§ 80-20 Operations – Refusing Passengers.

   (a)   Must Not Refuse to Transport Passengers. Unless the Driver has justifiable grounds, the Driver must not refuse to transport in any of the following circumstances: 

      (1)   Mandatory Transport. A Driver must not refuse by words, gestures or any other means, to take a Passenger, including a person with a disability and any service animal accompanying this individual, to any destination within the City of New York, the counties of Westchester or Nassau, or Newark Airport. 

 

35 RCNY § 80-20(a)(1)

Mandatory penalties as set forth in 35 RCNY § 80-02(e).

Appearance NOT REQUIRED

 

      (2)   Attendant for Passengers with a Disability. A Driver must not require a person with a disability to be accompanied by an attendant. 

 

35 RCNY § 80-20(a)(2)

Mandatory penalties as set forth in 35 RCNY § 80-02(e).

Appearance NOT REQUIRED

 

      (3)   Luggage and Mobility Aids. A Driver must not refuse to transport a Passenger's luggage, wheelchair, crutches, other mobility aid or other property. 

 

35 RCNY § 80-20(a)(3)

Mandatory penalties as set forth in 35 RCNY § 80-02(e).

Appearance NOT REQUIRED

 

      (4)   Ask Destination in Advance. A Driver must not attempt to learn the destination of a Passenger before the Passenger is seated in the Taxicab or, for a Hail Trip started in the Hail Zone, in the Street Hail Livery. Attempting to learn the destination in advance is a violation of this paragraph, regardless if the Driver ultimately agrees to transport the Passenger. 

         (i)   Asking a for a Passenger's destination in advance shall not be a violation of this paragraph if the Driver is returning to his or her home or garage and has followed the procedures provided in 35 RCNY § 80-19(a)(5) or 35 RCNY § 80-19(b)(6).

 

35 RCNY § 80-20(a)(4)

Mandatory penalties as set forth in 35 RCNY § 80-02(e).

Appearance NOT REQUIRED

 

      (5)   E-Hail Application. A Driver must not refuse to transport a Passenger after accepting a Hail from that Passenger by means of an E-Hail Application. 

 

35 RCNY § 80-20(a)(5)

Mandatory penalties as set forth in 35 RCNY § 80-02(e).

Appearance NOT REQUIRED

 

      (6)   Accessible Dispatch Program. Driver MUST accept dispatch. 

         (i)   While operating an Accessible Vehicle, an Approved Driver must accept a dispatch from the Accessible Taxi Dispatcher.

         (ii)   An Approved Driver who does not accept a dispatch has refused to provide service and will be subject to Mandatory Penalties for a refusal under subdivision (e) of this section.

 

35 RCNY § 80-20(a)(6)

Mandatory penalties as set forth in 35 RCNY § 80-02(e).

Appearance NOT REQUIRED

 

   (b)   Justifications for Refusing Passenger. The following are permitted reasons for refusing to transport a Passenger: 

      (1)   Another Passenger is already seated in the Vehicle.

      (2)   The Driver has already acknowledged a Hail from another person, and that other person is being picked up or is about to be picked up. (CAUTION: A Driver must not acknowledge the Hail of one person over another in order to avoid transporting the person whose Hail was not acknowledged.)

      (3)   The Passenger is carrying or is in possession of any article, package, case or container which the Driver reasonably believes will cause damage to the Vehicle. (CAUTION: This does NOT include wheelchairs, crutches, a service animal or other mobility aid used by a Passenger with a disability. Mobility aids must be accepted.)

      (4)   The Taxicab or Street Hail Livery Driver is discharging his or her last Passenger or Passengers prior to logging off from the Technology System.

      (5)   The Taxicab or Street Hail Livery Driver is ending his or her work shift, and has already logged off from the Technology System and locked both rear doors.

      (6)   The Taxicab or Street Hail Livery Driver must take the Vehicle out of service for required repairs and has already logged off from the Technology System and locked both rear doors.

      (7)   The Passenger is accompanied by an animal that is not properly secured in a suitable container. (CAUTION: This does not apply to service animals accompanying people with disabilities.)

      (8)   The Passenger's destination is Newark Airport or someplace in Nassau or Westchester County, and the Driver has been operating the Vehicle for more than eight hours of any continuous 24-hour period.

      (9)   The Passenger is disorderly or intoxicated. (CAUTION: Drivers must not refuse to provide service solely because of behavior caused by a person's disability.)

      (10)   The Passenger is smoking and has refused the Driver's request to stop. If the Driver has already begun the trip the Driver can discharge the Passenger in a safe location. (CAUTION: The Driver must ask the Passenger at least twice to stop smoking before requiring him or her to leave the Vehicle.)

      (11)   The Vehicle is a Street Hail Livery and the Passenger is in the Hail Exclusionary Zone.

      (12)   The Vehicle is a For-Hire Vehicle and the Passengers is attempting to Hail the Driver.

      (13)   The Vehicle is a Street Hail Livery and the Driver has accepted a dispatch call for a Pre- Arranged Trip and is logged on but unavailable for street-hail in the Technology System.

      (14)   The Vehicle is a For-Hire Vehicle and the Driver has accepted a dispatch call for a Pre- Arranged Trip.

      (15)   The Vehicle is a Taxicab or Street Hail Livery and the Driver has accepted a trip from the accessible dispatch program pursuant to 35 RCNY §  53-08 or an approved E-Hail App and is logged on but unavailable for street-hail in the Technology System.

(Added City Record 9/22/2016, eff. 10/22/2016; amended City Record 12/15/2016, eff. 1/14/2017; amended City Record 5/17/2018, eff. 6/16/2018; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 2/2/2023, eff. 3/4/2023)