Section 2300.
§ 2300. Commission. There shall be a New York city taxi and limousine
commission, the purposes of which shall be the continuance, further
development and improvement of taxi and limousine service in the city of
New York. It shall be the further purpose of the commission, consonant
with the promotion and protection of the public comfort and convenience
to adopt and establish an overall public transportation policy governing
taxi, coach, limousine, wheelchair accessible van services and commuter
van services as it relates to the overall public transportation network
of the city; to establish certain rates, standards of service, standards
of insurance and minimum coverage; standards for driver safety,
standards for equipment safety and design; standards for noise and air
pollution control; and to set standards and criteria for the licensing
of vehicles, drivers and chauffeurs, owners and operators engaged in
such services; all as more particularly set forth herein.
Section 2301.
§ 2301. Membership of commission. a. The commission shall consist of
nine members to be appointed by the mayor with the advice and consent of
the city council; five of said members, one resident from each of the
five boroughs of New York city, shall be recommended for appointment by
a majority vote of the councilmen of the respective borough.
b. Such members shall be appointed for terms of seven years. The
members shall first be appointed to serve as follows:
1. Five members recommended by the city council for a term of two
years.
2. Two members for a term of four years.
3. Two members for a term of six years.
Each such other member shall serve until the appointment and
qualification of a successor. For the purpose of fixing the expiration
of terms, they shall be deemed to have commenced on the first day of
February in the year of appointment and qualification, irrespective of
the actual date of appointment and qualification. Vacancies other than
by expiration of a term shall be filled for the unexpired term. The
mayor may remove any such member for cause, upon stated charges.
Notwithstanding the provisions of this paragraph, any public officer
appointed to the commission shall serve only during the period that he
holds such public office and shall receive no additional compensation.
c. The mayor shall designate one member of the commission to act as
the chairman and chief executive officer. The chairman shall have charge
of the organization of its office and have authority to employ, assign
and superintend the duties of such officers and employees as may be
necessary to carry out the provisions of this chapter. The chairman
shall devote his full time to this position and as such he shall receive
compensation.
d. The other members of the commission shall not be entitled to
compensation.
e. A majority of the whole number of members of the commission then in
office shall constitute a quorum for the transaction of any business.
The commission shall have power to act by a majority of its members.
Section 2302.
§ 2302. Reports of commission. a. All proceedings of the commission
and all documents and records in its possession shall be public records
and the commission shall make an annual report to the city council on or
before the second Monday of January in each year. Such annual report
shall contain information regarding complaints received by the
commission from the public, including, but not limited to, complaints of
overcharging, as well as enforcement actions undertaken by the
commission, whether the enforcement action was dismissed or settled, or
if a penalty was imposed by the commission on the subject of the
enforcement action. The information regarding enforcement actions shall
include, but not be limited to, enforcement actions relating to illegal
street hails, unlicensed vehicles, overcharging, and toll lane
infractions. The complaint and enforcement action information shall be
disaggregated by the type of license held by the person or entity who is
the subject of the complaint or action and the month during which the
complaint was received or enforcement action undertaken. Enforcement
actions shall be further disaggregated by the subject matter of the
action and geographic location. Complaint information shall be further
disaggregated to the extent practicable by the subject matter of the
complaint. In addition to inclusion in the commission's annual report,
the disaggregated complaint and enforcement information shall be posted
on the commission's website updated no less than monthly. Information
shall be published in a manner that does not identify the individual
parties involved in the actions reported upon in this section. The
chairman of the city council committee on transportation may at any time
direct the commission or the chairman of the commission to appear before
the committee to give testimony pertaining thereto, and to furnish to
the members of the council any reports deemed necessary.
b. The commission shall make a quarterly report to the city council on
or before the second Monday of March, June, September and December in
each year. Each such quarterly report shall contain information for the
immediately preceding quarter regarding the average wait time to secure
a vehicle inspection at the commission's assigned inspection facility as
required under the rules of the commission. Such report shall also
contain the number of instances when the wait for an inspection exceeds
four weeks. All information shall be disaggregated by vehicle type.
Section 2303.
§ 2303. Jurisdiction, powers and duties of commission. a. The
jurisdiction, powers and duties of the commission shall include the
regulation and supervision of the business and industry of
transportation of persons by licensed vehicles for hire in the city,
pursuant to provisions of this chapter. Except as otherwise provided
herein, charges of violations of the provisions of the administrative
code and rules promulgated thereunder shall be adjudicated by the
administrative tribunal established by the commission and governed by
the citywide administrative procedure act.
b. Such regulation and supervision shall extend to:
1. The regulation and supervision of rates of fare to be charged and
collected.
2. The regulation and supervision of standards and conditions of
service.
3. The revocation and suspension of licenses for vehicles, other than
licenses issued pursuant to state law, provided, however, that taxicab
licenses represented by medallions heretofore issued shall in all
respects remain valid in accordance with their terms and transferable
according to law.
4. Taxicab licenses represented by medallions which have heretofore
been surrendered are hereby revoked. Additional taxicab licenses may be
issued from time to time only upon the enactment of a local law
providing therefor. Any nontransferable licenses shall be deemed revoked
upon the surrender by or death of the holder thereof.
5. The issuance, revocation, suspension of licenses for drivers,
chauffeurs, owners or operators of vehicles, other than licenses issued
pursuant to state law, and for taxicab brokers and the establishment of
qualifying standards required for such licensees.
6. Requirements of standards of safety, and design, comfort,
convenience, noise and air pollution control and efficiency in the
operation of vehicles and auxiliary equipment.
7. Requirements for the maintenance of financial responsibility,
insurance and minimum coverage.
8. The establishment of, and the requirement of adherence to, uniform
system of accounts, with the right of the commission to inspect books
and records and to require the submission of such reports as the
commission may determine.
9. The development and effectuation of a broad public policy of
transportation affected by this chapter as it relates to forms of public
transportation in the city, including innovation and experimentation in
relation to type and design of equipment, modes of service and manner of
operation, which for limited purposes and limited periods of time may
depart from the requirements otherwise established for licensed vehicles
pursuant to this chapter.
10. Assistance to the business and industry of public transportation
affected by this chapter in aid of the continuation, development and
improvement of service and the safety and convenience of the public,
including assistance in securing federal and state grants.
11. The formulation, promulgation and effectuation of rules and
regulations reasonably designed to carry out the purposes, terms and
provisions of this chapter.
c. (1) The commission shall create an administrative tribunal to
adjudicate charges of violation of provisions of the administrative code
and rules promulgated thereunder. The commission shall have the power to
enforce its tribunal's decisions and orders imposing civil penalties,
not to exceed ten thousand dollars for each respondent, for violations
relating to unlicensed vehicles for hire and unlicensed drivers of
vehicles for hire **and for violations relating to the operation of
commuter van services without authorization and the operation of
unlicensed commuter vans and unlicensed drivers of commuter vans
pursuant to chapter five of title nineteen of the administrative code**
as if they were money judgments, without court proceedings, in the
following manner: Any such decision or order of the commission's
administrative tribunal imposing a civil penalty, whether the
adjudication was had by hearing or upon default or otherwise, shall
constitute a judgment rendered by the commission which may be entered in
the civil court of New York or any other place provided for the entry of
civil judgments within the state. Before a judgment based upon a default
may be so entered the commission or administrative tribunal shall have
first notified the respondent by first class mail in such form as the
commission may direct: (i) of the default and order and the penalty
imposed; (ii) that a judgment will be entered in the civil court of the
city of New York or any other place provided by law for the entry of
civil judgments within the state of New York; and (iii) that entry of
such judgment may be avoided by requesting a stay of default for good
cause shown and either requesting a hearing or entering a plea pursuant
to **the rules of the commission or administrative tribunal within
thirty days of** the mailing of such notice.
* So in original. (**text between** deleted without brackets).
(2) The commission or tribunal shall not enter any decision or order
pursuant to paragraph one of this subdivision unless the notice of
violation shall have been served in the same manner as is prescribed for
service of process by article three of the civil practice law and rules
or article three of the business corporation law except that: (a) with
respect to any notice of violation which alleges the operation of an
unlicensed vehicle for hire the operator of such vehicle who is not the
owner thereof but who uses or operates such vehicle with the permission
of the owner, express or implied, shall be deemed to be the agent of
such owner to receive such notice of violation and service made pursuant
to this paragraph on such operator shall also be deemed to be lawful
service upon such owner; or (b) with respect to any notice of violation
which alleges the operation of an unauthorized commuter van service or
an unlicensed commuter van, the operator of the vehicle giving rise to
such violation who is not the owner of such commuter van service or such
commuter van, as applicable, but who uses or operates such vehicle with
the permission, express or implied, of the owner of such commuter van
service or such commuter van, as the case may be, shall be deemed to be
the agent of the owner of such commuter van service or such commuter
van, as the case may be, to receive such notice of violation. Service
made pursuant to this paragraph on such operator shall be deemed to be
lawful service upon the owner of such commuter van service or commuter
van, as applicable.
d. No resolution of approval of a pilot program shall be approved by
the commission unless such resolution is posted in a prominent location
on the commission's website and electronically transmitted to each
member of the commission at least three calendar days, exclusive of
Sundays, prior to the commission's vote to approve or reject such
resolution of approval; provided, however, that revisions may be made to
a resolution of approval for a pilot program posted online and sent
electronically in conformity with this subdivision at any time prior to
a vote on such resolution if such revisions are approved by all members
of the commission by unanimous consent.
Section 2304.
§ 2304. Rates. a. The amount to be charged and collected for the hire
of a taxicab for one or more passengers within the city of New York
shall be the total of the following items:
1. For the first one-fifth mile or fraction thereof, or the first one
minute of waiting time or fraction thereof, or the combination thereof,
sixty cents.
2. For each additional one-fifth mile or fraction thereof, or
seventy-two seconds of waiting time or fraction thereof, or the
combination thereof, ten cents.
3. Fifty cents for each trunk.
4. All bridge and tunnel and ferry tolls.
5. There shall be no charge for personal luggage or for other
belongings of the passengers transported in the interior of the taxicab.
b. Hereafter, and notwithstanding the rates set forth in paragraph a
of this section, the commission shall prescribe, revise and otherwise
regulate reasonable rates of fare which may be charged and collected for
each type of service rendered.
c. In determining the rates of fare, the commission may consider all
facts which in its judgment have a bearing on a proper determination,
with due regard among other things to the time and distance of travel,
to the character of the service provided, to the gross revenues derived
from operation, to the net return derived from operation, to the
expenses of operation including the income of drivers or operators, to
the return upon capital actually expended and the necessity of making
reservations out of income for surplus and contingencies, to the number
of passengers transported, to the effect of fares upon the public and in
relation to the fares for other forms of public transportation, and to
the fares and practices with respect to similar services in other cities
of the United States.
d. No determination by the commission changing the rates of fare shall
be made except after a public hearing before the commission, at which
evidence shall be taken.
e. At any public hearing involving a change in the rates of fare, the
burden of proof to show that existing rates are not reasonable shall be
upon such segment of the business or industry affected by this chapter
as is involved in the change in rates.
f. The costs reasonably attributable to a public hearing involving a
change in the rates of fare, including the expenses of the commission
and the compensation of its officers, agents and employees, shall be
charged to and paid by such segment of the business or industry affected
by this chapter as is involved in the change in rates.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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