US Laws, Codes, Statutes & Cases

 
    §  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 the provisions of this chapter.
    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  or  an  administrative tribunal which may be
  established by the commission to  adjudicate  charges  of  violation  of
  provisions   of  the  administrative  code  and  rules  and  regulations
  promulgated thereunder shall have the power to enforce its 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 or
  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 or administrative
  tribunal which may be entered in the civil court of the city 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.
    (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.