2006 New York Code - Definitions.



 
    § 19-502 Definitions. For the purpose of this chapter:
    a.  "Coach"  means a motor vehicle carrying passengers for hire in the
  city, designed to comfortably  seat  not  more  than  seven  passengers,
  operating  from coach hack stands designated by the commission, and duly
  licensed as a coach by the commission.
    b. "Commission" means the New York city taxi and limousine commission.
    c. "Driver" means a person licensed  hereunder  to  drive  a  licensed
  vehicle in the city.
    d.  "Driver's  license"  means  a  license  for a driver issued by the
  commission.
    e. "Vehicle license" means taxicab license, coach license,  wheelchair
  accessible  van  license  or  for-hire  vehicle  license  issued  by the
  commission.
    f. "Licensed vehicle" means a taxicab,  coach,  wheelchair  accessible
  van or for-hire vehicle licensed by the commission.
    g.  "For-hire  vehicle"  means a motor vehicle carrying passengers for
  hire in the city, with a seating capacity of twenty passengers or  less,
  not  including  the  driver,  other  than  a  taxicab, coach, wheelchair
  accessible van, commuter van or an authorized bus operating pursuant  to
  applicable  provisions  of  law.  For  the  purpose of this subdivision,
  "seating capacity" shall  include  any  plain  view  location  which  is
  capable  of  accommodating  a  normal  adult  is part of an overall seat
  configuration and design and is likely to be used as a seating  position
  while the vehicle is in motion.
    h.  "Medallion"  means  the  metal  plate issued by the commission for
  displaying the license number of a licensed taxicab on  the  outside  of
  the vehicle.
    i.  Except as is otherwise provided in subdivision f of section 19-506
  "owner" means any person, firm, partnership, corporation or  association
  owning  and operating a licensed vehicle or vehicles and shall include a
  purchaser under a reserve title contract, conditional sales agreement or
  vendors lien agreement, and a lessee of any  such  vehicle  or  vehicles
  under  a  written  lease or similar contract approved by the commission.
  Provided, however, that with respect to a commuter van, "owner" means  a
  person,  other  than a lien holder, having the property in or title to a
  vehicle. The term includes a person entitled to the use  and  possession
  of  a  vehicle subject to a security interest in another person and also
  includes any lessee or bailee of a  vehicle  having  the  exclusive  use
  thereof,  under  a  lease or otherwise, for a period greater than thirty
  days. If a vehicle is sold under a contract of  sale  which  reserves  a
  security  interest in the vehicle in favor of the vendor, such vendor or
  his assignee shall not, after delivery of such vehicle, be deemed to  be
  an  owner  within the provisions of this subdivision, but the vendee, or
  his or her assignee, receiving possession thereof, shall  be  deemed  an
  owner  notwithstanding  the  terms of such contract, until the vendor or
  his or her assignee shall retake possession of such vehicle.  A  secured
  party  in whose favor there is a security interest in any vehicle out of
  his or her possession shall not be deemed to  be  an  owner  within  the
  provisions of this subdivision.
    j.  "Rate  card"  means  a  card,  issued  by  the commission for each
  vehicle, which displays the vehicle license number, rates of  fare,  and
  such other data as the commission may prescribe.
    k.   "Taximeter"  means  an  instrument  or  device  approved  by  the
  commission by which the charge to a passenger for  hire  of  a  licensed
  vehicle  is automatically calculated and on which such charge is plainly
  indicated.
    l. "Taxi", "taxicab" or "cab" means motor vehicle carrying  passengers
  for  hire  in  the city, designed to carry a maximum of five passengers,

duly licensed as a taxi cab by the commission and permitted to accept hails from passengers in the street. m. "Wheelchair accessible van" means any motor vehicle equipped with a hydraulic lift or ramps designed for the purpose of transporting persons in wheelchairs or containing any other physical device or alteration designed to permit access to and enable the transportation of physically handicapped persons. n. "Handicapped transportation service" means one or more motor vehicles for hire or operated by a non-profit organization for carrying passengers for hire in the city by means of a wheelchair accessible van or vans and not permitted to accept hails from prospective passengers in the street. o. "Central business district of the borough of Manhattan" means that area of the borough of Manhattan lying south of, and including, ninety-sixth street. p. "Commuter van" means a commuter van service having a seating capacity of at least nine passengers but not more than twenty passengers or such greater capacity as the commission may establish by rule and carrying passengers for hire in the city duly licensed as a commuter van by the commission and not permitted to accept hails from prospective passengers in the street. For purposes of the provisions of this chapter relating to prohibitions against the operation of an unauthorized commuter van service or an unlicensed commuter van and to the enforcement of such prohibitions and to the imposition of penalties for violations of such prohibitions, the term shall also include any common carrier of passengers by motor vehicle not subject to licensure as a taxicab, for-hire vehicle, or wheelchair accessible van or not operating as an authorized bus line pursuant to applicable provisions of law. The commission shall submit to the council the text of any proposed rule relating to the maximum capacity of commuter vans at the time such proposed rule is published in the City Record. q. "Commuter van service" means a subclassification of common carriers of passengers by motor vehicles as such term is defined in subdivision seven of section two of the transportation law, that provides a transportation service through the use of one or more commuter vans on a prearranged regular daily basis, over non-specified or irregular routes, between a zone in a residential neighborhood and a location which shall be a work related central location, a mass transit or mass transportation facility, a shopping center, recreational facility or airport. A "commuter van service" shall not include any person who exclusively provides: (1) any one or more of the forms of transportation that are specifically exempted from article seven of the transportation law; or (2) any one or more of the forms of transportation regulated under this chapter other than transportation by commuter vans. r. "Security interest" means an interest in a vehicle reserved or created by an agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intented as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions. s. "Agent" means an individual, partnership or corporation that acts, by employment, contract or otherwise, on behalf of one or more owners to operate or provide for the operation of a taxicab in accordance with the requirements of this chapter and any rule promulgated by the commission. The term "agent" shall not include an attorney or representative who appears on behalf of one or more owners before the commission or an administrative tribunal, and taxicab drivers licensed pursuant to this chapter when acting in that capacity.
s. "Affiliated vehicle" means a for-hire vehicle other than a black car or luxury limousine which a base station is authorized by the commission to dispatch. t. "Base station" means a central facility which manages, organizes or dispatches affiliated vehicles licensed under this chapter, not including luxury limousines or black cars. u. "Black car" means a for-hire vehicle dispatched from a central facility whose owner holds a franchise from the corporation or other business entity which operates such central facility, or who is a member of a cooperative that operates such central facility, where such central facility has certified to the satisfaction of the commission that more than ninety percent of the central facility's for-hire business is on a payment basis other than direct cash payment by a passenger. v. "Luxury limousine" means a for-hire vehicle which is dispatched from a central facility which has certified to the satisfaction of the commission that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger, for which there is maintained personal injury insurance coverage of no less than five hundred thousand dollars per accident where one person is injured and one million dollars per accident for all persons injured in that same accident, whose passengers are charged on the basis of garage to garage service and on a flat rate basis or per unit of time or mileage. w. "Wheelchair accessible vehicle" shall mean a for-hire vehicle which is designed for the purpose of transporting persons in wheelchairs or containing any physical device or alteration designed to permit access to and enable the transportation of persons in wheelchairs.

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