2006 New York Code - Persistent Violators Of Rules Relating To Drivers Of Taxicabs And For-hire Vehicles.

 
    §  19-507.1  Persistent  Violators  of  Rules  Relating  to Drivers of
  Taxicabs and For-Hire Vehicles. a. (1) On or after  September  1,  1999,
  any  taxicab  or  for-hire  vehicle  driver  may  attend  a  remedial or
  refresher  course  approved  by  the   commission.   Upon   satisfactory
  completion  of  a  commission-approved course by such driver, two points
  shall  be  deducted  from  the  number  of  points  assessed  under  the
  persistent  violators  program  against  his  or her taxicab or for-hire
  vehicle driver's license.  A taxicab or for-hire vehicle driver shall be
  eligible for a point reduction pursuant to this  subdivision  only  once
  within the five-year period commencing on or after September 1, 1999.
    (2)   Notwithstanding   the   provisions  of  paragraph  one  of  this
  subdivision, any taxicab or  for-hire  vehicle  driver  may  attend  one
  remedial  or  refresher  course  approved  by the commission between the
  effective date of this local law and August 31, 1999. Upon  satisfactory
  completion  of  a  commission-approved  course by such driver two points
  shall  be  deducted  from  the  number  of  points  assessed  under  the
  persistent  violators  program  against  his  or her taxicab or for-hire
  vehicle driver's license.
    (3) Notwithstanding the provisions of paragraphs one or  two  of  this
  subdivision,   no   point  reduction  shall  affect  any  suspension  or
  revocation action which may be taken by the commission pursuant to  this
  program prior to the completion of the course and no taxicab or for-hire
  vehicle  driver shall receive a point reduction unless attendance at the
  course is voluntary on the part of the driver. If the commission has  no
  approved  remedial  or  refresher  course  on the effective date of this
  subdivision, then a department of motor vehicles-approved  course  shall
  be  deemed  acceptable  until  such  time  as  the commission approves a
  course.
    b. Any taxicab or for-hire vehicle driver who has been found guilty of
  violations of the commission's rules such that six or more  points  have
  been  assessed  against  his or her taxicab or for-hire vehicle driver's
  license within any fifteen-month period and whose license has  not  been
  revoked  shall  have  his  or  her  taxicab or for-hire vehicle driver's
  license suspended for thirty days. The provisions  of  this  subdivision
  shall apply only to violations issued on or after July 26, 1998.
    c. Any taxicab or for-hire vehicle driver who has been found guilty of
  violations  of  the commission's rules such that ten or more points have
  been assessed against his or her taxicab or  for-hire  vehicle  driver's
  license within any fifteen-month period shall have his or her taxicab or
  for-hire  vehicle  driver's  license  revoked.  The  provisions  of this
  subdivision shall apply only to violations issued on or after  July  26,
  1998.
    d.  For  the  purposes  of  assessing  points against the license of a
  taxicab or for-hire vehicle driver, where a taxicab or for-hire  vehicle
  driver  has  been  found  guilty  of  multiple violations arising from a
  single enforcement action  by  an  authorized  enforcement  agent,  such
  driver shall be deemed guilty of the single violation having the highest
  point assessment.
    e.  A  taxicab  or  for-hire vehicle driver shall not be subject to an
  assessment of points against his or  her  taxicab  or  for-hire  vehicle
  driver's license or the imposition of duplicate penalties where the same
  act  is  a violation under provisions of law other than commission rules
  and where such violations duplicate each other or are substantively  the
  same  and  any  such  driver may be issued only one summons or notice of
  violation for such violation. Points assessed by the department of motor
  vehicles by reason of violations under the vehicle and traffic  law  may
  not be added to points assessed by the commission under this section for
  violations of commission rules.


    f.  It  shall  be an affirmative defense that the act which formed the
  basis for the violation was beyond the  control  and  influence  of  the
  taxicab or for-hire vehicle driver.
    g.   Any   violation   issued   to  a  taxicab  driver  or  owner  for
  meter-tampering shall be served on the licensee by personal delivery  or
  by certified and regular mail within five calendar days of its issuance.
  The  licensee  shall have an opportunity to request a hearing before the
  commission or other administrative tribunal  of  competent  jurisdiction
  within  ten  calendar  days after receipt of any such notification. Upon
  request such hearing shall be scheduled within ten calendar days. If the
  tenth day falls on a Saturday, Sunday or holiday,  the  hearing  may  be
  held  on the next business day. A decision shall be made with respect to
  any such proceeding within sixty calendar days after the  close  of  the
  hearing. In the event such decision is not made within that time period,
  the license or medallion which is the subject of the proceeding shall be
  returned  by  the  commission  to  the licensee and deemed to be in full
  force and effect until such  determination  is  made.  It  shall  be  an
  affirmative  defense  to  any  violation for meter-tampering issued to a
  taxicab driver or owner  that  such  person  (i)  did  not  know  of  or
  participate  in  the  alleged  meter-tampering  and  (ii)  exercised due
  diligence to ensure that meter-tampering does not occur.
    h. For purposes of subdivision g  of  this  section,  examples  of  an
  owner's  due  diligence shall include, but are not limited to (1) giving
  to their drivers a clear warning that violations of the meter  tampering
  rules  will  result in the immediate termination of any lease agreement,
  the reporting to the commission of driver tampering and the commission's
  probable revocation  of  the  driver's  taxicab  driver's  license,  (2)
  including  in  any  written  lease  agreement  provisions containing the
  warnings against  violation  of  meter  tampering  rules,  (3)  stamping
  warnings  about  the  illegality  of  meter  tampering on the trip cards
  issued to all drivers of an  owner's  taxicabs,  (4)  having  management
  personnel  or mechanics periodically check for proper odometer and meter
  mileage comparisons in order to determine  if  there  are  inappropriate
  disparities  between  the  two  sets of figures, (5) conducting periodic
  random inspections of the taxicab meter and its wiring for  all  of  its
  taxicabs  to  detect  any  evidence  of violation of the meter tampering
  rules and (6) having  all  of  such  owner's  taxicabs  inspected  by  a
  licensed meter shop once every commission inspection cycle.