2006 New York Code - Inter-municipal For-hire Vehicle Operation

 
    § 498. Inter-municipal   for-hire   vehicle   operation.   1.  Permit.
  Notwithstanding any inconsistent provisions of law, where a city with  a
  population  of  one  million  or  more requires the licensing of a motor
  vehicle used to pick up one or more passengers in such city for-hire  on
  a  prearranged basis, such vehicle may in lieu of such license be issued
  a permit by such city, provided that the transportation provided by such
  motor vehicle  complies  with  the  requirements  of  paragraph  (b)  of
  subdivision  four  of this section and any regulations promulgated by an
  agency designated by such city, and provided further that the  owner  of
  such  motor  vehicle is the holder of a valid registration issued by the
  commissioner for which a registration fee  has  been  paid  pursuant  to
  schedule  C  of  subdivision  seven  of section four hundred one of this
  chapter or the holder of a registration issued by the state of residence
  of a non-resident of this state which is valid for the transportation of
  persons for-hire within that state.
    2. Issuance and renewal of permit. Such city shall issue or renew such
  permit  for  each  motor  vehicle  used  in  the  manner  described   in
  subdivision  one  of  this  section  provided  that,  in addition to the
  conditions described in subdivision one of this section:
    (a) the applicant pays an annual fee  for  each  such  permit  of  two
  hundred  fifty  dollars; provided, however, that the annual fee for each
  such permit shall be one hundred dollars if:
    (i) the applicant has been granted a license or permit to operate as a
  taxicab by a political subdivision of this state;
    (ii) the applicant has entered into an agreement with the metropolitan
  transportation authority, the Long Island  Rail  Road,  the  Metro-North
  commuter railroad or a political subdivision of this state to rent space
  at  a  train  station  from  which the applicant picks up and transports
  passengers for-hire that have disembarked from  train  service  at  such
  station; and
    (iii)  the  only location in such city at which the applicant picks up
  passengers for-hire is at an airport in such city;
    (b) neither the applicant  nor  any  person  or  business  engaged  in
  transporting  passengers  by  motor  vehicle for-hire that is affiliated
  with such applicant has a place of business in such  city,  a  telephone
  number  in such city, or solicits business or specifically advertises in
  such city;
    (c) the vehicle shall be driven only  by  the  holder  of  a  driver's
  license which is valid for the for-hire operation of the vehicle in this
  state;
    (d)  the  vehicle  shall  be  driven  only by the holder of a for-hire
  vehicle driver's license where such license is required  by  such  city,
  unless  such  driver possesses any license or permit that was granted by
  another state or political subdivision and for  which  such  driver  has
  been  fingerprinted for the purpose of securing and reviewing his or her
  criminal history records;
    (e) the applicant has complied with any requirements of such  city  to
  obtain   a   license  for  the  operation  of  two-way  radio  or  other
  communications systems used for dispatching or conveying information  to
  drivers  of  for-hire  vehicles,  provided  that  in  no event shall the
  applicant be required to pay a fee for such license; and
    (f) the applicant has not had a permit revoked or has not been refused
  renewal of a permit  pursuant  to  subdivision  six  or  seven  of  this
  section.
    Any  such  permit  issued  by  such city shall be valid only while the
  registration of the vehicle remains valid.
    3. Inspection. All motor vehicles that receive a permit from such city
  pursuant to the  provisions  of  this  section  shall  be  inspected  at
  official  inspection  stations  licensed by the commissioner pursuant to
  section  three  hundred  three  of  this  chapter  once  every  year  in
  accordance  with  the provisions of article five of this chapter and the
  regulations  of  the  commissioner.  Such  city  may  conduct  on-street
  inspections of such motor vehicles.  An owner shall be ordered  by  such
  city  to  repair  or replace the motor vehicle for which such permit was
  issued where it appears that it no longer meets the reasonable standards
  for safe operation prescribed by regulations of an agency designated  by
  such  city.  Upon failure of such owner to have his or her motor vehicle
  inspected or to comply with any such order of such city within ten  days
  after  service  thereof,  the permit shall be suspended. Upon failure of
  such owner to comply with any such order of such city within one hundred
  twenty days after service thereof, the permit may, at the discretion  of
  such city, be deemed to have been abandoned by such owner.
    4.  Use of permit. (a) The permit issued by such city shall be in such
  form and be displayed in or on the motor vehicle for which it is  issued
  in  such  manner as an agency designated by such city shall prescribe by
  regulation.
    (b) It shall be unlawful for any person who holds  a  permit  to  both
  pick  up  and  discharge  the same passenger within such city, provided,
  however, that where pre-arranged transportation begins with the pick  up
  of  a  passenger in such city and ends with the discharge of a passenger
  outside of such city, the temporary discharge and subsequent pick up  of
  such  passenger  within  such  city during the course of performing such
  pre-arranged transportation is not in violation of this section if there
  is no unauthorized intra-municipal transportation provided to any  other
  person  who  is not covered by the pre-arranged transportation agreement
  during any such period of discharge.
    (c) A record of each transport authorized solely by such permit  shall
  be  entered  prior to the commencement of the transport in a log carried
  in the vehicle in a form and manner prescribed by an  agency  designated
  by  such city by regulation and shall be kept in the vehicle during such
  transport and shall be subject to inspection by any  police  officer  or
  peace  officer  acting  pursuant  to  his or her special duties or other
  person authorized by such city. Such record shall be kept for  a  period
  of  one  year  after  such  transport.  Failure  to  present  such a log
  maintained in the manner prescribed by an agency designated by such city
  when requested by any police officer or peace officer  or  other  person
  authorized by such city shall be presumptive evidence of intra-municipal
  operation in violation of paragraph (b) of this subdivision.
    5.   Civil   penalties   for   violations.   (a)  Notwithstanding  any
  inconsistent provision of law, any person  who  holds  a  permit  issued
  pursuant  to  subdivision two of this section and engages in the conduct
  described in subparagraph one, two, three or  four  of  this  paragraph,
  shall  be  liable  for  a  civil penalty in an amount that is triple the
  amount of the civil penalty provided for violations of subdivision e  of
  section  19-506  of  the administrative code of the city of New York, as
  amended:  (1) transportation of a passenger for-hire  from  a  point  in
  such  city  to  another point within such city in violation of paragraph
  (b) of subdivision four of this section; (2) the pick up of a  passenger
  for-hire  by other than pre-arrangement within such city; (3) failure to
  comply with the recordkeeping requirements prescribed by  paragraph  (c)
  of  subdivision  four  of  this  section; or (4) failure to maintain the
  conditions of issuance of a permit described in subdivision two of  this
  section.
    (b)  Notwithstanding  any inconsistent provision of law, violations of
  any of the provisions of this section or of any regulations  promulgated
  by  an  agency  designated  by  such  city  shall  by  adjudicated by an
  administrative tribunal of an agency authorized pursuant to the  charter
  of   such  city  to  adjudicate  violations  of  local  law,  rules  and
  regulations pertaining to for-hire vehicles as if it  were  a  violation
  relating  to  for-hire  vehicles,  provided,  however,  that  the  civil
  penalties imposed by such administrative tribunal  shall  be  the  civil
  penalties provided in paragraph (a) of this subdivision. Judgments based
  on  such  adjudications  may  be  entered  and  enforced  without  court
  proceedings in accordance with the provisions of such charter pertaining
  to the enforcement of judgments relating to for-hire vehicles.
    6. False statements. If any such city, after reviewing an  application
  for  a  permit  and after appropriate investigation or hearing affording
  the applicant an opportunity to be heard, finds that the applicant  made
  a  material  false  statement or concealed a material fact in connection
  with such application, such city may deny issuance of the permit or  may
  refuse to renew, or may suspend or revoke any such permit.
    7. Revocation and refusal to renew based on past violations. Where the
  holder  of  a  permit  issued pursuant to this section has been found to
  have committed two or more violations of any of the provisions  of  this
  section with respect to a particular motor vehicle within a twelve month
  period,  such  city  may  revoke  or refuse to renew the permit for such
  motor vehicle as well as the permit or permits issued pursuant  to  this
  section for other motor vehicles owned or operated by such holder.
    8.  Effect  of  application  or  issuance  on  doing business or other
  monetary assessment. No person who applies for a permit  or  to  whom  a
  permit  is  issued  shall,  solely  be virtue of having applied for such
  permit or having been issued such permit, be deemed to be doing business
  within such city if such person would not have been deemed to  be  doing
  business  had  he  or  she  not  applied for or received such permit. No
  person who has applied for such permit or to whom  a  permit  is  issued
  shall, solely by virtue of having applied for such permit or having been
  issued such permit, be subject to any fee, tax, assessment, or the like,
  other  than the fee imposed pursuant to paragraph (a) of subdivision two
  of this section, for which such person would not have been liable had he
  or she not applied for or received such permit. Nothing in this  section
  shall be construed to exempt any person from any fee, tax, assessment or
  the like of such city to which such person is otherwise subject.
    9.  Regulations.  An  agency  designated by such city is authorized to
  promulgate such  regulations  as  may  be  necessary  to  implement  the
  provisions of this section.