Int. No. 472
By Council Member Dear, Carrion, Cruz, Eisland, Espada, Freed, Fusco, Leffler, McCaffrey, O’Donovan, Reed, Rodriguez, Warden and Koslowitz
A Local Law
To amend the administrative code of the city of New York in relation to standards of conduct for drivers of taxicabs and for-hire vehicles.
Be it enacted by the Council as follows:
Section 1. Legislative Findings and Intent. While the Council understands and believes the need for strong regulation of the taxi and for-hire vehicle industry and those directly responsible for the safety of the riding public, the Council finds that many of the new rules recently promulgated by the Taxi and Limousine Commission concerning the standards for drivers of taxicabs and for-hire vehicles have placed a tremendous and unfair burden on the drivers and owners of these vehicles, especially those rules relating to the “Persistent Violator Program”. The Council is also troubled by the process by which these rules were promulgated, including the failure by the Taxi and Limousine Commission to adequately disclose in advance the full details of each Commission meeting or hearing at which the proposed rules were to be considered. The Council believes that the standards for driver conduct set forth in this legislation, while in many aspects identical to those established by the Taxi and Limousine Commission, depart from them in significant ways and would, in some circumstances, impose more stringent penalties than do the Taxi and Limousine Commission's rules. In doing so, the Council believes that this legislation establishes a superior balancing of the concern for safe and high quality service with the need for fair treatment of an industry important to New York City.
§2. Chapter 5 of title 19 of the administrative code of the city of New York is amended by adding thereto new sections 19-507.1 and 19-507.2 to read as follows:
§19-507.1 Persistent Violators of Rules Relating to Drivers of Taxicabs and For-Hire Vehicles. a. Any taxicab or for-hire vehicle driver who has been found guilty of three or more violations of the commission rules set forth in subdivision f of this section within an eighteen-month period and whose license has not been revoked shall be required to attend a remedial or refresher course. Any driver who does not complete such course upon notification by the commission shall have his license suspended until compliance with this requirement. Upon completion of the required course by such driver, two points shall be deducted from the number of points assessed against his or her taxicab or for-hire vehicle driver’s license. A driver shall be eligible for a point deduction pursuant to this subdivision only once within an eighteen-month period.
b. Any taxicab or for-hire vehicle driver who has accumulated nine or more points against his or her taxicab or for-hire vehicle driver’s license within an eighteen-month period and whose license has not been otherwise revoked shall have his or her license suspended for thirty days.
c. Any taxicab or for-hire vehicle driver who has accumulated eleven or more points against his or her taxicab or for-hire vehicle driver’s license within an eighteen-month period shall have his or her license revoked.
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 who 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 total.
e. Points may be assessed against a taxicab or for-hire vehicle driver’s license only for violations relating to unsafe driving or driver fraud with their respective assessments as are set forth in the schedule of violations established by subdivision f of this section.
f. The schedule of violations with their respective point assessments that may be imposed against a taxicab or for-hire vehicle driver’s license, as is appropriate, shall be as follows:
Rule Number |
Reference Description |
Points |
2-12(a) |
Operating a taxicab or for-hire vehicle while a taxicab or for-hire vehicle driver’s license is revoked, suspended or expired |
2 |
2-12(b) |
Operating a taxicab or for-hire vehicle without a new york state driver license of the appropriate class |
2 |
2-12(c) |
Failure to surrender a taxicab or for-hire vehicle driver’s license |
1 |
2-13(a) |
Applying for or possession of more than one taxicab or for-hire vehicle driver’s license |
3 |
2-15(a) |
Use of an altered taxicab or for-hire vehicle driver’s license |
1 |
2-17(a) |
Operating an unlicensed vehicle |
3 |
2-21(a) |
Reckless driving constituting a violation of section 1212 of the vehicle and traffic law |
4 |
2-21(b)(2)(b) |
Hazardous moving violations as follows: Speeding: |
|
|
5 to 10 miles above the posted speed limit |
3 |
|
11 to 20 miles above the posted speed limit |
4 |
|
21 to 30 miles above the posted speed limit |
5 |
|
31 to 40 miles above the posted speed limit |
8 |
|
More than 40 miles above the posted speed limit |
10 |
|
Failing to stop for a school bus |
5 |
|
Following too closely |
2 |
|
Failing to yield the right of way |
3 |
|
Traffic signal violation (red light) |
3 |
|
|
|
|
Stop sign violation |
5 |
|
Yield sign violation |
3 |
|
Railroad crossing violation |
3 |
|
Improper passing |
3 |
|
Unsafe lane change |
3 |
|
Driving left of center on a two-way street |
3 |
|
Driving in the wrong direction on a one-way street |
3 |
|
Leaving the scene of an accident involving property damage or injury |
3 |
2-21(c) |
Failure to stop after an accident |
3 |
2-21(d) |
Failure to report accident to owner |
3 |
2-23(a) |
Operation for more than twelve consecutive hours |
1 |
2-24(a)(1) |
Driver’s name not on rate card |
3 |
2-24(a)(2) |
Vehicle operated by unspecified driver |
3 |
2-24(b) |
Improper sublease |
9 |
2.25(e) |
Locking the rear doors while on duty |
2 |
2-25(g) |
Permitting operation by an unlicensed driver |
9 |
2-26(d) |
Operating a taxicab or for-hire vehicle with unauthorized equipment |
1 |
2-27(a)(2) |
Operating a taxicab without taxi driver license in the display frame |
1 |
2-27(a)(3) |
Operating a taxicab without a rate card |
1 |
2-30(a) |
Operating a taxicab with broken meter seals or an unauthorized meter |
2 |
2-31(a) |
Operating a taxicab with taximeter seals broken |
5 |
2-31(b) |
Tampering with a taximeter or equipment |
9 |
2-31(c) |
Tampering with the roof light |
3 |
2-32(a) |
Failure to follow prescribed procedure when a taximeter becomes defective during a trip |
1 |
2-33(a) |
Improper operation of the roof light |
1 |
2-33(c) |
Improper operation of the roof light after a passenger leaves the taxicab |
1 |
2-34(b) |
Collection of separate fares from individuals sharing a taxicab ride |
3 |
2-34(c) |
Willful failure to give correct change |
2 |
2-52(a-b) |
Abuse of the procedure to go “OFF DUTY” |
1 |
2-53(a) |
Abuses while “OFF DUTY” |
1 |
2-54(c) |
Soliciting a passenger by giving misleading information |
3 |
2-61(b) |
Using a taxicab or for-hire vehicle for any unlawful purpose |
3 |
2-61(d) |
Failure to report an attempt to use a taxicab or for-hire vehicle to commit a crime |
3 |
2-62(b) |
Failure to report a request for a gift/gratuity |
3 |
2-63(a) |
Failure to notify the commission of a criminal conviction |
3 |
2-66(a) |
Failure to cooperate with law enforcement officials |
2 |
2-66(b) |
Failure to comply with a commission request |
2 |
g. The schedule of points set forth in subdivision f of this section may only be imposed for violations of commission rules committed after July 26, 1998. The penalties set forth in subdivisions b and c of this section may be imposed following the hearing where the driver has been found in violation of rules that bring his accumulated point total to the level described in those subdivisions. Persistent violator penalties will be in addition to those penalties imposed for the underlying rule violations.
§19-507.2 Reporting Requirements. a. An owner shall maintain on file with the commission a current telephone number serviced by an answering machine or recording device, a pager number, telephone answering service number or other information by which telephone contact with the owner or a designated representative may reasonably be expected to be made at all times. An owner or designated representative must respond to any telephone or pager contact from the commission within seventy-two hours.
§3. Chapter 5 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-512.1 to read as follows:
§19-512.1 Revocation of taxicab licenses. The commission, may, for good cause shown relating to a threat to the public health or safety and prior to giving notice and an opportunity for a hearing, suspend a taxicab license issued pursuant to this chapter and after notice and an opportunity for a hearing, suspend or revoke a taxicab license. Notice of such suspension shall be served on the licensee by certified and regular mail within five calendar days of the pre-hearing suspension or of a determination by the commission to seek suspension or revocation of a taxicab license. The licensee shall have an opportunity for a hearing before the commission within ten calendar days after receipt of such notification. The commission shall make a decision with respect to any such proceeding within thirty days. In the event such decision is not made within that time period, the license or licenses which is the subject of the proceeding shall be deemed to be in full force and effect until such determination is made. The commission may suspend a taxicab license in excess of thirty days or revoke it only upon evidence that the licensee committed or knew of the commission of acts that would under the provisions of this code or rules promulgated thereunder warrant such revocation. The holder of a taxicab license or the owner of a licensed taxicab shall not be held responsible for the actions of another person in relation to such license or taxicab where the owner had no prior knowledge of those actions, and a final determination to suspend or revoke such license may not be made as a result of such actions. Any pre-hearing suspension period shall be counted towards any suspension period made in any final determination.
§4. This local law shall take effect sixty days after its enactment into law.
LS # 1237
lsreques\deartaxi
12/7/98 2:15 pm
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