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A08691 Summary:

BILL NOA08691A
 
SAME ASSAME AS S06118-A
 
SPONSORHeastie
 
COSPNSRCastro
 
MLTSPNSR
 
Rpld SS2, 3 & 5, amd SS4 & 6, Chap 602 of 2011; amd Tax L, generally; amd S1220-b, V & T L; amd SS19-506, 19-512.1, 19-507 & 19-516, NYC Ad Cd
 
Authorizes NYC to issue new taxicab licenses to vehicles that are accessible to individuals with disabilities; authorizes New York City to issue 18,000 hail taxicab licenses; generally relates to New York City taxicabs.
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A08691 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8691--A
                                                                     R. R. 2
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 28, 2011
                                       ___________
 
        Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
          tee on Cities -- recommitted to the Committee on Cities in  accordance
          with  Assembly Rule 3, sec. 2 -- amended on the special order of third
          reading, ordered reprinted as amended,  retaining  its  place  on  the

          special order of third reading
 
        AN  ACT  to  amend  chapter  602  of the laws of 2011 relating to livery
          permits in the city of New York, in relation to authorizing  New  York
          city to issue up to two thousand new taxicab licenses to vehicles that
          are  accessible to individuals with disabilities, authorizing New York
          City to issue eighteen thousand hail vehicle licenses and  authorizing
          up  to four hundred fifty hail base permits to for-hire base stations;
          and to amend the tax law, the administrative code of the city  of  New
          York and the vehicle and traffic law, in relation to taxicabs and HAIL
          licenses  in  New York city; and to repeal certain sections of chapter
          602 of the laws of 2011 relating to livery permits in the city of  New
          York
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature  finds  and  declares
     2  that the public health, safety and welfare of the residents of the state
     3  of  New  York  traveling  to,  from and within the city of New York is a
     4  matter of substantial state concern, including access to safe and  reli-
     5  able mass transportation such as taxicabs. The majority of residents and
     6  non-residents  of  the city of New York do not currently have sufficient
     7  access to legal, licensed taxicabs available for  street  hails  in  the
     8  city  of New York. Additionally, the legislature finds and declares that
     9  it is a matter of public health, safety and welfare to  ensure  adequate
    10  and  reliable transportation accessible to individuals with disabilities
    11  in the city of New York.  Currently, approximately 1.8  percent  of  the

    12  city's  approximately thirteen thousand yellow taxicabs is accessible to
    13  individuals with disabilities, and an even  smaller  percentage  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12108-10-2

        A. 8691--A                          2
 
     1  city's  approximately  twenty-three thousand livery vehicles is accessi-
     2  ble. This supply of  accessible  vehicles  is  insufficient  to  provide
     3  adequate and reliable transportation for the residents of and the commu-
     4  ters  and  visitors to New York city who have disabilities and therefore
     5  inhibits their basic daily activities. This lack of accessible  vehicles
     6  also  prevents  individuals with disabilities from being able to rely on

     7  the street hail system to get to a destination quickly, particularly  in
     8  an  emergency, or to travel to a location not near a subway or bus stop.
     9  Improving access to mass transportation,  including  taxicabs,  for  the
    10  residents  of  and  the commuters and visitors to New York city furthers
    11  these matters of substantial state concern.
    12    § 2. Sections 2, 3 and 5 of chapter 602 of the laws of  2011  relating
    13  to livery permits in the city of New York are REPEALED.
    14    §  3.  Sections 4 and 6 of chapter 602 of the laws of 2011 relating to
    15  livery permits in the city of New York, are amended to read as follows:
    16    § 4. HAIL base permit issuance. The New York city taxi  and  limousine
    17  commission  or successor agency is hereby authorized to issue non-trans-
    18  ferable permits to for-hire vehicle base stations  established  pursuant

    19  to  section  19-511  of the administrative code of the city of New York,
    20  allowing such base stations to be affiliated with holders  of  [permits]
    21  licenses issued pursuant to section [three] five of [this act] the chap-
    22  ter  of  the  laws of 2012 which amended this section ("hail [privilege]
    23  base permit"), provided that no more than  four  hundred  fifty  permits
    24  shall  be  held at one time.  Every holder of a hail [privilege] vehicle
    25  [permit] license issued pursuant to section [three of this act] five  of
    26  the  chapter  of  the  laws  of 2012 which amended this section shall be
    27  affiliated with one such base station.  Hail  [privilege]  base  permits

    28  shall  be  issued to base stations pursuant to this section for a fee in
    29  the amount of three thousand dollars, and shall be valid for three years
    30  prior to renewal. [Such] The right to renewal shall be  automatic,  upon
    31  payment of a renewal fee, if the base station is in good standing.  Such
    32  renewal  fee  amount may be increased by such taxi and limousine commis-
    33  sion or successor agency to account for changes in the  [United  States]
    34  New  York  -  northern  New  Jersey  - Long Island consumer price index,
    35  adjusted for inflation. The initial [sale] issuance of such hail [privi-
    36  lege] base permits will be limited to  existing  for-hire  vehicle  base
    37  stations  established  pursuant  to section 19-511 of the administrative

    38  code of the city of New York, that have been in operation for  at  least
    39  three  years  and  are  in  good  standing  with such taxi and limousine
    40  commission or successor agency. Such hail [privilege] base permits shall
    41  be issued beginning no later than the  public  sale  of  the  additional
    42  taxicab  [medallions]  licenses  issued pursuant to section [two of this
    43  act] eight of the chapter  of  the  laws  of  2012  which  amended  this
    44  section.    The city of New York, acting through such taxi and limousine
    45  commission or successor agency, is hereby authorized  and  empowered  to
    46  take  such  actions  as  are  necessary  and  desirable to implement the
    47  provisions of this section, subject only to the procedures  and  limita-

    48  tions  set forth in this section, and shall not be required to engage in
    49  any review provided for by any provision of law or make  or  obtain  any
    50  determination not expressly required by this section.
    51    §  6.  This  act  shall  take  effect immediately.   This act shall be
    52  construed as a whole, and all parts of it are to be read  and  construed
    53  together.  If any part of this act or any amendments made thereto by the
    54  chapter of the laws of 2012 which amended this section shall be adjudged
    55  by any court of competent jurisdiction to be invalid, the  remainder  of
    56  this  act  shall  be  invalidated  and shall be deemed to have not taken

        A. 8691--A                          3
 
     1  effect, provided however that the validity of any taxicab license issued

     2  before the date that this act is declared invalid shall not be affected.
     3    §  4. Definitions.   Notwithstanding any other law to the contrary, as
     4  used in this act, the term:
     5    (a) "Accessible vehicle" means a for-hire vehicle that is designed for
     6  the purpose of transporting persons in wheelchairs or contains  a  phys-
     7  ical  device  or  alteration designed to permit access to and enable the
     8  transportation of persons in wheelchairs in accordance with  the  Ameri-
     9  cans with Disabilities Act.
    10    (b)  "Hail Accessible Inter-borough license" or "HAIL license" means a
    11  license issued by the New York city taxi and limousine  commission  that
    12  authorizes  a  designated  vehicle  to pick up passengers by street hail
    13  outside of the HAIL exclusionary zone.  Provided, however, that  a  HAIL
    14  vehicle  shall  be permitted to accept passengers by prearranged call at

    15  airports and outside the HAIL exclusionary zone.
    16    (c) "HAIL exclusionary zone" means airports in the city of New York in
    17  which a HAIL vehicle is prohibited from pick-up of passengers by  street
    18  hail  and  that  area of the city of New York in Manhattan south of east
    19  ninety-sixth street and south of west one hundred tenth street in  which
    20  a  HAIL  vehicle is prohibited from pick-up of passengers by street hail
    21  or pre-arranged call and in such other areas as the TLC  shall  by  rule
    22  prohibit HAIL vehicles from accepting passengers by street hail consist-
    23  ent  with  this  act.    Provided, however, that a HAIL vehicle shall be
    24  permitted to accept passengers  by  prearranged  call  at  airports  and
    25  outside the HAIL exclusionary zone.
    26    (d)  "For-hire vehicle" means a motor vehicle carrying passengers for-
    27  hire in the city, with a seating capacity of twenty passengers or  less,

    28  not  including  the driver, other than a taxicab, coach, commuter van or
    29  an authorized bus operating pursuant to applicable  provisions  of  law.
    30  For  the  purpose  of this subdivision, "seating capacity" shall include
    31  any plain view location which is capable of accommodating a normal adult
    32  as part of an overall seat configuration and design and is likely to  be
    33  used as a seating position while the vehicle is in motion.
    34    (e)  "For-hire  driver"  means a driver licensed pursuant to paragraph
    35  (iii) of subdivision a of section 19-505 of the administrative  code  of
    36  the city of New York.
    37    (f)  "HAIL  vehicle" means a for-hire vehicle having a taximeter and a
    38  TLC-sanctioned trip record system and subject to a HAIL license.
    39    (g) "TLC" means the New York city taxi and limousine commission  or  a
    40  successor agency.

    41    § 5. HAIL license issuance.  (a) The TLC is hereby authorized to issue
    42  hail  accessible  inter-borough licenses. No more than eighteen thousand
    43  HAIL licenses shall be issued.
    44    (b) Six thousand of such HAIL licenses shall be issued  within  twelve
    45  months  from  the date on which the first HAIL license is issued ("first
    46  issuance"). Any of the six thousand licenses authorized for  such  issu-
    47  ance  not  issued within the first twelve months shall be authorized for
    48  issuance in the second issuance in addition to those authorized  in  the
    49  second  issuance, as defined in this subdivision.  Twenty percent of the
    50  HAIL licenses issued in the first issuance will be restricted to  acces-
    51  sible  vehicles,  and  for  every  block  of  one thousand HAIL licenses
    52  issued, the twenty percent requirement must be met prior to the issuance

    53  of any additional HAIL licenses.  The TLC will study and report  on  the
    54  accessibility of vehicles with HAIL licenses in the Disabled Accessibil-
    55  ity  Plan and may recommend that a different percentage of HAIL licenses
    56  be restricted to accessible vehicles for the remaining  twelve  thousand

        A. 8691--A                          4
 
     1  HAIL licenses. Without such approved modification, twenty percent of the
     2  remaining  twelve  thousand  licenses  will  be restricted to accessible
     3  vehicles, and for every block of one thousand HAIL licenses issued,  the
     4  twenty  percent  requirement  must  be  met prior to the issuance of any
     5  additional HAIL licenses.  Twelve months after the first  issuance,  the
     6  TLC  may  issue up to six thousand additional HAIL licenses (the "second
     7  issuance"). One year after the second issuance, the TLC may issue up  to

     8  six  thousand  additional  HAIL licenses ("third issuance").  Any of the
     9  HAIL licenses authorized for issuance during the first and second  issu-
    10  ances not issued within the first twenty-four months shall be authorized
    11  for issuance in addition to those authorized in the third issuance.  The
    12  TLC  may  reissue pursuant to this act a HAIL license that is revoked or
    13  has otherwise reverted to the TLC. Within the first three years  of  the
    14  first  issuance,  HAIL licenses may be issued only to owners of for-hire
    15  vehicles or for-hire drivers who have been licensed by the  TLC  for  at
    16  least  one  year  and  are  in good standing with the TLC; provided that
    17  three months after the first issuance any remaining HAIL licenses in the
    18  first issuance restricted to accessible vehicles authorized for issuance
    19  may be issued without regard to such restrictions  in  a  manner  to  be

    20  determined by the TLC.
    21    (c)  An individual or entity may only own one HAIL license except that
    22  an individual or entity  may  own  not  more  than  five  HAIL  licenses
    23  restricted  to  accessible  vehicles.   A HAIL license not restricted to
    24  accessible vehicles may not be transferred or issued to an individual or
    25  entity if such individual or entity has a fiduciary  relationship  with,
    26  an  ownership  interest in or is otherwise a member of any other entity,
    27  including without limitation a corporation, partnership, limited liabil-
    28  ity corporation, limited liability partnership, joint venture or associ-
    29  ation that owns a HAIL license issued or transferred  pursuant  to  this
    30  section  and  section  seven  of  this act. A HAIL license restricted to
    31  accessible vehicles may not be transferred or issued to an individual or

    32  entity if such individual or entity has a fiduciary  relationship  with,
    33  an ownership interest in or is otherwise a member of any other entity or
    34  combination  of  entities,  including  without limitation a corporation,
    35  partnership, limited liability corporation, limited  liability  partner-
    36  ship,  joint venture or association that in the aggregate owns five HAIL
    37  licenses restricted to accessible vehicles issued or transferred  pursu-
    38  ant to this section and section seven of this act.
    39    (d) HAIL licenses shall be issued for a fee in the amount of one thou-
    40  sand  five hundred dollars in the first issuance, three thousand dollars
    41  in the second issuance and four thousand five  hundred  dollars  in  the
    42  third  issuance.  A HAIL license shall be valid for three years prior to
    43  renewal. The right to renewal shall be  automatic,  upon  payment  of  a

    44  renewal  fee in an amount to be specified by the TLC, if the owner is in
    45  good standing.
    46    (e) The TLC may designate additional areas outside of Manhattan to  be
    47  included in the HAIL exclusionary zone, based upon the HAIL market anal-
    48  ysis pursuant to section six of this act.
    49    (f)  Nothing  in  this  section  shall prohibit an owner of a for-hire
    50  vehicle that is not a HAIL vehicle from accepting prearranged calls from
    51  a for-hire vehicle base station established pursuant to  section  19-511
    52  of  the  administrative  code  of  the  city of New York from picking up
    53  passengers by pre-arranged  call  inside  the  HAIL  exclusionary  zone,
    54  provided  that such owner is licensed to do so.  Nothing in this section
    55  shall prohibit the owner of a HAIL vehicle from accepting a pre-arranged

        A. 8691--A                          5
 

     1  call from a for-hire base outside the  HAIL  exclusionary  zone  and  at
     2  airports.
     3    (g)  Nothing  in  this  section  shall prohibit an owner of a for-hire
     4  vehicle who possesses a HAIL license from allowing a  driver  who  meets
     5  the  TLC's  designated standards to operate the vehicle and exercise the
     6  privileges of the HAIL license. The TLC may by rule govern the equipment
     7  of such vehicles, including but not limited to meters that calculate the
     8  fares that may be charged for trips in such vehicles.   The TLC  may  by
     9  rule  provide  for  the  licensing  of  businesses which manufacture and
    10  provide such equipment to the owners of HAIL vehicles and  adopt  penal-
    11  ties for drivers who charge fares in excess of the approved rate of fare
    12  or  refuse  to take passengers to any destination within the city of New
    13  York provided that rules promulgated for the purposes of licensing shall

    14  comply with chapter 45 of the charter  of  the  city  of  New  York  and
    15  provided  further  that the TLC shall, before revoking or suspending any
    16  such license, provide such licensee notice and  an  opportunity  for  an
    17  adjudication  pursuant to section 1046 of the charter of the city of New
    18  York.
    19    (h) The city of New York, acting through the TLC, is hereby authorized
    20  and empowered to take such actions as are  necessary  and  desirable  to
    21  implement  the  provisions of this section and section nine of this act,
    22  subject only to the procedures and limitations set forth  in  this  act,
    23  and  shall  not  be required to engage in any review provided for by any
    24  provision of law or make  or  obtain  any  determination  not  expressly
    25  required by this act.
    26    §  6.  HAIL  market  analysis.  Prior to the second issuance and third

    27  issuance, the TLC shall prepare and submit (i) to  the  council  of  the
    28  city of New York for its comments, (ii) for public comment, and (iii) to
    29  the New York state department of transportation for its comments, a HAIL
    30  market  analysis examining HAIL vehicle rider demand, shortages, and the
    31  need for adequate and affordable transportation, including  an  analysis
    32  of  (a)  the need for additional HAIL licenses to meet rider demand, (b)
    33  the adequacy of enforcement provisions governing HAIL licenses, (c)  the
    34  adequacy  of the HAIL exclusionary zone, (d) the state of the market for
    35  issuance or other transfer of such licenses, (e) the impact of such  new
    36  licensing on for-hire vehicle license owners, taxicab license owners and
    37  other industry participants that have not obtained such license, (f) the
    38  impact  of  additional  license  issuance  on  traffic safety and street

    39  congestion within the city of New York, (g) the need for related  statu-
    40  tory  or regulatory changes, (h) actions by the TLC on:  (i) the promul-
    41  gation of rules and regulations governing HAIL vehicles and the enforce-
    42  ment  of  existing  laws,  rules  and  regulations  governing   for-hire
    43  vehicles,  taxicabs,  HAIL  vehicles and vehicles that operate without a
    44  valid license issued by the TLC, (ii) the allocation  of  resources  for
    45  enforcement and (iii) deterring and punishing individuals who repeatedly
    46  violate  such laws, rules and regulations; and (i) implementation of the
    47  HAIL license system and its integration into the New York  city  transit
    48  system.
    49    §  7.  Transfer  of  the  HAIL licenses. Subject to subdivision (c) of
    50  section five of this act, each HAIL license issued by the TLC  shall  be
    51  transferable  to  owners  of  for-hire vehicles licensed by the TLC or a

    52  for-hire driver in good standing with the TLC.
    53    § 8. Accessible taxicab license issuance. The city of  New  York  may,
    54  acting  by  the  mayor  alone, administratively authorize the TLC or its
    55  successor agency to issue up to two thousand taxicab licenses  in  addi-
    56  tion  to  those  already  issued,  provided,  however, that such taxicab

        A. 8691--A                          6
 
     1  licenses shall be restricted to vehicles designated for the  purpose  of
     2  transporting  persons  in wheelchairs or containing a physical device or
     3  alteration designed to permit access to and enable the transportation of
     4  persons  in  wheelchairs in accordance with the Americans with Disabili-
     5  ties Act, provided further that such additional licenses shall be issued
     6  by public sale and shall be fully transferable and provided further that

     7  no more than four hundred of  the  taxicab  licenses  authorized  to  be
     8  issued pursuant to this act may be issued until the Disabled Accessibil-
     9  ity Plan is approved by the New York state department of transportation.
    10  The  TLC  shall  prescribe by regulation the procedures for the issuance
    11  and public sale of such additional licenses, by public  auction,  sealed
    12  bids  or  other  competitive process. The authorization provided in this
    13  section is conditioned upon the TLC making available  for  issuance  the
    14  licenses and permits authorized pursuant to section five of this act and
    15  section  4 of chapter 602 of the laws of 2011 relating to livery permits
    16  in the city of New York.
    17    § 9. Promoting accessibility. (a) The TLC shall establish a program to
    18  support the introduction of accessible vehicles into  the  HAIL  vehicle

    19  fleet  by:    (i)  providing  grants  to  purchasers  of  HAIL  licenses
    20  restricted to accessible vehicles as provided in subdivision (b) of this
    21  section; or (ii) providing vehicles to purchasers of the  HAIL  licenses
    22  restricted to accessible vehicles on affordable and financially feasible
    23  terms.
    24    (b)  Purchasers  of  hail  licenses  restricted to accessible vehicles
    25  issued pursuant to this act shall be eligible to apply for grants in  an
    26  amount  up  to  fifteen thousand dollars, which shall be applied towards
    27  the costs of:  (i) purchasing an accessible vehicle for use  as  a  HAIL
    28  vehicle;  or (ii) retrofitting a vehicle to be an accessible vehicle for
    29  use as a HAIL vehicle. The total amount of such grants shall not  exceed
    30  fifty-four million dollars.
    31    (c)  The  TLC  may  increase  the amount of each grant by an amount it

    32  deems necessary to encourage the availability of accessible vehicles.
    33    (d) The TLC shall administer the program established pursuant to  this
    34  section and shall establish rules and regulations necessary to implement
    35  the provisions of this section.
    36    (e) All accessible vehicles shall be inspected at an inspection facil-
    37  ity  operated  by  the  TLC  not  less  than once every eight months, in
    38  accordance with a procedure to be established by the TLC to ensure  that
    39  such vehicles are accessible vehicles. If any such vehicle fails to pass
    40  its  inspection  for  any reason relating to such standards, it shall be
    41  reinspected. The TLC or any other agency authorized by law  may  conduct
    42  on-street inspections of vehicles licensed pursuant to the provisions of
    43  this  act.  The date of the inspection of such vehicle and the signature

    44  of the persons making the inspection shall be recorded  upon  a  certif-
    45  icate  to  be  posted in each such vehicle. An owner shall be ordered by
    46  the TLC to repair or replace his or her vehicle where it appears that it
    47  is no longer an accessible vehicle. Upon failure of such owner  to  have
    48  his or her vehicle inspected or to comply with any such order within ten
    49  days after service thereof, the license shall be suspended; upon failure
    50  of  such  owner  to comply with any such order within one hundred twenty
    51  days after service thereof, the license may, at the  discretion  of  the
    52  TLC, be deemed to have been abandoned by non-use.
    53    §  10.  Disabled accessibility plan. Not later than one year after the
    54  initial issuance of HAIL vehicle licenses, the  TLC  shall  prepare  and
    55  submit  to  the New York state department of transportation a comprehen-

    56  sive plan (the "disabled accessibility plan") that:

        A. 8691--A                          7
 
     1    (a) sets forth an accessibility plan that (i) will lead to  meaningful
     2  accessibility  over  a period of years for individuals with disabilities
     3  to all taxicabs, for-hire vehicles and HAIL vehicles through  a  gradual
     4  phase-in  of  accessible  vehicles  to the taxicab, for-hire vehicle and
     5  HAIL  vehicle transport system, (ii) makes accessible vehicles available
     6  based on need within geographic areas of the city of New  York  by  for-
     7  hire vehicle base stations established pursuant to section 19-511 of the
     8  administrative  code  of the city of New York and provides the method to
     9  be used by the TLC to calculate such need and monitor  availability  and
    10  (iii)  may  include  alternate  means  of  increasing  marketability and

    11  adequacy of incentives to purchase accessible licenses so that  accessi-
    12  bility requirements can be achieved;
    13    (b) The disabled accessibility plan either shall contain a recommenda-
    14  tion  for the percentage of HAIL licenses issued in the second and third
    15  issuances to be restricted to accessible vehicles, or if no  recommenda-
    16  tion  is  made,  the  required percentage of HAIL licenses restricted to
    17  accessible vehicles set for the first issuance shall  remain  in  effect
    18  for  the  second  and  third  issuances,  and  the TLC shall continue to
    19  require that for every block of one thousand HAIL licenses  issued,  the
    20  twenty  percent  requirement provided in subdivision (b) of section five
    21  of this act must be met prior to the issuance  of  any  additional  HAIL
    22  licenses.
    23    (c)  The disabled accessibility plan shall be prepared in consultation

    24  and cooperation with disability rights advocates and other  stakeholders
    25  and  shall  be  submitted to the council of the city of New York for its
    26  comments, which comments shall be considered by the  TLC  prior  to  its
    27  submission  to  the New York state department of transportation. The New
    28  York state department of transportation may recommend changes or  amend-
    29  ments  to  the  TLC  as  a condition of its approval and must approve or
    30  reject the disabled accessibility plan within sixty days  of  submission
    31  by  the  TLC.  The city of New York, acting through the TLC, and the New
    32  York state  department  of  transportation  are  hereby  authorized  and
    33  empowered  to take such actions as are necessary and desirable to imple-
    34  ment the provisions of this section, subject only to the procedures  and
    35  limitations  set  forth  in  this  section, and shall not be required to

    36  engage in any review provided for by any provision of  law  or  make  or
    37  obtain any determination not expressly required by this act.
    38    (d)  The TLC shall not be permitted to issue more than four hundred of
    39  the taxicab licenses authorized to be issued pursuant to this act  until
    40  this  plan  is  approved by the New York state department of transporta-
    41  tion.  Upon such approval by such department, the issuance by the TLC of
    42  more than four hundred taxicab licenses pursuant to this act  shall  not
    43  be affected by the pendency, the final determination or other outcome of
    44  any  action  or  proceeding  to  which  the New York state department of
    45  transportation or its commissioner is a party that seeks to challenge or
    46  invalidate the approved disabled accessibility plan or any portion ther-
    47  eof.
    48    § 11. Notwithstanding any of the foregoing it shall remain the  exclu-

    49  sive  right  of  existing  and  future taxicabs licensed by the TLC as a
    50  taxicab to pick up passengers via street hail in such areas of the  city
    51  of  New  York wherein HAIL license holders are prohibited from accepting
    52  such passengers. All vehicles licensed by the TLC as taxicabs  shall  be
    53  permitted to pick up passengers via street hail from any location within
    54  the  city  of New York unless the pick-up of passengers is prohibited by
    55  law. No driver of any for-hire vehicle shall accept a  passenger  within
    56  the  city  of  New  York by means other than pre-arrangement with a base

        A. 8691--A                          8
 
     1  unless said driver is operating either a (i) taxicab licensed by the TLC
     2  with a medallion affixed thereto, or (ii) a vehicle with  a  valid  HAIL
     3  license  and said passenger is hailing the vehicle from a location where

     4  street hails of such vehicles are permitted.
     5    §  12.  Section  1280  of  the  tax law is amended by adding seven new
     6  subdivisions (o), (p), (q), (r), (s), (t) and (u) to read as follows:
     7    (o) "HAIL vehicle" means a for-hire vehicle having a taximeter  and  a
     8  TLC-sanctioned  trip record system, licensed by the TLC to carry passen-
     9  gers for hire and authorized to accept hails from prospective passengers
    10  in the streets of the  city,  provided  that  such  authorization  shall
    11  prohibit  the  pick-up  of  passengers by street hail at airports and by
    12  street hail or pre-arranged call in Manhattan south of east ninety-sixth
    13  street and south of west one hundred tenth street, or in  such  area  as
    14  the  TLC  shall  by rule prohibit pursuant to the chapter of the laws of

    15  two thousand twelve which added this subdivision.
    16    (p) "For-hire vehicle" means a motor vehicle carrying  passengers  for
    17  hire  in the city, with a seating capacity of twenty passengers or less,
    18  not including the driver, other than a taxicab, coach, commuter  van  or
    19  an  authorized  bus  operating pursuant to applicable provisions of law.
    20  For the purpose of this subdivision, "seating  capacity"  shall  include
    21  any  plain  view  location  which  is  capable of accommodating a normal
    22  adult, is part of an overall seat configuration and design, and is like-
    23  ly to be used as a seating position while the vehicle is in motion.
    24    (q) "HAIL vehicle owner" means a person licensed by the TLC to own and

    25  operate, or operate, a HAIL vehicle for which the TLC has issued a  HAIL
    26  license.
    27    (r)  "HAIL  license" means a license issued by the TLC to a person who
    28  is the owner or licensed operator of a for-hire vehicle that  authorizes
    29  that  vehicle to pick up passengers by street hail in the city, provided
    30  that such authorization shall prohibit  the  pick-up  of  passengers  by
    31  street  hail  at  airports  and  by  street hail or pre-arranged call in
    32  Manhattan south of east  ninety-sixth  street  and  south  of  west  one
    33  hundred  tenth street, or in such area as the TLC shall by rule prohibit
    34  pursuant to the chapter of the laws of two thousand twelve  which  added
    35  this subdivision.

    36    (s)  "HAIL  vehicle trip" means a HAIL vehicle trip provided to one or
    37  more passengers regardless of the number of stops,  that  originated  by
    38  street  hail,  and  for  which  the  taximeter  is required to be in the
    39  recording or hired position designating a street hail  trip  subject  to
    40  the tax imposed by this article.
    41    (t) "HAIL base" means a person who or which is a for-hire vehicle base
    42  station  established  pursuant  to  section 19-511 of the administrative
    43  code of the city of New York and permitted by the TLC to  be  affiliated
    44  with holders of HAIL licenses.
    45    (u)  "Dispatch trip" means a trip in a HAIL vehicle that originated by
    46  a customer calling a HAIL base to request  service  and  the  HAIL  base

    47  dispatching  the  call  to the driver of the HAIL vehicle, and for which
    48  the taximeter is required to be  in  the  recording  or  hired  position
    49  designating such a trip.
    50    §  13.  Subdivisions  (g), (h) and (m) of section 1280 of the tax law,
    51  subdivision (g) as added by section 1 of part E of  chapter  25  of  the
    52  laws of 2009 and subdivision (h) as amended and subdivision (m) as added
    53  by section 2 of part V of chapter 57 of the laws of 2010, are amended to
    54  read as follows:
    55    (g)  "Passenger" means an individual seated in a taxicab or HAIL vehi-
    56  cle for travel for hire to a given destination.

        A. 8691--A                          9
 
     1    (h) "Taximeter" means an instrument or device approved by the  TLC  by

     2  which  the  charge  to  a passenger for hire of a licensed taxicab for a
     3  taxicab trip or of a HAIL vehicle for a HAIL vehicle  trip  is  automat-
     4  ically  calculated  and  on which such charge is plainly indicated.  The
     5  taximeter  of a HAIL vehicle may also be used to record information of a
     6  dispatch trip.
     7    (m) "Trip record," also known as a trip sheet or trip log,  means  the
     8  written,  computerized,  automated or electronic accounting of a taxicab
     9  [ride] trip, HAIL vehicle trip, or dispatch trip. The trip  data  to  be
    10  transmitted or recorded shall include the taxicab license number (medal-
    11  lion number) or HAIL vehicle license number, any licensed operator's TLC
    12  license  number,  and  HAIL  base  permit  number;  the taxicab driver's

    13  license number or HAIL vehicle driver's license number; the location  of
    14  trip  initiation; the time of trip initiation; the number of passengers;
    15  the location of trip termination; the  time  of  trip  termination;  the
    16  itemized metered fare for the trip (tolls, surcharge, and tip if paid by
    17  credit  or  debit  card); the distance of the trip, the trip number, the
    18  method of payment, the total number of passengers, as well as such other
    19  information as may be required by the TLC.
    20    § 14. Section 1281 of the tax law, as amended by section 3 of  part  V
    21  of chapter 57 of the laws of 2010, is amended to read as follows:
    22    §  1281.  Imposition  of  tax. In addition to any other tax imposed by
    23  this chapter or other law, there is  hereby  imposed  on  every  taxicab
    24  owner a tax of fifty cents per taxicab trip and on every HAIL base a tax

    25  of  fifty  cents  per  HAIL  vehicle trip provided by every HAIL vehicle
    26  affiliated with the base, on every trip that originates in the city  and
    27  terminates anywhere within the territorial boundaries of the MCTD.
    28    §  15.  Section 1282 of the tax law, as amended by section 4 of part V
    29  of chapter 57 of the laws of 2010, is amended to read as follows:
    30    § 1282. Presumption of taxability.  For  the  purpose  of  the  proper
    31  administration of this article and to prevent evasion of the tax imposed
    32  by  this article, it shall be presumed that every taxicab trip and every
    33  HAIL vehicle trip that originates in the city  is  subject  to  the  tax
    34  imposed  by  this  article.    This  presumption shall prevail until the
    35  contrary is proven, and the burden of proving the contrary shall  be  on
    36  the person liable for tax.

    37    §  16.  Section 1283 of the tax law, as amended by section 5 of part V
    38  of chapter 57 of the laws of 2010, is amended to read as follows:
    39    § 1283. Liability for tax;  special  provisions.  Notwithstanding  any
    40  provision of law to the contrary: (a) The taxicab owner or HAIL base, as
    41  the case may be, shall be liable for the tax imposed by this article.
    42    (b) If the taxicab owner has designated an agent, then the agent shall
    43  be  jointly liable with the taxicab owner for the tax on trips occurring
    44  during the period that such designation is in effect.  Even if  the  TLC
    45  has specified that the taxicab owner's agent cannot operate as an agent,
    46  that  agent  shall be jointly liable with the taxicab owner if the agent

    47  has acted for the taxicab owner. During the period that [an]  a  taxicab
    48  owner's  designation  of an agent is in effect, the agent shall file the
    49  returns required by this article and pay any tax due with  such  return,
    50  but the taxicab owner shall not be relieved of liability for tax, penal-
    51  ty  or  interest  due  under  this article, or for the filing of returns
    52  required to be filed, unless the agent has timely filed accurate returns
    53  and timely paid the tax required to be paid under this article. If  [an]
    54  a taxicab owner has designated an agent, then the agent must perform any
    55  act  this  article  requires  [an] the taxicab owner to perform, but the
    56  failure of such agent to perform any such  act  shall  not  relieve  the


        A. 8691--A                         10
 
     1  taxicab  owner  from  the  obligation  to  perform  such act or from any
     2  liability that may arise from failure to perform the act.
     3    [(b)]  (c) (1) Although the tax is imposed on the taxicab owner or the
     4  HAIL base, the city or the TLC shall adopt or amend ordinances or  regu-
     5  lations  to  ensure  that  the  economic  incidence of the tax is passed
     6  through to passengers, such as by increasing  taxicab  or  HAIL  vehicle
     7  trip  fares.  The  passing  along  of such economic incidence may not be
     8  construed by any court or administrative body as imposing the tax on any
     9  person other than the taxicab owner or the HAIL base. The  city  or  the
    10  TLC  must  adjust  trip fares to include therein the pass-through of the

    11  economic incidence of the tax imposed by this article, as  the  rate  of
    12  such  tax may from time to time change, and must timely require that any
    13  taximeter in a taxicab or HAIL vehicle used to provide trips that origi-
    14  nate in the city be adjusted to include the pass-through.
    15    (2) A taxicab owner or a HAIL base or HAIL vehicle owner in such  city
    16  must  timely  adjust  the  taximeter in any of such person's taxicabs or
    17  HAIL vehicles so that it reflects such pass-through as such pass-through
    18  amount may from time to time change.
    19    (3) Neither the failure of such city or the TLC to  adjust  fares  nor
    20  the  failure of a taxicab owner, HAIL base, HAIL vehicle owner, or other
    21  person to adjust a taximeter will relieve any person liable for the  tax
    22  imposed  by  this article from the obligation to pay such tax timely, at

    23  the correct rate.
    24    § 17. Section 1283 of the tax law, as amended by  section  sixteen  of
    25  this act, is amended by adding a new subdivision (d) to read as follows:
    26    (d) Nothing in this article shall be construed as limiting the imposi-
    27  tion  of  any  tax  imposed  by  article twenty-eight of this chapter on
    28  transportation service provided by a HAIL base, HAIL vehicle,  or  owner
    29  or  operator  of  a  HAIL vehicle. Nor shall anything in article twenty-
    30  eight of this chapter be construed as limiting the imposition of any tax
    31  imposed by this article on a HAIL vehicle trip or as limiting the  obli-
    32  gation on a HAIL base to pay such tax.
    33    §  18.  Subdivision  (a) of section 1286 of the tax law, as amended by
    34  section 8 of part V of chapter 57 of the laws of  2010,  is  amended  to

    35  read as follows:
    36    (a)  Every  person  liable  for  any tax imposed by this article shall
    37  keep:
    38    (1) records of every taxicab or HAIL vehicle trip originating  in  the
    39  city  and  of  all  amounts  paid, charged or due thereon and of the tax
    40  payable thereon, in such form as the commissioner may require;
    41    (2) a true and complete copy of every contract, agreement, or arrange-
    42  ment concerning the lease, rental, or license to use a taxicab for which
    43  the person is required to remit the tax on trips imposed by this article
    44  on such person;
    45    (3) a true and complete copy of every contract, agreement, or arrange-
    46  ment concerning the appointment of an agent;
    47    (4) a true and complete copy of every contract, agreement, or arrange-
    48  ment concerning the affiliation of a HAIL vehicle or of a  HAIL  vehicle

    49  owner or driver with a HAIL base;
    50    (5) true and complete copies of any records required to be kept by the
    51  TLC; and
    52    [(5)]  (6)  such other records and information as the commissioner may
    53  require to perform his or her duties under this article.
    54    § 19. Subdivision (b) of section 1286 of the  tax  law  is  relettered
    55  subdivision (c) and a new subdivision (b) is added to read as follows:

        A. 8691--A                         11
 
     1    (b)  Every  person that has contracted with the city or TLC to provide
     2  services to the city, to the TLC, or to persons  liable  for  tax  under
     3  this  article  relating to taximeters, to administering taximeters or to
     4  information obtained from taximeters and every person that the  TLC  has

     5  authorized  to  obtain  or  possess  information generated by taximeters
     6  shall keep true and complete copies of all meter information.
     7    § 20. Subdivision (b) of section 1287 of the tax law,  as  amended  by
     8  section  9  of  part  V of chapter 57 of the laws of 2010, is amended to
     9  read as follows:
    10    (b) Notwithstanding the provisions of subdivision (a) of this section,
    11  the commissioner may, in his or her discretion, permit the proper  offi-
    12  cer  of  the city or the duly authorized representative of such officer,
    13  to inspect any return filed under this article, or may furnish  to  such
    14  officer  or  such officer's authorized representative an abstract of any
    15  such return or supply such person with information  concerning  an  item
    16  contained  in  any such return, or disclosed by any investigation of tax

    17  liability under this article; but such permission shall  be  granted  or
    18  such  information  furnished  only  if  the  city  or the TLC shall have
    19  furnished the commissioner with all information requested by the commis-
    20  sioner pursuant to this article and shall have permitted the commission-
    21  er  or  the  commissioner's  authorized  representative  to   make   any
    22  inspection  of  any  records  or  reports  concerning  taxicabs, taxicab
    23  owners, [and] agents, HAIL vehicles, HAIL vehicle owners, and HAIL bases
    24  filed with or possessed by such city or the TLC which  the  commissioner
    25  may  have  requested from such city or the TLC.  Provided, further, that
    26  the commissioner may disclose to the city or the TLC whether  or  not  a
    27  person  liable  for  the tax imposed by this article has paid all of the
    28  tax due under this article as of any given date.

    29    § 21. Section 1289 of the tax law, as amended by section 10 of part  V
    30  of chapter 57 of the laws of 2010, is amended to read as follows:
    31    § 1289. Cooperation by city. The city and the TLC shall cooperate with
    32  and  assist  the commissioner to effect the purposes of this article and
    33  the commissioner's responsibilities under this article. Such cooperation
    34  shall include the city or TLC obtaining, furnishing  [the],  and  timely
    35  updating  current,  complete and accurate names, addresses and all other
    36  information concerning every (1) taxicab owner, operator, and driver  of
    37  taxicabs  in  the  city,  [and  concerning  every] (2) agent and vehicle
    38  owner, and (3) HAIL base, HAIL vehicle owner, HAIL vehicle,  and  driver

    39  of  a  HAIL  vehicle,  and  the trip records and other records of any of
    40  them, in the city's possession or in the possession of any of its  agen-
    41  cies  [or],  instrumentalities, agents, contractors, or any other person
    42  the TLC has authorized or required to obtain or possess such records  or
    43  information,  together  with  any  other  information  the  commissioner
    44  requests, all in a format  prescribed  by,  and  without  cost  to,  the
    45  commissioner. The TLC shall also furnish, or cause to be furnished, in a
    46  format prescribed by the commissioner, any records or information in the
    47  possession  of  the TLC, any agent or contractor of the city or the TLC,
    48  or any other person the TLC has authorized  or  required  to  obtain  or

    49  possess  such  records or information, concerning the persons liable for
    50  the tax imposed by this article, including, among other things, detailed
    51  trip record information. Such cooperation shall  also  include  the  TLC
    52  assigning  identifying  numbers  and  other  identifying indicia to HAIL
    53  bases, HAIL vehicle owners, HAIL vehicles, and drivers of HAIL  vehicles
    54  in  a  format prescribed by the commissioner, so as to facilitate filing
    55  returns, paying tax, and performing other tasks required  to  administer
    56  the tax imposed by this article.

        A. 8691--A                         12
 
     1    §  22. Section 1115 of the tax law is amended by adding a new subdivi-
     2  sion (hh) to read as follows:

     3    (hh)  Receipts from the sale of transportation service consisting of a
     4  HAIL vehicle trip, as the term "HAIL vehicle trip" is defined in article
     5  twenty-nine-A of this chapter, shall be exempt from the tax  imposed  by
     6  paragraph  ten of subdivision (c) of section eleven hundred five of this
     7  article, if such trip originates in a city of  a  million  or  more  and
     8  terminates  anywhere  within the territorial boundaries of the metropol-
     9  itan commuter transportation district and is subject to the tax on  HAIL
    10  vehicle trips imposed by such article twenty-nine-A.
    11    §  23. Enforcement of penalties and collection of fees.  Notwithstand-
    12  ing the provisions of any other law to the contrary, the New York  state
    13  police  may  enforce  any laws, rules or regulations related to vehicles

    14  with HAIL licenses and the Port Authority police department may  enforce
    15  any laws, rules or regulations related to vehicles with HAIL licenses at
    16  facilities  owned  or  leased  by the Port Authority of New York and New
    17  Jersey.  The commission or tribunal that  adjudicates  liability  for  a
    18  violation relating to HAIL vehicles, for-hire vehicles and vehicles that
    19  operate  as  a  vehicle licensed by the New York City taxi and limousine
    20  commission shall pay the money owed and collected  to  the  entity  that
    21  issued the summons for the violation.
    22    §  24. Subdivision 4 of section 1220-b of the vehicle and traffic law,
    23  as amended by chapter 481 of the laws of 2009, is  amended  to  read  as
    24  follows:
    25    4.  Any  person  who  engages  in  the unlawful solicitation of ground
    26  transportation services at an airport shall  be  guilty  of  a  class  B

    27  misdemeanor  punishable  by a fine of not less than [five hundred] seven
    28  hundred fifty dollars nor more than  one  thousand  [two]  five  hundred
    29  [fifty]  dollars,  or by imprisonment of not more than ninety days or by
    30  both such fine and imprisonment.  Notwithstanding any contrary provision
    31  of law, any charge alleging a violation of this section shall be return-
    32  able before a court having jurisdiction over misdemeanors.
    33    § 25. Section 19-506 of the administrative code of  the  city  of  New
    34  York  is  amended  by  adding  two  new  subdivisions k and l to read as
    35  follows:
    36    k. No driver of any vehicle with a valid HAIL license shall  accept  a
    37  passenger  by  street  hail  within the city of New York from a location

    38  where street hails by such vehicles are not permitted.
    39    (i) A violation of this subdivision shall be punishable by a  fine  of
    40  five hundred dollars for the first violation. A violation of this subdi-
    41  vision shall be punishable by a fine of seven hundred fifty dollars when
    42  a  driver  has  been convicted of a violation of this subdivision within
    43  the immediately preceding twenty-four months. A violation of this subdi-
    44  vision shall result in revocation of the driver's license issued  pursu-
    45  ant  to  paragraphs  (i) and (iii) of subdivision a of section 19-505 of
    46  this chapter when such violation is committed by a driver who has previ-
    47  ously been convicted of two violations of this section within the  imme-
    48  diately preceding one hundred twenty months.

    49    (ii)  A finding that a driver has committed a violation of this subdi-
    50  vision shall be evidence that the owner or  operator  holding  the  HAIL
    51  license  with respect to the vehicle in which such violation was commit-
    52  ted failed to make a reasonable good faith effort to deter  the  commis-
    53  sion  of such violation. A driver's third conviction of this subdivision
    54  within one hundred twenty months shall result in revocation  of  a  HAIL
    55  license  if  each such violation occurred in a vehicle subject to a HAIL
    56  license held by such owner or operator of  one  or  more  of  such  HAIL

        A. 8691--A                         13
 
     1  licenses.  The  New York city taxi and limousine commission or successor

     2  agency shall advise such owner or operator holding the HAIL  license  of
     3  his  or  her potential liability pursuant to this section upon a finding
     4  that a violation of paragraph (i) of this subdivision was committed in a
     5  vehicle with a valid HAIL license.
     6    l.  A  person  is  guilty of unlawful fleeing a New York city taxi and
     7  limousine enforcement officer or police officer when, knowing that he or
     8  she has been directed to remain stopped by a  New  York  city  taxi  and
     9  limousine enforcement officer or police officer, the driver of a vehicle
    10  operating  pursuant  to a HAIL license who is stopped in a zone where he
    11  or she is not permitted to pick up street hails thereafter  attempts  to

    12  flee  such  officer  by setting the vehicle in motion and either travels
    13  over three hundred feet without stopping or engages in  conduct  consti-
    14  tuting  reckless  driving as defined in section twelve hundred twelve of
    15  the vehicle and traffic law. Unlawful fleeing a New York city  taxi  and
    16  limousine enforcement officer or police officer is a misdemeanor punish-
    17  able  by  a  fine  of not less than seven hundred fifty dollars nor more
    18  than one thousand dollars, or by imprisonment of not  more  than  ninety
    19  days or by both such fine and imprisonment. Notwithstanding any contrary
    20  provision  of  law,  any charge alleging a violation of this subdivision
    21  shall be returnable before a court having  jurisdiction  over  misdemea-
    22  nors.

    23    § 26.  Paragraphs 1, 2 and 4 of subdivision h of section 19-506 of the
    24  administrative  code  of  the  city  of  New York, as added by local law
    25  number 90 of the city of New York for the year 1989 and such subdivision
    26  as relettered by local law number 13 of the city of  New  York  for  the
    27  year 1992, is amended to read as follows:
    28    (1) Any officer or employee of the commission designated by the chair-
    29  person  of  the  commission and any police officer may seize any vehicle
    30  which he or she has probable cause to believe is operated or offered  to
    31  be operated without an appropriate vehicle license for such operation in
    32  violation  of  subdivision  b  [or],  c or k of this section. Therefore,
    33  either the commission or an administrative tribunal of the commission at
    34  a proceeding commenced in accordance with subdivision e of this section,

    35  or the criminal court, as provided  in  this  section,  shall  determine
    36  whether  a  vehicle  seized pursuant to this subdivision was operated or
    37  offered to be operated in violation  of  either  such  subdivision.  The
    38  commission shall have the power to promulgate regulations concerning the
    39  seizure  and release of vehicles and may provide in such regulations for
    40  reasonable fees for the removal and storage of such vehicles. Unless the
    41  charge of violating subdivision b [or],  c  or  k  of  this  section  is
    42  dismissed,  no  vehicle  seized  pursuant  to  this subdivision shall be
    43  released until all fees for removal and storage and the applicable  fine
    44  or  civil penalty have been paid or a bond has been posted in a form and
    45  amount satisfactory to the commission, except as is  otherwise  provided

    46  for  vehicles  subject  to  forfeiture pursuant to paragraph two of this
    47  subdivision.
    48    (2) In addition to any other penalties provided in  this  section,  if
    49  the  owner  is  convicted  in  the criminal court of, or found liable in
    50  accordance with subdivision e of this section for, a violation of either
    51  subdivision b [or], c or k of this section three or more times, and  all
    52  of such violations were committed on or after the effective date of this
    53  section and within a thirty-six month period, the interest of such owner
    54  in  any  vehicle  used in the commission of any such third or subsequent
    55  violation shall be subject to forfeiture upon notice and judicial deter-
    56  mination.  Notice of the institution of the forfeiture proceeding  shall

        A. 8691--A                         14
 

     1  be  in  accordance  with  the  provisions  of the civil practice law and
     2  rules.
     3    (4) Notwithstanding the provisions of paragraph three of this subdivi-
     4  sion,  establishment  of a right of ownership shall not entitle a person
     5  to delivery of a vehicle if  the  city  establishes  in  the  forfeiture
     6  proceeding  or  in  a  separate  administrative  adjudication of a claim
     7  asserted pursuant to subparagraph [C] (C) of  paragraph  three  of  this
     8  subdivision  that  the  violations of subdivision b [or], c or k of this
     9  section upon which  the  forfeiture  is  predicated  were  expressly  or
    10  impliedly  permitted  by such person. The commission or successor agency
    11  shall promulgate rules and regulations setting forth the  procedure  for
    12  such an administrative adjudication, which shall include provision for a

    13  hearing.
    14    §  27.  Section 19-512.1 of the administrative code of the city of New
    15  York, as added by local law number 20 of the city of New  York  for  the
    16  year  1999  and  subdivision  a as amended by local law number 16 of the
    17  city of New York for the year 2008, is amended to read as follows:
    18    §  19-512.1  Revocation  of  taxicab,  for-hire  or  HAIL  license  or
    19  licenses.  a.  The  commission  or  successor agency may, for good cause
    20  shown relating to a direct and substantial threat to the  public  health
    21  or  safety  and prior to giving notice and an opportunity for a hearing,
    22  suspend a taxicab [or], for-hire  vehicle  license  or  a  HAIL  license
    23  issued pursuant to this chapter and, after notice and an opportunity for
    24  a  hearing,  suspend or revoke such license. The commission or successor

    25  agency may also, without having suspended a taxicab [or], for-hire vehi-
    26  cle license or a HAIL license, issue a determination to seek  suspension
    27  or  revocation of such license and after notice and an opportunity for a
    28  hearing, suspend or revoke such license.  Notice of such  suspension  or
    29  of a determination by the commission or successor agency to seek suspen-
    30  sion or revocation of a taxicab [or], for-hire vehicle license or a HAIL
    31  license  shall  be  served  on  the  licensee by personal delivery or by
    32  certified and regular mail within five calendar days of the  pre-hearing
    33  suspension or of such determination. The licensee shall have an opportu-
    34  nity to request a hearing before an administrative tribunal of competent

    35  jurisdiction  within ten calendar days after receipt of any such notifi-
    36  cation. Upon request such hearing shall be scheduled within ten calendar
    37  days, unless the commission or successor agency or other  administrative
    38  tribunal of competent jurisdiction determines that such hearing would be
    39  prejudicial  to an ongoing criminal or civil investigation. If the tenth
    40  day falls on a Saturday, Sunday or holiday, the hearing may be  held  on
    41  the next business day. A decision shall be made with respect to any such
    42  proceeding within sixty calendar days after the close of the hearing. In
    43  the event such decision is not made within that time period, the license
    44  or medallion which is the subject of the proceeding shall be returned by
    45  the  commission  or successor agency to the licensee and deemed to be in
    46  full force and effect until  such  determination  is  made,  unless  the

    47  commission  or  successor  agency  or  other  administrative tribunal of
    48  competent jurisdiction determines that the  issuance  of  such  determi-
    49  nation  would  be  prejudicial  to an ongoing criminal or civil investi-
    50  gation.
    51    b. It shall be an affirmative defense that the holder of  the  taxicab
    52  [or],  for-hire  vehicle  license  or a HAIL license or the owner of the
    53  taxicab [or], for-hire vehicle or HAIL vehicle  has  (1)  exercised  due
    54  diligence  in the inspection, management and/or operation of the taxicab
    55  [or], for-hire vehicle or HAIL vehicle and (2)  did  not  know  or  have
    56  reason  to  know  of  the  acts of any other person with respect to that

        A. 8691--A                         15
 

     1  taxicab [or] license, for-hire vehicle license  or  a  HAIL  license  or
     2  taxicab  [or], for-hire vehicle or HAIL vehicle upon which a suspension,
     3  proposed suspension or proposed revocation is based.   With  respect  to
     4  any violation arising from taximeter tampering, an owner's due diligence
     5  shall  include, but not be limited to, those actions set forth in subdi-
     6  vision h of section 19-507.1 of this chapter.   Any pre-hearing  suspen-
     7  sion  period  shall be counted towards any suspension period made in any
     8  final determination.
     9    § 28. Subdivision a of section 19-507 of the  administrative  code  of
    10  the  city  of New York, as amended by local law number 88 of the city of
    11  New York for the year 1989, is amended to read as follows:

    12    a. The commission or  successor  agency  shall  fine  any  driver,  or
    13  suspend  or  revoke  the  driver's license of any driver, as provided in
    14  subdivision b of this section, who shall have been found in violation of
    15  any of the following:
    16    1. No driver of a taxicab shall seek to ascertain, without justifiable
    17  grounds, the destination of a passenger before such passenger  shall  be
    18  seated in the vehicle.
    19    2.  No  driver of a taxicab shall refuse, without justifiable grounds,
    20  to take any passenger or prospective passenger to any destination within
    21  the city.
    22    3. No driver of a vehicle the fares of which are set by the commission
    23  or successor agency shall charge or attempt to charge a fare  above  the
    24  fare set by the commission or successor agency.

    25    4.  No  driver  of a for-hire vehicle, other than a driver operating a
    26  for-hire vehicle with a valid  HAIL  license,  shall  accept  passengers
    27  unless  the  passengers  have engaged the use of the for-hire vehicle on
    28  the basis of telephone contract or prearrangement.
    29    § 29. Subdivision a of section 19-516 of the  administrative  code  of
    30  the  city of New York, as amended by local law number 115 of the city of
    31  New York for the year 1993, is amended to read as follows:
    32    a. For-hire vehicles that do not possess  a  valid  HAIL  license  may
    33  accept passengers only on the basis of telephone contract or prearrange-
    34  ment. The commission or successor agency may establish such disciplinary
    35  actions  as  it deems appropriate for failure to abide by the provisions
    36  of this chapter.

    37    § 30. If any of the provisions of chapter 602  of  the  laws  of  2011
    38  relating  to  livery permits in the city of New York shall conflict with
    39  provisions of this act, the provisions  set  forth  in  this  act  shall
    40  control.
    41    §  31. This act shall take effect immediately; provided, however, that
    42  sections two and three of this act shall take effect on  the  same  date
    43  and  in  the  same manner as chapter 602 of the laws of 2011 relating to
    44  livery permits in the city  of  New  York,  took  effect,  and  provided
    45  further  that  sections twelve through twenty-two of this act shall take
    46  effect February 15, 2012, but only if the commissioner of  taxation  and
    47  finance  has received written notice by January 15, 2012, sent by certi-
    48  fied or registered mail to the office of the  commissioner  of  taxation
    49  and finance in Albany, from the chair/commissioner or counsel of the New

    50  York  city taxi and limousine commission (TLC) or successor agency that,
    51  effective February 15, 2012, the TLC has authorized for-hire vehicles to
    52  operate as HAIL vehicles to accept hails  in  the  street,  or,  if  the
    53  commissioner  of  taxation  and  finance  has  not received such notice,
    54  mailed in accordance with this section, from the TLC or successor agency
    55  by January 15, 2012, then sections twelve through twenty-two of this act
    56  shall take effect on the first day of the first month next commencing at

        A. 8691--A                         16
 
     1  least 20 days  after  the  commissioner  of  taxation  and  finance  has
     2  received  written  notice,  sent  by certified or registered mail to the
     3  office of the commissioner of taxation and finance in Albany,  from  the
     4  chair/commissioner  or  counsel  of the TLC or successor agency that the

     5  TLC or successor agency has authorized for-hire vehicles to  operate  as
     6  HAIL  vehicles  to accept hails in the street; provided that the commis-
     7  sioner of taxation and finance shall notify the legislative bill  draft-
     8  ing   commission   upon   receipt   of  written  notification  from  the
     9  chair/commissioner or counsel of the TLC or successor  agency  that  the
    10  TLC  or  successor  agency has authorized for-hire vehicles permitted as
    11  HAIL vehicles to accept hails on the street in order that  the  legisla-
    12  tive  bill  drafting commission may maintain an accurate and timely data
    13  base of the official text of the laws of the state of New York in furth-
    14  erance of effecting the provisions of section 44 of the legislative  law
    15  and section 70-b of the public officers law; and sections twelve through
    16  twenty-two  of this act shall apply to HAIL vehicle trips originating on

    17  or after such effective date of such sections twelve through twenty-two.
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