ยง 498. Interjurisdictional pre-arranged for-hire vehicle operation. 1.
Definitions: When used in this section, the following terms shall have
the following meanings:
a. "Driver's license" shall mean a license issued by the department
pursuant to article nineteen of this chapter or by a similar regulatory
agency of another state.
b. "Licensing jurisdiction" shall mean a city with a population of one
million or more, or a county within New York state contiguous to such
city, the county of Suffolk, the county of Rockland or the county of
Dutchess or the county of Ulster, that requires the issuance of a
license, permit, registration, certification or other approval for a
vehicle to perform the pre-arranged pick up or drop off of one or more
passengers in such jurisdiction for compensation.
c. "Pre-arranged for-hire vehicle" shall mean a motor vehicle, other
than a bus, that is used in the business of transporting passengers for
compensation on a pre-arranged basis, and operated in such business
under a license or permit issued by a licensing jurisdiction. The term
"pre-arranged for-hire vehicle" shall apply to vehicles as defined
herein regardless of any other provision of local law or rule defining
or describing such vehicles by any other terms such as livery, black
car, or luxury limousine.
d. "Pre-arranged for-hire vehicle license" shall mean a license,
permit, registration, certification or other approval issued by a
licensing jurisdiction to the owner of a pre-arranged for-hire vehicle
for the purpose of providing pre-arranged transportation for
compensation.
e. "Pre-arranged for-hire vehicle driver's license" shall mean a
license, permit or other approval to operate a pre-arranged for-hire
vehicle issued by a licensing jurisdiction.
f. "Serious criminal offense" shall mean a conviction of (i) a felony
involving the use of a motor vehicle except a felony as described in
subparagraph (ii) of this paragraph; (ii) a felony involving
manufacturing, distributing or dispensing a drug as defined in section
one hundred fourteen-a of this chapter or possession of any such drug
with intent to manufacture, distribute or dispense such drug in which a
motor vehicle was used; (iii) a violation of subdivision one or two of
section six hundred of this chapter; (iv) operating a pre-arranged
for-hire vehicle when, as a result of prior violations committed while
operating a pre-arranged for-hire vehicle, the driver's license is
revoked, suspended, or canceled; (v) causing a fatality through the
negligent operation of a pre-arranged for-hire vehicle, including but
not limited to the crimes of vehicular manslaughter or criminally
negligent homicide; (vi) homicide; and (vii) a felony for assault,
sexual offenses, kidnapping, or burglary.
2. Reciprocity. a. A pre-arranged for-hire vehicle that is licensed to
provide pre-arranged transportation for compensation by a licensing
jurisdiction meeting the standards and requirements set forth in
subdivisions three, four and six of this section shall be authorized to
pick up passengers in such jurisdiction for drop off within the same
jurisdiction, to pick up passengers in another licensing jurisdiction
for drop off within the licensing jurisdiction licensing such
pre-arranged for-hire vehicle, to drop off passengers in another
licensing jurisdiction who were picked up within the licensing
jurisdiction licensing such pre-arranged for-hire vehicle, and to
transit other licensing jurisdictions. No other licensing jurisdiction
may require a pre-arranged for-hire vehicle providing pre-arranged
transportation for compensation, which is licensed by a licensing
jurisdiction meeting the standards and requirements set forth in
subdivisions three, four and six of this section, to also be licensed by
such other licensing jurisdiction or to pay any pre-arranged for-hire
vehicle license fee in order to be allowed to pick up or drop off
passengers within or to transit such jurisdiction. A licensing
jurisdiction meeting the standards and requirements set forth in
subdivisions three, four and six of this section shall provide written
confirmation thereof to other licensing jurisdictions, containing
information sufficient to establish that such licensing jurisdiction
meets all such standards and requirements, and which shall be verifiable
by such other licensing jurisdictions. Such written confirmation shall
be resubmitted to such other licensing jurisdictions every three years.
b. A pre-arranged for-hire vehicle licensed by a licensing
jurisdiction not meeting the standards and requirements set forth in
subdivisions three, four and six of this section shall be authorized to
pick up and/or drop off passengers in any other licensing jurisdiction
only (i) pursuant to the terms of a separate written agreement or
memorandum of understanding entered into between such licensing
jurisdictions or (ii) if the owner of such vehicle obtains a
pre-arranged for-hire vehicle license from such other licensing
jurisdiction.
c. Where pre-arranged transportation is provided by a pre-arranged
for-hire vehicle licensed by a licensing jurisdiction meeting the
standards and requirements set forth in subdivisions three, four and six
of this section and such transportation begins with the pick up or the
drop off of a passenger outside of such jurisdiction, such pre-arranged
for-hire vehicle shall be authorized to temporarily discharge and
subsequently pick up such passenger outside the licensing jurisdiction
during the course of such transportation, provided no
intra-jurisdictional transportation is provided at that time to any
other person who is not covered by the pre-arranged transportation
agreement.
3. Standards for pre-arranged for-hire vehicle transportation. A
licensing jurisdiction shall be deemed to comply with the provisions of
this subdivision if the following conditions are met:
a. The licensing jurisdiction requires the suspension of the
pre-arranged for-hire vehicle license of a pre-arranged for-hire vehicle
owner, or the pre-arranged for-hire vehicle driver's license of a
driver, against whom there is an outstanding judgment or an unpaid civil
penalty owed for a violation of this chapter relating to traffic in any
other licensing jurisdiction meeting the standards and requirements of
this subdivision and subdivisions four and six of this section, or a
violation of regulations promulgated by such other licensing
jurisdiction duplicating or incorporating by reference any of the
provisions of this chapter, until such judgment is satisfied or such
civil penalty is paid.
b. The licensing jurisdiction requires that each pre-arranged for-hire
vehicle it licenses shall display evidence of a current, valid
pre-arranged for-hire vehicle license affixed to the windshield in a
form and manner that may be further specified by the regulations of such
jurisdiction.
c. The licensing jurisdiction requires the owner of each pre-arranged
for-hire vehicle it licenses to maintain, for purposes of insurance or
other financial security, coverage in a specified amount per person,
payable for those expenses specified in paragraphs one, two and three of
subsection (a) of section five thousand one hundred two of the insurance
law, and coverage in specified amounts of minimum and maximum liability
for bodily injury and death, as said terms are defined in subdivision
one of section three hundred seventy of this chapter.
d. The licensing jurisdiction requires (i) each pre-arranged for-hire
vehicle it licenses to be inspected no less frequently than every twelve
months by an official inspection station licensed pursuant to section
three hundred three of this chapter, or, if the pre-arranged for-hire
vehicle is registered in another state, by the agency responsible for
vehicle registration and inspection in that state, and (ii) each
pre-arranged for-hire vehicle to display a valid inspection sticker
indicating the date of the last inspection and/or the expiration date,
if such stickers are issued by the state of registration.
e. The licensing jurisdiction provides, by means of a dedicated
telephone line or read-only access to an electronic database, the
following information to other jurisdictions meeting the standards and
requirements set forth in this subdivision and subdivisions four and six
of this section: the name of the holder of a pre-arranged for-hire
vehicle license; the vehicle identification number of a licensed
pre-arranged for-hire vehicle; the date first licensed; the date such
licenses were most recently renewed; and all violations issued to each
licensee and the disposition of each such violation. Such information
obtained by a licensing jurisdiction from other licensing jurisdictions
shall be used solely for the enforcement of laws and regulations
applicable to the provision of transportation for compensation on a
pre-arranged basis.
f. The licensing jurisdiction requires that a pre-arranged for-hire
vehicle be driven only by the holder of a driver's license which is
valid to operate such motor vehicle in this state.
g. The licensing jurisdiction requires that a pre-arranged for-hire
vehicle be driven only by the holder of a pre-arranged for-hire vehicle
driver's license.
h. The licensing jurisdiction requires that a pre-arranged for-hire
vehicle driver display his or her pre-arranged for-hire vehicle driver's
license in such vehicle in a manner clearly visible to passengers or
have such license readily available to produce upon the request of a
passenger or law enforcement personnel.
i. The licensing jurisdiction requires that a record of each
interjurisdictional trip be entered prior to the commencement of such
trip in a log maintained and kept readily accessible in the vehicle in a
form and manner prescribed by the licensing jurisdiction and produced at
the request of any police officer or peace officer acting pursuant to
his or her special duties or other enforcement personnel authorized by
such jurisdiction. Such record shall be kept for a period of no less
than one year after such trip. Failure to produce such a log maintained
in the manner prescribed by such jurisdiction when requested by a police
officer or other enforcement personnel shall be presumptive evidence of
illegal interjurisdictional operation.
j. The licensing jurisdiction requires that the owner of each motor
vehicle licensed as a pre-arranged for-hire vehicle hold a valid vehicle
registration for such vehicle issued by the department for which a
registration fee has been paid pursuant to schedule C of subdivision
seven of section four hundred one of this title, or, in the case of a
non-resident of this state, a vehicle registration issued by the state
of residence.
k. No owner of a vehicle licensed as a pre-arranged for-hire vehicle
by a licensing jurisdiction meeting the standards and requirements of
this subdivision and subdivisions four and six of this section or any
person or business engaged in the for-hire transportation of passengers
by motor vehicle that is affiliated with such licensee shall do business
within any jurisdiction in which it seeks to operate on an
interjurisdictional basis. "Do business" shall mean having a place of
business or telephone number in such jurisdiction relating to for-hire
transportation of passengers by motor vehicle.
4. Standards for drivers of pre-arranged for-hire vehicles. A
licensing jurisdiction shall be deemed to comply with the provisions of
this subdivision if it requires the following as conditions of licensure
of pre-arranged for-hire vehicle drivers:
a. The pre-arranged for-hire vehicle driver is fingerprinted and his
or her criminal history obtained from the department of criminal justice
services.
b. The licensing jurisdiction adopts criteria pursuant to which an
applicant for a new or renewal pre-arranged for-hire vehicle driver's
license shall be denied, and a pre-arranged for-hire vehicle driver's
license shall be suspended or revoked, upon conviction of the applicant
or licensee for a serious criminal offense, subject to applicable laws,
including, but not limited to, article twenty-three-A of the correction
law.
c. The licensing jurisdiction provides by regulation for the
continuing review of the driving record of every pre-arranged for-hire
vehicle driver licensed by such jurisdiction, as reflected in the number
and type of convictions accumulated on the driver's license issued to
such driver. Such regulation shall provide for the mandatory suspension
for a thirty-day period of a pre-arranged for-hire vehicle driver's
license upon the accumulation of a specified number and type of
conviction on such person's driver's license within a fifteen-month
period, and the mandatory revocation of a pre-arranged for-hire vehicle
driver's license upon the accumulation of an additional number of
convictions of a specified number and type on such person's driver's
license within a fifteen-month period.
d. The licensing jurisdiction requires that an applicant for a
pre-arranged for-hire vehicle driver's license submit to drug testing,
and that licensed pre-arranged for-hire vehicle drivers be required to
submit to additional drug testing upon each application for renewal of
such person's pre-arranged for-hire vehicle driver's license, and
additional drug testing such that each licensee shall submit to such
drug testing no less often than once each year; and that any applicant
who tests positive for drugs or intoxicating liquors shall be denied a
pre-arranged for-hire vehicle driver's license, and the pre-arranged
for-hire vehicle driver's license of any licensee who tests positive for
drugs or intoxicating liquors shall be revoked after notice and an
opportunity to be heard. Such drug test shall be administered by a
person or entity holding the requisite permit from the New York state
department of health. Individual test results and any related medical
information about such applicant or licensee shall be confidential,
shall not be disclosed except to the applicant or licensee or his or her
representative, and shall not be entered or received as evidence at any
civil, criminal or administrative trial, hearing or proceeding other
than an administrative trial, hearing or proceeding for the denial or
revocation of the pre-arranged for-hire vehicle driver's license as set
forth in this paragraph. No person, other than an applicant or licensee
who is the subject of such records to whom such records are disclosed,
may redisclose such records.
e. The licensing jurisdiction requires that every individual applying
for a pre-arranged for-hire vehicle driver's license must submit proof
of completion of a state-approved defensive driving course no more than
six months prior to the date of application. The licensing jurisdiction
shall further require that any individual renewing a pre-arranged
for-hire vehicle driver's license must submit proof of completion of a
state-approved defensive driving course no more than three years prior
to the date of the renewal application.
5. On-street inspections. The enforcement authorities of a licensing
jurisdiction meeting the standards and requirements set forth in
subdivisions three, four and six of this section may conduct on-street
inspections of all vehicles operating as pre-arranged for-hire vehicles
within such jurisdiction. A pre-arranged for-hire vehicle owner may be
ordered by such licensing jurisdiction to repair or replace such vehicle
where it appears that it no longer meets the reasonable standards for
safe operation prescribed by regulations of such jurisdiction. Upon
failure of the pre-arranged for-hire vehicle owner to comply with such
an order within ten days after service thereof, the recognition of such
owner's pre-arranged for-hire vehicle license shall be suspended by the
licensing jurisdiction. Provided, however, that this subdivision shall
not impair such authority to conduct on-street inspections of
pre-arranged for-hire vehicles as may otherwise exist.
6. Notification. A licensing jurisdiction meeting the standards and
requirements set forth in this subdivision and subdivisions three and
four of this section shall, upon both the issuance and disposition of a
summons issued in such jurisdiction to a pre-arranged for-hire vehicle
licensed in another jurisdiction, notify such other jurisdiction of such
issuance and disposition.