New York State Law

Vehicle and Traffic Law

Consolidated Laws of New York's VTL code

  Search VTL Laws

Article 44B - NY Vehicle and Traffic Law

TRANSPORTATION NETWORK COMPANY SERVICES

Section Description
1691Definitions.
1692General provisions.
1693Financial responsibility of transportation network companies.
1694Disclosures.
1695Insurance provisions.
1696Driver and vehicle requirements.
1697Maintenance of records.
1698Audit procedures; confidentiality of records.
1699Criminal history background check of transportation network company drivers.
1700Controlling authority.
  S 1691. Definitions. As  used  in  this article: 1. "Transportation
  network company vehicle" or "TNC vehicle" means a vehicle that is:
    (a) used by a transportation network company driver to provide  a  TNC
  prearranged trip originating within the state of New York; and
    (b)   owned,   leased   or   otherwise   authorized  for  use  by  the
  transportation network company driver;
    (c) such term shall not include:
    (i) a taxicab, as defined in section one hundred forty-eight-a of this
  chapter and section 19-502 of the administrative code of the city of New
  York, or as otherwise defined in local law;
    (ii) a livery vehicle, as defined in section one hundred  twenty-one-e
  of this chapter, or as otherwise defined in local law;
    (iii)  a  black  car,  limousine,  or  luxury limousine, as defined in
  section 19-502 of the administrative code of the city of New York, or as
  otherwise defined in local law;
    (iv)  a  for-hire  vehicle,  as  defined  in  section  19-502  of  the
  administrative  code of the city of New York, or as otherwise defined in
  local law;
    (v) a bus, as defined in section one hundred four of this chapter;
    (vi) any motor vehicle weighing more than six  thousand  five  hundred
  pounds unloaded;
    (vii)  any  motor vehicle having a seating capacity of more than seven
  passengers; and
    (viii) any motor vehicle subject to section three hundred  seventy  of
  this chapter.
    2.  "Digital  network" means any system or service offered or utilized
  by a transportation network company that enables TNC  prearranged  trips
  with transportation network company drivers.
    3.   "Transportation   network  company"  or  "TNC"  means  a  person,
  corporation, partnership, sole proprietorship, or other entity  that  is
  licensed  pursuant  to  this  article and is operating in New York state
  exclusively using a digital network to  connect  transportation  network
  company passengers to transportation network company drivers who provide
  TNC prearranged trips.
    4.  "Transportation  network  company driver" or "TNC driver" means an
  individual who:
    (a) Receives connections to potential passengers and related  services
  from  a  transportation network company in exchange for payment of a fee
  to the transportation network company; and
    (b) Uses a TNC vehicle to offer or provide a TNC prearranged  trip  to
  transportation  network  company  passengers  upon  connection through a
  digital network  controlled  by  a  transportation  network  company  in
  exchange for compensation or payment of a fee.
    5.  "Transportation  network company passenger" or "passenger" means a
  person or persons who use a  transportation  network  company's  digital
  network  to  connect  with  a  transportation network company driver who
  provides TNC prearranged trips to  the  passenger  in  the  TNC  vehicle
  between points chosen by the passenger.
    6.  (a)  "TNC  prearranged  trip"  or  "trip"  means  the provision of
  transportation by a transportation network company driver to a passenger
  provided through the use of a TNC's digital network:
    (i) beginning when a transportation network company driver  accepts  a
  passenger's request for a trip through a digital network controlled by a
  transportation network company;
    (ii)  continuing  while  the  transportation  network  company  driver
  transports the requesting passenger in a TNC vehicle; and
    (iii) ending when the last requesting passenger departs from  the  TNC
  vehicle.
    (b)  The  term  "TNC prearranged trip" does not include transportation
  provided through any of the following:
    (i) shared expense carpool or vanpool arrangements, including those as
  defined in section one hundred fifty-eight-b of this chapter; and
    (ii)  use  of  a  taxicab, livery, luxury limousine, or other for-hire
  vehicle,  as  defined  in  this   chapter,   section   19-502   of   the
  administrative  code of the city of New York, or as otherwise defined in
  local law.
    7. "Group policy" means an insurance policy issued pursuant to section
  three thousand four hundred fifty-five of the insurance law.

   S 1692. General  provisions.  1.  A TNC or a TNC driver shall not be
  deemed a common carrier, as defined in subdivision six of section two of
  the transportation law;  a  contract  carrier  of  passengers  by  motor
  vehicle,   as  defined  in  subdivision  nine  of  section  two  of  the
  transportation law; or  a  motor  carrier,  as  defined  in  subdivision
  seventeen  of section two of the transportation law. Neither a TNC nor a
  TNC driver shall be  deemed  to  provide  taxicab  or  for-hire  vehicle
  service while operating as a TNC or TNC driver pursuant to this article.
  Moreover, a TNC driver shall not be required to register the TNC vehicle
  such  TNC  driver  uses  for  TNC  prearranged  trips as a commercial or
  for-hire vehicle, as set forth in article fourteen of this chapter.
    2. (a) A TNC may not operate in the state of New  York  without  first
  having  obtained a license issued by the department in a form and manner
  and with applicable fees as provided for by regulations  promulgated  by
  the  commissioner. As a condition of obtaining a license, a TNC shall be
  required to submit to the department proof  of  a  group  policy  issued
  pursuant  to  section  three  thousand  four  hundred  fifty-five of the
  insurance law. Failure of a TNC to comply with the  provisions  of  this
  article  may  result in applicable penalties, which may include, but are
  not  limited  to  fines,  suspension  or  revocation  of  license  or  a
  combination  thereof  as  otherwise provided by law. No license shall be
  suspended or revoked  except  upon  notice  to  the  TNC  and  after  an
  opportunity to be heard.
    (b) Failure of a TNC to obtain a license before operation, pursuant to
  this subdivision shall constitute a misdemeanor.
    3. A TNC must maintain an agent for service of process in the state of
  New York.
    4. On behalf of a TNC driver, a TNC may charge a fare for the services
  rendered  to  passengers;  provided  that, if a fare is collected from a
  passenger, the TNC shall disclose to such passenger the fare within  the
  TNC's  digital  network.  The  TNC shall also provide passengers, before
  such passengers enter a TNC vehicle, the actual  fare  or  an  estimated
  fare  for  such  TNC prearranged trip through the TNC's digital network.
  The TNC shall also post the fair calculation method on its website.
    5. A TNC's digital network shall display a picture of the TNC  driver,
  and  provide  the make, model, color and license plate number of the TNC
  vehicle utilized for providing  the  TNC  prearranged  trip  before  the
  passenger enters the TNC vehicle.
    6.  Within  a  reasonable period of time following the completion of a
  trip, a TNC shall transmit an electronic receipt  to  the  passenger  on
  behalf of the TNC driver that lists:
    (a) The origin and destination of the trip;
    (b) The total time and distance of the trip;
    (c) An itemization of the total fare paid, if any;
    (d)  A  separate  statement  of  the  applicable  assessment  fee  and
  surcharge; and
    (e) The TNC name and operating license number.
    7. A TNC driver shall not solicit or accept street hails.
    8. A TNC shall adopt a policy prohibiting solicitation  or  acceptance
  of cash payments for the fares charged to passengers for TNC prearranged
  trips  and  notify  TNC  drivers  of  such policy. TNC drivers shall not
  solicit or accept cash payments from passengers.
    9. A TNC shall prevent a TNC driver  from  accepting  TNC  prearranged
  trips  within  a  city  of  a  population of one million or more and any
  county or city that has enacted a local law  or  ordinance  pursuant  to
  section  one hundred eighty-two of the general municipal law and has not
  repealed such local law or ordinance, except where the acceptance  of  a
  prearranged  trip  is  authorized  pursuant  to  an existing reciprocity
  agreement.
    10. Nothing in this article shall apply to cities with a population of
  one million or more.

   S 1693. Financial responsibility of transportation network companies.
  1. A TNC driver, or TNC on the  TNC  driver's  behalf  through  a  group
  policy,  shall  maintain  insurance that recognizes that the driver is a
  TNC driver and provides financial responsibility coverage:
    (a) while the TNC driver is logged onto the TNC's digital network; and
    (b) while the TNC driver is engaged in a TNC prearranged trip.
    2. (a) The following  automobile  financial  responsibility  insurance
  requirements  shall  apply  while  a TNC driver is logged onto the TNC's
  digital network but is not engaged in a TNC prearranged trip:  insurance
  against  loss  from  the liability imposed by law for damages, including
  damages for care and loss of services, because of bodily  injury  to  or
  death  of  any  person, and injury to or destruction of property arising
  out of the ownership,  maintenance,  use  or  operation  of  a  personal
  vehicle or vehicles within this state, or elsewhere in the United States
  in  North  America  or Canada, subject to a limit, exclusive of interest
  and  costs,  with  respect  to  each  such  occurrence,  of   at   least
  seventy-five  thousand  dollars  because of bodily injury to or death of
  one person in any one accident  and,  subject  to  said  limit  for  one
  person,  to  a  limit  of  at  least  one hundred fifty thousand dollars
  because of bodily injury to or death of two or more persons in  any  one
  accident,  and  to  a  limit  of  at  least twenty-five thousand dollars
  because of injury to or destruction of property of  others  in  any  one
  accident,  provided  however,  that such policy need not be for a period
  coterminous  with  the  registration  period  of  the  personal  vehicle
  insured,  and  coverage  in satisfaction of the financial responsibility
  requirements set forth in section three thousand four hundred twenty  of
  the  insurance  law,  article  fifty-one  of the insurance law, and such
  other requirements or regulations that may apply  for  the  purposes  of
  satisfying the financial responsibility requirements with respect to the
  use or operation of a motor vehicle.
    (b) The coverage requirements of paragraph (a) of this subdivision may
  be satisfied by any of the following:
    (i) insurance maintained by the TNC driver; or
    (ii)  insurance provided through a group policy maintained by the TNC;
  or
    (iii) a combination of subparagraphs (i) and (ii) of this paragraph.
    3. (a) The following  automobile  financial  responsibility  insurance
  requirements  shall  apply  while  a  TNC  driver  is  engaged  in a TNC
  prearranged trip: insurance against loss from the liability  imposed  by
  law  for  damages,  including  damages  for  care  and loss of services,
  because of bodily injury to or death of any person,  and  injury  to  or
  destruction  of property arising out of the ownership, maintenance, use,
  or operation of a specific personal  vehicle  or  vehicles  within  this
  state,  or  elsewhere  in  the United States in North America or Canada,
  subject to a limit, exclusive of interest and  costs,  with  respect  to
  each such occurrence, of at least one million two hundred fifty thousand
  dollars  because  of bodily injury to or death of any person, and injury
  to or destruction of property provided however, that  such  policy  need
  not  be  for  a  period  coterminous with the registration period of the
  personal vehicle insured, and coverage in satisfaction of the  financial
  responsibility  requirements  set  forth  in section three thousand four
  hundred twenty of the insurance law, article fifty-one of the  insurance
  law;  coverage  provided  in  accordance  with subsection (f) of section
  three thousand four hundred  twenty  of  the  insurance  law,  providing
  supplementary   uninsured/underinsured  motorist  insurance  for  bodily
  injury, in the amount of one million two hundred fifty thousand  dollars
  because  of bodily injury to or death of any person in any one accident;
  and such other requirements  or  regulations  that  may  apply  for  the
  purposes  of  satisfying  the financial responsibility requirements with
  respect to the use or operation of a motor vehicle.
    (b) The coverage requirements of paragraph (a) of this subdivision may
  be satisfied by any of the following:
    (i) insurance maintained by the TNC driver; or
    (ii)  insurance provided through a group policy maintained by the TNC;
  or
    (iii) a combination of subparagraphs (i) and (ii) of this paragraph.
    4. A TNC shall, upon entering into a contractual agreement with a  TNC
  driver,  provide  notice  to  the  TNC  driver  that  he or she may need
  additional insurance coverage including motor  vehicle  physical  damage
  coverage as described in paragraph nineteen of subsection (a) of section
  one  thousand  one  hundred  thirteen  of  the  insurance law if the TNC
  vehicle being used by the TNC driver is subject to a lease  or  loan.  A
  TNC shall also post this notice on its website in a prominent place, and
  provide contact information for the department of financial services.
    5.  If  insurance  maintained by a TNC driver pursuant to subdivisions
  two and three of this  section  has  lapsed  or  does  not  provide  the
  required  coverage,  then  the  group  policy  maintained by a TNC shall
  provide the coverage required by this section beginning with  the  first
  dollar of a claim and have the duty to defend such claim.
    6.  Coverage  under  a group policy maintained by the TNC shall not be
  dependent on the denial of a  claim  by  the  insurer  that  issued  the
  insurance  policy  used  to  register  the  TNC  vehicle, nor shall that
  insurer be required to first deny a claim.
    7. (a) Except as provided in paragraph  (b)  of  this  subdivision,  a
  group  policy  maintained  by  a  TNC  pursuant  to subparagraph (ii) of
  paragraph (b) of subdivisions two or three  of  this  section  shall  be
  placed with an insurer authorized to write insurance in this state.
    (b)  If  a  TNC  is  unable  to  purchase  a  group policy pursuant to
  subparagraph (ii) of paragraph (b) of subdivisions two or three of  this
  section  because  such insurance is unavailable from authorized insurers
  the TNC may acquire such group insurance  with  an  excess  line  broker
  pursuant  to  section two thousand one hundred eighteen of the insurance
  law.
    (c) The obligation to determine whether the insurance required by this
  section is unavailable from insurers authorized to  write  insurance  in
  this  state  shall  be  made  prior to the initial placement and at each
  renewal of a policy.
    8. A TNC driver who, while operating a TNC vehicle was  logged  on  to
  the  TNC's  digital network but not engaged in a TNC prearranged trip or
  was engaged in a TNC prearranged trip, and has in effect  the  insurance
  required  pursuant  to  this  article,  shall  not  be  deemed  to be in
  violation of article six of this chapter during such time that he or she
  was logged on to the TNC's digital network but  not  engaged  in  a  TNC
  prearranged trip or was engaged in a TNC prearranged trip.
    9.  A TNC driver shall carry proof of coverage satisfying subdivisions
  two and three of this section with him or her at all times during his or
  her use or operation of a TNC vehicle in connection with a TNC's digital
  network.  Such  proof  of  coverage  shall  be  in  such  form  as   the
  commissioner  shall  prescribe, which may be in the form of an insurance
  identification card as defined in section three hundred eleven  of  this
  chapter.  Any  insurance  identification  card  issued  pursuant  to the
  provisions of this  article  shall  be  in  addition  to  the  insurance
  identification  card  required  pursuant to article six of this chapter,
  and nothing contained in this article shall be deemed to  supersede  the
  requirements  of  such  article  six.  Whenever  the  production  of  an
  insurance identification card is required by law, a TNC driver shall (a)
  produce the insurance identification card issued pursuant to article six
  of this chapter and, (b) if such driver (i) was logged  onto  the  TNC's
  digital  network  but  not engaged in a TNC prearranged trip or (ii) was
  engaged  in  a  TNC prearranged trip, such driver shall also produce the
  insurance identification card required pursuant to this article.
    10. The superintendent of financial services is  authorized  to  issue
  such rules and regulations necessary to implement this section.
    11.   The   superintendent   of   financial  services  may  promulgate
  regulations to address insurance coverage under this section and section
  sixteen hundred ninety-five of this  article  when  a  TNC  driver  uses
  multiple digital networks simultaneously.
    12.  Nothing  in  this  section  shall impose financial responsibility
  requirements upon any entities operating as vehicles for hire in a  city
  with a population of one million or more.
    13.  An  insurer shall not include a mandatory arbitration clause in a
  policy  issued  pursuant  to  this  section.  Nothing  in  this  section
  supercedes  the  mandatory arbitration requirements contained in section
  five thousand one hundred five of the insurance law.

   S 1694. Disclosures.  A TNC shall disclose in writing to TNC drivers
  the following before they are allowed to accept  a  request  for  a  TNC
  prearranged trip on the TNC's digital network:
    1.  The  insurance  coverage,  including the types of coverage and the
  limits for each coverage, that the TNC provides  while  the  TNC  driver
  uses a TNC vehicle in connection with a TNC's digital network;
    2.  That  the  TNC  driver's own automobile insurance policy might not
  provide any coverage while the TNC driver is  logged  on  to  the  TNC's
  digital  network  or  is engaged in a TNC prearranged trip, depending on
  its terms; and
    3. That, if a TNC vehicle has a lien against it,  then  the  continued
  use  of  such  TNC  vehicle  by  its  TNC driver without physical damage
  coverage may violate the terms of the contract with the lienholder.

  S 1695. Insurance  provisions.  1. Insurers that write motor vehicle
  insurance in this state may, in the insurance policy,  exclude  any  and
  all coverage afforded under the policy issued to an owner or operator of
  a  TNC  vehicle for any loss or injury that occurs while a TNC driver is
  logged on to a TNC's digital network or while a driver  provides  a  TNC
  prearranged trip, including:
    (a) liability coverage for bodily injury and property damage;
    (b)  coverage  provided pursuant to article fifty-one of the insurance
  law;
    (c) uninsured motorist coverage;
    (d) supplementary uninsured/underinsured motorist coverage; and
    (e) motor vehicle physical damage coverage as described  in  paragraph
  nineteen  of subsection (a) of section one thousand one hundred thirteen
  of the insurance law.
    2. Such exclusions shall apply notwithstanding any  requirement  under
  the  law  to  the  contrary. Nothing in this section implies or requires
  that an owner's policy of liability insurance  or  other  motor  vehicle
  insurance  policy  provide coverage while the TNC driver is logged on to
  the TNC's digital network, while the TNC driver  is  engaged  in  a  TNC
  prearranged  trip  or  while the TNC driver otherwise uses or operates a
  TNC vehicle to transport passengers for compensation.
    3. Nothing shall be deemed  to  preclude  an  insurer  from  providing
  primary,  excess, or umbrella coverage for the TNC driver's TNC vehicle,
  if it chose to do so by contract or endorsement.
    4. Motor vehicle insurers that exclude the coverage described in  this
  article  shall  have  no duty to defend or indemnify any claim expressly
  excluded  thereunder.  Nothing  in  this  article  shall  be  deemed  to
  invalidate  or  limit  an  exclusion contained in a policy including any
  policy in use or approved for use in this state prior to  the  effective
  date of this section.
    5. A motor vehicle insurer that defends or indemnifies a claim against
  a TNC driver that is excluded under the terms of its policy shall have a
  right  of contribution against other insurers that provide motor vehicle
  insurance  to  the  same  driver  in  satisfaction   of   the   coverage
  requirements of the provisions of this article.
    6. In a claims coverage investigation, a TNC and any insurer providing
  coverage under this article shall, within fifteen days after a claim has
  been  filed,  facilitate  the  exchange  of  relevant  information  with
  directly  involved  parties  and  any  insurer  of  the  TNC  driver  if
  applicable,  including the precise times that a TNC driver logged on and
  off of the TNC's digital network in the twelve hour  period  immediately
  preceding  and  in  the  twelve  hour  period  immediately following the
  accident and  disclose  to  one  another  a  clear  description  of  the
  coverage,  exclusions  and  limits  provided  under  any  motor  vehicle
  insurance maintained under this article.
    7. The superintendent of financial services may promulgate such  rules
  and  regulations  that  the superintendent deems necessary to facilitate
  the sharing of  information  between  insurers,  when  a  motor  vehicle
  accident  occurs and at least one of the insurers is providing financial
  responsibility coverage to a TNC vehicle pursuant to this article.
    8.  The  commissioner  shall  provide  relevant   insurance   coverage
  information  required  by  this  article  to  the following persons upon
  request:
    (a) a person to whom an accident report pertains or who  is  named  in
  such report, or his or her authorized representative; and
    (b)  any  other person or his or her authorized representative who has
  demonstrated to the satisfaction of the commissioner that such person is
  or may be a party to a civil action arising out of the conduct described
  in such accident report.

  S 1696. Driver  and  vehicle  requirements.  1. (a) At all times, an
  individual acting as a TNC driver shall  be  permitted  by  the  TNC  as
  follows:
    (i) The individual shall submit an application to the TNC, which shall
  include information regarding his or her address, age, driver's license,
  motor  vehicle  registration,  automobile liability insurance, and other
  information required by the TNC;
    (ii) The TNC shall conduct, or have a third party conduct, a  criminal
  background  check  for each applicant in accordance with section sixteen
  hundred ninety-nine of this article and that shall  review  whether  the
  applicant:
    (A)  is listed on the New York state sex offender registry pursuant to
  article six-C of the correction law; and
    (B) is a match in the United States Department of Justice National Sex
  Offender Public Website;
    (iii) The TNC shall obtain and review, or have a  third  party  obtain
  and review, a driving history research report for such individual.
    (b) The TNC shall not permit an applicant where such applicant:
    (i)  fails  to  meet  all  qualifications  pursuant to section sixteen
  hundred ninety-nine of this article;
    (ii) is a match in the United States Department  of  Justice  National
  Sex Offender Public Website;
    (iii) is listed on the sex offender registry pursuant to article six-C
  of the correction law;
    (iv) does not possess a valid New York driver's license;
    (v) does not possess proof of registration for the motor vehicles used
  to provide TNC prearranged trips;
    (vi)  does not possess proof of automobile liability insurance for the
  motor vehicles used to provide TNC prearranged trips as a  TNC  vehicle;
  or
    (vii) is not at least nineteen years of age.
    (c)  Upon  review  of all information received and retained by the TNC
  and upon verifying that the individual is not disqualified  pursuant  to
  this  section  from receiving a TNC driver permit, a TNC may issue a TNC
  driver permit to the applicant. The TNC  shall  review  all  information
  received  relating  to  such applicant and hold such information for six
  years along with  a  certification  that  such  applicant  qualifies  to
  receive a TNC driver permit.
    (d)  (i)  A  TNC  that  issues  a TNC driver's permit pursuant to this
  section shall participate in the New  York  License  Event  Notification
  Service  (LENS)  established  by  the department to obtain timely notice
  when any of the following violations are added to a TNC driver's driving
  record:
    (A) unlawfully  fleeing  a  police  officer  in  a  motor  vehicle  in
  violation of sections 270.25, 270.30 or 270.35 of the penal law;
    (B)  reckless driving in violation of section one thousand two hundred
  twelve of this chapter;
    (C) operating while license or privilege is suspended  or  revoked  in
  violation  of  section  five  hundred  eleven of this chapter, excluding
  subdivision seven of such section;
    (D) operating a motor vehicle under the influence of alcohol or  drugs
  in  violation  of  section  one  thousand one hundred ninety-two of this
  chapter; and
    (E) leaving the scene of an incident without reporting in violation of
  subdivision two of section six hundred of this chapter.
    (ii) The department may promulgate regulations authorizing  additional
  LENS notifications as the commissioner deems necessary to protect public
  health and safety.
    (iii)  Upon  such notice, a TNC may suspend or revoke any TNC driver's
  permit and  revoke  access  to  the  TNC  digital  network,  only  after
  considering  the  number  or  severity of any such violations, including
  such factors as required by this article for  obtaining  a  TNC  permit,
  when  necessary to protect public health and safety. If, however, such a
  notice provides that an applicant has been convicted of a  disqualifying
  crime  pursuant  to  section sixteen hundred ninety-nine of this article
  such TNC driver's access  to  the  TNC  digital  network  and  such  TNC
  driver's  permit  shall  both  immediately be suspended or revoked. Upon
  such revocation or suspension pursuant to this section,  the  TNC  shall
  provide  the  driver  with  a  copy of the LENS record used to make such
  determination.
    (e) No person shall operate a TNC vehicle or operate as a  TNC  driver
  unless  such  person  holds a valid TNC driver permit issued pursuant to
  this  section.  A  violation  of  this  paragraph  shall  be  a  traffic
  infraction  punishable  by a fine of not less than seventy-five nor more
  than three hundred dollars, or by imprisonment for not more than fifteen
  days, or by both such fine and imprisonment.
    (f) The names and identifying  information  of  TNC  drivers  provided
  pursuant  to  paragraph  (d)  of  this  subdivision  shall be considered
  information,  which  if  disclosed,  would  constitute  an   unwarranted
  invasion  of personal privacy under the provisions of article six of the
  public officers law.
    2. A TNC shall implement  a  zero-tolerance  policy  regarding  a  TNC
  driver's  activities  while  accessing  the  TNC's digital network. Such
  policy shall  address  the  issue  of  operating  a  vehicle  under  the
  influence  of  alcohol  or  drugs  while  a  TNC driver is providing TNC
  prearranged trips or is logged onto the TNC's digital network but is not
  providing TNC prearranged trips, and the TNC  shall  provide  notice  of
  this  policy  on  its digital network, as well as procedures to report a
  complaint about a TNC driver  with  whom  a  TNC  prearranged  trip  was
  commenced  and  whom  the  passenger reasonably suspects was operating a
  vehicle under the influence of alcohol or drugs during the course of the
  TNC prearranged trip.
    3. (a) A TNC shall adopt a policy of non-discrimination on  the  basis
  of destination, race, color, national origin, religious belief, practice
  or  affiliation,  sex,  disability,  age, sexual orientation, or genetic
  predisposition with respect to passengers and potential  passengers  and
  notify TNC drivers of such policy.
    (b)  TNC  drivers  shall  comply  with  all  applicable laws regarding
  non-discrimination against passengers or  potential  passengers  on  the
  basis  of  destination,  race, color, national origin, religious belief,
  practice or affiliation, sex, disability, age,  sexual  orientation,  or
  genetic   predisposition   with  respect  to  passengers  and  potential
  passengers and notify TNC drivers of such policy.
    (c) TNC drivers shall comply with  all  applicable  laws  relating  to
  accommodation of service animals.
    (d)  A  TNC  shall  implement  and  maintain a policy and an oversight
  process of providing accessibility to passengers or potential passengers
  with a disability and accommodation of service animals as such  term  is
  defined  in  section  one  hundred twenty-three-b of the agriculture and
  markets  law  and  shall  to  the  extent  practicable  adopt   findings
  established  by  the New York state TNC accessibility task force adopted
  pursuant to section twenty-one  of  the  chapter  of  the  laws  of  two
  thousand  seventeen  that  added  this  section.  A TNC shall not impose
  additional charges for  providing  services  to  persons  with  physical
  disabilities because of those disabilities.
    (e) The New York state division of human rights shall be authorized to
  accept,  review  and  investigate  any potential or actual violations of
  this subdivision in a form and manner consistent  with  authority  under
  article  fifteen  of  the executive law and shall notify the department,
  upon a finding of a violation, for purposes of permit suspension.
    4.  A  TNC  shall  require  that  any or all motor vehicles that a TNC
  driver will use as a TNC vehicle to provide TNC prearranged trips  meets
  applicable  New York state vehicle safety and emissions requirements, as
  set forth in section three hundred one of this chapter, or  the  vehicle
  safety  and  emissions requirements of the state in which the vehicle is
  registered.
    5. The department shall promulgate regulations to ensure that each TNC
  vehicle is easily identified as such and that the TNC for which the  TNC
  driver  is  providing  the  TNC  service  or  TNC  prearranged  trip  is
  distinguishable. Such marking shall be in such form as  is  approved  by
  the  commissioner,  and  shall be attached, affixed or displayed in such
  manner as he or she may prescribe by regulation.

  S 1697. Maintenance  of  records. A TNC shall maintain the following
  records:
    1. individual trip records for at least six years from the  date  each
  trip was provided; and
    2.  individual  records  of  TNC  drivers  at least until the six year
  anniversary of the date on which a TNC driver's  relationship  with  the
  TNC has ended.

  S 1698. Audit  procedures;  confidentiality  of  records. 1. For the
  purpose of verifying that a TNC is  in  compliance  with  the  licensing
  requirements  of  the department, the department shall reserve the right
  to audit a sample of records that the TNC is required to maintain,  upon
  request  by  the department that shall be fulfilled in no fewer than ten
  business days by the TNC. The sample shall be  chosen  randomly  by  the
  department  in  a manner agreeable to both parties. The audit shall take
  place at a mutually agreed  location  in  New  York  state.  Any  record
  furnished  to  the department may exclude information that would tend to
  identify specific drivers or passengers.
    2. The names and identifying  information  of  TNC  drivers  that  are
  received pursuant to this section shall be considered information which,
  if  disclosed,  would  constitute  an  unwarranted  invasion of personal
  privacy under the provisions of article six of the public officers law.
    3. The department  shall  establish  regulations  for  the  filing  of
  complaints against any TNC driver or TNC pursuant to this section.

   S 1699. Criminal  history background check of transportation network
  company drivers. 1. A TNC shall conduct, or have a third party  conduct,
  a  criminal  history  background check using a lawful method approved by
  the department pursuant to paragraph (a)  of  subdivision  two  of  this
  section for persons applying to drive for such company.
    2.  (a) The method used to conduct a criminal history background check
  pursuant to subdivision one of this  section  shall  be  established  in
  regulations  adopted  by  the  department  within  thirty  days  of  the
  effective date of this subdivision. To ensure safety of  the  passengers
  and  the  public  such  regulations  shall  establish the method used to
  conduct  such  background  checks  and  any  processes  and   operations
  necessary  to  complete  such  checks.  The  review  of criminal history
  information and determinations about whether  or  not  an  applicant  is
  issued  a  TNC  driver permit shall be controlled by paragraphs (b), (c)
  and (d) of this subdivision.
    (b) An applicant shall be disqualified to receive a TNC driver  permit
  where he or she:
    (i)  stands  convicted  in the last three years of: unlawful fleeing a
  police officer in a motor  vehicle  in  violation  of  sections  270.35,
  270.30  or  270.25  of  the  penal law, reckless driving in violation of
  section twelve hundred twelve of this chapter, operating  while  license
  or  privilege  is  suspended  or  revoked  in  violation of section five
  hundred eleven of this chapter,  excluding  subdivision  seven  of  such
  section,  a misdemeanor offense of operating a motor vehicle while under
  the influence of alcohol or drugs in violation of section eleven hundred
  ninety-two of this chapter, or leaving  the  scene  of  an  accident  in
  violation  of subdivision two of section six hundred of this chapter. In
  calculating the three year period under this subparagraph, any period of
  time during which the person was incarcerated after  the  commission  of
  such  offense  shall  be  excluded  and  such three year period shall be
  extended by a period or periods equal to the time spent incarcerated;
    (ii) stands convicted in the last seven years  of:  a  felony  offense
  defined  in  article one hundred twenty-five of the penal law, a violent
  felony offense defined in section 70.02 of the  penal  law,  a  class  A
  felony  offense  defined  in  the penal law, a felony offense defined in
  section eleven hundred ninety-two of this chapter, or any conviction  of
  an offense in any other jurisdiction that has all the essential elements
  of an offense listed in this subparagraph. In calculating the seven year
  period  under  this  subparagraph,  any  period of time during which the
  person was incarcerated after the commission of such  offense  shall  be
  excluded  and  such  seven  year period shall be extended by a period or
  periods equal to the time spent incarcerated; or
    (iii) is required to register as a sex offender  pursuant  to  article
  six-C of the correction law.
    (c)  A  criminal  history  record  that  contains  criminal conviction
  information  that  does  not  disqualify  an   applicant   pursuant   to
  subparagraphs (i) or (ii) of paragraph (b) of this subdivision, shall be
  reviewed   and   considered  according  to  the  provisions  of  article
  twenty-three-A of  the  correction  law  and  subdivisions  fifteen  and
  sixteen  of  section  two  hundred  ninety-six  of  the executive law in
  determining whether or not the applicant should be issued a TNC driver's
  permit.
    (d) Upon receipt of criminal conviction information pursuant  to  this
  section  for  any  applicant,  such applicant shall promptly be provided
  with  a  copy  of  such  information  as  well  as  a  copy  of  article
  twenty-three-A  of  the  correction  law.  Such  applicant shall also be
  informed of his or  her  right  to  seek  correction  of  any  incorrect
  information  contained  in such criminal history information pursuant to
  the regulations and procedures established by the division  of  criminal
  justice services.
    (e)  The  department  shall  promulgate regulations for the purpose of
  implementing the provisions of this subdivision.
    3. A TNC shall update the criminal  history  background  check  yearly
  during  the  period  in  which the person is authorized to drive for the
  company, however, the commissioner may require, pursuant to  regulation,
  more frequent criminal history background checks.
    4.  To  ensure  safety of the passengers and the public a TNC shall be
  responsible for all fees associated  with  the  criminal  history  check
  pursuant to subdivision one of this section.
    5.  Any  TNC  found  to  have  violated  any  requirements established
  pursuant to this section, shall on the first instance, be subject  to  a
  civil  penalty of not more than ten thousand dollars. For any subsequent
  instance within the period of two years from any initial violation, such
  TNC shall be subject to a civil penalty of not more than fifty  thousand
  dollars, or the suspension or revocation of its TNC license or both.

   S 1700. Controlling authority. 1. Notwithstanding any other provision
  of law, the regulation of TNCs and TNC drivers is  governed  exclusively
  by  the  provisions of the chapter of the laws of two thousand seventeen
  which added this section and any rules promulgated by the state  through
  its  agencies  consistent  with  such  chapter. No county, town, city or
  village may enact a tax or any fee or other surcharge on a  TNC,  a  TNC
  driver,  or  a  TNC  vehicle  used by a TNC driver or require a license,
  permit, or additional insurance coverage or  any  other  limitations  or
  restrictions,  except  for  a prohibition on pick-up pursuant to section
  one hundred eighty-two of the general municipal law, for a  TNC,  a  TNC
  driver,  or  a  TNC  vehicle  used  by  a  TNC  driver,  where such fee,
  surcharge,  unauthorized  tax,  license,  permit,  insurance   coverage,
  limitation  or  restriction,  relates  to  facilitating or providing TNC
  prearranged trips, or subjects a TNC, a TNC driver,  or  a  TNC  vehicle
  used by a TNC driver to operational, or other requirements.
    2. Nothing in this article shall authorize any TNC driver to pick-up a
  passenger  for  purposes  of  a  TNC  prearranged  trip in a city with a
  population of one million or more or where a county or city has opted to
  prohibit the same pursuant to  authority  consistent  with  section  one
  hundred  eighty-two  of  the  general  municipal  law,  except where the
  acceptance of a prearranged trip is authorized pursuant to  an  existing
  reciprocity agreement.
    3.  Nothing  in this article shall: (a) limit the ability of a county,
  town, city or village to adopt or amend generally applicable limitations
  or  restrictions  relating  to  local  traffic  or  parking  control  as
  authorized  by  state  law;  or  (b) preempt any reciprocity agreements,
  including agreements entered  into  pursuant  to  section  four  hundred
  ninety-eight  of  this  chapter, between a county, town, city or village
  that relates to services regulated by section one hundred eighty-one  of
  the general municipal law.
    4.  Nothing in this article shall be construed to limit the ability of
  a municipality or other governing authority that  owns  or  operates  an
  airport  located  outside  of a city with a population of one million or
  more from adopting regulations and  entering  into  contracts  or  other
  agreements  relating  to  the  duties  and  responsibilities  on airport
  property of a transportation network  company,  which  may  include  the
  imposition  and  payment  of  reasonable  fees,  provided  that any such
  contracts, agreements, or regulations shall not impose  any  license  or
  other operational requirement on a transportation network company driver
  or  transportation  network company vehicle that is inconsistent with or
  additional to the requirements of this article.

Top of Page

Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
Title 1 | Title 2 | Title 3 | Title 4 |Title 5 | Title 6 |Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | 01 | 02 | 2A | 2B | 03 | 3A | 04 | 05 | 5A | 06 | 07 | 08 | 09 | 10 |11 | 12 | 12a | 12b | 12c | 13 | 14 | 14A | 14B | 15 | 15A | 16 | 17 | 17A | 17A* | 17B | 17C | 18 | 19 | 19A | 19B | 20 | 21 | 21A | 21B | 21C | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 34A | 34B | 34C | 35 | 36 | 37 | 38 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 44A | 45 | 46 | 47 | 48 | 48A | 48B | 48C | 49 | 50

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.