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Article 17B - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title IV ›
• Article 17B

S 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,  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.

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