* [As reads in the Official Compilation of the Rules of the City of New York.]
CHAPTER 2
TAXICAB DRIVERS RULES
§2-01 Definitions .................................................................................. 4
§2-02 Requirements for a Taxicab Driver's License to Operate a
Medallion Taxicab .................................................................... 7
§2-03 Driver License Applicant Training ....................................... 10
§2-04 Probationary Licenses ............................................................. 12
§2-05 License Fees .............................................................................. 13
§2-06 Administrative Fees ................................................................. 13
§2-07 Critical Driver Program ......................................................... 13
§2-08 Drivers of Accessible Taxicabs ............................................... 15
§2-09 [Reserved] ................................................................................. 15
§2-10 Term of a License .................................................................... 15
§2-11 Driver Continuing Education ................................................. 17
§2-12 Valid License Required ........................................................... 18
§2-13 Improper Use of a License ...................................................... 19
§2-14 License Must Be Safeguarded ................................................ 19
§2-15 License Must Be Readable ...................................................... 19
§2-16 Reporting Requirements ......................................................... 19
§2-17 Vehicle Must Be Licensed ....................................................... 20
§2-18 [Reserved] ................................................................................. 20
§2-19 Drug Testing of Licensed Taxicab Drivers ........................... 20
§2-20 Driving While Impaired .......................................................... 21
§2-21 Safe Driving and Traffic Accidents ....................................... 21
§2-22 [Reserved] ................................................................................. 22
§2-23 Driver's Shift ............................................................................ 23
§2-24 Authorized Drivers .................................................................. 23
§2-25 Driver's Shift Responsibilities ................................................ 23
§2-25.1 Additional penalties for use of a portable or hands-free
electronic device while operating a taxicab. ......................... 25
§2-26 Condition of Taxicab ............................................................... 25
§2-27 Items Which Must be Present in the Taxicab ....................... 27
§2-28 Trip Records ............................................................................ 28
* [As reads in the Official Compilation of the Rules of the City of New York.]
§2-29 [Reserved] ................................................................................. 29
§2-30 Taximeter Condition ............................................................... 29
§2-31 Tampering with Taximeter, Taximeter Technology System
and Rooflight Prohibited ........................................................ 30
§2-32 If Taximeter or Credit/Debit Card Acceptance Equipment Is
Defective During Shift ............................................................ 31
§2-33 Taximeter Operation ............................................................... 32
§2-34 Overcharges Prohibited .......................................................... 33
§2-35 Trips Beyond the City ............................................................. 34
§2-36 [Reserved] ................................................................................. 35
§2-37 [Reserved] ................................................................................. 35
§2-38 [Reserved] ................................................................................. 35
§2-39 Non-Paying Passengers ........................................................... 35
§2-40 [Reserved] ................................................................................. 36
§2-41 [Reserved] ................................................................................. 36
§2-42 Courteous ................................................................................. 36
§2-43 Seating....................................................................................... 36
§2-44 Luggage and Property ............................................................ 37
§2-45 Route and Method of Payment .............................................. 37
§2-46 Reasonable Requests ............................................................... 38
§2-47 Change ...................................................................................... 38
§2-48 [Reserved] ................................................................................. 39
§2-49 [Reserved] ................................................................................. 39
§2-50 Refusals ..................................................................................... 39
§2-51 [Reserved] ................................................................................. 41
§2-52 Off-Duty Procedure ................................................................. 41
§2-53 Accepting Passengers While Off-Duty .................................. 42
§2-54 Solicitation of Passengers ....................................................... 43
§2-55 Solicitation Prohibited ............................................................ 43
§2-56 Taxi Stands ............................................................................... 44
§2-57 Terminals .................................................................................. 44
§2-58 [Reserved] ................................................................................. 45
§2-59 Lost Property ........................................................................... 45
§2-60 Abuse and Physical Force Prohibited ................................... 45
§2-61 Compliance with Law ............................................................. 46
§2-62 Gifts Prohibited ....................................................................... 47
§2-63 Conviction of a Crime ............................................................. 47
§2-64 [Reserved]* ............................................................................... 47
§2-65 Merchandise Solicitation Prohibited ..................................... 47
* [As reads in the Official Compilation of the Rules of the City of New York.]
§2-66 Cooperating with TLC ............................................................ 47
§2-67 [Reserved] ................................................................................. 48
§2-68 [Reserved] ................................................................................. 49
§2-69 [Reserved] ................................................................................. 49
§2-70 Program for Persistent Violators of Taxicab Drivers Rules
(effective date, October 15, 1989) ............................................ 49
§2-71 [Reserved] ................................................................................. 53
§2-72 [Reserved] ................................................................................. 53
§2-73 [Reserved] ................................................................................. 53
§2-74 [Reserved] ................................................................................. 54
§2-75 [Reserved] ................................................................................. 54
§2-76 [Reserved] ................................................................................. 54
§2-77 [Reserved] ................................................................................. 54
§2-78 [Reserved] ................................................................................. 54
§2-79 [Reserved] ................................................................................. 54
§2-80 [Reserved] ................................................................................. 54
§2-81 [Reserved] ................................................................................. 54
§2-82 [Reserved] ................................................................................. 54
§2-83 [Reserved] ................................................................................. 54
§2-84 [Reserved] ................................................................................. 54
§2-85 [Reserved]* ............................................................................... 54
§2-86 Penalties for Violation of Rules Governing Taxicab Drivers
................................................................................................... 54
§2-87 Penalties Mandated by Local Law ........................................ 60
§2-88 Additional Penalties ................................................................ 61
Updated 1/29/10
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§ 2-01 Definitions.
Accessible taxicab. An “accessible taxicab” is a taxicab that complies with
section 3-03.2 of this title.
Applicant. An "applicant" is a person seeking a license from the Commission
to drive a taxicab in the City of New York.
Chauffeur's license. A "chauffeur's license" is a valid license of the State of
New York to operate a vehicle for hire or a valid license of similar class from
another state of which the licensee is a resident.
Commission. The "Commission" is the New York City Taxi and Limousine
Commission.
Driver. A "driver" is a person licensed to drive a medallion taxicab in the City
of New York.
Licensed vehicle. A “licensed vehicle” is a taxicab or coach authorized to
accept passengers for hire pursuant to these Rules and the Administrative Code
of the City of New York.
Mailing address of driver. The “mailing address of driver” is the address
designated by the driver for the mailing of all notices and correspondence from
the Commission and for service of summonses. However, a driver may also
designate a post office box number address as a mailing address.
Medallion. A "medallion" is the plate issued and affixed by the Commission
for displaying the license number of a taxicab on the outside of the vehicle.
MTA Tax. The “MTA Tax” is the 50-cent tax on taxicab trips that is imposed
by article 29-A of the New York State Tax Law.
Occupant classification system. An “occupant classification system” is a
device that is placed by the original equipment manufacturer within a vehicle
seat that detects whether a person is occupying the seat and detects the mass or
weight of that person, for purposes of deploying an airbag protecting a
passenger in that seat, in the event of a collision, with high force, low force, or
not at all.
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Passenger. A "passenger" is any individual who has hired or attempted to hire
a taxicab for travel to a destination.
Person with a Disability. A person with a disability is an individual with a
physical or mental impairment or incapacity, including a person who uses a
wheelchair, crutches, three-wheeled motorized scooter, other mobility aid, or a
service animal, but who can transfer from such a mobility aid to a taxicab with
or without reasonable assistance.
Portable or hands-free electronic device. A “portable or hands-free
electronic device” is any electronic device able to:
1. make a wireless telephone call
2. send or receive a text message
3. allow its user to speak on the telephone hands-free or operate a
device by voice command, even when otherwise allowed by New York
State law
4. act as a personal assistant (PDA)
5. send and or receive data from the internet or from a wireless network
6. act as a laptop computer or portable computer
7. receive or send pages
8. allow two-way communications between different people or parties
9. play electronic games
10. play music or video; or
11. make or display images; or
12. any combination of the above
This definition is to be liberally construed in light of its purpose to minimize
the distraction of drivers, and in recognition of the rapid development of
electronic technologies and proliferation of electronic devices that may be
made available in the future that similarly transfer digital images, sounds or
messages.
“Portable or hands-free electronic device” does not include: (1) any device the
use of which while driving is specifically authorized by TLC rules, or (2) the
use of a global positioning navigation system (“GPS”) which uses voice
functions to convey directions, so long as the driver is not inputting data unless
legally standing or parked and the GPS is not capable of being used as a cell
phone or other portable or hands-free electronic device.
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Rate card. A "rate card" is a card issued by the Commission for a taxicab
which displays the taxicab's license number, rates of fare and such other data as
the Commission may prescribe.
Renewal applicant. A "renewal applicant" is a person seeking to renew a
taxicab driver's license within the time period established by the Commission.
Service Animal. A service animal is a guide dog, signal dog or any other
animal trained specifically to work or to perform tasks for an individual with a
disability, including, but not limited to, guiding individuals with visual
impairments, alerting individuals with hearing impairments to intruders or
sounds, providing minimal protection or rescue work, pulling a wheelchair or
retrieving dropped items.
Side Airbag. A “side airbag” is an airbag located by the original equipment
manufacturer in a vehicle seat, and such airbag inflates between the seat
occupant and the door.
Taxicab. A "taxicab" is a motor vehicle licensed and approved by the
Commission to carry no more than five (5) passengers and authorized to accept
hails from persons in the street.
Taxicab technology service provider. A “taxicab technology service
provider” is a vendor who has contracted with the Commission to install and
maintain the taxicab technology system in taxicabs.
Taxicab technology system. The “taxicab technology system” is hardware
and software that provides the following four core services (collectively “four
core services”): (i) credit, debit and prepaid card payment required by section
3-03(e)(7) of this title, (ii) text messaging required by section 3-03(e)(8) of this
title, (iii) trip data collection and transmission required by section 3-06 of this
title, and (iv) data transmission with the passenger information monitor
required by section 3-07 of this title.
Taximeter. A "taximeter" is an instrument or device approved by the
Commission by which the charge to a passenger of a taxicab is automatically
calculated and on which such charge is plainly indicated.
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Taxpayer. “Taxpayer” is a person or entity who is liable under article 29-A of
the New York State Tax Law to pay the MTA Tax to the New York State
Department of Taxation and Finance.
Trip record: A "trip record" also known as a trip sheet or trip log, is the
written, computerized, automated and/or electronic accounting of a taxicab
ride. The trip data to be transmitted or recorded shall include the taxicab
license number (medallion number); the taxicab driver’s license number; the
location of trip initiation; the time of trip initiation; the number of passengers;
the location of trip termination; the time of trip termination; the itemized
metered fare for the trip (tolls, surcharge, and tip, if paid by credit or debit
card); the distance of the trip, the trip number, the method of payment, the total
number of passengers, as well as such other information as may be required by
the Commission. The electronic capture of required trip record data shall
commence no later than the compliance date set forth in section 1-01 of this
title. Trip record information shall be available to the TLC, the taxicab driver,
medallion owner, taxicab owner and/or leasing agent upon reasonable demand
based upon parameters set between the TLC and approved vendor(s). The trip
record shall be kept in an approved archived form for a minimum of three years
after the date of the taxicab ride.
Weapon. A weapon is any firearm (as defined in the New York State Penal
Law) for which a license has not been issued as provided in the New York
State Penal Law and the Administrative Code of the City of New York,
electronic dartgun, gravity knife, switchblade knife, cane sword, billy,
blackjack, bludgeon, metal knuckles, chuka stick, sandstick, slingshot, pilum
ballistic knife, sand bag, sand club, wrist brace type slingshot, shirken, kung fu
star, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or any other
instrument or thing whether real or simulated, and capable of inflicting or
threatening bodily harm, including but not limited to any other weapons, the
possession of which is prohibited pursuant to the New York State Penal Law.
§2-02 Requirements for a Taxicab Driver's
License to Operate a Medallion Taxicab.
(a) An applicant for a taxicab driver's license:
(1) must be at least 19 years of age;
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(2) if an applicant for an original license, must provide to the
Commission proof of identity in the form of
(A) A valid form of photo identification issued by the United
States, any state or territory thereof, or any political
subdivision of such state or territory; and
(B) A valid, original social security card;
(3) must be a holder of a valid New York State chauffeur's license, or
a holder of an equivalent class of valid license from another state
of which he or she is a resident and who provides the Commission
with an abstract of his or her driving record from that state. For
the purposes of these rules, a valid chauffeur’s license, or a license
of an equivalent class, shall mean a license, issued by the New
York State Department of Motor Vehicles or by the agency of
another state which issues such license, which is neither
probationary, suspended, revoked, conditional, nor restricted as to
use for violations of traffic laws or regulations;
(4) must be of sound physical condition as certified to by a physician
licensed to practice in New York State or in the state in which the
applicant resides, on forms provided by the Commission. If the
Commission has cause to believe that an applicant or driver has a
physical or mental impairment that renders him or her unfit for the
safe operation of a taxicab, it may direct the applicant or driver to
appear before a duly licensed physician designated by the
Commission, for an examination of his physical or mental
condition. Failure to appear as directed may lead to suspension or
revocation of an existing license;
(5) must not be addicted to the use of drugs or intoxicating liquors;
(6) must be able to speak, read, write and understand the English
language;
(7) must be of good moral character;
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(8) must be familiar with the geography, streets and traffic regulations
of the City of New York and the rules and regulations of the New
York City Taxi and Limousine Commission, as well as the Vehicle
and Traffic Law of the State of New York;
(9) must be the holder of a certificate of attendance for the required
hours of instruction in taxi related subjects at a school approved
by the Commission; and
(10) must be the holder of a certificate of completion for the required
hours of instruction in a defensive driving course from a school,
facility or agency authorized by the Commission and certified by
the New York State Department of Motor Vehicles. The course
must have been completed within six (6) months prior to the date
of application.
(b) An application for a taxicab driver's license must be signed by the
applicant and filed by him in person with the Commission, on the forms
provided by the Commission. An applicant for a taxicab operator's
license shall agree that service of any paper, notice, letter, summons,
complaint or legal process of any kind or nature may be made by the City
of New York, or any department thereof, upon the person to whom the
license is issued by leaving a copy of any such paper, notice, letter,
summons, complaint or legal process with any member of his or her
family or other person with whom he or she may reside at the address
listed in his or her application.
(c) An applicant is required to be fingerprinted and to pass all prescribed
tests, both oral and written, as administered by the Commission or at its
direction.
(d) Any member of the New York City Police Department, applying for a
taxicab driver's license, and satisfying all the requirements herein for
such a license, must present a letter from his commanding officer
approving such application.
(e) Any material falsification contained in an original or renewal application
for a license or any failure to notify the Commission of any material
change in the information contained therein, shall be cause for denial,
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suspension or revocation of such license, in addition to any other
sanctions imposed by the Commission.
(f) If at any time during the term of the taxicab driver's license the
Commission becomes aware of information that the driver no longer
meets the requirements for a taxicab driver's license, the Commission
may deny his renewal application or suspend or revoke his license.
(g) An applicant or renewal applicant or any person acting on his behalf
shall not offer or give any gift, gratuity or thing of value to any
employee, representative or member of the Commission, or any public
servant. An applicant or renewal applicant shall immediately report to
the Inspector General of the Commission any request or demand for any
gift, gratuity or thing of value by any employee, representative or
member of the Commission, or any public servant.
(h) If the Commission determines that the applicant has failed to meet the
requirements for a taxicab driver's license it will deny the license or its
renewal and specify in writing to the applicant the reason for such denial.
(i) An applicant for a taxicab driver’s license, other than an applicant who is
a City of New York Police Officer, shall be tested, at the applicant’s
expense, for drugs or controlled substances, as set forth in §3306 of the
Public Health Law. Such testing shall be performed by an individual or
entity designated by the Commission and possessing a requisite permit
issued by the New York State Department of Health. A positive test
shall result in the denial of a new application. Said determination shall
be a final agency decision. A renewal applicant must be tested for drugs
in accordance with §2-19(b) of this chapter.
§2-03 Driver License Applicant Training.
(a) Except as set forth in subdivision (c) and (d) of this section, all
applicants for a taxicab driver's license are required to attend and pass an
authorized course of training in taxi-related subjects. This course shall
contain eighty (80) hours of instruction. The course shall include, but
not be limited to, instruction on Commission rules and procedures,
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geography, map reading skills, driver/passenger relations and courtesy,
as well as any other material deemed appropriate or relevant by the
Commission. An applicant must successfully complete such course, and
pass an examination administered by the Commission on mandatory
subjects, as well as proficiency in the English language, as a prerequisite
to obtaining a taxicab driver's license.
(b) Providers of authorized training services must be approved by the
Commission and must administer the curriculum required by the
Commission as set forth in subdivision (a) or (c). The Commission must
also approve any and all charges to applicants by authorized providers of
training services.
(c) Applicants who are City of New York Police Officers shall be exempt
from the course requirement as set forth in subdivision (a). Such
applicants must pass an examination administered by the Commission as
a prerequisite to obtaining a taxicab driver’s license.
(d) Any applicant for a license under this chapter who previously held a
taxicab driver’s license pursuant to this chapter and who had previously
met the requirements of section 2-03(a) of this chapter shall not be
required to meet such requirements again and shall be deemed to have
fulfilled the pre-requisite to obtaining a taxicab driver’s license as
specified in section 2-03(a) of this chapter, provided that
(1) Such applicant’s prior taxicab driver’s license expired solely
because the applicant was not available to timely renew such license
because the applicant was on active military service, and not as a
result of any action taken or commenced by the Commission to
suspend, revoke, or otherwise terminate such license;
(2) Such applicant’s military service commenced prior to the expiration
date of his or her prior license and such applicant applies for a new
taxicab driver’s license under these rules within ninety (90) days of
completing active military service, and in no event later than three
(3) years following expiration of the prior license, and applicant
provides proof of the dates of active military service; and
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(3) Such applicant meets all other requirements for obtaining a new
taxicab driver’s license.
§2-04 Probationary Licenses.
(a) An applicant will be issued a probationary license valid for a period of
one year subsequent to the date the license was issued. The Commission
will evaluate the applicant at the conclusion of the one-year probationary
period, and will determine if renewal of the license is appropriate. In
making such determination, the Commission may consider the driving
record, any violation of the Taxicab Drivers Rules, or any other evidence
that suggests that the driver no longer meets all requirements for a
license.
(b) Issuance of a license following the probationary period will be
automatically barred or the Commission may revoke a probationary
license at any time if any of the following occurs during the probationary
period:
(1) The driver is convicted of a crime in any jurisdiction.
(2) The driver is convicted of driving while impaired by alcohol or
drugs.
(3) The driver is convicted of refusing to submit to a breathalyzer or
other chemical test.
(4) The driver is convicted of leaving the scene of an accident.
(5) The driver accumulates eight or more points against his New York
State Chauffeur’s License or a comparable license issued by his
State of residence, the total of which shall include points existing
on the driver’s State license prior to his or her application for a
license with the Commission.
(6) The driver is convicted of three or more moving violations.
(7) The driver is convicted of two speeding violations.
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(8) The driver accumulates four or more points in accordance with the
Commission’s persistent violator program described in Drivers
Rule 2-70.
(9) The driver is convicted of two or more violations of Drivers Rules
2-34(a), 2-34(b), 2-50(a), or 2-50(b).
(c) For purposes of subdivision (b) of this rule, the Commission will
consider the date of occurrence rather than the date of conviction when
determining if a violation occurred within the probationary period.
§2-05 License Fees.
(a) In accordance with §19-505(j) of the Administrative Code of the City of
New York, the fee for a taxicab driver's license shall be sixty dollars
($60) annually.
(b) The fee for an original license or a renewal thereof shall be paid at the
time of filing the applications and shall not be refunded in the event of
disapproval of the application.
(c) A driver shall submit an application for renewal of his or her driver's
license no later than the expiration date of the license. There shall be an
additional fee of twenty-five dollars ($25) for late filing of a license
renewal application where such filing is permitted by the Commission.
§2-06 Administrative Fees.
(a) An additional fee of twenty-five dollars ($25) shall be paid for each
license issued to replace a lost or mutilated license.
§2-07 Critical Driver Program.
(a) The taxicab driver’s license of any driver who, within a period of fifteen
months, accumulates six or more points against his license issued by the
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Department of Motor Vehicles or an equivalent license issued by the
driver’s state of residence, unless previously revoked, shall be suspended
for thirty days.
(b) The taxicab driver’s license of any driver who, within a period of fifteen
months, accumulates ten or more points against his license issued by the
Department of Motor Vehicles or an equivalent license issued by the
driver’s state of residence shall be revoked.
(c) The Commission may at any time review the fitness of a driver to be
licensed by the Commission in view of any moving violation, accident,
or other driving related incident. Nothing contained herein shall
preclude the imposition by the Commission of additional or more severe
penalties, or any other action deemed appropriate, in accordance with the
Rules of the Commission.
(d) For the purpose of this rule, the points assigned by the Department of
Motor Vehicles for any violation shall be deemed to have been
accumulated as of the date of occurrence of the violation.
(e) The relevant fifteen month period to be used for calculating any
suspension or revocation imposed under subsection (a) or (b) herein shall
be calculated from the date of the most recent occurrence which led to a
conviction of a violation carrying points; provided however, that no
action under subsection (a) or (b) shall be taken with regard to any
violation carrying points which occurred prior to February 15, 1999.
(f) For the purpose of calculating penalties pursuant to subsection (a) or (b),
herein, a driver who has accumulated points for multiple violations
arising from a single incident shall be deemed to have accumulated
points for the single violation with the highest point total.
(g) Any licensee who voluntarily attends and satisfactorily completes a
motor vehicle accident prevention course approved by the Department of
Motor Vehicles, and who furnishes the Commission with proof that the
course was completed on or before August 31, 1999, shall have two (2)
points deducted from the total number of points assessed for the purpose
of determining any suspension or revocation pursuant to this Rule. No
point reduction shall affect any suspension or revocation action which
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may be taken pursuant to these Rules prior to the completion of the
course; and no person shall receive a point reduction unless attendance at
the course is voluntary on the part of the licensee.
(h) Any licensee who voluntarily attends and satisfactorily completes a
motor vehicle accident prevention course approved by the Department of
Motor Vehicles, and who furnishes the Commission with proof that the
course was completed on or after September 1, 1999, shall have two (2)
points deducted from the total number of points assessed pursuant to this
Rule. No point reduction shall affect any suspension or revocation
action taken pursuant to these Rules prior to the completion of the
course. No person shall receive a point reduction pursuant to this
subsection more than once in any eighteen month period; and no person
shall receive a point reduction unless attendance at the course is
voluntary on the part of the licensee.
§2-08 Drivers of Accessible Taxicabs.
A driver of an accessible taxicab must also comply with chapter 16 of this title.
§2-09 [Reserved]
§2-10 Term of a License.
(a) The term of a taxicab driver's license shall be as follows:
(1) A license issued to a new applicant shall expire one year
subsequent to the date the license was issued as provided in
section 2-04 of this chapter.
(2) (A) A license issued to a renewing applicant shall expire two
years from the date on which the previous license expired. The
Commission may, in its discretion, extend the expiration date of
such license by up to an additional thirty-one days.
(B) The holder of a renewal license under subparagraph (a)(2)(A)
of this paragraph who is in the second year of such license and
who has completed the drug test required by section 2-19 (b)(1) of
this chapter for licensees in the first year of such license, may,
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upon written request to the Chairperson, advance the expiration
date of his or her license to any date prior to the scheduled
expiration of such license. One such request may be made during
the term for such license. The request must be made on a form to
be prescribed by the Chairperson or his or her designee and must
be submitted in accordance with instructions on that form.
(C) The holder of a license seeking to renew such license after
advancing the expiration date thereof hereunder must comply with
all requirements for renewal applicants, including with the
requirements imposed by sections 2-02, 2-11 and 2-19 of this
chapter; notwithstanding the provisions of section 2-19(b) of this
chapter, the drug test provided for therein shall be performed no
sooner than thirty (30) days prior to, and in any event no later
than, such advanced expiration date. For purposes of section 2-
19(b) of this chapter, a licensee who has advanced his or her
expiration date shall be treated as being a licensee in the second
year of a two-year license.
(D) (i) Notwithstanding the provisions of section 2-05(c) of this
chapter, the holder of a renewal license under subparagraph
(a)(2)(A) of this paragraph that expires between March 16,
2006, and June 23, 2006, inclusive, may request an
extension of the time to submit a license renewal
application on the ground that the licensee was unable to
submit to license renewal drug testing as required by
section 2-19(b)(1) of this chapter due to the licensee’s
absence from the New York City area during the entire
time provided by that section for submission to such drug
testing.
(ii) The request for an extension of time to submit a license
renewal application shall be made in writing to the
Chairperson or his or her designee and shall include
documentation demonstrating that the holder of the license
was absent from the New York City area during the entire
time provided by section 2-19(b)(1) of this chapter for
submission to drug testing for the renewal of such license,
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and was therefore not reasonably able to submit a license
renewal application before the expiration of such license.
(iii) Any such request for an extension of time must be
received by the Chairperson or his or her designee no later
than September 15, 2006. If the Chairperson or his or her
designee grants the request, the licensee’s time to submit an
application for renewal of his or her license shall be
extended to six months after the expiration of his or her
license.
(iv) A license renewal application submitted by a licensee
granted such an extension must comply with all
requirements for renewal applications, including payment
of the late-filing fee provided by section 2-05(c) of this
chapter, except that the drug test required by section 2-
19(b) of this chapter shall be taken no sooner than thirty
(30) days prior to the completion of such license renewal
application.
(v) The expiration of a license shall not be affected by the
licensee’s eligibility for an extension, or request for an
extension, of the time to submit a license renewal
application under this paragraph, and such license shall
remain expired until a renewal license is issued under item
(iv) of this subparagraph.
(3) A person who engages in a licensed activity after the expiration
date of a license and before the issuance of a renewal license is
engaged in unlicensed activity and may be subject to penalties
pursuant to applicable statutes and regulations. Nothing contained
herein shall prevent the Commission from taking any action
pursuant to §2-04(b) with respect to conduct which occurred
during the probationary period of a new applicant’s license, either
prior or subsequent to the expiration of the probationary period.
§2-11 Driver Continuing Education.
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(a) All licensees are required to attend and satisfactorily complete an
authorized course of training in taxi-related subjects prior to the
expiration of their probationary license pursuant to section §2-04 of this
chapter. The course shall be a minimum of four hours and shall include
an update of rule changes, a review of driver responsibilities and duties,
driver-passenger relations, and an awareness of serving passengers with
disabilities. A renewal applicant must successfully complete such
course, as verified by the designated school, as a prerequisite to the first
renewal of a taxicab driver’s license. The course must be completed no
sooner than sixty (60) days prior to, and in any event no later than the
expiration date of the one-year probationary license.
(b) All licensed taxicab drivers with licenses expiring November 30, 1997
through October 31, 1998 are required to meet the course training
certification requirement of section (a) with their renewal application, as
if such application is their first renewal application.
(c) The authorized providers of a taxi driver refresher course shall charge
each applicant enrolled in such course a fee of twenty dollars ($20).
(d) All renewal applicants are required to attend and complete a defensive
driving course from a school, facility or agency authorized by the
Commission and certified by the New York State Department of Motor
Vehicles. A renewal applicant who submits a certificate of completion
for an authorized defensive driving course completed less than three (3)
years from the date of the renewal application shall be exempt from this
requirement.
§2-12 Valid License Required.
(a) A driver shall not operate a taxicab in the City of New York while his
taxicab driver's license is revoked, suspended or expired.
(b) A driver shall not operate a taxicab without a valid New York State
chauffeur's license or a valid license of similar class of the state of which
he is a resident.
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(c) A driver shall immediately surrender his taxicab driver's license to the
Commission, upon the suspension or revocation of his chauffeur's
license.
(d) A driver shall comply with all restrictions endorsed by the Commission
upon his taxicab driver's license.
§2-13 Improper Use of a License.
(a) A driver shall not apply for or accept more than one taxicab driver's
license without the Commission's written permission.
(b) A driver shall not permit any other person to use the driver's taxicab
driver's license while operating any vehicle.
§2-14 License Must Be Safeguarded.
(a) A driver, within seventy-two (72) hours exclusive of weekends and
holidays, shall notify the Commission in writing of the loss or theft of his
taxicab driver's license.
§2-15 License Must Be Readable.
(a) A driver shall immediately surrender for replacement and reissue, any
unreadable or unrecognizable taxicab driver's license.
§2-16 Reporting Requirements.
(a) A driver shall report any change of mailing address to the Commission,
either in person or by registered or certified mail, return receipt requested
within seven (7) days exclusive of weekends and holidays. Any notice
from the Commission shall be deemed sufficient if sent to the mailing
address furnished by the driver.
(b) A driver shall submit four (4) new photographs to the Commission
whenever his physical appearance has changed.
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§2-17 Vehicle Must Be Licensed.
(a) A driver shall not knowingly operate a vehicle for hire unless such
vehicle is properly licensed by the Commission.
§2-18 [Reserved]
§2-19 Drug Testing of Licensed Taxicab Drivers.
(a) If the Commission has reasonable suspicion to believe that a driver
has a drug or controlled substance impairment that renders him or her
unfit for the safe operation of a taxicab, it may direct that the driver be
tested or examined for such impairment, at the driver’s expense, by an
individual or entity designated by the Commission and possessing a
requisite permit issued by the New York State Department of Health. If
the results of said test(s) or examination(s) are positive, the driver’s
license may be revoked after a hearing. Failure of a driver to be tested or
examined as directed may lead to suspension or revocation of such
driver’s license in accordance with §8-16 of this title.
(b)(1) Notwithstanding the foregoing, each licensee, other than a licensee
who is a City of New York Police Officer, also shall be tested annually,
at the licensee’s expense, for drugs or controlled substances, as set forth
in § 3306 of the Public Health Law. For licensees in the first year of a
two-year license, such testing must occur no sooner than thirty (30) days
prior to, and in any event no later than, the date one year prior to the
expiration date of such license. For licensees in the second year of a
two-year license, such testing must occur no sooner than thirty (30) days
prior to, and in any event no later than the expiration date of such
license. Such testing shall be performed by an individual or entity
designated by the Commission and possessing a requisite permit issued
by the New York State Department of Health.
(2) If the results of said test are positive, the driver’s license may be
revoked after a hearing in accordance with §8-15 of this title.
(3) Failure of a licensee in the first year of a two-year license to be
tested no sooner than thirty (30) days prior to, and in any event no later
than, the date one year prior to the expiration date of such license shall
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result in suspension of the driver’s license in accordance with §8-17 of
this title. If such licensee undergoes the required testing within thirty
(30) days after the date one year prior to the expiration date of the
current license, the suspension of the driver’s license shall be lifted. If
such licensee undergoes the required testing more than thirty (30) days
after the date one year prior to the expiration date of the current license,
such licensee shall also be required to pay a penalty of $200 to have the
suspension of the driver’s license lifted.
(4) Failure of a licensee in the second year of a two-year license to be
tested by the expiration date of such license shall result in denial of a
license renewal application, if any, and expiration of the license.
§2-20 Driving While Impaired.
(a) A driver shall not operate a taxicab while his driving ability is impaired
by either intoxicating liquor (regardless of its alcoholic content), drugs
or other controlled substances, nor while driving such taxicab or for six
hours prior to driving or occupying such taxicab shall he consume any
intoxicating liquor regardless of its alcoholic content or any drugs or
other controlled substances.
§2-21 Safe Driving and Traffic Accidents.
(a) A driver shall not operate his taxicab in such manner or at a speed which
unreasonably endangers users of other vehicles, pedestrians, or his
passengers.
(b) A driver shall operate his taxicab at all times in full compliance with all
New York State and New York City traffic laws, rules and regulations
and all rules, regulations and procedures of the Port Authority of New
York and New Jersey, the Triboro Bridge and Tunnel Authority, and any
regulatory body or governmental agency having jurisdiction over motor
vehicles, with respect to matters not otherwise specifically covered in
these rules. Violations of the foregoing shall be classified as follows for
purposes of this subdivision:
(1) Laws, rules or regulations governing stationary vehicles.
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(2) Laws, rules or regulations governing moving vehicles, other than
hazardous moving violations defined by paragraph (3) of this
subdivision.
(3) Laws, rules or regulations governing moving vehicles which
involve hazardous moving violations, defined as follows:
(i) speeding;
(ii) failing to stop for school bus;
(iii) following too closely;
(iv) inadequate brakes (own vehicle);
(v) inadequate brakes (employer’s vehicle);
(vi) failing to yield right of way;
(vii) traffic signal violation;
(viii) stop sign violation;
(ix) yield sign violation;
(x) railroad crossing violation;
(xi) improper passing;
(xii) unsafe lane change;
(xiii) driving left of center;
(xiv) driving in wrong direction;
(xv) leaving scene of an accident involving property damage or
injury to animal.
(c) A driver who, knowingly or having cause to know that personal injury
has been caused to another person or that damage has been caused to the
property of another person due to an accident involving the driver's
taxicab, shall, before leaving the place where said damage or injury
occurred, stop, exhibit to such other person his chauffeur's license,
taxicab driver's license, and rate card, and give to such other person, his
name, residence address, chauffeur's license number, taxicab driver's
number, and taxicab medallion number, as well as the name of the
taxicab's insurance carrier and the insurance policy number.
(d) A driver, while operating a taxicab, shall immediately report to the
owner of the vehicle any motor vehicle accident in which he is involved.
§2-22 [Reserved]
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§2-23 Driver's Shift.
(a) A driver shall not operate a taxicab for more than twelve (12)
consecutive hours.
§2-24 Authorized Drivers.
(a) A driver shall not operate a taxicab unless either:
(1) the driver's name has been entered by TLC on the rate card, and a
lease driver whose name is so entered is not operating past the
expiration date for the lease; or
(2) the taxicab is operated by "Unspecified Drivers," and such fact has
been noted by TLC on the rate card.
(b) A driver who is permitted to operate a taxicab pursuant to a lease from
the taxicab owner shall not sublease the taxicab to another party.
§2-25 Driver's Shift Responsibilities.
(a) A driver, while operating a taxicab, shall not, without the Chairperson's
written authorization, have in his or her possession or in the vehicle, a
weapon as defined by §2-01 of these Rules, or any other instrument
which is intended to be used as a weapon.
(b) A driver shall be clean and neat in dress and person. A driver may not
wear as outer clothing: underwear, tank tops, tube tops, body shirts,
swimwear, bathing trunks, or cut-off shorts.
(c) A driver shall not smoke in a taxicab.
(d) During the workshift a driver shall not allow another person to operate
the taxicab or occupy the driver's seat, except in the event of an
emergency.
(e) A driver while on duty shall not lock either of the rear doors except at a
passenger's request or with his consent or for a reason specified in these
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rules. A driver may lock the front doors. However, this does not give
drivers the right to refuse parties of four persons, in which one person
must occupy the front seat.
(f) The driver shall comply with the Air Pollution Control Code of the City
of New York, and shall not cause or permit the engine of his taxicab to
idle for longer than three minutes.
(g) A driver shall not permit the taxicab to be operated for hire by another
person who is not currently licensed by the Commission as a taxicab
driver.
(h) A driver shall not use a portable or hands-free electronic device while
operating a taxicab, unless such taxicab shall be lawfully standing or
parked. “Use” of a portable or hands-free electronic device means that
the driver is deploying any of the functions of the portable or hands-free
electronic device, or has a device that permits the hands-free use of a
portable or hands-free electronic device in the immediate proximity of
the driver’s ear.
A driver may offer as an affirmative defense that he or she was using a
portable or hands-free electronic device while operating a taxicab for the
sole purpose of communicating with an emergency response operator
that there exists an imminent threat to life or property, and that it was
impossible for the driver to safely stop the vehicle before placing the
call. The driver must provide documentary proof that the electronic
communication was to an emergency response operator.
(i) A driver shall reimburse an E–Z Pass tag holder for all tolls paid through
the use of the E-Z Pass immediately upon return of the vehicle to the E-Z
Pass tag holder or his agent at the end of the shift or lease period. If a
driver has a replenishment account with the owner or agent pursuant to
§1-83 of the Taxicab Owners rules, the driver shall be required to
contribute to the reimbursement account any monies that have been
depleted from the account to reimburse the owner or agent for E-Z Pass
tolls paid by the owner or agent but not reimbursed.
(j) If the driver is not a Taxpayer who is liable for the MTA Tax, the driver
shall forward to the Taxpayer the amount of fifty cents for each taxicab
trip driven by the driver that originated in New York City and terminated
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either in New York City or in the county of Dutchess, Nassau, Orange,
Putnam, Rockland, Suffolk or Westchester, no less often than weekly. A
driver shall not collect the MTA Tax for any taxicab trip unless the trip
originated in New York City and terminated either in New York City or
in the county of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk
or Westchester.
§2-25.1 Additional penalties for use of a portable or hands-free electronic
device while operating a taxicab.
(a) For purposes of this section, “portable or hands-free electronic device
violation” shall mean a violation of section 2-25(h) of this chapter or a
violation of any state law or rule prohibiting or restricting the use of a
portable or hands-free electronic device while driving, such violation
having been adjudicated by a court or other tribunal having jurisdiction
over such violations.
(b) Any taxicab driver who commits a portable or hands-free electronic
device violation is required to attend and satisfactorily complete an
authorized course of training in the dangers of driving while distracted
by portable or hands-free electronic devices. The course shall be a
minimum of one hour and shall include a review of the rules governing
the use of portable or hands-free devices, and the dangers of driving
while distracted. The course must be completed and verification of
course completion provided by the designated school within sixty days
of TLC’s issuance of a directive to the taxicab driver that he or she is
required to take such course.
§2-26 Condition of Taxicab.
(a) A driver shall not operate a taxicab without continuing personal
inspection and reasonable determination that all equipment, including
brakes, tires, lights, signals and passenger seatbelts and shoulder belts
are in good working order.
(b) A driver, during his workshift, shall keep the taxicab's interior clean.
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(c) A driver, during his workshift, shall keep clean and free from obstruction
the medallion number on the front and rear of the roof light so that the
medallion number shall be plainly visible at all times.
(d) A driver shall not (1) operate a taxicab having any equipment or
mechanical devices not specifically enumerated in these rules, unless
authorized in writing by the Commission; (2) place a cushion or other
orthopedic device on the seat portion of a taxicab seat that is equipped
with an occupant classification system; or (3) place a back rest or other
orthopedic device on the back portion of a taxicab seat that is equipped
with side airbags.
(e) A driver shall not place any signs in a taxicab not specifically
enumerated in these rules, unless authorized in writing by the
Commission.
(f) (i) For any taxicab that is required to be equipped with the taxicab
technology system, such equipment shall at all times be in good working
order and each of the four core services shall at all times be functioning.
(ii) In the event of any malfunction or failure to operate of such taxicab
technology system, the driver shall file an incident report with the
authorized taxicab technology service provider promptly and in no event
more than one (1) hour following the driver’s discovery of such
malfunction or failure to operate or such time as the driver reasonably
should have known of such malfunction or failure to operate, or the end
of the driver’s shift, whichever occurs first. If the owner or taxicab agent
previously filed a timely incident report regarding such malfunction or
failure to operate, the driver shall not be required to file a separate
incident report but shall obtain an incident report number from the
owner, agent or taxicab technology service provider. A taxicab in which
any of the four core services of the taxicab technology system, or any
part thereof, are not functioning shall not operate more than forty-eight
(48) hours following the timely filing of an incident report by the owner,
driver or agent.
(g) If any passenger information monitor is not operational and can be made
operational by the driver, the driver shall do so.
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§2-27 Items Which Must be Present in the Taxicab.
(a) A driver shall not operate a taxicab unless the following are present in
the taxicab:
(1) The taxicab technology system as defined in section 2-01 of this
chapter, provided, however, that, if the taxicab is not yet required
to be equipped with such taxicab technology system and whenever
such taxicab technology system is inoperable for not more than
forty-eight (48) hours following the filing of an incident report
with the authorized taxicab technology service provider as set
forth in section 2-26 of this chapter, the driver must maintain a
written trip record also known as a “trip sheet,” containing such
information as required by sections 2-01 and 2-28(a) of this
chapter and section 3-06(b) of this title.
(2) his taxicab driver's license in the appropriate frame;
(3) the rate card assigned to the taxicab, bearing the serial number of
the taximeter, in the frame alongside the frame for his taxicab
driver's license;
(4) a New York City five (5) borough indexed street map; and
(5) receipts for passengers.
(b) A driver shall not operate a taxicab after sunset unless all of the
following items are illuminated so that they are clearly visible from the
rear seat by a passenger with normal vision:
(1) the face of the taximeter;
(2) his taxicab driver's license; and
(3) the rate card.
(c) A driver shall not obstruct a passenger's view of any of the items
required in a taxicab by these rules, including the taximeter.
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(d) A driver shall not operate a taxicab for hire that is not equipped with an
E-Z Pass tag and shall use E-Z Pass at all crossings within the
jurisdiction of the Metropolitan Transportation Authority, Triborough
Bridge and Tunnel Authority, where E-Z Pass is accepted. Nothing
contained herein shall preclude a driver from using his personal E-Z Pass
tag for any toll.
§2-28 Trip Records.
(a) Until a taxicab is required to be equipped with the taxicab technology
system as defined in section 2-01 of this chapter, and thereafter
whenever the taxicab technology system is inoperable for not more than
forty-eight (48) hours following the filing of an incident report with the
authorized taxicab technology service provider as set forth in section 2-
26 of this chapter, a driver shall keep a written trip record in the taxicab
as specified in section 2-27(a) and shall enter the following information
legibly in ink, as follows:
(1) at the start of each trip, the starting time, specific location and
number of passengers;
(2) on completion of the trip, the destination, the time, the amount of
the fare, and any tolls paid;
(3) the taximeter readings and the concluding time of his or her
workshift;
(4) any toll bridges or tunnels used by the driver, whether or not with
a passenger; and
(5) all other entries required by these rules.
(b) Until a taxicab is required to be equipped with the taxicab technology
system as defined in section 2-01 of this chapter, and thereafter
whenever the taxicab technology system is inoperable for not more than
forty-eight (48) hours following the filing of an incident report with the
authorized taxicab technology service provider as set forth in section 2-
26 of this chapter, a driver shall, at the beginning of each workshift, sign
and certify on the written trip record that, with the exception of the
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taxicab technology system, the taxicab and its equipment are in good
working condition and that, with the exception of such taxicab
technology system, the items required in the taxicab are present, before
operating the taxicab.
(c) For any taxicab that is required to be equipped with the taxicab
technology system, a driver shall transmit to an electronic database all
necessary corrections that need to be made to the electronic trip record.
A driver shall at no time make erasures or obliterations on any written
trip record, shall correct any wrong entry only by drawing a single line
through the incorrect entry and recording the date, time and reason for
the change, and shall not leave blank lines between entries on any
written trip record.
(d) A driver shall at no time rewrite a written trip record either in whole or
in part, unless authorized by the Commission.
(e) Until a taxicab is required to be equipped with the taxicab technology
system as defined in section 2-01 of this chapter, and thereafter
whenever the taxicab technology system is inoperable for not more than
forty-eight (48) hours following the filing of an incident report with the
authorized taxicab technology service provider as set forth in section 2-
26 of this chapter, a driver shall submit his written trip sheet to the owner
at the conclusion of the driver’s shift or lease period. Whenever a
taxicab’s taxicab technology system is inoperable for not more than
forty-eight (48) hours following the filing of an incident report with the
authorized taxicab technology service provider, the driver must maintain
written trip records during the forty-eight (48) hours immediately
following the filing of such incident report.
§2-29 [Reserved]
§2-30 Taximeter Condition.
(a) A driver shall not drive a taxicab unless all taximeter seals and cable
housing seals are in good condition and pressed by the Commission or
its authorized designee. The serial number of the taximeter must be the
same as that shown on the rate card assigned to the taxicab.
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(b) A driver shall not pick up or transport a passenger unless the taximeter is
properly equipped with paper for the printing of receipts.
(c) A driver while on duty shall not operate a taxicab unless the rooflight is
lit when the taximeter is not in use, and unlit when the taximeter is in
use.
§2-31 Tampering with Taximeter, Taximeter Technology System
and Rooflight Prohibited.
(a) A driver shall not operate a taxicab in which the taximeter or the seals
affixed thereto by a licensed taximeter repair shop or the taxicab
technology system have been tampered with, broken or altered in any
manner. The operation of a taxicab with a broken taximeter seal shall
give rise to a rebuttable presumption that the driver knew of the
tampering or alteration and operated the taxicab with such knowledge.
(b) A driver shall not tamper with, repair or attempt to repair, or connect any
unauthorized device to, the taximeter or the taxicab technology system,
or any seal, cable connection or electrical wiring thereof, or make any
change in the vehicle's mechanism or its tires which would affect the
operation of the taximeter or the taxicab technology system.
(c) A driver shall not tamper with the roof light or any of the interior lights
or connections except to replace a defective bulb or fuse. The rooflight
of a taxicab shall be automatically controlled only by the movement of
the taximeter button or ignition switch so that it is lighted only when the
taximeter is in an off or "Vacant" position and unlighted when the
taximeter is in a recording or "Hired" position. The operation of a
taxicab with an unauthorized installation or device controlling interior or
roof lighting shall give rise to a rebuttable presumption that the driver
knew of the unauthorized installation or device and operated the taxicab
with such knowledge.
(d) It shall be an affirmative defense to a violation of section 2-31(b) that the
driver: (1) did not know of or participate in the alleged taximeter or
taxicab technology system tampering; and (2) exercised due diligence to
ensure that taximeter-tampering or tampering with the taxicab
technology system does not occur.
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§2-32 If Taximeter or Credit/Debit Card Acceptance Equipment Is
Defective During Shift.
(a) A driver shall not pick up or transport a passenger when the taximeter is
defective, until it has been repaired at a licensed taximeter shop or
replaced by such shop with a taximeter which has been inspected, sealed
and approved within the preceding twelve (12) months. Until a taxicab is
required to be equipped with the taxicab technology system as defined in
section 2-01 of this chapter, if the taximeter is equipped to accept credit
or debit card payments for fares, a driver may not pick up or transport a
passenger when the taximeter is incapable of accepting or processing
credit or debit card transactions. When a taxicab is required to be
equipped with the taxicab technology system, the driver may not pick up
or transport a passenger when the system is incapable of accepting or
processing credit or debit card transactions, unless: (i) in the event of any
malfunction or failure to operate of the credit or debit card acceptance
equipment, the driver promptly files an incident report with the
authorized taxicab technology service provider, as set forth in section 2-
26 of this chapter, and obtains an incident report number, and not more
than forty-eight (48) hours have passed following the filing of such
incident report, and (ii) the driver advises the passenger of the
malfunction or failure to operate of the credit or debit card acceptance
equipment prior to engaging the meter. In the event that the wireless
payment equipment used to accept payment by credit and debit cards is
inoperable at the destination of a trip as a result of a technical problem in
the system’s communication network that is not related to the equipment
in the taxicab, the customer has the option of either (i) paying cash or (ii)
requesting the taxicab driver continue to a location where the wireless
payment system may communicate with its network. If a taximeter or its
parts become defective during the driver’s shift while a passenger is in
the taxicab, or if the taxicab technology system or its parts become
defective while a passenger is in the taxicab such that the driver is
unable to inform the passenger of the proper fare, the driver shall
immediately notify the passenger and offer him or her the option of
continuing the trip with a mutually agreed upon reasonable fare, or
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terminating the trip and paying the fare shown on the taximeter to that
point.
(b) Upon terminating a trip because of a defective taximeter or defective
taxicab technology system, the driver shall illuminate the “Off Duty”
light, lock the rear doors, transmit to an electronic database for entry on
the electronic trip record that the taximeter and/or the taxicab technology
system is defective or, until a taxicab is required to be equipped with the
taxicab technology system as defined in section 2-01 of this chapter, and
thereafter whenever the taximeter technology system is inoperable for
not more than forty-eight (48) hours following the filing of an incident
report as set forth in section 2-26 of this chapter, enter on the written trip
record that the taximeter and/or the taxicab technology system is
defective. Whether or not the taxicab is required to be equipped with the
taxicab technology system, the driver shall return the taxicab
immediately to the garage of record or a licensed taximeter repair shop.
(c) A driver shall not charge a mark-up to any passenger for credit/debit card
transactions.
§2-33 Taximeter Operation.
(a) When a taxicab is occupied by anyone in addition to the driver, the
taximeter shall immediately be placed in the recording or “Hired”
position and kept in that position until arrival at the destination, provided
that if the passenger is not being charged a fare, the driver, in lieu of
activating the meter, may illuminate the “Off Duty” light and transmit to
an electronic database for entry on the electronic trip record that he or
she is off duty and transporting a non-paying passenger and the details of
time and distance of the free fare or, until a taxicab is required to be
equipped with the taxicab technology system as defined in section 2-01
of this chapter, and thereafter whenever the taxicab technology system is
inoperable for not more than forty-eight (48) hours following the filing
of an incident report with the authorized taxicab technology service
provider as set forth in section 2-26 of this chapter, enter on his or her
written trip record, that he or she is off duty and transporting a non-
paying passenger and the details of time, distance and reason for the
transportation without charge. When the taxicab is engaged in a flat fare
trip from Kennedy Airport to Manhattan or from Manhattan to Kennedy
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Airport in accordance with section 1-69(a) of this title, the driver shall
transmit to an electronic database for entry on the electronic trip record
or enter on the written trip record that this is a flat fare trip to or from
Kennedy Airport and the details of time and distance. When a taxicab is
occupied by a passenger who is a person with a disability, the driver
shall place the taximeter in the recording or “Hired” position only after
the passenger has safely entered the taxicab. A taxicab driver shall not
place the taximeter in the recording or “Hired” position while the driver
is assisting a person with a disability to enter the taxicab or while
assisting with that passenger’s mobility aid. Nothwithstanding anything
else contained in this section, a taxicab driver who is a driver of an
accessible taxicab and who has accepted a dispatch of a wheelchair
passenger pursuant to chapter 16 of this title shall turn on the meter as
provided in section 16-08 (d) of this title.
(b) Upon reaching the passenger's destination, the driver shall place the
taximeter in a non-recording or "Time Off" position, inform the
passenger of the fare due and leave the taximeter in a non-recording
position until the fare is paid. If the passenger is an individual with a
disability who requires assistance to exit the taxicab, the driver shall
place the taximeter in a non-recording position before assisting such
passenger and shall leave the taximeter in a non-recording position until
such passenger has paid the fare and safely exited the cab.
(c) Immediately after the passenger leaves the taxicab, the driver shall clear
the taximeter, placing it in an off or "Vacant" position in which it must
remain until the next passenger enters the taxicab.
§2-34 Overcharges Prohibited.
(a) A driver shall not charge or attempt to charge a fare above the approved
rates, as provided by these rules. A driver shall not impose or attempt to
impose any additional charge for transporting a person with a disability,
a service animal accompanying a person with a disability or a wheelchair
or other mobility aid.
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(b) A driver shall not collect or attempt to collect separate fares from
individual passengers who have shared a taxicab for part or all of a trip
unless such fares are specifically authorized as part of a group riding
program established by the Commission.
(c) A driver shall give the correct change to a passenger who has paid the
fare.
(d) A driver shall not ask a passenger for a tip nor indicate that a tip is
expected or required.
§2-35 Trips Beyond the City.
(a) For a trip beyond the City of New York, except for the counties of
Westchester or Nassau, or the facilities of the Port Authority of New
York and New Jersey at Newark Airport, the following shall be
applicable:
(1) the driver shall not start the trip until agreement has been made on
a flat rate as set forth in Owner Rule §1-73;
(2) the driver shall place the taximeter in a recording position at the
beginning of the trip, and the taximeter shall remain in such
recording position for the entire trip;
(3) out-of-City destination shall be transmitted to an electronic
database upon arrival at the destination for entry on the electronic
trip record or, until a taxicab is required to be equipped with the
taxicab technology system as defined in section 2-01 of this
chapter, and thereafter whenever the taxicab technology system is
inoperable for not more than forty-eight (48) hours following the
filing of an incident report with the authorized taxicab technology
service provider as set forth in section 2-26 of this chapter, entered
on the written trip record; and
(4) the total charge shall be captured by an electronic database for
entry on the electronic trip record or, until a taxicab is required to
be equipped with the taxicab technology system as defined in
section 2-01 of this chapter, and thereafter whenever the taxicab
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technology system is inoperable for not more than forty-eight (48)
hours following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of
this chapter, entered on the written trip record.
(b) For a trip to the counties of Westchester or Nassau, or Newark Airport,
the following shall be applicable:
(1) the driver shall place the taximeter in a recording position at the
start of the trip and shall keep the taximeter in the recording
position at all times;
(2) the driver must inform the passenger of the rate of fare, set forth in
Taxicab Owners Rule 1-73, before the start of the trip, and for a
trip to the Counties of Westchester or Nassau he or she shall
advise the passenger when the taxicab crosses the City limit;
(3) the driver must inform the passenger before the start of the trip
that all necessary tolls to and from the destination shall be paid by
the passenger; and
(4) the total charge shall be transmitted to an electronic database for
entry on the electronic trip record or, until a taxicab is required to
be equipped with the taxicab technology system as defined in
section 2-01 of this chapter, and thereafter whenever the taxicab
technology system is inoperable for not more than forty-eight (48)
hours following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of
this chapter, entered on the written trip record.
§2-36 [Reserved]
§2-37 [Reserved]
§2-38 [Reserved]
§2-39 Non-Paying Passengers.
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(a) If a passenger refuses to pay the metered fare, the driver must place the
meter in the off or “Vacant” position, illuminate the “Off Duty” light,
transmit the relevant information and the amount of fare on the taximeter
to an electronic database for entry on the electronic trip record or, until a
taxicab is required to be equipped with the taxicab technology system as
defined in section 2-01 of this chapter, and thereafter whenever the
taxicab technology system is inoperable for not more than forty-eight
(48) hours following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of this
chapter, enter the words “Off Duty” and the amount of fare on the
taximeter on the written trip record. Whether or not the taxicab is
required to be equipped with the taxicab technology system, the driver
shall proceed directly to the nearest police precinct, present the facts to
the police and follow their instructions for resolving the dispute.
§2-40 [Reserved]
§2-41 [Reserved]
§2-42 Courteous.
(a) A driver shall be courteous to passengers.
§2-43 Seating.
(a) A driver shall not permit more than four (4) passen_ gers
*
to ride in a
four (4) passenger taxicab, nor more than five (5) passengers in a five (5)
passenger taxicab, except that an additional passenger must be accepted
if such passenger is under the age of seven (7) and is held on the lap of
an adult passenger seated in the rear.
(b) A passenger who is unable to enter or ride in the passenger part of the
taxicab, must be permitted to occupy the front seat alongside the driver.
If a passenger's luggage, wheelchair, crutches, other mobility aid or other
property occupies the rear passenger part of the taxicab, a passenger
must be permitted to occupy the front seat alongside the driver.
*
[As reads in the Official Compilation of the Rules of the City of New York.]
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(c) A driver shall not pick up additional passengers except if the passenger
who hired the taxicab requests that the driver do so.
§2-44 Luggage and Property.
(a) Upon request of a passenger, the driver shall load or unload a passenger's
luggage, wheelchair, crutches or other property in or from the taxicab's
interior or trunk compartment, and shall secure such compartment.
(b) A driver shall not transport for hire any property, except blood or vital
human organs, unless such property is in the possession of a passenger.
§2-45 Route and Method of Payment.
(a) A driver shall take a passenger to his destination by the shortest
reasonable route unless the passenger requests a different route, or unless
the driver proposes a faster alternative route which the passenger agrees
to. The driver shall comply with all reasonable and lawful routing
requests of the passenger.
(b) A driver shall comply with any request of a passenger during the trip to
change his or her destination or terminate the trip, unless it is impossible
or unsafe for the driver to comply with such request, and the passenger
shall pay the amount shown on the taximeter until such time as the
taxicab is required to be equipped with the taxicab technology system as
defined in section 2-01 of this chapter or, after such time, the amount
shown on the passenger information monitor, unless the taxicab
technology system is inoperable for not more than forty-eight (48) hours
following the filing of an incident report with the authorized taxicab
technology service provider as set forth in section 2-26 of this chapter, or
there is a discrepancy between the amount shown on the passenger
information monitor and the taximeter. In that event, the passenger shall
pay the amount shown on the taximeter, at the destination or time of
termination.
(c) In a taxicab equipped with the taxicab technology system as defined in
section 2-01 of this chapter or otherwise equipped to accept credit and
debit card payment for fares, the driver shall comply with any request of
a passenger as to the method for payment of the fare, whether in cash or
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by credit or debit card. Provided, however, that if such taxicab
technology system is inoperable for not more than forty-eight (48) hours
following the filing of an incident report with the authorized taxicab
technology service provider as set forth in section 2-26 of this chapter,
the driver shall not be required to accept payment by credit or debit card.
§2-46 Reasonable Requests.
(a) A driver shall comply with all the reasonable requests of a passenger,
including but not limited to giving upon request his name, his taxicab
driver's license number and the medallion number.
(b) A driver shall give a passenger a receipt for payment of the fare at the
end of the trip. Such a receipt shall state the date, time, medallion
number, fare paid, extras and the Commission Complaint Department
telephone number.
(c) All audio equipment controlled by the driver shall be turned on or off at
the request of the passenger. The passenger shall have the right to select
what is to be played on the audio equipment. Whether or not a taxicab is
hired, an audio device shall be played at normal volume only, and all
noise ordinances shall be complied with.
(d) An air conditioning device in a taxicab shall be turned on or off at the
request of a passenger.
§2-47 Change.
(a) A driver shall be required to accept United States currency.
(b) A driver must always be capable of making change of a $20 bill,
provided that if the driver finds himself or herself unable to change a $20
bill during his or her workshift the driver may, with the passenger’s
consent, place the meter in an off or “Vacant” position, illuminate the
“Off Duty” light, transmit the relevant information to an electronic
database for entry on the electronic trip record or, until a taxicab is
required to be equipped with the taxicab technology system as defined in
section 2-01 of this chapter, and thereafter whenever the taxicab
technology system is inoperable for not more than forty-eight (48) hours
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following the filing of an incident report with the authorized taxicab
technology service provider as set forth in section 2-26 of this chapter,
make an appropriate written trip record entry. The driver shall then
proceed to the nearest location where he or she may reasonably expect to
obtain change.
§2-48 [Reserved]
§2-49 [Reserved]
§2-50 Refusals.
(a) A driver shall not seek to ascertain the destination of a passenger before
such passenger is seated in the taxicab.
(b) A driver shall not refuse by words, gestures or any other means, without
justifiable grounds set forth in §2-50(e) herein, to take any passenger to
any destination within the City of New York, the counties of Westchester
or Nassau or Newark Airport. This includes a person with a disability
and any service animal accompanying such person.
(c) A driver shall not require a person with a disability to be accompanied
by an attendant. However, where a person with a disability is
accompanied by an attendant, a taxicab driver shall not impose or
attempt to impose any additional charge for transporting the attendant.
(d) A driver shall not refuse to transport a passenger's luggage, wheelchair,
crutches, other mobility aid or other property.
(e) Justifiable grounds for the conduct otherwise prohibited by sections
2-50(a), 2-50(b), 2-50(c) and 2-50(d) shall be the following:
(1) another passenger is already seated in the taxicab;
(2) a hail from another person has already been acknowledged by the
driver, and that other person is being picked up or is about to be
picked up. Provided, however, that a driver shall not acknowledge
the hail of a prospective passenger over the hail of another
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prospective passenger with an intent to avoid transporting the
passenger whose hail was not acknowledged;
(3) the passenger is carrying, or is in possession of any article,
package, case or container, other than a wheelchair or other
mobility aid, which the driver may reasonably believe will cause
damage to the interior of the taxicab, impair its efficient operation,
or cause it to become stained or foul smelling;
(4) the driver is ending his or her workshift, has already illuminated
the “Off Duty” sign, locked both rear doors, and has transmitted
the relevant information to an electronic database for entry on the
electronic trip record or, until a taxicab is required to be equipped
with the taxicab technology system as defined in section 2-01 of
this chapter, and thereafter whenever the taxicab technology
system is inoperable for not more than forty-eight (48) hours
following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of
this chapter, indicated on the written trip record that he or she is
off duty and proceeding to his or her garage or home;
(5) it is necessary to take the taxicab out of service for one of the
reasons specified in section 2-52(a) of this chapter, and the driver
has already illuminated the “Off Duty” sign, transmitted the
relevant information to an electronic database for entry on the
electronic trip record or, until a taxicab is required to be equipped
with the taxicab technology system as defined in section 2-01 of
this chapter, and thereafter whenever the taxicab technology
system is inoperable for not more than forty-eight (48) hours
following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of
this chapter, made the appropriate written trip record entry, and the
driver has further locked both rear doors;
(6) the driver is discharging his last passenger or passengers prior to
going off duty, has already illuminated his “Off Duty” sign and
transmitted the relevant information to an electronic database for
entry on the electronic trip record or, until a taxicab is required to
be equipped with the taxicab technology system as defined in
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section 2-01 of this chapter, and thereafter whenever the taxicab
technology system is inoperable for not more than forty-eight (48)
hours following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of
this chapter, made the appropriate written trip record entry;
(7) the passenger is escorting or accompanied by an animal which is
not properly or adequately secured in a kennel case or other
suitable container. This provision shall not apply to service
animals accompanying people with disabilities;
(8) the destination is within the counties of Nassau or Westchester, or
Newark Airport, and the driver has been operating the taxicab for
more than eight (8) hours of any continuous twenty-four (24) hour
period;
(9) the passenger is disorderly or intoxicated. Provided, however, that
a driver shall not refuse to provide service to a person with a
disability solely because such person’s disability results in an
appearance or involuntary behavior which may offend, annoy, or
inconvenience the driver;
(10) a driver has a position on the "long haul" line at an airport taxi
stand and the passenger desires "short haul" transportation and
there is another taxicab available on the "short haul" line; or the
driver has a position on the "short haul" line and the passenger
desires "long haul" transportation and there is another taxicab
available on the "long haul" line; or
(11) if the passenger has refused a request by the driver to obey the
no-smoking requirement of law; the driver may discharge the
passenger after asking the passenger to cease smoking in the
taxicab, but if he does discharge the passenger it must be at a safe
location.
§2-51 [Reserved]
§2-52 Off-Duty Procedure.
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(a) Before going off duty a driver shall transmit the relevant information to
an electronic database for entry on the electronic trip record or, until a
taxicab is required to be equipped with the taxicab technology system as
defined in section 2-01 of this chapter, and thereafter whenever the
taxicab technology system is inoperable for not more than forty-eight
(48) hours following the filing of an incident report with the authorized
taxicab technology service provider as set forth in section 2-26 of this
chapter, shall enter on his or her written trip record the time, place and
reason for going off duty; he or she shall illuminate the “Off Duty” light
or display a “Relief Time” sign inside the windshield and visible from
the street and he or she shall lock the rear doors.
(b) Upon completion of the off duty activity a driver shall immediately
transmit the relevant information to an electronic database for entry on
the electronic trip record or, until a taxicab is required to be equipped
with the taxicab technology system as defined in section 2-01 of this
chapter, and thereafter whenever the taxicab technology system is
inoperable for not more than forty-eight (48) hours following the filing
of an incident report with the authorized taxicab technology service
provider as set forth in section 2-26 of this chapter, enter on his or her
written trip record the time thereof. The driver shall then turn off the
“Off Duty” light or remove the “Relief Time” sign and return to service.
(c) When the taxicab is operated for personal use, a "Personal Use-Off
Duty" entry shall be transmitted to an electronic database for entry on the
electronic trip record or made on the written trip record, and the "Off
Duty" light shall be illuminated.
(d) A driver shall illuminate the "Off Duty" light only by use of a manually
operated switch on the taxicab dashboard.
§2-53 Accepting Passengers While Off-Duty.
(a) A driver who has illuminated the "Off Duty" light may not solicit nor
accept a passenger unless that driver is returning the taxicab to his or her
garage or home and has transmitted the relevant information to an
electronic database for entry on the electronic trip record or made a
written trip record entry "Returning to garage (or home)" and the
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passenger's destination is directly en route thereto; when the last
passenger is discharged, the driver shall lock the doors and return to his
garage or home.
§2-54 Solicitation of Passengers.
(a) A driver shall solicit a passenger only from the driver's seat and only
with the words "taxi" or "cab" or "taxicab."
(b) A driver may not use another person, other than a dispatcher at an
authorized group-ride taxi line, to solicit a passenger, nor suggest to a
passenger that an additional person be accepted as a passenger, except
that a driver of an accessible taxicab shall accept dispatches as provided
by chapter 16 of this title.
(c) A driver shall not induce the hire of his taxicab by giving misleading
information, including but not limited to, the times of arrival and
departure of transportation facilities, the location of a building or place,
or the distance between two points.
§2-55 Solicitation Prohibited.
(a) A driver shall not solicit passengers within 100 feet of any bus stop, nor
stop there unless hailed.
(b) A driver may not, in omnibus fashion, pick up passengers at one or more
locations.
(c) A driver shall not solicit or cruise for the purpose of soliciting
passengers:
(1) at Kennedy, La Guardia or Newark Airports; or
(2) within 100 feet of any authorized taxi stand; or
(3) within the private streets of Lincoln Center; or
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(4) in any area of the City of New York where taxicab cruising is
prohibited.
§2-56 Taxi Stands.
(a) A driver has the right to take a position on any taxi stand having a
vacancy, and no other taxicab driver may interfere with that right.
(b) A driver may not occupy a taxi stand for the purpose of repairing his
taxicab, except for minor emergency repairs.
(c) A driver shall not overcrowd, crash or back into a front position on a taxi
stand; he shall take the rear position on the line formed at such a stand,
unless it is a relief stand that has a vacancy.
(d) A driver may occupy a taxi stand only when he is on duty or when, for a
period not to exceed one hour, he has gone off duty pursuant to
§§2-52(a) through (c).
(e) The driver of each of the first two taxicabs on a taxi stand, other than a
relief stand, shall remain in the driver's seat ready to accept passengers;
any other driver on such a stand shall be no more than fifteen feet from
his taxicab unless if he is off duty and the required "Off Duty" light or
"Relief Time" sign is visibly displayed.
(f) The space immediately in front of a fire hydrant on a street, where
parking is not prohibited, is an active taxi stand for one taxicab, except
when forbidden by §2-55(c). However, the driver must be seated in his
taxicab, ready for operation at all times.
§2-57 Terminals.
(a) The rules regarding taxi stands also apply to special taxi stands and feed
lines at air, rail, bus and ship terminals. Where taxicab holding areas are
provided at such terminals, a driver, before leaving on relief time, shall
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park the taxicab in such holding area, to which he may not bring any
passengers; upon returning, he shall take a rear position on the feed line.
(b) Where at an airport taxi stand, there is a choice of "long haul" and "short
haul" lines available to the taxicabs, a driver already on the "short haul"
line may not accept a passenger who desires "long haul" transportation if
there is an available taxicab on the “long haul" line; and conversely a
driver already on the "long haul" line may not accept a passenger who
desires "short haul" transportation, if there is an available taxicab on the
"short haul" line.
§2-58 [Reserved]
§2-59 Lost Property.
(a) The driver shall inspect the interior of the taxicab and the trunk
compartment, if used, immediately after termination of each trip to
Kennedy, La Guardia and Newark Airports.
(b) Property found by a driver in a taxicab shall be returned to the passenger
if possible; otherwise it shall be taken without delay to the police
precinct closest to where the passenger was discharged.
(c) If the property is not returned to the passenger, the driver shall promptly
inform the Commission of the details regarding the found property and
the police precinct where it is held.
§2-60 Abuse and Physical Force Prohibited.
(a) A driver shall not threaten, harass or abuse any passenger or any
governmental or Commission representative, public servant or other
person while performing his duties and responsibilities as a driver. A
driver shall not distract or attempt to distract a service animal
accompanying a person with a disability.
(b) A driver shall not use or attempt to use any physical force against a
passenger, Commission representative, public servant or other person
while performing his duties and responsibilities as a driver. A driver
shall not harm or use physical force against or attempt to harm or use
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physical force against a service animal accompanying a person with a
disability.
§2-61 Compliance with Law.
(a)
(1) A driver, while performing his duties and responsibilities as a
driver, shall not commit or attempt to commit, alone or in concert
with another, any act of fraud, misrepresentation or larceny against
a passenger, Commission representative, public servant or any
other person.
(2) A driver, while performing his duties and responsibilities as a
taxicab driver, shall not commit or attempt to commit, alone or in
concert with another, any willful act of omission or commission
which is against the best interests of the public, although not
specifically mentioned in these Rules.
(b) A driver shall not use or permit any other person to use his taxicab for
any unlawful purpose.
(c) A driver shall not conceal any evidence of a crime nor voluntarily aid
violators to escape arrest.
(d) A driver shall report immediately to the police any attempt to use his
taxicab to commit a crime or escape from the scene of a crime.
(e) A driver shall, upon filing for Workers' Compensation benefits because
of a disabling work-related injury, submit his or her driver's license to
the Commission and cease driving, for so long as the driver claims a
disability that prevents the driver from operating a taxicab. Such license
shall not be returned until such driver presents to the Commission
documentation of cessation of Workers’ Compensation benefits due to
recovery from such work-related disability, as provided in §1-43(d) of
this title.
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§2-62 Gifts Prohibited.
(a) A driver or any person acting on his behalf shall not offer or give any
gift, gratuity or thing of value to any employee, representative or
member of the Commission, or any public servant, or any dispatcher
employed at a public transportation facility.
(b) A driver shall immediately report to the Commission and the NYC
Department of Investigation any request or demand for a gift, gratuity or
thing of value by any employee, representative or member of the
Commission or any public servant or any dispatcher employed at a
public transportation facility or authorized group-ride taxi line.
(c) A driver shall remove all currency from the taxicab's interior prior to its
examination by any Commission personnel.
§2-63 Conviction of a Crime.
(a) A driver shall notify the Commission in writing of his conviction of a
crime within fifteen (15) days of such conviction, and he shall deliver to
the Commission a certified copy of the certificate of disposition issued
by the Clerk of the Court within fifteen (15) days of sentencing.
§2-64 Participation in Processions and Parades. [Repealed]
§2-65 Merchandise Solicitation Prohibited.
(a) A driver shall not sell, advertise or recommend any service or
merchandise to any passenger without prior written Commission
approval.
§2-66 Cooperating with TLC.
(a) A driver shall, at all times, cooperate with all law enforcement officers,
authorized representatives of the Commission, the NYC Department of
Investigation, and dispatchers at public transportation terminals and at
authorized group-ride taxi lines, and shall comply with all their
reasonable requests, including but not limited to giving, upon request,
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his or her name and taxicab driver’s license number and exhibiting the
rate card, the required electronic or written trip record and, when the
taxicab is required to be equipped with the taxicab technology system as
defined in section 2-01 of this chapter, if off duty produce the off-duty
code receipt, and other documents required to be in his or her possession.
(b) A driver shall promptly answer and comply as directed with all
questions, communications, directives and summonses from the
Commission or its representatives and the NYC Department of
Investigation or its representatives. A driver shall produce his or her
taxicab driver’s license and DMV license, required electronic or written
trip records and, when the taxicab is required to be equipped with the
taxicab technology system as defined in section 2-01 of this chapter, if
off duty produce the off-duty code receipt, or other documents whenever
the Commission requires him or her to do so.
(c) A driver shall notify the Owner and the Commission by telephone
immediately, and in writing within twenty-four (24) hours, upon the
discovery of any of the following with respect to the following
equipment:
(1) Any taximeter other than the taximeter approved by the
Commission and indicated on the rate card, has been installed in
the taxicab operated by the driver;
(2) Any taximeter seal in the taxicab operated by the driver has been
removed or tampered with;
(3) Any unauthorized device has been connected to the taximeter, any
seal, cable connection or electrical wiring of the taxicab operated
by the driver, which may affect the operation of a taximeter;
(4) Any intervening connections, splices, “Y” connections or direct or
indirect interruptions or connections of any kind whatsoever have
been discovered on any wiring harness attached to the taximeter in
the taxicab operated by the driver.
§2-67 [Reserved]
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§2-68 [Reserved]
§2-69 [Reserved]
§2-70 Program for Persistent Violators of Taxicab Drivers Rules
(effective date, October 15, 1989).
(a) Any driver who has been found guilty of three or more violations that
occurred within a fifteen month period and whose license has not been
revoked shall be required to attend a remedial or refresher course and
will accumulate one point on his taxicab driver’s license. Any driver
who does not complete such course upon notification by the Commission
shall have his license suspended until compliance.
(b) Any driver who has accumulated six or more points against his taxicab
driver’s license within a fifteen month period and whose license has not
been revoked shall have his license suspended for thirty days.
(c) Any driver who has accumulated ten or more points against his taxicab
driver’s license within a fifteen month period shall have his license
revoked.
(d) For the purposes of subdivisions (a) through (c) of this section, a driver
who has been found guilty of multiple violations arising from a single
incident shall be deemed guilty of the single violation with the highest
point total for purposes of this section.
(e) The minimum penalties set forth in subdivisions (a) through (c) of this
section shall not preclude the imposition by the Commission of
additional or more severe penalties in accordance with Rules of the
Commission.
(f) The penalties set forth herein will be imposed following the hearing
where the driver has been found in violation of rules that bring his
accumulated point total to the level described in subdivisions (b) and (c).
Persistent violator penalties will be in addition to those penalties
imposed for the underlying rule violations.
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(g) Rule violations that occurred prior to July 26, 1998 will not be deemed
to have any point value for the purpose of imposing any persistent
violator penalty under this section.
(h) The Schedule of Points is as follows:
Rule No.
Points
Reference Description
§2-12(a)
2
Operating a taxicab while taxi driver
license is revoked, suspended or expired
§2-12(b)
2
Operating a taxicab without a valid class 1,
2, 3, 4, or equivalent state driver license
§2-12(c)
1
Failure to surrender taxi driver license
§2-13(a)
3
Applying for or possession of more than
one taxi driver license
§2-15(a)
1
Altered or mutilated taxi driver license
§2-17(a)
3
Operating an unlicensed vehicle
§2-21(a)
4
Reckless driving
§2-21(b)(3)
Hazardous moving violations as follows:
Speeding:
§2-21(b)(3)(i)
3
1 to 10 miles above posted speed limit
4
11 to 20 miles above posted speed limit
5
21 to 30 miles above posted speed limit
6
31 to 40 miles above posted speed limit
8
41 or more miles above speed limit
§2-21(b)(3)(ii)
5
Failing to stop for school bus
§2-21(b)(3)(iii)
4
Following too closely
§2-21(b)(3)(iv)
4
Inadequate brakes (own vehicle)
§2-21(b)(3)(v)
2
Inadequate brakes (employer’s vehicle)
§2-21(b)(3)(vi)
3
Failing to yield right of way
§2-21(b)(3)(vii)
3
Traffic signal violation
§2-21(b)(3)(viii)
3
Stop sign violation
§2-21(b)(3)(ix)
3
Yield sign violation
§2-21(b)(3)(x)
3
Railroad crossing violation
Rule No.
Points
Reference Description
§2-21(b)(3)(xi)
3
Improper passing
§2-21(b)(3)(xii)
3
Unsafe lane change
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§2-21(b)(3)(xiii)
3
Driving left of center
§2-21(b)(3)(xiv)
3
Driving in wrong direction
§2-21(b)(3)(xv)
3
Leaving scene of an accident involving
property damage or injury to animal
§2-21(c)
3
Failure to stop after an accident
§2-21(d)
3
Failure to report accident to owner
§2-23(a)
1
Operation for more than 12 consecutive
hours
§2-24(a)(1)
1
Driver’s name not on rate card
§2-24(a)(2)
1
Vehicle operated by unspecified driver
§2-24(b)
2
Improper sublease
§2-25(e)
2
Locking rear doors while on duty
§2-25(g)
5
Permitting operation by unlicensed driver
§2-25(h)
3
4
Use of portable or hands-free electronic
devices while operating taxicab; first
offense or second offense committed
within any 15-month period
Use of portable or hands-free electronic
device while operating taxicab; third
offense committed within any 15-month
period
§2-26(d)
1
Operating taxicab with unauthorized
equipment
§2-27(a)(2)
2
Operating a taxicab without taxi driver
license in the display frame
§2-27(a)(3)
1
Operating a taxicab without a rate card
§2-30(a)
2
Operating taxicab with broken meter seals,
or with unauthorized meter
§2-30(c)
1
Rooflight not illuminated
§2-31(a)
3
Operating with taximeter seals broken
§2-31(b)
3
Tampering with taximeter or equipment
§2-31(c)
3
Tampering with rooflight
§2-32(a)
1
Failure to follow prescribed procedure
when taximeter becomes defective during a
trip
§2-33(a)
1
Improper operation of rooflight
§2-33(c)
1
Improper operation of rooflight after
passenger leaves taxicab
§2-34(b)
2
Collection of separate fares from
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individuals sharing a taxicab ride
§2-34(c)
2
Failure to give correct change
Rule No.
Points
Reference Description
§2-35(a)(1-4)
2
Violation of rules applicable to trips
beyond the limits of New York City
§2-35(b)(2)
2
Failure to inform a passenger of the rate of
fare before the start of trips beyond the
limits of New York City, or to inform a
passenger when the taxi crosses the City
limit
§2-42(a)
2
Discourteousness to passengers
§2-43(c)
2
Picking up additional passengers
§2-45(a)
2
Not using shortest reasonable route
§2-45(b)
2
Not complying with request to change
destination
§2-46(a)
1
Failure to comply with a reasonable
request from a passenger
§2-46(b)
1
Failure to give passenger a receipt
§2-52(a-b)
1
Abuse of procedure to go "OFF DUTY"
§2-53(a)
1
Abuses while "OFF DUTY"
§2-54(a)
1
Soliciting
§2-54(c)
3
Soliciting passenger by giving misleading
information
§2-55(a)
1
Soliciting near bus stop
§2-55(c)(1-4)
1
Soliciting at airports, near taxi stand, et al.
§2-60(a)
3
Harassment
§2-60(b)
4
Physical abuse
§2-61(a)(1)
4
Fraud or larceny
§2-61(a)(2)
3
Action against the best interests of the
public
§2-61(b)
3
Using taxicab for any unlawful purpose
§2-61(c)
3
Concealing evidence of a crime
§2-61(d)
3
Failure to report attempt to use taxi to
commit crime
§2-62(b)
3
Failure to report request for gift/gratuity
§2-63(a)
3
Failure to notify TLC of criminal
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conviction
§2-66(a)
2
Failure to cooperate with law enforcement
officials
Rule No.
Points
Reference Description
§2-66(b)
2
Failure to comply with Commission
request
(i) Any licensee who voluntarily attends and satisfactorily completes a
remedial or refresher course approved by the Commission and who
furnishes the Commission with proof that the course was completed on
or before August 31, 1999, shall have two (2) points deducted from the
total number of points assessed for the purpose of determining any
suspension or revocation pursuant to this Rule. No point reduction shall
affect any suspension or revocation action which may be taken pursuant
to these Rules prior to the completion of the course; and no person shall
receive a point reduction unless attendance at the course is voluntary on
the part of the licensee.
(j) Any licensee who voluntarily attends and satisfactorily completes a
remedial or refresher course approved by the Commission, and who
furnishes the Commission with proof that the course was completed on
or after September 1, 1999, shall have two (2) points deducted from the
total number of points assessed pursuant to this Rule. No point
reduction shall affect any suspension or revocation action which may be
taken pursuant to these Rules prior to the completion of the course. No
person shall receive a point reduction pursuant to this subdivision more
than once in any five year period.
(k) It shall be an affirmative defense that the act which formed the basis for
the violation was beyond the control and influence of the taxicab driver.
§2-71 [Reserved]
§2-72 [Reserved]
§2-73 [Reserved]
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§2-74 [Reserved]
§2-75 [Reserved]
§2-76 [Reserved]
§2-77 [Reserved]
§2-78 [Reserved]
§2-79 [Reserved]
§2-80 [Reserved]
§2-81 [Reserved]
§2-82 [Reserved]
§2-83 [Reserved]
§2-84 [Reserved]
§2-85 Procedures in the Event of a Violation of Commission Rules
[Repealed]
§2-86 Penalties for Violation of Rules Governing Taxicab Drivers
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-03(a)
$25
No
§2-03(b)
$25
No
§2-08
See chapter 16 of this title
No
§2-12(a)
$50 – 350 and/or suspension up to 30 days
Yes
§2-12(b)
$100 – 350 and/or suspension up to 30 days;
summary suspension until compliance
pursuant to section 8-17(b) of this title.
Yes
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*Presentation of a valid license in effect at the
time of the violation shall result in a dismissal
of the charge
§2-12(c)
$100
No
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-12(d)
$50
No
§2-13(a)
$100 – 350 and/or suspension up to 30 days
Yes
§2-13(b)
Revocation and $10,000
Yes
§2-14(a)
$50
No
§2-15(a)
$50
No
§2-16(a)
Notice to correct within 10 days
(Failure to comply with such notice shall be a
violation of Rule 2-66(b).)
N/A**
§2-16(b)
$50
No
§2-17(a)
$25 – 350 and/or suspension up to 30 days
Yes
§2-19(b)(3)
Suspension until compliance (If compliance
after 30 days, $200 penalty for reinstatement)
N/A**
§2-20(a)
Revocation
Yes
§2-21(a)
$350 – 1,000 and/or suspension up to 30 days
or revocation if driver is found guilty of
having violated this rule more than 3 times
within an 18 month period.
Yes
§2-21(b)(1)
$50
No
§2-21(b)(2)
$150
No
§2-21(b)(3)
$250
No
§2-21(c)
$50 – 350 and/or suspension up to 30 days or
revocation if driver is found guilty of having
violated this rule more than 3 times within a
12-month period.
Yes
§2-21(d)
$50 – 350 and/or suspension up to 30 days
Yes
§2-23(a)
$25
No
§2-24(a)
$100 – 350.
For the third or subsequent violation within 36
months, the license may also be suspended for
Yes
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up to 30 days.
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-24(b)
$100 – 350.
For the third or subsequent violation within 36
months, the license may also be suspended for
up to 30 days.
Yes
§2-25(a)
Revocation
Yes
§2-25(b)
$25
No
§2-25(c)
For offenses occurring prior to July 26, 1999,
$50 for the first conviction within a 12 month
period and $150 for each subsequent
violation.
For offenses occurring on or after July 26,
1999, $150.
No
§2-25(d)
$50
No
§2-25(e)
$50 – 250 and/or suspension up to 30 days
Yes
§2-25(f)
$25
No
§2-25(g)
$100 – 350 and/or suspension up to 30 days
Yes
§2-25(h)
$200
No
§2-25(i)
$50 plus restitution to the E-Z Pass tag holder
of any amount not reimbursed, and suspension
until compliance with any restitution order
Yes
§2-26(a)
$25
No
§2-26(b)
$25
No
§2-26(c)
$50
No
§2-26(d)
$50 – 350 and/or suspension up to 30 days
Yes
§2-26(e)
$25
No
§2-26(f)(i)
$250 and suspension until compliance
Yes
§2-26(f)(ii)
$250 and suspension until compliance
Yes
§2-26(g)
$100
No
§2-27(a)(1)
$30
No
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§2-27(a)(2)
$50
No
§2-27(a)(3)
$50
No
§2-27(a)(4)
$25
No
§2-27(a)(5)
$25
No
§2-27(b)
$25 for violation of each subdivision hereof.
No fine for violation of this rule shall exceed
$50.
No
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-27(c)
$50
No
§2-27(d)
$50
No
§2-28(a)(1-5)
$15 per omitted entry on an electronic or
written trip record; provided that the total
penalty for violation of this rule shall not
exceed $30 per electronic or written trip
record
No
§2-28(b) (Failure to comply with such notice shall be a violation of Rule 2-66(b).)
Notice to correct within 10 days (Failure to
comply with such notice shall be a violation of
Rule 2-66[b].)
N/A**
§2-28(c)
$25
No
§2-28(d)
$50
No
§2-28(e)
$100 – 350 and/or suspension up to 30 days
Yes
§2-28(f)
$50
No
§2-30(a)
$100
No
§2-30(b)
$25
No
§2-30(c)
$50 – 250 and/or suspension up to 30 days
No
§2-31(a)
$50 – 350 and/or suspension up to 30 days
Yes
§2-31(b)
$50 – 350 and/or suspension up to 30 days
Yes
§2-31(c)
$50 – 350 and/or suspension up to 30 days
Yes
§2-32(a)
$50 – 350 and/or suspension up to 30 days
Yes
§2-32(b)
$50
No
§2-32(c)
First violation: $200;
Second violation: $300;
Third violation: $500;
Yes
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In addition to the penalty payable to
the Commission, the administrative
law judge may order the driver to
pay restitution to the passenger, equal
to the excess amount that was charged to the
passenger.
§2-33(a)
$100 if the occupant is a paying passenger
$25 if non-paying
No
§2-33(b)
$50
No
§2-33(c)
$100
No
§2-34(a)
*Mandatory penalties as set forth in §2-87
Yes
§2-34(b)
$50 – 150
Yes
§2-34(c)
$50 – 150
Yes
§2-34(d)
$50
No
§2-35(a)(1)
$100
No
§2-35(a)(2)
$100
No
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-35(a)(3)
$25
No
§2-35(a)(4)
$25
No
§2-35(b)(1)
$100
No
§2-35(b)(2)
$25
No
§2-35(b)(3)
$25
No
§2-35(b)(4)
$25
No
§2-39(a)
N/A**
§2-42(a)
$150
No
§2-43(a)
$50
No
§2-43(b)
$75 for a violation involving a person
$25 for a violation involving luggage
No
§2-43(c)
$100
No
§2-44(a)
$50
No
§2-44(b)
$100
No
§2-45(a)
$50 – 150
Yes
§2-45(b)
$50 – 200
Yes
§2-45(c)
$150-350
Yes
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§2-46(a)
$50 – 100
Yes
§2-46(b)
$25
No
§2-46(c)
$25
No
§2-46(d)
$25
No
§2-47(a)
$100
No
§2-47(b)
$25
No
§2-50(a)
*Mandatory penalties as set forth in §2-87
Yes
§2-50(b)
*Mandatory penalties as set forth in §2-87
Yes
§2-50(c)
*Mandatory penalties as set forth in §2-87
Yes
§2-50(d)
*Mandatory penalties as set forth below
Yes
§2-50(e)
N/A**
§2-52(a)
$25
No
§2-52(b)
$25
No
§2-52(c)
$25
No
§2-52(d)
$75
No
§2-53(a)
$75
No
§2-54(a)
$50
No
§2-54(b)
$50
No
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-54(c)
$50-200
Yes
§2-55(a)
$100
No
§2-55(b)
$100
No
§2-55(c)
$50
No
§2-56(a)
$100
No
§2-56(b)
$50
No
§2-56(c)
$50
No
§2-56(d)
$50
No
§2-56(e)
$50
No
§2-56(f)
$50
No
§2-57(a)
$50
No
§2-57(b)
$100
No
§2-59(a)
$25
No
§2-59(b)
$50 – 250
Yes
§2-59(c)
$25
No
§2-60(a)
$350 – 1,000 and suspension up to 30 days or
Yes
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2/10/2010
revocation
§2-60(b)
$500 – 1,500 and/or suspension up to 60 days
or revocation
Yes
§2-61(a)(1)
$350 – 1,000 and/or suspension up to 60 days
or revocation
Yes
§2-61(a)(2)
$150-350 and/or suspension up to 30 days or
revocation
Yes
§2-61(b)
$100 – 350 and/or suspension up to 30 days
Yes
§2-61(c)
$350 – 1,000 and/or suspension up to 30 days
or revocation
Yes
§2-61(d)
$100 – 350 and/or suspension up to 30 days
Yes
§2-61(e)
$75 – 150
Yes
§2-62(a)
Revocation and $10,000
Yes
§2-62(b)
$100
Yes
§2-62(c)
$50
No
§2-63(a)
$50 – 250
Yes
§2-65(a)
$50
No
§2-66(a)
$50 – 350
Yes
Rule No.
Penalty.
All fines listed below also include a separate license
suspension, to run concurrent with any underlying
suspension, until such fine is paid, unless such fine is paid
by the close of business on the day assessed.
Personal
Appearance
Required
§2-66(b)
$200 and suspension until compliance
Yes
§2-66(c)
$500-1,500 and/or suspension up to 60 days
or revocation
Yes
**Not Applicable
§2-87 Penalties Mandated by Local Law.
The following penalties shall apply to those violations committed on or after
February 15, 1990.
(a)
(1) Any driver who has been found to have violated a provision of §§
2-34(a), 2-50(a), 2-50(b), 2-50(c) and 2-50(d) or any combination
thereof, shall be fined not less than $200.00 nor more than
$350.00. Any driver who has been found in violation of any of the
provisions of such rules or any combination thereof, for a second
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2/10/2010
time within a twenty-four month period, shall be fined not less
than $350.00 nor more than $500.00, and the Commission may
suspend the driver's license of such driver for a period not to
exceed thirty days. The Commission shall revoke the driver's
license of any driver who has been found to have violated any of
the provisions of §§ 2-34(a), 2-50(a), 2-50(b), 2-50(c) and 2-50(d)
or any combination thereof, three times within a thirty-six month
period.
Nothing contained herein shall limit or restrict any other authority
the Commission may have to suspend or revoke a driver's license.
(2) Notwithstanding the provisions of paragraph (a)(1) above, the
Commission shall revoke the driver's license of any person found
to have violated §2-34(a) by charging or attempting to charge a
fare of ten dollars or more above the approved rate of fare for
taxicabs.
(b) The twenty-four and thirty-six month periods referred to above are to be
calculated with reference to the dates the violations occurred. The
period begins to run from the date of the first violation. No violation
committed prior to February 15, 1988 shall be counted as a prior
violation.
(c) The Commission shall not issue any license to any person, who has had
his taxicab driver's license revoked pursuant to §§ 2-34(a), 2-50(a),
2-50(b), 2-50(c) and 2-50(d) for a period of one year from the date of
such revocation.
§2-88 Additional Penalties.
(a) Violation of any of these rules may also lead to revocation or suspension
of a taxicab driver's license and/or fines in excess of those set forth in the
above §§ 2-86 and 2-87, as provided in the "Procedures In The Event Of
A Violation Of Commission Rules." In addition, a driver may be
required to obtain a certificate of attendance for the required hours of
instruction in taxi related subjects at a school approved by the
Commission. In addition to the penalties set forth above, the
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Commission may require a driver to return to the passenger the amount
of any overpayment as determined by the hearing officer.
