498. Interjurisdictional pre-arranged for-hire vehicle operation. 1. Definitions: When used in this section, the following terms shall have the following meanings:
a. "Driver's license" shall mean a license issued by the department pursuant to article nineteen of this chapter or by a similar regulatory agency of another state.
b. "Licensing jurisdiction" shall mean a city with a population of one million or more, or a county within New York state contiguous to such city, the county of Suffolk, the county of Rockland or the county of Dutchess or the county of Ulster, that requires the issuance of a license, permit, registration, certification or other approval for a vehicle to perform the pre-arranged pick up or drop off of one or more passengers in such jurisdiction for compensation.
c. "Pre-arranged for-hire vehicle" shall mean a motor vehicle, other than a bus, that is used in the business of transporting passengers for compensation on a pre-arranged basis, and operated in such business under a license or permit issued by a licensing jurisdiction. The term "pre-arranged for-hire vehicle" shall apply to vehicles as defined herein regardless of any other provision of local law or rule defining or describing such vehicles by any other terms such as livery, black car, or luxury limousine.
d. "Pre-arranged for-hire vehicle license" shall mean a license, permit, registration, certification or other approval issued by a licensing jurisdiction to the owner of a pre-arranged for-hire vehicle for the purpose of providing pre-arranged transportation for compensation.
e. "Pre-arranged for-hire vehicle driver's license" shall mean a license, permit or other approval to operate a pre-arranged for-hire vehicle issued by a licensing jurisdiction.
f. "Serious criminal offense" shall mean a conviction of (i) a felony involving the use of a motor vehicle except a felony as described in subparagraph (ii) of this paragraph; (ii) a felony involving manufacturing, distributing or dispensing a drug as defined in section one hundred fourteen-a of this chapter or possession of any such drug with intent to manufacture, distribute or dispense such drug in which a motor vehicle was used; (iii) a violation of subdivision one or two of section six hundred of this chapter; (iv) operating a pre-arranged for-hire vehicle when, as a result of prior violations committed while operating a pre-arranged for-hire vehicle, the driver's license is revoked, suspended, or canceled; (v) causing a fatality through the negligent operation of a pre-arranged for-hire vehicle, including but not limited to the crimes of vehicular manslaughter or criminally negligent homicide; (vi) homicide; and (vii) a felony for assault, sexual offenses, kidnapping, or burglary.
2. Reciprocity. a. A pre-arranged for-hire vehicle that is licensed to provide pre-arranged transportation for compensation by a licensing jurisdiction meeting the standards and requirements set forth in subdivisions three, four and six of this section shall be authorized to pick up passengers in such jurisdiction for drop off within the same jurisdiction, to pick up passengers in another licensing jurisdiction for drop off within the licensing jurisdiction licensing such pre-arranged for-hire vehicle, to drop off passengers in another licensing jurisdiction who were picked up within the licensing jurisdiction licensing such pre-arranged for-hire vehicle, and to transit other licensing jurisdictions. No other licensing jurisdiction may require a pre-arranged for-hire vehicle providing pre-arranged transportation for compensation, which is licensed by a licensing jurisdiction meeting the standards and requirements set forth in subdivisions three, four and six of this section, to also be licensed by such other licensing jurisdiction or to pay any pre-arranged for-hire vehicle license fee in order to be allowed to pick up or drop off passengers within or to transit such jurisdiction. A licensing jurisdiction meeting the standards and requirements set forth in subdivisions three, four and six of this section shall provide written confirmation thereof to other licensing jurisdictions, containing information sufficient to establish that such licensing jurisdiction meets all such standards and requirements, and which shall be verifiable by such other licensing jurisdictions. Such written confirmation shall be resubmitted to such other licensing jurisdictions every three years.
b. A pre-arranged for-hire vehicle licensed by a licensing jurisdiction not meeting the standards and requirements set forth in subdivisions three, four and six of this section shall be authorized to pick up and/or drop off passengers in any other licensing jurisdiction only (i) pursuant to the terms of a separate written agreement or memorandum of understanding entered into between such licensing jurisdictions or (ii) if the owner of such vehicle obtains a pre-arranged for-hire vehicle license from such other licensing jurisdiction.
c. Where pre-arranged transportation is provided by a pre-arranged for-hire vehicle licensed by a licensing jurisdiction meeting the standards and requirements set forth in subdivisions three, four and six of this section and such transportation begins with the pick up or the drop off of a passenger outside of such jurisdiction, such pre-arranged for-hire vehicle shall be authorized to temporarily discharge and subsequently pick up such passenger outside the licensing jurisdiction during the course of such transportation, provided no intra-jurisdictional transportation is provided at that time to any other person who is not covered by the pre-arranged transportation agreement.
3. Standards for pre-arranged for-hire vehicle transportation. A licensing jurisdiction shall be deemed to comply with the provisions of this subdivision if the following conditions are met:
a. The licensing jurisdiction requires the suspension of the pre-arranged for-hire vehicle license of a pre-arranged for-hire vehicle owner, or the pre-arranged for-hire vehicle driver's license of a driver, against whom there is an outstanding judgment or an unpaid civil penalty owed for a violation of this chapter relating to traffic in any other licensing jurisdiction meeting the standards and requirements of this subdivision and subdivisions four and six of this section, or a violation of regulations promulgated by such other licensing jurisdiction duplicating or incorporating by reference any of the provisions of this chapter, until such judgment is satisfied or such civil penalty is paid.
b. The licensing jurisdiction requires that each pre-arranged for-hire vehicle it licenses shall display evidence of a current, valid pre-arranged for-hire vehicle license affixed to the windshield in a form and manner that may be further specified by the regulations of such jurisdiction.
c. The licensing jurisdiction requires the owner of each pre-arranged for-hire vehicle it licenses to maintain, for purposes of insurance or other financial security, coverage in a specified amount per person, payable for those expenses specified in paragraphs one, two and three of subsection (a) of section five thousand one hundred two of the insurance law, and coverage in specified amounts of minimum and maximum liability for bodily injury and death, as said terms are defined in subdivision one of section three hundred seventy of this chapter.
d. The licensing jurisdiction requires (i) each pre-arranged for-hire vehicle it licenses to be inspected no less frequently than every twelve months by an official inspection station licensed pursuant to section three hundred three of this chapter, or, if the pre-arranged for-hire vehicle is registered in another state, by the agency responsible for vehicle registration and inspection in that state, and (ii) each pre-arranged for-hire vehicle to display a valid inspection sticker indicating the date of the last inspection and/or the expiration date, if such stickers are issued by the state of registration.
e. The licensing jurisdiction provides, by means of a dedicated telephone line or read-only access to an electronic database, the following information to other jurisdictions meeting the standards and requirements set forth in this subdivision and subdivisions four and six of this section: the name of the holder of a pre-arranged for-hire vehicle license; the vehicle identification number of a licensed pre-arranged for-hire vehicle; the date first licensed; the date such licenses were most recently renewed; and all violations issued to each licensee and the disposition of each such violation. Such information obtained by a licensing jurisdiction from other licensing jurisdictions shall be used solely for the enforcement of laws and regulations applicable to the provision of transportation for compensation on a pre-arranged basis.
f. The licensing jurisdiction requires that a pre-arranged for-hire vehicle be driven only by the holder of a driver's license which is valid to operate such motor vehicle in this state.
g. The licensing jurisdiction requires that a pre-arranged for-hire vehicle be driven only by the holder of a pre-arranged for-hire vehicle driver's license.
h. The licensing jurisdiction requires that a pre-arranged for-hire vehicle driver display his or her pre-arranged for-hire vehicle driver's license in such vehicle in a manner clearly visible to passengers or have such license readily available to produce upon the request of a passenger or law enforcement personnel.
i. The licensing jurisdiction requires that a record of each interjurisdictional trip be entered prior to the commencement of such trip in a log maintained and kept readily accessible in the vehicle in a form and manner prescribed by the licensing jurisdiction and produced at the request of any police officer or peace officer acting pursuant to his or her special duties or other enforcement personnel authorized by such jurisdiction. Such record shall be kept for a period of no less than one year after such trip. Failure to produce such a log maintained in the manner prescribed by such jurisdiction when requested by a police officer or other enforcement personnel shall be presumptive evidence of illegal interjurisdictional operation.
j. The licensing jurisdiction requires that the owner of each motor vehicle licensed as a pre-arranged for-hire vehicle hold a valid vehicle registration for such vehicle issued by the department for which a registration fee has been paid pursuant to schedule C of subdivision seven of section four hundred one of this title, or, in the case of a non-resident of this state, a vehicle registration issued by the state of residence.
k. No owner of a vehicle licensed as a pre-arranged for-hire vehicle by a licensing jurisdiction meeting the standards and requirements of this subdivision and subdivisions four and six of this section or any person or business engaged in the for-hire transportation of passengers by motor vehicle that is affiliated with such licensee shall do business within any jurisdiction in which it seeks to operate on an interjurisdictional basis. "Do business" shall mean having a place of business or telephone number in such jurisdiction relating to for-hire transportation of passengers by motor vehicle.
4. Standards for drivers of pre-arranged for-hire vehicles. A licensing jurisdiction shall be deemed to comply with the provisions of this subdivision if it requires the following as conditions of licensure of pre-arranged for-hire vehicle drivers:
a. The pre-arranged for-hire vehicle driver is fingerprinted and his or her criminal history obtained from the department of criminal justice services.
b. The licensing jurisdiction adopts criteria pursuant to which an applicant for a new or renewal pre-arranged for-hire vehicle driver's license shall be denied, and a pre-arranged for-hire vehicle driver's license shall be suspended or revoked, upon conviction of the applicant or licensee for a serious criminal offense, subject to applicable laws, including, but not limited to, article twenty-three-A of the correction law.
c. The licensing jurisdiction provides by regulation for the continuing review of the driving record of every pre-arranged for-hire vehicle driver licensed by such jurisdiction, as reflected in the number and type of convictions accumulated on the driver's license issued to such driver. Such regulation shall provide for the mandatory suspension for a thirty-day period of a pre-arranged for-hire vehicle driver's license upon the accumulation of a specified number and type of conviction on such person's driver's license within a fifteen-month period, and the mandatory revocation of a pre-arranged for-hire vehicle driver's license upon the accumulation of an additional number of convictions of a specified number and type on such person's driver's license within a fifteen-month period.
d. The licensing jurisdiction requires that an applicant for a pre-arranged for-hire vehicle driver's license submit to drug testing, and that licensed pre-arranged for-hire vehicle drivers be required to submit to additional drug testing upon each application for renewal of such person's pre-arranged for-hire vehicle driver's license, and additional drug testing such that each licensee shall submit to such drug testing no less often than once each year; and that any applicant who tests positive for drugs or intoxicating liquors shall be denied a pre-arranged for-hire vehicle driver's license, and the pre-arranged for-hire vehicle driver's license of any licensee who tests positive for drugs or intoxicating liquors shall be revoked after notice and an opportunity to be heard. Such drug test shall be administered by a person or entity holding the requisite permit from the New York state department of health. Individual test results and any related medical information about such applicant or licensee shall be confidential, shall not be disclosed except to the applicant or licensee or his or her representative, and shall not be entered or received as evidence at any civil, criminal or administrative trial, hearing or proceeding other than an administrative trial, hearing or proceeding for the denial or revocation of the pre-arranged for-hire vehicle driver's license as set forth in this paragraph. No person, other than an applicant or licensee who is the subject of such records to whom such records are disclosed, may redisclose such records.
e. The licensing jurisdiction requires that every individual applying for a pre-arranged for-hire vehicle driver's license must submit proof of completion of a state-approved defensive driving course no more than six months prior to the date of application. The licensing jurisdiction shall further require that any individual renewing a pre-arranged for-hire vehicle driver's license must submit proof of completion of a state-approved defensive driving course no more than three years prior to the date of the renewal application.
5. On-street inspections. The enforcement authorities of a licensing jurisdiction meeting the standards and requirements set forth in subdivisions three, four and six of this section may conduct on-street inspections of all vehicles operating as pre-arranged for-hire vehicles within such jurisdiction. A pre-arranged for-hire vehicle owner may be ordered by such licensing jurisdiction to repair or replace such vehicle where it appears that it no longer meets the reasonable standards for safe operation prescribed by regulations of such jurisdiction. Upon failure of the pre-arranged for-hire vehicle owner to comply with such an order within ten days after service thereof, the recognition of such owner's pre-arranged for-hire vehicle license shall be suspended by the licensing jurisdiction. Provided, however, that this subdivision shall not impair such authority to conduct on-street inspections of pre-arranged for-hire vehicles as may otherwise exist.
6. Notification. A licensing jurisdiction meeting the standards and requirements set forth in this subdivision and subdivisions three and four of this section shall, upon both the issuance and disposition of a summons issued in such jurisdiction to a pre-arranged for-hire vehicle licensed in another jurisdiction, notify such other jurisdiction of such issuance and disposition.
Last modified: February 3, 2019