NY Veh & Traf L § 498 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 4 - Registration of Vehicles Article 17-B - Interjurisdictional Pre-Arranged For-Hire Vehicle Operation 498 - Interjurisdictional Pre-Arranged For-Hire Vehicle Operation.

§ 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.