2023 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.