2023 New York Laws › EXC - Executive › Article 6-F - New York Black Car Operators' Injury Compensation Fund, Inc. › 160-CC - Definitions.

§ 160-cc. Definitions. As used in this article:
1.  "Black  car  operator"  means  the  registered owner of a for-hire
vehicle, or a driver designated by such registered owner to operate  the
registered owner's for-hire vehicle as the registered owner's authorized
designee,  whose  injury  arose  out  of  and in the course of providing
covered services to a central dispatch facility  that  is  a  registered
member  of  the  New York black car operators' injury compensation fund,
inc.
(a) For the purposes of the administration of this  article,  a  black
car  operator  shall  include  a  TNC  driver  that  is engaged in a TNC
prearranged trip. For the purposes  of  this  article,  the  terms  "TNC
driver",  "TNC  prearranged  trip"  and "digital network" shall have the
same meanings as such terms are defined in article forty-four-B  of  the
vehicle and traffic law.
(b)  For  the  purposes of the administration of this article, a black
car operator shall include a TNC  driver  that  is  logged  onto  a  TNC
digital  network  and  is  not  engaged in a TNC prearranged trip but is
engaged in an activity reasonably related to driving  as  a  TNC  driver
taking into consideration the time, place and manner of such activity.
2. "Board" means the workers' compensation board.
3.  "Central  dispatch  facility"  means  a central facility, wherever
located, including a transportation network company, that (a) dispatches
the registered owners of for-hire vehicles, or  drivers  acting  as  the
designated  agent  of  such  registered  owners,  to  both  pick-up  and
discharge passengers  in  the  state,  and  (b)  has  certified  to  the
satisfaction of the department of state that more than ninety percent of
its  for-hire  business  is  on  a  payment basis other than direct cash
payment by a passenger;  provided,  however,  that  a  central  dispatch
facility  shall  not  include  any such central facility that owns fifty
percent or  more  of  the  cars  it  dispatches.  For  the  purposes  of
administration  of this article, central dispatch facility shall include
TNC prearranged trip as defined in article forty-four-B of  the  vehicle
and traffic law.
4.  "Covered  services" means, with respect to dispatches from or by a
central dispatch facility located in the state, all dispatches from such
central dispatch facility regardless of where the pick-up  or  discharge
occurs,  and,  with  respect to dispatches from or by a central dispatch
facility located outside the state, all dispatches involving  a  pick-up
in the state, regardless of where the discharge occurs.
5. "Department" means the department of state.
6.  "Fund" means the New York black car operators' injury compensation
fund, inc.
7. "Fund liability date" means the earlier of:  (a)  the  date  as  of
which  the  board  first  approves the fund's application to self-insure
pursuant to subdivision two of section  one  hundred  sixty-ii  of  this
article,  or  (b) the date on which coverage commences under the initial
insurance policy purchased by the fund pursuant to subdivision three  of
section one hundred sixty-ii of this article.
8.  "Local  licensing  authority" means the governmental agency in the
state, if  any,  that  is  authorized  to  license  a  central  dispatch
facility.
9. "Secretary" means the secretary of state.
10.  "Transportation  network  company"  or  "TNC" shall have the same
meaning as the term is defined in article forty-four-B  of  the  vehicle
and traffic law.