2023 New York Laws › VAT - Vehicle and Traffic › Title 8 - Respective Powers of State and Local Authorities › Article 44-B - Transportation Network Company Services › 1692 - General Provisions.

§  1692.  General  provisions.  1.  A TNC or a TNC driver shall not be
deemed a common carrier, as defined in subdivision six of section two of
the transportation law;  a  contract  carrier  of  passengers  by  motor
vehicle,   as  defined  in  subdivision  nine  of  section  two  of  the
transportation law; or  a  motor  carrier,  as  defined  in  subdivision
seventeen  of section two of the transportation law. Neither a TNC nor a
TNC driver shall be  deemed  to  provide  taxicab  or  for-hire  vehicle
service while operating as a TNC or TNC driver pursuant to this article.
Moreover, a TNC driver shall not be required to register the TNC vehicle
such  TNC  driver  uses  for  TNC  prearranged  trips as a commercial or
for-hire vehicle, as set forth in article fourteen of this chapter.
2. (a) A TNC may not operate in the state of New  York  without  first
having  obtained a license issued by the department in a form and manner
and with applicable fees as provided for by regulations  promulgated  by
the  commissioner. As a condition of obtaining a license, a TNC shall be
required to submit to the department proof  of  a  group  policy  issued
pursuant  to  section  three  thousand  four  hundred  fifty-five of the
insurance law. Failure of a TNC to comply with the  provisions  of  this
article  may  result in applicable penalties, which may include, but are
not  limited  to  fines,  suspension  or  revocation  of  license  or  a
combination  thereof  as  otherwise provided by law. No license shall be
suspended or revoked  except  upon  notice  to  the  TNC  and  after  an
opportunity to be heard.
(b) Failure of a TNC to obtain a license before operation, pursuant to
this subdivision shall constitute a misdemeanor.
3. A TNC must maintain an agent for service of process in the state of
New York.
4. On behalf of a TNC driver, a TNC may charge a fare for the services
rendered  to  passengers;  provided  that, if a fare is collected from a
passenger, the TNC shall disclose to such passenger the fare within  the
TNC's  digital  network.  The  TNC shall also provide passengers, before
such passengers enter a TNC vehicle, the actual  fare  or  an  estimated
fare  for  such  TNC prearranged trip through the TNC's digital network.
The TNC shall also post the fair calculation method on its website.
5. A TNC's digital network shall display a picture of the TNC  driver,
and  provide  the make, model, color and license plate number of the TNC
vehicle utilized for providing  the  TNC  prearranged  trip  before  the
passenger enters the TNC vehicle.
6.  Within  a  reasonable period of time following the completion of a
trip, a TNC shall transmit an electronic receipt  to  the  passenger  on
behalf of the TNC driver that lists:
(a) The origin and destination of the trip;
(b) The total time and distance of the trip;
(c) An itemization of the total fare paid, if any;
(d)  A  separate  statement  of  the  applicable  assessment  fee  and
surcharge; and
(e) The TNC name and operating license number.
7. A TNC driver shall not solicit or accept street hails.
8. A TNC shall adopt a policy prohibiting solicitation  or  acceptance
of cash payments for the fares charged to passengers for TNC prearranged
trips  and  notify  TNC  drivers  of  such policy. TNC drivers shall not
solicit or accept cash payments from passengers.
9. A TNC shall prevent a TNC driver  from  accepting  TNC  prearranged
trips  within  a  city  of  a  population of one million or more and any
county or city that has enacted a local law  or  ordinance  pursuant  to
section  one hundred eighty-two of the general municipal law and has not
repealed such local law or ordinance, except where the acceptance  of  a

prearranged  trip  is  authorized  pursuant  to  an existing reciprocity
agreement.
10. Nothing in this article shall apply to cities with a population of
one million or more.