New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 309 - Independent Livery Driver Benefit Fund › Section 309.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Board means the Workers' Compensation
				  Board, except as pursuant to Workers' Compensation Law, the decision of the
				  board in particular cases may be by a member or panel of the board or by a
				  Workers' Compensation Law judge.
(b) Chair means the chairman, chairwoman or
				  chair of the Workers' Compensation Board.
(c) Covered services means all dispatches
				  from a livery base regardless of where the pick-up or discharge occurs, but
				  does not under any circumstances include street hails.
(d) Crime means a misdemeanor or felony as
				  those terms are defined in Penal Law, section
				  10.00 and violations, misdemeanors and
				  felonies as provided in Vehicle and Traffic Law, section
				  1193 for violating Vehicle and Traffic Law,
				  section
				  1192, unless committed by the livery
				  driver. Crime does not include violations of the Vehicle and Traffic Law and
				  misdemeanors or felonies resulting from or in a motor vehicle accident, except
				  as provided in the preceding sentence.
(e) Fund means the Independent Livery Driver
				  Benefit Fund as established by Executive Law, article 6-G.
(f) Governing taxi and limousine commission
				  means the taxi and limousine commission which licenses the livery base or
				  livery driver or regulates the registration of liveries and is either the taxi
				  and limousine commission of New York City, Nassau County or Westchester County
				  or a municipality of Nassau County.
(g) Independent livery base means a livery
				  base that meets the criteria set forth in Workers' Compensation Law, section
				  18-c and section
				  309.2  of
				  this Part.
(h) Independent livery
				  driver means a livery driver that is dispatched by an independent livery
				  base.
(i) Livery means a for-hire
				  vehicle licensed by the taxi and limousine commission of New York City or
				  Westchester County or licensed by a municipality of Nassau County and
				  registered with Nassau County, carrying no more than five passengers or such
				  other vehicle limited number as set by the governing taxi and limousine
				  commission, which charges for services on the basis of flat rate, time, mileage
				  or zones and which is dispatched by a livery dispatch facility, but shall not
				  include a vehicle classified as a black car, as defined in Executive Law,
				  article 6-F, or a vehicle classified as a luxury limousine, as defined by the
				  taxi and limousine commission of New York City or Westchester County or
				  licensed by a municipality of Nassau County and registered with Nassau
				  County.
(j) Livery base means a
				  central facility that manages, organizes or dispatches liveries, and is
				  licensed to do so by the taxi and limousine commission of New York City or
				  Westchester County or is located in Nassau County and is not a member of the
				  New York Black Car Operators' Injury Compensation Fund, Inc.
(k) Livery driver means an individual that
				  drives a livery, is dispatched by a livery base, receives compensation for such
				  driving, and is licensed to do so by the taxi and limousine commission of New
				  York City, Nassau County or Westchester County or a municipality of Nassau
				  County.
(l) New York State average
				  weekly wage shall have the same meaning as provided in Workers' Compensation
				  Law, section 2(16).