§ 160-CC — Definitions

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