§ 1692 — General provisions

§ 1692. General provisions. 1. A TNC or a TNC driver shall not be\ndeemed a common carrier, as defined in subdivision six of section two of\nthe transportation law; a contract carrier of passengers by motor\nvehicle, as defined in subdivision nine of section two of the\ntransportation law; or a motor carrier, as defined in subdivision\nseventeen of section two of the transportation law. Neither a TNC nor a\nTNC driver shall be deemed to provide taxicab or for-hire vehicle\nservice while operating as a TNC or TNC driver pursuant to this article.\nMoreover, a TNC driver shall not be required to register the TNC vehicle\nsuch TNC driver uses for TNC prearranged trips as a commercial or\nfor-hire vehicle, as set forth in article fourteen of this chapter.\n 2. (a) A TNC may not operate in the state of New York without first\nhaving obtained a license issued by the department in a form and manner\nand with applicable fees as provided for by regulations promulgated by\nthe commissioner. As a condition of obtaining a license, a TNC shall be\nrequired to submit to the department proof of a group policy issued\npursuant to section three thousand four hundred fifty-five of the\ninsurance law. Failure of a TNC to comply with the provisions of this\narticle may result in applicable penalties, which may include, but are\nnot limited to fines, suspension or revocation of license or a\ncombination thereof as otherwise provided by law. No license shall be\nsuspended or revoked except upon notice to the TNC and after an\nopportunity to be heard.\n (b) Failure of a TNC to obtain a license before operation, pursuant to\nthis subdivision shall constitute a misdemeanor.\n 3. A TNC must maintain an agent for service of process in the state of\nNew York.\n 4. On behalf of a TNC driver, a TNC may charge a fare for the services\nrendered to passengers; provided that, if a fare is collected from a\npassenger, the TNC shall disclose to such passenger the fare within the\nTNC's digital network. The TNC shall also provide passengers, before\nsuch passengers enter a TNC vehicle, the actual fare or an estimated\nfare for such TNC prearranged trip through the TNC's digital network.\nThe TNC shall also post the fair calculation method on its website.\n 5. A TNC's digital network shall display a picture of the TNC driver,\nand provide the make, model, color and license plate number of the TNC\nvehicle utilized for providing the TNC prearranged trip before the\npassenger enters the TNC vehicle.\n 6. Within a reasonable period of time following the completion of a\ntrip, a TNC shall transmit an electronic receipt to the passenger on\nbehalf of the TNC driver that lists:\n (a) The origin and destination of the trip;\n (b) The total time and distance of the trip;\n (c) An itemization of the total fare paid, if any;\n (d) A separate statement of the applicable assessment fee and\nsurcharge; and\n (e) The TNC name and operating license number.\n 7. A TNC driver shall not solicit or accept street hails.\n 8. A TNC shall adopt a policy prohibiting solicitation or acceptance\nof cash payments for the fares charged to passengers for TNC prearranged\ntrips and notify TNC drivers of such policy. TNC drivers shall not\nsolicit or accept cash payments from passengers.\n 9. A TNC shall prevent a TNC driver from accepting TNC prearranged\ntrips within a city of a population of one million or more and any\ncounty or city that has enacted a local law or ordinance pursuant to\nsection one hundred eighty-two of the general municipal law and has not\nrepealed such local law or ordinance, except where the acceptance of a\nprearranged trip is authorized pursuant to an existing reciprocity\nagreement.\n 10. Nothing in this article shall apply to cities with a population of\none million or more.\n