§ 498 — Interjurisdictional pre-arranged for-hire vehicle operation

§ 498. Interjurisdictional pre-arranged for-hire vehicle operation. 1.\nDefinitions: When used in this section, the following terms shall have\nthe following meanings:\n a. "Driver's license" shall mean a license issued by the department\npursuant to article nineteen of this chapter or by a similar regulatory\nagency of another state.\n b. "Licensing jurisdiction" shall mean a city with a population of one\nmillion or more, or a county within New York state contiguous to such\ncity, the county of Suffolk, the county of Rockland or the county of\nDutchess or the county of Ulster, that requires the issuance of a\nlicense, permit, registration, certification or other approval for a\nvehicle to perform the pre-arranged pick up or drop off of one or more\npassengers in such jurisdiction for compensation.\n c. "Pre-arranged for-hire vehicle" shall mean a motor vehicle, other\nthan a bus, that is used in the business of transporting passengers for\ncompensation on a pre-arranged basis, and operated in such business\nunder a license or permit issued by a licensing jurisdiction. The term\n"pre-arranged for-hire vehicle" shall apply to vehicles as defined\nherein regardless of any other provision of local law or rule defining\nor describing such vehicles by any other terms such as livery, black\ncar, or luxury limousine.\n d. "Pre-arranged for-hire vehicle license" shall mean a license,\npermit, registration, certification or other approval issued by a\nlicensing jurisdiction to the owner of a pre-arranged for-hire vehicle\nfor the purpose of providing pre-arranged transportation for\ncompensation.\n e. "Pre-arranged for-hire vehicle driver's license" shall mean a\nlicense, permit or other approval to operate a pre-arranged for-hire\nvehicle issued by a licensing jurisdiction.\n f. "Serious criminal offense" shall mean a conviction of (i) a felony\ninvolving the use of a motor vehicle except a felony as described in\nsubparagraph (ii) of this paragraph; (ii) a felony involving\nmanufacturing, distributing or dispensing a drug as defined in section\none hundred fourteen-a of this chapter or possession of any such drug\nwith intent to manufacture, distribute or dispense such drug in which a\nmotor vehicle was used; (iii) a violation of subdivision one or two of\nsection six hundred of this chapter; (iv) operating a pre-arranged\nfor-hire vehicle when, as a result of prior violations committed while\noperating a pre-arranged for-hire vehicle, the driver's license is\nrevoked, suspended, or canceled; (v) causing a fatality through the\nnegligent operation of a pre-arranged for-hire vehicle, including but\nnot limited to the crimes of vehicular manslaughter or criminally\nnegligent homicide; (vi) homicide; and (vii) a felony for assault,\nsexual offenses, kidnapping, or burglary.\n 2. Reciprocity. a. A pre-arranged for-hire vehicle that is licensed to\nprovide pre-arranged transportation for compensation by a licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section shall be authorized to\npick up passengers in such jurisdiction for drop off within the same\njurisdiction, to pick up passengers in another licensing jurisdiction\nfor drop off within the licensing jurisdiction licensing such\npre-arranged for-hire vehicle, to drop off passengers in another\nlicensing jurisdiction who were picked up within the licensing\njurisdiction licensing such pre-arranged for-hire vehicle, and to\ntransit other licensing jurisdictions. No other licensing jurisdiction\nmay require a pre-arranged for-hire vehicle providing pre-arranged\ntransportation for compensation, which is licensed by a licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section, to also be licensed by\nsuch other licensing jurisdiction or to pay any pre-arranged for-hire\nvehicle license fee in order to be allowed to pick up or drop off\npassengers within or to transit such jurisdiction. A licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section shall provide written\nconfirmation thereof to other licensing jurisdictions, containing\ninformation sufficient to establish that such licensing jurisdiction\nmeets all such standards and requirements, and which shall be verifiable\nby such other licensing jurisdictions. Such written confirmation shall\nbe resubmitted to such other licensing jurisdictions every three years.\n b. A pre-arranged for-hire vehicle licensed by a licensing\njurisdiction not meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section shall be authorized to\npick up and/or drop off passengers in any other licensing jurisdiction\nonly (i) pursuant to the terms of a separate written agreement or\nmemorandum of understanding entered into between such licensing\njurisdictions or (ii) if the owner of such vehicle obtains a\npre-arranged for-hire vehicle license from such other licensing\njurisdiction.\n c. Where pre-arranged transportation is provided by a pre-arranged\nfor-hire vehicle licensed by a licensing jurisdiction meeting the\nstandards and requirements set forth in subdivisions three, four and six\nof this section and such transportation begins with the pick up or the\ndrop off of a passenger outside of such jurisdiction, such pre-arranged\nfor-hire vehicle shall be authorized to temporarily discharge and\nsubsequently pick up such passenger outside the licensing jurisdiction\nduring the course of such transportation, provided no\nintra-jurisdictional transportation is provided at that time to any\nother person who is not covered by the pre-arranged transportation\nagreement.\n 3. Standards for pre-arranged for-hire vehicle transportation. A\nlicensing jurisdiction shall be deemed to comply with the provisions of\nthis subdivision if the following conditions are met:\n a. The licensing jurisdiction requires the suspension of the\npre-arranged for-hire vehicle license of a pre-arranged for-hire vehicle\nowner, or the pre-arranged for-hire vehicle driver's license of a\ndriver, against whom there is an outstanding judgment or an unpaid civil\npenalty owed for a violation of this chapter relating to traffic in any\nother licensing jurisdiction meeting the standards and requirements of\nthis subdivision and subdivisions four and six of this section, or a\nviolation of regulations promulgated by such other licensing\njurisdiction duplicating or incorporating by reference any of the\nprovisions of this chapter, until such judgment is satisfied or such\ncivil penalty is paid.\n b. The licensing jurisdiction requires that each pre-arranged for-hire\nvehicle it licenses shall display evidence of a current, valid\npre-arranged for-hire vehicle license affixed to the windshield in a\nform and manner that may be further specified by the regulations of such\njurisdiction.\n c. The licensing jurisdiction requires the owner of each pre-arranged\nfor-hire vehicle it licenses to maintain, for purposes of insurance or\nother financial security, coverage in a specified amount per person,\npayable for those expenses specified in paragraphs one, two and three of\nsubsection (a) of section five thousand one hundred two of the insurance\nlaw, and coverage in specified amounts of minimum and maximum liability\nfor bodily injury and death, as said terms are defined in subdivision\none of section three hundred seventy of this chapter.\n d. The licensing jurisdiction requires (i) each pre-arranged for-hire\nvehicle it licenses to be inspected no less frequently than every twelve\nmonths by an official inspection station licensed pursuant to section\nthree hundred three of this chapter, or, if the pre-arranged for-hire\nvehicle is registered in another state, by the agency responsible for\nvehicle registration and inspection in that state, and (ii) each\npre-arranged for-hire vehicle to display a valid inspection sticker\nindicating the date of the last inspection and/or the expiration date,\nif such stickers are issued by the state of registration.\n e. The licensing jurisdiction provides, by means of a dedicated\ntelephone line or read-only access to an electronic database, the\nfollowing information to other jurisdictions meeting the standards and\nrequirements set forth in this subdivision and subdivisions four and six\nof this section: the name of the holder of a pre-arranged for-hire\nvehicle license; the vehicle identification number of a licensed\npre-arranged for-hire vehicle; the date first licensed; the date such\nlicenses were most recently renewed; and all violations issued to each\nlicensee and the disposition of each such violation. Such information\nobtained by a licensing jurisdiction from other licensing jurisdictions\nshall be used solely for the enforcement of laws and regulations\napplicable to the provision of transportation for compensation on a\npre-arranged basis.\n f. The licensing jurisdiction requires that a pre-arranged for-hire\nvehicle be driven only by the holder of a driver's license which is\nvalid to operate such motor vehicle in this state.\n g. The licensing jurisdiction requires that a pre-arranged for-hire\nvehicle be driven only by the holder of a pre-arranged for-hire vehicle\ndriver's license.\n h. The licensing jurisdiction requires that a pre-arranged for-hire\nvehicle driver display his or her pre-arranged for-hire vehicle driver's\nlicense in such vehicle in a manner clearly visible to passengers or\nhave such license readily available to produce upon the request of a\npassenger or law enforcement personnel.\n i. The licensing jurisdiction requires that a record of each\ninterjurisdictional trip be entered prior to the commencement of such\ntrip in a log maintained and kept readily accessible in the vehicle in a\nform and manner prescribed by the licensing jurisdiction and produced at\nthe request of any police officer or peace officer acting pursuant to\nhis or her special duties or other enforcement personnel authorized by\nsuch jurisdiction. Such record shall be kept for a period of no less\nthan one year after such trip. Failure to produce such a log maintained\nin the manner prescribed by such jurisdiction when requested by a police\nofficer or other enforcement personnel shall be presumptive evidence of\nillegal interjurisdictional operation.\n j. The licensing jurisdiction requires that the owner of each motor\nvehicle licensed as a pre-arranged for-hire vehicle hold a valid vehicle\nregistration for such vehicle issued by the department for which a\nregistration fee has been paid pursuant to schedule C of subdivision\nseven of section four hundred one of this title, or, in the case of a\nnon-resident of this state, a vehicle registration issued by the state\nof residence.\n k. No owner of a vehicle licensed as a pre-arranged for-hire vehicle\nby a licensing jurisdiction meeting the standards and requirements of\nthis subdivision and subdivisions four and six of this section or any\nperson or business engaged in the for-hire transportation of passengers\nby motor vehicle that is affiliated with such licensee shall do business\nwithin any jurisdiction in which it seeks to operate on an\ninterjurisdictional basis. "Do business" shall mean having a place of\nbusiness or telephone number in such jurisdiction relating to for-hire\ntransportation of passengers by motor vehicle.\n 4. Standards for drivers of pre-arranged for-hire vehicles. A\nlicensing jurisdiction shall be deemed to comply with the provisions of\nthis subdivision if it requires the following as conditions of licensure\nof pre-arranged for-hire vehicle drivers:\n a. The pre-arranged for-hire vehicle driver is fingerprinted and his\nor her criminal history obtained from the department of criminal justice\nservices.\n b. The licensing jurisdiction adopts criteria pursuant to which an\napplicant for a new or renewal pre-arranged for-hire vehicle driver's\nlicense shall be denied, and a pre-arranged for-hire vehicle driver's\nlicense shall be suspended or revoked, upon conviction of the applicant\nor licensee for a serious criminal offense, subject to applicable laws,\nincluding, but not limited to, article twenty-three-A of the correction\nlaw.\n c. The licensing jurisdiction provides by regulation for the\ncontinuing review of the driving record of every pre-arranged for-hire\nvehicle driver licensed by such jurisdiction, as reflected in the number\nand type of convictions accumulated on the driver's license issued to\nsuch driver. Such regulation shall provide for the mandatory suspension\nfor a thirty-day period of a pre-arranged for-hire vehicle driver's\nlicense upon the accumulation of a specified number and type of\nconviction on such person's driver's license within a fifteen-month\nperiod, and the mandatory revocation of a pre-arranged for-hire vehicle\ndriver's license upon the accumulation of an additional number of\nconvictions of a specified number and type on such person's driver's\nlicense within a fifteen-month period.\n d. The licensing jurisdiction requires that an applicant for a\npre-arranged for-hire vehicle driver's license submit to drug testing,\nand that licensed pre-arranged for-hire vehicle drivers be required to\nsubmit to additional drug testing upon each application for renewal of\nsuch person's pre-arranged for-hire vehicle driver's license, and\nadditional drug testing such that each licensee shall submit to such\ndrug testing no less often than once each year; and that any applicant\nwho tests positive for drugs or intoxicating liquors shall be denied a\npre-arranged for-hire vehicle driver's license, and the pre-arranged\nfor-hire vehicle driver's license of any licensee who tests positive for\ndrugs or intoxicating liquors shall be revoked after notice and an\nopportunity to be heard. Such drug test shall be administered by a\nperson or entity holding the requisite permit from the New York state\ndepartment of health. Individual test results and any related medical\ninformation about such applicant or licensee shall be confidential,\nshall not be disclosed except to the applicant or licensee or his or her\nrepresentative, and shall not be entered or received as evidence at any\ncivil, criminal or administrative trial, hearing or proceeding other\nthan an administrative trial, hearing or proceeding for the denial or\nrevocation of the pre-arranged for-hire vehicle driver's license as set\nforth in this paragraph. No person, other than an applicant or licensee\nwho is the subject of such records to whom such records are disclosed,\nmay redisclose such records.\n e. The licensing jurisdiction requires that every individual applying\nfor a pre-arranged for-hire vehicle driver's license must submit proof\nof completion of a state-approved defensive driving course no more than\nsix months prior to the date of application. The licensing jurisdiction\nshall further require that any individual renewing a pre-arranged\nfor-hire vehicle driver's license must submit proof of completion of a\nstate-approved defensive driving course no more than three years prior\nto the date of the renewal application.\n 5. On-street inspections. The enforcement authorities of a licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section may conduct on-street\ninspections of all vehicles operating as pre-arranged for-hire vehicles\nwithin such jurisdiction. A pre-arranged for-hire vehicle owner may be\nordered by such licensing jurisdiction to repair or replace such vehicle\nwhere it appears that it no longer meets the reasonable standards for\nsafe operation prescribed by regulations of such jurisdiction. Upon\nfailure of the pre-arranged for-hire vehicle owner to comply with such\nan order within ten days after service thereof, the recognition of such\nowner's pre-arranged for-hire vehicle license shall be suspended by the\nlicensing jurisdiction. Provided, however, that this subdivision shall\nnot impair such authority to conduct on-street inspections of\npre-arranged for-hire vehicles as may otherwise exist.\n 6. Notification. A licensing jurisdiction meeting the standards and\nrequirements set forth in this subdivision and subdivisions three and\nfour of this section shall, upon both the issuance and disposition of a\nsummons issued in such jurisdiction to a pre-arranged for-hire vehicle\nlicensed in another jurisdiction, notify such other jurisdiction of such\nissuance and disposition.\n