taxicab Subscribe to RSS - taxicab

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, October 30, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF RULE

 

The TLC is proposing rules that would amend or add sections to the existing rules governing Medallion Broker Licenses and Taxicab Agent Licenses.  

Broker License Rule Amendments

            In April 1984, the City Council of the City of New York enacted Local Law No. 18 which added what is now section 19-527 of the Administrative Code of the City of New York. That section, in substance, (1) defines "Taxicab Broker" as one "who, for another… acts as an agent or intermediary in negotiating the purchase or sale of a taxicab" (Administrative Code §19-527[a]); (2) provides for the licensing of such brokers, the payment of an annual license fee of $500, the posting of a $50,000 bond for nonpayment of fines imposed by the Taxi and Limousine Commission (“TLC”) or judgements “by reason of any misrepresentations, fraud or deceit, or any unlawful act or omission of such licensee, his or her agents or employees” (Administrative Code §19-527[b], [c], [e]); and (3) granted TLC the power to impose a fine of up to $10,000, suspend or revoke a license for making a material misstatement or misrepresentation on a Taxicab Broker license application, committing a fraudulent, deceitful or unlawful act while acting as a Taxicab Broker, or violating any TLC rule (Administrative Code §19-527[f]).

 

            TLC’s rules implementing this local law, located at chapter 62 of Title 35 of the Rules of the City of New York, establish: (a) procedures for the licensing and supervision of an individual or business entity acting as a Taxicab Broker; (b) the qualifications, requirements, prohibitions, and procedures for getting and maintaining a Taxicab Broker's License; (c) rules of operation to protect Taxicab Brokers’ customers and the public; and (d) penalties for violations.

            In response to allegations of Broker misconduct, on May 20, 2019, Mayor de Blasio ordered a joint investigation by the TLC, Department of Finance and Department of Consumer and Worker Protection into Taxicab Brokers practices. The 45-day review was charged with identifying and penalizing Taxicab Brokers who violated existing TLC regulations and developing regulatory changes to address issues uncovered and unaddressed by the existing regulatory framework.

The report

[1]

detailing the findings of the joint investigation, includes a summary of identified TLC rule violations, which were forwarded to TLC’s Prosecution Division for enforcement and are currently the subject of ongoing administrative enforcement proceedings

[2]

, as well as a number of recommended changes to TLC rules in order to ensure that Taxicab Brokers are held to a higher standard going forward.

Specifically, the proposed changes:

·        

Revise penalties for violation of the TLC Broker rules to reflect the seriousness of the prohibited conduct;

·        

Extend the TLC-required record retention period for Taxicab Brokers from three years to ten years;

·        

Provide restitution to Brokers’ clients, as appropriate, for TLC rule violations;

·        

Clarify that TLC rules apply to all services offered by Brokers, including but not limited to medallion transfers, broker-facilitated financing or refinancing, and insurance;

·        

Strengthen Brokers’ obligations to disclose interests in TLC-issued taxicab licenses and related taxicab business services provided to their clients, through annual disclosure to TLC of Brokers’ interests;

·        

 Expand the required disclosure of interests to include any interests held by spouses, children and other relatives of the Broker;

·        

Require disclosure of actual conflicts in any transaction to be completed on a form provided by TLC;

·        

Require written agreements between Brokers and their clients specifying all fees and costs charged by the Broker, informing clients of the Broker’s duty to act in their interest, disclose any facts the Broker knows that impact the value of a medallion as well as all offers to purchase, and disclose any fees paid to the Broker by a third party;

·        

Require that Brokers submit to TLC completed broker agreements including all agreement attachments required by TLC rules and copies of closing statements completed on TLC-provided forms;

·        

Require that Brokers complete for their clients, and submit within 30 days to TLC, a plain language explanation of material loan terms for any financing or refinancing facilitated by Brokers.    

These steps will provide meaningful transparency improvements in the medallion purchasing process. However, they do not address bank or credit union lending practices s, which play a key role in the medallion market, but are regulated at the state and federal level.  To provide medallion purchasers with greater protection and transparency, continuing review of the adequacy of state and federal regulations and the sufficiency of their enforcement will be necessary.

Agent License Rule Amendments

          Outreach to owners as part of the Broker investigation revealed the need for additional regulations applicable to leases between businesses licensed as Taxicab Agents[3] and passive medallion owners.  This includes consistent and enforceable contracts as well as mandatory contract provisions informing passive medallion owners of their rights when working with a Taxicab Agent.  Additionally, numerous owners reported that agents they worked with failed to make timely medallion lease payments, and agreements they entered into allowed the Agent to reduce the medallion lease payment without the owner’s consent while also prohibiting owners from cancelling their lease agreements in such cases without significant penalties.  Finally, passive owners also expressed uncertainty about Agents’ obligation under TLC rules to pay applicable taxes and fees for medallions they manage.  The proposed rules address these issues and others by requiring that:

·        

Written medallion leases must specify lease amounts and frequency of lease payments, all costs and fees that the Agent may charge the owner, and Agent’s obligation to pay fees or taxes as required by TLC rules or the medallion lease agreement for all such fees or taxes incurred during the Agent’s management of the owner’s medallion.

·        

Written leases must include a provision allowing medallion owners to cancel the medallion lease agreement without penalty or cost if the Agent notifies the Owner of its intention to lower the medallion lease amount.

·        

Annual accountings to be prepared by Agents for medallion owners itemizing all taxes, fees, insurance and other costs paid by the Agent on behalf of the Medallion Owner.

·        

Agents provide restitution for any overcharges, underpayments, or missed payments and will face a penalty for failure to pay fees or taxes the Agent was required by TLC rules or the medallion lease agreement to pay.

Enforcement of New Regulations

 

            The investigation into Broker practices revealed the need for greater oversight into the business practices of Brokers, Agents and other TLC-regulated businesses.  To ensure that TLC-licensed businesses comply with TLC regulations, including the proposed regulations described above, TLC announced the formation of a Businesses Practices Accountability Unit (BPAU), which will be charged with ongoing monitoring of TLC-licensed businesses, detailed review of TLC-required annual disclosures as well as broker agreements and Broker-provided closing and loan disclosure statements for accuracy and  completeness, and investigation of complaints lodged against such entities.  TLC is currently staffing this new unit and anticipates BPAU will begin its work by the end of calendar year 2019. 

 

Additional Non-Regulatory Work

            The investigation into Broker practices also revealed that for current drivers who own their medallions, the largest single issue they face is unaffordable debt. The average median debt owed by surveyed drivers who own their medallions is approximately $500,000, well above the prices medallions regularly sell for today on the secondary market. Because of loan refinancing, drivers who purchased their medallions years ago at lower prices also often carry significant debt. Fifty-one-percent of surveyed drivers who own their medallions stated they struggle to pay their monthly bills and 26% stated they are considering bankruptcy. However, only 15% of surveyed drivers who own their medallions indicated their lender has lowered the monthly payments or reduced the loan principal.

            To address these financial challenges facing many TLC licensees, the City is preparing to open a new Driver Assistance Center to serve as a central location where licensees can make appointments and receive free services from the TLC and other agency partners.  At the Center, licensees will find on-site staff offering financial counseling and debt restructuring assistance, financial advocacy for those negotiating loan refinancing, referrals to mental health services and screening for public benefits. The Center will be located at TLC’s Long Island City facility and will be open to all TLC licensed drivers. 


[2]

Upon the resolution of these enforcement actions, TLC will create and maintain on the TLC website a list of enforcement actions against brokers to further increase transparency for prospective buyers and sellers.

[3]

Taxicab Agents are business entities that operate or facilitate the operation of one or more taxicab medallions on behalf of the taxicab medallion owner.

Subject: 

Proposed Taxicab Broker Rules

Location: 
TLC Commission Meeting Room
33 Beaver Street 19th Floor
New York, NY 10004

Adopted Rules: Closed to Comments

Adopted Rules Content: 

On January 20, 1994, the Taxi and Limousine Commission (“TLC”) adopted rules requiring the installation of driver safety partitions in Medallion Taxicabs.[1]  Since then, the rules have been revised a number of times.  Today Medallion Taxicabs are the only class of TLC-licensed vehicles subject to a partition requirement.  In contrast, owners of both Street Hail Liveries (“SHLs”) and Liveries, may install either a partition or an In Vehicle Camera Systems (IVCS).[2]  The remaining classes of vehicles, including the Black Car sector, have no requirement to install either a partition or IVCS.  

 

TLC staff have reviewed recent studies which examined the use of partitions and IVCS in taxis.  The studies show that IVCS effectively deter would-be criminals and significantly improve the likelihood that criminals are apprehended and successfully prosecuted.  Other studies have also shown that IVCS may decrease incidents of verbal abuse and fare jumping.  For these reasons, these rules allow Owners of Medallion Taxicabs to have the same option as the SHL and Livery sectors of installing either a partition or an IVCS.  The TLC will monitor the impact of this rule change to ensure that driver and passenger safety is not affected negatively.

 

The rules also require that Medallion Owners file with TLC a working email address to improve communications between the agency and its licensees. 

 

Finally, the rules allow Medallion Owners to request at any time one of the 496 waivers to hack-up an approved accessible Taxicab vehicle other than the Accessible Official Taxicab Vehicle (“AOTV”).  TLC rules previously required that these requests be made at least 120 but no more than 150 days prior to the current vehicle retirement date.  Industry stakeholders have requested eliminating this requirement to accommodate those circumstances when a vehicle must be removed from service well in advance of the scheduled retirement date.  Medallion Owners receiving these waivers must hack-up their vehicle within 120 days after approval.  Waivers not used within the required timeframe will then be returned to the pool of available waivers. 

 

These rules are authorized by Section 2303 of the Charter and Section 19-503 of the Administrative Code of the City of New York.

 




[1]

§1-17 of the TLC rules, presently codified as §58-35.

[2]

Unlike Taxicabs Owners, TLC rules permit all Owners of SHLs and Liveries, including those leasing their vehicles, to opt for an IVCS in lieu of a partition.

Effective Date: 
Sat, 05/28/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

In accordance with TLC Rule 58-21(c)(5)(xi)D, the TLC amends its rules to increase the credit card surcharge chargeable to lessors of taxicab medallions by an equivalent of $1 per shift.  This change is being made because credit card usage has continued to increase and the formula for recalculating the surcharge contained in TLC Rule 58-21(c)(5)(xi)D indicates that an increase in the surcharge of $1 per shift is warranted. 

The Commission’s authority for this rule change is found in section 2303 of the New York City Charter and section 19-503 of the New York City Administrative Code.  

Effective Date: 
Sun, 06/22/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Rule

 

 

These rules amend the Taxi and Limousine Commission’s rules governing the leasing of taxicabs and taxicab medallions. The Commission’s authority to adopt these rules is found in section 2303 of the New York City Charter and section 19-503 of the New York City Administrative Code.

 

Following hearings held on May 31 and July 9, 2012, on July 12, 2012, the Commission approved rules changing lease caps and certain other rules pertaining to the leasing of taxicabs and taxicab medallions, as well as rules regarding taxicab rates of fare. The fare rules took effect on September 4, 2012 and the leasing rules took effect on September 30, 2012.

 

Following adoption of these rules, participants from the taxicab industry met with the TLC and identified a number of instances where a technical clarification or qualification to the rules passed on July 12 might be helpful.  In addition, in accordance with the settlement of the lawsuit “Metropolitan Taxicab Board of Trade and JTL Management et. al. v. The New York City Taxi & Limousine Commission et. al” (Index 103849/2012), which resulted in a preliminary injunction against certain of the leasing rules, the TLC agreed to propose certain other changes to the rules. The TLC is promulgating these rules to address some of the comments received after adoption of the first set of changes to the rules.

 

The rules:

 

·       Clarify provisions regarding responsibility for service and maintenance

·       Change how credit card charges are paid and implement a surcharge payable by a driver coupled with a lower lease cap

·       Clarify that an agent cannot charge a surcharge in addition to the surcharge collected under the lease cap rules.

·       Clarify the provisions requiring the pro-rating of lease amounts if the vehicle is unavailable. Allow late charges for late payments in certain instances.

·        Allow owner fines for missed inspections, suspended drivers, dirty vehicles and illegal subleases to be charged to drivers in certain circumstances.

·        Clarify that reasonable cancellation charges can include repossession fees.

·        Modify marking specifications to reflect the recent elimination of exterior fare decals. Modify penalties for retaliation against complaining lessees.

·         Provide a test for determining whether financing of a vehicle by a public corporation is related to a medallion lease when the lessor holds stock in the public  corporation.

·        Allow retention of a deposit to cover the medallion portion of the all-in-one “DOV” lease.

 

 

Effective Date: 
Mon, 07/29/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

Following a year-long detailed evaluation process, the City has selected the Nissan NV200 to be the exclusive taxicab vehicle for use in the City. The NV200 taxicabs will be known as the Official Taxicab Vehicle (OTV) or the Accessible Official Taxicab Vehicle (AOTV). Beginning on a date certain, known as the OTV Activation Date, all vehicles hacked up as taxicabs in the City must, with certain exceptions, be the OTV or AOTV.

 

It is anticipated that forthcoming models of the OTV will meet the requirements set forth in New York City Administrative Code Section 19-533, which provides that “one or more hybrid electric vehicle models . . . shall be eligible for immediate use by all current and future medallion owners.” The 19-533 compliant version of the OTV is also expected to be available in a wheelchair accessible version, making it New York City’s first ever hybrid and wheelchair accessible taxicab. However, at present the OTV is not available in a 19-533 compliant version.

 

To ensure that the TLC’s rules remain in compliance with section 19-533, the rule as promulgated sets forth specifications for hybrid electric vehicles and vehicles powered by compressed natural gas which may be hacked up as taxicabs following the OTV Activation Date. These specifications will apply from the activation date until an OTV meets the requirements of section 19-533. The owner of an unrestricted medallion may, and the owner of an alternative fuel medallion must hack up his or her medallion with a vehicle that meets these specifications. It is not required that a vehicle meeting these specifications be crash-tested with a partition installed, in recognition of the fact that, at present, no commercially available hybrid electric vehicle is crash-tested in this manner. However, the specifications do include requirements for interior volume designed to ensure that taxi passengers traveling in hybrid electric taxis other than the OTV receive a passenger experience comparable to that afforded by the OTV and the AOTV.

 

Interior volume measurements continue to be based on those provided by the manufacturer and do not reflect partition installation.

 

The Commission’s authority for this rules change is found in section 2303 of the New York City Charter and section 19-503 and 19-533 of the New York City Administrative Code.

 

 

Effective Date: 
Mon, 07/29/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

Background

 

Over 600,000 people per day ride in medallion taxicabs regulated by the Taxi and Limousine Commission. Since the end of taxicab manufacture by the Checker Motors Corporation in the early 1980s, none of the vehicles used by the New York City medallion taxicab industry have been designed especially for taxicab service. Since these cars have not been designed or engineered specifically for taxi use, they have not included features and amenities that would be beneficial to taxi owners, drivers, and passengers. Nor have they incorporated the latest technologies, accessibility features for people with disabilities, or safety advances. Most important, none of the vehicles currently in use as taxicabs are designed and manufactured to meet federal safety standards in their taxi configuration. In particular, the presence of a partition installed after the vehicle is manufactured and crash-tested creates an increased risk of head and face injuries.1

 

In 2007, the City issued a Request for Information (RFI) and convened a Taxi of Tomorrow Advisory Committee (comprised of taxi drivers, passengers, medallion owners, advocates for people with disabilities, advocates for the environment, various taxi driver and owner organizations, and designers) to help ensure that the new taxicab meets the needs of diverse stakeholders.

 

In 2009, the City issued a Request for Proposals (RFP) seeking an exclusive provider of taxicabs to the medallion taxi industry. It sought a vehicle that offered:

 

·         Compliance with federal safety standards even with a partition installed

·         Superior passenger experience

·         Superior driver comfort and amenities

·         Appropriate purchase price and on-going maintenance and repair costs

·         Minimal environmental impact

·         Minimal physical footprint with more useable interior room

·         Accessibility for all users

·         Iconic design that will identify the taxi with New York City

 

After receipt of seven proposals from a variety of manufacturers, and a year-long detailed evaluation process, the City selected the Nissan NV200 to be the exclusive taxicab vehicle. The NV200 taxicabs will be available in both a standard and a wheelchair accessible version. These versions will be known as the Official Taxicab Vehicle (OTV) or the Accessible Official Taxicab Vehicle (AOTV).

 

 

The City subsequently negotiated at length with Nissan North America (Nissan) to secure several important features for taxi owners, passengers and drivers.

 

Safety: The City negotiated with Nissan to ensure that all versions of the OTV have the following safety features:

 

·         Crash-tested with the partition installed;

·         Equipped with side passenger airbags designed to deploy without interference from the partition;

·         Sliding doors to prevent crashes with cyclists and other vehicles;

·         Illuminated lights on the rear exterior to inform cyclists and other drivers that doors are opening;

·         Front end of the vehicle is designed to reduce severity of injuries to pedestrians in case of an accident;

·         Seatbelts and seatbelt connectors are highlighted with color to encourage seatbelt use; and

·         Backup cameras for drivers

 

Passenger amenities include:

·         Suspension and ride quality engineered for rear passenger comfort

·         More knee room

·         Rear HVAC controls with separate climate control for passenger

·         Entry and exit step with grab handles and completely flat floor

·         Sliding doors that are easier to open than sliding doors in current taxis

·         Transparent skyroof with passenger controlled shade

·         Extra room for luggage

·         Passenger controlled reading lights

·         Floor lighting to assist in locating lost objects

·         USB and 12 volt charging ports

·         Intercom for easy communication with driver

·         Hearing loop to facilitate communication with driver for those with compatible hearing aids

·         Odor-absorbing roof panel and seats with antimicrobial components

·         Low annoyance horn and exterior horn light to identify over-honking

 

Driver amenities include:

·         Driver’s seat that is adjustable even with the partition installed

·         Breathable seat fabric

·         Built-in navigation system

·         Front passenger seat folds to become driver workspace

·         Tray in the partition is ergonomically designed to pass currency and receipts back and forth through the partition so the driver does not have to twist his or her arm around

 

The Rule

 

The rule as promulgated requires that if a medallion owner acquires a new vehicle on or after the activation date for the Taxi of Tomorrow, the owner must hack up the medallion with the Taxi of Tomorrow vehicle, to be known as the Official Taxicab Vehicle or the Accessible Official Taxicab Vehicle. The rule requires the TLC to provide at least 120 days notice to medallion owners prior to the date after which unrestricted medallions must be hacked-up with the Official Taxicab Vehicle. The rule also makes certain, largely technical changes, to current taxicab rules to account for the fact that the Official Taxicab Vehicle will be manufactured and delivered under specifications set by contract with the manufacturer of the vehicle. The rule further provides that, from the activation date until the OTV meets the requirements of Administrative Code section 19-533, which provides for the availability of “one or more hybrid electric vehicle models . . . for immediate use” as a taxicab, the owner of an unrestricted medallion may choose to hack up his or her medallion, and the owner of an alternative fuel medallion must hack up his or her medallion with a hybrid electric vehicle that meets the standards set forth in TLC’s rules.

 

Exceptions

 

The rule as promulgated includes certain exceptions to the requirement that medallion owners must hack up their medallions with either the OTV or the AOTV:

 

·       From the activation date until an OTV meets the requirements of Administrative Code section 19-533, owners of medallions restricted to use with alternative fuel vehicles may not hack up their vehicles with an OTV or AOTV, but rather must hack up with a hybrid electric vehicle that meets the standards set forth in TLC’s rules.

 

·       Owners of medallions that are restricted to use with Wheelchair Accessible Vehicles, including 231 such medallions that have already been issued and any medallions that will be issued in the future, may purchase either an AOTV or any accessible taxicab which meets the accessible vehicle specifications set forth in Rule 67-05.2.

 

·       With TLC’s authorization, owners of up to 496 unrestricted medallions issued prior to January 1, 2012 who choose to use an accessible vehicle may purchase any accessible Taxicab which meets the accessible vehicle specifications set forth in Rule 67-05.2.

 

·       Until the Commissioner certifies that there is a hybrid version of the OTV, owners of unrestricted medallions may purchase any hybrid electric vehicle that meets the standards set forth in TLC’s rules.

 

Retirement Deadlines and Public Hearing

 

A public hearing on an earlier version of this rule was held by the TLC on September 6, 2012. Among the public comments received as testimony were several suggestions that the TLC consider granting retirement extensions to owners of vehicles retiring before the OTV activation date to facilitate a smooth roll out of the ToT vehicle and to allow some owners to wait to buy a ToT vehicle rather than being forced to buy a non-ToT vehicle before the OTV activation date. The staff considered this suggestion and agreed, proposing to amend vehicle retirement requirements for certain vehicles as follows:

 

·       Taxicabs currently scheduled to retire beginning November 1, 2012 through May 31, 2013 will receive an extension through December 1, 2013 or such earlier date on which the owner elects to hack up a TOT vehicle.

 

·       Taxicabs currently scheduled to retire beginning June 1, 2013 through September 30, 2013 will receive an extension of six months, or such earlier date on which the owner elects to hack up a TOT vehicle.

 

·       To obtain an extension, an owner must file an election form with the TLC and specify the date by which they intend to hack up a TOT vehicle. The hack up date becomes the new scheduled retirement date.

 

·       Owners who elect to participate and obtain an extension must acquire a TOT vehicle at the retirement of the existing vehicle.

 

·       Owners who obtain the extension will not be permitted to hack up a different vehicle before the newly elected scheduled retirement date unless a TOT vehicle is hacked up.

 

·       Owners will not be permitted to hack up another vehicle before the TOT vehicle becomes available. The TLC can grant exemptions to this requirement for good cause.

 

The Commission’s authority for this rules change is found in section 2303 of the New York City Charter and section 19-503 and 19-533 of the New York City Administrative Code.

 

 

1 Articles about the danger posed by partitions. http://www.nydailynews.com/news/riding-new-york-city-taxi-seat-belt-danger-health-article-1.1036853; http://www.nydailynews.com/news/didn-seat-belt-new-york-city-cab-suffered-serious-injury-crash-face-smashed-partition-article-1.1036865and http://www.nytimes.com/1996/07/15/nyregion/metro-matters-cab-partitions-helping-driver-but-not-rider.html

 

 

Effective Date: 
Mon, 07/29/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Please see the TLC website for the complete text of the adopted rule.

 

 

 

Effective Date: 
Tue, 09/04/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

These rules amend the Taxi and Limousine Commission’s rules governing the leasing of taxicabs or taxicab medallions. The Commission’s authority to adopt these rules is found in section 2303 of the New York City Charter and section 19-503 of the New York City Administrative Code.

 

These rules reflect evidence and testimony gathered at the hearings held on May 31 and July 9, 2012.

 

The rules:

 

·       Change the mechanism by which medallion owners collect credit card charges from drivers with a lease cap increase.

·       Authorize (but do not require) lessors who lease their medallions and vehicles on a shift basis to charge a lease cap surcharge for gas they provide to drivers who lease from them.

·       Create a new class of lease, the Standard Medallion Lease, which includes long term lease of a vehicle or conditional purchase of a vehicle. The lease cap for the Standard Medallion Lease takes into account the cost of the vehicle.

 

In addition, as required by the Stipulation and Order of Dismissal of MTBOT, et al., v City of New York, No. 08-7837, these rules rescind the rules that, beginning on May 1, 2009, would have reduced the maximum lease rates that an owner of a non-hybrid taxicab could charge a driver. As a result of a preliminary injunction granted by the district court of the Southern District of New York on June 22, 2009, those rules were never enforced.

 

 

Effective Date: 
Sun, 09/30/2012

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 9, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

This rule amends the Taxi and Limousine Commission’s rules governing the leasing of taxicabs or taxicab medallions. The Commission’s authority to make this rule is found in section 2303 of the New York City Charter and section 19-503 of the New York City Administrative Code.

 

The Commission held a lease cap hearing on May 31, 2012. These rules reflect evidence and testimony gathered at the hearing.

 

The proposed rules:

 

  • Change the mechanism by which medallion owners collect credit card charges from drivers with a lease cap increase.
  • Eliminate the lease cap differential applicable to hybrid vehicles.
  • Authorize (but do not require) lessors who lease their medallions and vehicles on a shift basis to charge a lease cap surcharge for gas they provide to drivers who lease from them.
  • Create a new class of lease, the Standard Medallion Lease, which includes long term lease of a vehicle or conditional purchase of a vehicle. The lease cap for the Standard Medallion Lease takes into account the cost of the vehicle.

 

 

In addition, as required by the Stipulation and Order of Dismissal of MTBOT, et al., v City of New York, No. 08-7837, these rules rescind the rules that, beginning on May 1, 2009, would have reduced the maximum lease rates that an owner of a non-hybrid taxicab could charge a driver. As a result of a preliminary injunction granted by the district court of the Southern District of New York on June 22, 2009, those rules were never enforced.

 

 

Subject: 

The Taxi and Limousine Commission (“TLC”) is considering modifying its rules regulating taxicab lease caps- and the maximum dollar amount per shift for which taxis can be leased.

Location: 
33 Beaver Street, 19th Floor, Commission hearing room
New York, NY 10004
Contact: 

Taxi and Limousine Commission, Office of Legal Affairs, 33 Beaver Street – 22nd Floor, New York, New York 10004

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 9, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rules

 

The purpose of the proposed rule is to:

 

  1. Codify the rooftop device approval process,
  1. Establish safety standards for rooftop devices, and,
  1. Establish a fine for taxicabs that do not comply with the standards.

 

Section 19-525 of the City Administrative Code allows TLC to issue permits for exterior advertising on licensed vehicles and to promulgate rules governing the type and size of advertisements. The TLC only allows advertising on taxicabs with approved rooftop devices. The TLC currently approves taxicab rooftop advertising devices through a Memorandum of Understanding (“MOU”) with each rooftop provider. The MOUs set the standards with which the rooftop device must comply. The proposed rules will replace the MOUs by codifying the approval process stated in them. Rooftop devices currently approved through an MOU will continue to be approved in accordance with the proposed rules.

 

Under the proposed rules, every newly designed rooftop advertising fixture offered by a provider must be approved by the TLC before it can be affixed to a taxicab. A taxicab owner using an unauthorized rooftop advertising fixture will be issued a summons under Rule 58-34.

 

The proposed rule establishes the following safety standards for TLC approval of a new rooftop advertising fixture:

 

  • certification by a licensed professional engineer;
  • proper affixation of advertising content to the fixture;
  • size limits; and,
  • restriction of advertising to the sides of the rooftop fixture.

 

The TLC currently intends that these proposed rules will remain in effect until such time as TLC selects a vendor (or vendors), pursuant to a competitive process, to act as providers for taxicab exterior advertising.

 

 

Keywords:
Subject: 

The Taxi and Limousine Commission (“TLC”) is considering changing its rules for taxicab hack-up and maintenance. The change would set standards for TLC approval of taxicab rooftop advertising fixtures.

Location: 
33 Beaver Street, 19th Floor, Commission hearing room
New York, NY 10004
Contact: 

Taxi and Limousine Commission, Office of Legal Affairs, 33 Beaver Street – 22nd Floor, New York, New York 10004

Download Copy of Proposed Rule (.pdf): 

Pages