§ 51-03 Definitions.
RCNY § 51-03
Accessible E-Hail Request. An Accessible E-Hail Request is any request for an Accessible Taxicab or Accessible Street Hail Livery that is initiated via a TLC-licensed E-Hail Application Provider. Accessible Medallion is a Restricted Medallion valid for use only with an Accessible Taxicab. Accessible Street Hail Livery. An Accessible Street Hail Livery is a Street Hail Livery that is required to be used with a Commission approved vehicle that is designed to transport persons in wheelchairs or whose design is altered to permit access and enable the transportation of persons in wheelchairs or contains a physical device permitting such access, in accordance with the Americans with Disabilities Act. Accessible Taxi Dispatcher. The Accessible Taxi Dispatcher is the entity which, under contract with the Commission, will convey dispatches, or requests for accessible service to Drivers of Accessible Taxicabs and to Drivers of Accessible Street Hail Liveries to provide transportation for a Passenger or group of Passengers, at least one of whom must be mobility-impaired, for trips that originate in New York City. Accessible Taxicab is a Vehicle that is licensed by the Commission and that meets the specifications of the Americans with Disabilities Act as described in 35 RCNY § 67-05.2. Accessible Vehicle is a TLC-licensed vehicle designed to permit access to and enable the transportation of persons who use wheelchairs and is authorized by the Commission to transport passengers for hire, by prearrangement. Administrative Code refers to the Administrative Code of the City of New York, including Title 19, "Transportation of Passengers for Hire by Motor Vehicles." Administrator means the duly appointed administrator, executor, executrix or personal representative of an estate. Agent is an individual or Business Entity that has been licensed by the Commission to operate or facilitate the operation of one or more Taxicabs on behalf of the Taxicab owner. Alternative Fuel Medallion is a Restricted Medallion valid for use only with a vehicle powered by compressed natural gas or a hybrid electric vehicle that complies with 35 RCNY § 67-05 and must be used with an Accessible Taxicab Model meeting the specifications set forth in 35 RCNY § 67-05.2. Appeal is the request for review of a decision of a Hearing Officer. Appeals Unit is a unit within the Taxi and Limousine Tribunal at OATH responsible for deciding cases on Appeal, who do not hear cases in the first instance. Applicant is an individual or Business Entity seeking approval from the Commission for a new or renewed License or authorization, or for a change, transfer or other action requiring Commission approval. Associated Base is a For-Hire Base using the same name or trade, business, or operating name as another For-hire Base. Authorization means the Commission's approval to operate a Commuter Van Service within the geographic boundaries specified by the Commission. Authorized means that a Commuter Van Service has been given permission to operate by the Commission. Authorized Driver Education Training refers to a course of training that contains instruction on topics such as Commission rules and procedures, geography, map reading, passenger relations, and courtesy. Authorized License Renewal Course refers to a course of training that is required for renewal of a Driver's License, and that includes topics such as an update of Rule changes, a review of Driver Responsibilities and duties, passenger relations, and an awareness of serving passengers with disabilities. Available Vehicle means a For-Hire Vehicle that is available to accept dispatched trips from a High-Volume For-Hire Service. Base Affiliation is a business arrangement by which a Vehicle is affiliated or associated with a Base. Certain Vehicles must be associated with a specific type of Base and work only with the Base with which it is affiliated. Base (or Base Station) is the Commission licensed business dispatching a particular type of Vehicle. This term is used more specifically in some Chapters. Bidder means an individual submitting a sealed bid for one or more Lots of Taxicab Medallions or a Business Entity to which an individual Bidder assigns a bid. Black Car is a Vehicle that affiliates with a Black Car Base or with a High-Volume For-Hire Service. Black Car Base is a "central dispatch facility" (as the term is defined in New York Executive Law, § 160-cc) and For-Hire Base, excluding a High-Volume For-Hire Service, that operates as follows: (1) All Black Car Vehicles are dispatched on a pre-arranged basis; (2) All Black Car Vehicles are owned by franchisees of the Base or are members of a cooperative that operates the Base; and (3) More than ninety percent (90%) of the Base's business is on a payment basis other than direct cash payment by a Passenger. Black Car Fund is the New York Black Car Operators' Injury Compensation Fund, Inc. established under Article 6-F of the NYS Executive Law. Broker is an individual or Business Entity licensed by the Commission to act as an agent for another person or Business Entity in negotiating either of the following: (1) The transfer of any interest in a Medallion (2) A loan to be secured by a Medallion or a Taxicab. Brokerage is the business of being a Broker. Business Entity is a sole proprietorship, corporation, partnership or limited liability company. A Business Entity can be further limited in a Chapter. Business Entity Persons may mean: (1) The proprietor of a sole proprietorship (2) All shareholders of a corporation (3) All officers of a corporation (4) All partners of a partnership (5) All members of a limited liability company. Certified Taximeter Technician means a technician certified by a Licensed Taximeter Manufacturer to perform work on its Taximeters. Chairperson shall mean the Chairperson of the Taxi and Limousine Commission or his or her designee. Chapter refers to a chapter in these Rules. Chauffeur's License means: (1) A Valid NYS driver's license Class A, B, C or E; or (2) A Valid license of similar class from another state of which the Licensee is a resident. Claim Letter is a letter asserting a possible Excess Claim against an Owner of a Taxicab Medallion. Clean Air Vehicle is a Vehicle that uses a type of fuel which allows the Vehicle to: (1) Receive an air pollution score of 9.0 or higher from the U.S. EPA and (2) Emit 6.4 tons or less of equivalent carbon dioxide per year, as estimated by the U. S. Department of Energy. Clean Air Vehicle Level I is a vehicle that uses a type of fuel which allows the vehicle to: (1) Receive an air pollution score of 9.5 or higher from the U.S. EPA and (2) Emit 5.0 tons or less of equivalent carbon dioxide per year, as estimated by the U. S. Department of Energy. Clean Air Vehicle, Level II is any Clean Air Vehicle that does not meet the standards of a Clean Air Vehicle Level I. Closing Deadline is the date by which a winning Bidder must close on any Lot as established in 35 RCNY § 65-07(a). Collision is a traffic incident involving the impact of a vehicle with another vehicle, person, animal or property. Collisions shall include those events referenced as "incidents" and "accidents" by the New York State Vehicle and Traffic Law. Commercial Motor Vehicle Tax is the tax imposed by §§ 11-801 et seq. of the Administrative Code and includes the amount of any fines and penalties that are due for late or non-payment. Under § 11-802 of the Administrative Code, the vehicle owner, as defined in § 11-801 of the Administrative Code, is responsible for payment of the Commercial Motor Vehicle Tax. Commission means the New York City Taxi and Limousine Commission. Commuter Van Driver's License is a License to drive a Commuter Van Vehicle Commuter Van Service. A service that is Authorized by the Commission to use Commuter Vans to provide transportation into, out of, or within New York City: (1) on a prearranged, regular daily basis, (2) over non-specified or irregular routes, and (3) between a zone in a residential neighborhood and a location which will be a work related central location, a mass transit or mass transportation facility, a shopping center, recreational facility or airport. Commuter Van Vehicle. A motor vehicle having a seating capacity of at least nine (9) but not more than twenty (20) passengers that has been licensed by the Commission to carry passengers for hire in an Authorized Commuter Van Service. Congestion Zone is the geographic area of Manhattan south of and excluding 96th Street. Continuing Sex Trafficking Awareness Training refers to written materials developed and approved by the Commission that meet the requirements of subdivision q of § 19-505 of the Administrative Code. Critical Injury is any injury determined to be critical by the emergency medical service personnel responding to a crash. Cruising is the time a For-Hire Vehicle spends available to receive dispatches from a Base or High-Volume For-Hire Service while not transporting a passenger. Cruising includes the time a For-Hire Vehicle spends driving to pick up a passenger on a trip dispatched by a Base or a High-Volume For-Hire Service. Decal is a sticker issued by the Commission and attached to a For-Hire Vehicle as evidence that it is a Licensed Vehicle. De-licensed means an individual or Business Entity whose License is suspended or revoked. Default is a decision against a Respondent after a Respondent fails to appear for a hearing, enter a plea, or make a request to reschedule as required by 48 RCNY Chapter 5. Defensive Driving Course refers to a course in defensive driving and accident prevention that is approved by the Commission and by the New York State Department of Motor Vehicles. Digital Wallet Application. An application residing on an electronic device which passes user payment data to a point-of-sale device using Near-Field Communication ("NFC") technology, does not receive payment amount information regarding the transaction, and does not modify or edit the amount to be paid. Discretionary Revocation is the imposition of the penalty of revocation when a Rule does not specify that revocation must be imposed (for example, when "revocation" follows "or" or "and/or" in a penalty box); Discretionary Revocation can be sought by the Chairperson for any Rule violation, if the Chairperson determines that the continued licensure of the Respondent presents a threat to public health, safety, or welfare. Dispatch is a request made from a Base Station to a Driver, directing the Driver to provide transportation to a passenger who has previously arranged for such transportation. Dispatch and Pay. A type of E-Payment for a licensed E-Hail Application that allows passengers to pay for E-Hailed Taxicab or Street Hail Livery fares through the E-Hail Application. Dispatch Equipment. The "Dispatch Equipment" is the communications equipment provided by the Accessible Taxi Dispatcher or an acceptable interface with the Taxicab Technology System and the Street Hail Livery Technology System, that allows Approved Drivers operating Accessible Vehicles to receive dispatches from the Accessible Taxi Dispatcher. Dispatch Fee is the fee payable to the Driver of an Accessible Taxicab, according to the Dispatch Fee schedule, for completing or attempting to complete a trip dispatched by the Accessible Taxi Dispatcher. The Dispatch Fee schedule, including cancellation fees and passenger no-show fees, will be determined by the Commission, and posted on the Commission's website, every six months based on a review of available funds and the Accessible Taxi Dispatcher's service rates. Distracted Driving Course means a course of training that is approved by the Commission and that covers the dangers of driving while Using an Electronic Communication Device and about the rules governing the Using of an Electronic Communication Device. DMV means the NYS Department of Motor Vehicles. DMV Points means points assessed by the New York State Department of Motor Vehicles or an equivalent licensing agency of the Driver’s state of residence on a Driver’s Chauffer’s License. Driver is a person licensed by the Commission to drive a Commission-Licensed Vehicle. Driver Authorization Statement is the document an Owner files with the Commission indicating that a Taxicab will be operated by the Named Drivers listed or by Unspecified Drivers, along with the required additional information. Drugs mean any drug or other substance defined as a controlled substance in § 3306 of the Public Health Law. E-Hail is a Hail requested through an E-Hail Application, which can be offered as either a metered fare trip or a Flex Fare trip, at the discretion of the E-Hail Application Provider. An E-Hail can be requested for a trip that is fulfilled by either a Wheelchair Accessible Vehicle or a non-accessible vehicle; the E-Hail Application Provider must be able to provide a Wheelchair Accessible Vehicle option to passengers. E-Hail Application or E-Hail App. A Software program licensed by the TLC under 35 RCNY Chapter 78 residing on a smartphone or other electronic device and integrated with the Technology System which performs one or more of the following functions: 1) allows a passenger to identify the location(s) of available Taxicabs or Street Hail Liveries in a given area and allows a Taxicab or Street Hail Livery Driver to identify the location of a passenger who is currently ready to travel; 2) allows a passenger to hail a Taxicab or Street Hail Livery via the electronic device; 3) allows a Taxicab or Street Hail Livery Driver to receive a hail request from such a passenger if the application provides for connecting a passenger to a Taxicab or Street Hail Livery Driver; or 4) E-Payment. E-Payment. A feature of a licensed E-Hail Application that is either Dispatch and Pay or Hail and Pay. Electronic Communication Device means any portable or hands-free electronic device able to do any of the following: (1) Make a telephone call.
(2)Send or receive a text message.
(3)Allow a user to speak on the device hands-free or operate the device by voice command, even when allowed by New York State Law.
(4)Act as a personal digital assistant.
(5)Send or receive data, voice or images from the internet or from a wireless network.
(6)Act as a laptop or portable computer.
(7)Send or receive pages.
(8)Allow two-way communications between different people or parties.
(9)Play games.
(10)Play music, audio, or video.
(11)Make or display images.
(12)Transfer images, sound, text or messages.
(13)Provide a function which can distract a Driver. Exceptions: Any device specifically authorized to be used while a Driver is driving a Vehicle by a Rule is NOT an Electronic Communication Device. A GPS is NOT an Electronic Communication Device as long as the Vehicle is legally standing or parked while the Driver is inputting or transmitting data. Electronic Trip Record System is the hardware and software that collects and stores the data that must be recorded for each passenger trip. Electronic Tablet / Approved Tablet / Approved Electronic Tablet are terms used interchangeably referring to all Interior Advertising System hardware in For-Hire Vehicles. Email Address is the email address designated by a Licensee or an Applicant for a License where the Licensee or Applicant will receive notices, appointments, reminders or other correspondence from the Commission. Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the Email Address. The Email address is not the Mailing Address. Escrow Amount is the amount for which an escrow account is required to be established in order to satisfy one or more Excess Claims. Excess Claim is a tort claim asserted against the Owner of a Taxicab Medallion for more than the amount of insurance covering the Taxicab at the time the claim arose. Exclusive Listing means that the Broker has been given the right to be the only Broker for a particular transaction. Usually the right will be limited to a specific period of time. Facilitate Sex Trafficking with a Vehicle means (1) conviction of any of the following crimes set forth in the New York State penal law: promoting prostitution in the third degree; promoting prostitution in the second degree; promoting prostitution in the first degree; sex trafficking; or compelling prostitution, and (2) using a vehicle licensed by the Commission to commit such a crime. Fair Market Value in reference to the transfer of a Taxicab Medallion is the average value of arms-length transactions for similar Medallions during the prior calendar month, as determined by the Commission. Final Decision is the decision of the Hearing Officer at the Taxi and Limousine Tribunal at OATH and is subject to the appeals process provided for in 48 RCNY Chapter 5 and the Chairperson review process provided for in 35 RCNY § 68-12. Finding of Public Need is a determination that a CommuterVan Service being proposed will be required either now or in the future for the convenience and necessity of the public. Feed Line is the line of Taxicabs that feeds into the specific pick-up location to pick up a Passenger. Fit to Hold a License means • The Applicant or Licensee meets and will continue to meet all of the qualifications for the License sought or held as established by applicable Rules and laws. • The Applicant or Licensee is of good moral character. • The Applicant or Licensee has been and will be candid and forthcoming with the Commission and honest in dealing with the public. • The Applicant or Licensee has reliably complied with and will reliably comply with all of the rules and laws associated with holding the particular TLC License. • Where an Applicant has engaged in conduct that resulted or could have resulted in the suspension or revocation of a TLC License, the Applicant shows that he or she will not engage in similar conduct in the future. Flat Rate is a definite dollar amount that will be charged to a Taxicab passenger for a specific trip, and is fixed before the trip begins (NOTE: "double the Taximeter" is not a Flat Rate) Fleet is a Business Entity organized for the purpose of owning or operating Taxicabs that meets the following requirements: (1) Controls a minimum of 25 Taxicabs (2) has a single business location that is adequate for the storage, maintenance, repair and dispatch of the Fleet Taxicabs and the storage and maintenance of records (3) operates with a dispatcher on the premises at least 18 hours every day, who assigns Drivers to Fleet Taxicabs. Flex Fare Trip is an E-Hail requested through a TLC-licensed E-Hail application for yellow taxicabs and Street Hail Liveries with an upfront, non-metered, binding fare in dollars and cents, inclusive of all taxes, fees, and any price multiplier, for the specific trip requested, prior to dispatching the trip. Flex Fare Rate Schedule is a rate schedule subject to approval by the Commission, outlining the manner in which the E-Hail App will calculate fares, including the rate of fare it will use, any variable or surge pricing policies, the breakdown of surcharges (no-show fees, cancelation fees, MTA Tax, Taxicab/SHL Improvement, etc.) and any other fees charged to the passengers. For-Hire Base (or "Base") is the Commission-licensed business for dispatching For-Hire Vehicles and the physical location from which For-Hire Vehicles are dispatched; a For Hire Base can be any of the following: A Black Car Base, A Livery Base (or Base Station), A Luxury Limousine Base, A High-Volume For-Hire Service. For-Hire Driver is the Driver of a For-Hire Vehicle. For-Hire Vehicle is a motor Vehicle licensed by the Commission to carry Passengers for-hire in the City, which: (1) Has a seating capacity of 20 or fewer Passengers (2) Has three or more doors; (3) Is not a Taxicab, a Commuter Van, or an authorized bus as defined by NYS law. GPS means a device using a global positioning navigation system to which all of the following apply: (1) The GPS uses a voice function to convey directions.
