§ 57-14 Operations – Passenger and Driver Safety.
RCNY § 57-14
(a)Reckless Driving Rule. A Driver must not operate a Commuter Van in a manner or at a speed that unreasonably endangers users of other vehicles, pedestrians, or the Passengers. 35 RCNY § 57-14(a)Fine: $350 - $1,000 and/or suspension up to 30 days, or revocation if Driver is found guilty of having violated this rule more than three times within an 18-month periodAppearance REQUIRED (b) Use of Electronic Communication Device.
(1)A Driver must not Use an Electronic Communication Device while operating a Vehicle. A Driver can Use an Electronic Communication Device only while the Vehicle is lawfully standing or parked. 35 RCNY § 57-14(b)(1)Fine: $250 if plead guilty before a hearing; $350 if found guilty following a hearing, and suspension.Appearance NOT REQUIRED (2) In addition to the penalties provided above for any violation of this Rule, a Driver convicted of a violation of this Rule must complete a Distracted Driving Course no later than 60 days after the date of conviction. The license of a Driver who does not complete the Distracted Driving Course within the 60 day period will be suspended until compliance. Penalty: Suspension until compliance if course not completed within 60 days of the date of conviction. The Driver must provide proof that the course was completed.
(3)Affirmative Defense. A Driver can offer an affirmative defense to a charge of Using an Electronic Communication Device under this Rule if all of the following are true: (i) The communication was to an emergency response operator; (ii) The communication reports an imminent threat to life or property; (iii) The Driver could not safely stop the Vehicle to make the report; and (iv) The Driver provides documentary proof of communication with an emergency response provider.
(c)(1) Report Before Leaving Scene. A Driver who knows or should have known that a Collision involving the Driver's Commuter Van resulted in personal injury to another or damage to another's property, must stop before leaving the scene of the Collision, and if the other involved party is present, must: (i) Show his or her Chauffeur's License, Commuter Van Driver's License, and Vehicle License to the party sustaining the damage.
(ii)Give the other involved party his or her name, Chauffeur's License number, the Vehicle owner's name, the affiliated Commuter Van Service name and telephone number, Commuter Van Driver's License number, and Vehicle License number, as well as the name of the Vehicle's insurance carrier and the insurance policy number. 35 RCNY § 57-14(c)(1)Fine: $350 and/or suspension up to 30 days or revocation if Driver is found guilty of having violated this rule more than three times within a 12-month period.Appearance REQUIRED (2) Notify Commuter Vans Service of Collision. If the Driver is involved in a Collision, the Driver must immediately report the Collision to the owner of the Commuter Van Service. 35 RCNY § 57-14(c)(2)Fine: $100Appearance NOT REQUIRED (d) Serious Crashes. A serious crash is one in which any person has suffered Critical Injury or death. "Critical Injury," for purposes of this section, means any injury determined to be critical by the emergency medical service personnel responding to such crash.
(i)If a Driver has been issued a summons for or charged with one or more traffic related violations or crimes in a serious crash, the Driver's License may be Summarily Suspended, upon a finding that the Driver's conduct was a substantial cause of the Serious Crash. Upon conviction of the Driver of one or more of the violations or crimes stated in the summons or charges and upon a determination that one or more of the violations or crimes for which conviction occurred was a cause of Critical Injury or death, the License will be revoked. A Summary Suspension pursuant to this section may be lifted pursuant to this Title or upon dismissal of all such charges or upon a finding of not guilty of all of the stated traffic related violations and crimes, except that the Chairperson may continue to suspend the license pursuant to an investigation into the Driver's fitness, and such license may be revoked if the Driver is found not Fit to Hold a License (see subdivision (ii)). This section does not limit in any way the Chairperson's authority to Summarily Suspend a Driver for other reasons.
