§ 58-03 Definitions Specific to this Chapter.
RCNY § 58-03
(a)Reserved.
(b)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.
(c)Administrator for the purposes of this Chapter, will refer to an executor, administrator, conservator, guardian or any other person or entity legally appointed to act on behalf of an Owner of a Taxicab Medallion due to owner's death or incompetency.
(d)Applicant in this chapter means the individual or Business Entity applying for an original or renewal Taxicab License under this Chapter in whose name the License applied for will be issued.
(e)Business Entity in this Chapter includes corporations, partnerships and limited liability companies.
(f)Claim Letter is a letter asserting a possible Excess Claim against an Owner of a Taxicab Medallion or a Taxicab Medallion.
(g)Dispatch. When used in this Chapter, the term Dispatch refers to an Owner sending out one or more Taxicabs for a particular shift; it does NOT mean sending a Taxicab to pick up a particular passenger by pre-arrangement.
(h)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.
(i)Driver in this Chapter means a Taxicab Driver.
(j)Escrow Amount is the amount for which an escrow account is required to be established in order to satisfy one or more Excess Claims.
(k)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.
(l)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.
(m)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).
(n)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.
(o)Legatee means someone to whom the proceeds of an estate are to be distributed.
(p)License in this Chapter means a Taxicab License.
(q)Licensee in this Chapter means the holder of a Taxicab License.
(r)Long Term Driver Affidavit is the document an Owner files with the Commission indicating that a Taxicab will be operated by a Long Term Driver or by Unspecified Drivers.
(s)Market Value in reference to the transfer of a Taxicab Medallion will be the greater of: (i) the actual consideration being paid for the transfer; and (ii) the Fair Market Value.
(t)Maximum Escrow Amount means: (1) The Market Value of the Taxicab Medallion being transferred less the value of any debt or liens secured by the Medallion and the Transfer costs PLUS (2) The value of any proceeds of any refinancing received by the Owner that was not used to reduce any previously existing debt or liens secured by the Medallion following the date of an occurrence of an alleged tort involving the Taxicab which gives rise to a potential Excess Claim (u) Medallion is the numbered plate originally issued by the Commission and affixed to the outside of a Taxicab as physical evidence that the Taxicab has been licensed to operate as a Medallion Taxicab.
(v)MTA Tax is the 50 cent tax on taxicab trips imposed by Article 29-A of the NYS Tax Law.
(w)Owner in this Chapter means an individual or Business Entity licensed by the Commission to own and operate one or more Medallion Taxicabs.
(x)Prior Claim Letter is a Claim Letter received by the Commission prior to February 1, 2009.
(y)Secured Lender Escrow Amount means the Market Value of the Taxicab Medallion being transferred less the value of any debt or liens secured by Medallion and the Transfer Costs.
(z)Secured Lender Recipient means a secured creditor seeking to repossess or foreclose upon a Taxicab Medallion in order to realize the value of its secured interest, but that is not applying to operate the Taxicab Medallion and will not be considered a Transferee provided the Secured Lender Recipient places the Medallion in storage as required in 35 RCNY § 58-46(c).
(aa)Stop-Use Directive is a notice sent to an Owner by the Commission directing the Owner to stop using a designated Agent because that Agent's License has been revoked or suspended.
(bb)Substantial Interest in Taxicab Medallions means direct or indirect ownership of four or more Medallions, that can result from one or more of the following: (1) Ownership of 25 percent or more of the stock in one or more corporations that own Medallions (2) Ownership of 25 percent or more of the membership interests in one or more LLC's that own Medallions (3) A partnership interest in one or more partnerships that own Medallions (4) Being an officer in one or more corporations that, in the aggregate, have a direct or indirect equity interest in four or more Medallions.
(cc)Taxicab License is the authority granted by the Commission for an Applicant to own and operate a designated vehicle as a Taxicab within the Commission's jurisdiction, and is evidenced by the Medallion affixed to the hood of the vehicle.
(dd)Taxpayer is a person or Business Entity required to pay the MTA Tax.
(ee)10% Business Entity Person is a Business Entity Person who owns at least 10% of a Business Entity.
(ff)Tort Letter is a statement from the insurer of a Taxicab stating whether or not the insurer is aware of any Excess Claims against the Taxicab Medallion or its Owner.
(gg)Transfer means the transfer of all or any portion of a Medallion ownership interest, including the transfer of interests in a Business Entity owning Medallions.
(hh)A Transferee is an Applicant seeking approval from or approved by the Chairperson to own and operate a Medallion Taxicab in which Applicant is acquiring an interest, either directly or indirectly, through a transfer described under 35 RCNY § 58-43.
(ii)Transfer Costs means the administrative costs involved in processing a transfer of ownership of a Taxicab Medallion and includes the costs of any foreclosure or similar action and any outstanding fines or fees owed to the Commission or the Parking Violations Bureau.
(jj)Transferor is the Owner of an interest in a Taxicab Medallion being transferred.
(kk)Valid Claim Letter is a Claim Letter which is not a Prior Claim Letter, and which: (1) Is dated no more than one year prior to the date documentation is submitted to the Chairperson for a proposed transfer of a Taxicab Medallion, (2) Sets forth a minimum claim in an amount sufficient to be an "Excess Claim", (3) Includes a copy of the police report regarding the incident in question, and (4) Includes a representation by the sender that the party against which the Excess Claim has been asserted has been provided with a copy of the Claim Letter.
(ll)Unspecified Driver is a term that is entered on a Rate Card indicating that the Taxicab can be driven by any Licensed Taxicab Driver whose name (or category) has been filed with the Commission by the Owner of that Taxicab.
(mm)Wheelchair Passenger. A Wheelchair Passenger is a Passenger using a wheel- chair. (Amended City Record 10/23/2015, eff. 11/22/2015; amended City Record 3/4/2016, eff. 4/3/2016; amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 8/19/2019, eff. 9/18/2019; amended City Record 10/18/2024, eff. 10/18/2024)
