§ 58-18 Operations – Management Oversight.
RCNY § 58-18
(a)Direct Owner Operations. The Commission will hold the Owner of every Taxicab accountable for hands-on operation of the Taxicabs and expects the Owner to be personally responsible for: (1) Physically observing the Taxicabs (2) Overseeing compliance with Taxicab inspection requirements (3) Overseeing compliance with insurance and all other regulatory requirements (4) Communicating with Drivers (where the Owners vehicles are driven by Drivers other than him/herself).
(b)Indirect Owner Operations.
(1)Notwithstanding the provisions in 35 RCNY § 58-18(a) above, an Owner can authorize employees or a Licensed Agent to perform any or all such functions.
(2)The use of an employee or Agent will not relieve an Owner of any obligation under these rules.
(3)An Owner remains fully accountable for all violations of Commission rules, committed by any employee or Agent in the operation of Owner's Medallion(s).
(c)Owner's Use of Agents.
(i)An Owner can designate an Agent to act on the Owner's behalf to operate a Licensed Taxicab and perform all required functions.
(ii)The Agent must be licensed by the Commission in under with Chapter 63 of these Rules.
(iii)The designation will remain in effect until: A. The Owner revokes the designation and notifies the Commission, or B. The Commission suspends or revokes the Agent's License and notifies the Owner. 35 RCNY § 58-18(c)(1)Fine: $500 - 1,000 and/or suspension up to 30 daysAppearance REQUIRED (2) File Designation with the Commission. Prior to the use of an Agent, an Owner must file a designation of the Agent with the Commission. 35 RCNY § 58-18(c)(2)Fine: $200Appearance NOT REQUIRED (3) Owner Can Use Only One Agent. An Owner must not designate or use more than one Agent regardless of the number of Medallions in which Owner has an interest. 35 RCNY § 58-18(c)(3)Fine: $200Appearance NOT REQUIRED (d) Limitations on Owner's Use of an Agent.
(iv)If an Owner seeks to designate an Agent who is the subject of a current Stop-Use Directive, the Commission will reject the designation and inform the Owner that the Agent's License is suspended or revoked.
(5)Provisions of this Section Cannot be Waived by Contract.
