§ 59D-22 Minimum Driver Payment Requirements.
RCNY § 59
(a)A High-Volume For-Hire Service must pay Drivers, at a minimum, the following amounts for each trip dispatched by the Base: (1) Per Mile Rate. For each mile a Driver transports a Passenger in the City on a trip dispatched by the High-Volume For-Hire Service, the High-Volume For-Hire Service must pay the Driver no less than $0.850 per mile for a trip dispatched to a Vehicle that is not an Accessible Vehicle and $1.061 for a trip dispatched to an Accessible Vehicle, divided by the High-Volume For-Hire Service's Utilization Rate, and for trips that begin in the City but end outside of the City, the Base must pay the Driver no less than $1.700 per mile for a trip dispatched to a vehicle that is not an Accessible Vehicle and no less than $2.122 per mile for a trip dispatched to an Accessible Vehicle for each mile a Driver transports a Passenger outside of the City; and (2) Per Minute Rate. Beginning January 1, 2019, for each minute a Driver transports a Passenger in the City on a trip dispatched by the High-Volume For-Hire Service, the High-Volume For-Hire Service must pay the Driver no less than $0.287 per minute, divided by the High-Volume For-Hire Service's Utilization Rate, and for each minute a Driver transports a Passenger outside of the City on a trip dispatched by the High-Volume For-Hire Service that began in the City and ended outside of the City, the High-Volume For-Hire Service must pay the Driver no less than $0.574 per minute.
(3)[Reserved.] (4) Consumer Price Index Adjustments. Beginning March 1, 2024 and continuing each calendar year thereafter, the dollar amounts in the per mile rates and per minute rates contained in this subdivision will be adjusted using the percent increases, if any, in the annual average Consumer Price Index for Urban Wage Earners and Clerical Workers for the NY-NJ-PA metro area between the previous calendar year and two calendar years prior. The Consumer Price Index adjusted per mile and per minute rates will be posted on the Commission's website.
(5)Hourly Payments. If a High-Volume For-Hire Service pays drivers on an hourly basis, the payment the Driver receives for each hour the Driver accepts dispatches from the High-Volume For-Hire Service must be at least the sum of the Per Mile Rate for all miles the Driver transported Passengers during the hour and the Per Minute Rate for all minutes the Driver spent transporting Passengers during the hour. 35 RCNY § 59D-22(a)Fine: $500 per instance of under payment. In addition to the penalty payable to the Commission, the Hearing Officer must order the High-Volume For-Hire Service to pay restitution to the Driver, equal to the amount not paid to the Driver in violation of this rule.Appearance REQUIRED (b) Applied Utilization Rate. The applied Utilization Rate for purposes of calculating the per-minute rate for all High-Volume For-Hire Services will be 53.3%. The applied Utilization Rate for purposes of calculating the per-mile rate for all High-Volume For-Hire Services will be 68.5%.
(c)Driver Access to High-Volume For-Hire Service Applications.
(1)Notice Requirement. A High-Volume For-Hire Service must provide at least 72 hours’ notice to any Driver who could otherwise make themselves available to accept dispatches from that High-Volume For-Hire Service on a calendar day if such High-Volume For-Hire Service will restrict that Driver’s ability to accept dispatches on that calendar day.
(2)Access Requirement. A High-Volume For-Hire Service must allow any Driver who has made themselves available to accept dispatches to continue to be available to accept dispatches for at least 16 hours following their initial availability. If a Driver has not been available to accept dispatches for at least eight consecutive hours, the 16-hour access period restarts.
