§ 59B-12 Compliance with Law – Workers' Compensation.
RCNY § 59
(a)Livery Base Station.
(1)Compliance with Workers' Compensation Law.
(i)Every Livery Base Station must either (A) be a member of the Livery Fund or (B) maintain coverage under the NYS Workers' Compensation Law for all drivers dispatched.
(ii)Every Livery Base Station must maintain either Livery Fund membership or workers' compensation insurance coverage at all times.
(iii)A Livery Base Station that is an Independent Base Station must be a member of Livery Fund. To prove it is a member of the Livery Fund, a Livery Base Station must submit to the Commission: (A) A copy of the affirmation given by the Livery Base Station to the Workers' Compensation Board as required by § 18-c(2) of the NYS Workers' Compensation Law and (B) A copy of any certificate of membership or similar documentation issued by the Livery Fund.
(iv)A Livery Base Station that is not an Independent Base Station must buy insurance providing compensation under the NYS Workers' Compensation Law for all drivers dispatched. To prove that it has bought insurance coverage, a Livery Base Station must submit to the Commission: (A) a current certificate of insurance and (B) proof that the insurer is licensed by the NYS Insurance Department, together with a list of authorized signatories. 35 RCNY § 59B-12(a)(1)Fine: $25 for each day of non-compliance up to $5,000 and either suspension until compliance or Livery Base License revocation.Appearance REQUIRED (2) Audit of Independent Base Stations. The Commission can audit any Independent Base Station as provided in § 18-c(2)(g) of the NYS Workers' Compensation Law.
(3)Coercion Prohibited. An Independent Base Station must not coerce any driver or vehicle owner into making false statements or refrain from reporting any violation of Article 6-G of the NYS Executive Law. 35 RCNY § 59B-12(a)(3)Fine: $1,000 - $5,000 and or suspension of Livery Base License and membership in Livery Fund for up to 2 years.Appearance REQUIRED (4) Enforcement on Request. The Commission will enforce the provisions of this paragraph (4) only at the request of the Livery Fund or the NYS Workers' Compensation Board. The Livery Fund or NYS Workers' Compensation Board can ask the Commission to enforce these rules by filing a complaint against a Livery Base. The complaint will include documentation of the violation.
(v)An Independent Base Station must not make any material misrepresentation about: (A) the number of Vehicles affiliated with the Independent Base Station, (B) the number of owners of such Vehicles, or (C) the number of drivers dispatched by the Independent Base Station. (D) Material misrepresentation includes any temporary alteration of records to reduce the numbers of vehicles or drivers. 35 RCNY § 59B-12(a)(4)(v)Fine: $1,000 - $5,000 and/or Livery Base License suspension or Livery Base License revocation for up to 2 years.Appearance REQUIRED (5) Cessation of Benefits to Drivers. Upon filing with the Workers' Compensation Board to end the payment of benefits to the Driver of an affiliated Vehicle who has recovered from a disability and is ready to return to work, a Base Owner must provide the Driver with documentation that benefits have been stopped in order for the Commission to return that Driver's License. 35 RCNY § 59B-12(a)(5)Fine: $100 - $250Appearance REQUIRED (b) Black Car Bases, Luxury Limousine Bases, and High-Volume For-Hire Services.
(c)Street Hail Livery Bases.
