§ 59A-04 Licensing – General Requirements.
RCNY § 59
(a)[Reserved.] Identification.
(b)[Reserved.] Age.
(c)[Reserved.] Fingerprinting for Good Moral Character.
(d)Designate Drivers as Agents to Receive Service.
(1)An Applicant for a For-Hire Vehicle License (and a Licensee) must designate every Driver who operates one of Owner's Vehicles as an agent for accepting service of summons or Commission notices to correct defects in the Vehicle.
(i)Delivery of the summons or notice to correct defect(s) to a Driver will be adequate notice to the Vehicle Owner.
(ii)The Commission will send a photocopy of any summons or notice to correct defect(s) to the Vehicle Owner and the Base Owner of record.
(2)An Applicant for a For-Hire Vehicle License (and a Licensee) must designate every Driver who operates one of Owner's Vehicles as agent for service of any legal process from the Commission that can be issued against the Owner.
(e)Inspection Required for a New Vehicle License.
(3)The maximum number of inspections allowed in this 60-day period is four.
(4)The maximum limit of four inspections applies whether the Applicant submits only the original vehicle, or also submits a replacement vehicle.
(5)Failure of the original vehicle or any replacement vehicle to pass an inspection after four tries within the 60-day period will result in denial of the application.
(6)Nature of the Inspection.
(iii)Unless exempt under (i), if the vehicle is a year 1995 or earlier model, or if the vehicle is of any model year and the vehicle's maximum gross weight (MGW) as recorded on the registration card, is 8,501 pounds or more: A. The vehicle must pass (i) the vehicle inspection requirements set forth in Section 301 of the NYS Vehicle and Traffic Law, except that the inspections will not include emissions testing, (ii) a visual inspection of the interior and exterior of the vehicle to verify compliance with these Rules, and (iii) inspection to verify compliance with any other applicable laws, rules and requirements. B. The inspection will not count as one of the "tri-annual" inspections required by 35 RCNY § 59A-26.
(7)The Commission's fee for a required Commission inspection is $75; this fee includes the certificate of inspection issued when the vehicle passes inspection. Inspection fees must be prepaid with each application and renewal application.
(8)Reinspection Fee. A reinspection fee can be required if a vehicle must be reinspected. There is a reinspection fee only if reinspection is required because the vehicle failed a component of the inspection required by Section 301 of the NYS Vehicle and Traffic Law. In that case, the reinspection fee is the maximum fee allowed by DMV regulation for any component that must be reinspected. If reinspection is required because the vehicle failed any other component of the inspection, there is no reinspection fee.
(9)If the vehicle was altered after manufacture and seats 10 or more passengers (including the driver) and is not exempt from inspection by the NYS Department of Transportation, the vehicle must pass an inspection by the NYS Department of Transportation. The vehicle must also pass a visual inspection by the Commission.
(f)Inspection Required to Renew a Vehicle License.
(g)[Reserved.] Vehicle Owner Training.
(h)Affiliation Required. All Applicants for a For-Hire Vehicle License must demonstrate that they are affiliated with an appropriate For-Hire Base.
(j)One License per Vehicle. Only one For-Hire Vehicle License will be issued and in effect for any vehicle, as indicated by the vehicle identification number, at any one time.
(k)[Reserved.] Special Requirements for Black Car Affiliation.
(l)Payment of Fines and Fees.
(m)Business Entities. An Applicant which is a Business Entity must provide the following documents: (1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership's principal place of business is located.
(n)Address. An Applicant must give the Commission the Applicant's current Mailing Address and Email Address.
(o)Fit to Hold a License. An Applicant for a For-Hire Vehicle License must demonstrate that the Applicant is Fit to Hold a License.
(p)Registration. An Applicant for a new or renewal For-Hire Vehicle License must demonstrate that the vehicle has been properly registered. For a vehicle that has been modified after manufacture, this means the Applicant must show that the vehicle was properly re-registered with NYS after modification.
(q)Operating Authority. An Applicant for a new or renewal For-Hire Vehicle License must show that the vehicle possesses a current and Valid operating authority license from NYS and a current and Valid MC300 Vehicle inspection form if the vehicle is not exempt from NYS DOT inspection and operating authority requirements and either of the following are true.
(r)Exempt Vehicles. An Applicant for a new or renewal For-Hire Vehicle License for a vehicle which has been modified and IS exempt from NYS Department of Transportation inspection and operating authority requirements must show an exemption letter from the NYS Department of Transportation.
(s)Warranty. An Applicant for a new For-Hire Vehicle License for a vehicle which has been modified after manufacture (except in a program supported by the original vehicle manufacturer) must provide evidence of warranty from the vehicle modifier that the vehicle will be free from defects in material and workmanship, including that the chassis and frame will be free from defects for a period of 3 years or 60,000 miles, whichever comes first.
(t)Modifier Insurance Coverage. An Applicant for a new or renewal For-Hire Vehicle License for a vehicle which has been modified after manufacture (except in a program supported by the original vehicle manufacturer) must provide evidence that the modifier maintains a General Liability Insurance Policy in a minimum amount of $5,000,000.
(u)Commercial Motor Vehicle Tax.
