§ 61B-04 Authorization – Requirements.
RCNY § 61
(a)[Reserved.] ID.
(b)[Reserved.] Age.
(c)Fingerprinting to Verify Good Moral Character.
(1)An Applicant for a new Service Authorization must be fingerprinted for the purpose of securing criminal history records from the NYS Division of Criminal Justice Services.
(2)An Applicant for a renewal of a Service Authorization must be fingerprinted when a new Finding of Public Need is also required.
(3)Fingerprints will be taken of all of the Applicant's Limited Business Entity Persons.
(4)If the Applicant intends to add or change any additional Limited Business Entity Persons, the Applicant must apply for the Commission's approval within five days of the change or addition, and those additional Limited Business Entity Persons must be fingerprinted either before or during the Commission's approval process.
(5)The Applicant must pay any processing fee required by the State.
(d)Fitness to Hold Authorization. No Commuter-Van Service Authorization can be issued or renewed unless an Applicant demonstrates to the satisfaction of the Commission that the Applicant is Fit to Hold a License (Authorization) to operate a Commuter-Van Service.
(e)Designate Driver as Agent for Service. An Applicant must agree that any Commuter-Van Driver who drives for Owner's Commuter-Van Service will be considered an agent of the Service Owner for purposes of accepting service of any and all legal process issued by any department of the City of New York.
(f)Forms and Filing. An application for a Commuter-Van Service Authorization or renewal must be submitted on forms provided by the Commission, signed by the applicant, and personally filed with the Commission.
(g)Certification of Compliance with ADA. An applicant for an Authorization to operate a Commuter-Van Service or its renewal must certify by affidavit, annually, that the Commuter-Van Service is in compliance with Title III of the Federal Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
(h)Certification of Compliance with Federal Omnibus Testing Act. An Applicant for an Authorization to operate a Commuter-Van Service or for its renewal must certify by affidavit, annually, that the Commuter-Van Service is in compliance with all applicable provisions of section 5 of the Federal Omnibus Transportation Testing Act of 1991 (49 U.S.C. App. § 2717), as amended, and all regulations relating to the Act.
(i)A "Finding of Public Need".
(ii)The application must include the following information: A. The geographic area proposed to be served by the Applicant; B. The maximum number of vehicles to be operated; and C. The capacity of each vehicle.
(iii)The Applicant has the burden of demonstrating that the proposed service will be required now or in the future for the convenience and necessity of the public.
(iv)If the Commissioner of Transportation makes a Finding of Public Need, the Finding must specify the geographic area where service is authorized and the number of Commuter-Van Vehicles authorized to be used in providing the service.
(j)Payment of Fines and Fees.
(k)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.
(l)Address. An Applicant must give the Commission the Applicant's current Mailing Address and Email Address. (Amended City Record 6/15/2017, eff. 7/15/2017)
