§ 82-40 Vehicle Equipment – Taximeter & Technology System Tampering.
RCNY § 82-40
(a)Unauthorized Tampering. Unless authorized by the Commission, no person may tamper with, alter, repair or attempt to repair any portion of the Taximeter system that would affect the operation of the Taximeter or the Technology System, including, but not limited to: (1) The Taximeter (2) The Technology System (3) Any seal affixed to the Street Hail Livery by a licensed Taximeter repair shop or other authorized facility (4) Any cable connection, cable system electrical wiring, or wireless connections of a Taximeter or Technology System (5) The vehicle's mechanism or its tires that would affect the operation of the Taximeter or of the Technology System.
(b)Licensee's Responsibility. The Licensee is responsible for any tampering, alteration or any unauthorized repair or attempt to repair. 35 RCNY § 82-40(a) & (b)Fine: $250 – 1,500 and/or suspension up to 30 days. Suspension until compliance under to 35 RCNY § 68-16Appearance N/A (c) Licensee's Defense. It will be an affirmative defense to a violation of this section that the Licensee: (1) Did not know of or participate in the alleged tampering of the Taximeter or Technology System; and (2) Exercised due diligence to ensure that tampering with the Taximeter or Technology System would not occur. Examples of a Licensee's due diligence include, but are not limited to: (i) Clearly warning Drivers that if they violate the Taximeter or Technology System tampering rules, Licensee will: A. Immediately terminate any lease agreement the Street Hail Livery Licensee has with the Driver; and B. Report the tampering violation to the Commission, which will result in the probable revocation of their TLC Driver License; (ii) Including the warning against violating the Taximeter and Technology System tampering rules as a provision in any written lease agreement; (iii) Stamping the warning against violating the Taximeter and Technology System tampering rules on any written Trip Records whenever paper Trip Records must be issued to one or more Street Hail Livery Drivers; (iv) Conducting periodic random comparisons of the odometer and the Taximeter mileage readings of a Street Hail Livery to check for any inappropriate disparities; (v) Conducting periodic random inspections of the Taximeter and the Technology System to detect any evidence of tampering; and (vi) Having all of the Street Hail Livery inspected by a licensed Taximeter shop once every inspection cycle.
(d)Notify the Commission of Tampered, Unauthorized or Removed Taximeter. A Licensee must notify the Commission by telephone immediately, and in writing within 24 hours, upon discovering any of the following: (1) Any Taximeter other than the Taximeter approved by the Commission (as indicated on the Rate Card) has been installed in the Street Hail Livery; (2) Any Taximeter seal in the Street Hail Livery has been removed or tampered with; (3) Any unauthorized device has been connected to any Taximeter, or to any seal, cable connection or electrical wiring, in the Street Hail Livery, which can affect the operation of the Taximeter; (4) Any intervening connections, splices, "Y" connections or direct or indirect interruptions or connections of any kind whatsoever have been discovered on any wiring harness attached to the Taximeter in the Street Hail Livery. 35 RCNY § 82-40(d)(1)-(4)Fine: $500 - $1,000 and/or suspension up to 60 days or revocationAppearance REQUIRED (e) Inspections by Authorized Person.
(1)A Street Hail Livery's Taximeter must be tested for accuracy over a measured mile course and its installation must be tested for compliance with the rules of the Commission.
(2)Only personnel authorized by the Commission can perform these tests.
(3)The inspections specified in paragraph one of this subdivision must be completed and the results of the tests indicated on the Rate Card in each of the following circumstances: (i) At least once every 12 months. 35 RCNY § 82-40(e)(3)(i)Fine: $150 if plead guilty before a hearing; $200 if found guilty following a hearing.Appearance NOT REQUIRED (ii) Whenever a Taximeter is installed in a vehicle or when a Taximeter's metrological system is updated. 35 RCNY § 82-40(e)(3)(ii)Fine: $100Appearance NOT REQUIRED (iii) When the transmission or differential is altered, repaired or replaced. 35 RCNY § 82-40(e)(3)(iii)Fine: $50Appearance NOT REQUIRED (iv) When a change is made in any other part of the Street Hail Livery that can affect the Taximeter reading. 35 RCNY § 82-40(e)(3)(iv)Fine: $50Appearance NOT REQUIRED (v) At any other time required by the Commission. 35 RCNY § 82-40(e)(3)(v)Fine: $100Appearance NOT REQUIRED (Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 5/17/2018, eff. 6/16/2018)
