NEWS NEWS
Industry Notice #11-15
ATTENTION: FOR-HIRE VEHICLE DRIVERS RECEIVING DISPATCHES VIA SMARTPHONE APPS
There has been a recent increase in the development and use of smartphone applications (or apps) for purposes of requesting and dispatching for-hire vehicle trips. While the use of these apps by for-hire vehicles and for-hire vehicle bases is permitted, this use must be in compliance with TLC regulations.
For-hire vehicle owners and drivers may NOT contract directly with a smartphone app developer without the approval and involvement of their bases. If you are accepting dispatches via a smartphone app that is not authorized by the base you are affiliated with you are doing so in violation of TLC regulations.
If you are unsure whether a smartphone app you may be using is going through your base you should contact your base immediately. If you have further questions about whether an app conforms to TLC regulations you can contact TLC at the following email address:
DispatchApps@tlc.nyc.gov.
Attention: Yellow Medallion Taxicab Drivers
This is a reminder that you are NOT permitted to use smartphone apps for dispatch. As a yellow medallion taxi driver you may only pick up passengers that hail you.
TLC TRIBUNAL TRANSFERRED TO OATH
As of July 3, 2011, the New York City Taxi and Limousine Commission's (TLC) adjudications function has been effectively transferred to the Office of Administrative Trials and Hearings (OATH). As announced by Mayor Michael R. Bloomberg, Executive Order 148 transfers all management of the administrative tribunal of the TLC to OATH.
OATH is independent of the agencies that write tickets and is dedicated to enhancing the professionalism of the City's administrative judiciary. OATH's oversight of these cases will also ensure that they move more quickly. While the OATH transfer adds an additional layer to the adjudicative appeals process there will be virtually no appreciable, tangible difference in the tribunal's day to day processes.
UPDATED PENALTIES FOR VIOLATIONS OF THE LAWS AND REGULATIONS THAT GOVERN NEW YORK CITY TAXI LIMOUSINE LICENSEES EFFECTIVE JULY 1, 2011
At a recent public meeting held on May 19, 2011, the New York City Taxi and Limousine Commission approved an update of many of the penalties for proven violations of the laws and regulations that govern its licensees. These changes which are in effect as of July 1, 2011, may be viewed on the TLC website: www.nyc.gov/html/tlc
| New Rule | Description | Pre hearing | Post hearing | Appearance |
| 54-04(n)(3)-(4) | Accessible Training | $50.00 | $75.00 | no |
| 54-11(a) | Operated with suspended or revoked TLC license | $400.00 | no | |
| 54-11(b)(1) | DMV License | $400.00 | no | |
| 54-12(a) | Offer Bribe | $10,000.00 and revocation | yes | |
| 54-12(b) | Failure to report bribery | $1,000.00 | yes | |
| 54-12(h) | Notify TLC of felony conviction | $100.00 | $250.00 | no |
| 54-12(i)(1)-(2) | Failure to comply with Commission | $300.00 | yes | |
| 54-12(j) | Failure to cooperate with Law Enforcement | $300.00 | $400.00 | no |
| 54-13(a)1 | Traffic Rules (Stationary) | $100.00 | $200.00 | no |
| 54-13(a)2 | Non- hazardous moving vehicle | $200.00 | $300.00 | no |
| 54-13(a)3 | Hazardous moving violations | $300.00 | $400.00 | no |
| 54-14(e)(1) | Used a portable or hands -free device | $250.00 | $350.00 | no |
| 54-15(d) | Driver locked the taxi cab back doors | $300.00 | $400.00 | no |
| 54-15(f)(1-3) | Driver operated cab without EZ pass | $150.00 | $200.00 | no |
| 54-15(g) | Driver drove with more than the permissible number of passengers to ride in cab | $100.00 | $150.00 | no |
| 54-15(l) | Driver was not courteous to passenger | $200.00 | $300.00 | no |
| 54-15(m)(1) | Driver failed to follow off-duty procedure | $100.00 | $150.00 | no |
| 54-16(a) | Driver failed to take the shortest route available | $100.00 | $150.00 | no |
| 54-16(d) | Driver failed to give passenger a reciept | $50.00 | $75.00 | no |
| 54-17(e)(2) and (3) | Driver failed to accept credit or debit card for payment | $200.00 | $300.00 | no |
| 54-19(a)(7) | Driver solicited passengers at airports or w/n 100 ft of taxi stand | $100.00 | $150.00 | no |
| 54-19(b)(1) | Driver interferes w/a taxi driver’s right to take a position at any taxi stand having a vacancy | $100.00 | $150 | no |
| 54-19(b)(2) | Driver may not repair taxi at taxi stand unless emergency | $100.00 | $150 | no |
| 54-19(b)(3) | Driver must take rear position on taxi stand line | $100.00 | $150 | no |
| 54-19(b)(4) | Exceeds time limits on driver occupying taxi stand | $100.00 | $150 | no |
| 54-19(b)(5) | Driver must be ready to accept passengers on taxi stand line | $100.00 | $150 | no |
| 54-19(b)(6) | Parking/ standing by a fire hydrant | $100.00 | $150 | no |
| 54-22(b) | Operated a taxi cab without personal inspection or without equipment in proper condition | $50.00 | $75.00 | no |
| 54-23(a)(1) | TPEP | $150.00 | $200.00 | no |
| 54-23(a)(2) | License not in frame | $100.00 | $150.00 | yes |
| 54-23(a)(3) | Rate card not in frame | $50.00 | $100.00 | no |
| 54-23(a)(4) | No NYC five borough map | $25.00 | $50.00 | no |
| 54-23(a)(5) | No receipts | $25.00 | $50.00 | no |
| 54-23(b)(1) | Driver obstructed passengers view of any item required in taxicab | $100.00 | $150.00 | no |
| 54-26(b)(1) | Failed to engage taximeter in "hired"postion upon picking up passenger | $200.00 | no | |
| 55-10(a) | Driver must notifiy TLC of loss or theft of TLC driver license | $50.00 | no | |
| 55-10(b) | Driver must surrender unreadable TLC license | $50.00 | no | |
| 55-10(d) | Whenever driver’s appearance has significantly changed, must have TLC take new photo for license | $50.00 | ||
| 55-11(b) | Driver drove without a valid DMV license | $400.00 and suspension until compliance | no | |
| 55-11(b)(2) | Driver must immediately surrender TLC license upon restriction, suspension or revocation of DMV license | $100.00 | no | |
| 55-12(a)(3) | Failure to report a bribery | $1,000 and/or suspension up to 30 days or revocation | yes | |
| 55-12(h)(1) | Failure to report felony conviction to TLC | $100.00 | $250.00 | no |
| 55-12(i)(1+2) | Failure to comply | $300.00 and suspension until compliance | yes | |
| 55-12(j)(1)+(2) | Failure to cooperate | $300.00 | $400.00 | no |
| 55-12(k) | Driver must be courteous to passsengers | $200.00 | $300.00 | no |
| 55-13(a)(1) | Stationary vehicles | $100.00 | $200.00 | no |
| 55-13(a)(2) | Non- hazardous moving vehicle | $200.00 | $300.00 | no |
| 55-13(a)(3) | Hazardous moving violations | $300.00 | $400.00 | no |
| 55-14(g)(1) | Driver used portable hands free electronic device while operating a FHV | $250.00 | $350.00 | no |
| 55-23(a)(1-3) | Items required in FHV | $100.00 | $150.00 | no |
| 56-10(c) | Loss or theft of Paratransit license | $50.00 | no | |
| 56-10(d) | Immediately surrender unreadable, unrecognizable or mutilated paratransit driver's license | $50.00 | no | |
| 56-10(e) | Keep photo updated | $50.00 | no | |
| 56-11(b) | Driver must have valid license | $400.00 and suspension until compliance | no | |
| 56-11(c) | Driver must have valid chauffeur’s license | $400.00 and suspension until compliance | no | |
| 56-11(d) | Driver must possess valid paratransit license | $400.00 | no | |
| 56-12(a) | No bribery | $10,000.00 and revocaction | yes | |
| 56-12(b) | Report request for bribe | $1,000.00 and/or suspension up to 30 daysor revocation | yes | |
| 56-12(c) | No fraud theft | $350-$1000 and/or suspension 30 days or revocation | yes | |
| 56-12(d) | No willful acts of omission | $150-$350 | yes | |
| 56-12(e) | No willful acts of commission | $150-$350 | yes | |
| 56-12(f) | Notify of criminal conviction | $100.00 | $250.00 | no |
| 56-12(g)(1-2) | Cooperate with the commission | $300.00 | yes | |
| 56-12(h) | Cooperate with law enforcement | $300.00 | $400.00 | no |
| 56-12(i) | Threats, harassment, abuse | $350-$1000 and/or suspension up to 30 days | yes | |
| 56-12(j) | Use or threat of physical force | $500-$1500 and suspension up to 30 days and revocation | yes | |
| 56-13(a)(1) | Laws, rules or regulations governing stationary vehicles | $100.00 | $200.00 | no |
| 56-13(a)(2) | Laws, rules or regulations governing moving vehicles | $200.00 | $300.00 | no |
| 56-13(a)(3) | Hazardous moving violations | $300.00 | $400.00 | no |
| 56-14(b) | Reckless driving rule | $350-$1000 and/or suspension up to 30 days | yes | |
| 56-14(i)(1) | driver must not use an electronic communication device | $250.00 | $350.00 | no |
| 56-15(q) | driver must be courteous to passsengers | $200.00 | $300.00 | no |
| 57-10(a) | Commuter van driver must report loss/theft of driver's license | $50.00 | no | |
| 57-10(b) | Commuter van driver must surrender unreadable/unrecognizable driver's license | $50.00 | no | |
| 57-10(c) | Commuter van driver cannot alter license | $50.00 | no | |
| 57-10(d) | Commuter van driver must take new license photo if appearance significantly change | $50.00 | no | |
| 57-11(a) | Operated a commuter van without the appropiate license | $400.00 and suspension until compliance | no | |
| 57-11(b) | Driver must have valid DMV license | $400.00 | no | |
| 57-11(c) | Operator of commuter van licensed must meet the qualifications of Article 19A | $400.00 and suspension until compliance | no | |
| 57-12(a)(1) | Driver must not offer bribe | $10,000.00 and revocation | yes | |
| 57-12(a)(2) | Report a bribe | $1,000.00 and up to 30 days suspension or revocation | yes | |
| 57-12(b) | Driver must not commit acts of fraud, misrepresentation or theft. | $350-1000 | yes | |
| 57-12(c) | Driver must not use or attempt to use physical force against person or service animal. | $500-$1,500 | yes | |
| 57-12(d) | Driver must report criminal conviction. | $100.00 | $250.00 | no |
| 57-12(e)(1) | Failure to comply | $300.00 and suspension until compliance | yes | |
| 57-12(e)(2) | Failure to comply with Law Enforcement | $300.00 | $400.00 | no |
| 57-12(e)(3) | Driver must produce any documents required to be kept w/n 10 days. | $300.00 and suspension until compliance | yes | |
| 57-12(f) | Driver may not commit willfull acts of omission against best interests of the public | $150-$350 | yes | |
| 57-12(g) | Driver may not commit willfull acts of commission against best interests of the public | $150-$350 and up to 30 days suspension or revocation | yes | |
| 57-12(h) | Driver must be courteous to passsengers | $200.00 | $300.00 | no |
| 57-12(i) | Driver must not threaten, harass or abuse any person or distract any service animal. | $350-$1,000 and up to 30 days suspension or revocation | yes | |
| 57-13(c)(1) | Traffic laws regarding stationary vehicles. | $100.00 | $200.00 | no |
| 57-13(c)(2) | Traffic laws regarding non- hazardous moving vehicles | $200.00 | $300.00 | no |
| 57-13(c)(3) | Laws governing hazardous moving violations. | $300.00 | $400.00 | no |
| 57-14(a) | Driver must not operate a commuter van in a manner or at a speed that unreasonably endangers others | $350-$1,000 and/or suspension up to 30 days or revocation | yes | |
| 57-14(b)(1) | Driver must not use electronic communication device while driving. | $250.00 | $350.00 | no |
| 58-06(c) | Owner must file license renewal on time | $300.00 and/or suspension up to 30 days | yes | |
| 58-11(a) | Owner must not alter the rate card | $50.00 | $100.00 | no |
| 58-11(e) | Owner failed to surrender rate card within 48 hours of revocation or suspension | $200.00 | $300.00 | no |
| 58-12(a) | Taxi must have valid license and valid medallion | $300.00 and/or suspension up to 30 days | yes | |
| 58-12(d)(1) | Owner allowed a person to drive taxi with a suspended or revoked license | $400.00 and/or suspension up to 30 days | yes | |
| 58-12(d)(2) | Owner allowed a inlicensed TLC driver to drive a taxi | $400.00 and/or suspension up to 30 days | yes | |
| 58-15(a)(3) | Failure to report bribery attempt | $1,000.00 and/or suspension up to 30 days | no | |
| 58-15(c) | Ommission | $150-$350 and/or suspension up to 30 days or revocation | yes | |
| 58-15(d) | Commission | $150-$350 and/or suspension up to 30 days or revocation | yes | |
| 58-15(i)(1) | Failed to comply | $300.00 and summary suspension | no | |
| 58-16(a) | Failed to comply with the commission's taxicab specifications | $200.00 | $300.00 | no |
| 58-20(c) | Owner did not ensure that driver of accessible vehicle had a certificate of completion for training | $100.00 | $150.00 | no |
| 58-30(a) | Failed to have all eqipment in good working order | $150.00 | $200.00 | no |
| 58-31(a) | Taxicabs exterior and\or interior not clean | $50.00 | $75.00 | no |
| 58-31(f) | Medallion number in front and rear of roof light not clear and\or unbostructed | $50.00 | $75.00 | no |
| 58-32(c) | Displayed unauthorized markings\advertisings etc., on vehicle w\o commission's authroization | $50.00 | $75.00 | no |
| 58-34(d) | Taxi must be equipped with a trouble light | $175.00 and suspension until compliance | no | |
| 58-36(a) | Taxi w/o partition must be equipped with a functioning in vehicle camera system | $350.00 and suspension until compliance | $450.00 and suspension until compliance | no |
| 58-39(e)3(i) | Failed to have taximeter tested within one year of date of last test | $150.00 | $200.00 | no |
| 58-41(a) | Taxicab technology system not in good working order and\or four core services not functioning at all times | $150.00 and suspension until compliance | $200.00 and suspension until compliance | no |
| 59A-11(d) | Operating for hire vehicle with an expired registration | $400.00 and suspension until compliance | yes | |
| 59A-11(e) | Dispatched a vehicle that was not affiliated with a base | $400.00 | no | |
| 59A-13(j)(1+2) | Failure to comply | $300.00 and suspension until compliance | yes | |
| 59A-27(e) | Fhv permitted to operate with equipment not in working order | $150.00 | $200.00 | no |
| 59A-28(b)(1) | Permit/Decal registration do not match | $200.00 | $300.00 | no |
| 59A-30(a)(4) | Livery Bill of Rights not posted | $100.00 | $150.00 | no |
| 59A-31(d) | Fhv must be equipped with trouble lights | $175.00 and suspension until compliance | no | |
| 59A-32(a) | Vehicle not equipped with a partition | $350.00 and suspension until compliance | $450.00 and suspension until compliance | no |
| 59A-33(a) | Vehicle not equipped with functioning in vehicle camera system | $350.00 and suspension until compliance | $450.00 and suspension until compliance | no |
| 59A-33(b) | Vehicle must have signage posted about in vehicle camera system | $50.00 | $100.00 | no |
| 59B-19(b) | Records must be available | $100.00 | $150.00 | no |
| 59B-21(f) | FHV base owner must comply w/TLC’s record-keeping procedures | $50.00 | $100.00 | no |
| 59B-31(c) | Fhv must be equipped with trouble lights | $175.00 | no | |
| 59B-33(a)(1) | Vehicle not equipped with functioning in vehicle camera system | $350.00 | $450.00 | no |
| 60A-12(a) | A paratransit vehicle owner and base owner may not offer a gift/bribe | $10,000.00 and revocation | yes | |
| 60A-12(b) | Failure to report a bribe | $1,000.00 and/or suspension up to 30 days | yes | |
| 60A-12(c) | A paratransit vehicle owner may not commit acts of fraud, misrepresentation or theft | $350-$1,000 and suspension up to 30 days or revocation | yes | |
| 60A-12(d) | A paratransit vehicle owner may not act against the best interests of the public by acts of omission | $150-$350 and suspension up to 30 days | yes | |
| 60A-12(e) | A paratransit vehicle owner may not act against the best interests of the public by acts of comission | $150-$350 and suspension up to 30 days | yes | |
| 60A-12(j)(1) | Paratransit vehicle owner – failure to cooperate w/Commission directives, communications | $300.00 and suspension until compliance | yes | |
| 60A-18 | Transmit monthly records | $500.00 suspension until compliance | $1,000.00 suspension until compliance | |
| 60A-18(c) | Base owner did not transmit electronically their trip record on a monthly basis | $500.00 suspension until compliance | $1,000.00 suspension until compliance | no |
| 60B-12(a) | A paratransit vehicle owner and base owner may not offer a gift/bribe | $10,000.00 and revocation | yes | |
| 60B-12(b) | Failure to report a bribe | $1,000.00 and/or suspension up to 30 days and revocation | ||
| 60B-12(c) | Theft | $350-$1,000 and suspension up to 60 days or revocation | yes | |
| 60B-12(d) | Acts of ommission | $150-$350 and/or suspension up to 30 days | yes | |
| 60B-12(e) | Acts of commission | $150-$350 and/or suspension up to 30 days | yes | |
| 60B-12(j)(1) | Fialure to cooperate | $300.00 and suspension until compliance | yes | |
| 60B-18 | Monthly electronic records | $500.00 and suspension until compliance | $1,000.00 and suspension until compliance | no |
| 61A-10(d)(1) | Driver Must have DMV License | $500.00 and suspension until compliance | yes | |
| 61A-10(d)(2) | Driver must have commuter van license | $500.00 and suspension until compliance | yes | |
| 61A-12(e)1 | Comply with directives of Commission | $300.00 and suspension until compliance | ||
| 61A-12(f) | No act of Ommission | $150-$350 and up to 30 days suspension or revocation | yes | |
| 61A-12(g) | No acts of Commission | $150-$350 and up to 30 days suspension or revocation | yes | |
| 61A-12(h) | Fraud or theft | $350- 1,000 and suspension up to 60 days or revocation | yes | |
| 61A-16(a) | No pick ups outside of geographic location | $50.00 | $100.00 | no |
| 61A-16(b)(1) | No pick ups in bus route | $50.00 | $100.00 | no |
| 61A-16(c) | Service must be pre arranged | $50.00 | $100.00 | no |
| 61B-10(c)(1) | Driver must have a qualified DMV License | $500.00 and suspension of van license until compliance | yes | |
| 61B-10(c)(2) | Driver must have commuter van license | $500.00 and suspension of van license until compliance | yes | |
| 61B-12(e)(1) | Cooperate with TLC | $300.00 and suspension until compliance | ||
| 61B-12(f) | No act of Ommission | $150-$350 and up to 30 days suspension or revocation | yes | |
| 61B-12(g) | No acts of Commission | $150-$350 and up to 30 days suspension or revocation | yes | |
| 61B-12(h) | Fraud or theft | $350- 1,000 and suspension up to 60 days or revocation | yes | |
| 61B-16(a) | No pick ups outside of geographic location | $50.00 | $100.00 | no |
| 61B-16(b)(1) | No pick ups in bus route | $50.00 | $100.00 | no |
| 61B-16(c) | Service must be pre arranged | $50.00 | $75.00 | no |
BUS SERVICE AND EXPANDED ACCESS-A-RIDE TAXI VOUCHER PROGRAM TO LIVERY CABS CITYWIDE RESTORED
WINDELS, MARX SECURES TRANSPORTATION VICTORY FOR PASSENGERS!
Counsel Matthew W. Daus and State Senator Martin J. Golden Join Forces to Restore Bus Service and Expand Access-A-Ride Taxi Voucher Program to Livery Cabs in New York City's Boroughs
On Friday, July 1, 2011, at a press conference held in Brooklyn, NY, Windels Marx counsel, Matthew W. Daus, was joined by:
• New York State Senator Martin J. Golden (R-C-I, Brooklyn),
• New York City Council Member Vincent Gentile,
• Assembly Member Nicole Malliotakis,
• expert witness Professor Jonathan Peters, and
• Plaintiffs Jean Ryan and Jen Halpert.
They announced the withdrawal of a lawsuit filed against the Metropolitan Transit Authority ("MTA") in New York State Supreme Court, and the restoration of weekday express bus service (x27/x37and x28/x38 lines), together with the expansion of the Access-A-Ride Taxi Voucher Program to livery cabs in Brooklyn and other boroughs.
During the press conference MTA representatives installed new express bus schedules and service restoration signs. Service was successfully restored on July 5, 2011.
Mr. Daus said, "This is an unprecedented victory, and we are extremely pleased the MTA has restored and improved service on behalf of disabled and senior riders who were impacted by these services cuts." The suit was a case of first impression under the State and City Human Rights Laws which claimed that more severe service cuts were made in areas where a very high percentage of seniors and disabled reside effectively stranding them while other communities with less seniors and disabled had less cuts.
MTA employees installed new bus schedules restoring local service displayed by, left to right, NY State Assembly Member Nicole Malliotakis, NY State Senator Martin Golden, Matthew W. Daus, Esq., and NY City Council Member Vincent Gentile at a recent press conference.
Senator Marty Golden stated, "The services cuts of 2010 implemented by the Metropolitan Transit Authority were not equal throughout the city and severely impacted the seniors, the disabled and all people of this part of Brooklyn. The commutes for so many were intolerable and extensive and the MTA left us no other options. Poor bus service complimented by train stations not fitted with elevators to allow for access by seniors and the disabled made getting traveling in our City almost impossible."
Golden continued, "I thank the Metropolitan Transit Authority for listening and the plaintiffs for their advocacy on behalf of the many in need of better transportation services. I thank Windels Marx Lane & Mittendorf, LLP, for their fine representation and their efforts which have made a difference on behalf of many New Yorkers".
Mr. Daus, who previously served as New York City Taxi & Limousine Commissioner, and who currently Chairs Windels Marx's Transportation Group, represented Senator Golden. The firm has provided extensive pro bono legal services in their efforts to resolve this dispute. The Windels Marx legal team also included: Christopher Mehno, Kaylie Lotzof, Taila Martin, Antonio Casas, Gregory Kerr, Rosa Bezares, Carolyn Rinaldi and Jim Tracy.
As lead counsel on the case Mr. Daus has extensive experience in transportation policy as well as civil rights law. In addition to teaching transportation policy to graduate students at City College of the City University of New York, he also served in government as the Commissioner and General Counsel of the NYC Taxi and Limousine Commission (TLC) and dealt with the MTA for over 14 years while a public servant. Mr. Daus also previously served as a Prosecutor for the New York City Human Rights Commission, published extensive law related articles in the civil rights field, and was awarded an advanced legal degree (Master of Laws) in this area from N.Y.U. Law School.
About Windels Marx.
With offices in New York, NY, Madison, NJ, New Brunswick, NJ, Princeton, NJ, and Stamford, CT, Windels Marx is a full service law firm formed by the merger of two high quality, well known firms, Windels, Marx, Davies & Ives, with roots dating from the mid 1800's, and Lane & Mittendorf, LLP, itself one half century old. The Firm represents a diverse group of domestic and international clients in a broad-based general legal practice centering on corporate, litigation, real estate, employment, and other major business practice areas. Windels Marx's Transportation Practice Group is dedicated to serving ground transportation and related businesses, counselling companies of all sizes on a broad range of transportation matters, including regulatory compliance, strategic planning, administrative law, and public policy throughout the United States and internationally. For more information, visit www.windelsmarx.com.