NEWS

COMMISSIONER SADIK-KHAN, MTA EXECUTIVE DIRECTOR SANDER, CHAIRMAN DAUS ANNOUNCE CAMERA ENFORCEMENT OF BUS LANES TO SPEED TRANSIT

TEST PROGRAM TO USE VIDEO EVIDENCE OF TAXIS VIOLATING BUS LANES ON 34TH STREET

New York City Department of Transportation Commissioner Janette Sadik-Khan, MTA Executive Director Lee Sander and Taxi and Limousine Commission Chairman/Commissioner Matthew Daus today announced that, in a new effort to speed public transit through Midtown, the City will begin video camera enforcement of the new bus lanes on 34th Street to show evidence if New York City taxis are improperly using the lanes and violating (TLC) rules that taxis obey all traffic laws.

Under the City traffic code, taxis are permitted to enter a bus lane only to make the next right turn or to expeditiously pick up/dropoff passengers. Opened in September, the high visibility bus lanes run along the curb from 1st to 11th Avenues. The test camera location on 34th between Park and Madison Avenues is the first of three that will be used for the six month trial, and it is the first use of a camera for traffic enforcement aside from the 100 red light cameras in operation citywide.

"Our efforts to improve traffic conditions and increase mobility are needed perhaps nowhere more urgently than in Midtown Manhattan," said Commissioner Sadik-Khan. "Some 30,000 daily passengers on 30 bus routes depend on these high visibility bus lanes, and cameras offer us a powerful new tool to keep the network from breaking down and causing gridlock on 34th Street and across Midtown."

"Thanks to a strong and productive partnership with the DOT and TLC we are making important advances to improve bus service in one of the most congested parts of town," said Elliot G. Sander, Executive Director and CEO of the MTA. "The initial success we have had with Select Bus Service shows that, with an innovative partnership in place, it is possible to make significant improvements for MTA customers no matter what the economic climate. We look forward to continuing to work with DOT and TLC to make even more improvements to our customers’ rides."

"While the vast majority of taxicab and for-hire drivers obey and respect the law, those few that abuse bus lanes have a negative effect on the traffic flow for all motorists including their fellow professional drivers," said Matthew Daus, TLC Commissioner/Chairman. "This program provides a needed deterrent to ensure the free flow of traffic for the benefit of all including taxi drivers."

This method of camera enforcement is permissible under the TLC adjudicatory process and does not require legislative approval. The City continues to pursue state legislation to allow for the expansion of locations for red light cameras, and also for bus lane cameras to issue violations to all vehicles that encroach on bus lanes. DOT will submit images to TLC to show photographic evidence of a violation along with an affidavit from the video reviewer. TLC will then use the images to issue a summons to the taxi medallion owner.

TLC summonses are adjudicated before TLC administrative law judges. If found in violation, cab owners can be fined $150. DOT will be able to move the cameras to other parts of 34th during the trial and will be able to gather data on what types of vehicles are violating the bus lanes rules.

Last summer, 34th Street from 1st to 11th Avenue was restriped from six lanes to five, with the two curbside lanes painted in bright terra cotta color. Non-transit vehicles in the bus lanes which are not making right turns are subject to citation by police.

A major transit corridor, 34th Street is used by about 30 bus lines, carrying about 17,000 local bus passengers and 14,000 express bus passengers daily, as well as a great number of private buses. The following bus lines along all or portions of the nearly two-mile street: M4, M16, M34, Q32, BM5, QM1, QM1A, QM2, QM2A, QM3, QM4, QM10, QM11,QM12, QM15, QM16, QM17, QM18, QM21, QM22, QM23, QM24, X22, X23 X24, X31, X51, X63, X64, X68.

To further improve the lane, DOT and MTA/New York City Transit are also exploring off board fare collection, and plans for an eventual Transitway along 34th Street.

For more information, visit www.nyc.gov/dot

UPDATE: VEHICLE REPLACEMENT EXTENSION FOR CERTAIN MEDALLION TAXICABS

The New York City Taxi and Limousine Commission (TLC) announced that the owners of medallion taxicabs that are still in service, but were scheduled for replacement from October 1, 2008, to March 19, 2009 may remain in service until March 20, 2009. A previous extension allowed vehicles an extension on vehicle replacement until February 20, 2009.

Vehicles that were scheduled for replacement from October 1, 2008, to March 19, 2009 must be presented at the TLC's Woodside Safety & Emissions facility for an initial Safety & Emissions vehicle inspection between the hours of 10 a.m. and 5:30 p.m., and if the vehicle passes inspection it will receive an inspection sticker valid through March 31, 2009.

Vehicles that are scheduled for replacement from February 20, 2009, to March 20, 2009 must be presented at the TLC's Woodside Safety & Emissions facility for their regularly scheduled Safety & Emissions vehicle inspection, and, if the vehicle passes inspection, it will receive an inspection sticker valid through March 31, 2009. Based on inspection dates some vehicles may require a full inspection, and should budget their time accordingly.

Industry members are encouraged to check the Industry Notices section of the TLC's web site (www.nyc.gov/taxi) for any potential updates, and also to sign up for automatic e-mail updates at:

https://www.nyc.gov/por tal/site/nycgov/menuitem.d8635dc2173bbcc880bbe51001c789a0.

Any questions may be directed to the TLC's Hack Site at 718-267-4501.

CHANGE TO ACCESSIBLE PRIORITY PROGRAM AT JFK AIRPORT

The New York City Taxi and Limousine Commission (TLC) announced a modification to the JFK Airport Accessible Taxicab Priority Project that grew out of a partnership between the TLC, the Mayor’s Office for People with Disabilities (MOPD), and the Port Authority of New York and New Jersey (PANYNJ).

As of March 1, 2009, the drivers of wheelchair accessible taxicabs that previously had full time automatic priority at JFK Airport terminals will now receive priority dispatch only following the pick up and transportation of a wheelchair using passenger through the 311 dispatch system. Once the driver of a wheelchair accessible medallion taxicab has made a pick up following a dispatch via the 311 Accessible Dispatch System that driver will have a four hour long window of opportunity during which they may receive priority status at JFK Airport’s Central Taxi Hold lot. Priority will be based on the taxicab’s medallion number.

In another innovation, the TLC will authorize the testing of newly developed GPS based messaging and dispatch technology as part of the 311 Accessible Dispatch System pilot program, which allows persons who use wheelchairs to call 311 to request the citywide dispatch of one of 238 wheelchair accessible taxicabs.

The new technology will be implemented in roughly half of the participating vehicles while the remaining taxicabs will continue to receive and respond to dispatch communications via Blackberry technology. During this phase of the pilot project, the TLC will monitor the performance of both types of dispatch technology to explore the benefits and/or disadvantages of each.

"These two ‘tweaks’ to our accessibility initiatives will help us to continue to improve transportation options for people with disabilities," said TLC Commissioner/Chairman Matthew W. Daus. "Not only are we testing new, cutting edge applications for dispatch, but we are also improving the ways in which drivers are incentivized to provide accessible transportation at JFK Airport.

We would like to thank the Greater New York Taxi Association, the New York State Federation of Taxi Drivers, the League of Mutual Taxi Owners, the Committee for Taxi Safety, the NYTWA and Creative Mobile Technologies, LLC, for their assistance and cooperation on these initiatives."

"This modification to the Accessible Dispatch program will provide drivers with an incentive to serve disabled riders rather than penalizing them," said Commissioner Matthew Sapolin of MOPD. "It will allow drivers who operate wheelchair accessible taxis to continue participating in the priority status program at JFK Airport while ensuring that they are able to provide reliable service to wheelchair and scooter users who call 311 to reserve a wheelchair accessible taxi in advance."

THE NEW FHV RULES: YOUR RIGHTS AND RESPONSIBILITIES

We have created this summary of the proposed FHV Rules package to help base owners, vehicle owners, and drivers understand them. These Rules focus on base owners and vehicle owners. The purpose of them is to make sure drivers, vehicle owners and base owners are providing safe rides to the public. You will find that the penalties for some of these Rules are new. The most important change to penalties is the new penalty point system. The points are explained at the end of this guide. When a base or vehicle owner gets too many points, his or her license can be revoked.

When a rule says *(new)* in front of it, it is a new rule. The new section ends where you see the next * symbol.

Please note that this summary does not include all of the Rules that are being proposed. If you want to see all of the Rules, please read the entire package that is posted at www.nyc.gov/tlc under "TLC News/Proposed Rules".

Base Licenses and Renewals

*(new)* Starting July 1, 2009, all base licenses will last for 3 years. New and renewal base licenses will last for 3 years on and after that date.* (6-02(b)(1))

Before a base is given its license, it must give the Commission a bond for $5,000. *(new)* Black car and luxury limousine bases will need to provide the bond for the first time when they renew. If any base receives penalties and does not pay its fines, the Commission will notify the base owner 30 days before drawing on the bond. Drawing on the bond means the Commission will take the amount owed for fines from the bond. The base will receive one penalty point if TLC has to draw on the bond.* (6-04(e))

*(new)* If you are renewing a base license, you will need to file a complete application to TLC sixty days (60) before the expiration date. You will be allowed to submit a complete application in the 60 day period before the license expires as long as you pay a $25 late fee. Once your expiration date has passed you cannot renew. If your license expires, you have to apply as a new base and cannot operate until your application is approved.* (6-02(b)(4))

If you are a new or renewing base applicant or are relocating or changing ownership of your base, you have to submit an application to the agency. If you have a livery/community car base, the application will have to include a business plan. Some of the requirements of the plan are below: (6-04(j))

• Business name, address, telephone number and contact information
  
  
  
• How affiliated vehicles will use off street parking location
  
  
  
• Number of vehicles affiliated with your base (or that will be affiliated if new)
  
  
  
• Business operating plan
  
  
  
• Rates of fare
  
  
  
• Number of trips dispatched a day (or how many expected if new)

Off Street Parking Regulations

Livery/community car bases will continue to be required to submit a copy of the Off Street Parking (OSP) lease or contract as part of their new application, relocation or renewal process. OSP is mandated by New York City law through the New York City Council. The maximum distance between a base and its Off Street Parking facility is 1.5 miles. The OSP facility has to be a space that can hold half the number of the affiliated vehicles the base usually has. For a new base, this will be the expected number of vehicles. For a renewal, it will be the average number of affiliated cars. (6-04(b)(1))

If you are a Base Owner

You must:

• Get and keep a current license with TLC. (6-04(a))
  
  
  
• Ask TLC’s permission to move your base location. (6-06(d)) If you don’t - or if you move to a new location without being approved, you may be fined, padlocked and/*(new)*or get 1 penalty point.* (6-22))
  
  
  
• *(new)* Use only one business name for your base.* (6-06 (b)(3))
  
  
  
• Give TLC correct and up to date contact information (*(new)* including office hours*).(6-06(b)(6)) This information has to match what TLC has on file and use the same name you use for your base. (6-06(b)(3))
  
  
  
• Keep a record of all your dispatches. You can keep these records *(new)* on paper or electronically*. (6-08(f))
  
  
  
• *(new)* Tell all passengers what their fare will be before their ride. Once you tell them the fare, you cannot change it.* (6-07)(a))
  
  
  
• Keep a list of fares in your base for passengers to see. (6-06(a)(6))
  
  
  
• Keep both sides of the street your base is located on clean at all times. (6-07(b)(3))
  
  
  
• *(new)* Make sure your affiliated vehicles do not loiter or park illegally on the street your base is on.* (6-07(b)(4) and ((5))
  
  
  
• Make sure all of your affiliated vehicles and their drivers have current, valid DMV and TLC licenses. (6-12(e)(4) (6 12.1(a))
  
  
  
• Make sure drivers of your affiliated vehicles do not drive under the influence of drugs or alcohol. (6-12.1)(a)(3))
  
  
  
• *(new)* Make sure all of your affiliated vehicles pick up passengers through prearrangement only for each and every ride.* (6-07(g))
  
  
  
• Make sure all of your affiliated vehicles and their drivers follow New York State traffic and parking laws when visiting the base. (6-07(b)(1))
  
  
  
• *(new)* All of your affiliated vehicles must have 3 new TLC vehicle permit stickers starting September 1, 2009 - on the windshield and on both rear quarter windows. You will get these permit stickers from TLC in the mail. (6-12(a)(2) When your affiliated cars renew or change affiliations, they will get these permit stickers from the TLC at our Woodside, Queens location and TLC will put them on the car.* (6-12(a)(3))
  
  
  
• *(new)* Starting July 1, 2009, if you own a livery/community car base, all of your affiliated vehicles must have stickers on the outside of the car (either on both sides of the vehicle or on the back of the car) that have your base name, base station license number and base telephone number.* (6-12(f)(1)(i))
  
  
  
• *(new)* You can only dispatch vehicles that are affiliated with your base. There is one exception to this rule when you provide wheelchair accessible service- see TLC Rule 6- 07(f). *(6-07(j))
  
  
  
• *(new)* All of your affiliated cars have to show these things inside the car so that passengers can see them: (6-12)(j)(2) and (3) and 6-12(k))
  
  — TLC Driver’s License of the person driving
  
  — TLC Vehicle License (this is a new license TLC will give vehicle owners)
  
  — FHV Passenger Bill of Rights (livery/community cars only)*

Affiliations and De-affiliations

*(new)* Vehicles can only affiliate with one base at a time.* (6-11)(t))

*(new)* If a base is suspended for more than thirty days (30), its license has expired, or its license is revoked, all vehicle affiliations to that base will automatically terminate. Vehicles will need to re-affiliate with a different base that has a current license.* (6-07(i))

*(new)* If you are a base owner and would like to disaffiliate a vehicle, you have to submit a form that both you and the vehicle owner have signed. If you can’t get the vehicle owner to sign, you must give the vehicle owner 10 days notice in writing. A letter must be sent to the vehicle owner, using certified mail, to the address that matches the address of the vehicle owner we have on file. You will need to show proof you sent the letter when you request the disaffiliation.* (6-07)(h))

FHV License Applications and Renewals

FHV licenses are good for 2 years. (6-02(a)(3)(A))

*(new)* If your license is revoked, surrendered, or if the vehicle plates are surrendered before the expiration date, your license has expired and cannot be renewed.* (6-02(a)(3)(B))

*(new)* If you are renewing a FHV license, you will need to submit a complete application to TLC thirty days (30) before the expiration date of the license. You will be allowed to submit a complete application in the 30 day period before the license expires as long as you pay a $25 late fee. Once your expiration date has passed you cannot renew.*(6-02(a)(4)(B))

*(new)* Vehicles can only have one current FHV license at a time. If you submit an application for a license and the vehicle already has a current and valid vehicle license, the original license holder will be brought in for a hearing and his license may be revoked. * (6-11(n) and (o)) *(new)*If you submit an application for a new license and you had a TLC vehicle license that was revoked in the past, you will be brought in for a fitness hearing.*(6-11(q))

If you own a vehicle

• *(new)* Your vehicle can only affiliate to one base at a time.* (6-11(t))
  
  
  
• You have to make sure that everyone who drives your car has a valid and current license with the TLC and DMV. (6- 12.1(a)(1) and (2))
  
  
  
• Your car needs to have valid and current DMV registration and TLC license. (6-12(e)(4))
  
  
  
• You can’t let anyone drive your car when they are under the influence of drugs or alcohol. (6-12.1(a)(3))
  
  
  
• *(new)* Your car must be dispatched through your affiliated base for all trips. You have to make sure your drivers only accept trips by dispatch from your vehicle’s affiliated base.* (6- 11(c) and 6-12.1(f))
  
  
  
• *(new)* You have to make sure anyone driving your car is not accepting street hails.* (6-12.1(f))
  
  
  
• Your vehicle must be inspected 3 times a year. (6-12(c)(2))
  
  
  
• *(new)* You must bring your car to TLC in Woodside, Queens to be inspected every time you renew or apply for a license.* (6-12(c)(3) and (4))
  
  
  
• Your vehicle must have proper insurance coverage at all times.(6-11(d))
  
  
  
• *(new)* Your license will be revoked if: (6-11(r))
  
  — Your car is not affiliated with any base for 60 days.
  
  — Your car does not have insurance for 60 days.
  
  — You do not pass your inspection or re-inspection in 60 days.
  
  — Your vehicle receives 3 or more penalty points during the 2 year license term.*

*(new)* Beginning September 1, 2009, vehicles will need to have 3 TLC permit stickers on them. Your base will receive these new stickers from TLC and you will need to put them on yourself. The stickers will show your base affiliation and VIN. These stickers are the vehicle permits and will replace the diamond. One will be on the windshield where the diamond is now; the other two will be on both sides of the car on the rear quarter windows.* (6-12(a)(2)

*(new)* Any time you do a transfer (base transfer, plate transfer, vehicle transfer) and submit a transfer application, you will need to visit TLC in Woodside, Queens for new stickers. TLC will put the stickers on your car at Woodside.* (6-12(a)(3)

*(new)* Inside your car, you must have three items placed in protective holders attached to the front seat. In the protective holders you must have: (6-12(j)(2) and (3))

• FHV Passenger Bill of Rights (for livery/community car vehicles only) behind the front passenger seat
  
  
  
• The driver’s TLC license and vehicle’s TLC license behind the driver’s seat. TLC will give you this new vehicle license.*

*(new)* Starting July 1, 2009, if you are affiliated with a livery/ community car base, your car must have base markings on the outside of the car (either on the both sides of the vehicle or on the back of the car) that have its affiliated base name, base station license number and base telephone number.* (6-12(f)(1)(i))

Vehicle Inspections

For-Hire Vehicles (FHVs) have to get inspected six times in two years. This means you have to get an inspection at least every four months. (6-12(c)(2))

*(new)* Starting September 1, 2009, if you are a new applicant, you will have to get your vehicle inspected at TLC’s Woodside facility within 10 days of getting your TLC license plates from DMV. The TLC inspection at Woodside will count as one of your DMV inspections. If your car is model year 1995 or older, the TLC inspection does not count as a DMV inspection because TLC does not have the equipment to do a DMV inspection for these older cars.* (6-12(c)(3))

*(new)* Starting February 10, 2010, if you are a renewing applicant you will have to get your vehicle inspected at TLC’s Woodside facility. The inspection at Woodside will count as one of your DMV inspections. If your car is model year 1995 or older, the TLC inspection does not count as a DMV inspection because TLC does not have the equipment to do a DMV inspection for these older cars.* (6-12(c)(4))

Vehicle Markings

*(new)* Starting July 1, 2009, all livery/community car vehicles must have the base name, the base license number, and the base telephone number on the outside of the car.* (6-12(f)(1)(i))

*(new)* Livery/community car vehicles will put the markings on both sides or the back of the car. For the sides, the letters and numbers must be at least 1 1/2 inches tall. On the back, letters and numbers must be at least 1 inch tall. Vehicles may choose to put markings on both the sides and the back. *(6-12(f)(1)(i))

*(new)* Starting July 1, 2009, inside the car, the vehicle must have on display, at all times, the FHV vehicle license, TLC driver’s license, and for livery/community cars (starting June 26, 2009), the FHV Passenger Bill of Rights.* (6-12(j)(2) and (3) and 6-12(k))

Information TLC Will Provide

A list of current licensees is available on our website for your review. We list current licensees to allow bases, vehicle owners and drivers to check the TLC license status. (6-11(a))

*(new)* Every time an affiliated vehicle is convicted of a violation and gets a penalty point, the base will get a letter to tell them. (6- 29a)) We are sending you a letter to keep you aware of your affiliated vehicle’s activity. When any affiliated vehicle gets 3 penalty points for violations, the base will get 1 penalty point.* (6-29(c))

PENALTY POINTS

*(new)* Penalty point: a point given against a base owner or vehicle owner after being convicted of a violation. Base licenses may be revoked if they get 5 points during the 3 year period of their licenses. (6-29(d))Vehicle licenses can be revoked if the vehicle gets 3 points during the 2 year period of its license. (6-29(b)) When the base or vehicle license is renewed, they start their licenses at 0 points again for the new license period.*

List of Violations With 1 Point Penalty

BASES OWNERS

Will be revoked if gets 5 points during 3 years of license (6-29 (d))

Affiliated vehicle has license revoked for getting 3 points (6-29(c))

Base is operating while suspended or expired (6-04(a))

TLC has to draw on base’s bond for base not paying fines (6-04(e))

Base is operating from unlicensed location (6-06(d))

Base dispatches unlicensed vehicle (6-12(a))/(6-12(e)(4))

VEHICLES

Will be revoked if gets 3 points during 2 years of license (6-29(b))

Unlicensed vehicle picking up passengers (6-11(a))

Unregistered vehicle picking up passengers (6-11(b))

Vehicle has not met inspection requirements (6-12(c))

Vehicle has driver without current DMV license doing service (6-12.1(a)(1))

Vehicle has driver without TLC license doing service (6-12.1(a)(2))

Vehicle does illegal street hail (6-12.1(f))

DATES TO REMEMBER

This document is intended only to summarize and highlight certain proposed rules governing the for hire vehicle industries and to advise licensees and applicants that significant changes to rules governing the for-hire industry [are being proposed/have been recently enacted]. As a summary, this document does not include every new or different requirement, standard, or obligation set forth in the [new/proposed] rules. This document is not, and should not be relied upon as, a full and complete statement of the rules, the changes to the rules, or of the requirements, standards, duties or obligations applicable to applicants for licenses or holders of licenses under the rules of the TLC. Applicants for licenses and holders of licenses are responsible for knowing and complying with the rules of the TLC. All persons are encouraged to consult the full text of the rules for a complete statement of applicable duties, standards, requirements and obligations. The rules are available at www.nyc.gov/taxi.

© 2015 TLC Magazine Online, Inc.