INDUSTRY NOTICE #11-34 December 19, 2011

NEW GUIDELINES AND TIME BANS FOR TLC ISSUED DRIVER/OPERATOR LICENSE APPLICANTS BASED UPON A PROSPECTIVE APPLICANT’S HISTORY

In July of 2011 the New York City Taxi and Limousine Commission passed rules which created additional guidelines and time bans based upon a prospective applicant’s prior history. These new rules are intended to provide the prospective applicant, someone seeking to obtain a TLC issued driver/operator license, with advance information if an application will be rejected when submitted based upon a prospective applicant’s history.

The new rules include one (1), two (2) and three (3) year application bans based upon an applicant’s TLC and DMV history. The Bans are listed below:

1 YEAR BANS

• More than (3) traffic accidents within a single year. The one (1) year ban will start from the date of the last accident.
  
  
  
• The traffic infraction of unlicensed operation of a motor vehicle.
  
  
• A prior TLC application was denied because you were found not fit to hold a TLC license. The one (1) year ban will start from the date the prior application was denied.
  

Illegal use of drugs, where your drug test result was unchallenged or unsuccessfully challenged. The one (1) year ban will start from the date of the failed drug test.

2 YEAR BANS

• Any act constituting for-hire operation of a motor vehicle without a valid TLC license, except for the traffic infraction of unlicensed operation.
  
  
  
• Conviction of six (6) or more violations while holding any license or licenses issued by the Commission. The two (2) year ban will start from the date of the last violation.
  

3 YEAR BANS

• Any act, as prohibited by TLC Rules, of driving a TLC licensed vehicle while impaired by intoxicating liquor (regardless of its alcoholic content) or drugs.
  
  
  
• Any act, as prohibited by TLC Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force.
  
  
  
• Any act, as prohibited by TLC Rules, involving possession of a weapon in a vehicle licensed by TLC.
  
  
  
• Revocation of a prior TLC license. If the license was revoked, the three (3) year ban will start from the date of the revocation.
  
  
  
• Surrender while TLC license revocation charges were pending. If a prior license was surrendered before the expiration date, the three (3) year ban will start from the date it was surrendered.
  
  
  
• License expiration while license revocation charges were pending. If a prior license expired while license revocation charges were pending, the three (3) year ban will start from the date the license expired.
  

An Application Can Also be denied for the Following Reasons:

Mistake, Omission or Misrepresentation in the Application. If the Application includes any material mistake, omission, misrepresentation or if the Applicant fails to inform the Chairperson of any material change in the Application.

Eligible for Critical Driver Penalty. If Applicant accumulated 6 or more points within 15 months prior to and including the most recent DMV point violation, the Applicant would, if licensed, be subject to license suspension or revocation under the Critical Driver Program; therefore, the application will be denied

Pending Criminal Charges. The Chairperson will defer consideration of an Application if the Applicant has criminal charges pending. If the charges are not resolved within 90 days after the submission of the Application, the Application will be denied.

The TLC modified its existing application to include a new cover sheet that an applicant must sign acknowledging their understanding of the above Bans, and began accepting only that application on November 14, 2011. This was done to allow time for applicants and businesses to become familiar with the new application form and application bans prior to the implementation of the new rules.

The full implementation of these rules began on Tuesday January 3, 2012 at which time the TLC will begin enforcing the bans and requirements detailed in this notice.

David Yassky • Commissioner
Allan J. Fromberg • Deputy Commissioner for Public Affairs
33 Beaver Street , 22nd Floor, New York, NY 10004

Photo: Elena Michaels

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INDUSTRY NOTICE #12-01 January 13, 2012

TAXICAB DRIVER’S BILL OF RIGHTS

Rules passed by the Commission at the November 17, 2011, Commission meeting require posting of a Driver’s Bill of Rights as prescribed by the Taxi and Limousine Commission (TLC).

As written in Sections 58-17(b)(3), 63-10(e), and 64-14(a)(5), all fleets, agents and taximeter shops must now post the Driver’s Bill of Rights. This Industry Notice provides information regarding the form and format of its posting.

The Bill of Rights is now available on the agency’s website (www.nyc.gov/taxi). The Bill of Rights consists of two posters:

• one poster relates to fleet drivers, and
  
  
  
• the other to driver-owned-vehicle (DOV) drivers.
  

All licensed agents, fleets, and meter shops shall print, laminate or frame, and post the version (or both versions, if appropriate) of the Bill of Rights most appropriate for their business model or customer base.

The form and format of the Bill of Rights shall be as follows:

1. Printed in color.
   
   
   
2. Each poster (fleet and DOV) shall be no smaller than 24 inches wide by 36 inches tall.
   
   
   
3. Laminated or framed to protect from damage.
   
   
   
4. Posted in plain sight near the payment window or other area where drivers regularly conduct normal and daily business transactions with the agent, fleet or meter shop.
   

All agents, fleets and meter shops are required to comply with the provisions of this new rule no later than February 13, 2012. Licensees not in compliance after this date can be issued a summons and a fine up to $500.

Any questions about posting the Bill of Rights should be directed to the TLC call center at 212-227-6324.

Fleet Driver’s Bill of Rights
(available online at this link: www.nyc.gov/html/tlc/downloads/pdf/fleet_drivers_rights_poster.pdf)

DOV Driver’s Bill of Rights
(available online at this link: www.nyc.gov/html/tlc/downloads/pdf/dov_drivers_rights_poster.pdf)