HOW TO PLACE THE LOOK! FOR CYCLISTS STICKER IN YOUR TAXICAB
Where to Apply the “LOOK” Sticker on Your Taxi
When applying the “LOOK” sticker to the rear passenger windows of your taxi, you first have to differentiate between the left and right sticker. See the diagram below to help you indicate which sticker goes on what side.
Once you have confirmed which are the left and right stickers, you should place the left sticker on the left rear passenger window and the right sticker on the right rear passenger window, approximately six to eight inches above the door handle to maximize passenger awareness.
Industry Notice #12-52
NEW LAYOVER ZONE AT BARCLAYS CENTER
LAYOVER AREA IN GREEN! • TLC LICENSED FOR-HIRE VEHICLES ONLY!
ATLANTIC AVENUE (EASTBOUND) BETWEEN 6TH & VANDERBILT AVENUES
NO IDLING
Industry Notice #12-53
TLC STATEN ISLAND LICENSING OFFICE TEMPORARILY RELOCATED TO BOROUGH HALL
The New York City Taxi and Limousine Commission (TLC) announced that the Staten Island licensing office has temporarily relocated to Staten Island Borough Hall due to storm damage.
The TLC’s Staten Island Licensing Facility, previously located at 1893 Richmond Terrace in Port Richmond, has now moved to an office on Borough Hall’s ground floor, Room G15. Borough Hall is located at 10 Richmond Terrace (entrance on Stuyvesant Place) in St. George.
The Staten Island Licensing Facility is open Monday to Friday from 8 a.m. to 2 p.m. by appointment only to process license applications.
To schedule an appointment to file a driver renewal application please call 347-844-3488 for an appointment. To schedule an appointment to file a vehicle application, please visit our website:
www.nyc.gov/tlc.
Industry Notice #12-54 • December 11, 2012
CURRENT LEASE CAPS IN EFFECT
Following withdrawal of a lawsuit challenging TLC’s new DOV lease cap rules, as of December 5, 2012 TLC Rules 58-21(c)(3) and (4) are in full force.
PLEASE SEE INDUSTRY NOTICE 12-26 OF 9/13/12 (http://www.nyc.gov/html/tlc/downloads/pdf/industry_notice_12_26_a.pdf)
FOR COMPLETE DETAILS REGARDING CURRENT LEASE CAPS IN EFFECT FOR ALL DRIVERS.
TLC Rules Chapter 58 (Medallion Taxicab Service) is available at:
http://www.nyc.gov/html/tlc/downloads/pdf/2011rulebook_ch58.pdf
Industry Notice #12-55
TLC ANNOUNCES NEW SEX TRAFFICKING TRAINING LICENSEE REQUIREMENT
The New York City Taxi and Limousine Commission (TLC) wishes to alert its licensees of a new licensing requirement for all TLC licensed drivers.
To comply with New York City Local Law 36 of 2012, every TLC licensed driver must watch a training video on Sex Trafficking Awareness before they can proceed with their new or renewal license application. Once the licensee has finished watching the instructional training video, their signature on their license application confirms that they have completed this training and are aware of and understand the penalties should they be convicted of a violation of these laws.
The video is available in on the TLC’s website in Spanish and English at the following link:
http://www.nyc.gov/html/tlc/html/industry/training_video_sex_trafficking.shtml
December 13, 2012
TLC BOARD APPROVES NEW RULES ALLOWING SMARTPHONE E-HAILING
The New York City Taxi and Limousine Commission (TLC) wishes to alert its licensees of a new licensing requirement for all TLC licensed drivers.
NEW YORK CITY TAXI AND LIMOUSINE COMMISSION RESOLUTION APPROVING A PILOT PROGRAM TO EVALUATE ELECTRONIC HAIL APPLICATIONS
The New York City Taxi and Limousine Commission (the “Commission”) hereby approves by resolution (“Resolution”) a pilot program (“Pilot Program”), pursuant to section 52-27(a) of the Commission’s rules to test and evaluate smartphone electronic hail applications that can be used to request taxicab service.
In recent months, a number of companies have approached the Taxi and Limousine Commission (“TLC”) about introducing services that would allow taxicab passengers ("Passengers") within New York City to arrange on-demand taxi service through an electronic hail application ("E-Hail App") on a smartphone as well as services allowing Passengers to pay for their fare using a smartphone ("E-Payment"). Passenger survey data obtained by the TLC indicates that more than 50% of those questioned were interested in both the ability to use E-Hail Apps (57%), and the ability to use E-Payment (55%).
TLC’s current governing regulations, many of which predate E-Hail technology, do not clearly authorize such services.
As E-Hail Apps have emerged, TLC has undertaken serious diligence in exploring options that will encourage innovation and provide new and desired services to taxi passengers. TLC held numerous meetings with over fifteen separate industry groups and E-Hail App providers. The TLC has determined that a live study would be valuable in order to more fully evaluate the benefits and costs of allowing E-Hail Apps and E-Payment. Therefore, the TLC will authorize E-Hail Apps, which meet the operational and security standards as set forth by the TLC, to operate for a limited duration on a pilot basis.
The Pilot Program is solely for purposes of assisting the TLC in learning about the feasibility of E-Hail Apps and E-Payment. Participation in the Pilot Program does not signal authorization to operate beyond the guidelines of the Pilot Program. Participating E-Hail Apps may allow Passengers to:
- identify the location of taxicabs,
- allow licensed TLC taxicab drivers (“Drivers”) to identify the location of Passengers,
- allow a Passenger to hail a taxicab electronically and allow a Driver to receive and accept a hail request.
Additionally, participating E-Hail Apps may also allow E-Payment, the ability for Passengers to pay for their taxi fare, tip and extras through the E-Hail App. As set forth more fully below, Drivers who choose to use a participant's E-Hail App during the term of the Pilot Program will be exempted from certain Commission rules.
Pursuant to section 52-28(a) of the Commission’s rules, each participant in the Pilot Program (“Participant”) must enter into a binding Memorandum of Understanding (“MOU”) with the Chair on behalf of the Commission which is approved as to form by the New York City Law Department obligating the Participant to adhere to all requirements of this Resolution and setting forth additional specifications for each requirement. This Resolution contains a summary of the major MOU terms and does not include each and every term. The MOU cannot conflict with any provision of this Resolution.
Pursuant to section 52-27 (b) of the Commission’s rules, this approval is subject to the following terms:
1. Commencement and Duration:
a. The Pilot Program will commence on the date on which the first Participant’s application is approved by the Chair, but no earlier than February 15, 2013 and will continue for twelve consecutive months thereafter.
2. Means of Public Notice
a. Notice of opportunity to participate in the Pilot Program will be published in the City Record and on the Commission’s website.
3. Applications
a. The TLC will begin accepting applications for participation in the Pilot Program ten days after the date on which a template MOU setting forth the specific terms of participation is published on the TLC website.
b. TLC will accept applications throughout the duration of the Pilot Program, but an authorization to participate in the Pilot Program ends when either the Pilot Program is terminated in whole or as to a particular Participant or the term of the Pilot Program has expired.
c. Each candidate applying must:
1. Submit an acceptance test plan demonstrating that its E-Hail App and related services comply with the technical standards and service level requirements set forth in the MOU.
2. Submit documentation demonstrating that an independent third party with relevant expertise has performed acceptance testing consistent with the acceptance testing plan, and certified the successful results of the acceptance testing.
3. Submit documentation demonstrating independent third party certification of security testing of the E-Hail App and related services to determine compliance with the security standards set forth in the MOU.
4. Enter into a binding MOU with the Chair on behalf of the Commission which is approved as to form by the New York City Law Department.
4. Selection
a. Selection of Participants will be made by the Chair.
b. Criteria for selection will include:
- responsiveness to the public notice including adherence to technical, security and testing requirements,
- demonstrated capacity to deliver the proposed service, and
- ability to meet the requirements set forth in this Resolution and the MOU.
c. The Chair may ask any candidate to supplement an application as necessary to complete the evaluation of applications and selection of participants.
d. The number of Participants in the Pilot Program is not limited.
5. Use Restrictions
a. E-Hail Apps authorized under the Pilot Program must not allow a Passenger to submit a request for a hail at John F Kennedy International Airport or LaGuardia Airport or any other geographic area specified by the TLC, including, as appropriate, areas with taxi lines or taxi staging areas.
b. E-Hail Apps authorized under the Pilot Program and which allow a Driver to accept an E- Hail from a Passenger must ensure that:
- An E-Hail request submitted from a location within the Manhattan Central Business District (defined as Manhattan south of 59th Street) can only be accepted by a Driver who is within 0.5 miles of such location.
- An E-Hail request submitted from a location outside of the Manhattan Central Business District can only be accepted by a Driver who is within 1.5 miles of such location.
c. E-Hail Apps authorized under the Pilot Program must ensure that an E-Hail request transmitted to a Driver does not reveal the Passenger's desired destination.
d. E-Hail Apps authorized under the Pilot Program and which allow a Driver to accept an E- Hail from a Passenger must ensure that no information about the Passenger is transmitted to a Driver, except that a Passenger's trip identification number or E-Hail App user name may be transmitted to the Driver after the Driver has accepted the Passenger's E-Hail request.
e. E-Hail Apps authorized under the Pilot Program and which allow a Driver to accept an E- Hail from a Passenger must ensure that E-Hail requests are transmitted only to validly licensed Drivers using validly licensed taxicabs.
f. E-Hail Apps authorized under the Pilot Program and which allow a Driver to accept an E- Hail from a Passenger must ensure that Drivers cannot use the E-Hail App while driving a vehicle that is in motion, except that an E-Hail App may permit a Driver to accept an E-Hail request with a single touch.
g. An E-Hail App authorized under the Pilot Program must not remit to a Driver payment for a trip arranged by the E-Hail App that exceeds the fare for the trip as displayed on the taximeter plus tips, and extras if any.
6. Fares and Passenger Fees
a. Participant may not charge a Passenger a fee for tip or gratuity unless the Driver receives the full amount, and the gratuity amount is determined by the Passenger. Participant cannot require a Passenger to pay a tip to the Driver.
b. Participant must provide reasonable and effective notice to Passengers of all fees and rates charged by the Participant prior to a Passenger's use of the E-Hail App.
c. Participant cannot charge a Passenger a fare for a trip that exceeds the fare as calculated by the Taximeter. Any amount charged by the Participant in excess of the fare and the tip must be clearly identified to the Passenger.
7. Integration with Taxi Passenger Enhancement Program (“TPEP”)
a. A Participant with an E-Hail App that permits E-Payment must be integrated with TLC authorized TPEP providers to ensure that:
- the fare charged for any trip calculated by the taximeter is processed by a TLC authorized TPEP provider,
- that the E-Hail App provides to the TPEP providers relevant payment information necessary to display total charges including fare, tip and extras on the Passenger Information Monitor and on the printed receipts.
- The Chair may waive this integration requirement if the TLC authorized TPEP system cannot adequately support integration and that
- Participant has developed alternative means to:
1. protect Passengers against overcharging;
2. ensure that all trip related data is reported to the TLC; and
3. ensure that all trip based taxes and fees are collected.
8. Security
a. Participants providing E-Payment must comply with all Payment Card Industry Data Security Standards (“PCI Standards”) issued by the Payment Card Industry Security Standards Council as they may change from time to time. Until the point at which PCI Standards are formally adopted for mobile payments, an E-Hail App which contains E-Hail Payment must comply with all guidelines dictated by the PCI Security Standards Council.
b. Participants must not store credit, debit and prepaid card magnetic strip information made through the E-Hail App after the Driver has received authorization for use of the card.
c. Participant must inform the TLC if it is required to make disclosures under State or Federal law regarding security breaches, including the New York State Information Security Breach and Notification Act (General Business Law section 899-aa).
d. Participant must immediately notify the TLC if it makes any material modifications to its TLC authorized E-Hail App or E-Payment service and cannot use the modified service until such modification has been approved by the TLC.
9. Data
a. Participant must be capable of automatically collecting and transmitting to the TLC authorized TPEP provider data pertaining to the taxicab trip, including, but not limited to:
1. Participant identifier,
2. payment type, and
3. total fare,
4. last four digits of the credit card or debit card number,
5. tip amount, and
6. extras if any.
b. Participant must be capable of generating and providing in a form acceptable to the Commission, data, including but not limited to:
1. number of payment transactions,
2. credit card information for each transaction,
3. summary of fares, and
4. extras if any.
c. Participants must maintain all of the above required data for at least three years after the date on which the Participant commences providing E-Hail services including E-Payment pursuant to the Pilot Program.
d. Participants must submit to the TLC each month a summary of all Passenger complaints received in the prior month.
10. Insurance/Indemnification
a. Each Participant must provide the Commission with proof of primary insurance as required by the MOU, including but not limited to Commercial General Liability Insurance, Professional Liability Insurance, and Crime Insurance.
b. Each Participant is responsible for the conduct of its employees, contractors, and agents, and must familiarize each with relevant regulatory rules and regulations.
c. Participant must defend, indemnify and hold harmless the City of New York, its officers and employees from all claims arising from participation in the Pilot Program.
11. Damages
a. Participants shall be responsible to pay Drivers, other TLC licensees, Passengers and the TLC, restitution and liquidated damages, as applicable, for any harm caused by unauthorized use of their E-Hail App or E-Payment during the duration of the Pilot Program as specified in the MOU.
12. Compliance
a. Participant is prohibited from engaging in any electronic hail service or electronic payment service not authorized under the Pilot Program.
b. Participant must comply with all applicable state and federal and local laws, including but not limited to Occupational Health and Safety Administration (OSHA) standards and requirements, all laws regarding workers compensation, disability benefits and tax withholding, and payment of all fees and fines owed to state, federal or local government jurisdictions when they are due.
c. Participant must not file with the Commission any statements that he or she knows or reasonably should know to be false, misleading, deceptive or materially incomplete.
d. Participant must not accept, request, give or offer gifts or gratuities to or from a licensee for the purpose of violating any of the requirements of the Pilot Program or applicable state, federal and local law, and must report to the TLC and the New York City Department of Investigations request or offers for the same.
e. Participant must not commit fraud, misrepresentation and larceny, willful acts of omission and commission, and must not act against the best interests of the public, such as acts of threats, harassment, abuse, use or threat of physical force, or failure to cooperate with law enforcement or the Commission regarding any demonstration of the E-Hail App and E-Payment.
f. Participant must ensure that the E-Hail App can be inspected and accessed by the TLC, including TLC ordered testing, and that the Participant will cooperate with the TLC.
g. Participant must notify the TLC in writing of any suspension or revocation of any license granted to the Participant by any local, state or federal agency.
13. Exemption
a. Drivers who use an E-Hail App authorized under the Pilot Program are exempt from section 54-14 (e) of the Commission’s rules provided that:
- the device containing such E-Hail App is mounted in the taxicab vehicle;
- the Driver enters “off duty” in the TPEP system once he or she has accepted an E-Hail request.
14. Use Optional
a. Drivers can choose whether or not they would like to use a Participant’s E-Hail or E- Payment service. Participation in the Pilot Program does not create an obligation on Drivers to use these services.
15. Reporting and Evaluation
a. Participants must submit a report to the TLC every other month summarizing data, including but not limited to, pick up and drop off locations and times, fares, and fees.
b. No later than two months after a Participant ceases to operate under the Pilot Program it must submit to the Chair a program summary report including data set forth in the MOU.
c. TLC staff shall prepare and transmit to TLC Commissioners quarterly reports throughout the duration of the Pilot Program. Such reports shall include data about the use of E-Hail Apps and shall evaluate:
1. whether and to what extent E-Hail Apps assist Passengers in arranging on-demand service by taxicabs;
2. whether and to what extent the use of E-Hail Apps affects the income of TLC licensees including taxi drivers and owners, livery drivers, owners and bases, and black car drivers, owners and bases;
3. to the extent possible, data on the effect of E-Hail Apps on TLC licensees and passengers;
4. to the extent possible, the impact on taxicab service including passenger refusals and on passengers who do not own a smartphone device.
16. Termination
a. If the TLC determines a Participant has violated or not complied with any provision of this Resolution or the MOU it may immediately terminate approval to participate in the Pilot Program.
b. The TLC can cancel the Pilot Program if it receives corroborated evidence that an E-Hail or E-Payment application authorized for use in the Pilot Program creates a security, safety or other unacceptable risk to owners, passengers or Drivers.
Industry Notice #12-56
REQUIRED CHANGES TO MEDALLION TAXICAB ROOF LIGHT
All medallions taxicabs must change their roof lights to conform to new TLC rules by their first scheduled inspections after January 15, 2013
On November 29, 2012 the New York City Taxi and Limousine Commission (TLC) approved required changes to medallion taxicab roof lights. The "off-duty" light will be eliminated in favor of a simplified system in which an illuminated medallion number on the roof light indicates "available for a hail" and a darkened medallion number roof light indicates "unavailable for a hail" either because the driver is off-duty or because the taxi is occupied. These changes were made to reduce passenger confusion.
Attention Owners: Changes to Vehicle Equipment
By each taxicab's next scheduled inspection occurring on or after January 15, 2013:
- The roof light must not have "off-duty" lights. Owners who do not wish to purchase new roof lights may modify their existing roof lights by blackening the off-duty portion of their existing roof lights.
- There may be no manual switch for the driver to use to control the roof light. The roof light may only be controlled by the taximeter/TPEP system.
- All TPEP vendors and companies supplying meters to NYC taxicabs are prepared to make these changes. Contact your usual service provider. A list of licensed taximeter shops is available at: http://www.nyc.gov/html/tlc/downloads/excel/current_taxicab_metershops.xls
- Owners whose next inspection falls before January 15, 2013 have until the following inspection to make the roof light changes, but may make them sooner if they wish.
TAXI OF TOMORROW VEHICLE RETIREMENT EXTENSION
The Taxi and Limousine Commission has voted to adopt the Nissan NV200 as New York City’s exclusive “Taxi of Tomorrow” vehicle. Starting in late 2013, any vehicle newly hacked up for taxicab use must be an NV200 with certain exceptions for wheelchair-accessible taxis and taxis that are required to use alternative fuels.
Because we are eager to speed the conversion of the taxi fleet, the TLC has decided to permit owners of taxis scheduled to retire between 11/1/2012 and 9/30/2013 to defer retirement of their vehicles until late 2013 or later. This retirement deferral is available at the option of the medallion owner. It is not mandatory. Owners will have to file an Extension Form with the TLC in order to take advantage of this retirement deferral.
The retirement extension is subject to the following conditions:
1. The owner can only use this extension to hack-up to an NV200 vehicle. Hardship issues that arise after the filing of the extension will be reviewed on request. The TLC can grant exemptions to the requirement that an owner hack-up to an NV 200 vehicle for good cause.
2. Owners will have to timely file an Extension Form.
a. The owner whose vehicle has a retirement date of 11/1/2012 through 1/15/2013 must file an Extension Form with the TLC by 11/15/2012.
b. The owner whose vehicle has a retirement date on or after 1/16/2013 must file an Extension Form with the TLC no later than 60 days prior to the current retirement date of their existing vehicle.
3. Current taxicab vehicles scheduled to retire between November 1, 2012 and May 31, 2013, can extend their retirement date to hack-up an NV200 to any date on or before December 1, 2013, but not earlier than October 31, 2013.
4. Current taxicab vehicles scheduled to retire between June 1, 2013 and September 30, 2013, can extend their retirement date for an additional six (6) months. This means you get an additional six (6) months on your vehicle, but you must hack-up an NV200 within six (6) months after your current vehicle’s retirement date, or earlier if you want to move up to an NV200 at an earlier date.
5. The owner agrees that the hack-up date chosen by the owner becomes the new scheduled retirement date.
6. The owner must continue to have the current vehicle inspected every four months in accordance with TLC rules.
7. The current vehicle must continue to meet the safety standards of the TLC and the New York State Vehicle and Traffic Law.
If the owner is in violation of any of the conditions listed above without having been granted exemption by the TLC then the owner shall be subject to appropriate penalties as permitted by the rules.
Owners should also take the time to review the recent rules changes on this topic. TLC Rule 67-19(f) can be located at:
http://www.nyc.gov/html/tlc/downloads/pdf/newly_passed_rules_leasecap_tot_comb.pdf
© 2013 TLC Magazine Online, Inc. |