NEWS

PLANNED INDUSTRY RULE CHANGES

REGULATORY AGENDA OF THE NEW YORK CITY TAXI & LIMOUSINE COMMISSION

Fiscal Year Ending June 30, 2007

Pursuant to Section 1042 of the Charter of the City of New York, the New York City Taxi and Limousine Commission (“TLC”) hereby publishes a Regulatory Agenda for the Fiscal Year ending June 30, 2007.

This Regulatory Agenda describes briefly the subject areas in which it is anticipated that rules may be promulgated during the fiscal year.

The legal basis for each proposed rule is the authority conferred to the TLC pursuant to Chapter 65 of the City Charter and Title 19, Chapter 5 of the Administrative Code of the City of New York, which confer upon the Commission the authority to promulgate rules relating to public safety, comfort and convenience, standards and conditions of service, the issuance, suspension and revocation of licenses, and the development of a transportation policy relating to for-hire vehicles and taxicabs.

The individuals and entities likely to be subject to the proposed rules are:


the owners and drivers of licensed medallion taxicabs, for-hire vehicles, commuter vans and paratransit services vehicles;


the owners of bases dispatching for-hire vehicles, paratransit services vehicles and commuter vans;


taxicab brokers; taxicab agents; taximeter businesses; and


representatives authorized to appear before the Commission’s Adjudications Tribunal.

An agency official knowledgeable about the subject area of each proposal is:

Charles R. Fraser
Deputy Commissioner for Legal Affairs/General Counsel
Taxi and Limousine Commission
40 Rector Street, New York, New York 10006
Telephone: (212) 676-1135


1. Base Station Licensing

The Commission expects to propose amendments to existing rules governing the application for issuance or renewal of for-hire vehicle base stations.

The proposed amendments will reflect planned changes in the application process. This proposal is scheduled for consideration in the Fall of 2006.

The Commission also expects to propose that the rules governing the conduct of for-hire vehicle base station owners be amended to require that closings on transfers of base station licenses be conducted on Commission premises, as are closings on taxicab medallion transfers.

This will allow the Commission to fingerprint and conduct criminal background checks prior to a base station license transfer, and to apprise the new base station owners of applicable rules and requirements. This proposal is scheduled for consideration in the Fall or Winter of 2006.


2. Require FHV Drivers to Post Their Licenses

The Commission expects to propose rules requiring drivers of for-hire vehicles to post their operators’ licenses and their base station affiliations in their vehicles, so that the licenses and affiliations are visible to passengers.This proposal is scheduled for consideration in the Fall of 2006 or Winter of 2007.


3. Hybrid Electric Vehicles

The Commission expects to propose rules revising existing vehicle specifications for taxicabs that are powered by hybrid electric technology based on developments in the automotive industry, and based on the Commission’s experience with hybrid electric vehicles to date. This proposal is scheduled for consideration in the Fall of 2006.

In addition, the Commission expects to propose amendments to its taxicab vehicle specifications to expand and promote the use of clean air vehicles, including hybrid electric vehicles and other clean air technologies. This proposal is scheduled for consideration in the Winter of 2006.


4. Adjudications Procedures

The Commission expects to propose several rules relating to adjudications before the Commission’s tribunal.

One proposed rule will establish fixed fines for all violations, and would eliminate fines that can vary within specified ranges. The proposal would also enable individuals who wish to plead guilty to violations to do so by mail, thereby eliminating the requirement of a personal appearance before an administrative law judge.

Other proposed rules would revise the procedures for appeals from decisions rendered by the Commission’s administrative law judges. These proposals are scheduled for consideration in the Summer or Fall of 2006.


5. Medallion Transfer Procedures

The Commission expects to propose rules revising the procedures for transfer of ownership of medallions. The proposal will reflect planned changes in and clarifications to the Commission’s existing procedures. This proposal is scheduled for consideration in the Fall of 2006.


6. Taxicab Technology Project; Service Enhancements

The Commission expects to propose rules revising existing rules relating to the Commission’s taxicab technology project, including rules specifying the deadline for installation of the service enhancements entailed in that project. This proposal is scheduled for consideration in the Summer or Fall of 2006.


7. Repeal of citizenship/residency requirement for licensees

The Commission expects to propose rules eliminating the requirement that license applicants must prove their citizenship or residency status in order to qualify for licenses. This proposal is scheduled for consideration in the Summer or Fall of 2006.


8. Clarification of “unlicensed” operation

The Commission expects to propose rules clarifying that operation of a vehicle with a suspended Commission issued license constitutes unlicensed operation of the vehicle for purposes of the Commission’s authority to seize unlicensed for-hire vehicles. This proposal is scheduled for consideration in the Fall or Winter of 2006.


9. Lease cap revisions

The Commission expects to propose rules clarifying its existing rules governing lease caps for taxicab medallions and vehicles, in light of confusion in the industry about those rules that was revealed at the Commission’s most recent hearing on lease caps. This proposal is scheduled for consideration in the Winter of 2006 or Spring of 2007.


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