N.Y. Executive Law § 160-cc: Definitions

§ 160-cc. Definitions. As used in this article:

1. "Black car operator" means the registered owner of a for-hire

vehicle, or a driver designated by such registered owner to operate the

registered owner's for-hire vehicle as the registered owner's authorized

designee, whose injury arose out of and in the course of providing

covered services to a central dispatch facility that is a registered

member of the New York black car operators' injury compensation fund,

inc.

(a) For the purposes of the administration of this article, a black

car operator shall include a TNC driver that is engaged in a TNC

prearranged trip. For the purposes of this article, the terms "TNC

driver", "TNC prearranged trip" and "digital network" shall have the

same meanings as such terms are defined in article forty-four-B of the

vehicle and traffic law.

(b) For the purposes of the administration of this article, a black

car operator shall include a TNC driver that is logged onto a TNC

digital network and is not engaged in a TNC prearranged trip but is

engaged in an activity reasonably related to driving as a TNC driver

taking into consideration the time, place and manner of such activity.

2. "Board" means the workers' compensation board.

3. "Central dispatch facility" means a central facility, wherever

located, including a transportation network company, that (a) dispatches

the registered owners of for-hire vehicles, or drivers acting as the

designated agent of such registered owners, to both pick-up and

discharge passengers in the state, and (b) has certified to the

satisfaction of the department of state that more than ninety percent of

its for-hire business is on a payment basis other than direct cash

payment by a passenger; provided, however, that a central dispatch

facility shall not include any such central facility that owns fifty

percent or more of the cars it dispatches. For the purposes of

administration of this article, central dispatch facility shall include

TNC prearranged trip as defined in article forty-four-B of the vehicle

and traffic law.

4. "Covered services" means, with respect to dispatches from or by a

central dispatch facility located in the state, all dispatches from such

central dispatch facility regardless of where the pick-up or discharge

occurs, and, with respect to dispatches from or by a central dispatch

facility located outside the state, all dispatches involving a pick-up

in the state, regardless of where the discharge occurs.

5. "Department" means the department of state.

6. "Fund" means the New York black car operators' injury compensation

fund, inc.

7. "Fund liability date" means the earlier of: (a) the date as of

which the board first approves the fund's application to self-insure

pursuant to subdivision two of section one hundred sixty-ii of this

article, or (b) the date on which coverage commences under the initial

insurance policy purchased by the fund pursuant to subdivision three of

section one hundred sixty-ii of this article.

8. "Local licensing authority" means the governmental agency in the

state, if any, that is authorized to license a central dispatch

facility.

9. "Secretary" means the secretary of state.

10. "Transportation network company" or "TNC" shall have the same

meaning as the term is defined in article forty-four-B of the vehicle

and traffic law.