N.Y. Transportation Law § 151: Exemptions

§ 151. Exemptions. The provisions of this article shall not apply to

any transportation for compensation in sedans, as such term is defined

herein at the end of this section, or station wagons or to any

transportation for compensation that is provided in vehicles larger than

sedans or station wagons when that transportation is performed:

1. Incidental to or in furtherance of any non-transportation

commercial or not-for-profit enterprise of the provider of the

transportation when such transportation is not open to the general

public;

2. To and from schools and school-related activities;

3. In non-profit car pools;

4. On an occasional, casual or reciprocal basis by persons not engaged

in transportation as a regular occupation or business;

5. As a sightseeing service conducted pursuant to the jurisdiction or

regulatory control of a city, village or town when such service is

operated wholly within the county in which the city, town or village is

located or when such service is operated wholly within a city with a

population of one million or more;

6. In ambulances that are under the jurisdiction of the New York state

department of health;

7. By transportation authorities when the transportation performed is

wholly within the transportation district prescribed by the public

authorities law for such transportation authority;

8. By transportation systems that are wholly owned by a municipality

when the transportation performed is wholly within such municipality's

boundaries;

9. By bus lines operating wholly within any city having regulatory

control or jurisdiction over bus line operations pursuant to subdivision

four of section eighty of this chapter; and

10. By carriers operating under a contract with an employer to provide

transportation for the exclusive use of employees.

11. As a taxi or livery service, except for transportation services

that are designed for the transportation of transportation-disabled

persons, conducted in vehicles having a seating capacity of less than

fifteen passengers pursuant to the jurisdiction or regulatory control of

a municipality, other than a city with a population over one million,

authorized to adopt an ordinance relating to both registration and

licensing pursuant to subdivision one of section one hundred eighty-one

of the general municipal law, when service is conducted wholly within

such municipality and when such service is available to the general

public on a prearranged or demand-response basis over a non-specified or

irregular route with the point or points of pick-up and discharge

determined by the passenger, but such taxi or livery service shall not

include van service. For the purpose of this subdivision, the term

"livery service" shall include the term "limousines" as used in

subdivision one of section one hundred eighty-one of the general

municipal law. Provided, however, that altered motor vehicles commonly

referred to as "stretch limousines" having a seating capacity of nine or

more passengers including the driver shall be subject to the provisions

of section one hundred forty of this chapter.

12. As a taxi or livery service conducted in vehicles having a seating

capacity of twenty passengers or less pursuant to the jurisdiction or

regulatory control of a city with a population over one million, when

such service is conducted wholly within such a city; provided, however,

that vehicles having a seating capacity of fifteen or more passengers

and altered motor vehicles commonly referred to as "stretch limousines"

having a seating capacity of nine or more passengers including the

driver shall be subject to the provisions of section one hundred forty

of this chapter.

For the purposes of this article, the term "sedan" or "sedans" as used

herein shall include private passenger automobiles, but shall not

include commercial motor vehicles with a seating capacity of eleven

persons or more including the driver.