N.Y. Vehicle & Traffic Law § 498: Interjurisdictional pre-arranged for-hire vehicle operation

§ 498. Interjurisdictional pre-arranged for-hire vehicle operation. 1.

Definitions: When used in this section, the following terms shall have

the following meanings:

a. "Driver's license" shall mean a license issued by the department

pursuant to article nineteen of this chapter or by a similar regulatory

agency of another state.

b. "Licensing jurisdiction" shall mean a city with a population of one

million or more, or a county within New York state contiguous to such

city, the county of Suffolk, the county of Rockland or the county of

Dutchess or the county of Ulster, that requires the issuance of a

license, permit, registration, certification or other approval for a

vehicle to perform the pre-arranged pick up or drop off of one or more

passengers in such jurisdiction for compensation.

c. "Pre-arranged for-hire vehicle" shall mean a motor vehicle, other

than a bus, that is used in the business of transporting passengers for

compensation on a pre-arranged basis, and operated in such business

under a license or permit issued by a licensing jurisdiction. The term

"pre-arranged for-hire vehicle" shall apply to vehicles as defined

herein regardless of any other provision of local law or rule defining

or describing such vehicles by any other terms such as livery, black

car, or luxury limousine.

d. "Pre-arranged for-hire vehicle license" shall mean a license,

permit, registration, certification or other approval issued by a

licensing jurisdiction to the owner of a pre-arranged for-hire vehicle

for the purpose of providing pre-arranged transportation for

compensation.

e. "Pre-arranged for-hire vehicle driver's license" shall mean a

license, permit or other approval to operate a pre-arranged for-hire

vehicle issued by a licensing jurisdiction.

f. "Serious criminal offense" shall mean a conviction of (i) a felony

involving the use of a motor vehicle except a felony as described in

subparagraph (ii) of this paragraph; (ii) a felony involving

manufacturing, distributing or dispensing a drug as defined in section

one hundred fourteen-a of this chapter or possession of any such drug

with intent to manufacture, distribute or dispense such drug in which a

motor vehicle was used; (iii) a violation of subdivision one or two of

section six hundred of this chapter; (iv) operating a pre-arranged

for-hire vehicle when, as a result of prior violations committed while

operating a pre-arranged for-hire vehicle, the driver's license is

revoked, suspended, or canceled; (v) causing a fatality through the

negligent operation of a pre-arranged for-hire vehicle, including but

not limited to the crimes of vehicular manslaughter or criminally

negligent homicide; (vi) homicide; and (vii) a felony for assault,

sexual offenses, kidnapping, or burglary.

2. Reciprocity. a. A pre-arranged for-hire vehicle that is licensed to

provide pre-arranged transportation for compensation by a licensing

jurisdiction meeting the standards and requirements set forth in

subdivisions three, four and six of this section shall be authorized to

pick up passengers in such jurisdiction for drop off within the same

jurisdiction, to pick up passengers in another licensing jurisdiction

for drop off within the licensing jurisdiction licensing such

pre-arranged for-hire vehicle, to drop off passengers in another

licensing jurisdiction who were picked up within the licensing

jurisdiction licensing such pre-arranged for-hire vehicle, and to

transit other licensing jurisdictions. No other licensing jurisdiction

may require a pre-arranged for-hire vehicle providing pre-arranged

transportation for compensation, which is licensed by a licensing

jurisdiction meeting the standards and requirements set forth in

subdivisions three, four and six of this section, to also be licensed by

such other licensing jurisdiction or to pay any pre-arranged for-hire

vehicle license fee in order to be allowed to pick up or drop off

passengers within or to transit such jurisdiction. A licensing

jurisdiction meeting the standards and requirements set forth in

subdivisions three, four and six of this section shall provide written

confirmation thereof to other licensing jurisdictions, containing

information sufficient to establish that such licensing jurisdiction

meets all such standards and requirements, and which shall be verifiable

by such other licensing jurisdictions. Such written confirmation shall

be resubmitted to such other licensing jurisdictions every three years.

b. A pre-arranged for-hire vehicle licensed by a licensing

jurisdiction not meeting the standards and requirements set forth in

subdivisions three, four and six of this section shall be authorized to

pick up and/or drop off passengers in any other licensing jurisdiction

only (i) pursuant to the terms of a separate written agreement or

memorandum of understanding entered into between such licensing

jurisdictions or (ii) if the owner of such vehicle obtains a

pre-arranged for-hire vehicle license from such other licensing

jurisdiction.

c. Where pre-arranged transportation is provided by a pre-arranged

for-hire vehicle licensed by a licensing jurisdiction meeting the

standards and requirements set forth in subdivisions three, four and six

of this section and such transportation begins with the pick up or the

drop off of a passenger outside of such jurisdiction, such pre-arranged

for-hire vehicle shall be authorized to temporarily discharge and

subsequently pick up such passenger outside the licensing jurisdiction

during the course of such transportation, provided no

intra-jurisdictional transportation is provided at that time to any

other person who is not covered by the pre-arranged transportation

agreement.

3. Standards for pre-arranged for-hire vehicle transportation. A

licensing jurisdiction shall be deemed to comply with the provisions of

this subdivision if the following conditions are met:

a. The licensing jurisdiction requires the suspension of the

pre-arranged for-hire vehicle license of a pre-arranged for-hire vehicle

owner, or the pre-arranged for-hire vehicle driver's license of a

driver, against whom there is an outstanding judgment or an unpaid civil

penalty owed for a violation of this chapter relating to traffic in any

other licensing jurisdiction meeting the standards and requirements of

this subdivision and subdivisions four and six of this section, or a

violation of regulations promulgated by such other licensing

jurisdiction duplicating or incorporating by reference any of the

provisions of this chapter, until such judgment is satisfied or such

civil penalty is paid.

b. The licensing jurisdiction requires that each pre-arranged for-hire

vehicle it licenses shall display evidence of a current, valid

pre-arranged for-hire vehicle license affixed to the windshield in a

form and manner that may be further specified by the regulations of such

jurisdiction.

c. The licensing jurisdiction requires the owner of each pre-arranged

for-hire vehicle it licenses to maintain, for purposes of insurance or

other financial security, coverage in a specified amount per person,

payable for those expenses specified in paragraphs one, two and three of

subsection (a) of section five thousand one hundred two of the insurance

law, and coverage in specified amounts of minimum and maximum liability

for bodily injury and death, as said terms are defined in subdivision

one of section three hundred seventy of this chapter.

d. The licensing jurisdiction requires (i) each pre-arranged for-hire

vehicle it licenses to be inspected no less frequently than every twelve

months by an official inspection station licensed pursuant to section

three hundred three of this chapter, or, if the pre-arranged for-hire

vehicle is registered in another state, by the agency responsible for

vehicle registration and inspection in that state, and (ii) each

pre-arranged for-hire vehicle to display a valid inspection sticker

indicating the date of the last inspection and/or the expiration date,

if such stickers are issued by the state of registration.

e. The licensing jurisdiction provides, by means of a dedicated

telephone line or read-only access to an electronic database, the

following information to other jurisdictions meeting the standards and

requirements set forth in this subdivision and subdivisions four and six

of this section: the name of the holder of a pre-arranged for-hire

vehicle license; the vehicle identification number of a licensed

pre-arranged for-hire vehicle; the date first licensed; the date such

licenses were most recently renewed; and all violations issued to each

licensee and the disposition of each such violation. Such information

obtained by a licensing jurisdiction from other licensing jurisdictions

shall be used solely for the enforcement of laws and regulations

applicable to the provision of transportation for compensation on a

pre-arranged basis.

f. The licensing jurisdiction requires that a pre-arranged for-hire

vehicle be driven only by the holder of a driver's license which is

valid to operate such motor vehicle in this state.

g. The licensing jurisdiction requires that a pre-arranged for-hire

vehicle be driven only by the holder of a pre-arranged for-hire vehicle

driver's license.

h. The licensing jurisdiction requires that a pre-arranged for-hire

vehicle driver display his or her pre-arranged for-hire vehicle driver's

license in such vehicle in a manner clearly visible to passengers or

have such license readily available to produce upon the request of a

passenger or law enforcement personnel.

i. The licensing jurisdiction requires that a record of each

interjurisdictional trip be entered prior to the commencement of such

trip in a log maintained and kept readily accessible in the vehicle in a

form and manner prescribed by the licensing jurisdiction and produced at

the request of any police officer or peace officer acting pursuant to

his or her special duties or other enforcement personnel authorized by

such jurisdiction. Such record shall be kept for a period of no less

than one year after such trip. Failure to produce such a log maintained

in the manner prescribed by such jurisdiction when requested by a police

officer or other enforcement personnel shall be presumptive evidence of

illegal interjurisdictional operation.

j. The licensing jurisdiction requires that the owner of each motor

vehicle licensed as a pre-arranged for-hire vehicle hold a valid vehicle

registration for such vehicle issued by the department for which a

registration fee has been paid pursuant to schedule C of subdivision

seven of section four hundred one of this title, or, in the case of a

non-resident of this state, a vehicle registration issued by the state

of residence.

k. No owner of a vehicle licensed as a pre-arranged for-hire vehicle

by a licensing jurisdiction meeting the standards and requirements of

this subdivision and subdivisions four and six of this section or any

person or business engaged in the for-hire transportation of passengers

by motor vehicle that is affiliated with such licensee shall do business

within any jurisdiction in which it seeks to operate on an

interjurisdictional basis. "Do business" shall mean having a place of

business or telephone number in such jurisdiction relating to for-hire

transportation of passengers by motor vehicle.

4. Standards for drivers of pre-arranged for-hire vehicles. A

licensing jurisdiction shall be deemed to comply with the provisions of

this subdivision if it requires the following as conditions of licensure

of pre-arranged for-hire vehicle drivers:

a. The pre-arranged for-hire vehicle driver is fingerprinted and his

or her criminal history obtained from the department of criminal justice

services.

b. The licensing jurisdiction adopts criteria pursuant to which an

applicant for a new or renewal pre-arranged for-hire vehicle driver's

license shall be denied, and a pre-arranged for-hire vehicle driver's

license shall be suspended or revoked, upon conviction of the applicant

or licensee for a serious criminal offense, subject to applicable laws,

including, but not limited to, article twenty-three-A of the correction

law.

c. The licensing jurisdiction provides by regulation for the

continuing review of the driving record of every pre-arranged for-hire

vehicle driver licensed by such jurisdiction, as reflected in the number

and type of convictions accumulated on the driver's license issued to

such driver. Such regulation shall provide for the mandatory suspension

for a thirty-day period of a pre-arranged for-hire vehicle driver's

license upon the accumulation of a specified number and type of

conviction on such person's driver's license within a fifteen-month

period, and the mandatory revocation of a pre-arranged for-hire vehicle

driver's license upon the accumulation of an additional number of

convictions of a specified number and type on such person's driver's

license within a fifteen-month period.

d. The licensing jurisdiction requires that an applicant for a

pre-arranged for-hire vehicle driver's license submit to drug testing,

and that licensed pre-arranged for-hire vehicle drivers be required to

submit to additional drug testing upon each application for renewal of

such person's pre-arranged for-hire vehicle driver's license, and

additional drug testing such that each licensee shall submit to such

drug testing no less often than once each year; and that any applicant

who tests positive for drugs or intoxicating liquors shall be denied a

pre-arranged for-hire vehicle driver's license, and the pre-arranged

for-hire vehicle driver's license of any licensee who tests positive for

drugs or intoxicating liquors shall be revoked after notice and an

opportunity to be heard. Such drug test shall be administered by a

person or entity holding the requisite permit from the New York state

department of health. Individual test results and any related medical

information about such applicant or licensee shall be confidential,

shall not be disclosed except to the applicant or licensee or his or her

representative, and shall not be entered or received as evidence at any

civil, criminal or administrative trial, hearing or proceeding other

than an administrative trial, hearing or proceeding for the denial or

revocation of the pre-arranged for-hire vehicle driver's license as set

forth in this paragraph. No person, other than an applicant or licensee

who is the subject of such records to whom such records are disclosed,

may redisclose such records.

e. The licensing jurisdiction requires that every individual applying

for a pre-arranged for-hire vehicle driver's license must submit proof

of completion of a state-approved defensive driving course no more than

six months prior to the date of application. The licensing jurisdiction

shall further require that any individual renewing a pre-arranged

for-hire vehicle driver's license must submit proof of completion of a

state-approved defensive driving course no more than three years prior

to the date of the renewal application.

5. On-street inspections. The enforcement authorities of a licensing

jurisdiction meeting the standards and requirements set forth in

subdivisions three, four and six of this section may conduct on-street

inspections of all vehicles operating as pre-arranged for-hire vehicles

within such jurisdiction. A pre-arranged for-hire vehicle owner may be

ordered by such licensing jurisdiction to repair or replace such vehicle

where it appears that it no longer meets the reasonable standards for

safe operation prescribed by regulations of such jurisdiction. Upon

failure of the pre-arranged for-hire vehicle owner to comply with such

an order within ten days after service thereof, the recognition of such

owner's pre-arranged for-hire vehicle license shall be suspended by the

licensing jurisdiction. Provided, however, that this subdivision shall

not impair such authority to conduct on-street inspections of

pre-arranged for-hire vehicles as may otherwise exist.

6. Notification. A licensing jurisdiction meeting the standards and

requirements set forth in this subdivision and subdivisions three and

four of this section shall, upon both the issuance and disposition of a

summons issued in such jurisdiction to a pre-arranged for-hire vehicle

licensed in another jurisdiction, notify such other jurisdiction of such

issuance and disposition.