[HISTORY: Adopted by the Suffolk County Legislature 6-17-2014 by L.L. No.
17-2014.[1] Amendments noted where applicable. Uncodified sections
of local laws affecting these provisions are included as an attachment
to this chapter.]
GENERAL REFERENCES
Consumer protection — See Ch. 387.
Moving companies — See Ch. 607.
Off-street parking — See Ch. 639.
Vehicles and traffic — See Ch. 818.
[1]
Editor's Note: This local law also repealed former Ch.
571, Livery Businesses, adopted 12-20-2005 by L.L. No. 10-2006 (Ch.
346A of the 1985 Code), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Directly or indirectly controls or is controlled by, or under
common control with, an owner.
Every motor vehicle designed, appropriately equipped and
used for the purpose of carrying sick or injured persons by a person
or entity registered or certified as an ambulance service by the New
York State Department of Health.
Person applying for a for-hire vehicle driver's license,
for-hire vehicle registration, and/or prearranged for-hire vehicle
permit.
Every motor vehicle having a seating capacity of 15 or more
passengers in addition to the driver and used for the transportation
of persons. For the purposes of this chapter, "bus" shall include
Suffolk County Accessible Transportation vehicles and Suffolk County
Paratransit vehicles.
The Suffolk County Taxi and Limousine Commission.
The Commissioner of the Suffolk County Department of Labor,
Licensing and Consumer Affairs.
A finding of guilty after a trial or a plea of guilty to
an offense.
The County of Suffolk.
The Suffolk County Department of Labor, Licensing and Consumer
Affairs.
A motor vehicle carrying passengers on a prearranged for-hire
basis, including, but not limited to, a taxicab, limousine, commuter
van or private livery vehicle, but shall not include a bus operating
along a fixed route, an ambulance, medical provider van, funeral car
or any vehicle over which the County does not have jurisdiction pursuant
to state or federal law.
A license issued by the Department to persons who meet the
qualifications for for-hire vehicle driver's license as set forth
in this chapter.
A registration issued by the Department to persons who meet
the qualifications for a registration as set forth in this chapter.
A motor vehicle operated solely for the purpose of carrying
passengers from a specific location to a funeral parlor or cemetery
and the return of such passengers to a specific location.
A County officer or employee designated by the Commissioner
to conduct a hearing on violations of this chapter and/or any regulations
enacted pursuant to the authority granted to the Commissioner by this
chapter. A hearing officer shall have the power to render determinations
and impose penalties as set forth in this chapter.
The operation of a for-hire vehicle between the County of
Suffolk and a licensing jurisdiction.
A city with a population of 1,000,000 or more, or a County
within New York State contiguous to such city or the County of Rockland,
that requires the issuance, in conformance with the terms of § 498
of the New York Vehicle and Traffic Law, of a license, permit, registration,
certification or other approval in order for a vehicle to perform
the prearranged pick up or drop off of one or more passengers for
compensation.
A van that is not wheelchair accessible and is capable of
carrying eight to 14 passengers for the sole purposes of transporting
passengers to and from medical appointments. Payment for such transportation
is made solely through contracts with various health or social service
organizations, including, but not limited to, Medicaid, New York State
Department of Social Services, or Suffolk County Department of Social
Services.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except:
Electrically driven mobility assistance devices operated or
driven by a person with a disability;
Electric personal assistive mobility devices operated outside
a city with a population of 1,000,000 or more;
Vehicles which run only upon rails or tracks;
Snowmobiles as defined in Article 47 of the Vehicle and Traffic
Law; and
All-terrain vehicles as defined in Article 48-B of the New York
Vehicle and Traffic Law.
To pick up and drop off passengers.
A person, other than a lien holder, having the property in
or title to a motor vehicle. The term includes a person entitled to
the use and possession of such motor vehicle subject to a security
interest in another person and also includes any lessee or bailee
of a motor vehicle or vessel having the exclusive use thereof, under
a lease or otherwise, for a period greater than 30 days.
An individual, a partnership, an unincorporated association,
a corporation, limited-liability company or any other legal entity.
A permit for a vehicle to operate on an interjurisdictional
basis between the County of Suffolk and a licensing jurisdiction.
The owner of a for-hire vehicle with the predominant financial
interest in a motor vehicle.
Person against whom a charge of a violation of this chapter
is pending.
A conviction of:
A felony involving the use of a motor vehicle except a felony as described Subsection B of this definition;
A felony involving manufacturing, distributing or dispensing
a drug as defined in § 114-a of the New York State Vehicle
and Traffic Law or possession of any such drug with intent to manufacture,
distribute or dispense such drug in which a motor vehicle was used;
A violation of Subdivision 1 or 2 of § 600 of the
New York State Vehicle and Traffic Law;
Operating a prearranged for-hire vehicle when, as a result of
prior violations committed while operating a prearranged for-hire
vehicle, the driver's New York State Department of Motor Vehicles
issued license or a license of a similar regulatory agency from another
state is revoked, suspended, or canceled;
Causing a fatality through the negligent operation of a prearranged
for-hire vehicle, including but not limited to the crimes of vehicular
manslaughter or criminally negligent homicide;
Homicide; and
A felony for assault, sexual offenses, kidnapping, or burglary.
Every motor vehicle, other than a bus or limousine, used
in the business of transporting passengers for compensation. However,
it shall not include vehicles which are rented or leased without a
driver.
Any firearm, gun, explosive device or substance, lethal or
debilitating chemical or gas or any dangerous or deadly weapon or
instrument of any description, including but not limited to a handgun,
pistol, target pistol, revolver, rifle, shotgun, dangerous knife,
dagger, dirk, razor, stiletto or imitation pistol.
There is hereby created the Suffolk County Taxi and Limousine
Commission.
A.
The Suffolk County Taxi and Limousine Commission shall consist of
eight members appointed as follows:
(1)
The Commissioner of the Suffolk County Department of Labor, Licensing
and Consumer Affairs or his/her designee. The Commissioner shall serve
for the duration of his or her tenure as Commissioner. If the Commissioner
appoints a designee to represent the Commissioner on the Suffolk County
Taxi and Limousine Commission, then such designee shall serve at the
pleasure of the Commissioner;
(2)
One member appointed by the Suffolk County Supervisors' Association.
Such member shall receive an initial two-year appointment;
(3)
One at-large member appointed by the County Executive, which member
shall have a background in the taxicab industry. Such member shall
receive an initial four-year appointment;
(4)
One at-large member appointed by the County Executive, which member
shall have a background in the limousine industry. Such member shall
receive an initial four-year appointment;
(5)
One at-large member appointed by the County Executive, which member
shall have consumer advocacy experience. Such member shall receive
an initial four-year appointment;
(6)
One at-large member appointed by the Suffolk County Legislature's
Presiding Officer, which member shall have a background in urban transportation
matters, such as representatives of trade or professional associations
or community commuter associations. Such member shall receive an initial
two-year appointment;
(7)
One at-large member appointed by the Suffolk County Legislature's
Majority Leader, which member shall have a background in urban transportation
matters, such as representatives of trade or professional associations
or community commuter associations. Such member shall receive an initial
two-year appointment; and
(8)
One at-large member appointed by the Suffolk County Legislature's
Minority Leader, which member shall have a background in urban transportation
matters, such as representatives of trade or professional associations
or community commuter associations. Such member shall receive an initial
two-year appointment.
B.
Except for initial terms as set forth in this section, all members,
other than the Commissioner or his/her designee, shall serve for a
four-year term.
C.
Vacancies shall be filled for the expiration of the term, by the
authority appointing such member.
D.
The County Executive shall designate one member of the Suffolk County
Taxi and Limousine Commission to act as the Chair.
E.
Members of the Suffolk County Taxi and Limousine Commission shall
not be entitled to compensation for their service on the Commission,
but shall be entitled to reimbursement for reasonable and necessary
expenses incurred in the performance of their duties as members.
F.
A majority of the whole number of members of the Suffolk County Taxi
and Limousine Commission shall constitute a quorum for the transaction
of any business. Unless otherwise provided by law, the Commission
shall have power to act by a majority of its members.
A.
The purpose of the Suffolk County Taxi and Limousine Commission is
to make recommendations to the County Executive, the Suffolk County
Legislature, and the Commissioner of the Suffolk County Department
of Labor, Licensing and Consumer Affairs regarding the regulation
and supervision of the business and industry of transportation of
persons by for-hire vehicles.
B.
The Commission shall have the power to make recommendations regarding,
among other things:
(1)
Regulations and policies for the issuance of for-hire vehicle registrations
and for-hire vehicle driver's licenses;
(2)
Standards of for-hire vehicle driver conduct;
(3)
Safety and design, comfort, convenience, noise and air pollution
control and efficiency in the operation of vehicles and auxiliary
equipment;
(4)
Maintenance of financial responsibility, insurance and minimum coverage
for-hire vehicles; and
(5)
Passenger rights.
A.
In addition to the powers and duties elsewhere prescribed in this
chapter, the Commissioner shall have the power to:
(1)
Keep records of all registrations and licenses issued, suspended
or revoked and all fines adjudged pursuant to this chapter.
(2)
Whenever in this chapter the Commissioner is empowered to or charged
with the responsibility to do or perform any act, he or she may deputize,
in writing, any officer or employee of the Department to do or perform
the act in his or her place and stead.
B.
The Commissioner shall have the power to promulgate, amend and/or
repeal rules and regulations not inconsistent with the provisions
of this chapter as may be necessary with respect to the form and content
of applications for registrations and licenses, for the reception
thereof, for the investigation of applicants and their qualifications,
for the conduct, including advertising, of occupations regulated by
this chapter and for other matters incidental or appropriate to his
powers and duties as prescribed by this chapter and for the proper
administration and enforcement of the provisions of this chapter.
No rule or regulation may be promulgated, amended or repealed pursuant
to this subsection unless a public hearing is held by the Commissioner.
At least seven business days' prior notice of such public hearing
shall be published in the official newspapers of the County. A copy
of all rules and regulations promulgated and any amendments thereto
shall be filed in the office of the Clerk of the County Legislature.
A.
It shall be unlawful for any person to operate or permit to be operated
a for-hire vehicle in the County of Suffolk without a for-hire vehicle
registration for such vehicle issued by the Department.
B.
Exceptions.
(1)
This section shall not apply to a for-hire vehicle that is operated
solely within the geographical boundaries of the County of Suffolk
and has obtained a valid taxicab vehicle registration, license or
permit issued by the Suffolk County town(s) or village(s) in which
such for-hire vehicle is operated.
(2)
This section shall not apply to a for-hire vehicle that has obtained
a for-hire vehicle registration, license or permit from a licensing
jurisdiction that has submitted evidence to the Department that it
issues such for-hire registrations, licenses, or permits in accordance
with the standards set forth in § 498 of the New York Vehicle
and Traffic Law and where such vehicle is operated on an interjurisdictional
basis.
(3)
This section shall not apply to a bus operating along a fixed route,
an ambulance, medical provider van, funeral car or any vehicle over
which the County does not have jurisdiction pursuant to state or federal
law.
C.
A registration issued pursuant to this chapter shall not be construed
to authorize the registrant to engage in any business which is reserved
to qualified registrants or licensees under separate provisions of
state law.
A.
An application for a for-hire vehicle registration shall be completed
by the primary owner of such for-hire vehicle on forms provided by
the Department and shall be accompanied by a nonrefundable application
fee in the amount set forth in this chapter and any additional fees
as may be indicated in this chapter. The application shall be completed
and certified by the primary owner of the for-hire vehicle to be registered.
(1)
In the event that the applicant is requesting a for-hire vehicle
registration permit for more than one for-hire vehicle, an application
shall be submitted for each for-hire vehicle to be registered.
(2)
In the event that the applicant is a corporation, partnership, limited-liability
company or other entity, the application shall be completed and certified
by an officer, managing member or principal of such corporation, partnership,
limited-liability company or other entity or a stockholder owning
at least 10% or more of such corporation, partnership, limited-liability
company or other entity.
B.
Such application must indicate whether the for-hire vehicle shall
be operated on an interjurisdictional basis. Upon approval of an application
which contains an indication that the for-hire vehicle shall be operated
on an interjurisdictional basis, the Department, in addition to issuing
a for-hire vehicle registration, shall also issue a prearranged for-hire
vehicle permit, which shall be affixed to the for-hire vehicle windshield
in such form and manner as specified by the regulations promulgated
by the Commissioner pursuant to this chapter. Each prearranged for-hire
permit shall be valid for period of one year from the date of issuance
thereof and shall expire on the last day of the 12th month of such
issuance.
C.
The Commissioner shall adopt criteria pursuant to which each application
for a new or renewal of for-hire vehicle registration shall be approved
or denied. Such criteria shall include, but not necessarily be limited
to, information required to be submitted by the applicant in accordance
with this chapter and the applicant's compliance with the requirements
of this chapter. The Department shall, pursuant to the criteria developed
by the Commissioner, deny an application or a renewal of an application
for a for-hire vehicle driver's license and shall take steps
to revoke or suspend any current for-hire vehicle driver's license
upon conviction of the for-hire vehicle driver of a serious criminal
offense, subject to applicable laws, including, but not limited to,
Article 23-A of the New York Correction Law.
D.
Each for-hire vehicle registration shall be valid for period of one
year from the date of issuance thereof and shall expire on the last
day of the 12th month of such issuance.
E.
First-time applications and renewals for a for-hire vehicle registration
must include the following:
(1)
Applicant fingerprints.
(a)
Applicant shall have fingerprints taken in the form and manner
as described by the New York State Division of Criminal Justice Services
(DCJS) and shall pay any applicable fingerprinting fees as may be
required. For the purposes of this section, the applicant shall be
deemed to be each and every owner of the for-hire vehicle to be registered.
(b)
In the event that the applicant is a corporation, partnership,
limited-liability company or other entity, fingerprints shall be required
from each officer, partner, member or principal of such corporation,
partnership, limited-liability company or other entity or a stockholder
owning at least 10% or more of such corporation, partnership, limited-liability
company or other entity.
(c)
The Department shall cause the applicant's fingerprints
to be forwarded to DCJS in the form and manner as prescribed by DCJS
for a complete criminal background and investigation upon DCJS's
receipt of the appropriate fee. The fee shall be payable by the applicant.
(d)
The Commissioner or his designee shall review all information
provided by DCJS in connection with the applicant's criminal
background and investigation.
(e)
If the applicant has been convicted of a misdemeanor or felony
which is determined to render the applicant unfit to carry out the
duties applicable to for-hire vehicles, proper consideration will
be given to New York State Correction Law §§ 701 through
703-b (New York Correction Law Article 23) and §§ 751
through 753 (New York Correction Law Article 23-A) in making any such
determination.
(2)
All license applications or renewals shall include a Federal Tax
Identification Number or New York State Sales Tax Identification Number,
as applicable. If such information is not provided, a license will
not be issued.
(3)
All applications shall include the business address of each owner
of the vehicle. The owner(s) of a for-hire-vehicle shall notify the
Department in person or by first class mail, within seven days, exclusive
of weekends and holidays, of any change in mailing address.
(4)
The Commissioner may require the names and residence addresses of
any employees or officers of the applicant, in addition to any other
information which he may deem advisable and proper.
(5)
A representation by the applicant that the applicant is in compliance
with § 1324a of Title 8 of the United States Code, with
respect to the hiring of employees. If such representation is not
made, a for-hire vehicle registration shall not be issued. An applicant
shall be obligated to continue to comply with the requirements of
§ 1324a of Title 8 of the United States Code during the
term of the for-hire vehicle registration. The applicant's failure
to so comply, as determined by the Department after an investigation
by the Department or based upon a finding of a federal court, agency
or administrative law judge under the procedures set forth in § 1324a
of Title 8 of the United States Code, shall constitute grounds for
the imposition of a fine or the suspension or revocation of a registration
or the denial of an application for the renewal of a registration,
in accordance with the applicable provisions of this chapter.
(6)
A representation by the applicant that the applicant is making all
required payroll tax payments for the applicant's employees,
including Social Security taxes, Medicare taxes, and state and federal
unemployment taxes. If such representation is not made, a registration
will not be issued. The applicant's failure to make required
payroll tax payments during the term of his or her license, as determined
by the Department after an investigation by the Department or based
upon a finding of a federal or state court, administrative law judge,
hearing officer, or agency of competent jurisdiction, shall constitute
grounds for the imposition of a fine or the suspension or revocation
of a registration or the denial of an application for the renewal
of a registration, in accordance with the applicable provisions of
this chapter.
(7)
Vehicle information. In addition to any information as may be required
by the Commissioner pursuant to his authority under this chapter,
the following must be submitted with the application for a for-hire
vehicle registration:
(a)
The Vehicle Identification Number (VIN) for the for-hire vehicle
to be registered.
(b)
Satisfactory proof that the applicant is the registered owner
of the for-hire vehicle to be registered.
(c)
Documentation that the each for-hire vehicle to be registered has, for the purpose of insurance or other financial security, coverage in a specified amount per person, payable for the expenses specified in Paragraphs (1), (2) and (3) of Subsection (a) of § 5102 of the New York State Insurance Law, and coverage in specified amounts of minimum and maximum liability for bodily injury and death, as said terms are defined in Subdivision 1 of § 370 of the New York Vehicle and Traffic Law.
(d)
Photocopy of a current New York State motor vehicle registration
certificate issued by the New York State Department of Motor Vehicles
or a registration issued by a similar regulatory agency from another
state indicating that the for-hire vehicle to be registered bears
the legally required for-hire vehicle license plates.
(e)
Proof, in such form as shall be directed by the Commissioner,
that within the last 12 months the for-hire vehicle to be registered
in accordance with this chapter has passed a New York State safety
and emissions inspection conducted by an official inspection station
licensed pursuant to § 303 of the New York Vehicle and Traffic
Law. If the for-hire vehicle is licensed in another state, proof shall
be required, in such form as shall be directed by the Commissioner,
that the for-hire vehicle to be registered has passed the safety and
emissions inspection required by such state's laws. If no inspection
is required in such state, then the for-hire vehicle to be registered
must be inspected in New York by official inspection station licensed
pursuant to § 303 of the New York Vehicle and Traffic Law
and the applicant must submit proof of such inspection in such form
as shall be directed by the Commissioner before the Department may
grant any for-hire vehicle registration for such vehicle.
(f)
List of all base stations with which the for-hire vehicle to
be registered is affiliated, accompanied by a letter affixed with
corporate seal or notarized from the owner of each base station setting
forth the vehicle's VIN number and licensing number and stating
that such vehicle is affiliated with such base station.
(g)
A sworn affidavit certifying that such applicant has documented
that each for-hire driver employed by the applicant has obtained a
for-hire driver's license from the Department where required
by this chapter or, where not required from the Department, from the
town, village or city in which such for-hire driver will be operating
the for-hire vehicle to be registered. Subsequent to the issuance
of a for-hire vehicle registration, the applicant shall file with
the Department additional sworn affidavits certifying the aforementioned
information within 10 days after each new for-hire driver is employed
by such applicant.
F.
Except as otherwise provided in this article, an individual applicant
must be at least 18 years of age, of good character and financially
responsible. Registrant must maintain good character standing and
maintain financial responsibility, as determined by the Commissioner,
during the term of the for-hire vehicle registration.
G.
No applicant for a for-hire vehicle registration shall have any outstanding
judgment for child support against him or her, or be in arrears in
child-support payments as determined by official court records or
official government records, at the time an application is filed for
such registration renewal. If an applicant has such a judgment against
him or her, or is in such arrears, but is current in payments on a
judicially approved, or Child Support Enforcement Bureau sanctioned,
payment schedule to pay off or reduce such judgment or arrears, then
such individual shall not be deemed ineligible for a for-hire vehicle
registration or renewal on the grounds of such judgment or arrears.
At least 30 days prior to the expiration of a license, the Department
shall send a written notice to a registrant of his or her obligation
to comply with the provisions of this section pertaining to compliance
with child-support obligations. In addition, the County Department
of Social Services, through its Child Support Enforcement Bureau,
shall notify all current noncustodial parents of the obligations contained
herein.
H.
Require reasonable information of an applicant or licensee, including
the production of books, papers, records and other documents.
I.
The Commissioner shall provide by regulation for continuing review
by the Department to ensure that every prearranged for-hire vehicle
registered by the Department is operating on a lawful basis.
J.
Applicants shall meet such further qualifications as may be prescribed
by this article and any other appropriate article of this chapter.
A.
No owner shall permit a for-hire vehicle to be operated in violation
of the New York State Vehicle and Traffic Law, Suffolk County local
law, and any other applicable ordinances, rules or regulations.
B.
Each for-hire vehicle registered pursuant to this chapter shall display
evidence of a current, valid for-hire vehicle registration affixed
to the windshield in such form and manner as specified by the regulations
promulgated by the Commissioner pursuant to this chapter.
C.
If the for-hire vehicle shall be operated on an interjurisdictional
basis, the for-hire vehicle shall display evidence of a current, valid
prearranged for-hire vehicle permit, which shall be affixed to the
windshield in such form and manner as specified by the regulations
promulgated by the Commissioner pursuant to this chapter. Such vehicle
shall only be permitted to operate on an interjurisdictional basis,
except that where prearranged transportation is provided by a for-hire
vehicle registered, licensed or permitted by a licensing jurisdiction
in accordance with the standards set forth in § 498 of the
New York Vehicle and Traffic Law and such transportation includes
the pick-up or the drop off of a passenger outside of such licensing
jurisdiction, such prearranged for-hire vehicle shall be authorized
to temporarily discharge and subsequently pick-up such passenger outside
the licensing jurisdiction during the course of transportation, provided
that no intrajurisdictional transportation is provided at that time
to any other person who is not covered by the prearranged transportation
agreement.
D.
The owner of a for-hire vehicle shall ensure that the vehicle is
operated by a driver who holds, is carrying, and provides on request
to a police officer or other authorized employee or agent of the Department
a valid for-hire vehicle driver's license.
E.
The owner of a for-hire vehicle registered by the Department shall maintain documentation that each for-hire vehicle to be registered has, for the purpose of insurance or other financial security, coverage in a specified amount per person, payable for the expenses specified in Paragraphs (1), (2) and (3) of Subsection (a) of § 5102 of the New York State Insurance Law, and coverage in specified amounts of minimum and maximum liability for bodily injury and death, as said terms are defined in Subdivision 1 of § 370 of the New York Vehicle and Traffic Law.
F.
Each prearranged for-hire vehicle shall be inspected no less frequently
than every 12 months by an official inspection station licensed pursuant
to § 303 of the New York Vehicle and Traffic Law, or, in
the case of a vehicle registered in another state, by the agency responsible
for vehicle registration and inspection in that state, in any. If
no inspection is required in the state of registration, then each
for-hire vehicle shall be inspected in New York by an official inspection
station licensed pursuant to § 303 of the New York Vehicle
and Traffic Law.
G.
Each prearranged for-hire vehicle shall 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 inspection.
H.
Each for-hire vehicle shall be driven only by the holder of a driver's
license which is valid to operate such motor vehicle in New York State.
I.
Where the for-hire vehicle operates on an interjurisdictional basis,
the driver of such for-hire vehicle must also hold a for-hire vehicle
driver's license as set forth in this chapter. In such case,
the for-hire vehicle driver shall display his or her 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.
J.
Each driver of a for-hire vehicle shall keep a record of each interjurisdictional
trip, including location of pick-up and location of drop off. Failure
to produce such a record maintained in the manner prescribed by the
Department pursuant to this chapter shall be presumptive evidence
of illegal interjurisdictional operation. A driver shall:
(1)
Enter such record prior to the commencement of such trip in a log
maintained and kept readily accessible in the for-hire vehicle in
a form and manner prescribed by the Department.
(2)
Produce such record and/or log at the request of any police officer
or peace officer acting pursuant to his or her special duties or other
enforcement personnel authorized to enforce the provisions of this
chapter.
(3)
Retain such record for a period of no less than one year after such
trip.
K.
In addition to the for-hire vehicle registration required by this
chapter, each owner of a for-hire vehicle shall hold a valid vehicle
registration from the New York State Department of Motor Vehicles
for which a registration fee has been paid pursuant to Schedule C
of Subdivision 7 of § 401 of the New York Vehicle and Traffic
Law or, in the case of a nonresident of New York State, a vehicle
registration issued by the state of residence.
L.
There shall be no smoking in a for-hire vehicle while such vehicle
is operating, as required by § 1399-o of the New York State
Public Health Law.
M.
The owner of a for-hire vehicle shall immediately notify the Department
of the theft, loss or destruction of his/her for-hire vehicle and
shall furnish the Department with an affidavit or such information
as may be required by the Department within five business days of
such theft, loss or destruction.
A.
It shall be unlawful for any person to operate a for-hire vehicle
in the County of Suffolk unless such person first obtains a for-hire
vehicle driver's license issued by the Department.
B.
Exceptions.
(1)
This section shall not apply to a driver and/or operator of a for-hire
vehicle that operates solely within the geographical boundaries of
the County of Suffolk and has obtained a valid taxicab driver's
license issued by the Suffolk County town(s) or village(s) in which
such for-hire vehicle is operated.
(2)
This section shall not apply to a driver who has obtained a for-hire
vehicle driver's license from a licensing jurisdiction that has
submitted evidence to the Department that it issues such for-hire
vehicle driver's licenses in accordance with the standards set
forth in § 498 of the New York Vehicle and Traffic Law and
where such driver operates the for-hire vehicle on an interjurisdictional
basis.
C.
A for-hire vehicle driver's license issued pursuant to this
chapter shall not be construed to authorize the licensee to engage
in any business which is reserved to qualified licensees under separate
provisions of state law.
A.
An application for a for-hire vehicle driver's license shall
be completed on forms provided by the Department.
B.
The Commissioner shall adopt criteria pursuant to which each application
for a new or renewal for-hire vehicle registration shall be approved
or denied. Such criteria shall include, but not necessarily be limited
to, information required to be submitted by the applicant in accordance
with this chapter and the applicant's compliance with the requirements
of this chapter. In addition, the Department shall, pursuant to criteria
developed by the Commissioner, deny an application or a renewal of
an application for a for-hire vehicle driver's license and shall
take steps to revoke or suspend any current for-hire vehicle driver's
license upon conviction of the for-hire vehicle driver of a serious
criminal offense, subject to applicable laws, including, but not limited
to, Article 23-A of the New York Correction Law.
C.
Each for-hire vehicle driver's license shall be valid for a
period of one year from the date of issuance thereof and shall expire
on the last day of the 12th month of such issuance.
D.
First-time applications and renewals for for-hire vehicle driver's
licenses must include the following:
(1)
Applicant fingerprints.
(a)
Applicant shall have fingerprints taken in the form and manner
as described by DCJS and shall pay any applicable fingerprinting fees
as may be required.
(b)
The Department shall cause the applicant's fingerprints
to be forwarded to DCJS in the form and manner as prescribed by DCJS
for a complete criminal background and investigation upon DCJS's
receipt of the appropriate fee. The fee shall be payable by the applicant.
(c)
The Commissioner or his designee shall review all information
provided by DCJS in connection with the applicant's criminal
background and investigation.
(d)
If the applicant has been convicted of a misdemeanor or felony
which is determined to render the applicant unfit to operate a for-hire
vehicle, proper consideration will be given to New York State Correction
Law §§ 701 through 703-b (New York Correction Law Article
23) and §§ 751 through 753 (New York Correction Law
Article 23-A) in making any such determination.
(2)
Drug testing.
(a)
Each applicant for a for-hire vehicle driver's license
shall submit to drug testing as directed by the Department upon initial
application and thereafter once every 12 months. Such drug test shall
be administered by a person or entity holding the requisite permit
from the New York State Department of Health.
(b)
Any applicant who tests positive for drugs or intoxicating liquors
shall be denied a for-hire vehicle driver's license.
(c)
The 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.
(d)
Individual test results and any related medical information
about such applicant or for-hire vehicle licensee shall be confidential,
shall not be disclosed except to the applicant or for-hire vehicle
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 for-hire vehicle
driver's license as set forth in this chapter. No person, other
than an applicant or for-hire licensee who is the subject of such
records to whom such records are disclosed, may redisclose such records.
(3)
All license applications or renewals shall include a Federal Tax
Identification Number. If such information is not provided, a license
will not be issued.
(4)
Each applicant for a for-hire vehicle driver's license shall
submit proof of completion of a state-approved defensive driving course
no more than six months prior to the date of application. Upon renewal
of such license, the applicant shall 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)
All applications for a for-hire vehicle driver's license shall
include the home address of the applicant. The holder of a for-hire
vehicle driver's license shall notify the Department in person
or by first class mail, within seven days, exclusive of weekends and
holidays, of any change in mailing address.
(6)
The Department shall, pursuant to criteria developed by the Commissioner,
deny an application or a renewal of an application for a for-hire
vehicle driver's license and shall revoke or suspend any current
for-hire vehicle driver's license upon conviction of the for-hire
vehicle driver of a serious criminal offense, subject to applicable
laws, including, but not limited to, Article 23-A of the Correction
Law.
(7)
Except as otherwise provided in this article, an individual applicant
must be at least 18 years of age, of good character and financially
responsible. A registrant must maintain good character standing and
maintain financial responsibility during the term of the licensee's
license(s) and/or certificate(s).
(8)
No applicant for a for-hire vehicle driver's license shall have
any outstanding judgment for child support against him or her, or
be in arrears in child-support payments as determined by official
court records or official government records, at the time an application
is filed for such license or license renewal. If an applicant has
such a judgment against him or her, or is in such arrears, but is
current in payments on a judicially approved, or Child Support Enforcement
Bureau sanctioned, payment schedule to pay off or reduce such judgment
or arrears, then such individual shall not be deemed ineligible for
a for-hire vehicle driver's license or renewal on the grounds
of such judgment or arrears. At least 30 days prior to the expiration
of a license, the Department shall send a written notice to a registrant
of his or her obligation to comply with the provisions of this section
pertaining to compliance with child-support obligations. In addition,
the County Department of Social Services, through its Child Support
Enforcement Bureau, shall notify all current noncustodial parents
of the obligations contained herein.
E.
The Commissioner shall provide by regulation for the continuing review
of the driving record of every for-hire vehicle driver licensed by
the Department, 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 prearranged 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 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.
F.
Applicants shall meet such further qualifications as may be prescribed
by this article and any other appropriate article of this chapter.
A.
No driver of a for-hire vehicle shall operate such vehicle in violation
of the New York State Vehicle and Traffic Law, Suffolk County local
law, and any other applicable ordinances, rules or regulations.
B.
The vehicle must be operated by a driver who holds, is carrying and
provides on request to a police officer or other authorized employee
or agent of the Department a valid for-hire vehicle driver's
license or permit issued by a licensing jurisdiction.
C.
Each for-hire vehicle shall be driven only by the holder of a driver's
license which is valid to operate such motor vehicle in New York State
and shall provide such license on request to a police officer or other
authorized individual upon request.
D.
A for-hire vehicle driver shall not operate such vehicle unless such
driver holds, is carrying and provides on request to a police officer
or other authorized employee or agent of the Department a valid for-hire
vehicle driver's license or permit.
E.
Each driver of a for-hire vehicle shall keep a record of each interjurisdictional
trip, including location of pick-up and location of drop off. Failure
to produce such record maintained in the manner prescribed by the
Department pursuant to this chapter shall be presumptive evidence
of illegal interjurisdictional operation. The driver shall:
(1)
Enter such record prior to the commencement of such trip in a log
maintained and kept readily accessible in the for-hire vehicle in
a form and manner prescribed by the Department.
(2)
Produce such record and/or log at the request of any police officer
or peace officer acting pursuant to his or her special duties or other
enforcement personnel authorized to enforce the provisions of this
chapter.
(3)
Retain such record for a period of no less than one year after such
trip.
F.
No driver of a for-hire vehicle shall, while operating such vehicle,
have in his or her possession or anywhere in such vehicle a weapon
as defined by this chapter.
G.
No driver of a for-hire vehicle shall smoke or permit any passengers
to smoke while operating a for-hire vehicle, as required by § 1399-o
of the New York State Public Health Law.
H.
No driver of a for-hire vehicle shall operate such vehicle if such
driver knows, or has reasonable cause to know, that any equipment
in or on such vehicle is not in good working order, including, but
not limited to, air conditioning, heating, tires, brakes, lights,
signals, windshield wipers, defrosters, and passenger seat belts and
shoulder belts.
I.
A for-hire vehicle driver shall not operate a for-hire vehicle under
the influence of any drugs or alcohol or if his or her driving ability
is in any way impaired.
J.
A for-hire vehicle driver shall return any personal property left
by any passenger to the police precinct of occurrence prior to the
end of his or her work shift as set forth in New York State Personal
Property Law Article 7-B.
A.
Vehicles with a valid for-hire vehicle registration and a prearranged
for-hire vehicle permit issued by the Department pursuant to this
chapter and § 498 of the New York Vehicle and Traffic Law
and operating in compliance with the conditions set forth in this
chapter and § 498 of the New York State Vehicle and Traffic
Law shall, pursuant to § 498 of the New York Vehicle and
Traffic Law, be authorized to pick up passengers within Suffolk County
for drop off within Suffolk County, as well as to operate on an interjurisdictional
basis in order to pick up passengers in another licensing jurisdiction
for drop off within Suffolk County, to drop off passengers in another
licensing jurisdiction who were picked up within Suffolk County, and
to transit other licensing jurisdictions.
B.
A vehicle for which a licensing jurisdiction other than the County
of Suffolk has issued a registration, license, and/or permit shall
be eligible for reciprocity as set forth in Subdivision 2 of § 498
of the New York State Vehicle and Traffic Law. Such vehicle shall
not be required to obtain a for-hire vehicle registration or a prearranged
for-hire vehicle permit from the Department, provided that such vehicle
has a current, valid registration, license and/or permit from a licensing
jurisdiction that has submitted evidence to the Department that it
meets all of the standards and requirements set forth in Subdivisions
3, 4 and 6 of § 498 of the New York State Vehicle and Traffic
Law in issuing such registration, license, and/or permit. Nothing
contained in this subsection shall be deemed to exempt an owner or
driver who possesses a for-hire vehicle registration, permit or driver's
license from another licensing jurisdiction from complying with any
other provision of this chapter.
C.
The Department shall provide, by means of a dedicated telephone line
or read-only access to an electronic database, the following information
to other licensing jurisdictions which meet the standards and requirements
set forth in Subdivisions 3, 4 and 6 of § 498 of the New
York Vehicle and Traffic Law:
(1)
The name of the holder of a for-hire vehicle registration or license;
(2)
The vehicle identification number of a licensed for-hire vehicle;
(3)
The date first registered or licensed;
(4)
The date such registration or license was most recently renewed;
and
(5)
All violations issued to each registrant and/or licensee and the
disposition of each such violation.
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Such information shall be used solely for the enforcement of
laws and regulations as set forth in this chapter.
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D.
No owner of a vehicle registered, licensed, or permitted as a for-hire
vehicle by a licensing jurisdiction pursuant to the standards and
requirements of § 498 of the New York State Vehicle and
Traffic Law for the purpose of interjurisdictional operation between
licensing jurisdictions or any person engaged in the for-hire transportation
of passengers by motor vehicle and who is affiliated with such owner
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.
Fees and terms for registrations and licenses issued pursuant
to this chapter shall be as follows:
A.
For-hire vehicle registration.
(1)
The initial registration fee for a for-hire vehicle registration
shall be $300, to be paid to the Department prior to the issuance
of a for-hire vehicle registration. There shall be an annual for-hire
vehicle registration fee of $250 paid to the Department for the renewal
of such registration for every year thereafter.
(2)
Pre-arranged for-hire vehicle permit. In addition to the for-hire registration fees set forth in Subsection A(1), where an application for a for-hire vehicle registration indicates that such for-hire vehicle shall operate on an interjurisdictional basis between the County and another licensing jurisdiction, an additional fee of $50 shall accompany the initial registration fee and shall also accompany each annual for-hire vehicle registration renewal for as long as such for-hire vehicle operates on an interjurisdictional basis.
B.
For-hire vehicle driver's license. The initial for-hire vehicle
driver's license fee shall be $50, to be paid to the Department
prior to the issuance of a for-hire driver's license. There shall
be an annual for-hire driver's license fee of $50 paid to the
Department for the renewal of such license every year thereafter.
The provisions of this article shall be enforced by the Department,
the Suffolk County Police Department, the Suffolk County Sheriff's
Office, and/or other agents as authorized by the Department.
A.
A notice of violation of the provisions of this chapter may be issued
by an officer of the Suffolk County Police Department, an officer
of the Suffolk County Sheriff's Department or an authorized employee
of the Department or other agents as authorized by the Department.
B.
Notice shall be served upon such the alleged violator, either personally
or by certified mail, and shall contain a concise statement of the
facts constituting the alleged violation or violations, as well as
setting forth the date, time and place the hearing will be held. Notices
shall be served upon alleged violators as follows:
(1)
Violations regarding for-hire vehicle registration: notice shall
be served upon each owner of the vehicle.
(2)
Violations regarding for-hire vehicle driver's license: notice
shall be served upon the licensee, with copies to each owner of the
for-hire vehicle operated by the for-hire driver at the time of the
violation.
C.
The hearing on an alleged violation shall be conducted by a hearing
officer designated by the Commissioner for such purpose. The respondent
has the right to be heard in his or her defense and to be represented
by counsel or have counsel appear on his or her behalf, and such person
or the attorney for such person shall have the right to call witnesses
and produce evidence on behalf of such person.
D.
The hearing officer shall make a written determination regarding
the alleged violation or violations. If a violation is found, the
determination shall impose those civil penalties set forth in this
chapter. Such determination may be appealed to the Commissioner who,
after due deliberation, shall issue a written order accepting, modifying
or rejecting such determination. Where appropriate, the Commissioner
may refer the matter to the District Attorney or other appropriate
law enforcement agency.
E.
For the purpose of this chapter, the hearing officer designated by
the Commissioner may administer oaths, take testimony, subpoena witnesses
and compel the production of books, papers, records and documents
pertinent to the subject of the investigation.
F.
The Department shall be authorized to take any steps necessary to
recover any penalties imposed as a result of a finding of a violation
of the provisions of this chapter.
A.
Civil penalties.
(1)
Except as set forth in Subsection A(6)(b), no for-hire vehicle registration, prearranged for-hire vehicle permit, or for-hire vehicle driver's license shall be suspended or revoked nor a fine imposed until after a hearing has been held pursuant to the provisions of this chapter.
(2)
After complying with the hearing requirements set forth in this chapter, the hearing officer designated as such by the Commissioner pursuant to § 571-15C of this chapter may impose reasonable fines not to exceed $1,500, or suspend or revoke any for-hire vehicle registration, prearranged for-hire vehicle permit, and/or for-hire vehicle driver's license, where the holder of such registration, permit, or license has failed to comply with or has willfully or knowingly violated any of the provisions of this chapter.
(3)
Any fines and/or penalties imposed by the hearing officer assigned by the Commissioner pursuant to § 571-15C shall be calculated on a daily basis for each day a violation or condition is permitted to exist.
(4)
An action for the recovery of a penalty under this section may be
settled or compromised by the hearing officer or the Department prior
to the entry of judgment therefor.
(5)
Expenses and costs incurred by the County for the enforcement of
this chapter against a respondent may be assessed against a respondent
in addition to any other fines or penalties.
(6)
The failure to comply with an order of a hearing officer for violations,
or the failure to timely pay for any civil penalty imposed, shall
be grounds:
(7)
A person who willfully violates, refuses or fails to comply with
any order of the hearing officer of this chapter is guilty of a misdemeanor
and subject to penalty as prescribed by law.
B.
Suspension of for-hire vehicle registration or driver's license.
(1)
Where the hearing officer has reasonable grounds to believe that
it is necessary, in order to ensure the public health, safety or welfare,
he or she may order summary suspension of a license pending a proceeding
for permanent license revocation.
(a)
Such summary order shall be served upon the respondent by personal
service or by certified mail, return receipt requested, and regular
mail at the last address on file with the Commission.
(b)
Where summary suspension is invoked, the Department shall commence proceedings before a hearing officer within 72 working hours, and such hearing officer shall promptly make a determination thereon. Notwithstanding the aforementioned, no proceeding is necessary where the summary suspension results from nonpayment of a fine or failure to comply with an order in accordance with Subsection A(6)(b).
(c)
If the facts on which violations are based are also the subject
of a pending criminal investigation or criminal proceedings, then
the hearing officer may postpone the hearing until a reasonable period
of time following the final disposition of the criminal investigation
or criminal proceedings. The suspension of the respondent shall continue
pending the hearing, if deemed appropriate by the hearing officer.
(d)
If the criminal investigation is concluded without the filing
of criminal charges or if the criminal charges are dismissed against
the respondent, then the suspension shall be forthwith vacated; however,
the proceedings before the hearing officer shall continue as otherwise
provided in this chapter.
(2)
Where a for-hire vehicle has obtained a for-hire vehicle registration,
a prearranged for-hire vehicle permit and a for-hire vehicle driver's
license authorizing such vehicle to operate on an interjurisdictional
basis, the Department shall take action to suspend such for-hire vehicle
registration, prearranged for-hire vehicle permit and/or for-hire
vehicle driver's license of an owner or driver against whom there
is an outstanding judgment or an unpaid civil penalty owed for a violation
of the New York State Vehicle and Traffic Law relating to traffic
in any other licensing jurisdiction or a violation of regulations
promulgated by such other licensing jurisdiction until such judgment
is satisfied or such civil penalty is paid.
(3)
A hearing officer shall revoke or suspend any current for-hire vehicle
driver's license upon conviction of the for-hire vehicle driver
of a serious criminal offense, subject to applicable laws, including,
but not limited to, Article 23-A of the New York Correction Law.
C.
Criminal penalty. In addition to any civil penalties imposed by the
Commissioner pursuant to this chapter or pursuant to any provisions
of any County local law, County resolution, or County ordinance pertaining
to the regulation of for-hire-vehicles and drivers, any person who
shall pursue an activity or business licensed by this chapter without
obtaining the required application or license therefor or who shall
continue to engage in such activity or business after having had a
valid registration of license suspended or revoked shall be guilty
of a misdemeanor and, upon conviction, shall be subject to a fine
of not more than $5,000 or imprisonment for not more than one year,
or both. Each such violation shall be deemed a separate offense.
