New York General Municipal Law § 181(1) was amended
effective August 31, 2016, to authorize the County of Dutchess to
adopt a local law regulating the registration and licensing of taxicabs,
limousines, and livery vehicles. It is hereby determined that the
enactment of this chapter will be in the best interests of the County
of Dutchess. It is the intent of the Dutchess County Legislature to
remedy an inequity that exists due to the fact that Dutchess County
taxicabs, limousines, and livery vehicles may not currently legally
operate in jurisdictions outside of Dutchess County such as New York
City or Westchester County without risking being fined or having their
vehicles seized, for example, by the New York City Taxi and Limousine
Commission. This chapter will enable the County of Dutchess to be
entitled to reciprocity with jurisdictions outside of the County of
Dutchess that require operators to have a local taxicab, limousine,
or livery vehicle license, thereby preventing the fining and/or seizure
of vehicles of County of Dutchess licensees.
Pursuant to Vehicle and Traffic Law § 498, any person
wishing to drive, operate, offer or keep for hire or charge within
the limits of the County, for interjurisdictional operation, any taxicab
or other motor vehicle providing transportation service for charge
or fee may obtain and pay for a taxi driver's license, a taxicab
vehicle license, and a taxicab company license, if applicable, and
all other licenses and permits required by law, and cause the same
to be and remain in force and effect at all times under the provisions
of this chapter. This chapter and any rules and regulations promulgated
incident thereto may be administered on behalf of the County by a
licensing jurisdiction with whom the County enters into an intermunicipal
agreement for that purpose.
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished as provided in applicable law; and in
addition thereto, if a licensee, or the owner, operator or driver
of a licensed vehicle, his/her license or licenses or those issued
to or for such vehicle may be suspended or revoked. The County may,
in its discretion, temporarily suspend a license pending outcome of
the prosecution of the licensee under this chapter or under any other
provision of any applicable law, code, rule or regulation. The penalties
set forth herein shall be in addition to and not instead of any other
penalties imposed by any other applicable law, code, rule or regulation
of any other governmental or regulatory agency or entity.
Whenever a state of emergency is declared by the County Executive,
the County may suspend the provisions of this chapter, in whole or
in part, for part or all of the period during which such emergency
conditions may prevail. Such power shall include but not be limited
to the suspension of the requirement that fares be paid by passengers
and/or other requirements of this chapter. Under such circumstances,
all drivers and operators shall endeavor to keep and maintain accurate
records showing the trips provided and the details of same during
such period, similar to such records as would be required to be kept
by this chapter if such period of emergency had not existed.
The responsibility for the administration and enforcement of
this chapter shall be with the Dutchess County Department of Public
Works. The Commissioner of Public Works shall be vested with the power
to promulgate rules and regulations consistent with this chapter.
Taxicab Licensing Rules and Regulations are submitted herewith for
adoption by local law.