[Adopted 9-6-2023 by L.L. No. 5-2023]
The Legislature passed a home rule message on March 6, 2012,
requesting that New York State authorize the County of Rockland to
regulate the licensing of livery vehicles. The Governor of the State
of New York signed Chapter 385 of the Laws of 2012 amending § 181,
Subdivision 1, of the New York State General Municipal Law, as amended
by Chapter 430 of the Laws of 2002, and § 498 of the Vehicle
and Traffic Law on August 17, 2012. The law authorizes the County
of Rockland to regulate the licensing of livery vehicles and taxis
by local law. The Rockland County Legislature has found and determined
that unlicensed passenger vehicles operating as livery and taxi vehicles
within the county pose a danger to the public because these vehicles
and the drivers who operate them may be uninsured, underinsured and/or
unsafe. The Rockland County Legislature further determined that it
is essential for the County of Rockland to make every effort to protect
the public from these uninsured, underinsured and/or unsafe drivers
and vehicles. The purpose of this article is to authorize the licensing
of livery vehicles, drivers and base stations by the County of Rockland
and to prohibit the operation of any unlicensed taxi or livery vehicles,
except where otherwise permitted within a town or village.
As used in this article, the following terms shall have the
meanings indicated:
A person who drives a livery vehicle and who holds a valid
livery driver's license issued by the Rockland County Livery Board.
A central facility or location which manages, organizes and/or
dispatches livery vehicles licensed pursuant to this article.
Any individual, firm, partnership, corporation or other entity
that owns the operation of a base station. In the event of a licensed
base station, the persons or entity that received the license and
any other person described as an owner on the application. In the
event of an unlicensed base station, the individual or entity responsible
for operating the base station, and each partner, member, officer,
principal, and/or shareholder holding more than 10% ownership of each
such entity.
The Rockland County Livery Board.
The Chairperson of the Rockland County Livery Board.
The County of Rockland.
The Director of the Office of Consumer Protection.
See taxi.
A person holding a license or permit issued by the Board
or an equivalent to such licenses or permits issued by a jurisdiction
with reciprocity with the county as per NYS Vehicle and Traffic-law
§ 498, Subdivision 2, or, where required, for which reciprocity
is approved by a determination of the Board.
A license to operate a livery vehicle issued by the Board
pursuant to the requirements of this article.
A motor vehicle, other than an exempt vehicle as defined
by this article, that is used in the business of transporting passengers
for compensation on a prearranged basis and operated in such business
under a license or permit issued by the county or another licensing
jurisdiction as provided for in this article. The term "livery vehicle"
shall apply to any vehicle that is a "prearranged for-hire vehicle",
as defined by NYS Vehicle and Traffic Law § 498, Subdivision
1, regardless of any other nomenclature defining or describing such
vehicles by any other terms, such as "black car," "limousine," etc.,
when such vehicle is operated as a prearranged for-hire vehicle.
Any of the towns or villages of the county.
The address designated by a licensee or permittee for the
mailing of all notices and correspondence from the Board and for service
of notices of violation and/or other legal notices. In the case of
a licensed base station, "mailing address" shall mean the base station's
street address. In the case of the holder of the livery driver's license,
"mailing address" shall mean the street address of the driver's residence.
In the case of the owner of a livery vehicle carrying a permit, "mailing
address" shall mean the street address of the home or business of
the owner of the vehicle.
New York State Vehicle and Traffic Law § 498. See
Appendix 1 for full text of § 498. Regardless of the text
of the appendix, all references to § 498 are to the most
current version adopted by the State of New York.
A trip that discharges any passenger within Rockland County
where the trip originated outside of Rockland County, or that picks
up any passenger within Rockland County having a destination outside
of Rockland County. With respect to regulated activities wholly within
Rockland County, a one-point trip is a trip from a locality in which
a vehicle is licensed to a location outside that locality.
A person who is being transported by a vehicle regulated
by this article, or who is awaiting the arrival of such a vehicle.
An individual, partnership, corporation or other entity.
See "livery vehicle."
The condition where the county and another jurisdiction meet
the requirements of NYS VTL § 498, Subdivision 2, which
permits prearranged for-hire drivers and vehicles to operate in both
jurisdictions under the licensing requirements of one of them.
A vehicle being used on a for-hire basis that picks up passengers
without the need for prearrangement of transportation, for example
picking up passengers hailing a ride on an ad hoc basis; or a motor
vehicle registered with the New York State Department of Motor Vehicles
as a taxi, bearing a 'taxi' license plate, and which carries passengers
picked up on an ad hoc as opposed to prearranged basis, which passengers
will be charged for such transportation.
A fully completed legibly written or electronic read-only
record, not including a pager or cell phone, that is recorded prior
to the commencement of each passenger trip and is carried at all times
in the prearranged for-hire vehicle and for-hire vehicle. Such record
shall include the passenger's name, time of scheduled pickup, location
of scheduled pickup and the final destination.
A person in whose name a vehicle is registered with the New
York State Department of Motor Vehicles or a foreign state's agency
that similarly regulates the ownership of motor vehicles. For purposes
of this article, the term shall also apply to the lessees of a leased
vehicle.
A.
General powers and duties of the Director of Consumer Protection.
(1)
The Director of Consumer Protection must:
(a)
Keep records of all licenses and permits issued, suspended,
refused or revoked by the Board and all other records related to the
implementation of this article, and make such records available for
public inspections and available online;
(b)
Act as the inspector, and within the appropriations of the county
budget, to appoint inspectors to investigate and enforce this article,
including prosecutions of administrative actions before the Board.
(c)
The Director shall make all notifications of violations of this
article to other licensing jurisdictions with which the county has
reciprocity, as required by NYS VTL § 498, Subdivision 6.
(d)
Take necessary steps to enter into a contract with the New York
State Division of Criminal Justice Services in order to effectuate
the provisions of this chapter relating to fingerprinting and criminal
background checks.
(e)
Maintain a database and access to such database by other licensing
jurisdictions of license and permit data required by NYS VTL § 498,
Subdivision 3e.
(2)
The Director is authorized to:
(a)
Conduct, or cause to be conducted, on-street inspections of
all vehicles operating as prearranged for-hire vehicles licensed under
this article or by any other licensing jurisdiction in the manner
described by NYS VTL § 498, Subdivision 5.
(b)
Subpoena witnesses and records relating to investigations and
compliance with this article;
(c)
Hold administrative proceedings, or cause administrative hearings
to be held, in accordance with rules and regulations promulgated by
the Board, to assess penalties as permitted by this article, and refer
other violations to appropriate authorities.
B.
General powers and duties of the Board.
(1)
The Board must:
(a)
Hold meetings at the call of the Chairperson as needed to promptly
undertake the business of this article.
(b)
Adopt regulations by written resolution of the Board as may
be necessary to effectuate the provisions and intent of this article,
which regulations must be ratified by a resolution of the Rockland
County Legislature prior to implementation and must include, but are
not limited to, regulations for:
[1]
The implementation of this article;
[2]
Issuance of licenses and permits described in this article;
[3]
The suspension, revocation, and renewal of the licenses described
in this article;
[4]
The continuing review of the driving record of every licensed
prearranged for-hire vehicle driver in the manner required by NYS
VTL § 498, Subdivision 4c;
[5]
Standards of prearranged for-hire vehicle driver conduct;
[6]
Standards of safety and design, comfort, convenience, noise,
air pollution control in the operation of vehicles regulated under
this article, as well as describing mandatory auxiliary equipment,
including but not limited to barriers, radios, markings, safety equipment,
etc.;
[7]
Maintenance of financial responsibility, insurance and minimum
coverage for vehicles regulated by this article; and
[8]
Passenger rights.
(c)
All such rules and regulations must be available to the public
in hard copy and available online.
(2)
The Board is authorized to:
(a)
Issue, suspend, revoke, and renew licenses as provided in this
article;
(b)
Direct the Director to conduct investigations regarding any
application, complaint or alleged violation of this article, and to
execute the regulations promulgated by the Board;
(c)
Hold administrative proceedings, or cause administrative hearings
to be held, in accordance with rules and regulations promulgated by
the Board, to grant licenses, or to renew, suspend, or revoke licenses
granted by this article;
(d)
Hold hearings concerning the state of the livery and taxi industries
within the county;
(e)
Subpoena witnesses and records relating to investigations and
compliance with this article and to obtain and provide testimony or
documents with respect to proceedings and hearings commenced by the
Board;
(f)
Recommend to the County Executive to enter into agreements with
municipalities within and outside Rockland County for intermunicipal
cooperation and enforcement pursuant to relevant state and local law;
and
(g)
Delegate its powers and duties granted under this article to
the Director for execution.
A.
Livery driver's licenses, livery vehicle permits, and base station
operation licenses are issued by the Board, at the Board's sole discretion,
and after the Board's receipt of a completed application for the requested
document.
(1)
The Board must give each license or permit a unique identifying number.
That identifying number will continue to be associated with the license
or permit upon its renewal.
(2)
The Board must maintain on a website a listing of all licenses and
permits issued by the Board, in a searchable form, with each such
license or permit affiliated with the relevant licensee or permittee,
along with the status of each such license or permit stating whether
the license or permit is valid, suspended, revoked or otherwise encumbered,
and such other information as the Board may determine to provide.
(3)
The Board must also include on a website a listing of each affiliated
driver and the base station licensee with which the driver is affiliated.
B.
The Board has the power to renew, suspend, or revoke licenses and
permits issued pursuant to the powers granted by this article.
C.
No license or permit issued under this article for any purpose shall
expire more than one year from the last day of the month in which
the permit or license was issued or renewed.
D.
A renewing applicant must file a completed application on or before
the expiration date of the permit or license, or the license or permit
is deemed abandoned and an application for a new license or permit
will be required.
(1)
Upon the timely filing of an application for renewal, an existing
permit or license shall remain in effect until a final determination
is made upon the application for renewal subject to any pending revocation
or suspension.
(2)
The time to file a renewal application will not be extended beyond
the expiration date of the prior license or permit unless the Board
resolves to, in its sole discretion, permit a late filing due to a
hardship upon the applicant or other reason acceptable to the Board.
(3)
Regardless of the date of renewal, renewed licenses and permits will
expire no more than one year following the expiration date of the
preceding license or permit being renewed.
E.
The fee for a license or permit, whether on the initial application
or upon renewal, must be paid at the time of the filing of the application
and will not be refunded in the event of a disapproval of the application.
Any application not accompanied by the required fee is an incomplete
application. The amount of the fee will be determined by the Board.
F.
No license or permit issued pursuant to this article may be issued
to an applicant for a new or renewed license or permit for a period
of three years subsequent to a final determination in a judicial or
administrative proceeding that the applicant:
A.
The application for a livery driver's license will be on a form approved
by the Board and be accompanied by such fee as the Board may require.
B.
An applicant for a livery driver's license must:
(1)
Be a natural person.
(2)
Possess a valid NYS Class A, B, or C CDL license or a Class E driver's
license from either the State of New York or the equivalent from the
state in which applicant resides. Drivers' licenses issued by non-US
jurisdictions are not acceptable.
(3)
Submit a recent digital, or three hard copies of a recent photograph
of the applicant in a size, content, and quality to be determined
by the Board.
(4)
Comply with all requirements of NYS VTL § 498 Subdivision
4a.
(5)
Provide an affidavit, in a form determined by the Board, attesting
to all offenses, violations or crimes, including traffic and parking
infractions, that such applicant has been convicted of between the
date the fingerprints were taken and the date the application is submitted
to the Director.
(6)
Indicate the base station with which the driver is or will be affiliated,
if any.
(7)
Agree that any service of papers, notice, letter, summons, complaint
or legal process of any kind relating to a license or permit issued
pursuant to this article may be made by certified mail (return receipt
requested at the sole discretion of the Director), or other trackable
delivery service, or by personal service at the address on the most
recent application, or amended application, submitted to the Board.
Also, provide an email address that may be used for service of notices
and other official papers and communications by the Office of Consumer
Protection.
(8)
Comply with the requirements of NYS VTL § 498, Subdivision
4d, by having a drug test by an approved testing company within 30
days prior to the filing of the application. The applicant shall undergo
testing for the presence of the following substances: amphetamines;
cocaine; opiates; and phencyclidines, and any other substance deemed
necessary by the Board.
(a)
Such testing shall be performed by an individual or entity designated
by the Board and possessing a requisite permit to operate a clinical
laboratory issued by the New York State Department of Health pursuant
to the authority contained in Title V of New York State Public Health
Law. In the absence of a determination by the Board, the Director
shall designate a testing facility.
(b)
Any applicant who tests positive for drugs or intoxicating liquors
will be denied a livery driver's license.
(9)
Attend and complete and submit to the Board proof of completion of
a New York State defensive driving course that satisfies the requirement
of NYS VTL § 498 Subdivision 4e.
C.
Upon receiving a complete application, the Board must:
(1)
Forward the fingerprints and processing fee to the New York State
Division of Criminal Justice Services for review in accordance with
General Municipal Law § 289.
(2)
The Board shall review the records received from the New York State
Division of Criminal Justice consistent with Article 23-A of the New
York State Correction Law and shall consider such records in making
a determination to issue the license.
A.
The application for a livery vehicle permit will be on a form approved
by the Board and be accompanied by such fee as the Board may require.
B.
An applicant for a livery vehicle permit must:
(1)
Be the owner or lessee of the vehicle for which the permit is being
sought.
(a)
If the applicant is the owner of the vehicle, the applicant
must provide a copy of the vehicle's title and registration.
(b)
If the vehicle is leased, the applicant must provide a copy
of the lease and registration. The Board may not issue a permit with
an expiration date beyond the term of the lease.
(c)
If the applicant is a natural person, then the identity of the
natural person. If the applicant is not a natural person, then the
applicant must disclose each partner, member, officer, principal,
and/or shareholder holding more than 10% of the entity, as applicable.
If any partner, member, officer, principal, or shareholder is itself
not a natural person, then each such holding entity must disclose
in the same manner until each chain of holding ends in a natural person.
(2)
Provide the make, model, license plate number, and vehicle identification
number for the vehicle.
(3)
For each person identified in Subsection B(1)(c) above, agree that any service of papers, notice, letter, summons, complaint or legal process of any kind relating to a license or permit issued pursuant to this article may be made by certified mail (with return receipt requested at the sole discretion of the Director), or other trackable delivery service, or by personal service upon the applicant at the address on the most recent application, or amended application, submitted to the Board. Also, provide an email address that may be used for service of notices and other official papers and communications by the Office of Consumer Protection, and
(4)
Indicate each base station with which the applicant is to be affiliated,
if known.
(5)
Provide any other information required by the Board.
C.
Vehicles being registered must:
(1)
Have three or more doors; a trunk, hatch, or door access on the back
of a vehicle shall not be counted as a door unless it has been designed
by the manufacturer of the vehicle for the purpose of passenger access;
(2)
Hold 20 or fewer passengers;
(3)
Pass an inspection conducted by such persons or entities that the
Board must designate. The Board will require such reasonable qualifications
for safety and soundness of the vehicle as the Board may determine.
(4)
Possess such other features, characteristics or equipment that the
Board may require.
A.
The application for a base station license will be on a form approved
by the Board and be accompanied by such fee as the Board may require.
B.
An applicant for a license to operate a base station must:
(1)
Disclose the applicant's identity.
(a)
If the applicant is a natural person then the identity of the
natural person.
(b)
If the applicant is not a natural person, then the applicant
must disclose each partner, member, officer, principal, and/or shareholder
holding more than 10% of the entity, as applicable. If any partner,
member, officer, principal, or shareholder is itself not a natural
person, then each such holding entity must disclose in the same manner
until each chain of holding ends in a natural person.
(2)
Provide the present location of the base station to be operated.
If the base station does not exist at the time of the application,
then provide the intended town and, if applicable, the village in
which it will be established.
(3)
Submit a list of all affiliated drivers and vehicles to be dispatched
by the base station, including their livery driver's license numbers.
(4)
Provide to the Board a bond in the amount of $5,000 with one or more
sureties to be approved by the Commission to assure the payment by
the licensee of all civil penalties imposed pursuant to any provision
of this article. Such bond shall be for the benefit of Rockland County
and shall be conditioned upon the licensee complying with the requirement
that only affiliated drivers and vehicles licensed or permitted by
the Board are dispatched from the base station.
C.
Provide any other information or documentation that the Board may
require.
D.
Upon receipt of an application for a new base station or for the
renewal of a license for a previously licensed base station, the Board
must, within five business days, submit notification to the Supervisor/Mayor
of the town/village in which such base station is or would be located,
or his/her designee. The notice must advise the municipality of its
right to submit a comment concerning the application within 20 business
days. Any comment may be considered by the Board in granting the application.
Should the municipality fail to comment, the lack of comment is not
a ground to deny the application.
A.
Convictions for violations. All licensees shall be subject to license
suspension in the manner set forth in NYS VTL § 498 Subdivision
3a. Base station operators are included in the class of persons subject
to suspension, revocation or nonrenewal of licenses for the reasons
set forth in § 498, Subdivision 3a.
B.
Display of vehicle permit. As required by NYS VTL § 498,
Subdivision 3b, the owner of every vehicle operated as a livery vehicle
in the county shall display a livery vehicle permit issued pursuant
to this article, or issued by another jurisdiction with which the
County has reciprocity, and the rules and regulations of the Board.
NOTE: While § 498, Subdivision 3b, refers to this document
as a "license," § 498 Subdivision 1c, states that "Prearranged
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 prearranged basis and operated in such business under a license
or permit issued by a licensing jurisdiction. (emphasis added). The
county has chosen to use the term "permit."
C.
Insurance. The owner of each livery vehicle licensed shall maintain
the insurance or other financial security required by NYS VTL § 498,
Subdivision 3c. Base station operators must have continuous financial
security or insurance coverage that may be required by the Board.
D.
Vehicle inspection. As required by NYS VTL § 498, Subdivision
3d, and the rules and regulations of the Board, the owner of each
livery vehicle must ensure that the vehicle is inspected and displays
a valid New York State Department of Motor Vehicles inspection sticker
or the equivalent from the state in which the vehicle received its
state registration.
E.
Licensed operation of livery vehicles.
(1)
As required by NYS VTL § 498, Subdivision 3f, no person
may operate a) a livery vehicle, b) a vehicle being operated as a
livery vehicle; or c) a vehicle displaying a livery vehicle permit
unless the operator has in their possession a valid New York State-issued
Class A, B, or C CDL license or a Class E driver's license.
(2)
As required by NYS VTL § 498, Subdivision 3g, no person
may operate a) a livery vehicle; b) a vehicle being operated as a
livery vehicle; or c) a vehicle displaying a livery vehicle permit
unless their livery driver's license is in their possession, and displayed
in any manner required by the Board, while operating the vehicle.
(3)
Livery vehicles may only be operated by a person holding a livery
driver's license issued pursuant to this article or an equivalent
license issued by another jurisdiction with which The County has reciprocity.
(4)
Persons holding a livery driver's license issued by the Board may
only be dispatched by the base station with which that driver is affiliated.
(5)
A livery vehicle driver must display and produce the driver's livery
driver's license in a vehicle being operated as a livery vehicle in
the manner required by NYS VTL § 498, Subdivision 3h, and
in any other manner required by the Board.
F.
Trip logs.
(1)
The driver of a livery vehicle must keep a trip log, recording all
trips, including each interjurisdictional trip, the record of which
is to be entered prior to the commencement of such trip in accordance
with the requirements of NYS VTL § 498, Subdivision 3i.
(2)
The log must be maintained in the vehicle, and kept readily accessible
in a form and manner prescribed by the Board, 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 the Board or the licensing authority of any other jurisdiction
in which the vehicle is operated.
(3)
Such record shall be kept for a period of no less than one year after
such trip.
(4)
Failure to produce such a log maintained in the manner prescribed
by a licensing jurisdiction when requested by a police officer or
other enforcement personnel shall be presumptive evidence of illegal
operation, whether within the county or interjurisdictionally.
G.
Standards for ownership of a livery vehicle.
(1)
As required by NYS VTL § 498, Subdivision 3j, the owner
of a livery vehicle must hold a valid state-issued vehicle registration
for each vehicle possessing a livery vehicle permit.
(2)
No owner of a vehicle being used as a livery vehicle may allow its
vehicle to be operated in violation of the prohibition against interjurisdictional
business operation contained in NYS VTL § 498, Subdivision
3k.
H.
Standards for drivers of livery vehicles.
(1)
Serious criminal offenses.
(a)
As required by NYS VTL § 498, Subdivision 4b, and
to the extent required by that section, a holder of a livery driver's
license may have that license suspended, revoked, or be subject to
denial of renewal upon conviction of a serious criminal offense.
(b)
All holders of livery driver's licenses issued pursuant to this
article must report any arrest, indictment, or conviction for a serious
criminal offense to the Director within three business days of occurrence.
(c)
Reports of arrest or indictment are for recordkeeping and follow-up
purposes only. No action may be taken against a license or permit
issued pursuant to this article by the Board or Director based solely
upon a report of arrest or indictment.
(d)
The term "serious criminal offense" as used in this section
has the meaning set forth in NYS VTL § 498, Subdivision
1f.
(2)
Other offenses. Within 72 hours of conviction, report to the Director:
I.
Standards for base station operators.
(1)
Base station license required. No person may operate a base station
in Rockland County dispatching for livery passenger pickups where
passengers will embark in the Rockland County without a valid base
station license issued pursuant to this article; and
(2)
Every base station that conducts operations in Rockland County:
(a)
Must possess a license to operate in Rockland County or to dispatch
vehicles to pick up passengers in Rockland County.
[1]
Notwithstanding the preceding, base station operators whose
base stations are not located in Rockland County do not require a
license to dispatch livery vehicles for one-point trips originating
outside Rockland County; and
[2]
Base station operators both within and outside the county are
prohibited from interjurisdictional business operation as per NYS
VTL § 498, Subdivision 3k.
(b)
Is prohibited from dispatching a driver not on its list of affiliated
drivers on file with the Director.
(c)
Is prohibited from dispatching any driver who does not have
a valid state-issued driver's license of Class A, B, or C CDL license
or a Class E, and a livery driver's license.
(d)
Is prohibited from dispatching a vehicle without a valid livery
vehicle permit.
(e)
Is liable for violations of this chapter, for any violation
by a dispatched driver, or violations related to any vehicle operated
by a dispatched driver.
J.
Prohibition on the operation of taxis. No person may operate a vehicle
as a taxi in Rockland County. Notwithstanding the foregoing:
(1)
If a person operates a vehicle as a taxi pursuant to the laws of
a locality within Rockland County, the taxi may be operated without
county restriction where the taxi is operated wholly within that locality;
or
(2)
If a person operates a vehicle as a taxi pursuant to the laws of
any locality in which the person is authorized by that locality to
operate a taxi, that person may engage in one-point trips that pick
up passengers in the locality in which the driver is authorized and
to drop passengers at other locations within Rockland County without
county restriction; and
(3)
Regardless of the exceptions described above, with respect to any
one-point trip, the operator will be subject to the laws of the state
and any locality in Rockland County where the vehicle is operated
or a passenger is picked up or dropped off.
K.
No person may alter or deface any license or permit document issued
pursuant to this article.
L.
No person may violate any order, rule or regulation of the Board
or the Director.
M.
Exempt vehicles.
(1)
No operator of an exempt vehicle, exempt vehicle, or base station
dispatching an exempt vehicle is subject to any requirements, restrictions
or standards of conduct stated in this article.
(2)
An "exempt vehicle" is any motor vehicle which is used for:
(a)
Passenger transportation by a transportation network company.
A "transportation network company" is a company which prearranges
trips between paying passengers and drivers who provide the transportation
in the driver's own noncommercial vehicle through a digital network
as defined in NYS Vehicle and Traffic Law Article 44B;
(b)
A commercial transportation purpose for charge or by hire by
paying passengers or persons for whom a fare has been paid but which
is, or is being used as;
(c)
An ambulance;
(d)
A truck carrying freight or otherwise engaged in interstate
commerce;
(e)
A vehicle used for educational purposes and under contract with
or operated by, or pursuant to a contract with, a school district;
(f)
A bus or vehicle used for public mass transit;
(g)
A vehicle used in a funeral; or
(h)
A vehicle for such other purpose as defined by the Board and
described in a regulation, or as otherwise may be legally exempt from
the provisions of this chapter.
(3)
The Board is authorized to define specifications for these classifications
of exempt vehicles or exempt other vehicles in its rules and regulations.
A.
Notice of violation.
(1)
The Director may issue a notice of violation to any person who has
violated any provisions of this article or any prohibited conduct
described in a rule or regulation promulgated for the implementation
of this article.
(2)
The person subject to the notice shall be known as the 'respondent.'
(3)
The notice of violation must, at a minimum, contain:
(a)
A description of the date and time of each violation;
(b)
The identifying information, including name, for each respondent
driver, vehicle owner, or base station operator who committed the
violation; and
(c)
Any civil penalty assessed for each violation itemized by violation,
or other remedy that the Director is authorized to order or assess.
B.
The assessment of a civil penalty permitted by this article will
be by a method determined by the Director in the rules and regulations
implementing this article. The Director must afford all respondents
appropriate due process for each of the violations stated.
C.
When a hearing will occur, the respondent must receive a notice of
hearing including:
(1)
A statement that the respondent has the right to be represented by
counsel, the right to present evidence, and the right to examine and
cross-examine witnesses;
(2)
A statement that the personal appearance of the respondent is required
at the hearing;
(3)
A warning that failure to appear at such hearing shall constitute
a default whereby the Director may proceed with the hearing in the
respondent's absence and a determination may be made against the respondent
without further opportunity for the respondent to offer evidence or
a statement in mitigation of penalty; and
(4)
A statement that an adjournment may only be granted upon application
to the Director.
D.
Notices of violation and notices of hearing must be served upon the
respondent(s) by:
(1)
Personal service on respondent or his/her designee described in the
respondent's most recent application for a license or permit; or
(2)
By certified mail, (the notice may be delivered as return receipt
requested at the sole discretion of the person issuing the notice
of Hearing), or other trackable delivery service, to the address listed
for the licensee on the most recent application for a license or permit
subject to.
A.
Civil penalties.
(1)
In addition to and notwithstanding any other relief that may be available
or which may be sought under this article or any other applicable
law the Director may, after a hearing by a process determined by the
Board, assess civil penalties under the terms described in this section
not to exceed $2,000 per violation, with each calendar day upon which
a violation continues to exist being a separate violation.
(2)
Upon the Director's issuance of a determination to assess a civil
penalty, the Director must refer the matter to the Board. The Board
may, by a process it determines, assess any potential action on a
related license or permit or, in the case that the Director deems
it necessary, refer the matter to any other appropriate authority
for prosecution of a criminal offense.
(3)
Upon the assessment of a civil penalty, the Board is authorized,
where it deems necessary, to take action to issue a warning to the
respondent or to take action to revoke, suspend or refuse renewal
of any license or permit held by the respondent.
B.
Expenses and costs incurred by the county for the enforcement of
this chapter against the respondent may be assessed against a respondent
in addition to any other fines, penalties, or other means of enforcement.
Such expenses may include reasonable attorney's fees and expenses
incurred in the prosecution of the matter and the collection of any
civil penalty, including those costs and expenses incurred by the
Office of the County Attorney or any other counsel retained by the
county to perform enforcement of this article or penalty collection
activities.
C.
The failure to comply with an order issued pursuant to this chapter
or the failure to timely pay for any civil penalty imposed shall be
grounds for the Director to:
(1)
Commence legal action to enforce the order or recover the civil penalty
assessed by the Board in any court of competent jurisdiction; and/or
for the Board to.
(2)
Suspend, or not renew, the respondent's license or permit until the
civil penalty is paid and/or until the respondent fully complies with
the order of the Board.
D.
Abatement. The Board may resolve to seek to abate or prevent a violation
of this article by a legal action in a court of appropriate jurisdiction.
A.
In addition to and notwithstanding any other relief that may be available
or which may be sought under this article or any other applicable
law, a person who willfully violates, refuses or fails to comply with
any order of the Board is guilty of an 'A' misdemeanor punishable
by imprisonment up to one year and a fine of up to $1,000.
B.
In addition to any other person authorized by law, the Director and
any employee of the County authorized by the Director may issue appearance
tickets for any violation of this article or refer a violation to
an appropriate authority to prosecute under this section.
A.
In addition to and notwithstanding any other relief that may be available
or which may be sought under this article or any other applicable
law, the Director may issue a summary suspension of a license or permit
under the terms described in this section. Where the Director has
reasonable grounds to believe that it is necessary in order to the
ensure the public health, safety or welfare, the Director may order
summary suspension of a license or permit issued pursuant to this
article effective immediately.
B.
A summary suspension order must be served upon the respondent by
personal service, or by other trackable overnight mail service and
by regular mail, to the last address on file with the Board.
C.
Where summary suspension is invoked, the Director must commence proceedings
within 72 hours to offer the respondent an opportunity to be heard
and promptly make findings of fact and a determination on the issue
of summary suspension.
(1)
The Director's failure to render and serve a determination within
five business days will result in the immediate administrative termination
of the summary suspension at 11:59 p.m. on the last business day.
The Director must report the occurrence of an administrative termination
of an order for summary suspension to the Board within five business
days of the administrative termination.
(2)
No new order of summary suspension may be issued for the same transaction,
occurrence, or condition after an administrative termination. There
is, however, no bar to any other means of enforcement of this article.
D.
When a hearing occurs, the Director must deliver the record and determination
concerning the order of summary suspension to the Board within five
business days of the conclusion of the hearing.
E.
No summary suspension may be in effect for more than six months from
the date of the initial determination by the Director to issue the
summary suspension.
In addition to and notwithstanding any other relief that may
be available or which may be sought under this article or any other
applicable law, the Director may direct the immobilization of a vehicle
operated as a livery vehicle pursuant to the terms of this section.
A.
As used in this section, the phrase "vehicle immobilizer," also known
as a "boot," shall mean any device which is locked to the wheel of
a vehicle to prevent the vehicle from being driven.
B.
In addition to any other penalties provided for in this chapter,
a vehicle immobilizer may be applied to any vehicle whose owner has
failed to pay civil penalties which exceed $1,000 resulting from violations
of this article assessed by the Director against the owner of the
vehicle, the driver of the vehicle and/or the owner of the base station
with which the vehicle is affiliated.
C.
The Director must notify the owner of the vehicle that the vehicle
immobilizer will remain attached to the vehicle until the outstanding
civil penalties are paid. Such written notice shall be served as soon
as practicable but in no event later than one business day after the
vehicle immobilizer has been applied.
D.
Contact information for the Division of Livery Regulation by address,
telephone and email must be conspicuously posted on each vehicle immobilizer
device and/or left on the windshield of the vehicle.
E.
If a vehicle is immobilized in a location where it cannot legally
remain, the vehicle may be towed to a location designated by the Director.
Law enforcement personnel may also tow a vehicle which has been immobilized
for public safety reasons or to protect the immobilized vehicle.
F.
The Director shall not authorize the release of any immobilized or
towed vehicle until all of the following fees and penalties have been
in full or otherwise satisfied:
(1)
Fees relating to the application of the vehicle mobilizer;
(2)
Fees, if any, relating to transport of any passenger who was in the
vehicle at the time the vehicle immobilizer was applied. This fee,
if any, shall be the same amount that the passenger was being charged
for his/her transport when such transport was interrupted when the
vehicle immobilizer was applied;
(3)
Fees for towing payable by the county, if applicable;
(4)
Storage fees payable by the county, if applicable; and
(5)
All unpaid civil penalty assessments.
G.
The unauthorized removal or destruction of a vehicle immobilizer
may result in a criminal prosecution in accordance with the provisions
of New York State Penal Law and New York State Criminal Procedure
Law.
A.
Appellate panel.
(1)
The County Executive, upon requesting a proposal for candidates from
the Chair of the Legislature, and subject to confirmation by the County
Legislature, will annually designate three members of the Legislature
to hear appeals on matters related to this article for that calendar
year. On a case-by-case basis, the County Executive may, upon requesting
a proposal for candidates from the Chair of the Legislature, and subject
to confirmation by the County Legislature, submit changes to the panel
in whole or in part.
(2)
The appellate panel will meet no less frequently than once per month
to review all pending appeals.
(3)
The appellate panel has the authority to make such regulations as
it believes to be required with respect to this section, including
the setting of fees. All such regulations are subject to approval
by resolution of the full Legislature.
B.
Review of action by Board or Director. Any person aggrieved by the
action of the Board or the Director in refusing to issue a license
or to permit the renewal or use thereof or suspending or revoking
a license or making any decision or determination may take an appeal
from that determination to the Legislature.
(1)
A notice of appeal, in a form determined by the County Legislature,
must be filed with the Clerk of the Legislature and the Director within
30 days.
(2)
To be a valid filing, all information requested on the form must
be provided and all fees required to file the notice of appeal must
be paid in full on or prior to the expiration of the thirty-day filing
period.
(3)
The notice of appeal form will be in a form approved by the County
Legislature, which must include:
(4)
The Board or Director, dependent on who made the determination being
appealed from, must, as soon as practicable, transmit to the Clerk
of the Legislature all the papers constituting the record upon which
the action appealed from was taken.
(5)
Stay of administrative proceedings upon appeal.
(a)
Upon filing of a notice of appeal, all proceedings in furtherance
of the action appealed from will be stayed.
(b)
Notwithstanding the foregoing, if the Board or the Director
issues a finding to the Legislature stating that a stay of all proceedings
would present a risk of imminent danger to the public, the stay will
not be in effect unless the appeal panel overrides the determination
in the certificate and grants a stay of all proceedings in furtherance
of the action appealed from.
(6)
The legislative appeal panel will review each matter filed by notice
of appeal and make a preliminary determination, before any argument
or testimony, to certify the appeal for further hearing or argument.
(a)
If the legislative appeal panel declines to certify the appeal,
then the determination of the Board or Director becomes final and
any stay in effect as the result of the application of this section
is terminated.
(b)
If the legislative appeals panel does certify the appeal, it
must fix a time and date for the hearing of the appeal.
[1]
The Clerk of the Legislature must serve notices of the hearing
by first-class mail to each appealing respondent and any attorney
representative of the respondent identified on a notice of appeal.
The Clerk shall also deliver the notice to the Board or Director that
issued the determination on appeal.
[2]
The notices must be served on the appealing respondent by mail
at least 10 days before the hearing.
[3]
All exhibits proposed to be submitted as evidence at the hearing
of the appeal shall be filed with the Clerk to the Legislature at
least three days prior to said hearing.
(7)
At the hearing, any party may appear in person or by an attorney.
(8)
The legislative appeal panel will rehear the case de novo, taking
such testimony and argument of law from the Board or Director and
the respondent as the panel may choose, while affording the respondent
due process.
(9)
Following the hearing on appeal, the legislative appeal panel will
issue a determination and serve that determination on the respondent,
the respondent's attorney, if any, and the Board or the Director that
made the underlying decision.
(10)
Any person aggrieved by any determination made upon an appeal
may apply to the Supreme Court of the State of New York for review
by a proceeding under Article 78 of the Civil Practice Law and Rules,
provided that the proceeding is commenced within 30 days after the
legislative appeal panel's determination is received by the respondent.
A vehicle with a vehicle license or permit that has been issued
by a qualified jurisdiction, which jurisdiction has been recognized
by resolution passed by the County Legislature, will be granted reciprocity
as set forth in § 498, provided that the vehicle meets all
of the requirements set forth in § 498 of the New York State
Vehicle and Traffic Law.
A driver holding a current, valid prearranged for-hire vehicle
and for-hire driver's license issued by a qualified jurisdiction in
accordance with NYS VTL § 498, as recognized by resolution
passed by the County Legislature, will be granted reciprocity as set
forth in NYS VTL § 498 provided that the driver meets all
of the criteria of, and complies with all requirements set forth in,
that section.
This chapter shall not be construed to relieve from nor lessen
the responsibility of any individual licensed and/or owner of a permitted
vehicle under this article for any loss of life or damage to person
or property, nor shall the County of Rockland be deemed to have assumed
any such liability by reason of any license and/or permit issued pursuant
to this article.
