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:
AFFILIATED DRIVER
A person who drives a livery vehicle and who holds a valid
livery driver's license issued by the Rockland County Livery Board.
BASE STATION
A central facility or location which manages, organizes and/or
dispatches livery vehicles licensed pursuant to this article.
BASE STATION OWNER
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.
BOARD
The Rockland County Livery Board.
CHAIRPERSON
The Chairperson of the Rockland County Livery Board.
COUNTY
The County of Rockland.
DIRECTOR
The Director of the Office of Consumer Protection.
LICENSEE or PERMITTEE (or LICENSE OR PERMIT HOLDER)
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.
LIVERY DRIVER'S LICENSE
A license to operate a livery vehicle issued by the Board
pursuant to the requirements of this article.
LIVERY VEHICLE (ALSO KNOWN AS PREARRANGED FOR-HIRE VEHICLE)
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.
LOCALITY
Any of the towns or villages of the county.
MAILING ADDRESS
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.
NYS VTL
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.
ONE-POINT TRIP
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.
PASSENGER
A person who is being transported by a vehicle regulated
by this article, or who is awaiting the arrival of such a vehicle.
PERSON
An individual, partnership, corporation or other entity.
RECIPROCITY
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.
TAXI (also FOR-HIRE VEHICLE)
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.
[Amended 6-4-2024 by L.L. No. 6-2024]
TRIP SHEET
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.
VEHICLE OWNER
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.
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 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.
[Added 7-9-2024 by L.L. No. 7-2024]
If at any time the rules and regulations are not in effect,
no part of this article can be enforced in any manner.