It is unlawful for any person to transfer or assign any license,
certificate or permit, or the identification device therefor, issued
under the provisions of this chapter, to any other person or from
one vehicle to another.
A.
Expirations. All licenses, certificates and permits issued hereunder
shall expire at 12:00 midnight on the first day one year following
the date of issuance.
B.
Renewals. Applications for renewal of all licenses, certificates
and permits shall be made no earlier than 60 days prior to the expiration
date thereof. An application for renewal of any license, certificate
or permit made more than 30 days after the expiration date thereof
shall be subject to an additional penalty fee, as set forth herein.
A.
Business owner's license.
(1)
Issuance. Upon approval of an application, the Commissioner shall
issue to the business owner a license bearing the title "Business
License: Transportation For Hire."
(2)
Posting. Owners, at all times, are responsible for keeping said license
conspicuously posted and securely fastened at their business offices
within the Town of Brookhaven, in a clear and readable manner.
(3)
Contents. The license shall set forth the following information:
(a)
The name and business address of the owner of the business so
licensed.
(b)
The signature and seal of the Commissioner imprinted thereon.
(c)
A statement certifying that the person and/or business to whom
such permit is issued is authorized to operate that business for the
purpose of transporting passengers for hire.
(d)
The dates of issuance and expiration of such license and the
number thereof.
B.
Vehicle's certificate of operation.
(1)
Issuance. Upon approval of an application, the Commissioner shall
issue for each vehicle a certificate bearing the title: "Certificate
of Operation: Transportation For Hire."
(2)
Posting. Owners, at all times, and operators, while in possession
of a vehicle, are responsible for keeping said certificate conspicuously
posted and securely fastened in the interior of said vehicle, in a
clear and readable manner.
(3)
Contents. The certificate shall set forth the following information:
(a)
The name and business address of the owner of the vehicle and
the business which is certified to use said vehicle for the purpose
of transporting passengers for hire.
(b)
The name and business address of the certificate of operation
holder, if different.
(c)
The signature and seal of the Commissioner imprinted thereon.
(d)
A statement certifying that the vehicle to which such certificate
is issued is authorized to be used for the purpose of transporting
passengers for hire by said business.
(e)
A statement certifying that the business to which such certificate
is issued is authorized to engage in the business of transporting
passengers for hire.
(f)
The dates of issuance and expiration of such certificate and
the numbers thereof.
(g)
The make, type, seating capacity, name of owner, New York State
vehicle registration number, vehicle identification number, license
plate number and fleet number, if applicable, of said vehicle.
A.
Filing. Owners must file with the Commissioner a copy of the current,
valid schedule of fares to be charged for the transportation of passengers
for hire in their vehicles.
B.
Posting. Owners, at all times, and operators, while in possession
of a vehicle, are responsible for keeping said schedule conspicuously
posted and securely fastened in the interior of each vehicle, in a
clear and readable manner.
D.
Restrictions. No fare may be charged in excess of the rates fixed
on the schedule of fares, and no fare may be charged whatsoever if
said schedule is not posted as required herein.
A.
Issuance. Upon approval of an application for a certificate of operation,
the Commissioner shall issue a placard for each vehicle bearing the
title: "Passenger Regulations, Rights and Complaints."
B.
Posting. Owners, at all times, and operators, while in possession
of a vehicle, are responsible for keeping said placard conspicuously
posted and securely fastened in the interior of each vehicle, in a
clear and readable manner.
C.
Contents. The placard shall set forth the activities by passengers
that are prohibited, their rights and where to file complaints, as
prescribed by this chapter.
A.
Maintenance of dispatch logs. Owners, at all times, are responsible
for maintaining and immediately updating a written log, recording
all engagements of all vehicles used in said business, the time and
place each passenger engaged each vehicle, the time and place each
passenger terminated the engagement of each vehicle and the fares
charged for each engagement.
B.
Maintenance of trip logs. Owners, at all times, and operators, while
in possession of a vehicle, are responsible for maintaining and immediately
updating a written log of all trips for and in each vehicle, recording
all engagements of all vehicles used in said business, the time and
place each passenger engaged each vehicle, the time and place each
passenger terminated the engagement of each vehicle and the fares
charged for each engagement.
C.
Inspections. Such records must be kept for three years from the date
the vehicle is taken out of service and must be available for inspection
by the Town, upon request, at all times during said period.
A.
Public properties. Owners or operators involved in transportation
for hire shall not have exclusive rights to any location on any street,
road or highways, or on any public property, unless so prescribed
by a contract or franchise agreement with the public entity owning
said property.
B.
State highways. Owners or operators involved in transportation for
hire shall not occupy any part of a state highway for the purpose
of soliciting passengers for so long as the same is governed and regulated
by New York State Vehicle and Traffic Law §§ 1157(c)
and 1800.
A.
Business owners.
(1)
Filing. Owners shall, prior to issuance of their licenses and/or
certificates of operation, file with the Commissioner memoranda of
insurance for the business and each vehicle used therein.
(2)
Contents. The memoranda shall set forth the following information:
(a)
That the business and each vehicle licensed are insured against
public liability in at least the minimum limits required by the laws
of State of New York for personal injury and property damage, which
insurance shall be maintained in force during the period covered by
the license.
(b)
That said insurance company shall provide the Town of Brookhaven
with 30 days' prior written notice of cancellation.
(c)
The name, local address and telephone number of the insurance
agent.
(3)
Cancellation. If said insurance is suspended or cancelled for any
reason whatsoever, the business license and all certificates of operation
for each vehicle shall be suspended until such time as a reinstatement
of said policy or memorandum of an acceptable, current and valid policy
is filed with the Commissioner.
B.
Vehicle operator. Operators, while in possession of a vehicle, are
responsible for having the valid, current insurance card for said
vehicle, issued to the business and/or vehicle owner, with them at
all limes.
A.
Disapproval, suspension or revocation. Holders of licenses, certificates
and/or permits issued pursuant to this chapter must surrender same
to the Commissioner immediately upon demand after the disapproval,
suspension or revocation thereof.
B.
Sales. Holders of licenses and/or certificates, issued pursuant to
this chapter, must surrender same to the Commissioner immediately
upon, and in no case later than seven days from, the sale or other
disposition of a business or any vehicle.
C.
State actions. Holders of licenses, certificates and/or permits,
issued pursuant to this chapter, must surrender same to the Commissioner
immediately upon, and in no case later than seven days from, suspension
or revocation by the State of New York of any relevant license, permit
or registration.
Each person licensed pursuant to this chapter shall, upon the
sale or other disposition of a licensed taxicab or limousine, within
26 hours, notify the Commissioner of the sale or other disposition,
surrender the license, certificate and permit issued for the vehicle
and submit proof that the license plates have been surrendered to
the Department of Motor Vehicles.