Section 19-502. Definitions  


Latest version.
  • For the purpose of this chapter:
        a.  "Coach"  means a motor vehicle carrying passengers for hire in the
      city, designed to comfortably  seat  not  more  than  seven  passengers,
      operating  from coach hack stands designated by the commission, and duly
      licensed as a coach by the commission.
        b. "Commission" means the New York city taxi and limousine commission.
        c. "Driver" means a person licensed  hereunder  to  drive  a  licensed
      vehicle in the city.
        d.  "Driver's  license"  means  a  license  for a driver issued by the
      commission.
        e. "Vehicle license" means taxicab license, coach license,  wheelchair
      accessible  van  license  or  for-hire  vehicle  license  issued  by the
      commission.
        f. "Licensed vehicle" means a taxicab,  coach,  wheelchair  accessible
      van or for-hire vehicle licensed by the commission.
        g.  "For-hire  vehicle"  means a motor vehicle carrying passengers for
      hire in the city, with a seating capacity of twenty passengers or  less,
      not  including  the  driver,  other  than  a  taxicab, coach, wheelchair
      accessible van, commuter van or an authorized bus operating pursuant  to
      applicable  provisions  of  law.  For  the  purpose of this subdivision,
      "seating capacity" shall  include  any  plain  view  location  which  is
      capable  of  accommodating  a  normal  adult  is part of an overall seat
      configuration and design and is likely to be used as a seating  position
      while the vehicle is in motion.
        h.  "Medallion"  means  the  metal  plate issued by the commission for
      displaying the license number of a licensed taxicab on  the  outside  of
      the vehicle.
        i.  Except as is otherwise provided in subdivision f of section 19-506
      "owner" means any person, firm, partnership, corporation or  association
      owning  and operating a licensed vehicle or vehicles and shall include a
      purchaser under a reserve title contract, conditional sales agreement or
      vendors lien agreement, and a lessee of any  such  vehicle  or  vehicles
      under  a  written  lease or similar contract approved by the commission.
      Provided, however, that with respect to a commuter van, "owner" means  a
      person,  other  than a lien holder, having the property in or title to a
      vehicle. The term includes a person entitled to the use  and  possession
      of  a  vehicle subject to a security interest in another person and also
      includes any lessee or bailee of a  vehicle  having  the  exclusive  use
      thereof,  under  a  lease or otherwise, for a period greater than thirty
      days. If a vehicle is sold under a contract of  sale  which  reserves  a
      security  interest in the vehicle in favor of the vendor, such vendor or
      his assignee shall not, after delivery of such vehicle, be deemed to  be
      an  owner  within the provisions of this subdivision, but the vendee, or
      his or her assignee, receiving possession thereof, shall  be  deemed  an
      owner  notwithstanding  the  terms of such contract, until the vendor or
      his or her assignee shall retake possession of such vehicle.  A  secured
      party  in whose favor there is a security interest in any vehicle out of
      his or her possession shall not be deemed to  be  an  owner  within  the
      provisions of this subdivision.
        j.  "Rate  card"  means  a  card,  issued  by  the commission for each
      vehicle, which displays the vehicle license number, rates of  fare,  and
      such other data as the commission may prescribe.
        k.   "Taximeter"  means  an  instrument  or  device  approved  by  the
      commission by which the charge to a passenger for  hire  of  a  licensed
      vehicle  is automatically calculated and on which such charge is plainly
      indicated.
        l. "Taxi", "taxicab" or "cab" means motor vehicle carrying  passengers
      for  hire  in  the city, designed to carry a maximum of five passengers,
    
      duly licensed as a taxi cab by the commission and  permitted  to  accept
      hails from passengers in the street.
        m. "Wheelchair accessible van" means any motor vehicle equipped with a
      hydraulic lift or ramps designed for the purpose of transporting persons
      in  wheelchairs  or  containing  any other physical device or alteration
      designed to permit access to and enable the transportation of physically
      handicapped persons.
        n. "Handicapped  transportation  service"  means  one  or  more  motor
      vehicles  for hire or operated by a non-profit organization for carrying
      passengers for hire in the city by means of a wheelchair accessible  van
      or vans and not permitted to accept hails from prospective passengers in
      the street.
        o.  "Central business district of the borough of Manhattan" means that
      area of  the  borough  of  Manhattan  lying  south  of,  and  including,
      ninety-sixth street.
        p.  "Commuter  van"  means  a  commuter  van  service having a seating
      capacity of at least nine passengers but not more than twenty passengers
      or such greater capacity as the commission may  establish  by  rule  and
      carrying passengers for hire in the city duly licensed as a commuter van
      by  the  commission  and  not permitted to accept hails from prospective
      passengers in the street. For purposes of the provisions of this chapter
      relating to  prohibitions  against  the  operation  of  an  unauthorized
      commuter   van  service  or  an  unlicensed  commuter  van  and  to  the
      enforcement of such prohibitions and to the imposition of penalties  for
      violations  of such prohibitions, the term shall also include any common
      carrier of passengers by motor vehicle not subject  to  licensure  as  a
      taxicab, for-hire vehicle, or wheelchair accessible van or not operating
      as  an authorized bus line pursuant to applicable provisions of law. The
      commission shall submit to the council the text  of  any  proposed  rule
      relating  to  the  maximum  capacity  of  commuter vans at the time such
      proposed rule is published in the City Record.
        q. "Commuter van service" means a subclassification of common carriers
      of passengers by motor vehicles as such term is defined  in  subdivision
      seven  of  section  two  of  the  transportation  law,  that  provides a
      transportation service through the use of one or more commuter vans on a
      prearranged regular daily basis, over non-specified or irregular routes,
      between a zone in a residential neighborhood and a location which  shall
      be   a   work   related   central  location,  a  mass  transit  or  mass
      transportation facility, a shopping  center,  recreational  facility  or
      airport.  A  "commuter  van  service"  shall  not include any person who
      exclusively provides: (1) any one or more of the forms of transportation
      that are specifically exempted from article seven of the  transportation
      law;  or  (2)  any  one or more of the forms of transportation regulated
      under this chapter other than transportation by commuter vans.
        r. "Security interest" means an interest  in  a  vehicle  reserved  or
      created  by  an agreement and which secures payment or performance of an
      obligation. The term includes the interest of a  lessor  under  a  lease
      intented  as security. A security interest is perfected when it is valid
      against third parties generally,  subject  only  to  specific  statutory
      exceptions.
        * s.  "Agent"  means  an  individual,  partnership or corporation that
      acts, by employment, contract or otherwise, on behalf  of  one  or  more
      owners  to  operate  or  provide  for  the  operation  of  a  taxicab in
      accordance  with  the  requirements  of  this  chapter  and   any   rule
      promulgated  by  the commission.   The term "agent" shall not include an
      attorney or representative who appears on behalf of one or  more  owners
      before the commission or an administrative tribunal, and taxicab drivers
      licensed pursuant to this chapter when acting in that capacity.
    
        * NB There are 2 sb s's
        * s.  "Affiliated vehicle" means a for-hire vehicle other than a black
      car or a luxury limousine which a base  station  is  authorized  by  the
      commission to dispatch.
        * NB There are 2 sb s's
        t. "Base station" means a central facility which manages, organizes or
      dispatches   affiliated   vehicles  licensed  under  this  chapter,  not
      including luxury limousines or black cars.
        u. "Black car" means a for-hire  vehicle  dispatched  from  a  central
      facility  whose  owner  holds  a franchise from the corporation or other
      business entity which operates such central facility, or who is a member
      of a cooperative that operates such central facility, where such central
      facility has certified to the satisfaction of the commission  that  more
      than  ninety percent of the central facility's for-hire business is on a
      payment basis other than direct cash payment by a passenger.
        v. "Luxury limousine" means a for-hire  vehicle  which  is  dispatched
      from  a  central facility which has certified to the satisfaction of the
      commission that more than ninety percent of its for-hire business is  on
      a payment basis other than direct cash payment by a passenger, for which
      there  is  maintained personal injury insurance coverage of no less than
      five hundred thousand dollars per accident where one person  is  injured
      and  one  million  dollars  per accident for all persons injured in that
      same accident, whose passengers are charged on the basis  of  garage  to
      garage service and on a flat rate basis or per unit of time or mileage.
        w. "Wheelchair accessible vehicle" shall mean a for-hire vehicle which
      is  designed  for  the purpose of transporting persons in wheelchairs or
      containing any physical device or alteration designed to  permit  access
      to and enable the transportation of persons in wheelchairs.