Section 19-504.3. Conditions of operation relating to commuter vans  


Latest version.
  • a. A
      commuter van service and an owner of a commuter van shall be responsible
      for compliance with the following provisions and  shall  be  liable  for
      violations thereof:
        (1)  No  commuter  van  shall be used in the course of operations of a
      commuter van service unless a commuter van license has been obtained for
      such vehicle pursuant  to  section  19-504  of  this  chapter  and  such
      commuter  van displays a license identification in the manner prescribed
      by the commission.
        (2) No commuter van shall be used in the course  of  operations  of  a
      commuter  van  service unless such vehicle (a) is inspected by the state
      department of transportation as provided under section one hundred forty
      of the transportation  law  or  any  rules  or  regulations  promulgated
      thereunder  or  as  provided  under  any  agreement  between  the  state
      department of transportation and the commission entered into pursuant to
      subparagraph one of paragraph a of subdivision five of section eighty of
      the transportation law, (b) prominently displays the name of the  holder
      of  the  authorization and certificate evidencing an inspection, and (c)
      meets the vehicle safety standards prescribed by rule or  regulation  of
      the state commissioner of transportation pursuant to section one hundred
      forty of the transportation law.
        (3)  No  commuter  van  shall be used in the course of operations of a
      commuter van service unless such  vehicle  is  in  compliance  with  the
      registration requirements of the vehicle and traffic law.
        (4)  No  commuter  van  shall be used in the course of operations of a
      commuter van service unless a surety bond  or  policy  of  insurance  is
      maintained covering such commuter van conditioned for the payment of all
      claims  and  judgments  for damages or injuries caused in the operation,
      maintenance, use or the defective construction of such commuter  van  in
      at  least the following amounts unless higher amounts are established by
      rule of the commission:
        (a) if the commuter van has a carrying capacity of  twelve  passengers
      or  less:  for  personal  injury  or  death  to  one person, one hundred
      thousand dollars; for personal injury or death to  all  persons  in  one
      accident,  three hundred thousand dollars, with a maximum of one hundred
      thousand dollars  for  each  person;  and  for  property  damage,  fifty
      thousand dollars.
        (b)  if  the  commuter van has a carrying capacity of more than twelve
      passengers and less than twenty-one passengers: for personal  injury  or
      death  to  one person, one hundred thousand dollars; for personal injury
      or death to all persons in one accident, five hundred thousand  dollars,
      with  a maximum of one hundred thousand dollars for each person; and for
      property damage, fifty thousand dollars.
        (c) if the commuter van has a carrying capacity of  more  than  twenty
      passengers:  for  personal  injury  or  death to one person, one hundred
      thousand dollars; for personal injury or death to  all  persons  in  one
      accident,  one  million  dollars, with a maximum of one hundred thousand
      dollars for  each  person;  and  for  property  damage,  fifty  thousand
      dollars.
        (5)  No  commuter  van  shall be used in the course of operations of a
      commuter van service unless the driver holds (a) a  commercial  driver's
      license  which  pursuant to the vehicle and traffic law is valid for the
      operation of such commuter van  for  the  transportation  of  passengers
      for-hire  and  (b)  a  commuter  van driver's license issued pursuant to
      section 19-505 of this chapter.
        (6)  No  commuter  van  that  utilizes  a  two-way  radio   or   other
      communications  system  shall  be  used in the course of operations of a
      commuter van service unless such commuter van service and the  owner  of
    
      such  commuter van are in compliance with all regulations of the federal
      communications commission applicable to such use.
        (7)  A  commuter  van  service  and  an  owner of a commuter van shall
      maintain  such  records  as  the  commission  shall  prescribe  by  rule
      including,  but  not  limited  to,  records  of requests for service and
      trips. Such  records  shall  be  subject  to  inspection  by  authorized
      officers or employees of the commission during regular business hours.
        (8)  A  commuter van service shall designate each and every driver who
      operates pursuant to an  authorization  to  operate  such  commuter  van
      service  as  agent  for  service  of  any and all legal process from the
      commission which may be issued against such  commuter  van  service.  An
      owner  of  a  commuter  van  shall  designate  each and every driver who
      operates such commuter van as agent for service of  any  and  all  legal
      process  from  the  commission which may be issued against such commuter
      van owner.
        b. A commuter van service shall certify annually  in  accordance  with
      rules  of the commission that such commuter van service is in compliance
      with title III of the federal americans with disabilities  act  of  1990
      (42  U.S.C. § 12101 et seq.) and any regulations promulgated thereunder,
      as such act and regulations may be amended.
        c. A commuter van service shall comply with such provisions of section
      five of the federal omnibus  transportation  testing  act  of  1991  (49
      U.S.C.  APP. § 2717) and any regulations promulgated thereunder, as that
      act and regulations may be amended, as are applicable to  such  commuter
      van  service.  A  commuter  van  service  shall  certify such compliance
      annually in accordance with rules of the commission.