Section 2303. Jurisdiction, powers and duties of commission  


Latest version.
  • a.  The
      jurisdiction, powers and duties of  the  commission  shall  include  the
      regulation   and   supervision   of   the   business   and  industry  of
      transportation of persons by licensed vehicles for  hire  in  the  city,
      pursuant  to  provisions  of  this chapter. Except as otherwise provided
      herein, charges of violations of the provisions  of  the  administrative
      code  and  rules  promulgated  thereunder  shall  be  adjudicated by the
      administrative tribunal established by the commission  and  governed  by
      the citywide administrative procedure act.
        b. Such regulation and supervision shall extend to:
        1.  The  regulation and supervision of rates of fare to be charged and
      collected.
        2. The regulation and  supervision  of  standards  and  conditions  of
      service.
        3.  The revocation and suspension of licenses for vehicles, other than
      licenses issued pursuant to state law, provided, however,  that  taxicab
      licenses  represented  by  medallions  heretofore  issued  shall  in all
      respects remain valid in accordance with their  terms  and  transferable
      according to law.
        4.  Taxicab  licenses  represented by medallions which have heretofore
      been surrendered are hereby revoked. Additional taxicab licenses may  be
      issued  from  time  to  time  only  upon  the  enactment  of a local law
      providing therefor. Any nontransferable licenses shall be deemed revoked
      upon the surrender by or death of the holder thereof.
        5. The issuance,  revocation,  suspension  of  licenses  for  drivers,
      chauffeurs,  owners or operators of vehicles, other than licenses issued
      pursuant to state law, and for taxicab brokers and the establishment  of
      qualifying standards required for such licensees.
        6.   Requirements   of  standards  of  safety,  and  design,  comfort,
      convenience, noise and air  pollution  control  and  efficiency  in  the
      operation of vehicles and auxiliary equipment.
        7.  Requirements  for  the  maintenance  of  financial responsibility,
      insurance and minimum coverage.
        8. The establishment of, and the requirement of adherence to,  uniform
      system  of  accounts,  with the right of the commission to inspect books
      and records and to  require  the  submission  of  such  reports  as  the
      commission may determine.
        9.  The  development  and  effectuation  of  a  broad public policy of
      transportation affected by this chapter as it relates to forms of public
      transportation in the city, including innovation and experimentation  in
      relation to type and design of equipment, modes of service and manner of
      operation,  which  for  limited purposes and limited periods of time may
      depart from the requirements otherwise established for licensed vehicles
      pursuant to this chapter.
        10. Assistance to the business and industry of  public  transportation
      affected  by  this  chapter  in aid of the continuation, development and
      improvement of service and the safety and  convenience  of  the  public,
      including assistance in securing federal and state grants.
        11.  The  formulation,  promulgation  and  effectuation  of  rules and
      regulations reasonably designed to carry out  the  purposes,  terms  and
      provisions of this chapter.
        c.  (1)  The  commission  shall  create  an administrative tribunal to
      adjudicate charges of violation of provisions of the administrative code
      and rules promulgated thereunder. The commission shall have the power to
      enforce its tribunal's decisions and orders  imposing  civil  penalties,
      not  to  exceed ten thousand dollars for each respondent, for violations
      relating to unlicensed vehicles  for  hire  and  unlicensed  drivers  of
      vehicles  for  hire  **and  for  violations relating to the operation of
    
      commuter  van  services  without  authorization  and  the  operation  of
      unlicensed  commuter  vans  and  unlicensed  drivers  of  commuter  vans
      pursuant to chapter five of title nineteen of the administrative  code**
      as  if  they  were  money  judgments,  without court proceedings, in the
      following manner:  Any  such  decision  or  order  of  the  commission's
      administrative   tribunal   imposing   a   civil  penalty,  whether  the
      adjudication was had by hearing or  upon  default  or  otherwise,  shall
      constitute a judgment rendered by the commission which may be entered in
      the civil court of New York or any other place provided for the entry of
      civil judgments within the state. Before a judgment based upon a default
      may  be  so entered the commission or administrative tribunal shall have
      first notified the respondent by first class mail in such  form  as  the
      commission  may  direct:  (i)  of  the default and order and the penalty
      imposed; (ii) that a judgment will be entered in the civil court of  the
      city  of  New  York  or any other place provided by law for the entry of
      civil judgments within the state of New York; and (iii)  that  entry  of
      such  judgment  may  be avoided by requesting a stay of default for good
      cause shown and either requesting a hearing or entering a plea  pursuant
      to  **the  rules  of  the  commission  or administrative tribunal within
      thirty days of** the mailing of such notice.
        * So in original. (**text between** deleted without brackets).
        (2) The commission or tribunal shall not enter any decision  or  order
      pursuant  to  paragraph  one  of  this  subdivision unless the notice of
      violation shall have been served in the same manner as is prescribed for
      service of process by article three of the civil practice law and  rules
      or  article  three of the business corporation law except that: (a) with
      respect to any notice of violation which alleges  the  operation  of  an
      unlicensed  vehicle for hire the operator of such vehicle who is not the
      owner thereof but who uses or operates such vehicle with the  permission
      of  the  owner,  express  or implied, shall be deemed to be the agent of
      such owner to receive such notice of violation and service made pursuant
      to this paragraph on such operator shall also be  deemed  to  be  lawful
      service  upon such owner; or (b) with respect to any notice of violation
      which alleges the operation of an unauthorized commuter van  service  or
      an  unlicensed  commuter van, the operator of the vehicle giving rise to
      such violation who is not the owner of such commuter van service or such
      commuter van, as applicable, but who uses or operates such vehicle  with
      the  permission,  express  or implied, of the owner of such commuter van
      service or such commuter van, as the case may be, shall be deemed to  be
      the  agent  of  the  owner of such commuter van service or such commuter
      van, as the case may be, to receive such notice  of  violation.  Service
      made  pursuant  to this paragraph on such operator shall be deemed to be
      lawful service upon the owner of such commuter van service  or  commuter
      van, as applicable.