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This entry was published on 2018-07-13
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SECTION 160-CC
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 6-F
§ 160-cc. Definitions. As used in this article:

1. "Black car operator" means the registered owner of a for-hire
vehicle, or a driver designated by such registered owner to operate the
registered owner's for-hire vehicle as the registered owner's authorized
designee, whose injury arose out of and in the course of providing
covered services to a central dispatch facility that is a registered
member of the New York black car operators' injury compensation fund,
inc.

(a) For the purposes of the administration of this article, a black
car operator shall include a TNC driver that is engaged in a TNC
prearranged trip. For the purposes of this article, the terms "TNC
driver", "TNC prearranged trip" and "digital network" shall have the
same meanings as such terms are defined in article forty-four-B of the
vehicle and traffic law.

(b) For the purposes of the administration of this article, a black
car operator shall include a TNC driver that is logged onto a TNC
digital network and is not engaged in a TNC prearranged trip but is
engaged in an activity reasonably related to driving as a TNC driver
taking into consideration the time, place and manner of such activity.

2. "Board" means the workers' compensation board.

3. "Central dispatch facility" means a central facility, wherever
located, including a transportation network company, that (a) dispatches
the registered owners of for-hire vehicles, or drivers acting as the
designated agent of such registered owners, to both pick-up and
discharge passengers in the state, and (b) has certified to the
satisfaction of the department of state that more than ninety percent of
its for-hire business is on a payment basis other than direct cash
payment by a passenger; provided, however, that a central dispatch
facility shall not include any such central facility that owns fifty
percent or more of the cars it dispatches. For the purposes of
administration of this article, central dispatch facility shall include
TNC prearranged trip as defined in article forty-four-B of the vehicle
and traffic law.

4. "Covered services" means, with respect to dispatches from or by a
central dispatch facility located in the state, all dispatches from such
central dispatch facility regardless of where the pick-up or discharge
occurs, and, with respect to dispatches from or by a central dispatch
facility located outside the state, all dispatches involving a pick-up
in the state, regardless of where the discharge occurs.

5. "Department" means the department of state.

6. "Fund" means the New York black car operators' injury compensation
fund, inc.

7. "Fund liability date" means the earlier of: (a) the date as of
which the board first approves the fund's application to self-insure
pursuant to subdivision two of section one hundred sixty-ii of this
article, or (b) the date on which coverage commences under the initial
insurance policy purchased by the fund pursuant to subdivision three of
section one hundred sixty-ii of this article.

8. "Local licensing authority" means the governmental agency in the
state, if any, that is authorized to license a central dispatch
facility.

9. "Secretary" means the secretary of state.

10. "Transportation network company" or "TNC" shall have the same
meaning as the term is defined in article forty-four-B of the vehicle
and traffic law.