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This entry was published on 2021-02-05
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SECTION 151
Exemptions
Transportation (TRA) CHAPTER 61-A, ARTICLE 7
§ 151. Exemptions. The provisions of this article shall not apply to
any transportation for compensation in sedans, as such term is defined
herein at the end of this section, or station wagons or to any
transportation for compensation that is provided in vehicles larger than
sedans or station wagons when that transportation is performed:

1. Incidental to or in furtherance of any non-transportation
commercial or not-for-profit enterprise of the provider of the
transportation when such transportation is not open to the general
public;

2. To and from schools and school-related activities;

3. In non-profit car pools;

4. On an occasional, casual or reciprocal basis by persons not engaged
in transportation as a regular occupation or business;

5. As a sightseeing service conducted pursuant to the jurisdiction or
regulatory control of a city, village or town when such service is
operated wholly within the county in which the city, town or village is
located or when such service is operated wholly within a city with a
population of one million or more;

6. In ambulances that are under the jurisdiction of the New York state
department of health;

7. By transportation authorities when the transportation performed is
wholly within the transportation district prescribed by the public
authorities law for such transportation authority;

8. By transportation systems that are wholly owned by a municipality
when the transportation performed is wholly within such municipality's
boundaries;

9. By bus lines operating wholly within any city having regulatory
control or jurisdiction over bus line operations pursuant to subdivision
four of section eighty of this chapter; and

10. By carriers operating under a contract with an employer to provide
transportation for the exclusive use of employees.

11. As a taxi or livery service, except for transportation services
that are designed for the transportation of transportation-disabled
persons, conducted in vehicles having a seating capacity of less than
fifteen passengers pursuant to the jurisdiction or regulatory control of
a municipality, other than a city with a population over one million,
authorized to adopt an ordinance relating to both registration and
licensing pursuant to subdivision one of section one hundred eighty-one
of the general municipal law, when service is conducted wholly within
such municipality and when such service is available to the general
public on a prearranged or demand-response basis over a non-specified or
irregular route with the point or points of pick-up and discharge
determined by the passenger, but such taxi or livery service shall not
include van service. For the purpose of this subdivision, the term
"livery service" shall include the term "limousines" as used in
subdivision one of section one hundred eighty-one of the general
municipal law. Provided, however, that altered motor vehicles commonly
referred to as "stretch limousines" having a seating capacity of nine or
more passengers including the driver shall be subject to the provisions
of section one hundred forty of this chapter.

12. As a taxi or livery service conducted in vehicles having a seating
capacity of twenty passengers or less pursuant to the jurisdiction or
regulatory control of a city with a population over one million, when
such service is conducted wholly within such a city; provided, however,
that vehicles having a seating capacity of fifteen or more passengers
and altered motor vehicles commonly referred to as "stretch limousines"
having a seating capacity of nine or more passengers including the
driver shall be subject to the provisions of section one hundred forty
of this chapter.

For the purposes of this article, the term "sedan" or "sedans" as used
herein shall include private passenger automobiles, but shall not
include commercial motor vehicles with a seating capacity of eleven
persons or more including the driver.