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This entry was published on 2017-06-30
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General provisions
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 8, ARTICLE 44-B
§ 1692. General provisions. 1. A TNC or a TNC driver shall not be
deemed a common carrier, as defined in subdivision six of section two of
the transportation law; a contract carrier of passengers by motor
vehicle, as defined in subdivision nine of section two of the
transportation law; or a motor carrier, as defined in subdivision
seventeen of section two of the transportation law. Neither a TNC nor a
TNC driver shall be deemed to provide taxicab or for-hire vehicle
service while operating as a TNC or TNC driver pursuant to this article.
Moreover, a TNC driver shall not be required to register the TNC vehicle
such TNC driver uses for TNC prearranged trips as a commercial or
for-hire vehicle, as set forth in article fourteen of this chapter.

2. (a) A TNC may not operate in the state of New York without first
having obtained a license issued by the department in a form and manner
and with applicable fees as provided for by regulations promulgated by
the commissioner. As a condition of obtaining a license, a TNC shall be
required to submit to the department proof of a group policy issued
pursuant to section three thousand four hundred fifty-five of the
insurance law. Failure of a TNC to comply with the provisions of this
article may result in applicable penalties, which may include, but are
not limited to fines, suspension or revocation of license or a
combination thereof as otherwise provided by law. No license shall be
suspended or revoked except upon notice to the TNC and after an
opportunity to be heard.

(b) Failure of a TNC to obtain a license before operation, pursuant to
this subdivision shall constitute a misdemeanor.

3. A TNC must maintain an agent for service of process in the state of
New York.

4. On behalf of a TNC driver, a TNC may charge a fare for the services
rendered to passengers; provided that, if a fare is collected from a
passenger, the TNC shall disclose to such passenger the fare within the
TNC's digital network. The TNC shall also provide passengers, before
such passengers enter a TNC vehicle, the actual fare or an estimated
fare for such TNC prearranged trip through the TNC's digital network.
The TNC shall also post the fair calculation method on its website.

5. A TNC's digital network shall display a picture of the TNC driver,
and provide the make, model, color and license plate number of the TNC
vehicle utilized for providing the TNC prearranged trip before the
passenger enters the TNC vehicle.

6. Within a reasonable period of time following the completion of a
trip, a TNC shall transmit an electronic receipt to the passenger on
behalf of the TNC driver that lists:

(a) The origin and destination of the trip;

(b) The total time and distance of the trip;

(c) An itemization of the total fare paid, if any;

(d) A separate statement of the applicable assessment fee and
surcharge; and

(e) The TNC name and operating license number.

7. A TNC driver shall not solicit or accept street hails.

8. A TNC shall adopt a policy prohibiting solicitation or acceptance
of cash payments for the fares charged to passengers for TNC prearranged
trips and notify TNC drivers of such policy. TNC drivers shall not
solicit or accept cash payments from passengers.

9. A TNC shall prevent a TNC driver from accepting TNC prearranged
trips within a city of a population of one million or more and any
county or city that has enacted a local law or ordinance pursuant to
section one hundred eighty-two of the general municipal law and has not
repealed such local law or ordinance, except where the acceptance of a
prearranged trip is authorized pursuant to an existing reciprocity

10. Nothing in this article shall apply to cities with a population of
one million or more.