Int 0462-1998

Be it enacted by the Council as follows: Section 1. Subdivision c of section 19-504.3 of the administrative code of the city of New York, as added by local law number 115 for the year 1993, is amended to read as follows: 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)] 49 U.S.C. �31306 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. �2. Section 19-504.3 of the administrative code of the city of New York, as added by local law number 115 for the year 1993, is amended by adding thereto a new subdivision d to read as follows: d. Every commuter van that is licensed to operate for a commuter van service shall be operated on a regular and consistent basis during the entire time period or periods for which the authorization to operate such commuter van service was granted. �3. Paragraphs 3 and 4 of subdivision a of section 19-504.4 of the administrative code of the city of New York, as added by local law number 115 for the year 1993, are amended and a new paragraph 5 is added to such section to read as follows: (3) Where a commuter van driver has had his or her license revoked pursuant to subdivision p of section 19-505 of this chapter while operating as part of such authorization and thereafter found to be operating a commuter van as part of such authorization without a commuter van driver's license required pursuant to section 19-505 of this chapter three times within a six month period; [or] (4) Where the number of violations of paragraph five of subdivision a of section 19-504.3 of this chapter occurring within a twelve month period is equal to the following: ninety percent of the number of commuter vans authorized to operate as part of such authorization, rounded up to the next whole number, or five, whichever is greater[.] ;or (5) Where two violations of subdivision d of section 19-504.3 of this chapter have occurred within a six month period. �4. Subdivision a of section 19-529.4 of the administrative code of the city of New York, as added by local law number 115 for the year 1993, is amended to read as follows: a. Commuter vans shall have the name of the vehicle owner, the name of the person holding the authorization pursuant to which such vehicle is operating, the authorization number of the commuter van service and a distinctive insignia identifying such vehicle as a commuter van licensed by the taxi and limousine commission as part of an authorization granted by the commission displayed on the outside of such vehicle and such other evidence of such authorization displayed on the outside and inside of the vehicle in such form as shall be prescribed [buy] by the commission. �5. Paragraph 5 of subdivision c of section 19-529.4 of the administrative code of the city of New York, as added by local law number 115 for the year 1993, is amended and new paragraphs 6 and 7 are added to read as follows: 5. a passenger manifest, and such records evidencing prearrangement as are prescribed by rule of the commission[.]; and 6. a street map which when unfolded is no smaller than six inches on each side that prominently displays the boundaries of the territory within which such commuter van service has been authorized to operate and notes the days and times during which operation is authorized; and 7. a placard no less than six inches by eight inches in size which shall be displayed in such manner as to be readily visible to all passengers bearing the name of the commuter van driver, the commuter van driver's license number and a clear and accurate photograph of the commuter van driver. �6. Chapter 5 of title 19 of the administrative code of the city of New York is amended by renumbering sections 19-529.5 and 19-529.6 as sections 19-529.7 and 19-529.8, respectively, and by adding thereto new sections 19-529.5 and 19-529.6 to read as follows: �19-529.5 Quarterly safety reports. Within thirty days after the end of each calendar year quarter, every commuter van service licensed in accordance with this chapter must submit to the taxi and limousine commission a safety report relating to the operation of every commuter van operated as part of the commuter van service's authorization. Such reports shall include a detailed statement of facts about every (i) accident involving each such commuter van, (ii) the seizure of any such van, (iii) summonses issued with respect to each such commuter van for a violation of any provision of this chapter, the traffic rules of the city of New York or the vehicle and traffic law, (iv) summonses issued to any driver of such commuter van during the course of operating such van for a violation of this chapter, the traffic rules of the city of New York or the vehicle and traffic law, (v) the arrest of any driver for or principal of such commuter van service and (vi) any other safety-related violation in which the commuter van service or driver for such service has been involved. The commission shall transmit to the council each such report within thirty days of its receipt and in the event a required report is not submitted timely, a notice to that effect within that same time period. �19-529.6 Within thirty days after the effective date of this section, the operator of a commuter van service required to be licensed in accordance with this chapter shall submit to the taxi and limousine commission copies of all state and federal income and payroll tax returns required to be filed for the tax years in which such commuter van service was required to be licensed, but in no event for more than the previous three tax years. A copy of any state and federal income and payroll tax returns required to be filed for each subsequent tax year shall be submitted to the commission within thirty days after such tax return was required to be filed. The failure to make any such submission or the submission of inaccurate information shall constitute grounds for the suspension or revocation of a license issued in accordance with this chapter and/or the denial of a renewal of such license. �7. This local law shall take effect thirty days after its enactment into law. _______ Note: Matter in italics is new; matter in brackets [ ] to be omitted.