§ 59B-03 — Definitions Specific to this Subchapter

§ 59B-03 Definitions Specific to this Subchapter.

(a) Applicant in this Subchapter means an Applicant for an original or renewal For-Hire Base License. (b) Base Agreement is any agreement or terms or conditions a Driver or Vehicle owner must accept or agree to in order to receive a dispatch from the For-Hire Base, any costs or fees the Driver or Vehicle owner must pay to a For-Hire Base, or any schedules or formulas used to calculate Driver or Vehicle owner earnings. (c) Black Car is a Vehicle that affiliates with a Black Car Base or with a High-Volume For-Hire Service. (d) Black Car Base is a "central dispatch facility" (as the term is defined in New York Executive Law, § 160-cc) and For-Hire Base, excluding a High-Volume For-Hire Service, that operates as follows: (1) All Black Car Vehicles are dispatched on a pre-arranged basis; (2) All Black Car Vehicles are owned by franchisees of the Base or are members of a cooperative that operates the Base; and (3) More than ninety percent (90%) of the Base's business is on a payment basis other than direct cash payment by a Passenger. (e) Black Car Fund is the New York Black Car Operators' Injury Compensation Fund, Inc. established under Article 6-F of the NYS Executive Law. (f) Driver in this Subchapter means a For-Hire Driver. (g) For-Hire Base (or "Base") is the Commission-licensed business for dispatching For-Hire Vehicles and the physical location from which For-Hire Vehicles are dispatched; a For Hire Base can be any of the following: (1) A Black Car Base, (2) A Livery Base (or Base Station), (3) A Luxury Limousine Base, (4) A High-Volume For-Hire Service. (h) For-Hire Driver in this Subchapter means a Driver of a For-Hire Vehicle. (i) For-Hire Vehicle is a motor Vehicle Licensed by the Commission to carry Passengers For-Hire in the City, which: (1) Has a seating capacity of 20 or fewer Passengers (2) Has three or more doors (3) Is not a Taxicab, a Commuter Van, or an authorized bus as defined by NYS law (j) Independent Base Station is a Livery Base Station that is designated as an independent livery base under § 18-c of the NYS Workers' Compensation Law because it has joined the Livery Fund. (k) Independent Livery Driver is the Driver of a Livery which is affiliated with an Independent Base Station. (l) License in this Subchapter means a For-Hire Base License. (m) Livery is a For-Hire Vehicle that is affiliated with a Livery Base Station. (n) Livery Base Station ("Base" or "Base Station") is a For-Hire Base that operates as follows: (1) Livery Vehicles are dispatched from the Base on a pre-arranged basis. (2) Livery Vehicles are designed to carry fewer than six (6) Passengers. (3) Passengers are charged for service on the basis of a flat rate, time, mileage, or zones. (o) Livery Fund is the independent livery driver benefit fund established under Article 6-G of the NYS Executive Law. (p) Luxury Limousine is a For-Hire Vehicle that is affiliated with a Luxury Limousine Base. (q) Luxury Limousine Base is a For-Hire Base that operates as follows: (1) All Luxury Limousines are dispatched from the Base by pre-arrangement. (2) Luxury Limousine Vehicles have a seating capacity of 20 or fewer Passengers. (3) More than ninety percent (90%) of its business is on a payment basis other than direct cash payment by a Passenger. (4) Passengers are charged "garage to garage" service on the basis of a flat rate, time or mileage. (r) Mailing Address for a For-Hire Base will be the Base address. (s) Owner in this Subchapter refers to a For-Hire Base Owner. An Owner can be a Business Entity or a person. (t) Penalty Point is a non-monetary penalty assessed against either a Base Owner or the Owner of a For-Hire Vehicle if they are convicted of certain violations in this Chapter. (u) Respondent means an individual or Business Entity who has been noticed and charged with a violation of one or more of these Rules or the Administrative Code, or with being unfit to hold a License. (v) Vehicle in this Subchapter refers to a For-Hire Vehicle. (Amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 6/30/2021, eff. 7/30/2021)