Operations – Owners' Responsibilities with Respect to Drivers.
35 RCNY § 59B-18
in effect§ 59B-18 Operations – Owners' Responsibilities with Respect to Drivers.
(a) Create and Enforce Good Conduct Rules.
(1) A Base Owner must create, maintain and enforce rules governing the conduct of affiliated Drivers while performing their duty as For-Hire Vehicle Drivers.
(2) These rules must be submitted in writing to the Commission within seven days of their creation (not including holidays and weekends) and whenever these rules are updated or amended.
35 RCNY § 59B-18(a) Fine: $25 - $100 Appearance REQUIRED
(b) Rules for Conduct in Area Surrounding the Base.
(1) A Base Owner will be responsible for ensuring that all "Base personnel" comply with the restrictions established in this subsection (b) within the "restricted area."
(2) For the purposes of this subdivision, "Base personnel" are the Owners of Vehicles affiliated with the Base or dispatched by the Base and their Drivers, whether they are on duty or not.
(3) For the purposes of this subdivision, "restricted area" is defined as all public streets and sidewalks located on either side of the Base's street or within the city block front where the Base is located, including both sides of the street on which the Base is located.
(4) In the "restricted area," "Base personnel" must not do any of the following:
(i) Double park.
(ii) Park on the sidewalk.
(iii) Park across a driveway.
(iv) Park by or at a fire hydrant or bus stop.
(v) Park, stop, or stand in any manner that violates the Vehicle and Traffic Laws of the State of New York and the New York City Traffic Rules.
(vi) Do mechanical maintenance or make repairs on any Vehicle, except to emergency repairs that are necessary to move a disabled Vehicle (Examples of disabling conditions: a dead battery or a flat tire).
35 RCNY § 59B-18(b)(1)-(4) Fine: $50 for first occasion; $100 - $250 for the second and subsequent occasions; non-renewal of Base License for violations on six dates within 12 months Appearance REQUIRED
(5) A Base Owner must ensure that "Base personnel" obey all applicable traffic and parking regulations within the "restricted area".
35 RCNY § 59B-18(b)(5) Fine: $50 Appearance REQUIRED
(6) A Base Owner must ensure that "Base personnel" do not create a nuisance such as engaging in unnecessary horn honking, littering, or playing loud audio material within the "restricted area".
35 RCNY § 59B-18(b)(6) Fine: $50 Appearance REQUIRED
(c) Special Requirements for Street Hail Liveries: Credit Cards for Hail Trips.
(1) A Street Hail Livery Base Owner can deduct from any credit or debit card payments due to a Street Hail Livery Driver any amounts required to be collected for payment of the MTA Tax.
(2) A Street Hail Livery Base Owner must pay the Street Hail Livery Driver on no less than a weekly basis, the total amount of all credit card payments received during that period. The Base Owner must provide an itemized receipt, showing all deductions, with each payment.
35 RCNY § 59B-18(c)(2) Fine: $100 Appearance NOT REQUIRED
(3) A Street Hail Livery Base Owner can withhold from the cash payments to a Street Hail Livery Driver (and all such withholdings must be identified on the receipt) the following:
(i) the sum of all MTA Tax payments due from the Street Hail Livery Driver; and
(ii) the sum of all tolls and charges deducted by the MTA Bridges & Tunnels from the E-Z-Pass® account of the Street Hail Livery Base Owner for trips provided by the Street Hail Livery Driver.
35 RCNY § 59B-18(c)(3) Fine: First violation: $200 Second violation: $300 Third violation: $500 In addition to the penalty payable to the Commission, the ALJ may order the Base Owner to pay restitution to the Driver, equal to the excess amount that was charged to the Driver. Appearance REQUIRED
(d) A Base is permitted to penalize a Driver who does not pick up a Passenger for a pre-arranged trip.
(e) Limits on Hours of Driving.
(i) Generally. A Base or Associated Base must not dispatch a Driver to transport any Passenger(s) for hire in excess of the daily and weekly limits detailed in this subdivision.
A. Daily and weekly driving hours will be calculated by adding up the time that passengers are being transported for hire. Time between trips will not be counted as driving hours.
B. If any time exceeds the daily limit and serves as the basis for a violation of the daily limit, such time cannot also be counted toward a violation of the weekly limit.
C. It is a defense to a violation of the limits set forth in this subdivision that any such limit was exceeded because of a single trip that began before the limit was reached.
(ii) Daily Limit. A Base or Associated Base must not dispatch a Driver to transport any Passenger(s) for hire in more than 10 hours in total in any 24-hour period. Exception: If a Base or Associated Base does not dispatch a Driver to transport Passengers in at least eight consecutive hours, the 10-hour count resets and such Base or Associated Base can resume dispatching such Driver to pick up Passengers for hire.
35 RCNY § 59B-18(e)(ii) Fine: $200 for each dispatch over the limit Appearance NOT REQUIRED
(iii) Weekly Limit. A Base or Associated Base must not dispatch a Driver to transport any Passenger(s) for hire in more than 60 hours in total in any seven-day period that begins on Monday and ends on Sunday.
35 RCNY § 59B-18(e)(iii) Fine: $200 for each dispatch over the limit Appearance NOT REQUIRED
(f) Base Agreements.
(1) Agreements Must Include All Terms. Any terms or conditions a Driver or Vehicle owner must accept or agree to in order to receive a dispatch from a For-Hire Base, any terms or conditions a Driver or Vehicle owner must accept or agree to in order to receive payment from a For-Hire Base or the entity designated by the For-Hire Base to process and disburse payments to Drivers and Vehicle owners, any costs a Driver or a Vehicle owner must pay a For-Hire Base, and any formulas used by a Base to calculate Driver or Vehicle owner earnings must be included in a Base Agreement that complies with the provisions of this subdivision.
(i) Written records required under this subdivision may be maintained in hard copy or electronically.
35 RCNY § 59B-18(f)(1) Fine: First violation: $500; Second and subsequent violations: $1,000 and/or suspension for up to 30 days. In addition to the penalty payable to the Commission, the Hearing Officer must order the Base to pay restitution to the Driver or Vehicle owner, equal to the amount charged to the Driver or Vehicle owner in violation of this rule. Appearance REQUIRED
(2) Base Agreement Must be in Writing.
(i)* All Base Agreements, including any amendments, must be in writing and signed by the Base and the Driver or Vehicle owner. Electronic signatures are permissible for electronic Base Agreements.
* Editor's note: there are two subsections designated as (i).
(i)* A copy of the fully executed Base Agreement must be provided to the Driver and/or Vehicle owner and be made available on-demand at the Driver's and/or Vehicle Owner's request.
* Editor's note: there are two subsections designated as (i).
(ii) A Base Owner must ensure that all Base Agreements are maintained in accordance with Paragraph (6) of this subdivision and made available for inspection by Commission representatives during regular business hours.
35 RCNY § 59B-18(f)(2)(i)-(ii) Fine: $500 Appearance NOT REQUIRED
(iii) Terms. The Base Agreement must provide:
(A) All costs and fees that may be charged by the Base.
(1) For each cost or fee that will be charged, the Base Agreement must provide in clear and unambiguous language an explanation of the cost or fee.
(2) For each cost or fee that may be charged, the Base Agreement must provide in clear and unambiguous language an explanation of the conditions that will result in the imposition of such cost or fee.
(B) An explanation of how the Driver's earnings will be calculated, including but not limited to a percentage of fares paid by passengers that will be forwarded to the Driver or a formula used by the Base.
(C) All requirements the Driver or Vehicle must meet in order to receive a dispatch.
(iv) Overcharges. Every Base Agreement must contain a clearly legible notice that overcharging a Driver or Vehicle owner is prohibited by the Commission's Rules, and that complaints of overcharges may be made in writing to the Commission or by telephone to 311.
(v) Plain Language. Base Agreements must be written in clear and unambiguous language.
35 RCNY § 59B-18(f)(2)(iii)-(v) Fine: First violation: $500; Second and subsequent violations: $1,000 and/or suspension for up to 30 days. In addition to the penalty payable to the Commission, the Hearing Officer must order the Base to pay restitution to the Driver, equal to the amount charged to the Driver in violation of this rule. Appearance REQUIRED
(3) Driver Payments.
(i) A Base may require payment of only those costs and fees specified in the Base Agreement. Requiring payment of costs and fees not specified in the Base Agreement is an overcharge.
(ii) A Base cannot charge, request or accept a tip.
(iii) A Base cannot require payment by a Driver of a summons not written to the Driver except when:
a. the Driver and Base are operating under the terms of a franchise agreement filed with the Attorney General of the State of New York or a cooperative agreement filed with the Commission,
b. such franchise agreement or cooperative agreement explicitly allows for such payments, and
c. the base does not operate as or dispatch trips on behalf of a High-Volume For-Hire Service.
(iv) A Base cannot charge, request or accept any fee for revenue generated from an Interior Advertising System.
35 RCNY § 59B-18(f)(3) Fine: First violation: $500; Second and subsequent violations: $1,000 and/or suspension for up to 30 days. In addition to the penalty payable to the Commission, the Hearing Officer must order the Base to pay restitution to the Driver, equal to the amount charged to the Driver in violation of this rule. Appearance REQUIRED
(4) Driver Earnings.
(i) A Base must remit all earnings to the Driver or Vehicle owner. A Base may only deduct costs and fees from the earnings if those costs and fees are specified in the Base Agreement as required in Paragraph (2) of this subdivision and the Base Agreement further provides that such costs and fees will be withheld from the earnings.
35 RCNY § 59B-18(f)(4)(i) Fine: First violation: $200 Second violation: $300 Third violation: $500 In addition to the penalty payable to the Commission, the Hearing Officer must order the lessor to pay restitution to the Driver, equal to the amount owed to the Driver. Appearance REQUIRED
(ii) Drivers must be paid earnings for every trip made by the Driver within one week of the trip's completion except when:
a. the Driver and Base are operating under the terms of a franchise agreement filed with the Attorney General of the State of New York or a cooperative agreement filed with the Commission,
b. such franchise or cooperative agreement explicitly defines the terms under which and times at which the driver will receive payment for completed trips, and
c. the base does not operate as or dispatch trips on behalf of a High-Volume For-Hire Service.
35 RCNY § 59B-18(f)(4)(ii) Fine: $100 In addition to the penalty payable to the Commission, the Hearing Officer must order the Base to pay restitution to the Driver, equal to the difference between what the Base paid the Driver and what the Driver actually earned. Appearance NOT REQUIRED
(5) Written Receipts. For every financial transaction under the Base Agreement or these Rules, the Base must give a written receipt to the Driver or Vehicle owner.
(i) The receipt must include, as applicable, the name of the Driver and the Vehicle license number subject to the Base Agreement.
(ii) The receipt must clearly state the following information with respect to the payment or deduction:
(A) The date;
(B) The name of the recipient;
(C) The amount;
(D) The purpose of the payment or deduction;
(E) The number of the section of this chapter or provision of the Base Agreement that authorizes the payment or deduction; and
(F) If the Base is a High-Volume For-Hire Service, the applicable minimum per minute and per mile rates for the time period covered by the receipt.
(iii) For Driver and Vehicle owner earnings, in addition to the items specified in Subparagraph (ii) of this paragraph, the receipt must also include the amount paid by passengers for trips during the time period covered by the receipt and any calculation used to determine the earnings, including the per-trip minutes and miles for which the Driver is being paid. Such calculation must conform to the applicable policy, formula or schedule provided in the Base Agreement.
35 RCNY § 59B-18(f)(5) Fine: $200 per missing receipt Appearance REQUIRED
(6) Records Maintenance. A Base must maintain for a period of three years from the date a Base Agreement expires or is cancelled or from the last trip dispatched to the Driver or Vehicle, whichever is later:
(i) A copy of the executed Base Agreement and any amendments;
(ii) Records of all itemized earnings paid to Drivers and Vehicle owners; and
(iii) Records of all itemized payments received from Drivers and Vehicle owners.
35 RCNY § 59B-18(f)(6) Fine: $100 for each missing item Appearance REQUIRED
(7) Form 1099-K. If a High-Volume For-Hire Service is required to provide a Driver with a Form 1099-K, the High-Volume For-Hire Service must also provide the Driver:
(i) The total mileage for trips covered by the Form 1099-K, and
(ii) An itemization of the items deducted from the gross amount reported on the Form 1099-K.
(8) Collective Bargaining Exception. The provisions of this subdivision do not apply to Bases and Drivers whose business relationship is governed by the terms of a collective bargaining agreement.
(g) Vehicle Leases. Any Vehicle lease agreement entered into between a Base and Driver must comply with all provisions of 35 RCNY § 59A-21. Failure to comply with any provision of 35 RCNY § 59A-21 shall subject the Base to the penalties contained therein.
35 RCNY § 59B-18(g) Fine: Penalties as set forth in 35 RCNY § 59A-21. Appearance REQUIRED
(h) Business Requirements – Nondiscrimination. No Base may discriminate against or impose any negative consequences on a Driver based on whether or not the Driver chooses to operate a For-Hire Vehicle with an Interior Advertising System, or based on the brand or affiliation of the Interior Advertising System. Negative consequences and/or discrimination include but are not limited to: deactivating the Driver, reducing the compensation provided to the Driver, either directly or indirectly through manipulating the number or type of rides assigned to the Driver, or disciplinary action.
35 RCNY § 59B-18(h) Penalty: First Violation: $1,000 fine Second Violation: $1,000 and/or Suspension for up to 30 days. Appearance NOT REQUIRED
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 2/13/2017, eff. 3/15/2017; amended City Record 10/12/2018, eff. 11/11/2018; amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 6/30/2021, eff. 7/30/2021; amended City Record 3/13/2023, eff. 3/13/2023; amended City Record 2/4/2025, eff. 3/6/2025)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-69115Fetched: 10/24/2026