§ 63-08 Proper Conduct.
(a) An Agent must not make a material misrepresentation or omission or commit a fraudulent or unlawful act while acting as an Agent, whether Validly Licensed or not. Such acts will include but not be limited to any of the following:
(1) Presenting a Taxicab for inspection with a vehicle identification number ("VIN") other than the one under which the vehicle is licensed by the Commission.
(2) Operating a Taxicab with a vehicle identification number that has been removed and reattached, or that is different from the VIN shown on the Taxicab License.
(3) Presenting a document to the Commission that falsely states that the insurance requirements for the Taxicab have been met.
(4) Bribing or attempting to bribe any officer or employee of the Commission.
35 RCNY § 63-08(a)(1)-(4) Fine: $1,000 - $10,000 and/or revocation Appearance REQUIRED
(b) Fraud, Theft. While performing the duties and responsibilities of a Licensee, a Licensee must not commit or attempt to commit any act of fraud, misrepresentation or theft.
35 RCNY § 63-08(b) Fine: $1,000 - $5,000 Appearance REQUIRED
(c) Willful Acts of Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these Rules.
35 RCNY § 63-08(c) Fine: $1,000 - $5,000 Appearance REQUIRED
(d) Willful Acts of Commission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public, although not specifically mentioned in these Rules.
35 RCNY § 63-08(d) Fine: $1,000 - $5,000 Appearance REQUIRED
(e) Failure to Cooperate with the Commission.
(1) A Licensee must truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission, its representatives or the New York City Department of Investigation.
(2) Upon request of the Commission, a Licensee must make the Agent's business premises, books and records available for inspection.
35 RCNY § 63-08(e) Fine: $500 - $1,500 and Suspension until compliance. Appearance REQUIRED
(f) Threats, Harassment, Abuse. While performing the duties and responsibilities of a Licensee, a Licensee must not threaten, harass, or abuse any person.
35 RCNY § 63-08(f) Fine: $100 - $350 and/or suspension up to 30 days Appearance REQUIRED
(g) Use or Threat of Physical Force. While performing the duties and responsibilities of a Licensee or any act in connection with those duties, a Licensee must not use or attempt to use any physical force against a person.
35 RCNY § 63-08(g) Fine: $100 - $350 and/or suspension up to 30 days Appearance REQUIRED
(h) Death or Incompetency of Taxicab Owner. An Agent who becomes aware of the death or incompetency of an owner of an interest in a Taxicab Medallion shall promptly inform the Commission.
35 RCNY § 63-08(h) Fine: $100 Appearance NOT REQUIRED
(i) Mailing and Email Address.
(1) An Agent must have a working Email Address at all times.
(2) An Agent must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.
35 RCNY § 63-08(i)(1) - (2) Fine: $100 Appearance NOT REQUIRED
(3) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Agent.
(4) Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the Agent.
(j) Retaliation.
(1) An Agent may not retaliate against any Driver or Owner for making a good faith complaint against any Agent.
(2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or Owner or withholding or withdrawing any beneficial condition or consequence from the Driver or Owner.
35 RCNY § 63-08(j) Fine: $1,000 plus restitution to the driver or owner for losses for the first violation and a fine of $10,000 plus restitution to the driver or owner for the second violation and subsequent violations within five years. Appearance NOT REQUIRED
(Amended City Record 8/2/2016, eff. 9/1/2016; amended City Record 2/12/2020, eff. 3/13/2020)