§ 59E-05 Licensing – Specific Requirements.
(a) Approval for New License. The Commission will not issue an Interior Advertising Provider License to any Applicant unless the Commission approves the tablet and software proposed for in-vehicle use by the Applicant. In determining whether to approve the Applicant, the Commission will consider, in its sole discretion, whether the documentation required to be submitted by the Applicant pursuant to subdivision (b) of this section adequately demonstrates that the Applicant's Interior Advertising System complies with all of the requirements set forth in 35 RCNY § 59E-22.
(b) Documentation for Interior Advertising System Approval. The Applicant must submit with its License application the following documentation for tablets and software for which Commission approval is sought.
(1) A procedures manual/user guide that describes the features and operations of the Interior Advertising System.
(2) Demonstration Models.
(A) One working demonstration model of the Electronic Tablet and Software, inclusive of all components required for complete functionality of the Interior Advertising System.
(B) A second demonstration model installed in a vehicle for demonstration purposes and to allow approval by the Commission of the installation method and location of the Interior Advertising System. In its decision to approve the location and installation of the Interior Advertising System, the TLC will consider the safety of the Passenger, Passenger ergonomics, the impact of modifications on the proper functioning of the vehicle or other required equipment, and any comments provided by Interior Advertising Providers and industry, passenger, or safety organizations.
(3) Interior Advertising System Training. Applicants must provide to the personnel of the Commission or its designee, at no cost to the Commission, training sessions on the functionality of the Interior Advertising System.
(4) Information Security and Use of Identifying Information Policy. The Applicant must submit with its License application an information security and use of Identifying Information policy that includes, at a minimum, the following information:
(A) a statement of internal access policies relating to Identifying Information for employees, contractors, and third parties, if applicable. Such internal access policy must be limited only to those employees, contractors, or third parties who have a business need to access Identifying Information; Applicant must annually review and update internal access policies, or more frequently as required by the Commission. Such internal access policies must be made publicly available;
(B) compliance with Information Security and Use of Personal Information Policy. The Interior Advertising Provider licensee or Applicant must comply with the terms of its Information Security and Use of Personal Information Policy;
(C) procedures for notifying the Commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the General Business Law;
(D) a statement of the Applicant's policies regarding the use of passenger geolocation and Identifying Information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location; and
(E) a statement of the Applicant's policies regarding the use of any non-prohibited passenger information (e.g. generalized trip data, such as the borough in which a ride begins and ends, or non-precise geolocation data within a radius of approximately 3,600 feet, pursuant to the National Advertising Institute).
(c) Modification of Interior Advertising System. The Interior Advertising Provider must submit an application for approval of any material modification of the Interior Advertising System, including all documentation required by subdivision (b) of this section. This includes any modification to the Interior Advertising System after the Commission has issued a License for such Interior Advertiser that would materially alter the functionality, performance characteristics, security measures, or technical environment of the Interior Advertising System, and modifications of interfaces to other systems licensed by the Commission.
(d) Interior Advertising System Approval Upon Renewal. If upon renewal of the Interior Advertising Provider License:
(1) the Interior Advertising Provider seeks approval of a modification of the Interior Advertising System, the Interior Advertising Provider must meet all of the requirements applicable to a modification of the Interior Advertising System pursuant to subdivision (c) of this section; or
(2) the Interior Advertising Provider does not seek approval of a modification of the Interior Advertising System and there has been no modification of the Interior Advertising System since the prior Commission approval of the Interior Advertising Provider or prior Commission approval of a modification of the Interior Advertising System, the Interior Advertising Provider must submit to the Commission a certification to that effect.
(e) If the Approved Tablets and/or Approved Software is not functioning properly, the Interior Advertising Provider must cease its operations with respect to such Approved Tablets until such time as the Approved Tablets and/or Approved Software are functioning properly.
(f) Required Insurance. After submission of an application for a new Interior Advertising Provider License, an Applicant must provide to the Commission proof of the insurance required in this subdivision when the Commission requests it. Upon submission of an application to renew an Interior Advertising Provider License, the Interior Advertising Provider Licensee must provide to the Commission proof of the insurance required in this subdivision.
(1) Commercial General Liability Insurance.
(A) The Applicant must maintain Commercial General Liability ("CGL") Insurance covering the Applicant as Named Insured and the City as an Additional Insured in the amount of at least Two Million Dollars ($2,000,000) per occurrence. The insurance must protect the City and the Applicant from all claims, including but not limited to claims for property damage and/or bodily injury that may arise from any of the operations performed or to be performed by or on behalf of the Applicant in connection with any of the activities licensed under this subchapter. Coverage under this insurance must be at least as broad as that provided by the most recently issued Insurance Services Office ("ISO") Form CG 0001 and must be "occurrence" based rather than "claims-made".
(B) If the Applicant's subcontractor(s) is/are performing or will perform operations in connection with any of the activities licensed under this subchapter, either the Applicant's CGL Insurance under subparagraph (A) of this paragraph must cover the subcontractor(s) or such subcontractor(s) must maintain its/their own CGL Insurance subject to all other requirements herein.
(C) The CGL Insurance must include the City, together with its officials and employees, as an Additional Insured with coverage at least as broad as the most recently issued ISO Form CG20 10.
(2) General Requirements for Insurance Coverage and Policies.
(A) All required insurance policies must be maintained with companies that may lawfully issue the required policy and have an A.M. Best rating of at least A- / "VII" or a Standard and Poor's rating of at least A, unless prior written approval is obtained from the Commission.
(B) All insurance policies must be primary (and non-contributing) to any insurance or self-insurance maintained by the City.
(C) The Applicant must be solely responsible for the payment of all premiums for all required insurance policies and all deductibles or self-insured retentions to which the policies are subject, whether or not the City is an insured under the policy.
(D) There must be no self-insurance program with regard to any insurance required under this subdivision unless approved in writing by the Commission. Any self-insurance program must provide the City with all rights that would be provided by traditional insurance required under this subdivision, including but not limited to the defense obligations that insurers are required to undertake in liability policies.
(E) The City's limits of coverage for all types of insurance required under this subdivision must be the greater of:
(i) the minimum limits set forth in this subdivision; or
(ii) the limits provided to the Applicant as Named Insured under all primary, excess, and umbrella policies of that type of coverage.
(3) Proof of Insurance.
(A) For each policy required under this subdivision, the Applicant must file with the Commission a Certificate of Insurance issued by the insurer. All Certificates of Insurance must be:
(i) in a form acceptable to the Commission and certify the issuance and effectiveness of such policies of insurance, each with the specified minimum limits;
(ii) accompanied by the endorsement in the Applicant's Commercial General Liability Insurance policy by which the City has been made an Additional Insured pursuant to subparagraph (C) of paragraph (1) of this subdivision; and
(iii) accompanied by either a duly executed "Certification by Insurer" in the form provided by the Commission or copies of all policies referenced in the Certificate of Insurance. If complete policies have not yet been issued, binders are acceptable, until the complete policies have been issued, at which time such policies must be submitted.
(B) The Applicant must provide the Commission with a copy of any policy required under this subdivision upon demand by the Commission or the New York City Law Department.
(C) Acceptance by the Commission of a Certificate of Insurance or a Declarations Page or a policy does not excuse the Interior Advertising Provider from maintaining policies consistent with all provisions of this subdivision (and ensuring that subcontractors maintain such policies) or from any liability arising from its failure to do so.
(D) If the Interior Advertising Provider receives notice, from an insurance company or other person, that any insurance policy required under this subdivision will expire, be cancelled, or terminated for any reason, the Interior Advertising Provider must immediately forward a copy of the notice to the Commission and the New York City Comptroller at:
NYC Taxi and Limousine Commission
Attn: General Counsel
33 Beaver Street 22nd Floor
New York, New York 10004
New York City Comptroller
Attn: Office of Contract Administration
Municipal Building, One Centre Street, Room 1005
New York, New York 10007.
(4) Miscellaneous Insurance Provisions.
(A) Whenever notice of loss, damage, occurrence, accident, claim or suit is required under a Commercial General Liability policy maintained in accordance with this subdivision, the Interior Advertising Provider must provide the insurer with timely notice thereof on behalf of the City. Notice must be given even where the Interior Advertising Provider may not have coverage under such policy (for example, where one of the Interior Advertising Provider's employees was injured). Notice must expressly specify that "this notice is being given on behalf of the City of New York as Additional Insured" and contain the following information:
• the number of the insurance policy;
• the name of the named insured;
• the date and location of the damage, occurrence, or accident;
• the identity of the persons or things injured, damaged, or lost; and
• the title of the claim or suit, if applicable.
The Interior Advertising Provider must simultaneously send a copy of the notice to:
The City of New York c/o Insurance Claims Specialist
Affirmative Litigation Division,
New York City Law Department,
100 Church Street, New York, New York 10007
Attn: James Sanford, jsanford@law.nyc.gov
Christopher Dickerson, cdickers@law.nyc.gov
If the Interior Advertising Provider fails to comply with the requirements of this subparagraph, the Interior Advertising Provider must indemnify the City for all losses, judgments, settlements and expenses, including reasonable attorneys' fees, arising from an insurer's disclaimer of coverage citing late notice by or on behalf of the City.
(B) Insurance coverage in the minimum amounts required in this subdivision shall not relieve the Interior Advertising Provider Licensee of any liability for indemnification under this subchapter.
(C) The Interior Advertising Provider waives all rights against the City, including its officers and employees, for any damages or losses that are covered under any insurance required under this subdivision (whether or not such insurance is actually procured or claims are paid under such insurance) or any other insurance applicable to the activities of the Interior Advertising Provider and/or its subcontractors required to be licensed under this subchapter.
(D) If the Interior Advertising Provider requires any subcontractor to procure insurance in connection with any of the activities licensed under this subchapter and requires the subcontractor to include the Interior Advertising Provider as an additional insured under such insurance, the Interior Advertising Provider must ensure that such entity also names the City, including its officials and employees, as an additional insured with coverage at least as broad as the most recently issued ISO form CG 20 26.
35 RCNY § 59E-05(f) Penalty: $1,500 fine and/or suspension up to 60 days or revocation. Appearance REQUIRED
(g) Renewals of Required Insurance Policies. The Interior Advertising Provider must submit to the Commission Certificates of Insurance confirming renewals of insurance before coverage of insurance policies required under subdivision (f) of this section expires. Certificates of Insurance must comply with the requirements of subparagraph (f)(3)(A) above.
(Added City Record 2/4/2025, eff. 3/6/2025)