Authorization – Requirements.
35 RCNY § 61B-04
in effect§ 61B-04 Authorization – Requirements.
(a) [Reserved.] ID.
(b) [Reserved.] Age.
(c) Fingerprinting to Verify Good Moral Character.
(1) An Applicant for a new Service Authorization must be fingerprinted for the purpose of securing criminal history records from the NYS Division of Criminal Justice Services.
(2) An Applicant for a renewal of a Service Authorization must be fingerprinted when a new Finding of Public Need is also required.
(3) Fingerprints will be taken of all of the Applicant's Limited Business Entity Persons.
(4) If the Applicant intends to add or change any additional Limited Business Entity Persons, the Applicant must apply for the Commission's approval within five days of the change or addition, and those additional Limited Business Entity Persons must be fingerprinted either before or during the Commission's approval process.
(5) The Applicant must pay any processing fee required by the State.
(d) Fitness to Hold Authorization. No Commuter-Van Service Authorization can be issued or renewed unless an Applicant demonstrates to the satisfaction of the Commission that the Applicant is Fit to Hold a License (Authorization) to operate a Commuter-Van Service.
(e) Designate Driver as Agent for Service. An Applicant must agree that any Commuter-Van Driver who drives for Owner's Commuter-Van Service will be considered an agent of the Service Owner for purposes of accepting service of any and all legal process issued by any department of the City of New York.
(f) Forms and Filing. An application for a Commuter-Van Service Authorization or renewal must be submitted on forms provided by the Commission, signed by the applicant, and personally filed with the Commission.
(g) Certification of Compliance with ADA. An applicant for an Authorization to operate a Commuter-Van Service or its renewal must certify by affidavit, annually, that the Commuter-Van Service is in compliance with Title III of the Federal Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).
(h) Certification of Compliance with Federal Omnibus Testing Act. An Applicant for an Authorization to operate a Commuter-Van Service or for its renewal must certify by affidavit, annually, that the Commuter-Van Service is in compliance with all applicable provisions of section 5 of the Federal Omnibus Transportation Testing Act of 1991 (49 U.S.C. App. § 2717), as amended, and all regulations relating to the Act.
(i) A "Finding of Public Need".
(1) The Commission cannot issue an Authorization to operate a Commuter-Van Service unless the NYC Commissioner of Transportation makes a Finding of Public Need.
(2) Role of the Commission:
(i) The Commission will forward any new application for Authorization to operate a Commuter-Van Service (or a renewal application that requires a new Finding of Public Need) to the NYC Commissioner of Transportation.
(ii) The application must include the following information:
A. The geographic area proposed to be served by the Applicant;
B. The maximum number of vehicles to be operated; and
C. The capacity of each vehicle.
(iii) The Applicant has the burden of demonstrating that the proposed service will be required now or in the future for the convenience and necessity of the public.
(3) Role of the NYC Commissioner of Transportation.
(i) The Commissioner of Transportation may request that the Applicant provide additional information relevant to his or her determination but shall not require statements of public support as part of the application.
(ii) The Commissioner of Transportation must:
A. Consult with the NYS Department of Transportation,
B. Provide a notice of the application for publication in the City Record
C. Allow for public comment for a period not to exceed 60 days after the date of publication of the notice.
D. Notify the New York City Transit Authority and all City Council members and community boards representing any portion of the geographic area set forth in the application.
(iii) If a city bus line or the New York City Transit Authority initiates a protest by timely submitting objections to the application for a Finding of Public Need, the Commissioner of Transportation will evaluate their objections as follows:
A. The adequacy of the existing transit and mass transportation facilities to meet the transportation needs of any particular segment of the general public for the proposed service; and
B. The impact that the proposed operation may have on any existing transit or mass transportation facilities.
(iv) If the Commissioner of Transportation makes a Finding of Public Need, the Finding must specify the geographic area where service is authorized and the number of Commuter-Van Vehicles authorized to be used in providing the service.
(4) Term of a Finding of Public Need.
(i) A Finding of Public Need will be in effect until the Authorization granted by the Commission is revoked or such determination of the Finding of Public Need is revoked by the Commissioner of Transportation.
(ii) Upon the revocation of an authorization, no authorization to operate a commuter Van service shall be renewed unless a new determination of public need is made by the Commissioner of Transportation.
(j) Payment of Fines and Fees.
(1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to
(i) the Commission,
(ii) NYC Department of Finance's Parking Violations Bureau,
(iii) NYC Department of Finance's Red Light Camera Unit,
(iv) NYS DMV's Traffic Violations Bureau and
(v) any of their successor agencies.
(2) This requirement includes payment of fines and fees owed as of the date of the application by
(i) any Business Entity Persons of the Applicant
(ii) any Business Entity of which the Applicant is a Business Entity Person, and
(iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.
(3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.
(k) Business Entities. An Applicant which is a Business Entity must provide the following documents:
(1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership's principal place of business is located.
(2) Corporations. If the Applicant is a corporation, it must file with its application:
(i) A certified copy of its certificate of incorporation
(ii) A list of officers and shareholders
(iii) A certified copy of the minutes of the meeting at which the current officers were elected.
(3) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:
(i) A copy of its articles of organization
(ii) A copy of its operating agreement
(iii) A list of the members, with the percentages of the Applicant owned by each.
(l) Address. An Applicant must give the Commission the Applicant's current Mailing Address and Email Address.
(Amended City Record 6/15/2017, eff. 7/15/2017)
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/0-0-0-70740Fetched: 10/24/2026