Section 2303. Jurisdiction, powers and duties of commission.
a. The jurisdiction, powers and duties of the commission shall include the regulation and supervision of the business and industry of transportation of persons by licensed vehicles for hire in the city, pursuant to provisions of this chapter. Except as otherwise provided herein, charges of violations of the provisions of the administrative code and rules promulgated thereunder shall be adjudicated by the administrative tribunal established by the commission and governed by the citywide administrative procedure act.
b. Such regulation and supervision shall extend to:
1. The regulation and supervision of rates of fare to be charged and collected.
2. The regulation and supervision of standards and conditions of service.
3. The revocation and suspension of licenses for vehicles, other than licenses issued pursuant to state law, provided, however, that taxicab licenses represented by medallions heretofore issued shall in all respects remain valid in accordance with their terms and transferable according to law.
4. Taxicab licenses represented by medallions which have heretofore been surrendered are hereby revoked. Additional taxicab licenses may be issued from time to time only upon the enactment of a local law providing therefor. Any nontransferable licenses shall be deemed revoked upon the surrender by or death of the holder thereof.
5. The issuance, revocation, suspension of licenses for drivers, chauffeurs, owners or operators of vehicles, other than licenses issued pursuant to state law, and for taxicab brokers and the establishment of qualifying standards required for such licensees.
6. Requirements of standards of safety, and design, comfort, convenience, noise and air pollution control and efficiency in the operation of vehicles and auxiliary equipment.
7. Requirements for the maintenance of financial responsibility, insurance and minimum coverage.
8. The establishment of, and the requirement of adherence to, uniform system of accounts, with the right of the commission to inspect books and records and to require the submission of such reports as the commission may determine.
9. The development and effectuation of a broad public policy of transportation affected by this chapter as it relates to forms of public transportation in the city, including innovation and experimentation in relation to type and design of equipment, modes of service and manner of operation, which for limited purposes and limited periods of time may depart from the requirements otherwise established for licensed vehicles pursuant to this chapter.
10. Assistance to the business and industry of public transportation affected by this chapter in aid of the continuation, development and improvement of service and the safety and convenience of the public, including assistance in securing federal and state grants.
11. The formulation, promulgation and effectuation of rules and regulations reasonably designed to carry out the purposes, terms and provisions of this chapter.
c. 1. The commission shall create an administrative tribunal to adjudicate charges of violation of provisions of the administrative code and rules promulgated thereunder. The commission shall have the power to enforce its tribunal's decisions and orders imposing civil penalties, not to exceed ten thousand dollars for each respondent, for violations relating to unlicensed vehicles for hire and unlicensed drivers of vehicles for hire and for violations relating to the operation of commuter van services without authorization and the operation of unlicensed commuter vans and unlicensed drivers of commuter vans pursuant to chapter five of title nineteen of the administrative code as if they were money judgments, without court proceedings, in the following manner: Any such decision or order of the commission's administrative tribunal imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered by the commission which may be entered in the civil court of New York or any other place provided for the entry of civil judgments within the state. Before a judgment based upon a default may be so entered the commission or administrative tribunal shall have first notified the respondent by first class mail in such form as the commission may direct: (i) of the default and order and the penalty imposed; (ii) that a judgment will be entered in the civil court of the city of New York or any other place provided by law for the entry of civil judgments within the state of New York; and (iii) that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of the commission or administrative tribunal within thirty days of the mailing of such notice.
2. The commission or tribunal shall not enter any decision or order pursuant to paragraph one of this subdivision unless the notice of violation shall have been served in the same manner as is prescribed for service of process by article three of the civil practice law and rules or article three of the business corporation law except that: (a) with respect to any notice of violation which alleges the operation of an unlicensed vehicle for hire the operator of such vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive such notice of violation and service made pursuant to this paragraph on such operator shall also be deemed to be lawful service upon such owner; or (b) with respect to any notice of violation which alleges the operation of an unauthorized commuter van service or an unlicensed commuter van, the operator of the vehicle giving rise to such violation who is not the owner of such commuter van service or such commuter van, as applicable, but who uses or operates such vehicle with the permission, express or implied, of the owner of such commuter van service or such commuter van, as the case may be, shall be deemed to be the agent of the owner of such commuter van service or such commuter van, as the case may be, to receive such notice of violation. Service made pursuant to this paragraph on such operator shall be deemed to be lawful service upon the owner of such commuter van service or commuter van, as applicable.
d. No resolution of approval of a pilot program shall be approved by the commission unless such resolution is posted in a prominent location on the commission's website and electronically transmitted to each member of the commission at least three calendar days, exclusive of Sundays, prior to the commission's vote to approve or reject such resolution of approval; provided, however, that revisions may be made to a resolution of approval for a pilot program posted online and sent electronically in conformity with this subdivision at any time prior to a vote on such resolution if such revisions are approved by all members of the commission by unanimous consent.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1993/115.
