Compliance with Law – Workers' Compensation.
35 RCNY § 59B-12
in effect§ 59B-12 Compliance with Law – Workers' Compensation.
(a) Livery Base Station.
(1) Compliance with Workers' Compensation Law.
(i) Every Livery Base Station must either
(A) be a member of the Livery Fund or
(B) maintain coverage under the NYS Workers' Compensation Law for all drivers dispatched.
(ii) Every Livery Base Station must maintain either Livery Fund membership or workers' compensation insurance coverage at all times.
(iii) A Livery Base Station that is an Independent Base Station must be a member of Livery Fund. To prove it is a member of the Livery Fund, a Livery Base Station must submit to the Commission:
(A) A copy of the affirmation given by the Livery Base Station to the Workers' Compensation Board as required by § 18-c(2) of the NYS Workers' Compensation Law and
(B) A copy of any certificate of membership or similar documentation issued by the Livery Fund.
(iv) A Livery Base Station that is not an Independent Base Station must buy insurance providing compensation under the NYS Workers' Compensation Law for all drivers dispatched. To prove that it has bought insurance coverage, a Livery Base Station must submit to the Commission:
(A) a current certificate of insurance and
(B) proof that the insurer is licensed by the NYS Insurance Department, together with a list of authorized signatories.
35 RCNY § 59B-12(a)(1) Fine: $25 for each day of non-compliance up to $5,000 and either suspension until compliance or Livery Base License revocation. Appearance REQUIRED
(2) Audit of Independent Base Stations. The Commission can audit any Independent Base Station as provided in § 18-c(2)(g) of the NYS Workers' Compensation Law.
(3) Coercion Prohibited. An Independent Base Station must not coerce any driver or vehicle owner into making false statements or refrain from reporting any violation of Article 6-G of the NYS Executive Law.
35 RCNY § 59B-12(a)(3) Fine: $1,000 - $5,000 and or suspension of Livery Base License and membership in Livery Fund for up to 2 years. Appearance REQUIRED
(4) Enforcement on Request. The Commission will enforce the provisions of this paragraph (4) only at the request of the Livery Fund or the NYS Workers' Compensation Board. The Livery Fund or NYS Workers' Compensation Board can ask the Commission to enforce these rules by filing a complaint against a Livery Base. The complaint will include documentation of the violation.
(i) An Independent Base Station must pay any assessment by the Livery Fund within 30 days of the assessment.
35 RCNY § 59B-12(a)(4)(i) Fine: $500 for each 30 days after notice payment is overdue, plus payment of the overdue amount plus interest on such amount at 12% per annum, together with either suspension until compliance or revocation of license and Livery Fund membership. Appearance REQUIRED
(ii) If an Independent Base Station License is suspended or revoked for failure to pay an assessment, the License cannot be reinstated, and the Independent Base Station cannot apply for a new or renewal license until:
(A) The Independent Base Station pays any money it owes to the Livery Fund or
(B) The Livery Fund agrees on a payment plan for money owed to it.
(iii) An Independent Base Station must not make a materially false statement in the sworn affirmation required by § 18-c(2) of the Workers' Compensation Law.
35 RCNY § 59B-12(a)(4)(iii) Fine: $1,000 - $10,000 and/or Livery Base License revocation for up to 5 years for first offense and permanent bar to licensure for second. Appearance REQUIRED
(iv) Any Independent Base Station found to have made a materially false statement under (iii) of this subparagraph on two separate occasions may not apply for or hold a Livery Base Station License.
(v) An Independent Base Station must not make any material misrepresentation about:
(A) the number of Vehicles affiliated with the Independent Base Station,
(B) the number of owners of such Vehicles, or
(C) the number of drivers dispatched by the Independent Base Station.
(D) Material misrepresentation includes any temporary alteration of records to reduce the numbers of vehicles or drivers.
35 RCNY § 59B-12(a)(4)(v) Fine: $1,000 - $5,000 and/or Livery Base License suspension or Livery Base License revocation for up to 2 years. Appearance REQUIRED
(5) Cessation of Benefits to Drivers. Upon filing with the Workers' Compensation Board to end the payment of benefits to the Driver of an affiliated Vehicle who has recovered from a disability and is ready to return to work, a Base Owner must provide the Driver with documentation that benefits have been stopped in order for the Commission to return that Driver's License.
35 RCNY § 59B-12(a)(5) Fine: $100 - $250 Appearance REQUIRED
(b) Black Car Bases, Luxury Limousine Bases, and High-Volume For-Hire Services.
(1) Membership in the Black Car Operators' Injury Compensation Fund.
(i) Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must become and remain a member of the Black Car Fund and must register with the Department of State as a Member of the Black Car Fund.
(ii) This provision does not apply to a Black Car or Luxury Limousine Base that owns fifty (50%) percent or more of the Vehicles it dispatches.
35 RCNY § 59B-12(b)(1) Fine: $25 for each day of non-compliance, to a maximum of $10,000, and either suspension until compliance or Base License revocation Appearance REQUIRED
(2) Submit Certificate of Registration with the Fund. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must:
(i) Provide the Commission with a copy of its certificate of registration with the Black Car Fund.
(ii) Pay to the Department of State all fees due as required by State law.
35 RCNY § 59B-12(b)(2) Fine: $25 for each day of non-compliance, to a maximum of $10,000, and either suspension until compliance or Base License revocation Appearance REQUIRED
(3) Bill and Collect Surcharge. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service member of the Black Car Fund must, for every trip dispatched from that Base, bill and collect the surcharge established by the Black Car Fund and required by State law in the manner prescribed by the Black Car Fund and State law.
35 RCNY § 59B-12(b)(3) Fine: $25 for each day of non-compliance, to a maximum of $10,000, and either suspension until compliance or Base License revocation, together with revocation of Black Car Fund membership Appearance REQUIRED
(4) Remit Surcharges. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must forward to the Black Car Fund all surcharges due and owing under paragraph (3), above, no later than the 15th day of the month following the month in which the surcharge is collected.
35 RCNY § 59B-12(b)(4) Fine: $500 - $5,000 for each 20 days the payment is overdue, and suspension until compliance or revocation, together with restitution to the Black Car Fund of any unpaid amount, together with interest at the rate of 12 percent per annum, together with revocation of Black Car Fund membership. Appearance REQUIRED
(5) Comply with all Rules of the Black Car Fund. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must comply with all applicable provisions of law governing the Black Car Fund, and all rules and regulations.
35 RCNY § 59B-12(b)(5) Fine: $500 - $10,000 and suspension until compliance or revocation Appearance REQUIRED
(6) Enforcement at Black Car Fund's Request. The Black Car Fund can ask the Commission to enforce these rules by filing a complaint against a Black Car Base, Luxury Limousine Base, or High-Volume For-Hire Service. The complaint will include documentation of the violation.
(c) Street Hail Livery Bases.
(1) Every Street Hail Livery Base must comply with the NYS Workers' Compensation Law and maintain the coverage required.
(Amended City Record 6/30/2021, eff. 7/30/2021)
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/0-0-0-68913Fetched: 10/24/2026