§ 59B-17 Operations – Service Requirements (Customers).
(a) Customer Complaints. A Base Owner will be responsible for handling customer complaints when directed by the Chairperson and will provide any information requested by the Chairperson regarding such complaints.
35 RCNY § 59B-17(a) Fine: $150 Appearance NOT REQUIRED
(b) No Required Ride-Sharing. A For-Hire Base Owner must not require that any prospective Passenger share a ride with another prospective Passenger.
35 RCNY § 59B-17(b) Base Fine: $50 Appearance NOT REQUIRED
(c) Provide Accessible Transportation. A Base Owner must provide transportation service to Persons with Disabilities.
(1) Requirements for Percentage of all Dispatched Trips Serviced by an Accessible Vehicle:
(i) At least five (5) percent of a Base's total trips dispatched between July 1, 2018, and June 30, 2019 must be trips dispatched to and completed by an Accessible Vehicle.
(ii) At least ten (10) percent of a Base's total trips dispatched between July 1, 2019, and June 30, 2020 must be trips dispatched to and completed by an Accessible Vehicle.
(iii) At least fifteen (15) percent of a Base's total trips dispatched between July 1, 2020, and June 30, 2021 must be trips dispatched to and completed by an Accessible Vehicle.
(iv) At least twenty (20) percent of a Base's total trips dispatched between July 1, 2021, and June 30, 2022 must be trips dispatched to and completed by an Accessible Vehicle.
(v) Beginning July 1, 2022, and continuing each year thereafter, at least twenty-five (25) percent of a Base's total trips dispatched between the dates of July 1 and June 30 must be trips dispatched to and completed by an Accessible Vehicle.
(2) For purposes of paragraph (1) of this subdivision, Hail Trips performed by an Accessible Street Hail Livery affiliated with a Base will count toward the total number of trips dispatched by that Base.
35 RCNY § 59B-17(c)(1) Fine: $50 for each 100 trips by which the Base missed the percentage of trips it was required to dispatch to Accessible Vehicles in that calendar year. Example: If Base A dispatches 100,000 trips between July 1, 2018 and June 30, 2019, but only dispatches 2,500 trips to Accessible Vehicles, the base will have missed the 5% requirement by 2,500 trips and be subject to a $1,250 fine. If a Base fails to dispatch enough trips to Accessible Vehicles to meet at least half of its percentage requirement, the Commission may seek suspension of up to 30 days or revocation. Appearance REQUIRED
(3) Evaluation by the Commission. Every year, beginning July 1, 2019, the Commission will review Base compliance levels, service levels, and any other information it deems relevant to determine if adjustments need to be made to the percentages set forth in paragraph (1) of this subdivision.
(4) Must Provide "Equivalent Service."
(i) The Base Owner must provide "equivalent service" to persons with disabilities.
(ii) "Equivalent Service" means that the service available to Persons with Disabilities, is equivalent to the service provided to other individuals with respect to:
A. Response time to requests for service.
B. Fares charged.
C. Hours and days of service availability.
D. Ability to accept reservations.
E. Restrictions based on trip purpose.
F. Vehicle types offered.
G. Other limitations on capacity or service availability.
35 RCNY § 59B-17(c)(4) Fine: $1,000 Appearance REQUIRED
(d) Must Dispatch Own Vehicles. A Base Owner must not dispatch a Vehicle that is not affiliated with the Base Owner's Base unless the Base Owner provides the customer with the name and license number of both the affiliated Base and the dispatching Base (clearly identifying which Base is the affiliated Base and which Base is the dispatching Base) in all communications with the customer and any materials or receipts provided to the customer.
35 RCNY § 59B-17(d) Fine: $150 Appearance NOT REQUIRED
(e) Special Requirements for Street Hail Liveries.
(1) Credit/Debit Card Rules.
(i) A Street Hail Livery Base Owner must ensure that each affiliated Street Hail Livery is equipped to accept customer payment by credit and debit card.
(ii) A Street Hail Livery Base Owner is not permitted to charge a pass along or additional fee to any passenger for debit or credit card transactions in Hail Trips.
35 RCNY § 59B-17(e)(1) Fine: First violation: $350 if plead guilty before a hearing; $500 if found guilty following a hearing. Second violation w/in 24 months: $700 if plead guilty before a hearing; $1,000 and possible suspension of License for up to 30 days if found guilty following a hearing. Third violation w/in 36 months: $750 and Revocation of License if plead guilty before a hearing; $1,000 and Revocation of License if found guilty following a hearing. Appearance REQUIRED
(2) E-Z-Pass® Required. A Street Hail Livery Base Owner must ensure that each affiliated Street Hail Livery is equipped with an E-Z-Pass® tag.
35 RCNY § 59B-17(e)(2) Fine: $100 and suspension until compliance Appearance REQUIRED
(f) Exception to the Percentage of all Dispatched Trips Serviced by an Accessible Vehicle Requirement. A Base currently licensed on the effective date of this Subdivision (f) may opt to meet a response time requirement for requests for Accessible Vehicles, in lieu of the requirements contained in 35 RCNY § 59B-17(c)(1), if the Base meets the following requirements:
(1) A Base will be exempt from the requirements contained in 35 RCNY § 59B-17(c)(1) if it either:
(i) Is approved by the Commission as an Accessible Vehicle dispatcher, responsible for receiving requests for Accessible Vehicles from associated Bases with which it has entered into an agreement and dispatching Accessible Vehicles on behalf of itself and its associated Bases in accordance with the response time requirements contained in Paragraph (3) below, or
(ii) Associates with an approved Accessible Vehicle dispatcher by entering into an agreement with an approved Accessible Vehicle dispatcher and sending its requests for Accessible Vehicles to its associated Accessible Vehicle dispatcher.
(2) Application Requirements to be an Approved Accessible Vehicle Dispatcher. A Base applying to be approved as Accessible Vehicle dispatcher must:
(i) Submit a list of at least ten (10) Bases, owned by an entity or entities other than the owner(s) of the applicant Base, that have demonstrated an intent to associate with the applicant Base,
(ii) Submit an outreach and marketing plan outlining the ways it will inform passengers who use wheelchairs about its associated Bases' wheelchair accessible offerings, subject to the approval of the Commission, and
(iii) Submit a statement outlining the number of Accessible Vehicles it will be able to dispatch in the first three (3) and six (6) months following its approval as an Accessible Vehicle dispatcher, subject to the approval of the Commission.
(3) Response Time Requirement for Requests for Accessible Vehicles for Accessible Vehicle Dispatchers.
(i) The Accessible Vehicle dispatcher must service at least ninety percent (90%) of all the requests for Accessible Vehicles it receives in under ten (10) minutes.
(ii) For purposes of (i), "requests" will not include requests for Accessible Vehicles that were cancelled by the passenger within ten (10) minutes of the request.
(iii) If an Accessible Vehicle dispatcher fails to meet the requirements contained in (i) above, the Commission will notify the Accessible Vehicle dispatcher and provide the Accessible Vehicle dispatcher thirty (30) days to come into compliance with the stated response time requirement. Failure to come into compliance within thirty (30) days of notification may result in termination of the Accessible Vehicle dispatcher's approval, immediately subjecting the Accessible Vehicle dispatcher to the requirements contained in 35 RCNY § 59B-17(c)(1), pro-rated for the duration of the compliance period.
(4) Calculating Response Time. For purposes of Paragraph (3) above, response time will be calculated in the following manner:
(i) For trips arranged at least one hour in advance, response time will be calculated from the time at which the vehicle was scheduled to arrive at the passenger's pick-up location until the vehicle arrives at the passenger's pick-up location.
(ii) For all other trip requests, response time will be calculated from when the Accessible Vehicle dispatcher received the request until the vehicle arrived at the passenger's pick-up location.
(5) Record Collection and Reporting Requirements for Accessible Vehicle Dispatcher. In addition to the trip records an Accessible Vehicle dispatcher must submit pursuant to its licensure as an FHV Base, an approved Accessible Vehicle dispatcher must collect and transmit to the Commission within one week of the end of each calendar month, in a format, layout, and procedure prescribed by the Commission, the following records for each request for an Accessible Vehicle the Accessible Vehicle dispatcher receives:
(i) the Base License Number of the Base that sent the request to the Accessible Vehicle dispatcher,
(ii) the date and time that the request was received by the Accessible Vehicle dispatcher,
(iii) the manner in which the request was received (e.g., via phone call, smartphone app, website),
(iv) an indicator as to whether each request resulted in a completed trip,
(v) if the request was fulfilled,
A. the TLC License number of the vehicle that fulfilled the request, the Base to which the vehicle is affiliated, and the driver who fulfilled the request
B. the pickup and drop off locations of the trip
C. the date and time the vehicle arrived at the pickup location, and
D. the total passenger wait time, calculated pursuant to Paragraph (4) above,
(vi) if the request was not fulfilled,
A. the date, time, and location of the requested pickup
B. the location of the requested drop off (if provided), and
C. an indicator as to the reason the request was not fulfilled, such as passenger cancellation (including time of cancellation), passenger no-show, driver cancellation, or no vehicles available. Failure to timely provide trip records may result in termination of the Accessible Vehicle dispatcher's approval, immediately subjecting the Accessible Vehicle dispatcher to the requirements contained in 35 RCNY § 59B-17(c)(1), pro-rated for the duration of the compliance period.
(6) Fares Charged to Passengers. An Accessible Vehicle dispatcher and an associated Base cannot charge a passenger more for a trip request received from an associated Base than that associated Base would charge a passenger requesting a non-Accessible Vehicle for the same trip. Overcharging a passenger may result in an Accessible Vehicle dispatcher or an associated Base being immediately subject to the requirements contained in 35 RCNY § 59B-17(c)(1), pro-rated for the duration of the compliance period.
(7) Passenger Feedback. Each Accessible Vehicle dispatcher and associated Base must collect and transmit to the Commission within one week of the end of each calendar month, in a format, layout, and procedure prescribed by the Commission, all complaints and compliments the Base and Accessible Vehicle dispatcher received from passengers in the preceding calendar month concerning its provision of wheelchair accessible service, including all driver ratings, where applicable.
(8) Bases opting to associate with an approved Accessible Vehicle dispatcher must be able to accept requests from passengers for Accessible Vehicles in the same manner(s) in which they accept requests from passengers for non-Accessible Vehicles. Failure to accept requests from passengers for Accessible Vehicles in the same manner(s) in which a base accepts requests from passengers for non-Accessible Vehicles may result in the associated Base being immediately subject to the requirements contained in 35 RCNY § 59B-17(c)(1), pro-rated for the duration of the compliance period.
(9) In addition to submitting trip records pursuant to 35 RCNY § 59B-19, a Base opting to associate with an approved Accessible Vehicle dispatcher, and Accessible Vehicle dispatchers in their capacity as a Base which accepts trip requests, must submit to the Commission within one week of the end of each calendar month, in a format, layout, and procedure approved by the Commission, records containing the following information:
(i) For each request for an Accessible Vehicle received by the Base:
A. the date and time the Base received the request
B. the date and time the Base forwarded the request to its Accessible Vehicle dispatcher, and
(ii) For each request for a non-Accessible Vehicle that results in a completed trip
A. the date and time that the request was received by the Base,
B. an indicator corresponding to the trip record for the completed trip provided pursuant to 35 RCNY § 59B-19,
(iii) All complaints and compliments received from passengers concerning its provision of wheelchair accessible service, including all driver ratings, where applicable.
Failure to timely provide trip records may result in termination of the Accessible Vehicle dispatcher's approval, immediately subjecting the base to the requirements contained in 35 RCNY § 59B-17(c)(1), pro-rated for the duration of the compliance period.
(10) Good Standing of Associated Bases. An associated Base must remain in good standing with its Accessible Vehicle dispatcher. To remain in good standing with its Accessible Vehicle dispatcher, an associated Base must adhere to the terms of the agreement it entered into with its Accessible Vehicle dispatcher. Failure to remain in good standing with its Accessible Vehicle dispatcher may result in the associated Base being immediately subject to the requirements contained in 35 RCNY § 59B-17(c)(1), pro-rated for the duration of the compliance period, subject to the conditions of Paragraph (12) below.
(11) Evaluation by the Commission. Every year, beginning July 1, 2019, the Commission will review Base compliance levels, service levels, feedback received pursuant to Paragraph (7) of this subdivision, and any other information it deems relevant to determine if adjustments need to be made to the response time requirements set forth in paragraph (3) of this subdivision or any other requirement contained in this Subdivision (f). Any changes made to the provisions of 35 RCNY § 59B-17(f), resulting from an annual review performed pursuant to this Paragraph (11), will be subject to the City Administrative Procedure Act, Sections 1041 - 1047 of the Charter.
(12) Consequences of Termination of Approval. If the Commission terminates a Base's associated Accessible Vehicle dispatcher's approval, or if an Accessible Vehicle dispatcher terminates a Base's association, a Base associated with the Accessible Vehicle dispatcher must:
(i) Associate with a different Accessible Vehicle dispatcher within thirty (30) days following Commission provided notification of the Accessible Vehicle dispatcher's approval termination, or
(ii) Submit an application to be approved as an Accessible Vehicle dispatcher within thirty (30) days following the Commission provided notification of the Accessible Vehicle dispatcher's termination.
If a Base that is no longer associated with an Accessible Vehicle dispatcher does not associate with a different approved Accessible Vehicle dispatcher or submit an application to be approved as an Accessible Vehicle dispatcher within thirty (30) days following notification of the termination, the Base may be subject to the requirements contained in 35 RCNY § 59B-17(c)(1) on the thirty-first (31st) day following the notification.
(13) Base Accessible Service Selection Date.
(i) A Base currently licensed on the effective date of Subdivision (f) of these Rules must inform in the Commission, as provided below,whether it is opting into the exception to 35 RCNY § 59B-17(c)(1) provided by this 35 RCNY § 59B-17(f).
A. A Base opting into the exception provided by this 35 RCNY § 59B-17(f) as an Accessible Vehicle dispatcher must submit an application to be approved as an Accessible Vehicle dispatcher within thirty (30) days of the effective date of Subdivision (f).
B. A Base opting into the exception provided by 35 RCNY § 59B-17(f) must apply with an Accessible Vehicle dispatcher at the time the Base exercises this option and must do so within sixty (60) days of the effective of Subdivision (f).
C. A Base that does not opt into the exception to 35 RCNY § 59B-17(c)(1) provided by this 35 RCNY § 59B-17(f), either as an approved Accessible Vehicle dispatcher or a Base affiliating with an Accessible Vehicle dispatcher, within the timeframes provided by this subdivision may not apply to opt into such exception until the Base's next renewal License application.
(ii) A renewing Base Applicant that had previously opted into the exception to 35 RCNY § 59B-17(c)(1) provided by this 35 RCNY § 59B-17(f) must indicate at the time of its renewal application whether it is continuing to opt into the exception to 35 RCNY § 59B-17(c)(1) provided by this 35 RCNY § 59B-17(f).
(iii) A Base that previously opted into the exception to 35 RCNY § 59B-17(c)(1) provided by this 35 RCNY § 59B-17(f), but failed to comply with the requirements of 35 RCNY § 59B-17(f) and is now subject to the requirements in 35 RCNY § 59B-17(c)(1) may not reapply to opt into the exception provided by 35 RCNY § 59B-17(f) except for good cause shown.
(Amended City Record 12/20/2017, eff. 1/19/2018; amended City Record 10/12/2018, eff. 11/11/2018; amended City Record 8/12/2019, eff. 8/12/2019; amended City Record 2/4/2025, eff. 3/6/2025)