Int. No. 2327
By Council Members Powers and Yeger
A Local Law in relation to extending scheduled vehicle retirement dates for taxicabs during the COVID-19 state disaster emergency and the repeal thereof
Be it enacted by the Council as follows:
Section 1. a. Definitions. As used in this section, the following terms have the following meanings:
Accessible taxicab. The term “accessible taxicab” means a taxicab that is licensed by the commission and that meets the specifications of the americans with disabilities act as described in section 67-05.2 of title 35 of the rules of the city of New York.
Commission. The term “commission” means the taxi and limousine commission.
COVID-19 state disaster emergency. The term “COVID-19 state disaster emergency” means the state disaster emergency declared by the governor of New York in executive order number 202 issued on March 7, 2020 or any executive order renewing or extending such emergency.
Medallion. The term “medallion” means the metal plate issued by the commission for displaying the license number of a licensed taxicab on the outside of the vehicle.
Scheduled vehicle retirement date. The term “scheduled vehicle retirement date” means the date by which a taxicab is scheduled to be retired from service, as determined pursuant to title 35 of the rules of the city of New York or by local law.
Taxicab. The term “taxicab” means a motor vehicle, yellow in color, bearing a medallion indicating that it is licensed by the commission to carry up to five passengers for hire and authorized to accept street hails.
Vehicle retirement extension. The term “vehicle retirement extension” means an extension from the scheduled vehicle retirement date for a taxicab.
b. Any owner of a taxicab that is affiliated with a medallion that is not scheduled to be converted to an accessible taxicab at the next scheduled vehicle retirement date in accordance with section 58-50 of title 35 of the rules of the city of New York, that applies in writing to the commission for a vehicle retirement extension during the COVID-19 state disaster emergency, shall be granted an extension of 12 months from the scheduled vehicle retirement date, provided that such taxicab continues to meet all safety and emission requirements throughout the duration of such extension.
c. Any owner of a taxicab that is affiliated with a medallion that is scheduled to be converted to an accessible taxicab at the next scheduled vehicle retirement date in accordance with section 58-50 of title 35 of the rules of the city of New York, that applies in writing to the commission for a vehicle retirement extension during the COVID-19 state disaster emergency, shall be granted an extension of 6 months from the scheduled vehicle retirement date, provided that such taxicab continues to meet all safety and emission requirements throughout the duration of such extension.
d. The commission shall withdraw any extension granted pursuant to subdivisions b and c whenever such taxicab is determined by the commission to be unsafe for operation.
e. Any owner of a taxicab that received a vehicle retirement extension pursuant to subdivision b may apply for up to an additional 12 month extension if such owner continues to meet the requirements of subdivision b at the time such owner applies for the extension and the owner can demonstrate an economic or other personal hardship that the commission determines would create an undue burden upon the owner if the extension were not granted.
f. The chairperson of the taxi and limousine commission shall post conspicuously on the commission’s website, information on the vehicle retirement extensions provided for by this local law.
g. Nothing in this local law is intended to interfere or conflict with any court order, or is intended to supersede section 67-19 of title 35 of the rules of the city of New York.
§ 2. This local law takes effect immediately and expires and is deemed repealed on January 1, 2023.
JEF/MN
LS #16566
5/21/21