New York City Council Header
File #: Int 1249-2018    Version: Name: Repealing the critical driver program and amending the persistent violators program relating to drivers of taxicabs and for-hire vehicles.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Governmental Operations
On agenda: 11/28/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to repealing the critical driver program and amending the persistent violators program relating to drivers of taxicabs and for-hire vehicles
Sponsors: Fernando Cabrera
Council Member Sponsors: 1
Summary: This bill would streamline the Taxi and Limousine Commission (“TLC”) programs related to violations that result in points on drivers’ TLC-issued licenses. The bill would consolidate the Critical Driver Program under the Persistent Violator Program, and update the Persistent Violator Program to include provisions from the Critical Driver Program related to motor vehicle accident prevention courses approved by the department of motor vehicles.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1249-A, 2. Summary of Int. No. 1249, 3. Int. No. 1249, 4. November 28, 2018 - Stated Meeting Agenda with Links to Files, 5. Proposed Int. No. 1249-A - 12/7/18, 6. Committee Report 1/31/19, 7. Hearing Testimony 1/31/19, 8. Hearing Transcript 1/31/19
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/31/2019*Fernando Cabrera Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
1/31/2019*Fernando Cabrera Committee on Governmental Operations Amendment Proposed by Comm  Action details Meeting details Not available
1/31/2019*Fernando Cabrera Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
12/10/2018AFernando Cabrera City Council Re-referred to Committee by Council  Action details Meeting details Not available
11/28/2018*Fernando Cabrera City Council Referred to Comm by Council  Action details Meeting details Not available
11/28/2018*Fernando Cabrera City Council Introduced by Council  Action details Meeting details Not available

Proposed Int. No. 1249-A

 

By Council Member Cabrera

 

A Local Law to amend the administrative code of the city of New York, in relation to repealing the critical driver program and amending the persistent violators program relating to drivers of taxicabs and for-hire vehicles

 

Be it enacted by the Council as follows:

 

Section 1. Subdivisions a, b and c of section 19-507.1 of the administrative code of the city of New York, as amended by local law number 51 for the year 2016, are amended to read as follows:

a. (1) Any taxicab or for-hire vehicle driver may attend a remedial or refresher course approved by the commission or a motor vehicle accident prevention course approved by the department of motor vehicles. Upon presentation to the commission of proof of satisfactory completion of a commission-approved remedial or refresher course by such driver, three points shall be deducted from the number of points assessed under the persistent violators program against his or her commission-issued driver's license, except as otherwise provided in this paragraph. A taxicab or for-hire vehicle driver shall be eligible for a point reduction pursuant to this [subdivision] paragraph for points assessed by the commission against his or her commission-issued driver’s license only once within a five-year period.

(2) Upon presentation to the commission of proof of satisfactory completion of a motor vehicle accident prevention course approved by the department of motor vehicles, three points shall be deducted from the number of points accrued under the persistent violator program for points assessed by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence against the driver’s license issued to such taxicab or for-hire vehicle driver by such department or agency, except as otherwise provided in this paragraph. A taxicab or for-hire vehicle driver shall be eligible for a point reduction pursuant to this paragraph for points assessed by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence only once within an eighteen-month period.

(3) In the event no [such approved] commission-approved remedial or refresher course is available at the time such driver seeks to enroll, [such driver may take a course provided for in paragraph one of subdivision c of section 19-507.2 of this chapter. In such instance, completion] completion of a department of motor vehicles-approved course taken pursuant to [this] paragraph [or pursuant to paragraph one of subdivision c of section 19-507.2] two of this subdivision shall result in the removal of three points from [either] the number of points accrued under the persistent violators program [or from the number of points accrued under the critical drivers program, but not from both, upon the election of the driver who completes such course], whether such points are assessed against such driver’s commission-issued license or such driver’s license issued by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence.

[(2)] (4) Notwithstanding the provisions of [paragraph] paragraphs one, two or three of this subdivision, no point reduction shall affect any suspension or revocation action which may be taken by the commission pursuant to this program prior to the completion of [the] a commission-approved or department of motor vehicles-approved course and no taxicab or for-hire vehicle driver shall receive a point reduction unless attendance at [the] such course is voluntary on the part of the driver.

b. Any taxicab or for-hire vehicle driver who has been found guilty of violations [of the commission's rules] such that a total of six or more points but fewer than ten points have been assessed by the commission against his or her commission-issued driver's license or by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence against the driver’s license issued to such taxicab or for-hire vehicle driver by such department or agency within any fifteen-month period and whose license has not been revoked shall have his or her commission-issued driver's license suspended for up to thirty days.

c. Any taxicab or for-hire vehicle driver who has been found guilty of violations [of the commission's rules] such that a total of ten or more points have been assessed by the commission against his or her commission-issued driver's license or by the department of motor vehicles or an equivalent licensing agency of the driver’s state of residence against the driver’s license issued to such taxicab or for-hire vehicle driver by such department or agency within any fifteen-month period shall have his or her commission-issued driver's license revoked.

§2. Subdivision e of section 19-507.1 of the administrative code of the city of New York, as amended by local law number 51 for the year 2016, is amended to read as follows:

e. A taxicab or for-hire vehicle driver shall not be subject to an assessment of points against his or her commission-issued driver's license or the imposition of duplicate penalties where the same act is a violation under provisions of law other than commission rules and where such violations duplicate each other or are substantively the same and any such driver may be issued only one summons or notice of violation for such violation. [Points assessed pursuant to section 19-507.2 of this chapter may, pursuant to subdivisions i and j of this section, be added to points assessed by the commission under this section for violations of commission rules.]

§3. Subdivisions i and j of section 19-507.1 of the administrative code of the city of New York are REPEALED.

§ 4. Section 19-507.2 of the administrative code of the city of New York is REPEALED.

§ 5. This local law takes effect 60 days after it becomes law, except that the taxi and limousine commission shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

 

 

 

 

 

EL

LS #6823

12/7/18 4:50 p.m.