NYC ADMINISTRATIVE CODE
TITLE 20 - CONSUMER
AFFAIRS
CHAPTER 2 – LICENSES
SUBCHAPTER 21 - SIGHT-SEEING BUSES, HORSE-DRAWN CABS AND DRIVERS
(20-371-20-383)
§ 20-371 Licensing of
sight-seeing buses, horse drawn cabs and horse drawn cab drivers.
Legislative findings. The
legislative findings heretofore made in relation to the business of
sight-seeing buses and horse drawn cabs in the city of New York and set
forth in local law number ten of nineteen hundred sixty-four continue to
be valid; such businesses are vested with a public interest and their
regulation and control continue to be necessary and essential in order to
cope with certain evils and hazards which existed in the absence of
governmental supervision. The supervision formerly was reposed in the
police commissioner, but recent experience and study indicate that
jurisdiction over such businesses should be transferred to the commissioner.
It is further found that the present number of horse drawn cabs licensed
in the city of New York is adequate to meet the public need and demand and
should be preserved, unless the commissioner finds that additional
licenses are necessary and advisable.
§ 20-372 Definitions.
Whenever used in this subchapter, the following terms shall mean:
1. "Owner" shall include
any person, firm, partnership, corporation or association owning and operating
a sight-seeing bus or buses, or horse drawn cab or cabs, and shall include
a purchaser under a reserve title contract, conditional sales agreement or
vendor's agreement and the lessee of such vehicle or vehicles under a
written lease or similar contract provided such purchaser or lessee of
sight-seeing bus or buses shall be entitled to obtain in his or her name a
license or licenses therefore from the commissioner of motor vehicles of the
state of New York.
2. "Sight-seeing bus
license" shall designate the license issued by the commissioner for each
sight-seeing bus.
3. "Inspection card"
shall designate the card issued by the commissioner for the
sight-seeing bus licensed or horse drawn cab licensed, which card shall
display the license number and capacity of such vehicle.
4. "Sight-seeing bus"
shall mean a motor vehicle designed to comfortably seat and carry eight
or more passengers operating for hire from a fixed point in the city of
New York to a place or places of interest or amusements, and shall also include
a vehicle, designed as aforesaid which by oral or written contract
is let and hired or otherwise engaged for its exclusive use for a specific
or special trip or excursion from a starting point within the city of New
York.
5. "Horse drawn cab"
shall mean a horse drawn vehicle operating for hire, so designed and
constructed to comfortably seat not more than four adults, or two adults and
four children, each of whom is under twelve years of age, or three adults
and two children, each of whom is under twelve years of age, in the interior
thereof.
6. "Horse drawn cab
driver" shall include any person licensed to drive a horse drawn cab in the
city of New York.
7. "Horse drawn cab
license" shall designate the license issued by the commissioner for each horse
drawn cab.
8. "Horse drawn cab
driver's license" shall designate the license issued by the commissioner
for a driver of a horse drawn cab.
9. "Certificate of
conformity" shall mean that document issued by the Administrator of the
United States environmental protection agency pursuant to section
206(a) of the Clean Air Act of 1990, 42 U.S.C. ?(a), reflecting such
Administrator's determination that an engine conforms to emissions
standards and other regulations issued under section 202 of the Clean Air
Act of 1990, 42 U.S.C. ?, as well as the terms and the time periods
prescribed thereon, and as such laws and such regulations may be amended from
time to time.
10. "Fleet" shall mean a
group of vehicles owned or operated by the same person.
§ 20-373 License
required; fee; term. a. It shall
be unlawful to operate or permit another to operate for hire a sight-seeing
bus or horse-drawn cab within the city unless the owner shall have
first obtained a license therefore from the commissioner. An applicant for
a horse-drawn cab license shall be at least eighteen years of age.
b. Fees. The original
and renewal license fee for each sight-seeing bus shall be fifty dollars and
for each horse-drawn cab shall be fifty dollars.
c. The commissioner shall
not renew any horse-drawn cab license in the event that he or she shall
determine that the horse-drawn cab has not been operated for at least four
months during the preceding license year, provided that such failure to
operate shall not have been caused by strike, riot, war or other public
catastrophe. However, in the event that it is shown to the commissioner
by competent proof that the licensee has been disabled through illness or has
been unable to operate the horse-drawn cab because of other cause beyond his
or her control, the commissioner may renew such license.
d. The commissioner may
refuse to renew any horse drawn cab license in the event that he or she
determines that the holder of the horse drawn cab license has demonstrated a
disregard for the provisions of this subchapter as illustrated by repeated
violations of such provisions.
§ 20-374 Granting and
transferring of licenses. a. Any
person, firm, partnership, corporation or association, owning or
operating a sight-seeing bus, or buses, or horse-drawn cab, or cabs engaging
in the business of transporting passengers in, about, over and upon any of
the streets, avenues, bridges, highways, boulevards or public places within
the limits of the city of New York, shall be issued a license for each bus
or cab so operating, provided, however any such person, firm,
partnership, corporation or association owning or operating a
sight-seeing bus or buses, shall first have obtained a license or
licenses, as he or she shall be entitled to receive from the
commissioner of motor vehicles of the state of New York as made and
provided by law. b. It shall be unlawful for a license, after being
issued by the commissioner, to be transferred to any person, firm,
partnership, corporation or association for any cause whatsoever, except that
licenses for horse-drawn cabs may be transferred with the approval of the
commissioner. Upon voluntary sale or transfer of a licensed horse-drawn cab
by the holder of a license or his or her legal representative, the
licensee shall immediately notify the commissioner of his or her intention to
replace such horse-drawn cab, or shall surrender his or her license. If
the license is surrendered, the vendee or transferee may make application to
the commissioner for the licensing of the horse-drawn cab so purchased. A new
license shall then be issued by the commissioner in place of the license so
surrendered, provided the applicant has demonstrated to the satisfaction of
the commissioner that he or she is qualified to assume the duties and
obligations of a horse-drawn cab license. c. The commissioner shall
issue additional licenses only after conducting a public hearing to determine
whether the public convenience, welfare and necessity require the
operation of additional horse-drawn cabs. The public hearing shall be called
upon his or her own motion or upon written request by any applicant. Notice
of such public hearing shall be published in the City Record once a week
for two consecutive weeks and shall be mailed to all current licensees. If the
commissioner shall determine that additional horse-drawn cabs are necessary and
advisable, he or she shall certify the number of new licenses to be
granted. Not more than one such public hearing shall be held during any
calendar year and the commissioner may refuse to consider any request
if it appears that a recent public hearing has adequately considered the
question. In making his or her determination, the commissioner shall
consider among other things, the income of the driver, the income of the owner,
the effect upon traffic, and the public demand. The new licenses which are
granted shall be allocated to the then existent licensees in the ratio of
the number of licenses held by the licensee to the total number of licenses
issued and in effect. If a licensee does not accept his or her allotted
number within sixty days, his or her additional licenses shall be allocated
in the same manner among the remaining licensees. If the number of
additional licenses authorized is insufficient to permit such
allocation, then the distribution among those licensees entitled to the
smallest number of additional licenses shall be made so that priority shall
be given to those who have been uninterruptedly licensed for the longest
period. New applicants for such additional licenses shall be considered only
when the present licensees refuse to accept their allocation of licenses in
the manner provided above. The distribution of such additional licenses to new
applicants shall be in the order of their filing, provided however
that each new applicant shall not be entitled to more than one such additional
license until each new applicant who has filed at the time of
distribution and who is otherwise eligible has received one license.
§ 20-375 License
plate. Upon the payment of the
license fee the commissioner shall issue a license to the owner of the
sightseeing bus or horse drawn cab together with a license plate to be
securely affixed to a conspicuous and indispensable part of such
sightseeing bus or securely and conspicuously affixed to the rear axle of
such horse drawn cab, on which shall be clearly set forth the license
number of such
sightseeing bus or
horse drawn cab. The license plate issued to the licensee may, in the
discretion of the commissioner, be a plate of a permanent nature with
a replaceable date tag attached thereto, indicating the expiration date of
the plate during each license year and the issuance of such a plate with such
date tag to a person possessing such a plate, shall be deemed issuance of a
license plate. Such license plate and the replaceable date tag to be issued
from year to year to be attached thereto, shall be of such material, form,
design and dimension and set forth such distinguishing number or other
identification marks as the commissioner shall prescribe. The commissioner
upon renewal of the license hereunder, may continue the use of the license
plate for as many additional license years as he or she in his or her
discretion may determine, in which event he or she shall issue and deliver
to the licensee a replaceable date tag as evidence of renewal of the
license, which shall be attached or affixed in such manner as he or she
may prescribe by rule. The failure to affix or display such date tag in a
manner prescribed by the commissioner shall constitute a violation of this
section. In the event of the loss, mutilation or destruction of any license
plate or date tag issued hereunder, the owner may file such statement and
proof of facts as the commissioner shall require, with a fee of twenty-five
dollars, at the department, and the department shall issue a duplicate or
substitute license plate or date tag.
§ 20-376 Inspection
of sight-seeing buses. a. A vehicle shall be licensed as a sight-seeing bus
only after it shall have been examined and inspected to determine that it
complies with this section, and that it also
(1) complies with all
the requirements of the vehicle and traffic law of the state of New
York, and
(2) is certified by the
department of transportation of the state, as being safe and properly
equipped to operate.
b. (1) On and after the
effective date of the local law which added this amendment, the commissioner
shall not issue a sight-seeing bus license to any vehicle that when
originally manufactured was not equipped with an engine covered by a
certificate of conformity unless an engine covered by a certificate of
conformity for the model year applicable to the date on which a
sight-seeing bus license application for such bus is submitted to the
commissioner, has been installed in such vehicle.
(2) The commissioner
shall not renew the license of any sight-seeing bus that was licensed as of the
date of the introduction of the local law which added this amendment and
that when originally manufactured, was not equipped with an engine covered by a
certificate of conformity unless an engine covered by a certificate of
conformity for a model year no earlier than the model year applicable to the
date on which the local law which added this amendment was introduced, has
been installed in such bus.
(3) The commissioner shall
not renew the license of any sight-seeing bus that was first issued a
sight-seeing bus license on or after the date of introduction of the local law
that added this amendment and before the effective date of such law
and that, when originally manufactured, was not equipped with an engine
covered by a certificate of conformity, unless an engine covered by a
certificate of conformity for a model year no earlier than the model year
applicable to the date on which the first sight-seeing bus license renewal
application for such bus is submitted to the commissioner, has been installed
in such bus.
c. The commissioner shall
refuse a license to any sight-seeing bus not in compliance with the
requirements of this section, any rules promulgated there under or with
any other laws or rules governing sight-seeing buses, or which is
otherwise found to be unfit for operation. Grounds for refusal to issue a
license shall include, but not be limited to, installation of an engine
which does not meet the requirements of subdivision b of this section,
failure to submit a bus or records pertaining to the operation and maintenance
of such bus for inspection, installation of an engine not covered by a
certificate of conformity in a vehicle which was originally manufactured with
such an engine, installation of an engine of any model year preceding the
year of manufacture in a vehicle which was originally manufactured with an
engine covered by a certificate of conformity and being found to have
violated the requirements for diesel fuel-powered sight-seeing buses
contained in section 24-163.6 of the administrative code.
d. The commissioner may
adopt rules (1) requiring the inspection by the department of sight-seeing
buses and/or records pertaining to the operation and maintenance of such
buses to determine compliance with the requirements of subdivision b of this
section and section 24-163.6 of the administrative code; (2) delegating
the performance of such inspections to the department of
environmental protection; and (3) authorizing the acceptance of the results of
inspections consistent with paragraph one of this subdivision conducted by a
state or federal agency authorized to conduct such inspections on such buses.
§ 20-377 Inspection of
horse-drawn cab. A vehicle shall be
licensed as a horse-drawn cab only after it shall have been examined and
inspected. The commissioner shall refuse a license to, or if already
issued, suspend the license of any horse-drawn cab found to be unfit
for operation.
§ 20-377.1 Insurance.
a. As a condition of the issuance of a license to operate a horse drawn cab,
each applicant shall furnish proof that such horse drawn cab is insured
under a liability insurance policy with respect to such horse drawn cab for
personal injury or death and for injury to or destruction of property of
one or more persons resulting from any one accident of not less than the
minimum dollar amount of liability insurance coverage required by vehicle
and traffic law to be maintained by owners of vehicles engaged in the business
of carrying or transporting passengers for hire. b. The licensee shall
notify the commissioner of any modification, amendment, cancellation or
substitution of any insurance policy required under subdivision a of this
section within ten days of notice to the licensee of such modification,
amendment, cancellation or substitution.
§ 20-378 Periodic
inspection. The license department
shall cause all sight-seeing buses and horse-drawn cabs now, or hereafter
licensed, to be inspected at least once every four months. The date
of such inspection and the signature of the person making the inspection
shall be recorded upon the inspection card in the spaces provided therefore.
§ 20-379 Form of
inspection card. The commissioner
shall prescribe an appropriate form of inspection card for sight-seeing
buses and horse-drawn cabs and the manner in which such card and the
sight-seeing bus driver's and horse-drawn cab driver's identification cards
shall be displayed.
§ 20-380 Rates of
horse drawn cabs. The amount to be
charged and collected for the use of a horse drawn cab by one or more
passengers shall be the total of the following items: thirty-four dollars for
the first half-hour or fraction, the fraction of the half-hour shall be at
the passenger's option, and ten dollars for each additional fifteen
minutes thereafter.
§ 20-381 Horse drawn
cab driver's license. a. It shall be
unlawful for any person to operate a horse drawn cab within the city without
having a valid horse drawn cab driver's license from the commissioner.
b. The biennial fee
for each such horse drawn cab driver's license shall be thirty dollars.
c. The commissioner shall
investigate each applicant as to character
and fitness before such
license shall be issued.
d. A horse drawn cab
driver's license shall not be issued or renewed unless the applicant
therefore has submitted to the commissioner a certificate issued by
the commissioner of health pursuant to section
§ 20-381.1
Area and time restrictions on the operation of horse drawn cabs. a. It shall be
unlawful for a driver of a horse drawn cab to operate such cab at
any time when and where such operation is prohibited.
b. (1) Horse drawn cabs
shall not be driven or operated in the borough of Manhattan between the hours
of 7:00 a.m. and 10:00 a.m. on Monday through Friday. Horse drawn cabs
shall not be driven or operated in the borough of Manhattan between the hours
of 10:00 a.m. and 9:00 p.m. on Monday through Friday except for that
area inside or immediately adjacent to Central Park.
(2) Between the hours of
9:00 p.m. and 11:30 p.m. on Monday through Friday, between the hours of
12:30 p.m. and 11:30 p.m. on Saturday, and between the hours of 1:30 p.m. and
7:00 p.m. on Sunday, horse drawn cabs shall not be driven or operated in the
borough of Manhattan in the areas bounded by and including the following
streets: on the north by West Fifty-Seventh street, on the east by
Seventh avenue, on the south by West Forty-Second street and on the west by
Ninth avenue; and on the north by West Sixty-Fifth street, on the east by
Columbus avenue, on the south by West Fifty-Seventh street and on the west by
Amsterdam avenue.
(3) On Saturday
between the hours of 10:00 a.m. and 8:00 p.m. throughout the year and on
Sunday between the hours of 10:00 a.m. and 7:00 p.m. during the
period commencing with the Sunday preceding Thanksgiving until the sixth
day of January immediately thereafter, horse drawn cabs shall not be
driven or operated in the borough of Manhattan in the area bounded by and
including the following streets: on the north by West Fifty-Seventh street, on
the east by Fifth avenue, on the south by West Forty-Second street and on
the west by Avenue of the Americas.
(4) On New Year's day,
Thanksgiving day and Christmas day, the restrictions set forth in
paragraphs one, two and three of this subdivision shall not apply. On
the aforementioned days between the hours of 10:00 a.m. and 11:30 p.m.,
horse drawn cabs shall not be driven or operated in the borough of
Manhattan in the areas bounded by and including the following streets: on the
north by West Fifty-Seventh street, on the east by Seventh avenue, on the
south by West Forty-Second street and on the west by Ninth avenue; and
on the north by West Sixty-Fifth street, on the east by Columbus avenue, on the
south by West Fifty-Seventh street and on the west by Amsterdam avenue.
(5) At no time shall any
horse drawn cab be driven or operated on or in any bridge or tunnel within
the city of New York.
c. The prohibitions
contained in this section shall not be construed to apply to horse drawn cabs
which are being driven, without passengers, on a direct route to or from
the location at which the horse is
sheltered, provided
that they are so driven no more than one-half hour prior to the end of any time
restriction or one-half hour after the beginning of any time restriction.
The driver may be accompanied at such times only by the owner or operator
of a horse drawn cab, a stable owner, the driver of a horse drawn cab and
driver-trainee, or an employee of an owner or operator of a horse drawn cab
or stable owner.
d. Where exigent
circumstances exist and a police officer or other authorized officer or
employee of the department, the department of transportation, or the
department of parks and recreation gives notice to the driver of a horse drawn
cab to refrain from operating such cab in a specific location at a specific
time, such driver shall not operate such cab at such location at
such time. For purposes of this subdivision, exigent circumstances shall
include, but shall not be limited to, unusually heavy pedestrian or
vehicular traffic, the existence of any obstructions in the public space
at or near such location, an
accident, fire or other emergency situation, or a parade, demonstration or
other similar event or occurrence at or near such location.
e. This section shall be
enforced by the department and the department of transportation, with the
cooperation of the department of parks and recreation, the police department,
the department of health and mental hygiene and the American Society
for the Prevention of Cruelty to Animals.
f. This section shall
not be construed to permit the operation, parking, stopping or standing
of any horse drawn cab in any area at any time where or when such operation,
parking, stopping or standing is prohibited by any other law or rule.
§ 20-382 Unlawful
agreements by owners or horse drawn cab drivers.
It shall be unlawful for any owner or any horse drawn cab driver to have or
make any contract or agreement with any owner of any hotel, apartment
house, restaurant or cafe or with the agent or employee of such places, by
which such owner or such horse drawn cab driver shall agree to solicit
the patronage of any passenger for any such hotel, apartment house,
restaurant or cafe.
§ 20-383 Suspensions
and revocations. a. After notice and
opportunity to be heard, the commissioner may suspend or revoke any
sight-seeing bus license where the holder has failed to comply with any
provisions of this subchapter or of the rules promulgated there under, or
with any other laws or rules governing sight-seeing buses, or which
sight-seeing bus is otherwise found to be unfit for operation. Such suspension
shall remain in effect until compliance and fitness have been established by
the licensee and accepted by the department. Grounds for suspension or
revocation shall include, but not be limited to, installation of an
engine which does not meet the requirements of subdivision b of section 20-376
of this subchapter, being found to have violated the requirements for diesel
fuel-powered sight-seeing buses contained in section 24-163.6 of the
administrative code, failure to submit a bus for inspection, installation
of an engine not covered by a certificate of conformity in a vehicle which was
originally manufactured with such an engine and installation of an
engine of any model year preceding the year of manufacture in a vehicle
which was originally manufactured with an engine covered by a certificate
of conformity.
b. Any driver of a horse
drawn cab found to have committed within any twelve-month period, in the
aggregate, at least three violations of this subchapter shall have his or her
license suspended by the commissioner for a period of not less than
three months. For purposes of this subdivision, all violations written on any
one day shall constitute a single violation.
c. Notwithstanding the
provisions of subdivision b of this section, any driver of a horse drawn cab
found to have committed within any twenty-four month period, in the
aggregate, at least five violations of this subchapter shall have his or
her license suspended by the commissioner for six months. For
purposes of this subdivision, all violations written on any one day shall
constitute a single violation.
d. Notwithstanding the
provisions of subdivisions b and c of this section, any driver of a
horse drawn cab found guilty of one violation of subdivision d of section
20-381.1 of the code or sections three hundred fifty-one, three hundred
fifty-three, three hundred fifty-five through three hundred sixty-two or three
hundred sixty-nine of the New York state agriculture and markets law or
who is found guilty of a violation of this subchapter while his or her
license is suspended, shall have his or her license revoked. A driver whose
license has been revoked in accordance with this provision may not apply
for a new license for five years from the date of revocation.
§ 20-384 Regulations.
The commissioner may make and promulgate such rules and regulations and
prescribe such forms as are necessary to carry out the provisions of this
subchapter.
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