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MONDAY, SEPTEMBER 30, 2019

THE CITY RECORD

5643

REFERENCE NUMBER: TLC-112

Statement of Basis and Purpose of Proposed Rule
RULEMAKING AGENCY: Taxi and Limousine Commission
In order to allow greater vehicle choice for medallion owners and a broader selection of vehicles for passengers who use wheelchairs, these proposed rules would permit taxicab medallion owners who are required to, or choose to, hack-up with an accessible vehicle to use approved vehicle models in addition to the Nissan NV200 Taxi of Tomorrow. In addition, the proposed rules would permit accessible taxicabs to add an accessible taxi symbol to the roof light. The proposed rules also remove outdated material relating to the introduction of the NV200 Taxi of Tomorrow in New York City. Also, the proposed rule change would amend the technical specifications for taxicabs regarding partitions in vehicles, such as the NV200 Taxi of Tomorrow, where the partition is specifically designed to not interfere with the deployment of an airbag.

I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:
i Is understandable and written in plain language for the discrete regulated community or communities;
ii Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and iii Does not provide a cure period because a cure period is not practicable under the circumstances.
/s/ Francisco X. Navarro Mayors Office of Operations
TLCs authority for these rules is found in section 2303 of the New York City Charter and section 19-503 of the New York City Administrative Code.

September 13, 2019
Date
Accessibility questions: 212 676-1135, by: Thursday, October 24, 2019, 5:00 P.M.

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Notice of Public Hearing and Opportunity to Comment on Proposed Rules What are we proposing? The Taxi and Limousine Commission TLC is proposing to amend its taxicab vehicle specifications for accessible vehicles that are placed into service as a taxicab, by allowing additional models to be used. In addition, accessible taxicabs may add an accessible taxi symbol to the roof light.
When and where is the hearing? TLC will hold a public hearing on the proposed rule. The public hearing will take place at 10:00 am on October 30, 2019. The hearing will be in the TLC hearing room at 33
Beaver St, 19th Floor, New York, NY 10004.
How do I comment on the proposed rules? Anyone can comment on the proposed rules by:

Website. You can submit comments to the TLC through the NYC rules website at http rules.cityofnewyork.us

Email. You can email comments to tlcrules@tlc.nyc.gov

Mail. You can mail comments to Taxi and Limousine Commission, Office of Legal Affairs, 33 Beaver St, 22nd Floor, New York, NY 10004

Fax. You can fax comments to the Taxi and Limousine Commission, Office of Legal Affairs, at 212-676-1102

By speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling 212-676-1135. You can also sign up in the hearing room before the hearing begins on October 30, 2019. You can speak for up to three minutes.

Is there a deadline to submit comments? You must submit written comments by October 30, 2019.
What if I need assistance to participate in the hearing?
You must tell the Office of Legal Affairs if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at 212-676-1135.
Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by October 24, 2019.
This location has the following accessibility options available: the TLC hearing room is wheelchair accessible and computer access realtime translation CART will be provided.
Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http rules.cityofnewyork.us/. A few days after the hearing, copies of all comments submitted online, copies of all written comments, and a transcript of the hearing will be available to the public at the Office of Legal Affairs.
What authorizes TLC to make this rule? Sections 1043 and 2303
of the City Charter and section 19-503 of the City Administrative Code authorize TLC to make this proposed rule. This proposed rule was not included in the Commissions regulatory agenda for this Fiscal Year because it was not contemplated when the Commission published the agenda.
Where can I find TLC rules? The Taxi and Limousine Commission rules are in title 35 of the Rules of the City of New York.
What laws govern the rulemaking process? TLC must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the City Charter.

New material is underlined.
Deleted material is in brackets.
Shall and must denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.
Section 1. The definitions of terms Accessible Official Taxicab Vehicle Accessible OTV, Official Taxicab Vehicle OTV, and Official Taxicab Vehicle Activation Date OTV Activation Date., as set forth in section 51-03 of Title 35 of the Rules of the City of New York are deleted, and the definition of term Taxicab Model is amended, to read as follows:
51-03 Definitions Accessible Official Taxicab Vehicle Accessible OTV is the OTV modified in a manner that is consistent with the Citys contract with Nissan North America.
Official Taxicab Vehicle OTV is the vehicle that is a purpose built taxicab for model years 2014 2024, manufactured pursuant to the Citys contract with Nissan North America. All references to OTV
include Accessible OTV unless otherwise specified.
Official Taxicab Vehicle Activation Date OTV Activation Date is September 1, 2015, the date on or after which the Official Taxicab Vehicle is required to be used in the Hackup of any Unrestricted Medallion unless otherwise provided in section 67 of these Rules.
Taxicab Model is the OTV, the Accessible OTV, or a Taxicab Candidate that has been verified by the Commission as complying with the standard specifications set forth in 67-05.1 or 67-05.2 of these Rules.
Section 2. Subparagraph vii of paragraph 6 of subdivision c of section 58-21 of Title 35 of the Rules of the City of New York is amended to read as follows:
vii Based on the index, the surcharge will be as follows:
UNTIL THE OTV ACTIVATION DATE:
When the Index is:

The surcharge will be:

$2.49 or less
$13 per shift or $78 per week
$2.50 to $2.99

$16 per shift or $96 per week
$3.00 to $3.49

$18 per shift or $108 per week
$3.50 to $3.99

$21 per shift or $126 per week
$4.00 to $4.49

$23 per shift or 138 per week
$4.50 to $4.99

$26 per shift or $156 per week
$5.00 or more
$28 per shift or $168 per week

ON AND AFTER THE OTV ACTIVATION DATE:
When the Index is:

The surcharge for Hybrid Electric and Diesel-Fueled taxicabs will be:

The surcharge for all other taxicabs will be
$2.49 or less
$13 per shift or $78 per week
$16 per shift or $96
per week
$2.50 to $2.99 $16 per shift or $96 per week
$19 per shift or $114
per week
$3.00 to $3.49 $18 per shift or $108 per week
$21 per shift or $126
per week