The bill would make the unlicensed operation of any vehicle as a commuter van punishable by a fine of $1,000-$2,000, imprisonment of up to 60 days, or both. In addition, the bill would set the minimum civil penalty for a first violation involving the operation of a commuter van to $1,000. Currently, the maximum penalty is $1,000, with no minimum. The civil penalty for a violation involving the operation of a commuter van service without the required authorizations or license would be raised from a range $500-$1,000 to $1,000-$3,000 for a first offense and $1,000-$2,500 to $2,000-$4,000 for subsequent offenses within two years.
- Enacted
History
Affirmative
- Inez D. Barron
- Joseph C. Borelli
- James G. Van Bramer
- Fernando Cabrera
- Margaret S. Chin
- Andrew Cohen
- Costa G. Constantinides
- Robert E. Cornegy, Jr.
- Elizabeth S. Crowley
- Laurie A. Cumbo
- Chaim M. Deutsch
- Daniel Dromm
- Rafael L. Espinal, Jr.
- Mathieu Eugene
- Julissa Ferreras-Copeland
- Daniel R. Garodnick
- Vincent J. Gentile
- Vanessa L. Gibson
- David G. Greenfield
- Barry S. Grodenchik
- Corey D. Johnson
- Ben Kallos
- Andy L. King
- Peter A. Koo
- Karen Koslowitz
- Rory I. Lancman
- Brad S. Lander
- Stephen T. Levin
- Mark Levine
- Alan N. Maisel
- Melissa Mark-Viverito
- Steven Matteo
- Darlene Mealy
- Carlos Menchaca
- Rosie Mendez
- I. Daneek Miller
- Donovan J. Richards
- Ydanis A. Rodriguez
- Helen K. Rosenthal
- Rafael Salamanca, Jr.
- Ritchie J. Torres
- Mark Treyger
- Eric A. Ulrich
- James Vacca
- Paul A. Vallone
- Jumaane D. Williams
Medical
Affirmative
Medical
Int. No. 861-A
By Council Members Miller, Lancman, Koo, Williams, Richards, Menchaca, Ferreras-Copeland, Cornegy, Kallos, Reynoso, Levine, Vacca, Chin, Levin, Crowley and Barron
A Local Law to amend the administrative code of the city of New York, in relation to the unlicensed operation of any vehicle as a commuter van and to increasing certain penalties applicable to operators of commuter vans
Be it enacted by the Council as follows:
Section 1. Paragraph 1 of subdivision b of section 19-506 of the administrative code of the city of New York, as amended by local law number 32 for the year 2012, is amended to read as follows:
1. Except as provided in paragraph 2 of this subdivision, any person who shall permit another to operate or who shall knowingly operate or offer to operate for hire any vehicle as a taxicab, coach, wheelchair accessible van, commuter van, HAIL vehicle or for-hire vehicle in the city, without first having obtained or knowing that another has obtained a license for such vehicle pursuant to the provisions of section 19-504 of this chapter, shall be guilty of a violation, and upon conviction in the criminal court shall be punished by a fine of not less than one thousand dollars or more than two thousand dollars or imprisonment for not more than sixty days, or both such fine and imprisonment. This paragraph shall apply to the owner of such vehicle and, if different, to the operator of such vehicle.
§ 2. Paragraph 1 of subdivision i of section 19-506 of the administrative code of the city of New York, as added by local law number 115 for the year 1993, is amended to read as follows:
(1) Notwithstanding any inconsistent provision of this chapter, any person who violates any provision of this chapter or any rule promulgated hereunder applicable to commuter van services, commuter vans or drivers of commuter vans shall be subject to a civil penalty in an amount to be prescribed by the commission by rule for specific violations which amount shall [not exceed] be one thousand dollars for a first violation and twenty-five hundred dollars for a second and subsequent violation committed within two years of a first violation. Where such violation involves the operation of a commuter van service without the authorization required by this chapter, the operation of a commuter van without the license required by this chapter or the operation of a commuter van that is not pursuant to a current, valid authorization to operate a commuter van service, such person shall be liable for a civil penalty of not less than [five hundred] one thousand dollars and not more than [one] three thousand dollars, and for a subsequent violation committed within two years of the first violation, such person shall be liable for a civil penalty of not less than [one] two thousand dollars and not more than [twenty-five hundred] four thousand dollars.
§ 2. This local law takes effect 90 days after it becomes law.
KET 1/10/17 5:25PM
LS 3614/2014