N.Y. Vehicle and Traffic Law 1700 – Controlling authority
§ 1700. Controlling authority. 1. Notwithstanding any other provision of law, the regulation of TNCs and TNC drivers is governed exclusively by the provisions of the chapter of the laws of two thousand seventeen which added this section and any rules promulgated by the state through its agencies consistent with such chapter. No county, town, city or village may enact a tax or any fee or other surcharge on a TNC, a TNC driver, or a TNC vehicle used by a TNC driver or require a license, permit, or additional insurance coverage or any other limitations or restrictions, except for a prohibition on pick-up pursuant to § 182 of the general municipal law, for a TNC, a TNC driver, or a TNC vehicle used by a TNC driver, where such fee, surcharge, unauthorized tax, license, permit, insurance coverage, limitation or restriction, relates to facilitating or providing TNC prearranged trips, or subjects a TNC, a TNC driver, or a TNC vehicle used by a TNC driver to operational, or other requirements.
Terms Used In N.Y. Vehicle and Traffic Law 1700
- passenger: means a person or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides TNC prearranged trips to the passenger in the TNC vehicle between points chosen by the passenger. See N.Y. Vehicle and Traffic Law 1691
- TNC: means a person, corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and is operating in New York state exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide TNC prearranged trips. See N.Y. Vehicle and Traffic Law 1691
- TNC driver: means an individual who:
(a) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(b) Uses a TNC vehicle to offer or provide a TNC prearranged trip to transportation network company passengers upon connection through a digital network controlled by a transportation network company in exchange for compensation or payment of a fee. See N.Y. Vehicle and Traffic Law 1691 - TNC vehicle: means a vehicle that is:
(a) used by a transportation network company driver to provide a TNC prearranged trip originating within the state of New York; and
(b) owned, leased or otherwise authorized for use by the transportation network company driver;
(c) such term shall not include:
(i) a taxicab, as defined in section one hundred forty-eight-a of this chapter and section 19-502 of the administrative code of the city of New York, or as otherwise defined in local law;
(ii) a livery vehicle, as defined in section one hundred twenty-one-e of this chapter, or as otherwise defined in local law;
(iii) a black car, limousine, or luxury limousine, as defined in section 19-502 of the administrative code of the city of New York, or as otherwise defined in local law;
(iv) a for-hire vehicle, as defined in section 19-502 of the administrative code of the city of New York, or as otherwise defined in local law;
(v) a bus, as defined in section one hundred four of this chapter;
(vi) any motor vehicle weighing more than six thousand five hundred pounds unloaded;
(vii) any motor vehicle having a seating capacity of more than seven passengers; and
(viii) any motor vehicle subject to section three hundred seventy of this chapter. See N.Y. Vehicle and Traffic Law 1691 - trip: means the provision of transportation by a transportation network company driver to a passenger provided through the use of a TNC's digital network:
(i) beginning when a transportation network company driver accepts a passenger's request for a trip through a digital network controlled by a transportation network company;
(ii) continuing while the transportation network company driver transports the requesting passenger in a TNC vehicle; and
(iii) ending when the last requesting passenger departs from the TNC vehicle. See N.Y. Vehicle and Traffic Law 1691
2. Nothing in this article shall authorize any TNC driver to pick-up a passenger for purposes of a TNC prearranged trip in a city with a population of one million or more or where a county or city has opted to prohibit the same pursuant to authority consistent with § 182 of the general municipal law, except where the acceptance of a prearranged trip is authorized pursuant to an existing reciprocity agreement.
3. Nothing in this article shall: (a) limit the ability of a county, town, city or village to adopt or amend generally applicable limitations or restrictions relating to local traffic or parking control as authorized by state law; or (b) preempt any reciprocity agreements, including agreements entered into pursuant to section four hundred ninety-eight of this chapter, between a county, town, city or village that relates to services regulated by § 181 of the general municipal law.
4. Nothing in this article shall be construed to limit the ability of a municipality or other governing authority that owns or operates an airport located outside of a city with a population of one million or more from adopting regulations and entering into contracts or other agreements relating to the duties and responsibilities on airport property of a transportation network company, which may include the imposition and payment of reasonable fees, provided that any such contracts, agreements, or regulations shall not impose any license or other operational requirement on a transportation network company driver or transportation network company vehicle that is inconsistent with or additional to the requirements of this article.