§ 123.30. Jurisdiction, powers and duties.

a.

The jurisdiction, powers and duties of the commission shall be established within six months of the effective date of this chapter and shall include the regulation and supervision of the business and industry of transportation of persons by licensed vehicles for hire in the county, pursuant to the provisions of this chapter.

b.

Such regulation and supervision may extend to:

1.

The regulation and supervision of rates of fare to be charged and collected.

2.

The regulation and supervision of standards and conditions of service.

3.

The revocation and suspension of licenses for vehicles, other than licenses issued pursuant to state law; provided, however, that taxicab licenses represented by medallions heretofore issued shall in all respects remain valid in accordance with their terms and transferable according to law.

4.

Taxicab licenses represented by medallions which have heretofore been surrendered are hereby revoked. Additional taxicab licenses may be issued from time to time only upon the enactment of a local law providing therefor. Any nontransferable licenses shall be deemed revoked upon the surrender by or death of the holder thereof.

5.

The issuance, revocation, suspension of licenses for drivers, chauffeurs, owners or operators of vehicles, other than licenses issued pursuant to state law, and for taxicab brokers and the establishment of qualifying standards required for such licenses.

6.

Requirements of standards of safety and design, comfort, convenience, noise and air pollution control and efficiency in the operation of vehicles and auxiliary equipment.

7.

Requirements for the maintenance of financial responsibility, insurance and minimum coverage.

8.

The establishment of, and the requirement of adherence to, uniform system of accounts, with the right of the commission to inspect books and records and to require the submission of such reports as the commission may determine.

9.

The development and effectuation of a broad public policy of transportation affected by this chapter as it relates to forms of public transportation in the county, including innovation and experimentation in relation to type and design of equipment, modes of service and manner of operation, which for limited purposes and limited periods of time may depart from the requirements otherwise established for licensed vehicles pursuant to this chapter.

10.

Assistance to the business and industry of public transportation affected by this chapter in aid of the continuation, development and improvement of service and the safety and convenience of the public, including assistance in securing federal and state grants.

11.

The formulation, promulgation and effectuation of rules and regulations reasonably designed to carry out the purposes, terms and provisions of this chapter.

c.

The commission or an administrative tribunal which may be established by the commission to adjudicate charges of violation of provisions of the administrative code and rules and regulations promulgated thereunder shall have the power to enforce its decisions and orders imposing civil penalties, not to exceed $10,000.00 for each respondent, for violations relating to unlicensed vehicles for hire and unlicensed drivers of vehicles for hire as if they were money judgments, without court proceedings, in the following manner: Any such decision or order of the commission or administrative tribunal imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered by the commission or a administrative tribunal which may be entered in the County Court of the County of Westchester or any other place provided for the entry of civil judgments within the state. Before a judgment based upon a default may be so entered the commission or administrative tribunal shall have first notified the respondent by first class mail in such form as the commission may direct of the default and order and the penalty imposed; that a judgment will be entered in the County Court of the County of Westchester or any other place provided by law for the entry of civil judgments within the State of New York; and that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of the commission or administrative tribunal within 30 days of the mailing of such notice. The commission or tribunal shall not enter any decision or order pursuant to this subsection unless the notice of violation shall have been served in the same manner as is prescribed for service of process by Article 3 of the Civil Practice Law and Rules or Article 3 of the Business Corporation Law; except that, with respect to any notice of violation which alleges the operation of an unlicensed vehicle for hire, the operator of such vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive such notice of violation, and service made pursuant to this subdivision on such operator shall also be deemed to be lawful service upon such owner.

(Added by L.L. No. 16-1993)