N.Y.
Executive Law Section 160-CC
Definitions
1.
“Black car operator” means the registered owner of a for-hire vehicle, or a driver designated by such registered owner to operate the registered owner’s for-hire vehicle as the registered owner’s authorized designee, whose injury arose out of and in the course of providing covered services to a central dispatch facility that is a registered member of the New York black car operators’ injury compensation fund, inc.(a)
For the purposes of the administration of this article, a black car operator shall include a TNC driver that is engaged in a TNC prearranged trip. For the purposes of this article, the terms “TNC driver”, “TNC prearranged trip” and “digital network” shall have the same meanings as such terms are defined in article forty-four-B of the vehicle and traffic law.(b)
For the purposes of the administration of this article, a black car operator shall include a TNC driver that is logged onto a TNC digital network and is not engaged in a TNC prearranged trip but is engaged in an activity reasonably related to driving as a TNC driver taking into consideration the time, place and manner of such activity.2.
“Board” means the workers’ compensation board.3.
“Central dispatch facility” means a central facility, wherever located, including a transportation network company, that (a) dispatches the registered owners of for-hire vehicles, or drivers acting as the designated agent of such registered owners, to both pick-up and discharge passengers in the state, and(b)
has certified to the satisfaction of the department of state that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger; provided, however, that a central dispatch facility shall not include any such central facility that owns fifty percent or more of the cars it dispatches. For the purposes of administration of this article, central dispatch facility shall include TNC prearranged trip as defined in article forty-four-B of the vehicle and traffic law.4.
“Covered services” means, with respect to dispatches from or by a central dispatch facility located in the state, all dispatches from such central dispatch facility regardless of where the pick-up or discharge occurs, and, with respect to dispatches from or by a central dispatch facility located outside the state, all dispatches involving a pick-up in the state, regardless of where the discharge occurs.5.
“Department” means the department of state.6.
“Fund” means the New York black car operators’ injury compensation fund, inc.7.
“Fund liability date” means the earlier of:(a)
the date as of which the board first approves the fund’s application to self-insure pursuant to subdivision two of § 160-II (Securing of compensation)section one hundred sixty-ii of this article, or(b)
the date on which coverage commences under the initial insurance policy purchased by the fund pursuant to subdivision three of § 160-II (Securing of compensation)section one hundred sixty-ii of this article.8.
“Local licensing authority” means the governmental agency in the state, if any, that is authorized to license a central dispatch facility.9.
“Secretary” means the secretary of state.10.
“Transportation network company” or “TNC” shall have the same meaning as the term is defined in article forty-four-B of the vehicle and traffic law.
Source:
Section 160-CC — Definitions, https://www.nysenate.gov/legislation/laws/EXC/160-CC (updated Jul. 13, 2018; accessed Dec. 21, 2024).
