N.Y. Comp. Codes R. & Regs. tit. 12 § 309.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 309.1 - Definitions

As used in this Part:

(a) Board means the Workers' Compensation Board, except as pursuant to Workers' Compensation Law, the decision of the board in particular cases may be by a member or panel of the board or by a Workers' Compensation Law judge.

(b) Chair means the chairman, chairwoman or chair of the Workers' Compensation Board.

(c) Covered services means all dispatches from a livery base regardless of where the pick-up or discharge occurs, but does not under any circumstances include street hails.

(d) Crime means a misdemeanor or felony as those terms are defined in Penal Law, section 10.00 and violations, misdemeanors and felonies as provided in Vehicle and Traffic Law, section 1193 for violating Vehicle and Traffic Law, section 1192, unless committed by the livery driver. Crime does not include violations of the Vehicle and Traffic Law and misdemeanors or felonies resulting from or in a motor vehicle accident, except as provided in the preceding sentence.

(e) Fund means the Independent Livery Driver Benefit Fund as established by Executive Law, article 6-G.

(f) Governing taxi and limousine commission means the taxi and limousine commission which licenses the livery base or livery driver or regulates the registration of liveries and is either the taxi and limousine commission of New York City, Nassau County or Westchester County or a municipality of Nassau County.

(g) Independent livery base means a livery base that meets the criteria set forth in Workers' Compensation Law, section 18-c and section 309.2 of this Part.

(h) Independent livery driver means a livery driver that is dispatched by an independent livery base.

(i) Livery means a for-hire vehicle licensed by the taxi and limousine commission of New York City or Westchester County or licensed by a municipality of Nassau County and registered with Nassau County, carrying no more than five passengers or such other vehicle limited number as set by the governing taxi and limousine commission, which charges for services on the basis of flat rate, time, mileage or zones and which is dispatched by a livery dispatch facility, but shall not include a vehicle classified as a black car, as defined in Executive Law, article 6-F, or a vehicle classified as a luxury limousine, as defined by the taxi and limousine commission of New York City or Westchester County or licensed by a municipality of Nassau County and registered with Nassau County.

(j) Livery base means a central facility that manages, organizes or dispatches liveries, and is licensed to do so by the taxi and limousine commission of New York City or Westchester County or is located in Nassau County and is not a member of the New York Black Car Operators' Injury Compensation Fund, Inc.

(k) Livery driver means an individual that drives a livery, is dispatched by a livery base, receives compensation for such driving, and is licensed to do so by the taxi and limousine commission of New York City, Nassau County or Westchester County or a municipality of Nassau County.

(l) New York State average weekly wage shall have the same meaning as provided in Workers' Compensation Law, section 2(16).

N.Y. Comp. Codes R. & Regs. Tit. 12 § 309.1