N.Y. Comp. Codes R. & Regs. tit. 12 § 319.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 319.3 - Scope of Coverage

(a) For purposes of the administration of article 6-F of the Executive Law, a "Black car operator" shall include:

(1) any TNC driver that is engaged in a TNC prearranged trip and

(2) any TNC driver that is logged onto a TNC digital network and is not engaged in a TNC prearranged trip, provided:

(i) the TNC driver was permitted by the TNC on or before 11:59 PM of June 29, 2018, in accordance with criteria set forth in section 1696 of article forty-four-B of the vehicle and traffic law; and

(ii) at the time of the event giving rise to a claim for benefits from the New York Black Car Operators' Injury Compensation Fund, the TNC driver was engaged in an activity reasonably related to driving as a TNC driver taking into consideration the time, place and manner of such activity.

(b) For the purposes of this section, the time and date that a TNC driver is considered permitted shall be the earlier of:

(1) the date maintained in the TNC's records,

(2) the postmark date when the permit was mailed,

(3) the date the permit was electronically transmitted, or (4) the date stamp provided to a TNC driver at the time of permitting.

(c) To determine whether a Black car operator, as defined pursuant to paragraph (b) of subdivision one of section 160-cc of the executive law, is engaged in an activity reasonably related to driving as a TNC driver, consideration by the board may include, but not be limited to, the following:

(1) Whether the TNC driver is in or near the TNC vehicle at the time of injury;

(2) Whether the injury occurred while actively seeking a TNC prear-ranged trip or immediately after a TNC prearranged trip; and

(3) The distance between the site of the accident and the TNC passenger drop-off location.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 319.3

Adopted New York State Register August 30, 2017/Volume XXXIX, Issue 35, eff. 8/30/2017