New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIII - NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Part 1160 - COMMERCIAL GROUND TRANSPORTATION RULES AND REGULATIONS FOR THE LANDSIDE TERMINAL OPERATIONS AT THE BUFFALO NIAGARA INTERNATIONAL AIRPORT
Section 1160.22 - Transportation network companies
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1160.22
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Operating agreement.
A TNC must obtain the NFTA"TMs permission to operate on the airport through the execution of an operating agreement. No TNC may pick-up or drop-off a TNC passenger without a valid operating agreement with the NFTA. TNC operator must pay the access fee established or changed by resolution of the NFTA members as set forth in section 1299-f of the Public Authorities Law.
(b) Operations.
(1) New York State
requirements and license. TNC operator must comply with article 44-B of the
Vehicle and Traffic Law (NY TNC requirements) at all times during any
operations on the airport. TNC operator must be properly licensed by the State
of New York and maintain the insurance as prescribed by the NY TNC requirements
and each TNC driver operating on the airports shall be permitted by TNC
operator and maintain the insurance as prescribed by the NY TNC requirements.
TNC operator shall be responsible to verify, monitor and track the insurance
that TNC drivers are required to maintain under NY TNC requirements. TNC
operator must comply with the criminal history background check requirements
prescribed by the NY TNC requirements.
(2) Designated areas. TNC operator and its
permitted TNC drivers, in common with others so authorized, may use on a
non-exclusive use basis the pick-up, drop-off and staging areas designated by
the NFTA from time to time for TNC permitted use and for no other
purpose.
(3) Geo-fence. TNC
operator shall demonstrate to the NFTA that TNC operator has established a
geo-fence for the airport(s) to manage its airport(s) operations and shall
notify permitted affiliated TNC drivers about the geo-fence. The geo-fence
shall be comprised of one or more polygons whose points are geographic
coordinates defined by the NFTA and on NFTA owned airport property. The
geo-fence will preclude or black-out a TNC driver"TMs ability to accept ride
requests while within the geo-fence boundaries, unless otherwise approved by
the authority. The geo-fence shall be fully functioning and operational on the
commencement date of TNC operator"TMs operating agreement and must remain fully
functioning and operational throughout the term of the operating
agreement.
(4) Trade dress. All TNC
vehicles operating on the airports must at all times display trade dress that
is clearly visible and identifying as prescribed in section
1696(5) of the Vehicle and
Traffic Law.
(5) TNC driver
identification. TNC operator must provide the NFTA with the unique identifier
for each TNC driver that operates on the airports. TNC drivers must have
available for inspection in digital format information that provides driver
identification with a color photo of the driver, vehicle make and model,
license plate number, certificates of insurance, electronic equivalent of a
waybill, and verification that TNC operator has issued the TNC driver a permit
in accordance with section
1696 of the Vehicle and Traffic
Law.
(6) Tracking TNC vehicles on
airport property. TNC operator must develop a vehicle tracking protocol based
on a geo-fence established by the NFTA and as may be required to interface with
the NFTA"TMs ground transportation support management system. TNC operator must
provide the necessary access and data to the NFTA or NFTA"TMs authorized ground
transportation support management vendor to implement NFTA"TMs ground
transportation management system. TNC operator may be required to enter into a
third party agreement with the NFTA"TMs ground transportation support
management vendor for the administration and enforcement of the NFTA"TMs ground
transportation rules and regulations.
(7) Tracking triggers. TNC vehicle drop-off
trips and pick-up trips must be tracked at various stages based on transaction
type and the applicable airport. For each transaction type, TNC operator shall
provide the transaction type, date, time, geographical location, TNC
identification, TNC driver unique identifier and vehicle license plate number.
TNC driver must maintain an open application at all times while on airport
property. The tracking triggers, include, but are not limited to ride
completion which occurs when the TNC driver completes a drop-off trip on
airport property by indicating on the digital network that the ride is complete
and a pick-up trip which occurs when the TNC driver pick-up a passenger on
airport property by indicating on the digital network that a passenger has been
picked-up.
(8) TNC driver
education. TNC operator must provide information to all TNC drivers regarding
the authorized use of the airport, the TNC designated areas for operations and
the TNC driver"TMs responsibilities for compliance with the NFTA"TMs ground
transportation rules and regulations and with NY TNC requirements. TNC operator
shall promptly notify TNC drivers of any and all violations thereof and
immediately notify the TNC driver to come into compliance.
(c) Reporting and recordkeeping.
(1) Monthly report.
Within 20 days after the close of any calendar month, TNC operator must submit
an operations report to the NFTA for the previous calendar month (monthly
report). The monthly report may be in an agreed upon electronic or paper format
as specified by the NFTA and must contain the total number of drop-off trips
and pick-up trips conducted for all of TNC vehicles associated with TNC
operator using either airport during the reporting period and must report
Buffalo Niagara International Airport and Niagara Falls International Airport
trips separately. Each airport may be shown in the same report, but each
airport"TMs trip count must be separately stated. Drop-off trips and pick-up
trips must be stated separately. The monthly report must include the TNC driver
identification number, TNC operator name, TNC vehicle license plate number,
timestamp, transaction type, longitude, latitude, date and time of each trip.
The NFTA reserves the right to require additional data to account for
technological changes and to ensure compliance with and to enforce the ground
transportation rules and regulations and other applicable laws and
regulations.
(2) The monthly report
must include a statement, attested to be an executive (of at least vice
president level) of TNC operator that systems, processes and procedures of TNC
operator have been fairly and accurately compiled, recorded, and transmitted,
in all material respects, the information referenced in paragraph (1) of this
subdivision as stated in the monthly report is fairly and accurately presented,
in all material respects, both the actual number of pick-up trips and drop-off
trips occurring at the airports in the period covered by the monthly report and
the amount of the access fees TNC operator was required to remit to the NFTA on
account of such trips. Payment of the access fees shall be made as set forth in
the operating agreement.
(3) Books
and records. TNC operator must maintain and make available, in either
electronic or physical form, to the NFTA accurate and detailed books and
accounting records reflecting TNC operator"TMs operations at the airport. TNC
operator shall use either reasonable efforts to work towards maintaining such
books and records in accordance with generally accepted accounting principles
(GAAP), or shall actually maintain in accordance with GAAP.
(4) Audit. Upon the NFTA"TMs prior written
request, which shall not occur more than once per calendar year, TNC operator
shall permit the NFTA to audit and examine such books and records relating to
its operations at the airport. TNC operator will permit the NFTA, during its
audit, to make reasonable excerpts and transcripts from such books and records,
and to make audits of all invoices, materials, records and other data related
to the operations authorized under these ground transportation rules and
regulations. TNC operator shall maintain such data and records for a period of
not less than six years from the expiration of its operating agreement or the
last date of operations at the airports, whichever is later. Should any
examination, inspection and audit of TNC operator"TMs books and records by the
NFTA disclose an underpayment by TNC operator of the access fees due, TNC
operator shall promptly pay the NFTA the amount of such underpayment. If said
underpayment exceeds five percent of the consideration due, TNC operator shall
reimburse the NFTA for all reasonable costs incurred in the conduct of such
examination, inspection and audit.
(5) Insurance. TNC operator and all TNC
drivers, in addition to the requirements set forth in this section, shall at
all times comply with sections
1693 and
1695 of the Vehicle and Traffic Law and all
other applicable laws, rules and regulations prescribing insurance requirements
in the conduct of its operations under this agreement. TNC operator shall be
responsible to verify, monitor and track the insurance that TNC drivers are
required to maintain under section
1693 of the Vehicle and Traffic Law. TNC
operator shall procure and maintain, at its sole cost and expense insurance of
the kind and in the amount hereinafter provided, by financially responsible and
qualified companies eligible to do business in the State of New York, or New
York Department of Insurance approved eligible surplus lines insurer, covering
all operations on the airports (including those of TNC drivers). TNC operator
shall provide a certificate of insurance to the NFTA naming the NFTA as an
additional insured, via blanket endorsement, in a form acceptable to the NFTA,
showing that TNC operator has complied with the obligations of this section and
sections
1693 and
1695 of the Vehicle and Traffic Law. The
certificate of insurance shall provide an obligation that the insurer provide
the airport authority with at least 30 days prior written notice of
cancellation. The following insurance coverages are required to be provided by
TNC operator:
(i) Commercial automobile
liability insurance with limits of not less than $1,250,000 for each accident
for third party bodily injury and property damage. This coverage applies to TNC
vehicles operated by TNC drivers while:
(a)
the TNC driver is located on the airports during the course of providing an
accepted trip including the picking-up and dropping-off of
passenger(s);
(b) the TNC driver is
located on the airports immediately following the conclusion of a requested
trip and while in the course of exiting the airports; and
(c) the TNC driver has logged into the
digital network controlled by TNC operator and is available to receive requests
for transportation services from passengers using the digital network TNC the
TNC driver is located on the airport premises.
(ii) Commercial general liability insurance
of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate,
insuring TNC operator from liability from bodily injury (including wrongful
death), personal injury, and damage to property resulting from the performance
of this agreement by TNC operator.
(iii) Workers' compensation and employer's
liability as may be prescribed by the laws of the State of New York.
(iv) All TNC vehicles must be included under
TNC operator"TMs commercial automobile liability policy or covered by a blanket
coverage form or endorsement in accordance with the Vehicle and Traffic
Law.
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