FAQ for TNC Local Governments
Can local governments opt out of the TNC legislation?
Yes. First, it’s important to remember that the TNC legislation itself excludes New York City, which means a company cannot operate as a TNC in New York City unless authorized by the New York City Taxi & Limousine Commission www.nyc.gov/taxi. Also, the TNC Act authorizes any county, or a city having a population of over 100,000, to prohibit the pick-up of a person by a TNC within the bounds of the jurisdiction. DMV will post any jurisdictions that have opted out on this page. None have opted out as of this time.
Can a county, or city having a population over 100,000 people, that opts out of the TNC legislation prohibit a licensed TNC from dropping off passengers picked up elsewhere?
No. The opt-out authority is limited to prohibiting a TNC from picking up a passenger in the jurisdiction opting out.
How does a local government notify DMV that it opted out of the TNC sector?
By law, any county or city over 100,000 prohibiting TNC pick-ups must notify DMV so that DMV may maintain a public list of such jurisdictions. To notify DMV, the county or city must mail a certified copy of the local law to the DMV at:
6 Empire State Plaza
PO Box 2603
Albany, NY 12220-0603
If a local government opts out, can it establish its own laws to authorize TNC operation?
No. Only a state law may authorize TNC operation. A locality prohibiting TNC pick-ups may only authorize and regulate for-hire operation as has traditionally been done in the context of taxi and limousine operations (e.g., drivers must hold a class E license, vehicles must be registered and plated at DMV for “for-hire” use, and for-hire insurance must be maintained).
Can a local government tax TNC trips?
No. The TNC Act establishes a 4% state assessment on TNC fares, and precludes counties, towns, cities and villages from imposing a separate tax, fee or surcharge on a TNC, TNC driver, TNC vehicle or TNC trip.
Is there some special rule about local governments having oversight of an airport?
Yes, the TNC Act provides as follows: “Nothing in this article shall be construed to limit the ability of a municipality or other governing authority that owns or operates an airport located outside of a city with a population of one million or more from adopting regulations and entering into contracts or other agreements relating to the duties and responsibilities on airport property of a transportation network company, which may include the imposition and payment of reasonable fees, provided that any such contracts, agreements, or regulations shall not impose any license or other operational requirement on a transportation network company driver or transportation network company vehicle that is inconsistent with or additional to the requirements of this article.”