With the exception of the pending cancellations listed below, the attached contains a list of Livery Bases that are current in their payments and are active as members of the Livery Fund as of May 6, 2019
Multiple Livery Bases that have failed to pay their premiums to Hereford Insurance Company, the carrier for the NYILDBF, or are non-compliant with the Fund's reporting requirements. For those bases that did not issue payment by 4/15/19, their membership was cancelled effective April 15, 2019. Notice of payments due (or notice of failure to comply with the necessary reporting requirements) and cancellations were sent to these Bases in accordance with the law. Unless these Bases pay their premiums immediately, they will be subject to severe penalties and governmental action. These Bases will be subject to stop work orders issued by the Worker's Compensation Law and suspension of their Base license by the NYC Taxi and Limousine Commission. Additionally, uninsured Bases will be subject to penalties imposed by the Workers' Compensation Board as per Section 160-hhh(f) of the Executive Law.
Additionally, a number of Livery Bases in Westchester and Nassau County have failed to comply with the reporting requirements of the NYILDBF. Notice of non-compliance was sent in accordance with the law. All Livery Bases in Westchester and Nassau County must submit a copy of their registrations for all vehicles affiliated and/or dispatched by the base. Unless these Bases comply with the necessary reporting requirements, they will be in violation of the law. These Bases will be subject to stop work orders issued by the Worker's Compensation Law and suspension of their Base license by the NYC Taxi and Limousine Commission. Additionally, uninsured Bases will be subject to penalties imposed by the Workers' Compensation Board as per Section 160-hhh(f) of the Executive Law.
Penalties for Failure to Comply with the Law
Section 160-hhh(4) of the New York State Executive Law, Article 6-G provides the following penalties for failure of an Independent Livery Base to timely pay its insurance premiums:
If an independent livery base fails to submit to the independent livery driver benefit fund any required charge, the workers' compensation board or local taxi and limousine commission may order that it pay into the fund, upon application of the fund and following notice to the independent livery base
the amount overdue plus interest on such amount, and/or
a penalty of up to five hundred dollars for each thirty days after notice is given that the payment is overdue. The workers' compensation board or local taxi and limousine commission may suspend or revoke such livery base's authorization to act as an independent livery base for failure to make such payment.The rate of interest applicable to this subdivision shall be twelve percent per annum. Any monetary penalty imposed pursuant to this subdivision shall be retained by the workers' compensation board and be used to defray the costs of administering this article.
Sectionn 160-hhh(d) of the New York State Executive Law, Article 6-G provides the following penalties for failure of an Independent Livery Base to timely pay its insurance premiums:
The responsible persons of an independent livery base shall be personally liable for the amount of any monetary penalties awarded pursuant to this subdivision. "Responsible persons," for purposes of this subdivision, shall be:
the directors of a livery base that is a corporation;
the managers of a livery base that is a limited liability company or its members if management of a livery base is vested in its members;
the general partner or partners of a livery base that is a partnership;
all individuals who directly or indirectly own, control or hold the power to vote ten percent or more of the voting interests of any corporation, joint stock company, partnership, association, trust, limited liability company or similar entity that manages a livery base; and
the president, secretary and treasurer of a livery base, regardless of its form of organization.