Sec. 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 p.m. of June 29, 2018, in accordance with criteria set forth in section 1696 of article 44-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 prearranged 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.