Sec. 1160.22. Transportation network companies

(a) Operating agreement.

A TNC must obtain the NFTA’s 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’s 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’s 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’s ground transportation support management system. TNC operator must provide the necessary access and data to the NFTA or NFTA’s authorized ground transportation support management vendor to implement NFTA’s ground transportation management system. TNC operator may be required to enter into a third party agreement with the NFTA’s ground transportation support management vendor for the administration and enforcement of the NFTA’s 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’s responsibilities for compliance with the NFTA’s 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’s 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’s 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’s 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’s 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’s commercial automobile liability policy or covered by a blanket coverage form or endorsement in accordance with the Vehicle and Traffic Law.