This rule is intended to implement section 19-533 of the Administrative Code of the City of New York, as enacted by Local Law 72 of 2005. That law requires that the Taxi and Limousine Commission (“TLC”) approve one or more hybrid electric vehicle models for use as taxicabs.

The TLC recognizes the great importance of hybrid electric vehicle technology, as described in section 1 of Local Law 72 of 2005. The benefits of hybrid electric vehicle technology include economic, because of the recent escalation in the retail price of gasoline; environmental, because of the pollutants created by comparatively low-mileage gasoline-burning vehicles; and public health, because of the adverse consequences of those pollutants.

TLC Commissioners and TLC staff extensively reviewed available hybrid electric vehicle models with four or more doors, culminating in an on-site inspection of samples of those models on July 26, 2005. None of the hybrid electric vehicle models available for sale to consumers in the United States complies with all of the taxicab vehicle specifications stated in chapter 3 of the TLC’s rules (title 35, Rules of the City of New York). Non-compliances include passenger and driver comfort specifications, most importantly legroom; safety specifications, such as untinted windows and maximum horsepower; and durability specifications such as heavy-duty construction. Existing specifications must be modified to comply with the mandate of Local Law 72 of 2005. Therefore, realization of the economic, environmental, and public health benefits of hybrid electric technology requires tradeoffs with the other interests served by the TLC’s vehicle specifications.

TLC staff identified only six hybrid electric vehicle models with four doors or more that are available on the consumer market in the United States: the Ford Escape/Mercury Mariner, the Honda Accord, the Honda Civic, the Lexus RX400H, the Toyota Highlander, and the Toyota Prius. The rule permits the hack-up of any of these six models. TLC staff research indicates that the number of available hybrid electric vehicle models will likely double in the 2007 model year.

TLC staff will monitor the implementation of this rule and recommend any amendments that might be warranted by experience with those vehicles in actual taxicab usage.

The final rule differs from the proposed rule in that section 3-03.1(c)(ii) was revised based upon consideration of a public comment.

Section 1. It is hereby proposed that title 35, chapter 3, of the Rules of the City of New York, be amended to add the following new section as follows:

[Brackets indicate deleted material].
Underscoring indicates new material.

§ 3-03.1 Hybrid Electric Taxicab Specifications.

(a) The purpose of this section is to implement section 19-533 of the Administrative Code, as enacted by local law 72 of 2005.

(b) As used in this section, the term “hybrid electric vehicle” shall mean a commercially available mass production vehicle originally equipped by the manufacturer with a combustion engine system together with an electric propulsion system that operates in an integrated manner.

(c) Any hybrid electric vehicle manufactured for the general consumer market shall be approved for hack-up, as that term is defined in section 3-01(a) of this chapter, provided that such vehicle is presented for hack-up on or after the effective date of this rule, and provided that such vehicle meets all requirements for vehicle hack-up except the following:

(d) Notwithstanding the provisions of section 3-02 of this chapter, the retirement date for a hybrid electric vehicle hacked up pursuant to this section shall be determined as follows: