§ 18-c. Independent livery bases. 1. For purposes of this section,\n"covered services," "livery," "livery driver," "livery registrant,"\n"livery base," "local taxi and limousine commission" and "responsible\nperson" shall have the meanings set forth in article six-G of the\nexecutive law.\n 2. The board shall designate a livery base as an independent livery\nbase, only if the base meets each of the following criteria:\n (a) The base submits an affirmation sworn under penalty of perjury by\nan officer or director and such other individuals as the chair may\ndirect, on such form as is provided by the board, which attests to the\ntruth of such criteria as are set by the chair by regulation, or in the\nabsence of such regulation attests to the truth of the following: (i)\nthe base is not, directly or indirectly, including through any director\nor officer, the owner or registrant of any livery dispatched by the\nbase; (ii) all livery drivers dispatched by the base provide and select\ntheir own clothing; (iii) all livery drivers dispatched by the base set\ntheir own hours and days of work; (iv) all livery drivers choose which\ndispatches or fares to accept, and no livery driver suffers any\nconsequence by the livery base for failing to respond to its dispatch;\n(v) livery drivers dispatched by the base may enter into a contractual\nrelationship with one or more other bases; (vi) no livery driver\ndispatched by the base receives an internal revenue service form W-2\nfrom such base, or is subject to the withholding of any federal income\ntaxes by the base; (vii) the base does not pay for the fuel or\nmaintenance of any liveries; (viii) the base does not impose any fines\nand penalties on any livery drivers, except that it may decline to\nprovide further dispatches for misconduct during any dispatch; and (ix)\nno livery driver is subject to being fired or discharged by the livery\nbase. The base shall agree to provide the board with immediate notice of\nany inaccuracies in the affirmation, including any failure to adhere to\nany of the matters set forth on its affirmation.\n (b) The board shall alter the criteria set forth in paragraph (a) of\nthis subdivision to conform to any statutory definition for employer or\nindependent contractor applicable to livery drivers.\n (c) The livery shall provide the board and local taxi and limousine\ncommission, and all livery registrants or drivers whose liveries may be\ndispatched by the livery base, with a copy of a written policy in plain\nlanguage, in the primary language spoken by each registrant or driver,\nsetting forth all matters to which it has attested on the affirmation\nprovided for in paragraph (a) of this subdivision. The failure to\ndistribute such a policy shall not have any legal consequence except in\naccordance with section one hundred sixty-hhh of the executive law.\n (d) The base shall pay into the independent livery fund such payments\nas are directed by the independent livery driver benefit fund pursuant\nto article six-G of the executive law.\n (e) The base may not owe any payments into the fund established under\nsection twenty-six-a of this article, or otherwise owe any moneys under\nthis chapter, unless it has an agreement with the board to repay the\nmoney owed, or to relieve it of the obligation to make any such\npayments.\n (f) The base shall maintain such records as are provided for by\nregulation of the chair.\n (g) The base shall permit the local taxi and limousine commission, the\nindependent livery fund and any carrier providing compensation under\nthis title for the independent livery fund to audit its books and\nrecords during regular business hours solely as necessary to determine\ncompliance with this section, or to determine the amount owed to the\nfund.\n (h) No responsible persons of the livery base may have been a\nresponsible person of a base whose status as an independent livery base\nwas revoked within the previous five years, or which has no
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