Creates a black box tax credit

Summary of provisions

Section 1. Adds new Article 12-D to the vehicle and Traffic Law entitled The Livery and Taxi Safety Act.

Section article 12-d

THE LIVERY AND TAXI SAFETY ACT

399-p Short Title: The Livery and Taxi Safety Act

399-q Defines "Black. Box" as a device that includes one or more of the following:

* Video Event Data Recorder, defined as a device which records an event (such as a collision) and provides data about that event (i.e. speed, direction of travel);

* Real time tracking using a Global positioning System (GPS); and,

* Advanced Driver Assistance Systems that provide the driver with notification of events such as speeding, lane departure, distance between vehicles and potential for collision. Creates the Council on Livery and Taxi Safety, the purpose of which is to assist the commissioner of Motor Vehicles in properly classifying and promulgating regulations for the installation of "Black Boxes" in taxi cabs and livery.

399-r Defines eligibility for the black box credit as any tax payer who provides a taxicab service as defined by § 148-a or provides a livery service per § 121-e of the vehicle and Traffic Law and eligibility for a reduction in insurance premiums as provided for in paragraph (i) of §2336 of the insurance law based on the same criteria.

399-s The Commission includes the following:

* Seven members, one upon recommendation by each of the leaders and three by the Governor (including the Chair);

* Appointees have to be knowledgeable of the technology encompassing the black box devices as well as of safety issues related to taxi and livery services;

* Purpose of the Council is to work with the Commissioner to develop regulations and standards for the black box devices;

* Members work without pay but are reimbursed for expenses;

* Must report to the Commissioner of Transportation within 90 days of the first meeting;

* Commissioner must initiate implementation of the recommendations of the members of the council within 90 days or justify the reason for not doing so;

* Upon disposition of the recommendations of the Council, the Commissioner of Transportation is responsible for determining which devices qualify for the black box tax credit, installation standards and the registration of such devices; and,

* The Council shall meet a least once every two years after the Commissioner takes action upon its recommendations.

Section 2. Black Box Tax Credit. Defines the tax credit by amending Article 1 of the Tax Law to add a new section 35, which is the Black Box Tax Credit. The credit applies to the personal income tax (article 22) and the business franchise tax (article 9-a). The amount of the credit is 20 percent of the cost for the purchase and installation of a black box with a maximum amount of one thousand dollars per device.

Section 3. Provides for a non-refundable tax credit against the business franchise tax.

Section 4. Provides for a non-refundable tax credit against the personal income tax.

Section 5. Tax treatment of the credit.

Section 6. Insurance premium reduction.

Section 7. Effective date.

Justification

Taxicab and livery drivers are 60 times more likely than other workers to be murdered on the job. Between 1980 and 2009, there were 1,126 occupational homicides of US taxicab and livery drivers. While some safety measures were put in place in recent years, the dangers still exist. Similar "black box" devices are being used in the so-called black car and luxury limousine industries.

Black boxes act as a deterrent and as an aid in the apprehension of perpetrators. The devices, usually mounted above the rear view mirror, provide a wide angle view of the interior of the vehicle. Digital images are recorded automatically, for instance every time the meter is turned on or when a door is opened. Infrared sensors allow images to be captured even in a darkened cab at night.

Creating a tax incentive to adopt this new technology will improve overall safety for those travelling in cabs. In addition, These devices could help reduce insurance premiums and enhance traffic safety.

Legislative history

S.7663 of 2010, Referred to Transportation

Fiscal implications

Fiscal impact is yet to be determined.

Effective date

Immediately, and shall apply to taxable years beginning on or after January 1, 2012.