N.Y. Comp. Codes R. & Regs. tit. 21 § 1044.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1044.2 - Definitions

The following terms as used in this part shall have the following meanings:

(a)Authority means the Metropolitan Transportation Authority, the public benefit corporation created by section 1263 of the Public Authorities Law.

(b)Facilities or MTABC facilities includes all property and equipment, including, without limitation, fuel, communication systems, power plants, stations, terminals, signage, storage yards, depots, repair and maintenance shops, yards, offices and other real estate or personalty used or held for or incidental to the operation, rehabilitation or improvement of any bus line of MTABC.

(c)Service animal means a guide dog, signal dog, or other animal individually trained to perform tasks for the benefit of a person with a disability that such person is unable to perform due to such disability, such as guiding persons with impaired vision, alerting persons with impaired hearing to sounds, pulling a wheelchair, retrieving dropped items or providing rescue assistance. The term service animal does not include a therapy animal or animal used for emotional support.

(d)Sound production device includes, but is not limited to, any radio receiver, phonograph, television receiver, musical instrument, tape recorder, cassette player, compact disc player, speaker device or system, and any sound amplifier or any other sound-producing device of similar nature.

(e)Excessive noise means excessively or unusually loud sounds produced by any means which are audible to another person and which cause public inconvenience, annoyance or alarm, or which interfere with transit operations, but does not include conversational speech or sounds incident to walking or normal movement. The emission of any sound in excess of 85 dBA on the A weighted scale measured at five feet from the source of the sound is excessive noise and is prohibited. The term excessive noise also includes sounds which interfere with the audibility of the normal communication, audio communication equipment and speaker system of a terminal, station or bus.

(f)Conveyance includes any bus or other vehicle used or held for use by MTABC as a means of transportation of passengers.

(g)Commercial activities means activities whose main purpose is the sale of goods or services or the promotion or advertising of goods or services, including the distribution of goods or materials for free. Commercial activities include:

(1) the advertising, display, sale, lease, offer for sale or lease, or distribution of food, goods, services or entertainment (including the free distribution of promotional goods or materials); and

(2) the solicitation of money or payment for food, goods, services or entertainment.

(h)Controlled substance means those substances designated as controlled substances by the New York State Penal Law.

(i)Rules means these rules.

(j)Person means any natural person, individual, firm, partnership, corporation, society, organization, association or company or other entity.

(k)Police officer refers to any member of the New York City Police Department and any other police officer duly appointed pursuant to New York Criminal Procedure Law, Section 1.20 who pursuant to his authority has jurisdiction within a terminal, station or bus.

(l)Fare means the lawful charges established by the authority for the use of facilities.

(m)Fare media means the various instruments issued by or on behalf of or accepted by MTABC to use for the payment of fare, including, but not limited to, farecards, passes, transfers, tickets, and vouchers.

(n)Farecards include, but are not limited to:

(1) value-based, magnetically encoded cards (frequently referred to as pay-per-ride MetroCards) containing stored monetary value from which a specified amount of value is deducted as payment of a fare; and

(2) time-based, magnetically encoded cards (frequently referred to as unlimited ride MetroCards) which permit entrance onto conveyances for a specified period of time.

(o)Payment of the fare includes the use at a fare collection device of a time-based farecard for purposes of gaining lawful entry onto a conveyance.

(p)Noncommercial activities means activities involving public speaking; distribution of written materials related to a charitable, religious or political causes; solicitation of contributions for charitable, religious or political causes; and artistic performances, including the acceptance of donations for such performances.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1044.2

Adopted New York State Register April 13, 2016/Volume XXXVIII, Issue 15, eff. 4/13/2016