If an employer is engaged in providing services as described below and is also engaged in providing private limousine or livery service subject to Code 7377 “Limousine or Livery Service – Private – All Other Employees & Drivers,” the entire operations of such a risk shall be assigned to Code 7368.

Code 7368 applies to employers engaged in operating a taxicab or public livery service company where vehicles are available for immediate hire or cruise to solicit business with fares that are determined by zone, mileage or meter.  Such vehicles are radio dispatched and operated from a base station, stand, hotel, dock, highway or other public place.  This classification includes drivers, dispatchers and other employees and excludes the garage employees, clerical employees and outside salespersons.  Taxi drivers may be employees of the taxi company or independent contractors working with the taxi company.  Some of the taxi drivers either lease the cab from the taxi company or they may own their cab and pay the taxi company for permit rights and dispatch services.

Public livery can only provide service through prearrangement.  Street hails for service are not permitted for public liveries by the Taxi and Limousine Commission.  However, the medallion taxicab may accept street hails for service, or cruise for such hails.  The Taxi and Limousine Commission regulates the rates for medallion taxi cabs, but not the rates for public livery companies.