SEPTEMBER 2020 www.taxiliverytimes.com Vol.21 No. 9

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An Insider’s Look at Both NYC TLC Regulated Industries STAY ALERT, PRACTICE SELF-CARE, AND ASK FOR HELP IF YOU NEED IT

MANTÉNGASE ALERTA, PRACTIQUE EL CUIDADO PERSONAL Y PIDA AYUDA SI LA NECESITA

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An Insider’s Look at Both NYC TLC Regulated Industries

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DEFENSIVEDEFENSIVE DRIVINGDRIVING COURSECOURSE (DDC)(DDC) www.TLCservices.nyc [email protected] [email protected] • www.TLCdriver.nyc 4 • TAXI & LIVERY TIMES • SEPTEMBER 2020 BY NEIL WEISS EDITOR’S NOTES STAY ALERT ON THE STREET, TAKE CARE OF YOURSELF, AND PLEASE DON’T MANTÉNGASE ALERTA EN LA CALLE, HESITATE TO ASK FOR HELP CUÍDESE Y NO DUDE EN PEDIR AYUDA We’re living through a dark and confusing time, and it’s sad Estamos viviendo un momento enigmático y confuso, y es triste y and disturbing that our industry’s drivers seem like they’re preocupante que quienes dirigen nuestra industria parezcan estar atra- caught in the middle of the chaos. They are considered essential pados en medio del caos. Se los considera trabajadores esenciales, a workers, asked to transport people during a pandemic, but there quienes se les pide que transporten a las personas durante una pan- aren’t enough rides for most of them to earn a decent wage, de- demia, pero los viajes no son suficientes para que la mayoría de ellos spite working long hours. Civil unrest is erupting in cities across ganen un salario digno, a pesar de trabajar muchas horas. Los distur- bios civiles están estallando en ciudades de todo el país, la violencia y the nation, with violence and crime spiking as people seek justice el crimen aumentan a medida que la gente busca justicia ante la larga for our nation’s long history of racism – and the stress and uncer- historia de racismo de nuestra nación, y el estrés y la incertidumbre tainty caused by the pandemic adds fuel to that fire. causados por la pandemia echan más leña al fuego. Due to the lack of a national strategy to tame the coronavirus, Debido a la falta de una estrategia nacional para controlar el coro- and mixed messages from the White House, far too many people navirus y a los mensajes contradictorios de la Casa Blanca, demasiadas STILL aren’t taking COVID-19 seriously. Even after all these personas AÚN no se toman en serio el COVID-19. Incluso después de months, after all of the deaths and suffering, there are still people todos estos meses, después de todas las muertes y el sufrimiento, to- davía hay personas que se niegan a tener la más mínima cortesía de refusing to perform the smallest of courtesies to help protect their ayudar a proteger a sus conciudadanos: usar una máscara y mantener fellow citizens: wear a mask and maintain a safe distance. una distancia segura. Meanwhile, our industry’s drivers are increasingly becoming Mientras tanto, los conductores de nuestra industria se están con- victims, as desperation, fear, and rage continue to spread, like the virtiendo cada vez más en víctimas, ya que la desesperación, el miedo disease itself. When crime hits the streets, it’s the people on the y la ira continúan propagándose, como la enfermedad misma. Cuando street who invariably become the victims. el crimen llega a las calles, es la gente que circula allí la que constan- After a rash of robberies and assaults this summer, New York temente se convierte en víctima. Después de una serie de robos y asaltos este verano, la Comisión City’s Taxi & Limousine Commission (TLC) launched a new pro- de Taxis y Limusinas (TLC) de Nueva York lanzó un nuevo programa gram “to ensure that anyone who assaults a driver is brought to “para garantizar que cualquier persona que agreda a un conductor sea justice and that drivers who are victims of verbal and physical at- llevada ante la justicia y que los conductores que sean víctimas de tack or robberies receive the assistance and advocacy they de- asaltos o robos verbales y físicos reciban la asistencia y la defensa que serve.” merecen”. There are plenty of drivers out there who feel that the TLC Hay muchos conductores que opinan que la TLC no hace más que does nothing but take, but this is the perfect opportunity to get recaudar, pero esta es la oportunidad ideal para obtener algo a cambio del dinero que han pagado todos estos años. La TLC no solo ofrece asis- something back for the money that you’ve paid in all these years. tencia y apoyo a los conductores que han sido víctimas de un delito, The TLC is not only offering assistance and support to drivers sino que también les brinda ayuda con asuntos financieros, legales y who have been victims of a crime, but help is available on finan- de salud (tanto físicos como mentales). cial, legal, and health matters (both physical and mental). Primero lo primero: Peligro inmediato First Things First: Immediate Danger Cualquier conductor que sienta que está en peligro o sea víctima Any driver who feels in peril or is the victim of a crime should de un delito debe llamar al 911 de inmediato. También es fundamental presentar una denuncia policial, para ayudar a prevenir futuros delitos. call 911 immediately. It is also essential to file a police report, to Luego envíe un correo electrónico a la TLC, a la dirección tlcexternalaf- help prevent future crimes. Then, email the TLC at tlcexternalaf- [email protected], a fin de obtener ayuda para conectarse con servicios [email protected], for help connecting with important services that importantes que asisten a las víctimas de delitos. Parte de la asistencia aid crime victims. This includes support connecting to the New que se ofrece lo conecta con la Oficina de Servicios para Víctimas del York State Office of Victim Services, which can help with medical Estado de Nueva York, que puede ayudarlo con las facturas médicas y bills and counseling expenses, lost wages, and other types of as- los gastos de asesoramiento, la pérdida de ingresos y otros tipos de asis- sistance. The TLC also helps victims file police reports, lodge Hate tencia. La TLC también ayuda a las víctimas a presentar denuncias policiales, presentar denuncias de delitos de odio ante el Departamento Crime complaints with the NYPD, file discrimination complaints de Policía de la Ciudad de Nueva York (NYPD), presentar denuncias with the NYC Commission on Human Rights and assists the de discriminación ante la Comisión de Derechos Humanos de la Ciudad NYPD in gathering evidence in criminal investigations. de Nueva York y ayuda a la policía de Nueva York a reunir pruebas en investigaciones penales. Driver Resources The TLC’s Driver Resource Center provides drivers with fi- Recursos para conductores nancial counseling, legal services, and help if you are feeling un- El Centro de Recursos para conductores de la TLC brinda a los con- ductores asesoramiento financiero, servicios legales y ayuda si se sien- well or are struggling with stress and need mental health ten mal o están luchando contra el estrés y necesitan asistencia de assistance. They also can help you fill out applications for benefits, salud mental. También pueden ayudarlo a completar solicitudes de ben- which can be very useful because the system can be very confus- eficios, lo que puede ser muy útil porque el sistema puede ser muy con- ing. Schedule an appointment and get help today at https://por- fuso. Para programar una cita y obtener ayuda hoy mismo, ingrese a tal.driverresourcecenter.tlc.nyc.gov/. https://portal.driverresourcecenter.tlc.nyc.gov/. It’s natural to feel overwhelmed, sad, anxious, and afraid, or Es natural sentirse abrumado, triste, ansioso y asustado, o tener to experience other symptoms of distress, such as trouble sleeping. otros síntomas de angustia, como dificultad para dormir. Para dis- minuir el estrés y obtener ayuda, especialmente si comienza a sentirse To reduce stress and get help – particularly if you are starting to abrumado, comuníquese con NYC Well, una línea de ayuda gratuita, feel overwhelmed – please reach out to NYC Well, a free, confi- confidencial, disponible las 24 horas, los 7 días de la semana, con as- dential, 24/7 helpline, staffed by trained counselors. They can pro- esores capacitados. Pueden ofrecerle una breve sesión de asesoramiento vide brief counseling and referrals to care in over 200 languages. y derivarlo para que reciba asistencia en más de 200 idiomas. Simple- Just call 888-NYC-WELL (888-692-9355), text “WELL” to 65173, mente llame al 888-NYC-WELL (888-692-9355), envíe un mensaje de or start a chat at NYC.gov/nycwell. texto con la palabra “WELL” al 65173, o inicie una conversación de chat Whatever the reasons for the recent spike in crime – whether en NYC.gov/nycwell. Sean cuales sean las razones del reciente aumento de la delincuen- it’s civil unrest or pandemic-related anxiety over poverty, unem- cia, ya sean disturbios civiles o la ansiedad relacionada con la pandemia ployment, housing instability, or hunger – all drivers must re- por la pobreza, el desempleo, la inestabilidad habitacional o el hambre, member that the most important trip they take during their shift todos los conductores deben recordar que el viaje más importante que is the one that brings them home safely to their loved ones. There hacen durante su turno es el que los lleva de regreso a casa a salvo, con is no reason to go through this alone. Please… PLEASE… don’t sus seres queridos. No hay razón para pasar por esto solo. Le ROG- hesitate to ask for the help you need. AMOS no dude en pedir la ayuda que necesita. SEPTEMBER 2020 • TAXI & LIVERY TIMES • 5 FROM WHERE I SIT IT IS TIME TO UNIONIZE

BY “TAXI DAVE” POLLACK

From where I sit, over 50 million come until the day you die. Unfortu- ter now and for evermore. BUT, if all Americans have applied for unemploy- nately for yellow cab drivers and drivers were unionized at this time, at ment benefits in the past few months, Uber/Lyft drivers, a pension is only a least one could envision a situation sim- over 180,000 Americans have died from dream. This dream, which is part of ilar to those drivers delivering pack- Covid19, a hurricane with 150 mph what made America the envy of the ages, driving trains and trucks: a winds hit parts of Louisiana & Texas, world for many decades, has eluded guaranteed income and benefits. and a California judge ruled that Uber those who specifically transport people Look, unionization has its negatives and Lyft must classify their drivers as for a living. as well as positives. FROM WHERE I employees. Uber lost about $5 billion, yes, with SIT, unionization is the best thing to Uber & Lyft drivers are deprived of a B, each year since its inception. Even protect drivers and the taxi industry. A health insurance, just like yellow cab as they went public, their drivers re- lot would have to be negotiated for driv- drivers at a time when Covid19 is ceived zero benefits, yet many UBER ers and “garages” to survive. spreading like mayonnaise on your fa- EMPLOYEES had stock built into their A union job with a steady income vorite sandwich. If you are one of those salary offers. and health benefits at a time where the drivers who stopped working to protect Yellow cab companies, most with entire country is suffering in one way your family from Covid19, you had zero high overhead, have taken a financial or another, would certainly be the car- income from working, are now one of hit as bad as their drivers – with up to rot to enlist drivers back into a cur- the 50 million unemployed, and must 95% of yellow cabs sitting idle at times. rently flawed and unbeneficial thank god that there is Obamacare in Some smaller taxi businesses have workforce system. If it means higher order to receive medical care with, or gone out of business or merged to save fares, so be it. We are a luxury segment without preconditions. those businesses. of mass transit and our drivers deserve Most bus drivers, subway engineers New York City yellow cab drivers to be paid a living wage just like other and conductors, FedEx drivers, UPS who did drive during the initial stages union drivers. Without a workforce, all drivers and even truckers have not lost of Covid19, found out the destructive other problems are just a nuisance. their jobs or their health insurance, not truth: there were virtually zero passen- Without an abundant workforce, any to mention a pension. Pensions are part gers while they endangered their lives. industry will die. I want the New Yok of a marvelous system that rewards No income, no health insurance and no City Taxi Industry to live, so… decades of hard work with monthly in- pension is a formula for financial disas- UNIONIZE NOW!

David “Taxi Dave” Pollack is an industry veteran, spokesperson and advocate for drivers in New York City. He can be reached via email at [email protected]. He encourages people with comments or questions to reach out to him, and each month we publish those letters, comments and photos.

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NYCNYC CABBIESCABBIES PROTESTPROTEST NEARNEAR CITYCITY HALLHALL DEMANDINGDEMANDING DEBTDEBT RELIEFRELIEF

New York City Taxi drivers protested outside City Hall in Manhattan on August 20, demanding Mayor Bill de Blasio offer help as the steep drop-off in rider- ship caused by COVID-19 continues to cripple the in- dustry. The demonstration, organized by the New York Taxi Workers Alliance, called for debt forgiveness for cab drivers. The union said 80% of yellow cab owner- drivers faced food insecurity. The demonstration brought a caravan of cabs to City Hall and the offices of three financial lenders in New York and New Jersey. Taxi trips in June were down more than 70% com- pared to before the pandemic. Drivers were already suf- fering from the taxi medallion crisis that left many drivers in deep debt. The mayor has said the city simply does not have the money to bail out taxi drivers but be- lieves the federal government should step in to help. Source: Fox 5 New York

Editor’s Notes...... 4 & From Where I Sit...... 5 An Insider’s Look at Both NYC TLC Regulated Industries Taxi News ...... 6 EDITOR: Neil Weiss TRANSLATIONS: Email: [email protected] The Language Center and NYC TLC 714 Crestbrook Ave. Taxi & FHV Relief Stands...... 9 Cherry Hill, N.J. 08003 CONTRIBUTING WRITERS: Tel: 800-723-9119/856-751-0656 Matthew Daus, Esq. Livery News ...... 10 Larry Fisher PUBLISHER: David Pollack Aloysee Heredia Jarmoszu Features ...... 12 E-mail:[email protected] Bertram Merling Phone: 718-706-TAXI (8294) David Pollack Commissioner’s Corner By Aloysee Heredia Jarmoszu ....15 Steven J. Shanker, Esq. ADV. SALES MGR./ Michael Spevack, Esq. ART & DESIGN: The Taxi Attorney By Michael Spevack...... 16 Michele Norton: 856-262-2368

Defensive Driving By Bertram Merling ...... 17 Copyright © 2020 by TAXI & LIVERY TIMES. All rights reserved. Neither this newspaper nor any part therof may be reproduced, copied, or transmitted ITAR Outlook By Matthew W. Dausk ...... 18 in any form, without the express written permission of the publishers. The copyright is extended to the design and text created for advertisements. This By Larry Fisher publication is not responsible for errors in advertisement beyond the cost of The Fishbowl ...... 22 the space occupied by the error. Bylined articles represent the sole opinion of the writer and are not necessarily in accordance with the views of TAXI & LIV- Directory ...... 23 ERY TIMES. This Publication reserves the right to limit or refuse advertising IN THIS ISSUE it deems objectionable. TAXI & LIVERY TIMES is published monthly at a sub- News ...... 24 scription rate of $48 per year. SEPTEMBER 2020 • TAXI & LIVERY TIMES • 7 TAXI NEWS REPORT: PANDEMIC HURTS STRUGGLING TAXI INDUSTRY

A report released in July by New trips started to dramatically drop. By the York City’s Taxi & Limousine Commis- beginning of April, passenger demand sion (TLC) showed the industries it reg- touched bottom at 16% of where it was ulates have been heavily impacted by the before COVID-19. Working drivers saw coronavirus pandemic – despite being their earnings slashed in half. deemed “essential”. Only one in four NYC The report also indicated that the in- Taxi and For-Hire-Vehicle (FHV) drivers dustry is coming back very slowly. By were on the road in late June, the report late June, demand was at 29% of last noted. year’s levels, and working drivers were As soon as Governor Andrew Cuomo earning on average 5% less than in June and Mayor Bill de Blasio implemented 2019. lockdown measures in late March, Taxi Source: NY1

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CONFIDENTIAL HELPLINE If you or someone you know is suffering from depres- Hindi sion, there is a free, confidential helpline called NYC Well that is always available and accessible in 200 lan- guages. You can call 1-888-NYCWell, or text “WELL” to 65173. However, if you are ever in immediate danger

of harming yourself or others, please call 911. Punjabi

Arabic

Russian Bengali

Spanish Chinese Si usted o alguien que usted conozca sufre depresión, existe una línea telefónica gratuita y confidencial llamada NYC Well que siempre está disponible y accesi- ble en 200 idiomas. Puede llamar al 1-888-NYCWell, o enviar un mensaje de texto con la palabra “WELL” al 65173. Sin embargo, si existe el riesgo inmediato de lastimarse o dañar a otros, llame al 911.

Urdu

French Si vous ou l'une de vos connaissances souffrez de dépression, sachez qu'il existe un service d'aide téléphonique gratuit et anonyme appelé NYC Well disponible à tout moment en 200 langues. Appelez le 1-888-NYCWell, ou envoyez « WELL » au 65173. Toutefois, si vous risquez de vous faire mal ou de faire mal aux autres dans l'immédiat, appelez le 911. 8 • TAXI & LIVERY TIMES • SEPTEMBER 2020 TAXI NEWS NYC’S BANGLADESHI COMMUNITY HARD-HIT BY CORONAVIRUS Sadly, there are many stories about Bangladeshis are self-employed and serv- New Yorkers of color were the most devas- Bangladeshi New Yorkers who died due to ice workers who are encountering compli- tated by the virus, the mayor launched an the coronavirus. The virus is hitting low- cations and delays in receiving additional $10 million media campaign in income communities of color especially unemployment benefits with little guid- more than 15 languages to inform people hard, and while much attention has been ance and clarity from the state. and attempt to slow the spread in those on the toll on Black and Latino communi- The de Blasio administration has communities. Efforts included TV, radio, ties, the Bangladeshi community is simi- pointed to its launch of a multi-million-dol- and digital ads in those areas as well as in- larly, largely confined to less-affluent, lar media campaign in multiple languages dividual phone calls and texts, according crowded living spaces in Queens, Brook- including Bengali to reach vulnerable com- to the city. The health department also lyn, and the Bronx. munities. City officials also stress they created an Emergency Partner Council, an On June 8, the city Health Department have worked closely with Muslim New advisory group including 80 community reported that 7.6% of the city’s coronavirus Yorkers to establish their halal food distri- partners, to better inform New Yorkers victims were of Asian descent. If word-of- bution, which served hundreds of thou- through neighborhood-based sessions, ac- mouth counts are correct, the Bangladeshi sands of halal meals provided during cording to a spokesperson. community, which makes up less than 8% Ramadan. The mayor’s office mass texted and of the city’s Asian population, accounted The AAFNY found that one in three shared messages in Bangla with hundreds for about a fifth of those deaths. Bangladeshis live in poverty, which is of community members and organizations “Often our community isn’t seen be- much higher than the citywide poverty serving Bangladeshi communities. But cause it falls into the South Asian cate- rate of about 21%. They’re also more likely their outreach wasn’t as effective and gory,” said Thahitun Mariam, a to live in overcrowded households with didn’t equip the community with accessi- Bangladeshi activist, and community or- 42% of households having more than one ble information from the start, community ganizer. Bangladeshis constitute an out- occupant per room compared to 9% city- members said. sized share of New York’s working class. wide. Thousands of Bangladeshi New York- They drive cabs, cook in restaurants, serve “Usually in Bangladeshi households, ers tune into Bangla networks like TBN24 fast food, sell clothes, and run grocery women will take care of the children and for coronavirus news. Anchor Habib Rah- stores. Many have risked their health by won’t work. The single-income household man said he quickly realized the level of continuing to report to work for the much- makes it hard for those families to mobi- misinformation and confusion about the needed income and to help keep the city lize and save,” said Mariam. “Our commu- virus in the Bangladeshi community. running. nity members are [also] the essential “We took the burden on our shoulders “Bangladeshis need to understand the workers.” to translate the news. The people who live data so the people in the community can Among these workers are many undoc- here should know what’s happening here,” take measures and precautions they need umented Bangladeshis who are ineligible said Rahman. The 24-hour network has to take as a collective. We didn’t get a for unemployment and other government 2.7 million followers on Facebook, aver- chance to do that,” added Moumita assistance programs. The Bronx has also ages roughly 20,000 views per show over Ahmed, a Bangladeshi-American activist. seen double the amount of positive cases, multiple outlets, and has been a main Bangladesh is among the top 10 coun- compared to Manhattan. news source for Bangladeshi New Yorkers. tries of origin for the city’s 3.1 million for- When news first broke about the im- But still, the gap in language access eign-born residents. The Bangladeshi portance of social distancing, the Trump left thousands of Bangladeshis at a disad- population of the city stands at around administration only released the guide- vantage, Mariam said. “There should’ve 100,000, according to a 2018 report by the lines to address coronavirus in English. been a concentrated effort to get them the Mayor’s Office for Immigrant Affairs. Yet After outrage from Congress and Latino information they need because so many many in the Bangladeshi community feel groups, they released it in Spanish, but are immunocompromised.” ignored by those in power. An outbreak in the guidance was never released in other Bangladeshi internal medicine physi- the Bangladeshi community should have languages. cian Raihan Faroqui, who is also a commu- been anticipated and addressed, critics State and city officials failed to quickly nity organizer, along with a team of said. communicate the severity of the virus and volunteers created C-BASH, a smart hot- The Bangladeshi diaspora lives in the importance of staying home to low-in- line for Bangladeshis living in New York many of the city’s hardest-hit neighbor- come neighborhoods where languages City experiencing coronavirus symptoms. hoods and many are undocumented and other than English are prevalent. In the The hotline asks pre-recorded questions in lack health insurance. Plus, the commu- early critical days of the pandemic, Bangla that are put into a database that nity as a whole has high rates of diabetes Bangladeshis, unaware of new social dis- tracks symptoms. Later on, callers receive and other underlying health conditions tancing rules, lived their daily lives like a call back from one of the 600 that cause complications with the virus they always had. Bangladeshi health-care volunteers na- and lead to higher fatality rates. The Department of Health and Mental tionwide with advice on their situation. Among the most glaring failures, crit- Hygiene published coronavirus fact sheets Volunteers also speak with families of ics say, is that information about the virus in nine languages including Bengali on COVID-19 patients to assist them with wasn’t translated into Bengali and there March 15, but the site was only checked 92 any concerns or anxiety. was no outreach to the community despite times from March to June. Although virus Critics say that one of the reasons the being the fourth most common language information was available online, community has been hit especially hard is among foreign-born New Yorkers. Critics Bangladeshi activists say navigating the because there are no Bangladeshis in also said the city's limited halal food dis- internet is a challenge for many elders. elected office at city and state levels and tribution system left many Bangladeshis, In April, when the city released data very few on staffs, and thus no one to draw who are predominantly Muslims, hungry on the hardest hit zip codes and ethnicity attention to their unique challenges. during Ramadan. Additionally, many groups, showing stark disparities wherein Source: Gotham Gazette SEPTEMBER 2020 • TAXI & LIVERY TIMES • 9

Taxi relief stands allow drivers to park their vehicles for up to one hour. This affords drivers the opportunity to leave their vehicles and take care of personal needs. Taxi relief stands should not be confused with taxi TAXI AND stands, which are locations where drivers can wait, in their cars, to pick up passengers. DOT is not responsible for regulating taxis. Taxis are regulated by the New York City Taxi and Limousine Commission. DOT regulates taxi relief stands. FOR-HIRE VEHICLE The type column indicates if the relief stand is for taxis alone, or for both taxis and For-Hire Vehicles (FHVs). Staten Island currently has no relief stands. The following information was found at www.nyc.gov/html/dot/html/motorist/taxirelief.shtml (as of July 24, 2018). RELIEF STANDS We recommend checking back periodically, in the event changes are made to these lists.

MANHATTAN QUEENS Type Street ...... Cross Streets Type Street ...... Cross Streets Taxi/FHVs 10 Ave (east side) ...... W 26 St & W 28 St Type Street ...... Cross Streets Taxi/FHVs 11 Ave (east side) ...... W 45 St & W 46 St Taxi 31 St (west side) ...... 34 Ave & 35 Ave Taxi/FHVs 3 Ave (west side) ...... E 14 St & E 15 St Taxi 31 St (east side) ...... 37 Ave & 36 Ave Taxi/FHVs 3 Ave (west side) ...... E 15 St & E 14 St Taxi 31 St (east side) ...... 38 Ave & 37 Ave Taxi/FHVs 6 Ave (east side) ...... Thompson St & Grand St Taxi 34 St (west side) ...... 37 Ave & 38 Ave Taxi/FHVs 6 Ave (west side) ...... W 22 St & W 23 St Taxi/FHVs 35 St (south side) ...... Starr Ave & Bradley Ave Taxi/FHVs 6 Ave (west side) ...... W 38 St & W 39 St Taxi/FHVs 36 St (east side) ...... Skillman Ave & 43 Ave Taxi/FHVs 6 Ave (west side) ...... W 39 St & W 40 St Taxi 43 Ave (north side) ...... 35 St & 36 St Taxi/FHVs 6 Ave (west side) ...... W 55 St & W 56 St Taxi/FHVs 43 Ave (north side) ...... 11 St & 12 St Taxi/FHVs 8 Ave (west side) ...... W 46 St & W 47 St Taxi 44 Rd (south side) ...... 21 St & 11 St Taxi 9 Ave (east side) ...... W 30 St & W 29 St Taxi/FHVs 43 Ave (north side) ...... 36 St & 37 St Taxi Ave A (west side) ...... E 2 St & E. Houston St Taxi 49 St (west side) ...... Newtown Rd & Northern Blvd Taxi/FHVs Church St *E Rdway (west side) ...... Franklin St & White St Taxi/FHVs 45 Ave (south side) ...... Jackson Ave & 23 St Taxi/FHVs E 116 St (south side) ...... 3 Ave & 2 Ave Taxi/FHVs 47 Ave (south side) ...... 11 St & Vernon Blvd Taxi E 15 St (north side) ...... Irving Place & Union Square E Taxi 55 St (east side) ...... Queens Blvd & Roosevelt Ave Taxi E 23 St (north side) ...... 1 Ave & 2 Ave Taxi 64 St (west side) ...... 34 Ave & 35 Ave Taxi E 26 St (south side) ...... 3 Ave & 2 Ave Taxi/FHVs 61 St (east side) ...... Roosevelt Ave & 39 Ave Taxi E 27 St (south side) ...... Park Ave S & Madison Ave Taxi Queens Blvd (south side) ...... 50 St & 51 St Taxi E 28 St (north side) ...... Park Ave S & Lexington Ave Taxi/FHVs Pearson St (west side) ...... Jackson Ave & DeadEnd Taxi/FHVs E 29 St (south side) ...... Madison Ave & 5 Ave Taxi Queens Blvd (north side) ...... 55 St & 54 St Taxi E 32 St (north side) ...... Madison Ave & Park Ave S Taxi 37 Ave (north side) ...... 32 St & 31 St Taxi E 77 St (south side) ...... 1 Ave & 2 Ave Taxi/FHVs Van Dam St (west side) ...... Queens Blvd & Skillman Ave Taxi E 78 St (north side) ...... Lexington Ave & 3 Ave Taxi E 78 St (south side) ...... Lexington Ave & 3 Ave BRONX Taxi E 86 St (north side) ...... Henderson Pl & York Ave Type Street ...... Cross Streets Taxi E 87 St (south side) ...... 1 Ave & 2 Ave Taxi/FHVs E 233 St (south side) ...... Carpenter Ave & White Plains Rd Taxi/FHVs Grand St (north side) ...... Forsyth St & Chrystie St Taxi Park Ave (east side) ...... E 135 St & E 138 St Taxi/FHVs Madison Ave (west side) ...... E 26 St & E 27 St Taxi Park Ave (west side) ...... E 135 St & E 138 St Taxi/FHVs Maiden Ln (south side) ...... Front St & South St Taxi/FHVs Pelham Pkwy S (south side) ...... Wilson Ave & Eastchester Rd Taxi Park Row (east side) ...... Ann St & Beekman St Taxi/FHVs W 231 St (north side) ...... Albany Cr & Broadway Taxi/FHVs South St (west side) ...... Wall St & Gouverneur Ln Taxi/FHVs West Kingsbridge Rd (south side) ...... Sedgwick Ave & Webb Ave Taxi University Pl (east side) ...... E 13 St & E 14 St Taxi W 33 St (north side) ...... 9 Ave & 10 Ave BROOKLYN Taxi W 39 St (south side) ...... 8 Ave & 9 Ave Type Street ...... Cross Streets Taxi W 41 St (north side) ...... 10 Ave & 11 Ave Taxi 4 Ave (west side) ...... 3 St & 6 St Taxi W 55 St (south side) ...... 10 Ave & 11 Ave Taxi/FHVs 4 Ave (east side) ...... Prospect Ave Taxi/FHVs W 181 St (south side) ...... Pinehurst Ave & Fort Washington Ave Taxi N 6 St (north side) ...... Berry St & Wythe Ave Taxi/FHVs West St (east side) ...... Laight St & Vestry St Taxi New Utrecht Ave (north side) ...... 55 St & 13 Ave

10 • TAXI & LIVERY TIMES • SEPTEMBER 2020 LIVERY NEWS TLC BEGINS ENFORCING 2-YEAR- LA TLC COMIENZA A APLICAR LA NORMA DE VEHÍCULOS DE OLD HIGH-VOLUME FHV RULE ALQUILER DE ALTO VOLUMEN CON DOS AÑOS DE VIGENCIA The New York City Taxi & Limousine Commission (TLC), in En agosto, la Comisión de Taxis y Limusinas (TLC) de la ciudad August, began enforcing a 2018 city law requiring High-Volume de Nueva York comenzó a aplicar una ley local de 2018 que exige For-Hire Vehicle (HVFHV) companies like Uber and Lyft to doc- que las empresas de vehículos de alquiler de alto volumen ument driver compensation, and their impact on the environ- (HVFHV), como Uber y Lyft, registren la remuneración del conduc- ment and the cab industry. tor y el impacto que producen en el medioambiente y la industria de taxis. HVFHV licenses are required under the law for companies La legislación exige que las empresas que realizan más de 10 that provide more than 10,000 rides per day. The TLC can fine 000 viajes por día obtengan una licencia de HVFHV. La TLC puede companies without the proper license $10,000 per car per day. imponer multas de USD 10 000 por automóvil al día a las empresas “The TLC has approved the applications for Lyft, Uber, and que no cuenten con la licencia adecuada. Via,” TLC spokesman Allan Fromberg confirmed. “La TLC aprobó que esta norma se aplique para Lyft, Uber y The belated actions taken by the TLC concerned some taxi Via”, confirmó Allan Fromberg, vocero de la TLC. medallion owners. La demora de la TLC en la aplicación de la norma preocupó a algunos propietarios de medallones de taxi. “It’s like a miracle,” said Carolyn Protz, a medallion owner. “Parece un milagro”, comentó Carolyn Protz, propietaria de un “Did some miracle occur between the middle of June and the medallón. “¿Ocurrió algún milagro entre mediados de junio y me- middle of August?” diados de agosto?” “This is all baloney, and it’s going to stay the way it is unless “Todo esto es un invento y nada cambiará, a menos que alguien someone in the [City] Council investigates,” said Christopher del Concejo Municipal investigue”, opinó Christopher Lynn, quien Lynn, who ran the TLC from 1996 to 1998. estuvo a cargo de la TLC desde 1996 hasta 1998. Bronx Councilman Ruben Diaz, who introduced the bill, has Rubén Díaz, concejal del Bronx que presentó el proyecto de ley, called on Attorney General Letitia James to investigate what he pidió a la procuradora general Letitia James que investigara lo que él consideraba como una falta de supervisión por parte de la TLC. said is a lack of oversight by the TLC. Sergio Cabrera, propietario de un medallón y miembro de Yel- Sergio Cabrera, a medallion owner and member of Yellow low Taxi United, dijo que la agencia actuó de mala fe. El grupo in- Taxi United, said the agency acted in bad faith. The industry dustrial pidió al concejo que investigara el “deliberado rechazo a group has called on the council to investigate the TLC’s “willful que se aplique la ley” por parte de la TLC, con el argumento de que refusal to implement the law,” arguing that delaying action on demorar esta medida sobre las reglamentaciones equivalía a the regulations amounted to “licensing fraud.” “fraude en el otorgamiento de licencias”. “It has not followed its statutory obligations to support the “No ha cumplido con sus obligaciones legales de respaldar el medallón y su ‘acceso protegido al mercado’, ha facilitado e incitado medallion and its ‘protected access to market,’ it has aided and a la invasión [de vehículos de alquiler] y, en el proceso, destruyó al abetted the [for-hire vehicle] invasion and in the process de- medallón de taxi como franquicia de la ciudad”, denunció Cabrera. stroyed the taxi medallion as a city franchise,” Cabrera said. Fuente: Crain’s New York Business Source: Crain’s New York Business

Third Generation Brokerage, Inc. SEPTEMBER 2020 • TAXI & LIVERY TIMES • 11 LIVERY NEWS LIVERY DRIVERS ON “HIGH ALERT” CONDUCTORES DE VEHÍCULOS DE ALQUILER EN “ALERTA AFTER ROBBERY SPREE MÁXIMA” TRAS UNA OLA DE ROBOS Se advierte a los conductores de vehículos de alquiler de la For-Hire Vehicles (FHV) drivers in New York City are ciudad de Nueva York sobre un hombre armado que participó being warned about an armed man that participated in at en al menos siete robos, todos ellos en Brooklyn. La policía least seven robberies, all of them in Brooklyn. Police say he afirma que usa una máscara y lleva consigo un arma; además, wears a mask and has a gun – adding that all the victims were agrega que a todas las víctimas les dijo que levantaran las told to put their hands up, and then were instructed to hand manos y, luego, les indicó que le entregaran todo el dinero. Según informó un conductor llamado Luis, le robó USD 180 over all of their cash. en Linwood Street, en el este de Nueva York. El conductor ex- A driver names Luis was reportedly robbed of $180 on Lin- plicó que tuvo que esperar a la policía para denunciar el delito, wood Street in East New York. He said waiting for police so lo cual le hizo perder tiempo y el dinero que hubiera ganado en he could report the crime cost him time and money, six long seis horas de trabajo. Además, comentó que otros conductores hours’ worth. He claims other drivers wouldn’t bother because no se molestan en denunciar los robos porque sienten que pier- they feel like they are wasting their time. den el tiempo. According to sources, no drivers were injured in the rob- Según las fuentes, ningún conductor resultó herido en los beries. Despite the suspect wearing a mask, his tattoos should robos. A pesar de que el sospechoso usa una máscara, sus tatu- easily give him away. Video of the assailant can be viewed ajes deberían delatarlo fácilmente. El video del agresor se puede here. ver aquí. The Federation of Taxi Drivers – which is offering a $3,000 La Federación de Conductores de Taxis, que ofrece una rec- ompensa de USD 3000 por información que permita arrestar al reward for information that leads to an arrest – stated that, agresor, sugirió que, en el futuro, el Departamento de Policía in the future, the NYPD should quickly notify drivers when it de Nueva York debería notificar rápidamente a los conductores uncovers this kind of crime pattern, with an “AMBER-type” cuando descubra este tipo de patrón delictivo, con una alerta alert. “similar a la AMBER”. Source: CBS New York Fuente: CBS New York

UNLICENSED LIVERY DRIVER ARRESTED CONDUCTOR DE VEHÍCULO DE ALQUILER SIN LICENCIA FOR RAPING 12-YEAR-OLD ARRESTADO POR VIOLAR A UNA NIÑA DE 12 AÑOS An unlicensed Livery driver was arrested on August 10, after al- Un conductor de vehículo de alquiler sin licencia fue arrestado el 10 legedly raping a 12-year-old passenger. The incident was reported de agosto, luego de que habría violado a una pasajera de 12 años. El inci- dente se informó alrededor de las 6:00 p. m., después de que la niña abor- around 6:00pm, after the girl was picked up near Myrtle and Carlton dara el vehículo cerca de las avenidas Myrtle y Carlton, en Brooklyn. La avenues in Brooklyn. Police say the victim was visiting her grand- policía explicó que la víctima se dirigía a la casa de su abuela con el fin de mother to pick up a bicycle, and her mother had called the car service recoger una bicicleta, y que su madre había solicitado el servicio de ve- to pick her up and bring her home. hículo para que la recogieran y la llevaran a casa. Authorities say the driver, 32-year-old Rafael Martinez, pulled a Las autoridades explicaron que el conductor, Rafael Martínez de 32 gun from the glove compartment, loaded it with bullets, and told the años, sacó un arma de la guantera, la cargó con balas y le dijo a la víctima: victim, “If you say anything, these bullets are for you.” He allegedly “Si dices algo, te disparo todas estas balas”. Según explicaron las autori- jumped in the back seat, and as she tried to push him away, Martinez dades, se presume que Martínez saltó al asiento trasero del automóvil y, punched her in the face multiple times and slammed her head against cuando ella trató de alejarlo, la golpeó en la cara varias veces y le golpeó the window, causing her to lose consciousness, authorities said. When la cabeza contra la ventana, lo que provocó que la niña perdiera el she regained consciousness, she was being raped, court documents conocimiento. Cuando despertó, él estaba violándola, según se indica en said. los documentos judiciales. After the attack, Martinez allegedly told her, “If you tell anybody, Después del ataque, Martínez le habría dicho: “Si le cuentas a alguien, I know where you live, I'll come to get you and your family.” He then sé dónde vives; voy a ir por ti y por tu familia”. Luego la llevó a otro lugar drove her to another location and raped her again before taking her y la violó nuevamente antes de llevarla a casa. home. Las autoridades dicen que los datos de GPS que se recuperaron del Authorities say GPS data recovered from the vehicle corroborated vehículo confirmaron que este se detuvo. that the vehicle stopped. Martínez fue arrestado el 11 de agosto y enfrenta cargos por violación, Martinez was arrested on August 11 and is facing charges of rape, acto sexual criminal, abuso sexual, poner en peligro el bienestar de una criminal sex act, sex abuse, endangering the welfare of a child, men- menor, amenaza y agresión. La Comisión de Taxis y Limusinas (TLC) de acing and assault. The New York City Taxi & Limousine Commission Nueva York aclaró que Martínez nunca tuvo una licencia de la TLC y que operaba de manera ilegal en el momento de la presunta violación. (TLC) said that Martinez has never held a TLC license and was oper- “Los conductores de vehículos de alquiler con licencia de la TLC son ating illegally at the time of the alleged rape. algunas de las personas que trabajan más arduamente en la ciudad de “TLC-Licensed Drivers are among the hardest working people in Nueva York, y es incorrecto llamar al Sr. Martínez, que ha sido acusado New York City, and it is incorrect to call Mr. Martinez, who has been de delitos atroces, taxista o conductor de vehículo de alquiler, ya que nunca charged with unspeakable crimes, a cab, taxi, or livery driver since he lo fue”, declaró la TLC. La TLC también decidió suspender y revocar la li- has never actually been one,” the TLC stated. The TLC also moved to cencia del servicio de vehículos de Brooklyn Evelyn Car Service que em- suspend and revoke the license of the Brooklyn-based car service that pleaba a Martínez. employed Martinez, Evelyn Car Service. La TLC exige que se realice una averiguación de antecedentes exhaus- TLC requires all drivers and car services to undertake extensive tiva y estricta de todos los conductores y servicios de vehículos, lo cual in- and strict background checks, which include fingerprinting, fitness re- cluye huellas dactilares, exámenes físicos y averiguaciones de views, and criminal record searches. TLC-Licensed Bases are required antecedentes penales. Las bases acreditadas de la TLC deben verificar la to check the TLC License database daily to ensure their drivers are li- base de datos de licencias de la TLC a diario para asegurarse de que los censed and in good standing. conductores tengan licencia y estén en regla. “Ignoring TLC regulations and illegally dispatching an unlicensed “Ignorar las reglamentaciones de la TLC y autorizar ilegalmente a un driver unnecessarily puts everyone at risk,” TLC Commissioner and conductor sin licencia pone a todos en riesgo innecesariamente”, declaró Chair Aloysee Heredia Jarmoszuk said. “We are deeply disturbed and Aloysee Heredia Jarmoszuk, comisionada y presidenta de la TLC. “Esta- saddened by the savage attack on an innocent child earlier this week mos profundamente consternados y entristecidos por el salvaje ataque a and our hearts and prayers are with the child and family. Hundreds una niña inocente a principios de esta semana, y tanto la niña como la fa- of TLC-Licensed Bases operate responsibly and in good faith in NYC milia están en nuestros pensamientos y oraciones. Cientos de bases acred- and we will not put honest businesses or public safety in jeopardy by itadas de la TLC operan de manera responsable y de buena fe en la ciudad turning a blind eye to illegal operators.” de Nueva York, y no pondremos en peligro a los negocios lícitos ni a la se- guridad pública al ignorar la situación de quienes operan ilegalmente”. Source: ABC7 NY Fuente: ABC7 NY 12 • TAXI & LIVERY TIMES • SEPTEMBER 2020 FEATURES ARE YOU USING HAND SANITIZER THE WRONG WAY? Keeping your hands clean is critical to onds until they feel dry. If you don’t wait ple to thoroughly rub it onto every surface protecting you against the spread of the for that, you can “essentially end up wip- of their hands. coronavirus. Using an alcohol-based hand ing it off on something, and then it’s not 3. You’re only relying on hand san- sanitizer is a convenient method of hand really doing its job,” explained Dr. Zeke J. itizer and not storing it safely. You hygiene on the go, especially when soap McKinney, the primary occupational and may be in need of clean hands after han- and water ― the more effective way of get- dling messy food or playing sports. But ting rid of all types of germs ― is not read- spritzing hand sanitizer should not re- ily available. But just because you spray place thoroughly cleaning your hands with or squirt some on your hands and give soap and water when there’s grit or grease them a quick wipe doesn’t mean your san- on them. If there is “dirt covering part of itizer is working to the best of its ability. your hand, hand sanitizer can’t really ef- The following are common hand sani- fectively get to the surface of your hand,” tizer mistakes to beware of: McKinney said. “The reason scrubbing 1. You don’t use enough hand san- your hands… is more effective, is because itizer. The Centers For Disease Control you get the mechanical action of getting off and Prevention says you need to use bacteria by virtue of scrubbing.” enough sanitizer to cover all surfaces of Using hand sanitizer properly is an ef- your hands. This is a common mistake fective way to slow the potential spread of people make. Too much is better than too the coronavirus, but it should not be the little. only preventative measure you are taking. Once sanitizer is on your hands, take “People think [hand sanitizer] is a rea- the time to cover every crevice. The World sonable replacement for washing your Health Organization said this should take hands, but it definitely is not,” McKinney 20-30 seconds. Thomas Russo, chief of the said. “Washing your hands is by far the infectious disease division at the Univer- best.” sity of Buffalo in New York, said not cov- Also, be mindful of where you store ering your whole hand is the biggest risk hand sanitizer. Russo warned it should be with hand-sanitizer use. kept away from children, citing a rise in “You get the palm side of your fingers. cases of kids being poisoned from ingest- You’ll get your fingertips, but you won’t ing it. get the other side, or between the fingers environmental medicine provider at Min- And remember to wear your mask. and the outside of the thumbs,” Russo nesota’s HealthPartners Riverway Clinic. COVID-19 is believed to primarily spread said. “You have to make sure you get all The time that it’s on your hands is when from person to person through respiratory those other parts.” it’s working to inactivate certain bacteria droplets. “If I get to choose one thing, I 2. You don’t wait for the hand san- and viruses, he added. choose a mask, and I’ll let my hands go itizer to dry. The CDC says you should Russo noted that rubbing hand sani- dirty,” Russo said. rub your hands together for about 20 sec- tizer dry helps because it encourages peo- Source: Huffington Post TIPS FOR GETTING THE MOST MILEAGE OUT OF YOUR CAR As a professional driver, your car is an 2. Follow your car’s maintenance ing bent valves (most common), cylinder essential tool, and one that you have to schedule. Every car has its own mainte- head or camshaft damage, and possibly take care of, if you want to optimize your nance schedule, set by the manufacturer. piston and cylinder wall damage. profitability. If you’re hoping to get Typically, you can find these recommen- 4. Purchase quality parts. Buying 200,000 (or more) miles out of your vehi- dations in your vehicle’s owner’s manual. car parts or fluids on the cheap is another cle, it’s essential to stay vigilant on pre- Schedules vary by car model. way to save money today that tends to ventative maintenance and consider the It’s tempting to skip preventive main- cost much more in the end. As Consumer other tips included in this article. tenance. After all, why spend money fix- Reports (CR) notes: “The wrong type of oil 1. Buy the right vehicle. It all starts ing something that isn’t broken? The or transmission fluid, for example, could with buying the right vehicle. According answer: If you catch a problem early, cause damage leading to expensive re- to a recent article from motor1.com, the you’ll save money and likely extend the pairs, voiding your warranty and dimin- following are the top 10 most likely vehi- life of your vehicle. To achieve 200,000 ishing long-term reliability. Cheap and cles to last 200,000 miles. There are miles, you need to service your car as sug- no-name belts and hoses might not wear plenty of other quality vehicles available gested. as well as those from a name-brand sup- – many of which get much better gas 3. Change the car’s timing belt be- plier.” mileage than some of the SUVs listed fore something goes wrong. This Instead of shopping for bargain-base- here – but this list is a good starting point. should be part of your car’s maintenance ment deals, CR suggests using parts and 1. Toyota Land Cruiser schedule, but it’s so important that it de- fluids that meet manufacturer specifica- 2. Toyota Sequoia serves a category of its own. Many people tions. It might pain you a little right now, 3. Ford Expedition skip replacing the timing belt because it but your future self will thank you. 4. Chevy Suburban can cost several hundred dollars – but ig- 5. Find a great mechanic. If you 5. Toyota Highlander Hybrid noring it can be a big mistake. want to live to be 90, you’ll likely need the 6. Chevy Tahoe Depending on how your engine is con- help of some good doctors to get you there. 7. GMC Yukon XL figured, the timing belt might be respon- The same is true for your vehicle. Find a 8. Toyota 4Runner sible for keeping the valve’s stroke and mechanic who can provide sound advice 9. GMC Yukon the piston’s stroke from crashing into and car care without ripping you off. 10. Honda Ridgeline each other. If it snaps, they collide, caus- Source: Money Talks News SEPTEMBER 2020 • TAXI & LIVERY TIMES • 13 FEATURE UBER AND ITS DAY OF RECKONING FOR THE PAYMENT OF UNEMPLOYMENT BENEFITS

BY STEVEN J. SHANKER, ESQ.

For 10 years, Transportation Network benefits. The purpose of unemployment and the “political machine” turning a blind Companies (TNCs) have been operating benefits is to compensate a person for lost eye. What COVID did was force a micro- outside the law. While transportation is a wages when they lose their job due to no scopic review of drivers’ employment sta- heavily-regulated industry, TNCs busted fault of their own. tus by elected officials and government into just about every market without per- When Uber, Lyft and the other gig agencies. The politicians may have turned mission or authority. companies were created, they knew of the a blind eye, but over time, the legal system Uber and Lyft claimed they were not a labor laws around the country but had no proved to not be deferential to Uber’s transportation service, but a technology intention on calling or treating their driv- claim of being simply a technology com- company. It is beyond doubt that Uber and ers/delivery people employees. This is not pany. Lyft rely heavily upon technology to oper- because the gig companies didn’t direct Uber appealed certain decisions of the ate their business, but at the end of the and control their activities, but because ALJ, as listed above, which found its driv- final analysis, they are no different than the Uber and Lyft business models were ers to be employees. any other transportation company. A cus- simply never able to financially support In a decision dated July 12, 2018, the tomer contacts the TNC and the TNC having drivers as employees. The cost was Unemployment Insurance Appeal Board arranges to have that person transported cost prohibitive from day one and still is (UIAB) affirmed the decision of the ALJ by a driver. The fact that the customer today. and found Uber drivers to be employees: contacts the TNC via an app is nothing After 10 years, Uber and Lyft have yet https://gigeconomyresources.files.word- more than a high-tech, 21st century way to make a profit in any one year, even press.com/2019/09/uber-tech-a.l.j.-case.pdf of calling a car service. since going public in 2019. A company that In a decision dated April 29, 2019, the The fact that the driver can sign up to is not profitable cannot afford to have em- UIAB again affirmed the decision of the provide service in a remote fashion and ployees, much less afford to pay unemploy- ALJ on another case and found gets paid via direct deposit is nothing ment benefits to drivers. Uber drivers to be employees: https://uiap- more than a modern way of allowing the In good times, state governments can peals.ny.gov/system/files/documents/2019/ driver to receive a dispatch from the TNC, look away and let private parties deal with 09/603938-appeal-decision.pdf complete a job and be paid – just like any their own issues. The creation of the gig In the UIAB decisions, the Board traditional company. economy fueled the growth of the overall made the following findings of law: The Eventually, Uber and Lyft were forced economy and kept the stock market hum- credible evidence establishes that Uber ex- into compliance with state and local trans- ming. ercises sufficient supervision, direction or portation regulatory authorities, but not Then the COVID-19 pandemic hit. All control over the three claimants and other before they wreaked havoc on the incum- of a sudden, the use of transportation similarly situated drivers. Despite the bents in the industry. dropped 90%. Drivers for Uber and Lyft above legal decisions, Uber never paid any In New York City, the streets are had virtually no work to perform. Seem- unemployment benefits and the State of flooded with vehicles of those who drive for ingly overnight, unemployment became New York never took action to compel Uber and Lyft. The taxi medallion market rampant. Most of all, drivers for Uber and them to do so. imploded. The incumbents were not pre- Lyft realized they not only had no benefits Typically, after a company loses an un- pared for massive disruption of an indus- to fall back on (such as sick time and paid employment case, the NYSDOL would try that is older than the automobile itself. time off), but as independent contractors conduct an audit of the company and as- Drivers who already provided transporta- they were not even entitled to unemploy- sess them fines and penalties. In the case tion flocked to Uber and Lyft. In New York ment benefits. of Uber, this would mean to go back to the City, they did so because they offered in- While COVID-19 brought these issues day they started operating in New York centives such as free iPhones, a $5,000 to the forefront on a national level, the State and assess a fine and a penalty for “sign up bonus” and all the jobs they can writing was on the wall for Uber long be- each and every driver whom they did not handle. fore COVID-19. pay unemployment tax on, which would be Eventually, drivers became increas- In 2016, three claims were made by every single one. Despite the obligations ingly agitated by having to follow Uber three different Uber drivers claiming they of the State of New York and the NYS- and Lyft’s “platform rules.” Moreover, the were employees and thus entitled to un- DOL, they did nothing. Once again, the more drivers Uber and Lyft added, the less employment benefits. By initial determi- enjoyed an uneven playing field, where the each driver made. nations dated August 5, 2016, September state agency treated Uber differently than The entire industry is based on the 13, 2016, and October 31, 2016, the New every other base in NYC. laws of supply and demand. Demand for York State Department of Labor (NYS- Then the unimaginable thing hap- transportation is almost always high, but DOL) found Uber driver to be employees pened: COVID-19 hit. FHV drivers were when you flood the market with an over- and thus entitled to unemployment bene- not prepared for this. None of us were. supply of drivers, there are less and less fits. FHV drivers were essentially “laid off” en jobs for each driver. What started out as a Uber contested the determination and masse because no one was traveling and means for drivers to make as much money a hearing was held before an Administra- the need for FHV transportation dropped as they wanted by simply working more tive Law Judge (ALJ). On June 9, 2017 an by 90-95%. hours turned into working more and more ALJ found Uber drivers to be employees. All of a sudden, FHV drivers found hours for less and less money. The following is a link to the decision. themselves with no work due to no fault of Uber and Lyft drivers became increas- https://src.bna.com/pRr. their own. Here is where it gets a bit ingly disillusioned. It was opined at the time of the deci- murky. Most FHV drivers are independ- One thing Uber and Lyft never in- sion by the NYSDOL that such a ruling, ent contractors as their affiliated base tended when they set out to disrupt for- giving Uber drivers jobless benefits, could does not direct and control their actions to hire transportation was to hire drivers as have a nationwide impact. Thus far, Uber a sufficient extent to make them employ- employees or having to pay unemployment and Lyft have depended on their lobbyists ees. Thus, many FHV drivers in NYC are

Continued on page 14 14 • TAXI & LIVERY TIMES • SEPTEMBER 2020 Continued from page 13 not entitled to unemployment benefits. the “when due” clause of the Social Secu- months to receive benefits. A copy of the But remember what I stated above: It was rity Act. Court’s decision can be found here: already found by the NYSDOL that Uber’s On July 28, 2020, U.S. District Judge https://www.documentcloud.org/docu- drivers were employees. Thus, Uber driv- Lashann Dearcy Hall issued a speedy de- ments/7008780-New-York-Taxi-Workers- ers were entitled to unemployment bene- cision in the case filed by the NYTWA. The et-al-v-NYS-Dept-of-Labor.html. fits. Court acknowledged that as early as 2016, As of this date it is still not clear what Unfortunately, the NYSDOL was, once the NYDOL determined that three Uber the State of New York or the NYSDOL has again, woefully deficient in its duties to driver claimants, employed between No- done to comply with the order of U.S. Dis- enforce the law. Uber drivers applied for vember 2015 and August 2016; in April trict Judge Lashann Dearcy Hall. One benefits, but they were not receiving un- 2016; and between August 2014 and Sep- thing is for sure: Uber is going to be in employment benefits from the State of tember 2015, respectively, and those sim- some very hot water. New York. Why was this the case? Why ilarly situated to them were employees of It is bad enough for the state to ignore was the State seemingly treating Uber dif- Uber for the purpose of unemployment in- its obligations under the law to Uber driv- ferently and thus prejudicing the rights of surance benefits. She noted the practice by ers. But here we have a United States Uber drivers? app-based FHV companies of appealing Federal Court Judge issuing an order for Some questions cannot be answered the NYDOL’s determinations that a driver the State of New York to comply with the because there is sometimes no rhyme or is an employee but subsequently abandon- law. I believe the State and NYSDOL will reason why the state does or does not do ing the request for a hearing has allowed comply with the Court’s order. The ques- certain things. But when there is a law the companies to avoid a potential deter- tion remains whether the State and the and a violation of a law by a company, mination that any given driver is an em- NYSDOL will then audit Uber and make there usually exists a legal remedy to ployee may be broadly applied to other them pay the massive fines and penalties those who have been harmed. drivers. for the failure to pay unemployment insur- On May 26, 2020, certain individuals The court went on to state that “[t]he ance for all of its drivers for the past 10 – along with the New York Taxi Workers NYDOL has been on notice of the FHV years. Alliance (NYTWA) – brought a lawsuit in companies’ “appeal and abandon” practice It is about time that that Uber drivers the United States District Court for the described above. Indeed, the NYDOL at- be given the benefits they are entitled to. Eastern District of New York against An- tested that this practice is often employed Most of all, it is about time that Uber not drew Cuomo, Governor of New York; the by FHV companies and went so far as to be given any more special treatment and New York Department of Labor (NYDOL); agree that this practice is “gamesman- that the playing field finally be leveled for and Roberta Reardon, Commissioner of ship.” Particularly troubling is that in the everyone in the industry. Labor; alleging, pursuant to 42 U.S.C. § face of such gamesmanship, the NYDOL’s 1983, violation of Title III of the Social Se- own practices, have allowed for the app- curity Act of 1935, for failure to pay unem- based FHV companies to lead it by the ployment insurance benefits when due. leash. Steven J. Shanker, Esq. is General According to the plaintiffs, unemployment In the end, Judge Lashann Dearcy Counsel to the Livery Roundtable, insurance benefits due to Uber drivers in Hall issued a preliminary injunction re- Inc. and the New York Independent New York have been delayed or altogether quiring the state to, among other things, denied by systemic failures at the New urgently pay unemployment insurance to Livery Driver Benefit Fund. York Department of Labor, in violation of Uber drivers who have been waiting SEPTEMBER 2020 • TAXI & LIVERY TIMES • 15 COMMISSIONER’S CORNER

BY ALOYSEE HEREDIA JARMOSZUK

Greetings, I hope this message finds you safe and well. In Actualización de la Industria compartiré información sobre la seguri- this Industry Update, I will share information on Driver Safety, dad del conductor, votación anticipada, el censo, pruebas rápidas de early voting, the census, rapid COVID-19 testing, and how to COVID-19 y cómo evitar problemas comunes en las inspecciones de ve- avoid common issues at TLC Vehicle Inspections. hículos de la Comisión de Taxis y Limusinas (Taxi and Limousine Com- mission, TLC). DRIVER SAFETY SEGURIDAD DEL CONDUCTOR Everyone deserves a safe and secure place to work, whether Todos merecen un lugar seguro y protegido para trabajar, ya sea una that’s an office, taxi, or for-hire vehicle. In recent Industry Up- oficina, un taxi o un vehículo de alquiler. En recientes Actualizaciones dates, I shared new procedures the TLC has put in place to help de la Industria compartí nuevos procedimientos que la TLC ha puesto Drivers report physical and verbal assaults. We work closely en marcha para ayudar a los conductores a denunciar agresiones físicas with the NYPD to ensure that anyone who harms a TLC Driver y verbales. Trabajamos en estrecha colaboración con el Departamento is brought to justice, and that victims receive the assistance and de Policía de Nueva York (New York Police Department, NYPD) para advocacy they deserve. Unfortunately, there were several attacks garantizar que cualquiera que le haga daño a un conductor de la TLC against TLC Drivers in July and August. sea llevado a la justicia, y que las víctimas reciban la asistencia y defensa Last month, we shared some critical information with TLC que merecen. Desafortunadamente, hubo varios ataques contra conduc- Drivers on how to avoid potentially dangerous situations. Some tores de la TLC en julio y agosto. of the worst assaults against Drivers have been by passengers El mes pasado compartimos información fundamental con los con- ductores de la TLC sobre cómo evitar situaciones potencialmente peli- on trips not dispatched by a licensed base. If you are a For-Hire grosas. Algunas de las peores agresiones contra los conductores han sido Vehicle Driver, never pick up a passenger on the street without por parte de pasajeros en viajes no despachados por una base con licen- a dispatch. New York State Workers’ Compensation benefits are cia. Si usted es conductor de un vehículo de alquiler, nunca recoja a un only available for TLC Drivers who complete a trip dispatched pasajero en la calle sin un despacho. Los beneficios de Indemnización by a licensed base in a TLC licensed vehicle. Laboral del estado de Nueva York solo están disponibles para conduc- When you start a trip, it is helpful to make eye contact and tores de la TLC que completen un viaje despachado por una base con li- greet your passenger, in case you ever need to identify them. Be cencia en un vehículo con licencia de la TLC. aware of their body language, try to keep a safe distance, and re- Cuando comience un viaje es útil hacer contacto visual y saludar a main calm when speaking. Taxi and livery vehicles can have a su pasajero, en caso de que alguna vez necesite identificarlo. Esté alerta partition, or an approved in-vehicle camera system installed for de su lenguaje corporal, intente mantener una distancia segura y con- additional security. You can find a list of approved installers on serve la calma cuando hable. Los taxis y los vehículos livery pueden tener una partición o un sistema de cámaras en el vehículo aprobado e insta- the TLC website. Dashboard cameras that record events that lado para mayor seguridad. Puede encontrar una lista de instaladores occur on the road and inside their vehicle are allowed in Black aprobados en el sitio web de la TLC. Se permiten cámaras en el tablero Cars and Luxury Limousines. The footage can be very helpful in de instrumentos que graban eventos que ocurren en la carretera y en el case you are involved in a collision or if you have a negative in- interior de su vehículo en automóviles negros (black car) y limusinas de teraction with a passenger. lujo. La grabación puede ser muy útil en caso de que esté involucrado en una colisión o si tiene una interacción negativa con un pasajero. VOTING AND CENSUS I wanted to use this opportunity to let you know that all New VOTACIÓN Y CENSO Yorkers can now obtain an absentee ballot to vote safely in the Quiero aprovechar esta oportunidad para informarles que todos los November Election, due to the recent changes to the State law. neoyorquinos ahora pueden obtener un voto en ausencia para votar de According to NYC Votes, you can request your absentee ballot manera segura en la elección de noviembre debido a los recientes cam- bios en la ley estatal. De acuerdo con las votaciones de la ciudad de now at nycabsentee.com and avoid lines on Election Day. You Nueva York, usted puede solicitar su voto en ausencia ahora en nycab- can also vote early between Oct. 24 and Nov. 1. If you have not sentee.com y evitar las filas el día de la elección. También puede votar registered to vote yet, the deadline to register and vote in the de forma anticipada entre el 24 de octubre y 1 de noviembre. Si aún no November election is October 9. If you mail in your application, está registrado para votar, le fecha límite para hacerlo y votar en la elec- it must be received by the Board of Elections by October 14. You ción de noviembre es el 9 de octubre. Si envía su aplicación por correo can find information on how to register to vote here: postal, la Junta de Elecciones la debe recibir antes del 14 de octubre. https://vote.nyc/page/register-vote. Puede encontrar información sobre cómo registrarse para votar aquí: Another great way you can help your community and be civi- https://vote.nyc/page/register-vote. cally engaged is to complete the Census. The Census completion Otra manera excelente en la que puede ayudar a su comunidad y deadline has been moved to September 30. It is more important estar cívicamente involucrado es al completar el censo. La fecha límite than ever that everyone complete the Census so that New York para completar el censo se ha movido para el 30 de septiembre. Es más importante que nunca que todos completen el censo para que Nueva York can receive critical federal dollars for healthcare, education, and pueda recibir fondos federales fundamentales para atención médica, ed- other public services. It’s also important to ensure that New York ucación y otros servicios públicos. También es importante garantizar que does not lose any Congressional representation due to under- Nueva York no pierda ninguna representación en el Congreso debido a counting. Please head to my2020census.gov to complete the Cen- un recuento insuficiente. Diríjase a my2020census.gov para completar sus today -- it only takes about ten minutes. el censo de una vez. Solo toma alrededor de diez minutos.

GET TESTED FOR COVID-19 HÁGASE LA PRUEBA DE COVID-19 Last month, the Department of Health & Mental Hygiene El mes pasado, el Departamento de Salud e Higiene Mental comenzó began to offer rapid, free COVID-19 testing in 24 hours or less. a ofrecer una prueba rápida y gratuita de COVID-19 con resultados en This is a very important step to identify coronavirus cases early 24 horas o menos. Este es un paso muy importante para identificar los to prevent community spread, and help the city reopen safely. casos de coronavirus temprano con el fin de prevenir la propagación co- munitaria, y así ayudar a la ciudad a reabrir de manera segura. La may- Most patients receive their tests results on the same day that oría de los pacientes reciben el resultado de su prueba el mismo día de they visit. You can make an appointment for rapid testing online: la consulta. Puede hacer una cita para la prueba rápida en línea: https://www1.nyc.gov/ site/doh/covid/covid-19-rapid-testing.page. https://www1.nyc.gov/ site/doh/covid/covid-19-rapid-testing.page.

PASSING YOUR TLC VEHICLE INSPECTION APROBAR LA INSPECCIÓN DE SU VEHÍCULO DE LA TLC To ensure public safety, TLC vehicle owners must have their Para garantizar la seguridad pública, los propietarios de vehículos vehicles inspected several times a year. Inspectors catch safety de TLC deben inspeccionar sus vehículos varias veces al año. Los inspec- Continued on page 16 Continúa en la página 16 16 • TAXI & LIVERY TIMES • SEPTEMBER 2020 Continued from page 15 Viene de la página 15

issues that can put drivers and pas- tores pueden detectar problemas de se- sengers at risk. We created the guide guridad que pueden poner en riesgo a los below to help you keep your vehicle in conductores y a los pasajeros. Hemos excellent condition and smoothly pass creado la siguiente guía para ayudarle a your TLC Inspection. mantener su vehículo en excelente estado The most common issues that ve- y para que apruebe sin dificultades la in- spección de la TLC. Los problemas más hicles have during inspections involve comunes que tienen los vehículos durante tires, lights, seatbelts, and windshield las inspecciones involucran neumáticos, wipers. luces, cinturones de seguridad y limpia- Before your inspection, ensure parabrisas. that the tire tread depth is at least Antes de la inspección, asegúrese de 2/32 inches, and that the tire pressure que la profundidad de la banda de ro- meets the car manufacturer’s recom- damiento de los neumáticos sea de, al mendations. There should be no miss- menos, 2/32 pulgadas, y que la presión ing lug nuts, which are used to secure cumpla con las recomendaciones del fab- the wheels. For exterior lights, always ricante del automóvil. Las tuercas que se make sure they are DMV approved, usan para asegurar las ruedas deben estar completas. Para las luces exteri- properly mounted and in working con- ores, siempre asegúrese de que estén dition. These lights include the vehi- aprobadas por el Departamento de Ve- cle’s headlights, tail lights, brake hículos y Motores (Department of Motor lights, parking lights, signals, back- Vehicles, DMV) y de que estén adecuada- up lights, and hazard warning lights. mente instaladas y en funcionamiento. Check that all seatbelts are present Estas luces incluyen las luces delanteras, and in working order, and that the traseras, de freno, de estacionamiento, de windshield wipers are fully opera- retroceso y de emergencia, así como las tional. señales. Verifique que todos los cintur- Taking these steps will help your ones de seguridad estén presentes y en inspection process go smoothly. óptimas condiciones, y que los limpia- parabrisas estén completamente opera- tivos. Sincerely, Tomar estos pasos ayudará a que su Aloysee Heredia Jarmoszuk proceso de inspección se desarrolle sin di- ficultades.

Atentamente, Aloysee Heredia Jarmoszuk

Aloysee Heredia Jarmoszuk is the recently-appointed Commissioner/Chairwoman of the New York City Taxi & Limousine Commission.

THE TAXI ATTORNEY BY MICHAEL SPEVACK

Hello everybody. This month I want article, but the idea is the same: YOU pared, and be careful. to talk about the necessity of fighting MUST HANDLE YOUR TLC OR TVB Thank you for reading my article. your DMV TVB tickets and TLC tick- TICKETS or you will face negative con- Until next month and always, be well. ets during the pandemic. sequences. If you fail to properly pay These are troubling times. As I attention to your tickets you can be ar- write this, COVID cases are relatively rested and jailed for failure to pay fines low in the NYC metro area right now, or respond. but as of early August there is some PAY ATTENTION TO THEM! Michael Spevack is a 1992 graduate of sense that there might be a second If you have any questions about NYU School of Law and has been a wave ready to hit in September when what to do – either if you have received lawyer in good standing in New York State since 1993. He has been helping you are likely reading this article. a letter from DMV or TLC or because for-hire vehicle drivers in New York City The traffic violations bureau, an you have lost your paperwork, etc. – since 1995, when he opened his own law arm of the NYS DMV, operates traffic please contact me so I can help with firm dedicated to “helping individuals, courts in NYC and OATH, which oper- your issue. I will not charge a fee, un- not large corporations.” Mr. Spevack can ates TLC court. Both are open in semi- less and until I need to perform legal be reached at 212.754.1011; he also wel- modified ways for hearings on your work for you. comes visitors to his office at: tickets. Please do not blow off your obliga- 97-77 Queens Blvd, Suite 1120, I am not certain that TLC or TVB tion to respond to tickets during these Rego Park, NY 11374. will be open when you are reading this crazy times. Be professional, be pre- SEPTEMBER 2020 • TAXI & LIVERY TIMES • 17 DEFENSIVE DRIVING MAINTAINING GOOD HEALTH, PLUS INDUSTRY-RELATED ACCIDENTS

BY BERTRAM MERLING LOSS CONTROL COORDINATOR, HEREFORD INSURANCE COMPANY

This month, we address the impor- respond to a street hail. code, policy number, and expiration tance of keeping yourself healthy, along • Always signal when you are chang- date. with tips to avoid accidents and what to ing lanes to respond to a street hail. • Witness’s names, addresses and do in the event one does occur. • Always obey the law. If you are not phone numbers. permitted to respond to street hails, • The phone number and precinct Health is Wealth the vehicle behind you will not antic- number of all responding police offi- Experts agree that maintaining a ipate you making a sudden stop to do cers, along with the accident report healthy lifestyle is your best defense so. number. against stress. • Always anticipate your passenger • The name, address and phone num- • Try to fit at least 20 minutes of aero- making an unannounced abrupt and ber of any medical facility anyone in- bic activity into your schedule three unsafe exit due to excess traffic con- volved is taken to from the scene by to four days a week. ditions. ambulance. • Eat well balanced meals – more • Never eat, drink, or use a tablet or • The name, address and phone num- grains, nuts, fruits, and vegetables. cell phone while your vehicle is in ber of any tow trucks responding to • Do your best to get a good night’s motion. and removing vehicles from the sleep every night. • Always read your GPS prior to start- scene. • Avoid too much caffeine, alcohol, and ing your trip. If you must refer to di- • Take pictures of all vehicles involved. sugary drinks. rections, pull over to a safe area first. Make sure you get the point of im- • Avoid cigarette smoking entirely. (This may not be necessary for voice- pact and all sides of all vehicles in- Smoking cigarettes not only affects active GPS.) volved from all angles. Take photos your health, it affects your coordina- • Always anticipate inexperienced of any skid marks, traffic signals, tion and concentration. Smoking drivers behaving unsafely. Always be and any related factors that may while driving can cause you to drive prepared to take defensive and eva- have caused the accident. Take pho- unreasonably fast or slow and may sive actions in the event you en- tos of the scene from up close and cause you to weave in and out of traf- counter such a driver. from a distance. Photograph nearby fic. Smoking and second-hand smoke • Never follow a handsome cab too buildings and stores as witnesses contribute to lung cancer, heart dis- closely or blow your horn in its vicin- may have witnessed the accident ease, emphysema, and general poor ity. Horses react erratically to abrupt from inside and were unable to come health. It also contributes to the high actions and noises. forward at the scene. cost of health insurance. • Under no circumstances should you In the Event of an Accident, attempt to settle the accident at the Special Industry Related Accidents Please Obtain the Following scene by offering to or accepting cash • Taxis should always cruise for a pas- • The names of all drivers and passen- from any involved driver or passen- senger in the extreme right or left gers involved – plus addresses, li- ger. lane. cense numbers and phone numbers. • If you don’t have it already, please • Always obey posted bus lane restric- • The vehicle owner’s name, address obtain your passengers’ contact infor- tions. Red zone cruising can result in and phone number – if different from mation prior to them leaving the a moving traffic violation. driver. scene so they can be contacted on • Never speed up to run a red light to • Insurance company names or 3-digit your behalf, if necessary.

Bertram Merling is the Loss Control Coordinator for Hereford Insurance Company. He welcomes your questions and comments, and can be reached at 718.361.9191 ext. 7235, or via email at [email protected]

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An Insider’s Look at Both NYC TLC Regulated Industries FOR BREAKING NEWS! 18 • TAXI & LIVERY TIMES • SEPTEMBER 2020 IATR OUTLOOK THE POST-PANDEMIC FUTURE FOR ELECTRIC VEHICLES BY PROFESSOR MATTHEW W. DAUS, ESQ. The future of Electric Vehicles (EVs) was The environmental movement in the fuel vehicle policy. something that was unclear a little over a U.S., which started in the 1970s, did not gain We are now at a turning point in U.S. decade ago. With the advent of the Great Re- mainstream or significant traction with re- history, with the results of the Presidential cession, many were predicting that hybrid- spect to alternative fuel vehicles until the and Congressional elections setting the stage electric vehicles would be competing with 2000s, with the announcement of PlaNYC in for federal, state, and local sustainability pri- hydrogen-fuel cell technology and other New York, with many other cities developing orities. The anti-car culture movement’s crit- forms of alternative fuel. sustainability plans, and with cities and pri- icisms are partially blunted and resolved by Of course, EVs were in the mix, but mid- vate companies alike hiring Chief Sustain- zero-emissions vehicles such as EVs, and way past the last decade, Compressed Natu- ability Officers to “go green.” manufacturers like Tesla and others are ral Gas (CNG) started to emerge as a viable Celebrities in Hollywood were driving to pushing for more infrastructure, longer-last- option in the U.S. due in part to the country’s awards shows and around town in Toyota ing battery life, and even more attractive ve- energy independence movement, an increase Priuses, and commercials and the fuel-effi- hicle designs, including convertibles, trucks in the fracking business to provide local jobs, ciency of hybrid-electrics made economic and sports cars; something that was not pos- and increased fueling infrastructure (espe- sense before the Great Recession (and sible only a decade ago, as U.S. manufactur- cially for truck and vehicle fleets and on the through it) due to the high cost of fuel in the ers were far behind Honda and Toyota on west coast in California). 2000s. vehicle battery technology. The Gold Standard for alternative fueled In the mid-2000s, as part of PlaNYC, for- The times have changed, and are contin- vehicles established by the California Air Re- mer New York City Mayor Michael uing to change in the direction of EVs. How- sources Board (CARB), coupled with Federal Bloomberg and I announced the hybrid-elec- ever, without proper and smart political laws and regulations with more stringent tric vehicle miles per gallon fuel-efficiency support by elected officials and sound policy, emissions standards during the Obama Ad- mandate for taxicabs, and later for for-hire we may not realize the emissions reducing ministration, led to various efforts by manu- vehicles, with other cities following suit. The policies that would help blunt any increased facturers over the years to introduce taxi industry brought a successful lawsuit congestion resulting from the COVID-19 increasingly more clean and efficient vehicles against the Mayor, myself, and the New York pandemic, which has caused people to feel (i.e., Super-Ultra Low Emissions Vehicles or City Taxi & Limousine Commission (TLC) to safer taking personal motor vehicles (PMVs). “SULEVs”; and Ultra-Low Emissions Vehi- strike down the TLC’s mandate. In the in- Researchers at Vanderbilt University have cles or “ULEVS”). So, across the board, while terim, up to 63% of the TLC taxi fleet became predicted a sweeping modal shift to single- all vehicles have become cleaner and more hybrid-electric, and since 2018 there are occupancy vehicle commuting, resulting in fuel efficient, with federal emissions stan- more than 30,000 hybrid TLC vehicles on the the risk of extreme traffic in large metro dards being met and exceeded, there is still road. areas. a growing and revived sustainability political The green movement of the early 2000s The mobility trend report from Apple for movement, with the stage being set by the experienced serious setbacks during the several major U.S. cities seems to support “New Green Deal” plan put forward by U.S. Great Recession, when a different type of this prediction. As shown in Figure 1, the re- Representative Alexandria Ocasio-Cortez “green” (the dollar) became a primary con- covery of public transit is trailing signifi- and supported by U.S. Senator Bernie cern for Americans. Nevertheless, other cantly behind driving, which has returned to, Sanders, and the Presidential election of countries around the world before then, and and even surpassed, pre-pandemic levels. 2020, which may determine the course of during that timeframe, continued to make EVs during the next decade. strides well ahead of America on alternative

Figure 1 NYC LA Chicago

Houston Phoenix Philadelphia SEPTEMBER 2020 • TAXI & LIVERY TIMES • 19

As cities are gradually emerging from S, Chevrolet Volt, Nissan Leaf, and Toyota that it is a “given” that the autonomous ve- lockdowns, there is a very real risk of a spike Prius Prime – account for nearly 60% of all hicle (AV) movement will include mostly all in car traffic. If people are going to abandon EV sales. That said, EVs account for only EVs – working hand-in-hand so much con- mass transit in the short or long term, post- 1.3% of all cars sold in the U.S. The percent- ceptually that the industry and academic ter- pandemic, and use more for-hire vehicles, age of EVs is much higher in other countries, minology speaks of these vehicle technologies taxicabs, Transportation Network Company accounting for 2.6% of global new vehicle together as Connected and Autonomous (TNC) vehicles, or PMVs, then there is an op- sales last year. Electric Vehicles (CAEVs). To this point, Re- portunity now for the government, working The actual number of EVs on the road, thinkX published a report predicting that by with private industry, to make a profound however, paints a more optimistic picture. 2030, within 10 years of regulatory approval change benefitting the environment and to Despite the drop in the number of EVs sold of AVs, 95% of U.S. passenger miles traveled allow the U.S. to play catch-up, and even ex- in 2019, Figure 3 shows that the number of will be served by on-demand CAEVs owned ceed EV usage in other countries. EVs on the road increased steadily from 2011 by fleets, not individuals, in a new business The inspiration for this article was a re- to 2019. In fact, by the first quarter of 2019, model known as Transportation-as-a-Service cent webinar hosted by Companies for Zero there were close to 1.2 million EVs on the (TaaS). Waste, titled “Emerging Technologies Accel- road in the U.S. erating Circularity.” The program was a two- What, then, is the EV market outlook for Factors Affecting EV Adoption hour, virtual think tank on the global EV 2020? Not surprisingly, U.S. car sales fell Political Support industry (the recording can be accessed sharply in the first three months of 2020 due Beyond the market forces described in here). to the COVID-19 pandemic. By April 2020, the preceding section, government support Panelists included OEM representatives, EV sales were down 55%. The pandemic is will prove crucial in getting EVs up and run- corporate sustainability and supply chain di- undoubtedly set to cause a major downturn ning. The regulatory outlook of EVs is not so rectors, investors, consultants, policymakers, in global auto sales in 2020 – and EVs are much a question of the pandemic, as it is who and regulators. I was one of the speakers not exempted. Furthermore, the recovery in sits in the White House on January 20, 2021. during the webinar, and shared my thoughts EV sales is likely to be slower in the U.S. If it is the present occupant, then the future on the regulatory climate with respect to pro- than in other major regions, as automakers for EVs may be much, much slower in com- moting EVs in the U.S., in addition to note- delay the launch of new models and con- ing to fruition. The Trump administration worthy initiatives by federal, state, and local sumers cling to internal combustion engine has made clear of its intent to end the federal governments. This article expands on that (ICE) vehicles due to low oil prices. tax credit (of up to $7,500) for EVs, and re- discussion by exploring the various factors The EV market will be bumpy over the search has shown that ending incentives for that shape the future of EVs. Specifically, the next few years. Nonetheless, the long-term EVs prematurely can harm their growth. key dimensions of the EV industry that sup- trajectory has not changed, with price parity The other consequential action by the Trump port greater EV adoption include market between EVs and ICEs expected by the mid- administration is the rollback of federal fuel forces, political support, public policy and dle of this decade, primarily due to the falling efficiency standards earlier this year, and regulation, private sector innovation, and cost of batteries and automakers’ optimiza- this risks creating uncertainties for U.S. au- public-private partnerships. Several interna- tion of their manufacturing processes, with tomakers and might put them at disadvan- tional case studies worth emulating will be expected increased profitably due to tage in a global market that is trending covered. economies of scale. Increases in the driving towards EVs. Over the past few years, nine range of EVs and the expansion of charging countries, including the U.K., France, and EV Market Outlook infrastructure may further boost public ac- China, have announced eventual bans on Sales of EVs have been growing steadily ceptance. ICEs. over the past ten years in the U.S., but sales Looking forward, the Light-Duty Vehicle If former Vice President Joe Biden wins reached their zenith in 2018. That year, the (LDV) sector may remain the primary seg- the election, then there may be a higher like- total number of EVs sold shot up 81% from ment in the EV market. LDVs are certainly lihood of an EV ramp-up. On July 4, 2020, 2017. Plug-in electric vehicles hit a record of the direction where Tesla and the other au- Biden revealed details of a $2 trillion climate 361,315 sales —approximately 17% of global tomakers have been heading. Batteries still plan, which would create one million jobs in EV sales in 2018. In 2019, sales started take up around 30% of the cost of an EV, so EV manufacturing. The plan would also cre- strong the first half of the year but declined any major reduction in their cost will have ate replacement schemes to subsidize U.S. beginning in July due to falling fuel prices. significant impact on the price of the vehicle. consumers with rebates to swap old, less-ef- As a result, the total number of EVs sold in Beyond passenger cars, delivery vans, two- ficient vehicles with EVs built from materi- 2019 was roughly 10% lower compared to wheeled vehicles -scooters, mopeds, and mo- als and parts sourced in the U.S. 2018. torcycles – along with municipal buses, are Other spending commitments on auto- As shown in Figure 2, the Tesla Model 3 heading for electrification at a relatively fast mobile infrastructure include building half a alone is responsible for almost 40% of all EV pace, and will accelerate further over the million EV charging stations. It is interest- sales in 2018 and 50% in 2019. In terms of next 10 years. There is a growing sense that ing to note at this point that unlike other market share, Tesla, GM, and Nissan ab- heavy-duty vehicles and pick-ups are headed emerging technologies, such as connected solutely dominate the U.S. market: the top for electrification as well. and autonomous vehicles, EV proliferation five EV models – Tesla Model 3, Tesla Model Also, there is a growing frame of mind policy is inextricably intertwined with polit-

Figure 2 Figure 3

Source: Transportation Research Center at Argonne National Laboratory Source: Edison Electric Institute

Continued on page 28 20 • TAXI & LIVERY TIMES • SEPTEMBER 2020 Continued from page 27 ical ideologies. Policies enacted at the high- Drive Clean Rebate, which provides up to Public-Private Partnerships (P3) est office in the land, whether in favor of fos- $2,000 for the purchase or lease of an EV. One good example of a public-private sil fuel or clean energy, will prove to be either The second problem to tackle, often de- partnership (P3) approach is the EV Shared a potent barrier or enabler of EVs. This is be- scribed as the “chicken or egg” problem, is Mobility project. This project is led by the cause the manufacturing process and a the availability of charging infrastructure. City of Seattle and Atlas Public Policy, and plethora of funding for states is available to This moniker came about due to the conun- it brings together the U.S. Department of assist a comprehensive national plan, al- drum that EVs will not be popular until Energy’s Energy Efficient Mobility Systems though many states and cities have already charging networks are readily available, and program and major industry stakeholders been committed to EV proliferation through charging will not be widely deployed until with the cities of Seattle, New York, Port- policy incentives. EVs are popular. There are now 26,000 pub- land, and Denver to test different electric, For example, to highlight the potential lic charging stations in the U.S., with more shared mobility interventions. As part of partisan divide on this issue, Senator Mitch than 84,000 plugs, but will this enough? Seattle’s ride-hail outreach efforts, work- McConnell recently mocked the City of Mal- To spur more installations, New York shops on the benefits of EVs and the process ibu on the Senate Floor for wanting to use State has introduced the Charge Ready pro- of acquiring EVs are being held in collabora- stimulus money to buy a new electric fleet. gram, which offers a rebate of $4,000 per tion with a driver advocacy group called charging port for standard Level 2 charging Drive Forward. Seattle also submitted a pro- State/City Initiatives stations. Stations can be located in public fa- posal to the Department of Energy to re-pur- Even in the absence of a consolidated fed- cilities, workplaces, or multi-unit dwellings. pose its funds to conduct a shared mobility eral mandate towards clean fuel, the adop- In addition, the New York Power Authority electrification needs assessment. This as- tion of EVs is still possible through the has set aside $250 million to build Level 3 sessment would identify barriers to making initiatives of public and private sector enti- fast-charging stations across the state all shared mobility options electric by 2030, ties. The first problem to tackle is the supply through 2025. including for-hire transportation, car share, and demand of EVs. Leading the charge on The initial goal was to install 200 charg- bike share, and scooter share. this is, of course, the Golden State of Califor- ers by the end of 2019, but that deadline has nia, which is well known for its ambitious cli- been extended by a year. More recently, Gov- International Case Studies mate and energy goals. ernor Andrew M. Cuomo announced a new Europe To address the supply side of the equa- “Make-Ready” program that will improve EV Looking beyond the U.S., there are sev- tion, California has led the nation through economics for developers by covering up to eral international cities representing leading its Zero-Emission Vehicle (ZEV) mandate, 90% of the costs to make a site ready for EV paradigms for EV transport. On the top of which requires manufacturers to sell a charging. Table 1 summarizes some of the the list is Oslo, Norway, which, as of July steadily increasing share of EVs each year in key incentives available today. 2020, has the most EVs per capita in the order to be allowed to sell ICE vehicles. Cur- world (approximately 18%). With over 3,000 rently there are 12 states that have adopted Private Sector Innovation public charging points per million popula- the ZEV program: California, Colorado, Con- The proliferation of charging infrastruc- tion, the EV share of sales is around 60%. necticut, Maine, Maryland, Massachusetts, ture would not be possible without the pri- How did they get there? Oslo’s plentiful New Jersey, New York, Oregon, Rhode Is- vate sector. In late 2016, Volkswagen created incentives include zero-rated purchase tax land, Vermont, and Washington. Electrify America with $2 billion in funding and no value added tax (VAT) charged on Altogether, these states represent nearly as part of its emissions scam settlement with EVs, free passes on toll roads, access to bus 40% of new vehicle sales in the U.S. Five the U.S. and California. It has committed to and taxi lanes, free parking on municipal more states are about to do the same: Min- a goal of building hundreds of stations and parking spaces, and free travel on ferries nesota, New Mexico, Colorado, Ohio, and Ne- installing 2,000 chargers by the end of 2020. that are part of the national highway system. vada. To spur the demand of EVs, California Figure 4 shows the number of public charg- Amsterdam, on the other hand, has been has introduced the Clean Vehicle Rebate ing connections by network provider. Elec- handing out freebies, including charging sta- Program, which offers rebates up to $7,000 trify America currently comes in second after tions, to residents who help rid the city’s for the purchase or lease of new EVs. Less Tesla. streets of internal combustion engine (ICE) generous but still competitive is New York’s vehicles. EV owners that do not have their

Table 1 Figure 4

Data Source: Alternative Fuels Data Center SEPTEMBER 2020 • TAXI & LIVERY TIMES • 21 own charging station at home will be able to provements. It is undeniable that EVs would not be request the city to install one for free at a lo- In Singapore, the Land Transport Au- experiencing the exponential growth over the cation of their choosing, provided it is acces- thority (LTA) has introduced electric taxis, last decade without government backing. sible to the public. electric buses, and an electric car-sharing Unfortunately, EVs have become increas- Among the other benefits available to EV program in its quest to contribute to better ingly controversial – what was once per- owners in Amsterdam include parking per- air quality and improve the environment. In ceived as transitional technology has now mit prioritization. Starting from July 1, 2017, the LTA launched a trial fleet of 50 taken on distinctly political overtones. The 2020, residents of the Netherlands will be el- electric taxis that has since been issued a Presidential election is a major inflection igible for a €4,000 ($4,425) subsidy to pur- full-service operator license and is expected point in this process. However, to blunt the chase a new EV and €2,000 ($2,211) to to grow to 800 electric taxis by July 2022. In expected impact of increased post-pandemic purchase a second-hand EV. 2018, the LTA rolled out 50 pilot hybrid vehicle proliferation, state and local govern- London has undertaken a novel approach buses to better understand the operational ments will need to make key decisions, with to increase the appeal of EVs. In 2019, the and technical challenges that come with the or without federal support or funding, which city created the Ultra Low Emission Zone wider deployment of such buses under the could very well have a significant impact on (ULEZ) in central London, which operates tropical climate and traffic conditions in Sin- EV proliferation. 24/7, year round. Vans, large trucks, coaches, gapore. Lastly, the LTA, together with the The public-private partnership model is buses, cars, motorbikes, and all other vehi- Economic Development Board (EDB), cre- also an effective path for fleet electrification cles that enter the zone must meet the ated the nationwide electric car-sharing pro- and development of charging infrastructure. stricter emission standards or pay the daily gram BlueSG (a subsidiary of the Bolloré All said, the benefits of EVs are undeniable, ULEZ charge. To avoid paying the charges, Group), with the express goal of deploying as they help improve fuel economy, reduce one would need to have an EV or at least a 1,000 EVs and building 2,000 charging emissions, and increase energy security, so Euro 4 petrol-engine car or Euro 6 diesel-en- points by 2020. As of August 2020, BlueSG we should not lose sight of this next revolu- gine car. As shown in Figure 5, the introduc- has reached its one-millionth rental since its tion in transportation. Yet, there must be a tion of the zone has caused 22.8% of those launch in 2017. multi-tiered policy approach employing as surveyed to switch to low-emission vehicles. many incentives as possible, as was success- Conclusion fully implemented in many countries, and es- Asia EVs are, without a doubt, poised to reach pecially Norway. Federal, state, and local Shenzhen, China is another city that has a high degree of mass adoption over the next incentives, coupled with pro-EV transporta- pursued vehicle electrification aggressively. decade with the onset of technological matu- tion policies (such as HOV, or high occupancy In 2009, the city initiated its New Energy Ve- rity and substantial commercial applications. vehicle lane usage, parking preferences, land hicles Plan, an innovative business model Taxicabs, black cars (other for-hire vehicles), use planning for increased EV charging in- that mobilizes vehicle manufacturers, grid and TNCs may be prime candidates for elec- frastructure, and congestion pricing exemp- companies, and bus and taxi operators to trification given the fact that TNC trip pro- tions), could truly make a difference to chart transition to electric, hybrid, and fuel cell ve- liferation often replaces less-polluting a course from the U.S.’ current state to Nor- hicles. By the end of 2017, all public buses in transportation modes, such as walking, bik- way! the city were electric. By January 2019, ing, and mass transit, and has created a con- nearly 95% of the city’s more than 21,000 gestion crisis in most major U.S. cities. In taxicabs were powered by batteries. For the addition, TNCs accounts for up to 14% of ve- Professor Matthew W. Daus, Esq. is President, uninitiated, Shenzhen hosts the headquar- hicle miles traveled in some cities, and this International Association of Transportation ters of BYD, a prominent electric car maker number is expected to grow rapidly. Regulators (http://iatr.global/); Transporta- in China backed by Warren Buffett. The city There does not appear to be any wide- tion Technology Chair, City University of New York, Transportation Research Center at The is not alone in its pursuit of electrification of spread plans by a private company or gov- City College of New York fleets; as there are a dozen other EV pilot ernment regulator to push incentives or (http://www.utrc2.org/); and Partner and cities in China. China is undoubtedly the mandates in the for-hire vehicle, taxicab, or Chairman, Windels Marx Transportation Prac- largest EV market on the planet today, and TNC arena. As cities move toward congestion tice Group (http://windelsmarx.com). He can is tying subsidies to improving range and pricing, EV fleets should be considered ex- be reached at [email protected] or 212.237.1106. power efficiency to foster technological im- empt to encourage proliferation.

Figure 5

Source: Bikesure 22 • TAXI & LIVERY TIMES • SEPTEMBER 2020 THE FISHBOWL WHEN THE TRUTH IS FOUND TO BE LIES BY LARRY FISHER

The Merriam Webster Dictionary de- that “truth isn’t truth” in an appearance Many of my former clients’ children were fines truth as: on Meet the Press during a discussion of able to advance their social class going (1): the body of real things, events, why President Trump should not submit to medical school or law school. And the and facts: ACTUALITY to a deposition by the Mueller special medallion was the vehicle towards that (2): the state of being the case: FACT Counsel Probe. advancement. (3) often capitalized: a transcendent Later, on CNN’s Chris Cuomo’s I used to take heat from some clients fundamental or spiritual reality broadcast, Cuomo said, “Facts are not in for being too direct and honest. I told Some political and social commenta- the eye of the beholder.” some borrowers the way things were tors say that the reason Americans are Giuliani’s response? “Yes, they are. without leading them on. Some borrow- so polarized is that we can’t even agree Nowadays, they are.” ers appreciated that I didn’t waste their on facts. Former New York Senator George Orwell’s book 1984, about a time. Others I told not to borrow due to Daniel Patrick Moynihan famously said, totalitarian state, contained a few exam- the onerous prepayment penalty they “Everyone is entitled to his own opinion, ples of autocratic gaslighting. would incur from their existing lender. but not to his own facts.” Because we re- “War is peace.” This served to enhance my credibility as ceive our news from separate silos, we “Freedom is slavery.” an honest broker or banker . are constantly fed news angled by the “Ignorance is strength.” So, if we lose the ability to determine particular leftward or rightward leaning Those few examples of doublespeak fact from fiction because our leaders lie network, newspaper, or platform. And rival the infamous Kellyanne Conway directly to our faces, or tell us half- because this seems to be known, one side remark that “He has alternative facts.” truths that are unprovable either way, automatically discredits the other by Opinion is one thing, but facts are… then we will lose faith in our leaders and virtue of their source. well, facts. 2 + 2 = 4, no matter how you ultimately in each other. Or, have we al- Ask around, and let me know who slice it. ready reached that point? your friends and family say is an honest Immigrants to our country have long During the George W. Bush admin- broker of information without an axe to suffered at the hands of autocrats from istration, there was a term of art called grind. I have, and the field is largely Haiti’s Duvalier family to Russia’s long “truthiness,” which is defined as the wide open. line of dictators like Stalin, Khruschev quality of seeming or being felt to be It doesn’t help when the politicians and Brezhnev. The repression in these true, even if not necessarily true. That of the day lie straight to our faces even nations is largely the cause of their em- dangerous development is the forefather when the lies are easily disproven. The igration here. They don’t really believe of the current situation we find our- gaslighting is designed to exhaust us, to the streets are paved with gold. Immi- selves in regarding the incessant make us disbelieve our own eyes and grants have always held out hope that gaslighting. ears, and to ultimately cede power to the their children’s lives would have a There must be someone or something authorities. Former New York City chance at success if they emigrated to we can all believe in, to have faith in, or Mayor Rudolph Giuliani didn’t help mat- America. we will simply wither away as a free na- ters a couple years ago when he declared In the taxi industry, that was true. tion.

Larry Fisher entered the NYC transportation industry in 1982 as a yellow taxi driver, and has also worked as a black car driver. In 1987, he became a lender for Progressive Credit Union, then took the position of lending supervisor in 2003 for Melrose Credit Union – which he held until he retired in 2016. Currently, Mr. Fisher is a consultant for his own firm, LAF Consulting Services Corp. He can be reached at: [email protected].

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24 • TAXI & LIVERY TIMES • SEPTEMBER 2020 NEWS DRIVERS WORRIED AS NYC CLOSES MORE STREETS TO CARS New York City’s expansion of its Open and loading zones, all that represents an Transportation Advisory Council – added Streets program has provided relief to so- issue of reeducating our community, of that she hopes the city reminds people the cially-distancing New Yorkers, along with reeducating our drivers.” FHV industry is a safe option, even more many cash-strapped bars and restaurants. so since drivers started to equip their cars In addition to shutting down a growing with partitions and taking other safety number of streets to cars, the city also ex- measures: “The city is geared up to have panded bus lanes and busways, and de- no vehicles on the road, and is using more mand for bikes has skyrocketed. of an approach on bikes and walking and While many residents and commuters open streets, which we support because have yet to return to NYC since the initial the community needs that space, but at pandemic-related shutdown, some streets the same time, we provide an essential are already getting crowded due to the service in the city because many people Open Streets program. This adds to the fi- still refuse to go on mass transportation.” nancial and health-related stress of For- Recently, the mayor advised New York- Hire Vehicle (FHV) and Taxi drivers, as ers not to buy new cars, and encouraged access to more roads is blocked off. “mass transit, biking [and] walking” – but “Our drivers have been awakened to a FHV and Taxi drivers desperately need a new norm: smaller streets, more space for boost as well. From late March to May 31, buses, more space for bikes,” explained the Department of Motor Vehicles – with Cira Angeles, spokesperson for the Livery some exceptions – only processed new reg- Base Owners Association. “When new istrations for essential workers, making busways, new streets are closed, and also Ms. Angeles – who serves on Mayor FHVs and Taxis an essential option. new spaces are given for delivery trucks Bill de Blasio’s newly formed Surface Source: NY1

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97-77 Queens Blvd., Suite 1120 Rego Park, NY 11374 FOR • p 212-754-1011 BREAKING www.traffic-summons.com I can help you with TLC NEWS! and in Criminal Court. SEPTEMBER 2020 • TAXI & LIVERY TIMES • 25 NEWS GRIDLOCK SAM’S “RIBBON BRIDGES” GAIN SOME FANS The engineering firm of Samuel “Grid- the 59th Street Bridge – the site of a long riding on the Triboro Bridge, but cur- lock Sam” Schwartz recently floated a pro- struggle for more space for cyclists and rently, they can only legally walk their posal for three dedicated pedestrians, who now share a dangerously bikes across it. bicycle/pedestrian bridges linking Man- crowded path. But, if its Queens-side en- Schwartz calls his ribbon bridges hattan to Long Island City, Downtown trance hugged the waterfront, the pro- cheap at the price, especially given that Brooklyn, and New Jersey. The so-called posed ribbon span might confer some current crossings allow for a very limited “ribbon bridges,” named for their light- advantages for cyclists seeking more di- future growth of biking. weight steel construction, would cost rect routes to Manhattan from the west- Source: Streetsblog about $100 million apiece and would pro- ernmost edge of Queens, including those vide a ready solution for the burgeoning approaching from Vernon Boulevard in number of walking and cycling com- the north and the Pulaski Bridge in the muters, carrying 20,000 commuters each south, experts say. DRUNK TROUBLEMAKER daily, Schwartz’s team says. Similarly, Schwartz’s proposed ribbon The proposal addresses a pressing bridge connecting Brooklyn and Lower IN CANADA MISTAKES need: If bike commuting continues its rate Manhattan would have a central exit at of growth, congestion on the existing Governors Island. It could connect Battery COP CAR FOR FHV bridges “would reach conditions of bike- Park and Red Hook, by following the route After locals called the cops on a lock; ultimately many would be forced to of the Brooklyn-Battery Tunnel. Such a drunken troublemaker in Manitoba, walk their bikes; many more would give bridge would offer new options for bikers Canada, he fled and tried to make his up.” and pedestrians going to and from Brook- getaway by hopping into the back of Transportation advocates, who for lyn, with an access point further south what he thought was a For-Hire Vehicle. years have pushed for more room for walk- than the Brooklyn and Manhattan Instead, it was a police cruiser that had ers and bikers on the existing spans into bridges, and making West Street and the been called to the scene because of a Manhattan, were unimpressed by the pro- Hudson River Greenway more accessible. “disturbance,” that was looking for him. posals, however, citing pandemic-related Schwartz also proposed a “Take me to 17th St., bro,” the budget restraints and the need to “keep it Hoboken/Jersey City ribbon bridge across unidentified 19-year-old told the officer, simple.” However, others are warming up the Hudson to Midtown but did not specify around 5:00am on an August Sunday to the idea of the proposed bridges, which where he would locate it. morning. According to Royal Canadian they say could cut travel times for some Schwartz did not propose a Bronx- Mounted Police in Manitoba. routes, making cycling more desirable and Queens ribbon, but such connections are “Police obliged and taxied him to the increasing ridership. This could benefit needed, according to some. Even as Bronx- detachment, where he was held until he transportation citywide. Queens commuting grows, there is now no was sober,” Manitoba police reported. The proposed Queens Ribbon was ini- legal way to bike the existing crossings. “He was released without any charges.” tially criticized because of its proximity to Cyclists have pushed for legalizing bike Source: MSN News

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Just email [email protected] with the subject line “SUBSCRIBE” to be added to our distribution list. 26 • TAXI & LIVERY TIMES • SEPTEMBER 2020 NEWS TLC OFFERS IMPORTANT DRIVER SAFETY TIPS AS CRIME SPIKES The New York City Taxi and Limou- • The most violent assaults have been by stallers. sine Commission (TLC) recently launched passengers who were not dispatched • If you are a black car or luxury limou- a process allowing TLC-Licensed Drivers by a licensed base. Accepting trips that sine driver, a dashboard camera (dash- to report physical and verbal assaults. were not dispatched by a licensed base cam) records events that occur on the TLC works closely with New York City Po- is dangerous, and you are potentially road and inside your vehicle. It is help- lice Department “to ensure that anyone putting yourself at risk if you illegally ful in an event of a car crash, or if you who assaults a Driver is brought to justice pick up a passenger. Additionally, New have a negative interaction with a pas- and that Drivers who are victims of verbal York State workers’ compensation senger. and physical attack or robberies receive benefits are only available for TLC-li- the assistance and advocacy they deserve.” censed drivers who become injured If an incident does occur, the TLC rec- The TLC urges drivers who feel in dan- while completing a trip dispatched by ommends that drivers: ger or are the victim of a crime to immedi- a licensed base in a TLC licensed vehi- • Maintain eye contact, if possible ately call 911. cle. • Try to keep a safe distance from the “Filing a police report is important so • When starting a trip, always make eye person law enforcement can investigate and pre- contact and greet the passenger. This • Be aware of their body language vent future incidents from occurring,” the is important if you need to identify the • Remain calm; and when speaking, use TLC stated. “After you have called 911, passenger in case of an incident. a tone lower than your attacker please report it to TLC at tlcexternalaf- • If you are a yellow taxi, green taxi, or [email protected]. We can help connect you livery driver, you can either have a “Remember, the most important trip with important services for crime victims.” partition or an approved in-vehicle you will take is back home to your loved The TLC also offered tips to help avoid camera system installed. Visit the ones,” the TLC stated. potentially dangerous situations: TLC website for a list of approved in- Source: NYC TLC

FIREFLY ACQUIRES TAXI ROOF RIGHTS AFTER BATTLING FHV AD BAN Firefly, a San Francisco–based startup the time. Firefly picked up a part of that islation stalled after a tense hearing in that has pushed for New York to allow ad- business last year when it acquired the January, in which yellow-cab drivers told vertisements on For-Hire Vehicles rights to the roughly 300 digital taxi-top the council that ads from FHV drivers (FHVs), says it now holds the rights to ads run by Strong Outdoor. The new would saturate the market. nearly half the rooftop ads on yellow and agreement gives Firefly full control over Firefly supported the bill and testified green cabs. The company announced in the company’s analog taxi-top ads as well. that it had paid about 25 drivers $300 August a deal to acquire the outdoor ad- The move comes after Firefly was in each month for the right to their ad dis- vertising business of Strong Outdoor, the middle of an advertising battle over a plays before the ban was enforced. which holds the rights to about 3,500 ads bill to allow For-Hire Vehicle (FHV) driv- TLC spokesman Allan Fromberg con- on taxi roofs. Firefly says the deal gives it ers to display ads on their car. A small firmed the rule is still in effect. The TLC control of advertising for roughly 45% of number of FHV drivers had signed deals described the rule as a way to “rein in ad- taxi-top media in the city. with Firefly last year before the city’s Taxi vertising in the public sphere.” Strong Outdoor acquired the rights to & Limousine Commission reinstated a Firefly’s digital displays are program- advertise on taxis in 2018, through a deal ban on the practice. mable based on location, which means ad- with the Metropolitan Taxicab Board of City Councilman Ydanis Rodriguez, vertisers can buy placements designed for Trade, an association representing owners head of City Council’s Transportation certain neighborhoods. and operators. The deal included about Committee, proposed a bill at the start of 3,500 of the 9,000 taxis with rooftop ads at 2020 to negate the TLC policy. But the leg- Source: Crain’s New York Business

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An Insider’s Look at Both NYC TLC Regulated Industries FOR BREAKING NEWS! SEPTEMBER 2020 • TAXI & LIVERY TIMES • 27 NEWS MTA TO END FHV PROGRAM IN SEPT, CITING HIGH COSTS The MTA was set to end its temporary ple it was serving sporadically, and the service, the MTA said it is adding three For-Hire Vehicle (FHV) program, effective even smaller population it was serving more bus routes that mirror the more fre- Aug. 30 at 5:00am, leaving some New regularly. We have recently added three quented trips taken by FHV program Yorkers without options for overnight new bus routes – all of which we believe users: the B99, the M99, and the Bx99. transportation. The MTA cited high costs will significantly assist our overnight pas- The B99 connects Midwood in Brooklyn to and the fiscal crisis for ceasing operations. sengers in this transition.” Midtown West and follows a similar route “At the height of the pandemic, it was The FHV program was launched in to the 2 train. The Bx99 connects the critically important to ensure essential May as an alternative to overnight sub- Woodlawn section of the Bronx with Man- workers who were subway-dependent way service, which had been suspended so hattan’s West Village. The route travels could get to overnight shifts reliably, and subway stations and cars could be disin- on Jerome Avenue and down the east side without spending considerably more time fected and cleaned thoroughly during the of Manhattan much as the 4 train does. It on their commute than they were used to,” pandemic. Since the program began, then west on 57th Street and trav- said Sarah Feinberg, New York City Tran- roughly 1,500 customers have been using els south to the West Village. The new sit Interim President. “Given our signifi- the service per night, costing the MTA M99 route runs between East New York, cant financial challenges, we are over $6 million. The average cost per trip Brooklyn, and Hell’s Kitchen, via 14th unfortunately no longer able to provide was estimated at $49. Street in Manhattan. this service to the limited number of peo- For those who came to rely on the FHV Source: AM New York

NYC COUNCIL APPROVES BLACK CAR/LIVERY TASK FORCE New York’s City Council approved the would be required to hold at least one pub- gory to add vehicles based on demand, to creation of a Black Car & Livery Task lic hearing and issue a report with recom- avoid adding so many vehicles that it Force in late August, by a 47-0 vote. The mendations for “identified challenges.” hurts current TLC-licensed driver in- bill was sponsored by Council Member The formation of the task force is ex- comes. Those vehicles would only be al- Ydanis Rodriguez, establishing “a short- pected to move quickly, and interested lowed to work for a specific base or term task force that would study chal- parties are waiting to see who gets ap- industry category. lenges to the viability of the Black Car and pointed and the degree drivers will get a Rodriguez, who also chairs the Trans- Livery industries, as well as the impacts say in what it accomplishes. In addition to portation Committee, has already shown of advertising and the viability of adver- the issue of advertising as a source of rev- support for such a measure, including cor- tising as a source of revenue for Black Car enue, the group is expected to address the recting other issues related to the current and Livery drivers.” impact Uber and Lyft have had on tradi- FHV license cap. The task force will be comprised of 11 tional FHV bases and the future of the The bill (Int. No. 1865-A) will now go members, including Aloysee Heredia Jar- FHV cap. to the Mayor, who has 30 days to either moszuk, Chairperson of the NYC Taxi & “Restricted” FHV licenses, sought by sign it into law, veto it, or take no action. Limousine Commission (TLC), or her de- traditional bases in the past, could also be If the Mayor doesn’t sign or veto the bill signee, as well as individuals appointed by a topic of discussion. A restricted FHV li- within 30 days, it becomes law and it the Mayor, the Speaker of the Council, cense would essentially allow bases that would take effect immediately. and the Public Advocate. The task force don’t fall into the High-Volume FHV cate- Source: TLCMKT

ATIC DIRECTOR OF SPECIAL INVESTIGATIONS UNIT JOINS NYS CHAPTER OF THE NYSSIU BOARD OF DIRECTORS The New York State Chapter of the port legislation that acts as a deterrent public we serve.” International Association of Special In- to insurance fraud crimes. Its mission is Ralph Bisceglia, ATIC President and vestigation Units (NYSSIU), a not-for- to promote a coordinated effort within Chief Executive Officer said, “We con- profit organization founded in 1997, has the insurance industry to combat insur- gratulate Edward on this important ap- recently welcomed Edward Ku- ance fraud, as well as develop and pro- pointment. ATIC has a long-standing rathowski of American Transit Insur- mote awareness of the rampant problem commitment to our clients to provide ex- ance Company (ATIC) to its Board of of insurance fraud by providing educa- cellent service at a fair price. Insurance Directors. tion and training seminars throughout fraud is a crime and a threat to all of us.” On July 31, Kurathowski joined New York State. Kurathowski joined ATIC in 2019 as members of local, state, and federal law Edward Kurathowski, an insurance the Director of Special Investigations enforcement and prosecutors who are investigative professional for over 27 Unit. He has over 26 years of experience involved in or provide special expertise years, states, “Insurance fraud has be- in all areas of claim handling, claim in- or services, for the investigation and/or come increasingly sophisticated and its vestigation, major case investigations, prosecution of insurance fraud crimes. consequences negatively impact all of declaratory judgment actions, and the NYSSIU was founded to encourage us. I look forward to working with NYS- supervision of SIU Investigators and high professional standards of conduct SIU and supporting its mission to fight staff. among insurance professionals and sup- fraud and protect our industry and the Source: ATIC 28 • TAXI & LIVERY TIMES • SEPTEMBER 2020 PUT IN THE MILES, EARN THE REWARDS

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