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Vol. 36 No. 5 NNYCYC ““Re-Opening”Re-Opening” MAY 2021

After a devastating year, PPlannedlanned drivers and bases gear up as de Blasio plans to reopen stores, businesses, offices fforor JJulyuly and theaters at “full strength.”

Ira’s Insights: MAY 2021 • VACCINE ELIGIBILITY • NYC RE-OPENING • SPIKE IN DEMAND FOR RIDES • CAR-FREE STREETS • CONGESTION PRICING • 2ND DRIVER CHARGED FOR FRAUD Get Back to Life City Council May Bleisure Could Be the TLC to Continue FHV Without Pandemic- Forgive Some Way Forward for License Cap Until at Related Anxiety Parking Tickets Business Travel Least Aug. 2 • BLACK CAR NEWS • MAY 2021 MAY 2021 • BLACK CAR NEWS • 3 Attention NYC FHV Drivers:

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Visit City Livery Leasing, where you are always treated with the respect and care that you deserve. Choose From 4 Convenient Locations: Bronx Bronx Brooklyn Queens 1765 Carter Ave. 4309 3rd Ave. 270 43rd St. 31-00 4ththe Ave. 2nd Floor (at the corner of 179th St.) Brooklyn, NY 11232 LIC, NY 11101 Bronx, NY 10457 Bronx, NY 10457 718-618-0972 718-618-0972 718-618-0972 4 • BLACK CAR NEWS • MAY 2021 Neil Weiss EDITORIAL Editor/Publisher WILL NYC’S “RE-OPENING” GIVE OUR INDUSTRY THE SHOT IN THE ARM IT DESPERATELY NEEDS? The past year in New York City has been immunity” – which occurs when protection the ferry from Lower Manhattan to the absolutely brutal for so many of us. The loss from a virus is achieved by the majority of Statue of Liberty and Ellis Island has seen of life and mental anguish have been devas- the population being vaccinated. By April 23, a spike in numbers and other attractions are tating, and the accompanying financial im- about 40% of all New York City residents reporting similar increases as capacity limits pact has taken a heavy toll – particularly for had gotten at least one vaccine dose, and for museums, zoos and movie theaters have those industries directly impacted by the about 26% had been fully vaccinated. Al- been raised. nosedive in tourism and corporate “work- though certain segments of the population According to Crain’s New York Business, from-home” orders. The next few months will are continuing to refuse the vaccine, the city business in the outer boroughs is picking up be monumental as the venues and corpora- is on track to achieve the 65% to 80% vacci- steam as well. Out-of-towners from New Jer- tions that transportation companies rely on nation rate needed for herd immunity before sey, Connecticut and Westchester County for business begin to reopen. the end of this year… if not earlier, experts are booking “self-care” appointments like Mayor Bill de Blasio announced in late- say. hair, makeup and nails in rapidly climbing April that NYC stores, businesses, offices Meanwhile, Google searches for resorts numbers. Tourists are also heading to and theaters will reopen at “full strength” and hotels recently reached their highest beaches, bars, restaurants and beauty salons July 1, which is both encouraging and a little numbers in nearly a decade. U.S. hotel per- in Bed-Stuy, the Rockaways, the West Vil- scary. There is a lot at stake, and quite a few room profits (excluding operating expenses), lage and other neighborhoods. things that could hamper de Blasio’s efforts in February, hit their highest level since the All of this is happening as the Centers – but Covid numbers have fortunately been outbreak began, according to hotel market for Disease Control and Prevention (CDC) trending in the right direction, so I think it’s research firm STR – particularly at five-star announced new guidance in late April relax- reasonable to be cautiously optimistic. hotels and resorts. The trend aligns with a ing outdoor mask-wearing guidelines for vac- In early April, Gov. Andrew Cuomo gave spike in the purchase of airline tickets. cinated Americans. The CDC is the greenlight to small- and medium-sized American Airlines recently said its bookings recommending that vaccinated NYC resi- performing arts and entertainment venues have reached 90% of pre-pandemic averages. dents continue wearing masks in some in- in the state to open, subject to a 33% capac- In early April, the CDC announced that stances, but the new guidelines stipulate ity limit. Those numbers increase for busi- fully-vaccinated people could travel, but rec- that fully vaccinated individuals don’t need nesses that require proof of a recent negative ommended they continue wearing masks. to wear a mask when walking or running Covid-19 diagnostic test or complete immu- It’s a small price to pay for the freedom to outdoors. The same applies for small outdoor nization, like the state’s Excelsior Pass Sys- travel, or even to simply get out of house as gatherings and outdoor dining. tem, which displays a scannable QR code for Spring is in full bloom and Summer is right Assuming that vaccination numbers con- verification. The system, which was quickly around the corner. tinue to bring the city closer to herd immu- picked up by concert and entertainment ven- To help jump-start tourism, NYC is nity, it’s reasonable to expect demand for ues like Madison Square Garden, is also launching a $30 million tourism marketing transportation to increase dramatically in meant to encourage employers to reopen of- blitz in June – the city’s largest-ever cam- the weeks and months ahead, hopefully fices. At the start of March, only about 10% paign of its kind. Called NYC Reawakens, bringing For-Hire Vehicle drivers and Taxi of Manhattan’s office space was being occu- the campaign seeks to attract both domestic medallion owners back to work. pied. and international visitors to the city. The In the past year, many of the city’s TLC- In late-April Gov. Cuomo announced funds, from federal stimulus programs, will regulated drivers weighed the risk of catch- that New Yorkers could resume sitting at pay for TV ads and social media campaigns, ing Covid against their earning potential bars on May 3, and the midnight food and including a Wish You Were Here at NYC and decided it wasn’t worth it. Hopefully, beverage service curfew for outdoor dining campaign, which asks New Yorkers to invite that will change very soon, and our industry was scheduled to end May 17. The midnight friends to visit the city. The city is forecast- can begin to return to some semblance of curfew for indoor dining is now set to end ing 36.4 million visitors in 2021, more than normalcy. In the meantime, I urge everyone May 31, although restaurants will still need half of the record 66.6 million visitors that to get their vaccine, continue to wear a mask to ensure six-foot distancing between par- came to NYC in 2019. during your shift, and take the necessary ties, Cuomo noted. The city is planning to reopen Broadway, steps to prepare for what we all hope will be By late March, experts were gaining con- Carnegie Hall, Lincoln Center and other a giant step forward on the road to recovery fidence the city could achieve so-called “herd venues in September – but in the meantime, from this devastating pandemic.

Editorial ...... 4 BLACK CAR NEWS 714 Crestbrook Avenue • Cherry Hill, N.J. 08003 Ira’s Insights — By Ira Goldstein ...... 6 Tel: 800-723-9119 • Local: 856-751-0656 • Fax: 856-751-0657 News ...... 7 Email: [email protected] • Web: www.blackcarnews.com Editor/Publisher: Copyright MAY 2021 © Features...... 12 Neil Weiss The Black Car News is published monthly Street Stories — By RH Stovall, Jr ...... 20 Adv. Sales Mgr./Art & Design: on the first Tuesday of each month except Michele Norton holidays. All inquires should be directed Attorney’s Corner — By Laurence I. Cohen...... 21 Direct line: 856.262.2368 by mail to the above address. The Black [email protected] Car News is not liable for any typograph-

ical errors in its advertisements. The Defensive Driving ...... 22 Contributing Writers: Diana Clemente views expressed in the articles of con- IATR Outlook — By Matthew W. Daus ...... 24 Matthew W. Daus, Esq. tributing columnists are solely those of the Ira Goldstein author and not necessarily those of the Black Car News. Industry News ...... 29 Dawood Mian Bertram Merling RH Stovall, Jr. IN THIS ISSUE Classifieds...... 31 DECEMBERMAY 20202021 •• BLACKBLACK CARCAR NEWSNEWS •• 55 As Always, a Chauffeur’s #1 Profitable Company AALPINELPINE LLIMOUSINEIMOUSINE SSERVICEERVICE TheThe leadingleading choicechoice inin thethe corporatecorporate worldworld

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IRA’S INSIGHTS BY IRA J. GOLDSTEIN

Hello to all! I hope everyone has tive payments to get more drivers on simpler and faster process than a full been enjoying the spring weather the road, as well as higher fares being environmental impact statement, in while it lasts. As New Yorkers, we’re charged to passengers, has resulted in order to move forward with the plan. all too familiar with a short spring this boost to average earnings. March Congestion pricing was originally that quickly leads to a sweltering 2021 was the best month of total rev- set to go live at the start of 2021. MTA summer. It has been over a year since enue for Uber since before the pan- officials were not sure how long the this pandemic began, but we are fi- demic started. Enjoy these incentives environmental assessment process nally starting to feel confident that a while they last though because they would take, but it’s clear that the return to some type of normalcy is on will not be around forever. agency still has a good deal of work to the horizon. In city news, there was a lot that do before drivers start paying conges- In the past month, the eligibility happened that you should be aware of. tion tolls in Manhattan. for the COVID-19 vaccine has been in- At the end of the month, the City The MTA board must appoint a creasing rapidly. As I write this, a Council passed a bill that will ulti- six-member Traffic Mobility Review story just broke that beginning on mately create more car free streets in Board to advise on how much tolls will April 29th, anyone over the age of 16 the city. As you probably know, the cost drivers as well as determine can get the vaccine without an ap- Open Streets Program which was which groups of drivers should be ex- pointment at any of the State’s mass started in March 2020 allowed certain empt from them. The state must also vaccination sites. This is a massive roads to be closed temporarily to be cover the tolling area with equipment improvement over what the require- used for pedestrian space and for out- that can read E-ZPasses and license ments were just a month ago. As an door seating for restaurants. It was plates. A vendor is already lined up FHV driver, you have been eligible for started as a temporary measure and but they cannot begin the installations some time, but now all your family extended this past fall. The bill that until the environmental review is fin- and loved ones are eligible and I en- just passed now formally codifies the ished. Earlier this year, MTA officials courage everyone to get the vaccine as program, but more importantly, it es- said that the plan would likely not be soon as we can. tablishes funding for it so that the De- able to go into effect until 2023 at the Mass vaccinations and the improv- partment of Transportation (DOT) can earliest. It seems likely now that they ing COVID-19 numbers also led to the manage the existing and new street may beat that timeline. momentous announcement from closures throughout the city. On a final note, last month I wrote Mayor de Blasio that New York City According to the DOT, there are about driver who was charged with a will fully reopen on July 1st and all re- currently about 60 miles worth of felony, Grand Larceny, for defrauding strictions on businesses and cultural street closures in the city. Under the The Black Car Fund. He agreed to a institutions will be lifted. While there new legislation, this number will have plea deal which lowered his charge to will certainly be some permanent a major increase now that business- petit larceny, had to pay back the full change among people’s habits and improvement districts, community $11,235.18 he fraudulently obtained, companies’ work from home policies, a groups and other organizations are and now has a permanent criminal full reopening is very welcome news able to request resources from the city record. This month, a second driver for the black car industry. While the to maintain street closures. The bill was arrested and criminally charged. City still needs the Governor’s ap- even allows some streets to be closed This one is a doozy, as the driver had proval for some things, it seems likely 24 hours a day. The city as a whole, been working while collecting workers’ that July 1st is enough time to make continues to move in an anti-car direc- compensation from The Black Car a confident decision. tion. Fund, while also working for the City. As the pandemic continues im- Another big piece of news that will The driver is being charged with proving, there was news this month affect drivers was on congestion pric- grand larceny in the third degree, in- that Uber and Lyft are boosting driver ing. After being delayed by the Trump surance fraud in the third degree, and pay in response to soaring demand for Administration's inaction, NYC's con- falsifying business records in the first rides. A spokesperson for Uber even gestion pricing plan is finally starting degree. All three of these charges are stated that drivers in New York are to move forward. Early in April, the felonies. As I’ve said before, no earning an average of $38 per hour, Federal Highway Administration told amount of fraudulently obtained not accounting for tips and expenses. the MTA that they can complete an funds are worth ruining your life! It seems that a combination of incen- "environmental assessment", a much Until next time!

Ira J. Goldstein is the Executive Director of the New York Black Car Fund, Chief Operating Officer of the Black Car Assistance Corp. (BCAC), and Treasurer of the Coalition of Transportation Associations (COTA). MAY 2021 • BLACK CAR NEWS • 7 NEWS THOUGH HARD TO FIND, USED EVS CAN SAVE BUYERS MONEY Although prices have dropped in re- quasi-new adopter phase, said Ivan cars – so there is much to consider. cent years, even the more popular new Drury, senior manager of insights for One of the fastest ways to kill an EV Electric Vehicles (EVs) can seem a little auto website, Edmunds.com Inc. The battery is allowing it to charge fully or let- costly, inspiring buyers to check the pre- limit for many shoppers remains whether ting it drain to zero, according to experts. owned market to save a few bucks on a vehicle’s range on a full charge is suffi- Most EVs, however, come with software their “gas-free” cars. Since the residual cient. Some new EVs can now boast of that ensures they avoid either extreme, values of EVs traditionally decrease 200-, 300- and even 400-mile ranges on a without sacrificing range. Sudden bursts faster than the average internal combus- full charge, so used EV value retention is of power to accelerate from 0 to 60 mph tion engine (ICE) vehicle, that amount likely to improve in the coming years, ac- and heat also wear down lithium-ion bat- can be significant – although used EVs cording to Drury. Even so, a 2019 model teries, according to Nick Di Camillo of JN typically have older technology and don’t year EV, on average, still loses 27% of its Auto in Cleveland, Quebec. benefit from federal subsidies offered to value, a 6% difference from the average “If a Chevrolet Bolt has 240 miles per new buyers. ICE vehicle, according to Edmunds. An charge, generally speaking, with the EVs like the Chevrolet Bolt, Nissan average 2017 model year loses 57% of its needs they have, it’s probably eight to 10 Leaf, Hyundai Ioniq, and Tesla Model 3 value, 23% worse than the average ICE years minimum before you have to require less maintenance (like no oil vehicle. change the battery,” notes Di Camillo, changes) than ICEs and have fewer Further complicating matters: Tesla whose dealership uses an on-board diag- parts, so concerns over a lack of preven- and General Motors vehicles no longer nostics adapter to evaluate the health of tative care by prior owners can become qualify for a $7,500 federal tax credit EV batteries. “The No. 1 message I try to less significant. The more important available to new car buyers, and no re- get across is: Know what your needed issue is battery longevity, which is known bate is currently available to used EV range is. That will help to determine to degrade over time. The big question buyers. Like batteries in cellphones, EV which model you need at the cheapest then becomes whether buyers can find a batteries degrade. As a result, transfer- possible price… Evaluate your needs be- selection of used EVs. able warranties for EVs often last longer fore going electric.” Today’s EV buyers are still in the and allow for more miles than traditional Source: Gazette Xtra The Center New York www.thecenternewyork.com

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TLC CONTINUES FHV LICENSE FEDERAL GOVERNMENT APPROVES NYC’S CONGESTION PRICING PLAN CAP UNTIL AT LEAST AUGUST In March, the U.S. Transportation Department gave Gov. Andrew Cuomo the greenlight to proceed with New York City’s After reviewing what it calls “relevant factors,” the New congestion pricing plan, the first in any U.S. city. A federally re- York City Taxi & Limousine Commission (TLC) decided in quired environmental assessment and public outreach come March to continue to maintain its cap on the number of new For- next, and the infrastructure to implement it must be built. Hire Vehicle (FHV) licenses. The only new FHV licenses that The plan seeks to charge motorists a fee for entering mid- can be added at this time are for Wheelchair Accessible Vehicles town Manhattan. It is estimated that it could bring in up to $1 (WAVs) and Battery Electric Vehicles (BEVs). billion a year to help fund New York’s Metropolitan Transporta- The TLC’s decision came from a Biannual Determination, tion Authority (MTA). which will be revisited Aug. 21. The TLC reviews congestion lev- “Congestion pricing is an internationally proven method to els, driver pay, license attrition rates, and the availability of reduce traffic congestion, enhance the availability and reliability outer-borough service when making their determination. The of public transportation, and improve our air quality,’’ Cuomo most recent report can be viewed by clicking here. said. “It will play a critical role as New York and the nation “New York City is beginning to recover from the COVID-19 begin to recover from the pandemic.” pandemic,” said TLC Commissioner and Chair Aloysee Heredia Source: Crain’s New York Business Jarmoszuk. “Ridership, while increasing slightly in recent months, remains lower than prior to the pandemic and there continues to be sufficient vehicles to meet current passenger de- mand. Therefore, TLC will not issue additional new for-hire ve- hicle licenses at this time.” In August 2018, Mayor Bill de Blasio signed Local Law 147, pausing the issuance of new FHV licenses for what was sup- posed to be one year, although the legislation allowed the TLC to review whether the cap should continue – and if so, the TLC is required to review the cap every six months. Source: NYC TLC

BLEISURE COULD BE THE WAY FORWARD FOR BUSINESS TRAVEL

As the travel industry continues to again and bleisure may be the answer. pliers, or because the area is regarded as battle its way back from the effects of the Due to COVID-19, scheduled air travel an industry hub. Rising virus numbers, global pandemic, some experts say that globally took a massive hit. According to the density of a location’s population, and “bleisure” – which combines business and a report by Statista, in January 2021, the unpredictable climates could hurt some leisure in one trip – is what could get number of scheduled flights worldwide areas, so the most popular destinations more people traveling, particularly among was down 43.5% compared to the same will likely offer a variety of outdoor pur- those who may otherwise have been hesi- time in 2020. Pre-COVID-19, the average suits, including activities like horseback tant to do so. Also known as a “bizcation,” company spend on business travel grew riding, camping, backcountry hiking, sail- the most popular destinations include approximately 7% year-over-year since ing, and hot-air ballooning, rather than U.S. cities with large convention centers 2015. While that figure stalled during crowded beachside hotels. People will also and cultural attractions, like Las Vegas, 2020 and into 2021, there has been an up- be looking for locations that avoid theme Orlando, San Diego, New York, and surge in private jet charters recently. parks, city center entertainment venues, Nashville. Many business travelers return to the nightclubs, and the need for crowded pub- Companies are looking for incentives same geographic area repeatedly, due to lic transportation. to get their top executives back in the air the presence of clients, partners, and sup- Source: South Florida Reporter MAY 2021 • BLACK CAR NEWS • 9

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MET3208 MKT 21.033 Excelsior Print ad v9 9.5Wx13H.indd 1 4/27/21 4:19 PM 12 • BLACK CAR NEWS • MAY 2021 FEATURES SURPRISING STRATEGIES THAT CAN HELP YOU SLEEP BETTER After more than a year of a pandemic, the things we do to try to solve it, experts retraining, which is limiting the amount a lot of people are suffering from insuffi- say. We start to chase sleep – waking up of time we spend in bed awake. To track cient sleep or disturbed slumber. In this later, taking naps, going to bed too early. this, we calculate our “sleep efficiency highly unusual situation, many time-hon- This diminishes our sleep drive, which is number,” which is the percentage of time ored sleep strategies aren’t working for our body’s need for sleep. It makes it we’re in bed that we’re asleep. The goal is some people. In fact, some scientists say harder to sleep when we’re supposed to. It at least 85%. many of the things we do to chase sleep also creates a vicious cycle: More time in To help boost our sleep efficiency, we are actually hurting us, and recommend a bed means more opportunity for frustra- should avoid going to bed unless we’re counterintuitive approach instead: Stay in tion and failure. Before long, we’ve taught sleepy. And we shouldn’t stay in bed un- bed for less time, not more. Approximately 40% of the population has had sleep problems during the pan- demic, according to a meta-analysis of 44 studies from 13 countries published online in February in the Journal of Clinical Sleep Medicine. The pandemic has been a significant source of stress and worry. Daily routines have been disrupted, affecting circadian rhythms – and social isolation has led to mental-health problems such as depres- sion and anxiety. Good sleep “hygiene” is essential. That means keeping a consistent schedule; using the bed for sleep and sex only; avoid- ing alcohol, caffeine and bright lights be- fore bed and practicing other healthy sleep habits. While these are important tips, the American Academy of Sleep Medicine re- cently declared it’s not enough to solve chronic insomnia. An article published on- line in February in the Journal of Clinical Sleep Medicine recommended a series of treatments, collectively known as cogni- tive behavioral therapy for insomnia, or CBT-I. Unlike run-of-the-mill sleeping prob- lems, insomnia is a clinical disorder. We have insomnia when we have difficulty falling or staying in sleep three or more times a week, and this lasts a month or longer, leading to daytime consequences, such as fatigue, mood changes or difficulty concentrating. Sleep experts believe in- our brain to associate our bed with the less we’re asleep. If we’re having trouble somnia is triggered in part by the fear and negative emotions we feel lying there. falling asleep, we should go to another anxiety we have about not sleeping. Ironi- CBT-I focuses on breaking this loop by room, keep the lights low and do some- cally, insomnia can be driven by the things helping us change the thoughts and be- thing pleasant but not too absorbing. Read we do to try to solve it. haviors that are counterproductive. Re- a book. (No screens!) Do a crossword. Lis- The brains of people with insomnia act search shows it may have lasting effects ten to some soothing music. differently than the brains of people who -not just fixing our sleep problems in the We also need to wake up at the same are sleeping well, according to Daniel J. present but helping us form a sort of sleep time every day (weekends, too). This helps Buysse, a professor of psychiatry and sleep resilience. A recent study published online regulate our circadian rhythm and keeps medicine specialist at the University of in November in the journal Sleep found us from sleeping late, which would harm Pittsburgh School of Medicine. Dr. Buysse that people who received CBT-I years ago our ability to sleep the following night. To has conducted PET scans of people who have been sleeping better and have better figure out when to go to bed, calculate the sleep normally and people with insomnia. mental health during the pandemic than amount of time you are actually asleep In people with insomnia, parts of the brain those who did not. during the night. Then subtract that from involved with self-reflection and monitor- The treatment is typically six to eight the time you need to wake up. That’s your ing the environment show higher levels of sessions with a therapist, but there is an bedtime, for now. (Don’t give yourself less activity during sleep compared with nor- abbreviated version, as well as online pro- than 6 hours in bed.) As your sleep gets mal sleepers. grams to try at home. The primary compo- back on track, start lengthening your time Ironically, insomnia is also driven by nent is “sleep restriction,” also called sleep in bed slowly, by 15-minute intervals, to

Continued on page 14 MAY 2021 • BLACK CAR NEWS • 13 14 • BLACK CAR NEWS • MAY 2021

Continued from page 12 try to increase your sleep duration. limit your time in bed to the amount to not forget something,” says Philip Finally, challenge your thinking about of time you are asleep, plus half an Cheng, a sleep researcher at the sleep. When we tell ourselves we “can’t hour. Henry Ford Sleep Disorders and Re- sleep” or “won’t be able to function” the • Don’t stay in bed unless you’re asleep. search Center. If you write your wor- next day, we’re causing ourselves a lot of Tossing and turning in bed reinforces ries down during the day, “when worry anxiety, which further interferes with our your brain’s association between comes at night you can tell yourself sleep. wakefulness (and negative emotions) you’ve already documented it.” Stick to a steady daytime routine. Also, and the bed. • Practice gratitude. If you find yourself try to stop the negative and stressful con- • Re-establish daily routines. Have a starting to ruminate in bed, think cerns over the problem. Shut out negative morning routine. Eat meals at the about the things you are grateful for, thoughts. I requires practice but it’s worth same time. Exercise at the same time or savor your favorite moments from it. (not too late). Log off work at the end the day. This will train your brain to You can also try an app that calmly of the day and take a walk. associate the bed with pleasant walks you through various stages to help • Stick to your natural circadian thoughts. “And it gets us back to feel- you sleep better. rhythm. You’re not going to be able to ing safe,” says Allison Harvey, a pro- easily change whether you’re a night fessor of clinical psychology at the Tips to Help You Sleep owl or an early bird. Recognize when University of California, Berkeley, and • Practice good sleep hygiene. Aim for you sleep best and stick with it. director of the Golden Bear Sleep and seven to nine hours of sleep. Keep con- • Have a bedtime routine, like a child. Mood Research Clinic. sistent wake-up and bedtimes. Keep Establish a daily wind-down time. • Listen to someone else’s voice. A pleas- the bedroom cool, quiet and dark. Use Then take a bath. Read a book. Relax. ant but unexciting audiobook is ideal. the bed for sleep and sex only. Avoid • Stop catastrophizing. Quit telling Turn it on low volume when you go to alcohol, caffeine and exercise before yourself you won’t be able to sleep, or bed. This will distract you from your bed. Turn off your screens 30 to 60 to function the next day. Ask yourself thoughts. minutes before trying to go to sleep. if these thoughts are really true. Re- • Try CBT-I. The website of the Society • Don’t chase sleep. Don’t go to bed place them with positive thoughts. (“A of Behavioral Sleep Medicine allows early. Don’t sleep late. Don’t nap. bad night of sleep is not the end of the you to search for a therapist in your You’ll diminish your sleep drive, mak- world.”) Then try to focus on some- area. Some health programs, such as ing it even harder to sleep the next thing else. “People who sleep well don’t the Cleveland Clinic and the Depart- night. think about sleep all the time,” says ment of Veterans Affairs, have pro- • Don’t go to bed until you’re sleepy. Wendy Troxel, a certified behavioral grams. App versions such as Sleepio Learn the difference between tired- sleep medicine specialist. and Somryst were developed by re- ness and sleepiness. (Sleepiness is • Keep a worry journal. “Sometimes we searchers. when your eyes are drooping.) And worry because our brain is telling us Source: The Wall Street Journal

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BY DAWOOD MIAN Before the pandemic started in NYC 2019 there were four scaled app-based for- old of the HVFHS category. While I hope this is how the market shares of the three hire companies - Uber, Lyft, Via and Juno. Via sticks around and is able to gain share dominant (Uber, Lyft, Via) NYC ridehail- After Juno shut its NYC service in late back it wouldn’t surprise me if they went ing players looked, the percentage of their 2019 it left the market with only three the way of Juno (in NYC). In addition, they respective trips that were shared and their scaled players. Via, as the data shows, may choose to focus on their higher margin “shared trip” market share. carved out a meaningful share in shared software services business (i.e. helping A lot has changed since February 2020 trips. While Via may stick around, its governments with mass transit) and/or as we all know (i.e. two of the above charts shared trip focus has crushed its market other rideshare markets. cannot be reproduced as there have been share and trip volumes, in turn making it Finally, even if shared trips are al- no shared trips since the NYC pandemic less interesting to drivers. In fact, Via’s lowed back people will probably be hesi- began in March 2020). While a rebound is trip volumes have declined so drastically tant for at least several months before happening looking at overall NYC daily that they no longer qualify for what the potentially deciding to split trips again trip volume by company reveals Via is NYC TLC defines as a High-Volume For- with strangers (i.e. financial benefit of being left behind. Hire Service (HVFHS), which was a cate- cheaper rides vs. perceived health risk). With the “shared trip ban” beginning gory meant to separate the ‘Big 4’ Apps It’ll be interesting to understand what its second year, one has to contemplate (Uber, Lyft, Via, Juno) at the time from happens to Via and whether they can save what this means for the NYC TLC market other bases. For nearly a year Via has their NYC rides business or if decide to post pandemic. For example, heading in failed to meet the 10,000 daily trip thresh- throw in the towel.

Dawood Mian is the Founder & CEO of AutoMarketplace. He covers the NYC for-hire transportation industry and related news. Search AutoMarketplace for cars, parts, tires, technicians, body shops, reviews, jobs & more. MAY 2021 • BLACK CAR NEWS • 17 FEATURES GETTING BACK TO LIFE WITHOUT PANDEMIC-RELATED ANXIETY As more people receive vaccines, life as we clude physical distancing, wearing a mask, • Acknowledge and support their struggle. knew it before the pandemic is starting to re- and washing your hands,” says Philip J. Fizur, • Ask if they want advice (and only give it turn. PsyD, a clinical health psychologist at Cooper when asked) or just need space to vent We are seeing restrictions relax on travel University Health Care. “But you can take it and feel validated. and businesses, small gatherings are allowed, even further and control things like eating • Listen more than you talk. and many are eager to get back to normal rou- well (although the occasional indulgence can • Resist the urge to judge or impose your tines and activities. But after more than a year be a nice way of coping), exercising regularly, own beliefs. with limited places to go and things to do, building good sleeps habits, and avoiding ex- • Relate to what they are going through if some people may feel anxious and hesitant cessive use of substances like alcohol and to- you can – without taking over the conver- about stepping back into everyday activities. bacco.” sation. As the world slowly returns to normal, For anything outside of your control, • Reinforce your openness to help them. some can feel anxious about even simple, mindfulness-based interventions can help • Encourage them to seek professional help everyday activities when they haven’t done build your comfort, flexibility, and ability to if their distress is interfering with their them for a long time. Plus, the safe spaces we adapt to situations that cause fear and anxi- quality of their life. created in our homes during the height of the ety. By staying connected to what is happen- • Offers suggestions of resources that may pandemic may now make us feel less safe and ing in the present moment, we re-engage our help – but only if they ask for them. more fearful when stepping outside the bub- senses and our anxiety tends to decrease. bles we’ve created. To get back into daily routines and activi- If you or a loved one is feeling reluctant to To a certain extent, COVID-related dis- ties you previously enjoyed, Dr. Fizur suggests leave the house, or washing hands and sur- tress manifests in much the same way as any focusing on a specific activity or situation you faces far beyond public health recommenda- other response to any other stressful activity. need to get reacclimated to – going back into tions, or constantly checking on the well-being Some emotional signs of distress may include an office to work or just going to the grocery of loved ones, may suggest an anxiety-related increased irritability, anger, intense sadness, store, for example – and making a plan to take illness caused by COVID that may require pro- or even emotional numbing. small, actionable steps to get back in the swing fessional help. Behavioral changes may include a loss of of things. Try to make it a habit again. interest in things once enjoyed, social with- “Taking this approach can be helpful by al- Resources if You or a Loved One Need drawal, and increased use of substances such lowing the process of natural habituation to Extra Support as tobacco and alcohol. Some common physical occur, but also helps us to bolster our sense of Often the best way to deal with pandemic- effects of distress can also include changes in control and strengthen our ability to process related anxiety and fear is to stay connected appetite, fatigue, difficulty concentrating, and our emotions,” Dr. Fizur says. to your family members and friends. But if you poor sleep. Other manifestations may include need additional support, Dr. Fizur notes there increased headaches, muscle tension, and Helping Others Deal with COVID-Related are other resources available that may help. stomach problems. Anxiety • COVID Coach – a free app for everyone Understanding your feelings and taking If you notice that a family member or produced by Veterans Affairs that sup- deliberate steps to deal with situations that friend struggling with pandemic-related anxi- ports self-care and mental health during cause fear and anxiety can help. A few tips ety, simply pointing out that you’ve noticed the pandemic may be helpful as you navigate your way back some changes in them and asking how they • FACE COVID – a structured guide (as a into the world. are doing could help. Just the question serves downloadable PDF) to putting steps in as an invitation for them to talk about their place to respond to the COVID pandemic Dealing With Your Feelings feelings. It’s important not to pressure loved • Find a Therapist – a resource from Psy- The first steps to dealing with any feelings ones into expressing their feelings. Rather, chology Today to find professional help of fear and anxiety is to realize that those feel- you should just reinforce that you are there for • Therapist referrals – you can call the ings are normal. Then focus on controlling them when they are ready to talk, or if they number on the back of your insurance those things you can, and acknowledge what need help. card for referrals things you can’t. Some other strategies to help family mem- “Some of the things under your control in- bers and loved ones: Source: Cooper Health

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Audrey is an amazing dog who came to us in mid-December and gave birth to a litter of puppies on Christmas Eve. Her puppies were adopted and now it's this wonderful mama dog's turn to get a home. She would love a house with a yard in a quiet neighbor- hood so she can spend her time lying in the sun. After all her hard work raising puppies she is ready for some TLC with you! #GetYourRescueOn Every year, an estimated 2 million homeless pets are euthanized. Our goal: a no-kill Trebek is a shy young tabby looking for a nurturing human who will give him the time he needs to settle into his home. We world where all homeless pets are seeking a calm, predictable household with older children and adults with fearful cat experience to help him succeed. Tre- find loving homes. Here are some bek may not have all the answers to your questions, but he’ll sweet, beautiful animals that sure have fun helping you find them! #GetYourRescueOn desperately need a home. #GetYourRescueOn For information on how to meet our adoptable pets, please e-mail [email protected], call 516-883-7575 or visit animalleague.org/adopt. MAY 2021 • BLACK CAR NEWS • 19 20 • BLACK CAR NEWS • MAY 2021 STREET STORIES KAMIKAZE DRIVERS BY RH STOVALL, JR. Lately, I’ve noticed a slew of crazy to Manhattan from West Or- ers, because they’re drivers. They don’t look before changing ange. Driving East on Route not looking and you lanes. Turn signals seem to be a foreign 280 down the big hill, a car have to slam on the concept to them. It’s really making driving was merging into this brakes to avoid hit- increasingly perilous. treacherous four lane high- ting them. Here are some examples from recent way. near catastrophes on the road. I saw the car merge – using the left What Red Light? turn signal – but something told me to In Newark, red lights are apparently The Suicide Slide hang back because I knew he was going to only a suggestion to some people. I’ve lost In mid-April, I was driving a family do the Suicide Slide. count the number of times I’ve seen cars from Franklin Lakes to Newark Airport. Sure enough, the car sailed across blow through red lights in Newark, espe- It was around 7:00am. We were approach- three lanes of traffic and, if I had kept my cially between 1:00am-6:00am. ing Terminal C departures when I noticed pedal to the metal, it wouldn’t have been The moral of this Street Story is: Give a car coming up FAST from behind me on pretty. other drivers plenty of room to do the Sui- my right side. The very next week, with the same cide Slide and Thread the Needle. Also, I instinctively took my foot off the gas passenger going to the same destination, look carefully before you pull into traffic, because I just knew this crazy driver was another car did the Suicide Slide from the using the “neck check” technique (turning on a suicide mission – like a Kamikaze – left lane to the far-right lane – no turn sig- your head to the left and right to check for to get to the terminal and nobody was nal – crossing three lanes of traffic on blind spots), to make sure you’re not the going to get in his way. Route 280 East to get on to the Garden next Kamikaze’s victim. The life you save He cut me off and he cut off another State Parkway. Amazing! might be your own! car in front of me by turning left in front of us and driving over the median to make Threading the Needle the Suicide Slide to Terminal C. More and more Kamikaze drivers are The father thanked me for taking my threading the needle on the GSP, Route RH Stovall, Jr., is a Senior Executive Chauf- foot off the gas, because if I had main- 78 and at Newark Airport. They cut in feur, Trainer & Mentor for Royal Coachman Worldwide (Denville, NJ) and Leros Point to tained my speed, we would have certainly and out of traffic to change lanes or get to Point (Valhalla, NY). He can be reached at collided. the curb at the terminal. [email protected] or call / text him at The next day, I was driving a woman I’m always on the watch for these driv- 908.358.4172.

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On March 31, 2021, just over a month after New Jersey be- The MRTA does not override any existing federal laws or reg- came the 13th state to legalize the recreational use of marijuana, ulations that prohibit marijuana use. For example, the U.S. De- New York State followed suit by enacting the “New York Mari- partment of Transportation has mandatory procedures for huana Regulation and Taxation Act” (MRTA). Among other conducting workplace drug and alcohol testing and does not per- things, the MRTA legalizes the recreational use of marijuana by mit the use of medical or recreational marijuana. adults 21 years of age and older, establishes an “Office of Lastly, note that the New York City Taxi & Limousine Com- Cannabis Management” charged with enforcing a regulatory mission’s rules authorize revocation of a TLC Driver License, framework governing medical, adult-use; expands access to med- after a hearing, when a driver fails a drug test “as a result of il- ical marijuana to people with certain medical conditions; and per- legal drug use or failure to comply with drug testing procedures.” mits home cultivation of cannabis (which, incidentally, remains Rule 68-14(a)(4). Now that cannabis is no longer classified as an illegal under the Garden State’s law). “illegal drug,” it appears doubtful that a positive test for cannabis The MRTA also provides for automatic expungement or re- alone will be grounds for the revocation of a TLC license going sentencing for anyone with a previous marijuana conviction that forward. Driving while impaired by cannabis or other drugs in vi- would now be legal under the law. The law is expected to generate olation of New York Vehicle and Traffic Law § 1192.4, on the tax revenues of $350 million per year and has the potential to cre- other hand, remains solid grounds for license revocation under ate 30,000 to 60,000 jobs. Local municipalities are permitted to Rules 68-14(a)(1)(A) and (3)(R), and 68-15(a)(1)(i). opt-out of having retail dispensaries in their jurisdictions and is- suing on-site consumption licenses – however, they cannot opt- out of other provisions of the law. From an employment standpoint, it is important that employ- Kenneth R. Tuch, Esq. and Laurence I. Cohen, Esq. are partners with ers familiarize themselves with this new law, as it impacts what Tuch & Cohen LLP, with offices located at 1025 Old Country Road, Suite 411, Westbury, New York 11590. The firm specializes in commercial and employers can and cannot do with respect to marijuana use by employment litigation, including misclassification, wage and hour, em- their employees. ployment practices, franchising and business practice matters, and First, we’ll go over what employers can do with respect to em- transactional matters. The foregoing is provided solely as general infor- ployee marijuana use. As in the past, employers are not required mation, is not intended as legal advice, and may not be applicable within by this law to allow marijuana use during the workday or on com- your jurisdiction or to your specific situation. You are advised to consult with your attorneys for guidance before relying upon any of the informa- pany premises, and they may continue to take disciplinary action tion presented herein. against employees who exhibit signs of impairment while on the job. For those transportation companies that employ drivers, the MRTA does not affect existing laws that prohibit driving while impaired. The law likewise does not give employees license to smoke marijuana wherever they please. Laws prohibiting the smoking of tobacco in vehicles and public places apply with equal Tuch & Cohen LLP force to the smoking of marijuana. Attorneys at Law Now, for what employers may not do vis-à-vis marijuana use by their employees. New York has long had on its books what is 1025 Old Country Road, commonly referred to as the “legal activities law.” This law, which Kenneth R. Tuch is part of the New York Labor Law, prohibits employers from dis- Suite 411 Laurence I. Cohen criminating against employees based upon their political activi- Westbury, New York 11590 ties, legal use of consumable products, legal recreational activities, or membership in a union. The legal activities law makes it “unlawful for any employer or employment agency to re- Effective Management-Side Representation fuse to hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, to the Ground Transportation Industry promotion or terms, conditions or privileges of employment” as a result of a lawful activity the employee engaged in while not working and while off company premises. Thus, an employer may SPECIALIZING IN not take adverse action against an employee for having attended Litigation and Administrative Proceedings, a political rally over the weekend, or because the employee smokes, or plays tennis. Contract and Transactional Matters, With the passage of the MRTA, an employer is now prohibited Regulatory Issues, and General from discriminating against an employee for lawful marijuana use as well. Marijuana is no longer classified as a controlled sub- Business and Corporate Law stance under the New York Public Health Law, and the legal ac- tivities law has been modified to designate cannabis as a “consumable product,” and classify cannabis use as a “recre- ational activity.” Tel: 516-783-0062 As is discussed above this does not mean an employee may re- Fax: 516-783-0082 port to work high. If an employee comes to work and, as a result of earlier marijuana consumption, is unable to perform their work effectively and safely, the employer may still discipline or take [email protected] other adverse action against that employee. Likewise, if an em- ployer is required by state or federal statute, regulation, ordi- nance, or other state or federal government mandate to take action in response to an employee’s use of marijuana, the em- ployer will not be deemed to have violated the MRTA. 22 • BLACK CAR NEWS • MAY 2021

BY BERTRAM MERLING LOSS CONTROL COORDINATOR, DEFENSIVE DRIVING HEREFORD INSURANCE COMPANY SEASONAL TIPS: MEMORIAL DAY, BIKES, POTHOLES AND PREVENTATIVE MAINTENANCE

BY BERTRAM MERLING • LOSS CONTROL COORDINATOR, HEREFORD INSURANCE COMPANY

Summer is fast approaching, which • Black cars, medallion taxis, and sengers. means there will be more pedestrians and FHVs may be targeted for fraudulent • Maintain a slower speed than usual if bicycles on the street… so be extra vigi- claims by bicyclists. Always call the you see potholes. If you see a repair lant. It’s also the time of year to watch out police and make a report if you are in- crew, there probably are a large num- for potholes and make sure that your sea- volved in an incident or accident with ber of potholes nearby. Report the lo- sonal preventative vehicle maintenance is a bicyclist. Do not leave the scene or cation of any particularly large or done before the weather gets too hot. you can be arrested, even if you know dangerous potholes to the Depart- your vehicle didn’t make contact with ment of Transportation and your Memorial Day Weekend is May 31 the bicycle. base, so other drivers can be alerted. • Memorial Day Weekend means police • If you are involved in an accident with will be setting up DWI checkpoints a bicyclist working as a delivery per- Preventive Maintenance across the tri-state area. Be patient if son, please obtain the name of their • Preventive maintenance saves you you are delayed by one. The police employer. money and helps prevent accidents. may be removing a drunk driver from • Always visually inspect your vehicle the road, who could have endangered prior to starting your work shift. you and/or your passengers. Check for any loose metal, sharp • Warmer weather and a holiday week- edges or other unsafe items – and fix end mean you should use extra cau- them. tion where children may be playing • Maintain the tire pressure recom- (parks, playgrounds, fire hydrants, mended in your owner’s manual to etc.). avoid blowouts. Do not attempt to get • Warmer weather can trigger road record mileage out of tires; it’s too rage incidents. Keep your vehicle cool dangerous. so you do not fall victim to road rage. • Always check your fluids (antifreeze, Other drivers are feeling the heat, transmission, oil, power steering too. fluid, windshield wiper fluid) prior to your work shift. A breakdown in an Bicycle Accidents unsafe area (highway or one-way • Always be prepared to take defensive, street) can lead to a catastrophic ac- evasive actions if you observe a bicy- cident. cle. There are more bicycles on the • Check your emergency blinkers and street than ever before, which means headlights prior to your work shift. more accidents – so be extra careful. • Always keep a flashlight, screwdriver, • Always respect bicycle lanes and a bi- and extra cell phone battery in your cyclist’s right to use city streets. glove compartment. • Bicyclists are supposed to obey the • Always keep an extra set of dry cloth- same traffic laws as motorists, but ing, water, a blanket, and canned food they often attempt dangerous maneu- in your trunk. vers. They may run red lights or stop • Have your brakes checked with every signs, travel the wrong way on one- oil change. way streets, make sudden, unsafe • Always check your hood latch prior to turns, or pass vehicles on the right your work shift. If your hood flies unsafely, among other unsafe and il- Pothole Alert open while you are driving, it can lead legal acts. • Always be on the lookout for potholes to a catastrophic accident. • Always check your side-view mirrors as temperatures rise, especially fol- • Keep a first aid kit in your vehicle. prior to unloading or loading a pas- lowing a heavy rain. Potholes can Open it periodically to make sure you senger to make sure a bicyclist isn’t cause severe damage to your vehicle know what each item is for and how attempting to pass in a narrow area. or even injure you and/or your pas- to use it.

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]

“LIKE” BLACK CAR NEWS FOR BREAKING NEWS. MAY 2021 • BLACK CAR NEWS • 23

No appointment or car necessary, but if you do have a 2011 or newer model car please call Patricio to see if your vehicle is acceptable. Come see and talk to us. Find out how you can become part of our family. Where you can exceed your expectations. For further information call Patricio Martinez (718) 482-8585 Extension 3233. 24 • BLACK CAR NEWS • MAY 2021 IATR OUTLOOK ASSESSING POST-PANDEMIC OPTIONS

FOR YOUR TRANSPORTATION COMPANY: BY MATTHEW W. DAUS, ESQ. Should I Borrow, Buy, Sell, Merge, File or Retire? Since the onset of the pandemic-related legislation included an additional $7 bil- ceipts of $30,000 in the second quarter of shutdowns in March 2020, the transporta- lion in PPP funding. 2020, has experienced a revenue reduction tion industry has been decimated. This is The original CARES Act – enacted on of 40% between the quarters, and is there- especially true for the executive sedan and March 27, 2020 – created and funded the fore eligible for a Second Draw PPP loan limousine companies that rely on corpo- original PPP, which provided companies, (assuming all other eligibility criteria are rate travel and related contracts with air- sole proprietors, and independent contrac- met). lines and hotels. By January 2021, tors with SBA-backed loans to be used to PPP borrowers can have their first- ridership for the executive sedan (black retain employees and pay certain non-pay- draw and second-draw loans completely cars) and limousine sectors were down by roll costs. The PPP loans may be 100% for- forgiven if the funds are used for the fol- 53% and 75%, respectively, compared to givable based on the use of the loan lowing eligible costs: payroll, rent, covered the same month one year earlier, in com- proceeds. According to SBA data, the mortgage interest, utilities, covered parison to ride-hailing services which saw Transportation & Warehousing sector re- worker protection and facility modification a decline of 42% over the same period. ceived 229,565 loans (3.34% of all PPP expenditures, covered property damage At the outset of the pandemic, the busi- loans), totaling $17,522,942,736, as of Au- costs, covered payments to suppliers, pay- ness world expected, and certainly hoped, gust 8, 2020, when the first round of the ments for business software or cloud com- that Q4 of 2020 would bring about a grad- PPP loan program expired. puting services that facilitate business ual return for business. Instead, the resur- The SBA and U.S. Treasury Depart- operations, product or service delivery, and gence of COVID-19 resulted in the ment released loan application forms for numerous back-office functions. To be eli- continuation of travel restrictions, the ces- the rebooted PPP loans on January 8, gible for full loan forgiveness, PPP borrow- sation of in-person instruction in many 2021. The PPP loan program re-opened on ers must spend no less than 60% of the schools, and the scaling back of business January 11, 2021, for participating com- PPP loan funds on payroll over a covered operations, especially for restaurants and munity financial institutions (CFIs) that period of their choice between 8 and 24 hotels. Even with the expectation that we serve minority-owned and women-owned weeks. Transportation companies should will see the various COVID-19 vaccines ad- businesses to begin submitting PPP loan be aware that the U.S. Internal Revenue ministered to essential workers and all applications for “First Draw” PPP loan Service (IRS) will allow businesses that willing persons 16 years of age or older in borrowers. On January 13, 2021, the “Sec- had their PPP loans forgiven to write off the first half of 2021, the recovery to pre- ond Draw” PPP began. In its guidance, the expenses paid for with that money – after pandemic levels of business will likely not SBA indicated that the PPP would open to Congress reversed the prior IRS policy in take place for some time. As a result, lim- all lenders a few days after the opening for the recent legislation. As of this writing, ousine, bus and other transportation com- CFIs, and fully re-opened the PPP loan May 31, 2021, is the last day to apply for pany leaders continue to adjust their portal on Tuesday, January 19, 2021 to all either a First Draw or Second Draw PPP business plans to reflect that the recovery participating lenders. loan. will be slow – and painful. If your transportation company is con- In addition to the PPP loans, the SBA In this article, I will explore the options sidering a PPP loan, first-time and second- has other loan programs that might be that companies have for financing under time PPP borrowers may receive a loan more generous than traditional business the most recent COVID-19 relief package amount of up to 2.5 times their average financing. On December 30, 2020, the SBA and also discuss steps to prepare for merg- monthly payroll costs (with a cap per em- announced it has extended the deadline to ers and acquisitions, as well as bankruptcy ployee of $100,000 on an annualized basis) apply for the Economic Injury Disaster filings and options. Now could be the time in 2019, 2020, or the year prior to the loan. Loan (EIDL) program for the COVID-19 to assess the past, present, and future, to The maximum loan amount is $10 million pandemic disaster declaration to Decem- tighten operations, develop strategic part- for First Draw PPP loan borrowers, and $2 ber 31, 2021 (pending the availability of nerships and new business lines, engage million for Second Draw PPP loan borrow- funds). These SBA loans provide working in joint ventures to consolidate or out- ers. capital funds to small businesses. These source operations, and possibly contem- Existing PPP borrowers that did not loans are offered at a fixed 3.75% interest plate retirement or passing the torch to receive loan forgiveness by December 27, rate for small businesses, with a nego- others. 2020, may: (1) reapply for a First Draw tiable term of up to 30 years, and an auto- PPP Loan if they previously returned some matic deferment of one year before COVID-19 Assistance Grants & Loans or all of their First Draw PPP Loan funds; monthly payments begin. As of December On December 27, 2020, the Economic or (2) under certain circumstances, request 30, 2020, the SBA reported that it had al- Aid to Hard-Hit Small Businesses, Non- to modify their First Draw PPP Loan ready approved $197 billion in these low- profits and Venues Act (the “Economic Aid amount if they previously did not accept interest loans. Act”) was signed into law, with several up- the full amount for which they are eligible. For transportation companies, the dates to the loan programs offered by the A borrower is generally eligible for a Sec- EIDL program offers an advance/grant of U.S. Small Business Administration ond Draw PPP Loan if the borrower: (a) $1,000 per employee, for a maximum of (SBA). First among these for consideration previously received a First Draw PPP $10,000. Prior to the passage of the Eco- by transportation company operators Loan and will or has used the full amount nomic Aid Act, the EIDL grant amount would be the Paycheck Protection Program only for authorized uses; (b) has no more would be deducted from any PPP loan for- (PPP) loans that were funded with $284 than 300 employees; and (c) can demon- giveness amount for that business. How- billion, and with significant updates and strate at least a 25% reduction in gross re- ever, the recent legislation reversed that enhancements in the Economic Aid Act. ceipts between comparable quarters in provision, and any EIDL grant amount On March 11, 2021, the American Rescue 2019 and 2020. For example, a limousine will not be factored into any PPP loan for- Plan Act of 2021 – a $1.9 trillion relief company with gross receipts of $50,000 in giveness calculation. package – was signed into law, and that the second quarter of 2019 and gross re- Provisions in the Economic Aid Act MAY 2021 • BLACK CAR NEWS • 25 now allow businesses up to eight months business development. The solution may ranties and liability risks? of principal and interest payments for- instead come from strategic transactions • Does the target company have leases, given for Section 7(a) and 504 Microloans such as selling the company, buying an- software licenses, or other vendor con- from the SBA. A Section 7(a) loan, which other company synergistic with the exist- tracts that it depends on for its key as- is received through an SBA lender, is a ing business, seeking an equity sets, systems, and rights? Do the loan that can be used for working capital, investment, or even entering into a joint contracts convey the ownership and equipment, inventory, and business acqui- venture. With so many companies in dis- rights that the company purports to sitions. Businesses may borrow up to $5 tress and a reduction in the overall mar- have? million at fixed or variable interest rates, ket, the pace for mergers and acquisitions • Have employees signed contracts as- as long as they have fewer than 500 em- will naturally quicken. signing their business intellectual ployees and less than $7.5 million in aver- Having handled many transportation property rights or agreeing to confi- age annual receipts. The borrower will company deals over the years as counsel dentiality, non-solicitation, and/or have to be a for-profit business based in for buyers, sellers and investors in merg- non-competition covenants? the United States and not be delinquent on ers, acquisitions, joint ventures and invest- • Has the company acquired other busi- any debt owed to the government. Depend- ments, we have seen how complex and nesses or entered into joint ventures? ing on how the business intends to use the time consuming such transactions and the What were the key terms? funds, the loans will have a term from 7 to related “due diligence” process can be – • When will these contracts expire? Can 25 years. Additionally, the Economic Aid even for transactions with smaller dollar they be terminated voluntarily and/or Act temporarily reduces or eliminates cer- values. Clients often prepare simple term for cause? tain loan fees for the borrower. sheets for such transactions with the ex- • Do the contracts have restrictions on The SBA’s 504 Microloan program is pectation that it will be easy to quickly assignments, changes in control or geared more toward economic develop- complete the deal. Unfortunately, that is other transactions that would be trig- ment and job creation. It is available to often not a realistic expectation. gered by the contemplated sale trans- purchase commercial real estate, existing The most frequent source of delay is action? buildings, and equipment that will help a the seller’s failure to prepare the target business grow. These loans also have a $5 company for sale in advance and deal with Checklist for review of target com- million limit and have similar require- risks, liabilities, and other matters of con- pany’s records ments to a Section 7(a) loan. However, in- cern to buyers and investors, such as is- The buyer or investor and its legal terest rates for these loans are fixed, and sues with stock ownership, permits and counsel also customarily undertake other the loans have a term from 10 to 20 years licenses, intellectual property rights, tax legal and operational due diligence, re- depending on the nature of the loan. The matters, debts and guarantees, or pending viewing the target company’s books and Economic Aid Act temporarily eliminates lawsuits. When these matters are first records to identify issues, such as: the 504 Microloan fees. identified in the course of the buyer’s or in- • Are the company’s organizational doc- A business with an existing SBA Sec- vestor’s due diligence investigation and uments (articles of incorporation, by- tion 7(a) or 504 Microloan could receive up raised in the middle of negotiating a trans- laws, operating agreements, board to eight months of forgiveness of principal action, that often results in extensive de- meeting minutes, stock records, etc.) and interest payments, all capped at lays, causes the deal to lose momentum, complete? $9,000 per month. If a business applies for and sometimes even kills the deal. • Have employee stock options and other a new SBA Section 7(a) or 504 Microloan, equity grants complied with tax laws, and is approved before September 20, Due Diligence and including requirements for deferred 2021, then, the first six months of princi- Disclosure Schedules compensation (e.g., IRC Section pal and interest (up to $9,000 per month) Due diligence is an important aspect in 409(A)), incentive stock option status, is also forgiven. Those with an existing any transaction and is an extensive qualified profits interests, and Section PPP loan may apply for a Section 7(a) loan process undertaken in order to thoroughly 83(b) elections? or a 504 Microloan. and completely assess the target com- • Is the business in good standing and Given the full or partial forgiveness pany’s business, assets, liabilities, capabil- up to date on its taxes and state fil- available from the Economic Aid Act, and ities, and financial performance. Part of ings? the low interest rates and flexibility with this will be business and financial due dili- • Does the target company have ade- terms (except for the PPP loans), trans- gence, in which the buyer will review the quate insurance coverage? portation companies may wish to seek one target company’s financial statements, ac- • Are there complete employee files, in- or more of these SBA-backed loans as part counts receivable and accounts payable, cluding as to employment eligibility of your 2021 financial planning. Our law and other books and records to determine status? What are employees’ salaries, firm has already worked with many trans- issues such as: bonuses, commissions, and benefits? portation clients on these SBA-backed • Does the business have healthy cash • Is there an employee handbook? What loans, and this relief has helped to stave flow? are the company’s employee policies? off layoffs and pay non-personnel costs • Where are the sources for the revenue • Are any employees inaccurately char- through the COVID-19 relief programs. stream? acterized as independent contractors Given the dire circumstances faced by • How is the target company calculating or as exempt employees under the Fair many small companies, we even offered its revenues and earnings? Should Labor Standards Act? pro bono (free advice) to many mobility there be adjustments? • Does the target company have any em- companies and even their drivers during • How reliable are the target company’s ployee benefit plans or retirement these difficult times. What is important financial projections? plans? though, is to think about when the money • What are the target company’s liabili- • Does the target company have any reg- runs out – and to start thinking of and im- ties? Are there any hidden liabilities? istered or unregistered intellectual plementing a game plan for re-opening and property (e.g., trademarks or patents)? the potential business environment in the Checklist for legal review of target What is the status of any applications new post-pandemic normal. There are company contracts or registrations for such intellectual many options, some of which are discussed The buyer or investor will have its property? in the remainder of this article. legal counsel review and prepare a sum- • Does the company have any pending or mary report of the target company’s con- threatened litigation? Should I Buy or Sell? – Either Way, tracts to answer questions, such as: • Does the company have any environ- Get Your Shop in Order! • Does the target company have key cus- mental hazards or violations? Even with these SBA-backed loans tomer or business partner contracts available to transportation companies, that account for significant portions of The buyer or investor will also need to such loans often function as stopgap meas- its revenue stream? Do these contracts review and understand any permits or ures as the pandemic affects revenues and reasonably limit the company’s war- business licenses that are required for the

Continued on page 26 26 • BLACK CAR NEWS • MAY 2021 Continued from page 25 target company to operate and the status will remain the sole responsibility of the tations at the onset of the process, so as to of those licenses. This includes operating seller. Negotiating the indemnification ensure that the transaction is structured licenses with federal, state, and local li- provisions regarding the above-referred li- in a tax-efficient manner to you. censing agencies. Even if the licenses are abilities will be critical to protecting each in good standing, are they transferrable? party’s expectations. Valuation Assuming they are transferrable, what is Although asset purchase structures From our experience, when determin- the process for regulatory approval to as- will generally limit the liabilities assumed ing a price for the sale of a business, it is sume a license as the new owner? Also, are by the buyer, there are various exceptions important to have an accurate and de- there any other necessary governmental or to this, such as environmental and pension tailed basis for valuing the target com- agency approvals required in order to liabilities, as well as liability imposed pany, informed by financial due diligence. transfer the business (including federal under legal doctrines of successor liability. There are different methodologies for con- antitrust filings under the Hart Scott In some cases, an asset purchase transac- ducting a valuation. The method chosen Rodino Antitrust Improvements Act of tion is not a viable deal structure, often will depend on the information at your dis- 1976)? due to regulatory or contractual con- posal, as well as the nature of the business The buyer or investor and its tax advi- straints. Such transactions are more com- and the industry. Some common valuation sors will also want to assess the tax status plex and may take more time to close, methodologies include the following: of the target company by reviewing its fed- particularly if the target company has nu- • Asset-based methods start with the eral, state, local, foreign, and other tax re- merous contracts that cannot be assigned “book value: of a company’s equity. turns and records. For example, has the without the counterparty’s prior written The liquidation value is the net cash target company timely filed all tax returns consent (a common contractual term). that a business would generate if all of and paid all taxes due (including all in- Sellers generally prefer that the trans- its liabilities were paid off and its as- come taxes, capital gains taxes, sales and action be structured as a stock or member- sets were liquidated today. This “liqui- use taxes, transfer taxes, franchise taxes, ship interest purchase, which is simpler. dation” value is more of a baseline, as payroll taxes, etc.)? Has it been filing re- However, these structures do not enable a it does not account for growth poten- turns and paying taxes in all jurisdictions buyer to exclude any liabilities of the ac- tial or future cash flows. where it is legally required to file? Has it quired business, and so it will be even • Discounted cash flow analysis uses claimed deductions that it was not entitled more important to the buyer to determine the inflation-adjusted future cash to under tax laws? Has it properly with- and understand the liabilities of the target flows to project a value for the busi- held payroll taxes from employees? Has it company. Stock or membership interest ness. This valuation methodology is improperly characterized any employees purchases require all equityholders to sign most suited to established and cash- as independent contractors? the purchase agreement, which may be dif- generative companies with long-term Even if the buyer or investor does not ficult or impractical for companies with a business prospects. conduct careful due diligence on these large number of equityholders or recalci- • Valuations based upon multiples of matters, the definitive acquisition agree- trant equityholders. In such cases, a revenue are arguably the simplest. It ment will typically have a robust set of merger structure may be preferable, as it is a popular quick-form method to ex- representations and warranties that will only requires the transaction agreement to peditiously value a company and can require the seller and its legal counsel to be signed by the target company and then be a useful metric when comparing carefully review these materials and pre- the sale to be approved by a majority of the companies with different profit levels pare schedules that set forth various lists, board of directors (or similar governing but similar characteristics in terms of summaries and disclosures regarding body) and a majority equityholder vote, margins, products, markets, and com- these and other matters. Accordingly, any subject to any special approval rights set petition. problems will come to the attention of the forth in the target company’s governing • Valuations based upon multiples of buyer or investor sooner or later. When documents. A merger effectively forces a EBITDA, a measure of the financial they do, that can cause delays, bring nego- sale by all equityholders, but it may leave performance of a company, are also tiations to a halt, and sometimes even kill dissenting minority holders with “ap- very popular. This enables the compar- deals. praisal rights” that allow them to chal- ison of earnings of similar companies Accordingly, if you are looking to sell lenge in court the value paid in the while excluding any distortions that your company or seek investors in the near merger, and perhaps receive some other result from interest, taxation, depreci- future, your business should be reviewed amount. Merger structures also add some ation, or amortization. by and discussed with legal counsel now, complexities to the deal documents, and • If only a portion of the target company with an eye towards identifying and re- the requisite equityholder vote may re- is to be sold, discounts may also apply solving or mitigating weaknesses and risks quire advance notice and complex deal for lack of control (if a minority inter- where possible. This will help maximize summary and disclosure materials. est is sold) and/or for lack of mar- company value, as well as the likelihood of Furthermore, when structuring a sale ketability (reflecting the difference in closing any future deal that you may se- transaction it will be important to mini- liquidity between closely held securi- cure with a buyer or investor. mize taxes to the maximum extent possi- ties and publicly traded securities). ble. While asset purchase transactions can Transaction Structure – Asset & Stock provide certain tax benefits for buyers, A combination of these or a variety of Purchases & Tax Implications they may carry adverse tax implications other valuation methodologies may ulti- The information discovered in the due for sellers, particularly if the target com- mately be used to settle on the price for the diligence process will also help to structure pany is a corporation (in which case there target company. These methodologies are a sale transaction, such as an asset pur- may be two layers of taxation – one paid of course only a starting point. Sophisti- chase, stock purchase, or merger. by the target company and a second paid cated buyers will also take into account Asset purchase deals can be structured by its stockholders). A stock or member- other value considerations, including non- so that the buyer only acquires the target ship interest purchase has only one layer recurring revenue and expenses; market company’s assets and not most or all of its of tax, and it is generally more tax favor- size, competitive landscape, and barriers liabilities. This structure is generally pre- able to the seller. The tax allocation of the to entry; competitive advantages from pro- ferred by buyers, and it is especially desir- purchase price is also an important analy- prietary technology, intellectual property able to them when there are unusual or sis in any transaction, and it may provide rights, or strong brand recognition and loy- concerning liabilities identified in due dili- certain tax benefits. alty; businesses scalability costs; customer gence. In asset purchase deals, an impor- By evaluating the various structuring concentration risks, payment history, and tant part of the deal structure and alternatives available before undertaking satisfaction; contractual restrictions on the negotiation will be determining which, if a formal agreement and identifying your business; and debt and other liabilities. any, of the target company’s liabilities will preferred structure, you can increase the Finally, the results of the legal due dili- be assumed by the purchaser and which chances of setting the other party’s expec- gence described above will help identify MAY 2021 • BLACK CAR NEWS • 27 weaknesses, may significantly increase the charged with collecting and reducing to Chapter 11. Highlights of some of the key risks of the business, and may diminish money the property of the debtor’s estate benefits are below: the value to a prospective buyer. It is im- and closing such estate as expeditiously as portant to have skilled professionals guide is compatible with the best interests of the The Automatic Stay: Debtors file for the acquiring company through the valua- parties in interest. Where the debtor is a bankruptcy protection for myriad reasons, tion process and address pitfalls with as- business entity, the trustee may seek au- but a principal reason is that the filing pro- sessing the value of the target company. thorization of the Bankruptcy Court to vides the debtor with immediate protection temporarily operate the debtor’s business from a wide variety of collection efforts to Some Final Thoughts if it would be in the best interest of the es- collect on debts that arose before the bank- on M&A Due Diligence tate. ruptcy petition was filed. Pursuant to Sec- Right now, it is very difficult for a com- tion 362 of the Bankruptcy Code, the filing pany in the transportation sector given the Reorganization - Chapter 11 of the of a Chapter 7 or Chapter 11 bankruptcy impending uncertainty of when and to Bankruptcy Code. The purpose of Chap- petition (as well as petitions under certain what extent business travel and other ter 11 is to permit the debtor to continue other chapters of the Bankruptcy Code) op- forms of mobility may return and whether to operate while it reorganizes its business erates as a stay, applicable to all entities, there will be modal shifts affecting the and capital structure pursuant to a court- of a wide range of acts to collect on debts long-term viability of a company. With approved plan of reorganization. The that arose before the bankruptcy petition such uncertainties, not only is it difficult Chapter 11 debtor is known as a “debtor in was filed. The automatic stay is intended to develop a proper valuation for a trans- possession” because, unlike in a Chapter 7 to provide a debtor with a breathing spell portation business as a whole, but even the case, the debtor remains in possession of during its bankruptcy case. If a creditor vi- individual component assets of a company the estate assets. Chapter 11 can also be olates the automatic stay, a bankruptcy – such as real estate, vehicles as well as in- used when management seeks to conduct court may hold the creditor in contempt of tellectual property – may be difficult to an orderly liquidation of the debtor’s busi- court and award the debtor compensatory value given the pandemic. ness, including a sale of substantially all damages. In addition, where the violation So how can a company even think of the debtor’s assets under a Chapter 11 is willful, the bankruptcy court may award about buying, selling, merging, or engag- plan or a sale outside of a plan pursuant punitive damages. ing in a joint venture? Rather than think- to section 363 of the Bankruptcy Code, be- ing about that end game, now is a good cause it avoids the appointment of a panel Sale-Related Provisions of Chapter time to begin the process of identifying and trustee and the “fire sale” climate. 11: Although a debtor is authorized to op- cleaning up risks, issues, and problems Whether used for a reorganization or a liq- erate its business, it may not sell, use, or that would come up in a due diligence ex- uidation, Chapter 11 is a valuable tool that lease property of the estate outside of the ercise, so as to ensure that the business is allows a debtor to preserve its business ordinary course of business without court appealing to prospective buyers and its and thereby maximize value for all credi- approval. A sale of assets outside the ordi- value is maximized. tors. A highlight of some of the key provi- nary course of business, including a sale of You may also want to consider taking sions of Chapter 11 is below. substantially all of a debtor’s assets, may measures to consolidate operations and po- be approved as part of a Chapter 11 plan tentially outsource responsibilities and Procedural Overview of Chapter 11 under Section 1123 of the Bankruptcy functions. Although it is difficult to go Proceedings. The goal of a Chapter 11 Code or prior to a plan under Section 363 down that road if your company has ac- case is the consensual confirmation of a of the Bankruptcy Code. When assets are cepted PPP funds and is required to bring plan of reorganization or plan of liquida- sold in bankruptcy, the assets are typically back employees, that should not stop you tion. As discussed in further detail below, sold free and clear of all liens, claims, and from thinking about making changes once Chapter 11 plans must satisfy the require- interests with any liens and interests at- those obligations end. Anything that can ments of the Bankruptcy Code to be ap- taching to the proceeds of the sale with the be done now to make the balance sheet proved or “confirmed.” After the plan is same priority they had at the time of the look better will help your ability to stay in confirmed, the debtor is required to make sale. business, as well as your company value. plan payments or distributions and is bound by the plan’s provisions. The con- Advantages of Effectuating a Sale Should My Company File for Bank- firmed plan creates new contractual rights through Chapter 11: There are a number ruptcy? If So, When & What Type? and can create, replace, or supersede pre- of key advantages to effectuating a sale There are two primary types of busi- bankruptcy contractual rights. Both pre- through a Chapter 11 bankruptcy process. ness bankruptcy cases, Chapter 7 and petition and post-petition creditor claims In fact, many savvy buyers often require Chapter 11. Below is a brief overview of are satisfied as set forth in the plan. Upon that a sale be effectuated through a Chap- Chapter 7 and Chapter 11. consummation of the plan, the debtor re- ter 11 bankruptcy process to take advan- ceives a discharge of any debt that arose tage of these benefits. The most notable of Liquidation – Chapter 7 of the before the date of confirmation. However, these benefits include: Bankruptcy Code. Chapter 7 of the confirmation of a Chapter 11 plan does not • A reduced risk of later challenges, in- Bankruptcy Code provides for the orderly discharge the debtor if the plan is a liqui- cluding a fraudulent conveyance. and equitable liquidation and distribution dation plan. • This form of sales is favored by direc- of non-exempt assets of the debtor. In ex- Under Chapter 11, the debtor is au- tors who have no financial stake in the change, an “individual” debtor will receive thorized to and generally continues to op- game. a discharge. Corporations and partner- erate the business in the ordinary course • Assets can generally be sold free and ships, which are not individuals under the without bankruptcy court approval. Pur- clear of liens, claims and encum- Bankruptcy Code, do not receive dis- suant to Section 1104 of the Bankruptcy brances (including successor liability charges under Chapter 7. Instead, the cor- Code, on the request of a party in interest, claims) and over objections by share- porate shell is left with debts, but no the court shall appoint a Chapter 11 holders and creditors. assets. A corporation seeking a discharge trustee for cause, including fraud, dishon- • Executory contracts in default can be must file Chapter 11 and confirm a Chap- esty, incompetence, or gross mismanage- cured, assumed, and assigned, even if ter 11 plan. ment, either before or after the bankruptcy the contract provides otherwise (there At the commencement of a Chapter 7 filing, or where appointment of a trustee are some exceptions, such as certain case, a “panel” trustee is appointed by the is in the best interest of the parties in in- intellectual property contracts). Office of the United States Trustee (the terest. Generally, courts will not appoint a • Executory contracts can be rejected, “U.S. Trustee”) to serve as Chapter 7 Chapter 11 trustee absent a showing of which gives Purchasers the ability to trustee of the debtor’s bankruptcy estate. fraud or gross mismanagement. “cherry-pick” which contracts they Pursuant to Section 704 of the Bankruptcy want to acquire. Code, the Chapter 7 trustee takes over full Key Benefits of Chapter 11. There • Avoidance of transfer taxes if sold control of the debtor’s assets and is are a number of significant benefits to through a plan, which can be a signif- Continued on page 28 28 • BLACK CAR NEWS • MAY 2021 Continued from page 27

icant benefit, especially where real es- with significant administrative claims. Last year, when the PPP loan deadline tate is involved. • There also may be a greater ability to was extended to August 8, 2020, the trans- pay contract and lease cure costs over portation sector had some early help avail- Small Business Debtors - Subchap- time in connection with a contract and able in the pandemic. Even so, with the ter 5 of Chapter 11 of the Bankruptcy lease assumption. diminished revenues continuing into 2021, Code. Special rules also apply with respect we have seen some companies already to small business debtors. As of February Procedural Benefits: There are also shut operations or file for bankruptcy. The 20, 2020, newly-enacted subchapter 5 of several procedural differences/benefits of new funding for PPP loans (including the Chapter 11 became effective. Subchapter Subchapter 5 over traditional Chapter 11, availability of a second draw), and the en- 5 modifies certain longstanding provisions including: hancements to the other SBA loan pro- of Chapter 11 with respect to certain small • There is no obligation to file a separate grams discussed above, can provide business bankruptcy cases. The recently- disclosure statement in connection transportation companies some needed fi- enacted rules applicable to small business with the Chapter 11 plan, which saves nancial assistance. This may allow trans- debtors are very favorable to a debtor and time and costs. portation companies to – at least debtors will try to find ways for the small • The debtor retains exclusive ability to temporarily – meet payroll and other costs business bankruptcy rules to be made ap- file and confirm a Chapter 11 plan and to postpone any decision regarding a total plicable to them. Subchapter 5 of Chapter creditors have no ability to strip the closure or a bankruptcy filing. However, 11 currently applies to debtors with aggre- debtor of that right. In a traditional these are only stopgap measures and gate non-contingent liquidated secured Chapter 11, the debtor retains the ex- everyone must be thinking several steps and unsecured debts not more than a spec- clusive right to file a plan for only a ahead right now. If there is no comeback ified threshold. Until March 27, 2020, the limited timeframe and other parties before the end of 2021, and if your business threshold was approximately $2.7 million can attempt to shorten that time- is not primed for buying, selling, or other (excluding debts owed to insiders and af- frame. options, it may be too late to start the filiates). However, on March 27, 2020, the • The trustee is accountable for all prop- process and your options will be limited. CARES Act went into effect, which in- erty received, will examine proofs of As an alternative, and based upon the creased the threshold to $7.5 million. This claim, controls plan distributions if above, transportation companies may increased threshold for the amount of debt nonconsensual plan, and has a fee want to consider the merits of a merger/ac- to qualify for Subchapter 5 was scheduled equal to 5% of receipts. quisition or sale, given that no one is able to revert back to $2.7 million; however, the • Unsecured creditors’ committees will to adequately predict the market in the COVID-19 Bankruptcy Relief Extension be very rare in Subchapter 5 cases. near-term. Even with a comprehensive Act of 2021 was enacted on March 27, 2021 The committee can result in consider- vaccination program, work-travel habits and extended for one year. Therefore, eli- able cost savings given that a debtor may be altered for some time. So, the idea gible financially distressed businesses typically pays for all of the fees and ex- of adjusting business plans to account for should give serious consideration to taking penses of the Committee’s profession- the “new normal” should already be under- advantage of the new law before the pro- als, including attorneys and financial way. Many companies have already ar- gram reverts back to the significantly- advisors. rived at that fork in the road. They should lower threshold in March 2022. take it – after applying for the PPP loans Strategic Advantages: For Subchap- and other assistance – to travel the road Differences/Benefits of Subchapter ter 5 cases there are numerous strategic into 2021, 2022, and beyond. 5 over traditional Chapter 11: Subchap- considerations for a transportation com- If your company is not involved in net- ter 5 of Chapter 11 provides numerous ad- pany-debtor, including: working with others and you feel like you vantages when compared to a traditional • The ability to pay down debt prior to a are on an island – especially with many Chapter 11 bankruptcy filing, including filing to become eligible for subchapter trade conferences not being able to be held the following: 5. in person this past year – you are NOT • The trustee will typically appoint a • The transportation company-debtor alone! Our firm represents large, small, small business trustee, and there will may spin off certain assets/liabilities and middle market mobility companies be no creditors’ committee – which is into a separate legal entity in order to that are interested in buying, selling, more direct and avoids the costs of a make one or both entities eligible for merging, and engaging in partnerships creditors’ committee. subchapter 5. with others in light of the new post-pan- • In most cases, under Subchapter 5, the • There is a greater opportunity to pro- demic economy. We keep a confidential in- debtor transportation company will pose a sale of all assets to a favored ventory of clients and other contacts in the continue to manage the business oper- party without a bidding process or industry – which includes whether the ations. creditor consent. Traditional Chapter company is interested in buying or selling, • In a Subchapter 5 case, the “absolute 11 limits the ability of a debtor to do and what the parameters are – so that we priority rule” does not apply, which so under a chapter 11 plan because (i) can serve as matchmaker. Non-disclosure- generally requires that creditors be creditors can seek to terminate plan agreements (NDAs) are typically issued, paid in the order of their priority. In- exclusivity and submit a completing and given the extensive contacts we have stead, Subchapter 5 allows equity plan, and (ii) at least one impaired around the country and the world, your holders to retain their equity even if creditor class must approve the plan deal could be waiting right here. There is unsecured creditors have not been even when it is a “cram down” plan. no obligation to commit to anything, and paid in full. all inquiries or expressions of interest will • There is no obligation to use excess Given the numerous substantive, pro- remain confidential. Just pick-up the post-bankruptcy petition income for 3- cedural and strategic benefits that a Sub- phone, send an email, and help and oppor- 5 years to fund plan payments to cred- chapter 5 bankruptcy case provides when tunity is on the way. itors if fully consensual. compared to a tradition Chapter 11 case, • There is no obligation to employ and transportation operators that are facing Professor Matthew W. Daus, Esq. is President, pay fees of Subchapter 5 trustee to insurmountable debts may want to con- International Association of Transportation Reg- make plan payments if fully consen- sider the Subchapter 5 option now since ulators (http://iatr.global/); Transportation sual. the more generous provisions that increase Technology Chair, City University of New York, • Administrative Claims can be paid the debt limit to $7.5 million will expire – Transportation Research Center at The City Col- over time, rather than all at once upon absent action by the Biden administration lege of New York (http://www.utrc2.org/); and Partner and Chairman, Windels Marx Trans- plan confirmation, as is the case in a and Congress – on March 27, 2022. portation Practice Group traditional chapter 11 case. This (http://windelsmarx.com). He can be reached at change will be of particular benefit to What Do I Do Next? [email protected] or 212.237.1106. any transportation company-debtor Join the Opportunity Registry MAY 2021 • BLACK CAR NEWS • 29 INDUSTRY NEWS SECOND DRIVER ARRESTED FOR WORKERS’ COMP FRAUD In April, a second driver was arrested New York. • PL 175.10 Falsifying Business and criminally charged for illegally col- The charges, which include two Class Records in the First Degree lecting workers’ compensation while D Felonies and one Class E Felony, are working. Madelyn Rodriguez was appar- as follows: Ms. Rodriguez was arrested and re- ently collecting money from the New • PL 155.35(1) Grand Larceny in the leased, without the need for bail, as these York Black Car Fund, while driving a Third Degree (1 count) were not “bail eligible” offenses. For-Hire Vehicle and collecting a pay- • PL 176.20 Insurance Fraud in the check from a job working for the city of Third Degree (1 count) Source: New York Black Car Fund MATTHEW DAUS SPEAKS AT GCLA JOSHI CHOSEN STATE OF THE INDUSTRY TO LEAD FMCSA Matthew W. Daus was one of the guest speakers as part of an industry Meera Joshi, ex-Chair of the New York panel for the Greater California Livery Association’s (GCLA’s) annual City Taxi & Limousine Commission (TLC), show/training conference. Other speakers included GCLA President Mo was nominated to serve as administrator Garkani and Executive Director Sara Eastwood-Richardson, along with ex- of the Federal Motor Carrier Safety Ad- ecutives from General Motors. ministration (FMCSA) by President Joe The primary topics were the future of the limousine industry and electric Biden. Joshi would be the first to hold the vehicles. Key takeaways from Daus’ address included: administrator title since Ray Martinez left • The limousine industry is not out of the woods yet. Many in-person con- the agency in October 2019. ventions and business events have already been cancelled for 2021, but Joshi most recently served as general with the vaccination rollout picking up steam, business travel is expected manager of the New York office of Sam to spike in 2022. Schwartz Transportation Consultants and • Though business travel is not likely to return quickly, drivers may be in- visiting scholar at New York University’s centivized to return by Sept. 5, when Pandemic Unemployment Assis- Rudin Center for Transportation policy. tance and Paycheck Protection Program (PPP) funds are expected to run She served as chief regulator of the TLC out. from 2014 to 2019. • To be prepared and remain relevant – and keep drivers working – com- “Under her leadership, New York City panies should be exploring other business opportunities, such as package mandated the reporting of granular trip delivery, non-emergency medical transport and corporate employee shut- data from large app operators, which in- tles. formed landmark data-driven safety re- • Until business travel returns to pre-pandemic levels, companies should forms, enforceable pay standards for continue to tighten their belts and be prepared if PPP money and other drivers and meaningful access to service funding streams run out. Some options to consider include mergers and for the disabled,” the FMCSA noted. acquisitions, joint ventures, retirement, and filing for bankruptcy. Source: Freight Waves “There is no downside to conducting this exercise preemptively and en- suring that your company is prepared for anything,” concluded Mr. Daus. Source: Windels Marx

Get the latest issue delivered right to your electronic device! Just email [email protected] with the subject line “SUBSCRIBE” to be added to our distribution list. 30 • BLACK CAR NEWS • MAY 2021 INDUSTRY NEWS TTA CREATES WEBSITE TO CONNECT MASSACHUSETTS PASSENGERS TO LOCAL TAXI AND LIMO COMPANIES The Transportation Alliance (TTA) sources can be deployed to lift up local business webinars, Massachusetts-spe- launched a “Ride Local Massachusetts” businesses like ours that are under se- cific newsletters, and scholarship oppor- website, part of a campaign to help passen- vere stress due to the pandemic,” said tunities for leadership training and gers connect with local taxi and limousine Jo-Anne Thompson, President of technical upgrades in the evolving indus- companies. The website (www.RideLo- Tommy’s Taxi, Inc. in Framingham, try. Fleets will also be able to request calMA.com) hosts a “Catch A Ride” direc- Mass. “I hope this encourages people in customized “Ride Local Massachusetts” tory that allows passengers to plug in their Massachusetts, and visitors to our state, decal designs from TTA. location to find a nearby service. to think about how they can support For drivers, the site features scholar- The campaign – modeled after the local businesses.” ship opportunities to diversify their busi- “Shop Local” and “Eat Local” initiatives Cheryl Horan, owner of Green & Yel- ness into the burgeoning non-emergency – empowers passengers to support local low Cab of Somerville, Mass. and a TTA medical transportation (NEMT) indus- companies and keep their transportation board member, expressed her enthusi- try. Drivers can also sign up for the free dollars in Massachusetts. Any licensed asm for the launch of the campaign: “As bi-weekly publication, “Driver Pro Tips,” and insured Massachusetts taxi or lim- a fleet operator who is local to Massachu- penned by longtime transportation con- ousine company can add their business setts, it is exciting to see TTA provide sultant Joe Rubino. Each driver newslet- to the directory, and the directory will this vital platform for local transporta- ter aims to improve safety and passenger continue to be updated with additional tion businesses to thrive, especially in experience, while giving drivers advice fleet information in the weeks and this difficult economic climate. I’m ex- on how to increase their revenue. months ahead. cited to see these tools roll out over the “The Transportation Alliance has al- The website is funded by a grant next year and I hope that the campaign ways strived to provide our industry from MassDevelopment, a state eco- will amplify the hard work that these with ample resources for success, which nomic development and finance author- vital businesses are providing for their is why we’re so excited to have the oppor- ity. The campaign will include a communities.” tunity to offer Massachusetts fleets these significant advertising campaign in the The new website will also host useful tools at no cost to them,” TTA President second half of 2021, including radio information for both fleet owners and Nick Cambas said. “This site caters to spots, posters on the commuter rail, on drivers. For fleets, the website will serve the three most important parts of any screens across Logan Airport, and on so- as a clearinghouse of free resources and transportation operation: passengers, cial media. products for Massachusetts taxi and liv- drivers and fleet operators.” “It’s a wonderful thing when state re- ery operators. Fleet operators will find Source: The Transportation Alliance

DRIVE YOUR BUSINESS

ADVERTISE WITH US MAY 2021 • BLACK CAR NEWS • 31 CLASSIFIEDS CLASSIFIED ADS ARE FREE TO THE DRIVERS IN OUR INDUSTRY! Want to sell your used vehicle? Want to sell a radio? If you are a • Or, you can mail it to Black Car News at: driver serving our industry, you can sell whatever you like (within 714 Crestbrook Avenue, Cherry Hill, NJ 08003. reason) on our Classifieds page for FREE – including old furni- In all instances, please include your name, phone number, ad- ture, used exercise equipment… whatever you like. dress, email address and the company you are affiliated with. There are three ways to submit your classified ad. • You can visit www.blackcarnews.com, click on the “Classi- All other ads – from bases and the vendors serving our industry fieds” link, enter your information directly into the boxes and – must be display ads. Deadline and pricing information for our hit send. (This is the preferred method.) display ads can be found in the “RATES/DATES” section of our • You can fax your classified ad to 856.751.0657. website, under “Rates and Schedule.”

2016 MERCEDES E350 WITH TLC PLATES, ready to rent: $500 a Yellow Taxi Drivers Wanted! week. Plz contact Rashid: 718-666-5511. GET A CAR - PRIUS V HYBRID 2015 FORD FUSION SE FOR SALE. Very low miles (14k), car runs 7 days 24/7 $400 • 6 days 24/7 $350 like brand new: $11,999 or best offer. VIN: 3FA6P0H72FR260860. Grey Exte- rior/Black Interior. The car is in Clifton, NJ. Please call Ed: (716) 666-0411. 5 days 24/7 $300 • 1st week ½ price Get car in Chelsea 24/7 $80 per day 2015 MKT, TLC-READY, MINT CONDITION, lease to own $450/wk. Down payment required. Please call Chris: 718-962-4799. 2015 MKT, TLC-READY, lease to own: $400/week. Please call Chris: Call Today! 917.374.8538 718-962-4799. or email [email protected] SKYLINE RADIO FOR LEASE: $125 weekly. Please call: (973)866- 7797. 2013 GMC YUKON FOR RENT with TLC plates: $350/week. Long or ELITE RADIO FOR SALE: Only $10K. Please call: (917) 731-2923. short term is okay. Call Alex: 917-440-5454. UTOG RADIO FOR LEASE (no contract), flat 33% on your booking, 2019 CADILLAC XTS LUXURY FOR SALE OR LEASE with the rest you take home! Quality work (like UBER Black), you need a Black the option to buy: $21,900. Excellent condition, 70,655 miles, like new, NO Sedan or SUV 2014 or newer! For info, please call: 347-440-3247. ACCIDENTS, clean Carfax, 4 brand new tires, new battery, Just changed the transmission fluid, oil. Call: 201-494-8041. DIAL CAR FRANCHISE TABLET for $20,000. Please contact me at: (718) 740-1079. 2014 CHRYSLER 300 EX8 FOR SALE. Car has been profession- ally stretched 8 inches, 84K miles, one driver, black/black leather, properly VITAL FRANCHISE RADIO FOR LEASE. Weekly rate is only $50. maintained: $7,800. Call Nick for more info: 786-728-5888. If you are interested, please contact me at 917-215-7193 or email me at [email protected]. 2016 MERCEDES E350 4MATIC FOR RENT. Interested? Call (917) 577-3592 or email [email protected]. 2016 CADILLAC ESCALADE ESV FOR SALE.Premium Pack- age, black/black with 22” chrome rims, new tires, clean Carfax (no accidents). NYC TAXI MEDALLION FOR SALE: It’s a very lucky number, Never used/registered as a livery vehicle. Original owner. Warranty up 70K clean, unrestricted, no liens, no holds, not on any TLC list for conversion. miles, only 46,850 miles: $51,850. Call Zack 201-290-3660. Currently leased to broker. Papers easily transferred if you wish to continue. Excellent opportunity for two partners. For more info, call Harvey at (516) FOR SALE: 2015 CHEVY SUBURBAN, Black on Black with 96,000 238-0066 or email [email protected]. accident-free miles. Clean Car Fax. $24,000 firm. Title in hand. Call: 347-384- 9201. 2016 CHRYSLER 200 FOR RENT. Excellent condition. Insurance and maintenance included. Call Jose: (718) 812-4856. 2009 LINCOLN TOWN CAR FOR SALE: 349K miles, black, in good shape (runs well). Asking $2,000 or B.O. Call Lewis (retired) at (516) RENTING OUT UTOG RADIO. Tired of driving for predator app com- 238-0327. panies? Drive for one of the oldest black car groups, UTOG. You can rent my radio for $200/month. Call: 516-868-7944. Please leave a message with 2011 GMC YUKON XL SLT FOR SALE. Black, 153K upstate NY name, number. highway miles, new trans, tires just one year old, aftermarket headlights, lighted running boards, 22-inch Escalade rims. Needs nothing, detailed and PHONE OPERATOR SEEKS OVERNIGHT SHIFT. Highly expe- ready to work. Only $12,000. Call: 845-514-5304. rienced, will travel locally (preferably Brooklyn /Queens), will work ONLY Aleph system. Contact: [email protected] or 917-855-4290. BELL RADIO FOR RENT. Bell is part of Executive Charge Transporta- tion Group, cost is $200/month. Please call or text Oscar at 908-477-8524. NY ONE RADIO FOR LEASE. Voucher work and plenty of line work for serious $$. Net $1200+ per week! Just put in the hours. Best deal you DIAL CAR RADIO FOR LEASE: $50/week. $50/week. Please will find! Lease $15/per wk. Phone calls only: 917 816-7209. Ask for Irv. call/text Mikhail: 917-755-5550 DIAL CAR FRANCHISE TABLET FOR SALE. Asking $20,000. URGENT: SELLING 2016 LEXUS LX 570. Please directly contact Contact me at: [email protected]. me by email for more info: [email protected]. Price: 22,000 Euro. WhatsApp No: +919139124955. 2007 LINCOLN TOWN CAR FOR SALE. Tan on tan, 190,000 miles, many new parts. Runs good, no major accidents, needs a little work: 2015 LINCOLN NAVIGATOR L FOR SALE: 31K miles, b/b, like $2,500 or best offer. Best to reach me by email at [email protected] or new, garage kept, bumper to bumper Lincoln warranty to 100k or 6yrs. Fully leave a message: (914) 636-0330. loaded, rear entertainment, trailer hitch, 4+4 22inch wheels, reserve model: $45k. Must be seen and driven! Call Ari: 718-513-9428 or 561-291-2020. DIAL CAR FRANCHISE TABLET FOR SALE: $20,000. Please contact: [email protected]. DIAL RADIO FOR SALE 10K. Call or text 718-938-1313.

“LIKE” BLACK CAR NEWS FOR BREAKING NEWS. 32 • BLACK CAR NEWS • MAY 2021 MAY 2021 • BLACK CAR NEWS • 33 34 • BLACK CAR NEWS • MAY 2021