To Vaccine When It's Ready

NOVEMBER 2020 www.taxiliverytimes.com Vol.21 No. 11

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An Insider’s Look at Both NYC TLC Regulated Industries TLC DRIVERS DESERVE PRIORITY ACCESS TO VACCINE WHEN IT’S READY

LOS CONDUCTORES DE LA TLC MERECEN UN ACCESO PRIORITARIO A LA VACUNA CUANDO ESTÉ DISPONIBLE

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An Insider’s Look at Both NYC TLC Regulated Industries

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DEFENSIVEDEFENSIVE DRIVINGDRIVING COURSECOURSE (DDC)(DDC) www.TLCservices.nyc [email protected] [email protected] • www.TLCdriver.nyc 4 • TAXI & LIVERY TIMES • NOVEMBER 2020 BY NEIL WEISS EDITOR’S NOTES TAXI AND FHV DRIVERS LOS CONDUCTORES DE TAXIS Y VEHÍCULOS DESERVE EARLY ACCESS DE ALQUILER MERECEN UN ACCESO TO VACCINE TEMPRANO A LA VACUNA CUANDO ESTÉ WHEN IT’S AVAILABLE IN NYC DISPONIBLE EN LA CIUDAD DE NUEVA YORK El 21 de octubre, el alcalde Bill de Blasio anunció la estrate- On Oct. 21, Mayor Bill de Blasio announced New gia de la ciudad de Nueva York para implementar un plan de dis- York City’s plan for a two-phase vaccine distribution tribución de la vacuna en dos fases, y los conductores regulados plan, and drivers regulated by the city’s Taxi & Limou- por la Comisión de Taxis y Limusinas de la Ciudad de Nueva sine Commission (TLC) should be among the first to get York (New York City Taxi & Limousine Commission, TLC) de la access to it. They not only were deemed “essential” ciudad deben estar entre los primeros en tener acceso a ella. No workers during the early stages of the pandemic – when solo se los consideró trabajadores “esenciales” durante las etapas the city was in lockdown – they have continued to trans- iniciales de la pandemia – cuando regía el confinamiento– sino port front-line workers at great personal risk. que también han seguido transportando trabajadores de atención According to de Blasio, scientists and the state gov- al público, corriendo un gran riesgo personal. ernment will first have to vet the vaccine. During the Según el alcalde de Blasio, la vacuna deberá antes ser aprobada por los científicos y el gobierno del estado. Durante la first phase of distribution, there will likely be a limited primera fase de distribución, lo más probable es que haya un supply of the vaccine, so frontline and essential work- suministro limitado de vacunas, motivo por el cual se priorizará ers, health care personnel, and at-risk groups will be a los trabajadores esenciales y de atención al público, al personal prioritized. TLC drivers should, without question, be of- de atención médica, y a los grupos en riesgo. Sin lugar a dudas, a fered access during this phase. los conductores de la TLC se les debe brindar acceso durante esta To prepare for the initial vaccine rollout, the city is fase. enrolling providers in the Department of Health and A fin de prepararse para la introducción de la vacuna, la ciu- Mental Hygiene’s Citywide Immunization Registry. dad está inscribiendo a proveedores en el Registro de Vacunación More than 2,500 providers currently are reporting to de la Ciudad del Departamento de Salud e Higiene Mental. Un the registry, according to a Crain’s New York Business artículo de Crain’s New York Business indica que hasta el mo- article. mento, se han presentado al registro más de 2,500 proveedores. La segunda fase ampliará esfuerzos para vacunar al público The second phase will expand efforts to vaccinate en general. La vacuna se distribuirá a través de hospitales públi- the general public. The vaccine will be distributed cos y privados, clínicas de atención médica, centros comunitarios, through private and public hospitals, health care clin- escuelas, lugares de pruebas, farmacias y centros de atención de ics, community centers, schools, testing sites, pharma- urgencia. cies, and urgent-care centers. “Tenemos que poner la vacuna a disposición de la población, “We have to make the vaccine available regardless independientemente de sus posibilidades de pagar; debe ser gra- of people’s ability to pay; it has to be free for those who tuita para quienes la necesiten", manifestó el alcalde de Blasio need it,” de Blasio was quoted as saying in a WABC ar- en un artículo de WABC. “La vacuna será una parte crucial de ticle. “The vaccine will be a crucial part of our rebirth nuestro resurgimiento y tenderá un puente económico hacia nues- and open the economic bridge to our recovery.” tra recuperación”. The city plans to conduct its own vaccine-effective- La ciudad tiene previsto realizar sus propios estudios y seguimiento de efectividad de la vacuna con una muestra de neoy- ness studies and follow up with a sample of New York- orquinos que la reciban. El delegado del Departamento de Salud ers who receive it. New York City Health Commissioner de la ciudad de Nueva York, Dr. David Chokshi, informó que la Dr. David Chokshi said Phase 2 of the plan includes the Fase 2 del plan incluye lo siguiente: following: • Hacer un seguimiento de los fundamentos científicos de la • Tracking the science of the vaccine vacuna • Enrolling and educating doctors and clinicians • Inscribir y educar a los licenciados en medicina y a los médi- • Adapting databases cos • Detailed plans for physical distribution and storage • Adaptar las bases de datos • Elaborar planes detallados de distribución física y almace- It’s important to note that the release date for a vac- namiento cine is unknown, and the public should not expect one Cabe señalar que se desconoce la fecha de lanzamiento de la until “at least a few months into 2021.” The mayor pre- vacuna, y la población no debe esperar que se este produzca dicted that many Americans will resist taking the first “hasta transcurridos al menos unos meses de 2021”. El alcalde vaccine made available – but added that New Yorkers predijo que muchos estadounidenses se resistirán a que se les will likely be more willing to take it than the average aplique la primera vacuna que esté disponible, pero agregó que citizen. los neoyorquinos probablemente estarán más dispuestos que el I urge industry leaders to fight for drivers who want ciudadano promedio. to be included in Phase 1 of the city’s vaccine plan. They Insto a los líderes de la industria a luchar en favor de los con- have earned that right! ductores que deseen ser incluidos en la Fase 1 del plan de vacu- nación de la ciudad. ¡Se han ganado ese derecho!

BY “TAXI DAVE” POLLACK

I believe it was 2017 when the Port tolls and additional taxi fees. If a fam- Passes in use by their employees Authority of New York & New Jersey ily rents a car, good luck with the mul- would more than cover any income re- first announced charging each taxi & tiple tolls and paying for parking. The ceived by charging taxi drivers to enter FHV a $4 fee for the opportunity of daily parking rate in NYC costs more the airports. using their blacktop as they waited for than you used to pay for a daily motel They should also save the $200 fares. This would coincide with toll in- room. million given each year to New York creases at their river crossings, like Anyway… Let’s get back to the Air- and New Jersey Governors without ac- the George Washington Bridge/Lin- port Access Fees. It’s already bad countability. Now you understand why coln Tunnel, as well as fare increases enough that some passengers do not both Governors do not speak out for their Air Train. believe in tipping drivers above the against the ever-rising tolls, and why From where I sit, the Port Author- flat rate, yet the Port Authority be- they do speak out and advocate the ity needs ground transportation at lieves they are entitled to a piece of the federal government for more $ for the New York City’s airports to service the already slim taxi fare pie that really Port Authority. millions of airline passengers flying should go to drivers servicing airline The Port Authority should also sell into New York. Besides deriving in- passengers. They simply don’t give a all those retail store and restaurant come from our industry, the Port Au- crap about us! leases paying exorbitant rents. Now is thority owns real estate, restaurants, One would think that the NYC the time to sell the assets they have and has its own police force, and em- Taxi & Limousine Commission (TLC) attained since raising the tolls ploys a total workforce of 7,000 em- would take up the plight of licensed 3,100%! ployees (with much nepotism, I might drivers with the Port Authority, but Theoretically, these moves could add). The Port Authority SHOULD BE the TLC has always been the best at bring over $30 billion to the Port Au- PAYING, NOT CHARGING each of passing the responsibility and kicking thority, more than enough to run the those vehicles $4 to insure service to the ball to others. Port Authority for five years without those airline customers! That is why I thank, and we should any toll or any collection. (Free bridges The unfair vehicle tolls at the river all be grateful to the Metropolitan and tunnels? What do you think?) crossings managed by the Port Au- Taxicab Board of Trade for advocating The Port Authority needs to be re- thority are the highest in the country: on behalf of all airport ground trans- organized – with the public directly de- $16 for the George Washington Bridge, portation segments, and getting the ciding how it is to be run, which assets for example. I remember when the toll Port Authority to delay the Airport Ac- sold would bring them the most to cross the Hudson was 50 cents. A cess Fees until the NYC taxi industry money, and having the public decide if 3,100% toll increase in my lifetime can recover from this pandemic. their employees should have free EZ- seems a bit high, don’t ya think? Yet Thanks to this worthy association, the Passes, let alone how much, if any- the Port Authority stays up nights cre- $4 Access Fee will be reduced when- thing, to charge taxi drivers. ating new sources of income, at the ex- ever it is initiated. Instead, this out of control bureau- pense of the public and hard-working Here are a few tips for the Port Au- cracy feels the need to charge drivers drivers. thority: YOU DON’T RAISE TOLLS of taxis and FHVs $4 per entry into We say that New York is the great- OR ADD FEES DURING A PAN- the parking lots at JFK and La- est city in the world, or at least the DEMIC! Instead, the Port Authority Guardia – whether that vehicle suc- greatest city in America, but driving or should sell some of their real estate cessfully picks up a fare. Once again, flying into New York City can deplete holdings that would bring them a fi- thank you MTBOT. To paraphrase a a family’s vacation fund rapidly, with nancial windfall. Simply taking away John Lennon quote: “Power to The unexpected expenses like their absurd most of those orange colored EZ- People”… not the Port Authority!

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

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Dear Taxi Dave PORT AUTHORITY A long, long, time ago, in a galaxy far away, the TLC promised that WAVs (Wheelchair Accessible Vehicles) would receive $1,000 quarterly – based on 250 trips and no arrears with payments or ANNOUNCES summonses. Also, $1 for each trip on a Bank of America card. I haven’t received my $1,000 this year at all, and I’m concerned I’ll never see it again. So, why should we pay sur- COVID PROTOCOLS charges? That money was supposed to be put into escrow and distributed to WAV COVID-19 is impacting our airports and the Port Authority is working to prevent owners each quarter. LIES, LIES, LIES! its spread. The agency says that “the safety and well-being of our passengers, em- Where is the money? Who calculated it? ployees and service providers is our number-one priority.” Who manages it? In an effort to ensure passengers feel comfortable while traveling, the Port Au- It’s time to eliminate the TLC. They are thority is requiring the below protocols be followed while servicing our airports. useless. There’s no reason for them to be around. They don’t do anything, except Face Cover Requirement collect complaints and mail out sum- • All Taxi drivers MUST wear a face covering that covers their mouth and nose monses. when picking up a passenger at a Terminal. The face covering must be worn at Now they send settlement notices of all times a customer is in the car and when assisting customers outside the car. fines, after a driver already paid and • All Taxi passengers MUST wear a face covering when getting into a taxi at the pleaded guilty to a red-light camera. Terminal. The face covering must be worn the entire ride. If at any time a pas- WATCH OUT! TLC will send another sum- senger voluntarily states they cannot wear a face covering, the taxi dispatcher mons for the SAME violation. will assist in making accommodations. How is that legal, when delivery trucks receive five tickets for double parking at Cleaning, Health, and Physical Distance Protocols the same spot and all are DISMISSED?! • All taxi drivers must monitor their health for COVID-19 symptoms and stay The taxi industry has really gone down home if they are sick or have a fever. the tubes. This industry changed forever • All taxi drivers must practice healthy hygiene by washing their hands or using was when Koch removed two-way radios hand sanitizer and should not shake hands with any passengers. from yellow taxis and Black Cars were cre- • Vehicles should be properly cleaned and disinfected before leaving the Taxi Hold ated. That was the defining point in our Lots for a trip. history that changed us forever. Imagine if • Group rides (shared or pooled) are not permitted until further notice. it never happened? • Avoid handling passenger luggage, unless passenger asks for assistance – then – Taxi Solomon use hand sanitizer before and after handling the luggage. ______• Everyone must maintain physical distancing when able. Drivers are to keep physical distance between themselves and other drivers in the Taxi Hold Lots and between passengers and Taxi Dispatchers at the Terminals. • All passengers must sit in the back of their taxis – not in the front seat. • If a vehicle has a partition, it should be closed when a passenger is in the taxi. • When possible, set ventilation to “non-recirculated air mode” in both the driver and passenger compartment and/or open windows. • All indoor meditation areas are closed until further notice.

Cleaning, Health and Physical Distance Implementation • Signage will be installed in all holding lots with Cleaning, Health and Physical Distancing Protocols. • Additional signage/floor decals: All meditation trailers are to be temporarily closed. • Physical distancing signs should go in all restrooms • For Drivers, an area will be made available in each holding lot for drivers to self-clean/disinfect their vehicles prior to picking up a fare. • For Passengers, face coverings, hand sanitizer, and disinfecting wipes will be made available. Hand sanitizer will be made available at all taxi lines for passengers. • Disinfecting wipes will be made available at all taxi lines for passengers to wipe down high-touch areas of the vehicle, e.g. door handle, payment machine, etc. • Face coverings will be available from the taxi dispatchers as supplies are available.

Enforcement: Driver fares can be refused if they are not following the above mask requirement. NOVEMBER 2020 • TAXI & LIVERY TIMES • 7

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

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

8 • TAXI & LIVERY TIMES • NOVEMBER 2020 TAXI NEWS STOLEN TAXI NYC’S TOURISM CRISIS HITS CABBIES HARD

CRASHES In Oct., the New York Times reported portant markets for tourists visiting New that the Taxi line at Kennedy Interna- York (Britain, China, and Brazil) – are ON MANHATTAN tional Airport’s Terminal 4, where Taxis banned from entering the country. At the have historically waited to greet arrivals state’s five regional airports, international STREET CORNER has all but evaporated. Instead of a dozen arrivals were down by 93% in July, ac- A stolen Taxi crashed on a busy street cabs waiting for passengers, only a frac- cording to Port Authority data, compared corner in Manhattan, after hitting three tion of that number is there on a given day to July 2019. other cars on Oct. 18. The crash occurred – and cabbies have been known to wait for At Kennedy Airport, the number of ar- on the Upper East Side near 88th St. and hours before picking up a single passen- riving international flights fell 70% in six Lexington Ave., after police attempted to ger. months, to 2,121 in July, down from 7,034 stop the stolen Taxi. Police say no pedes- The pandemic and the global travel rein January. In August, fewer than 400,000 trians were hit. strictions introduced in March to slow the international passengers arrived at The incident began around 10:00am, spread of the coronavirus have decimated Kennedy, down a whopping 89% from when a Taxi driver left his cab unattended the American tourism industry, taking more than 3.5 million during the same on 610 Columbus Avenue near West 90th with it the livelihoods of millions of people. month the previous year. Street on the Upper West Side. The as- The U.S. Travel Association, a trade group The city’s food and beverage sector has sailant jumped into the car and drove that promotes travel to and within the lost nearly 200,000 jobs since March. The away, police said. Hours later, at 4:36pm, country, projects that the United States occupancy rate for hotels is down to about police in East Harlem saw the Taxi at a will see the number of international visi- 40%, a decrease from the more than 80% red light and tried to pull it over, but the tors plummet nearly 80% this year, to only in August 2019, according to the hospital- assailant refused to stop, police said. 18.6 million, compared to 79 million ar- ity analytics firm STR. Demand for Taxis Around 5:00pm, police responded to a rivals last year. and app-hail services in June was down by reported crash at the intersection of Lex- While that slump has been devastat- 71%, according to NYC’s Taxi and Limou- ington Avenue and East 88th Street. ing for popular tourist destinations like sine Commission, though those numbers Video from the scene released after the Orlando and Los Angeles, nowhere in the have begun to rebound recently. crash, showed the SUV taxi with front-end United States is the impact more visible In 2019, New York’s tourism industry damage as emergency responders blocked than in New York City, which drew more marked its tenth consecutive year of off a stretch of Lexington Ave. than 13.5 million international visitors growth, bringing in almost $7 billion in The FDNY was on the scene and took last year. NYC has been for years the state and local taxes and supporting more one person to the hospital. The suspect most popular big-city destination in the than 403,000 jobs, according to NYC & fled, according to police. United States. Company, the city’s tourism marketing Sources: ABC 7, Now, citizens from countries around agency. Upper East Side Patch the globe – including the three most im- Source: The New York Times

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Editor’s Notes...... 4 & From Where I Sit...... 5 An Insider’s Look at Both NYC TLC Regulated Industries Questions & Comments ...... 6 EDITOR: Neil Weiss TRANSLATIONS: Email: [email protected] The Language Center and NYC TLC Taxi & FHV Relief Stands...... 7 714 Crestbrook Ave. Cherry Hill, N.J. 08003 CONTRIBUTING WRITERS: Taxi News ...... 8 Tel: 800-723-9119/856-751-0656 Matthew Daus, Esq. Larry Fisher Livery News ...... 10 PUBLISHER: David Pollack Aloysee Heredia Jarmoszu E-mail:[email protected] Dawood Mian Features ...... 12 Phone: 718-706-TAXI (8294) Bertram Merling David Pollack Directory ...... 17 ADV. SALES MGR./ Steven J. Shanker, Esq. ART & DESIGN: Michael Spevack, Esq. Michele Norton: 856-262-2368 Industry Update By Aloysee Heredia Jarmoszu 18 Copyright © 2020 by TAXI & LIVERY TIMES. All rights reserved. Neither The Taxi Attorney By Michael Spevack ...... 19 this newspaper nor any part therof may be reproduced, copied, or transmitted in any form, without the express written permission of the publishers. The ITAR Outlook By Matthew W. Daus ...... 20 copyright is extended to the design and text created for advertisements. This publication is not responsible for errors in advertisement beyond the cost of The Fishbowl By Larry Fisher...... 23 the space occupied by the error. Bylined articles represent the sole opinion of the writer and are not necessarily in accordance with the views of TAXI & LIV- Defensive Driving By Bertram Merling ...... 24 ERY TIMES. This Publication reserves the right to limit or refuse advertising it deems objectionable. TAXI & LIVERY TIMES is published monthly at a sub- IN THIS ISSUE News ...... 25 scription rate of $48 per year. NOVEMBER 2020 • TAXI & LIVERY TIMES • 9 TAXI NEWS CITY COUNCIL APPROVES TAXI RELIEF PACKAGE IN OCT. At a New York City Council meeting on ulation. Another bill, introduced by Council- Oct. 15, three bills were approved to help “We cannot afford to have the TLC man Ydanis Rodriguez, would require the bring relief to taxi drivers and medallion auction off medallions at speculative TLC to take into account the character, holders experiencing hardship from debt by prices or approve medallion transfers with honesty, and integrity of brokers, agents, fighting off predatory lending. The taxi in- speculative loans,” the bill’s sponsor, and licensees when they either submit for dustry was struggling before the pandemic, Councilman Richie Torres said. “This bill a new license or renew an old one. The and COVID-19 has hit medallion prices will create a new office that will have the TLC could, in the future, reject an appli- even harder, further reducing their values statutory obligation to oversee and regu- cation if the individual is found to lack as rides and profits have fallen. late the financial stability of the medallion these qualities upon taking into account As part of the package, City Council market.” any prior fraudulent, deceitful or unlawful will be creating an Office of Financial Sta- Int. No. 1584-A would require those acts while engaged with the commission bility within the Taxi and Limousine applying for a taxi license to disclose fi- in the course of obtaining a license. Commission (TLC), which will evaluate nancial reports on income and any loans The bills are set to go into effect 180 the industry and provide oversight of in- secured, as well as any other interests the days after being signed into law by the come and expenses for medallion owners, person filing the disclosure has in any Mayor. medallion loan terms, and market manip- taxi, livery, or for-hire vehicle business. Source: am New York CABBIES SEEK RELIEF ON PARKING TICKETS AS ESSENTIAL WORKERS New York City’s taxi drivers are ask- absolve essential workers from having to ing for relief from the Mayor and City pay fines for parking tickets during that Council as they struggle to pay their bills. time frame, except violations that in- In October, they requested amnesty from volved hydrants, bus stops, and bus lanes. having fines for most parking violations. The de Blasio administration is oppos- Taxi driver members of the city’s Taxi ing the idea. Joshua Benson, Deputy Com- Workers Alliance rallied outside Gracie missioner of Traffic Operations for NYC Mansion on Oct. 16, chanting, “Debt for- Department of Transportation, said: “We giveness now!” The Alliance says the city have a concern about sending a message should grant the drivers amnesty from out that it’s ok to violate parking regula- having to pay parking violations incurred tions.” between mid-March and late September. Benson said forgiving fines for double “I feel they were essential workers,” parking and other violations minimizes said City Councilman Ydanis Rodriguez, the DOT’s commitment to safety and who chairs the Transportation Committee other transportation goals. and introduced the bill. The bill seeks to Source: NY1

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Just email [email protected] with the subject line “SUBSCRIBE” to be added to our distribution list. 10 • TAXI & LIVERY TIMES • NOVEMBER 2020 LIVERY NEWS PASSENGERS INJURED WHEN THIEF LADRÓN AL VOLANTE DE UN VEHÍCULO DE LA CRASHES INTO LIVERY WITH NYPD ROBADO IMPACTA CONTRA VEHÍCULO DE STOLEN NYPD VEHICLE ALQUILER HIRIENDO A SUS PASAJEROS A man was arrested in the early morning hours of Oct. Según el Departamento de Policía de Nueva York (NYPD), un 1, after allegedly stealing a police vehicle before crashing hombre fue arrestado en las primeas horas de la mañana del 1.o de into a Livery vehicle in Brooklyn, according to the NYPD. octubre, tras haber robado presuntamente un móvil policial antes Authorities said the man, 23, somehow got inside a de impactar contra un vehículo de alquiler en Brooklyn. Las au- marked NYPD traffic vehicle, sped off, and crashed into a toridades informaron que el hombre, de 23 años, logró ingresar a Livery vehicle shortly after, in the vicinity of Taaffe Place un vehículo que tenía identificación de la policía de tránsito del NYPD, arrancó a toda velocidad y momentos después impactó con- and Park Avenue. tra un vehículo de alquiler en las cercanías de Taaffe Place y Park Passengers inside the Livery vehicle suffered minor in- Avenue. juries, according to authorities. Cops were able to arrest Los pasajeros que viajaban en el vehículo de alquiler sufrieron the assailant at the scene. heridas leves. Los policías pudieron arrestar al agresor en el lugar Source: PIX 11 del accidente. Fuente: PIX 11 HISPANIC NYC BUSINESSES FACE LAS EMPRESAS HISPANAS DE LA CIUDAD DE NUEVA YORK ENFRENTAN MÁS DESAFÍOS ADDED CHALLENGES IN PANDEMIC EN MEDIO DE LA PANDEMIA Despite making up 29% of New York City’s population, Hispanics own only 6% of its businesses, according to newly Pese a representar un 29 % de la población de la ciudad de Nueva released data from the Center for an Urban Future. Hispanic York, la comunidad hispana solo posee un 6 % de sus empresas, business ownership in the Bronx – the borough that boasts the según datos recientemente publicados por el Centro para un Futuro city’s largest Hispanic population – has dropped by 23% since Urbano. La propiedad hispana de empresas en el Bronx – el distrito 2012. que ostenta la mayor comunidad hispana de la ciudad – cayó un 23 One possible reason behind the disparity between the city’s % desde 2012. Según el estudio, un posible motivo de la desigualdad entre la Hispanic population and its lack of participation in local busi- población hispana de la ciudad y su falta de participación en el com- ness is access to capital, the study said. For Hispanics, espe- ercio local es el acceso al capital. Para los hispanos, especialmente cially small-business owners and entrepreneurs, this challenge los empresarios y los dueños de pequeñas empresas, esta dificultad is compounded by socioeconomic disparities – like low-income se agrava por desigualdades socioeconómicas, como empleos de bajos jobs, insufficient health insurance, and other factors that ingresos, seguro de salud insuficiente, y otros factores que hacen más make opening a business more difficult. difícil abrir un negocio. The economic destruction wrought by Covid-19 could fur- La destrucción económica provocada por el Covid-19 podría ob- ther hinder capital opportunities for the present generation of staculizar aún más las oportunidades de capital para la actual gen- Hispanic New Yorkers. However, some observers are more op- eración de hispanos radicados en Nueva York. No obstante, algunos timistic. Many Hispanic business owners received both PPP observadores son más optimistas. Durante el pico de la pandemia, loans and Small Business Administration Economic Industry muchos dueños de empresas hispanos recibieron préstamos tanto de colaboración público-privada (PPP) como para Pérdidas Económicas Disaster Loans during the height of the pandemic. por Catástrofes de la Industria por parte de la Administración de Pe- Economic discrimination is nowhere near as bad as it once queñas Empresas. was, according to the report. Many Hispanic New Yorkers are El informe indica que la discriminación económica dista mucho the children of immigrants, who not only battled a language de la que se registró alguna vez. Muchos neoyorquinos hispanos son barrier but also had a lack of connections. As the Hispanic pop- hijos de inmigrantes, quienes no solo lucharon contra una barrera id- ulation has grown, that is no longer the case. iomática sino también contra la falta de contactos. Al haber crecido The gap between New York’s large Hispanic population la población hispana, eso ya no ocurre. and its business ownership might also be exacerbated by the La brecha entre la numerosa población hispana de Nueva York fact that the children of first-generation Hispanic-Americans y su propiedad de empresas también podría estar exacerbada por el deliberately chose not to follow their parents’ career paths as hecho de que los hijos de hispanoestadounidenses de primera gen- small-business owners. Instead, they became teachers, prin- eración eligieron deliberadamente no seguir el rumbo laboral o pro- fesional de sus padres como propietarios de pequeñas empresas, sino cipals, members of the military, police officers, doctors, convertirse en docentes, directores/rectores, miembros del ejército, lawyers, and elected officials. oficiales de policía, médicos, abogados y funcionarios electos. Source: Crain’s New York Business Fuente: Crain’s New York Business

An Insider’s Look at Both NYC TLC Regulated Industries “LIKE” US ON FACEBOOK FOR BREAKING NEWS! OR VISIT US ONLINE AT WWW.TAXILIVERYTIMES.COM NOVEMBER 2020 • TAXI & LIVERY TIMES • 11 LIVERY NEWS IS IT COVID-19 OR TONSILLITIS? ¿ES COVID-19 O AMIGDALITIS? Tonsillitis is common, especially in children. Thankfully, La amigdalitis es común, especialmente en niños. Afortunada- mente, la mayoría de los casos de amigdalitis no causan complica- most cases of tonsillitis don’t cause long-term complications. ciones a largo plazo. Sin embargo, los síntomas de la amigdalitis Symptoms of tonsillitis, however, can mimic the symptoms of pueden imitar los síntomas del COVID-19, que pueden ser alar- COVID-19, which can be alarming. Cooper’s infectious diseases mantes. El experto en enfermedades infecciosas de Cooper puede expert can help you differentiate the two. ayudarlo a diferenciar los dos. “Tonsils are glands at the back of the throat that make an- “Las amígdalas son glándulas ubicadas en la parte posterior de tibodies that help fight infection. Tonsillitis occurs when the ton- la garganta que producen anticuerpos que ayudan a combatir las in- sils become inflamed and infected – usually from bacteria or fecciones. La amigdalitis ocurre cuando las amígdalas se inflaman e viruses,” says Raquel Nahra, MD, Infectious Diseases Specialist infectan, generalmente por bacterias o virus ”, dice Raquel Nahra, at Cooper University Health Care. “While seen most often in MD, Especialista en Enfermedades Infecciosas de Cooper University children, adults can develop tonsillitis as well at any age. Ton- Health Care. “Aunque se observa con mayor frecuencia en niños, los sillitis is usually accompanied by fever and sore throat.” adultos también pueden desarrollar amigdalitis a cualquier edad. La amigdalitis suele ir acompañada de fiebre y dolor de garganta “. Other signs and symptoms of tonsillitis include swollen ton- Otros signos y síntomas de amigdalitis incluyen amígdalas in- sils, sore throat, difficulty swallowing and tender lymph nodes flamadas, dolor de garganta, dificultad para tragar y ganglios lin- on the sides of the neck. Tonsillitis caused by a virus will usually fáticos sensibles a los lados del cuello. La amigdalitis causada por go away on its own, but if it is caused by a bacteria, you may un virus generalmente desaparece por sí sola, pero si es causada por need medication such as antibiotics. una bacteria, es posible que necesite medicamentos como antibióti- COVID-19 is an infectious disease caused by the coronavirus. cos. Symptoms of COVID-19 include dry cough, fever, and in more COVID-19 es una enfermedad infecciosa causada por el coron- severe cases, difficulty breathing. avirus. Los síntomas de COVID-19 incluyen tos seca, fiebre y, en “You can protect yourself from COVID-19 by washing your casos más graves, dificultad para respirar. hands frequently, avoiding touching your face, wearing a face “Puede protegerse del COVID-19 lavándose las manos con fre- mask, and practicing physical distancing,” says Dr. Nahra. “If cuencia, evitando tocarse la cara, usando una mascarilla y practi- cando el distanciamiento físico”, dice el Dr. Nahra. “Si tiene algún you are experiencing any symptoms of tonsillitis, or COVID-19, síntoma de amigdalitis o COVID-19, comuníquese con su proveedor contact your primary health care provider for an evaluation.” de atención médica primaria para una evaluación”. CORONAVIRUS VS. TONSILLITIS CORONAVIRUS VERSUS AMIGDALITIS

SYMPTOMS• SINTOMAS COVID-19 TONSILLITIS • Amigdalitis Fever • Fiebre X X Sore throat • Dolor de garganta X X Digestive discomfort • Malestar digestivo X X Headache • Dolor de cabeza X X Cough • Tos Dry - Seca (no mucus) Chest pain • Dolor de pecho X Nasal congestion • Congestión nasal X Shortness of breath • Dificultad para respirar X Bluish lips or face • Labios o cara azulados X Chills and aches • Escalofríos y dolores X Loss of smell and taste • Perdida del olfato y el gusto X Conjunctivitis (pink eye) • Conjuntivitis X Tiredness • Cansancio X Red, swollen tonsils • Amígdalas rojas o hinchadas X White or yellow coating/patches on tonsils • Capa / manchas blancas o amarillas en las amígdalas X Difficulty swallowing • Dificultad tragando X Enlarged, tender lymph nodes in the neck • Ganglios linfáticos agrandados y sensibles en el cuello X Scratchy voice • Voz rasposa X Bad breath • Mal aliento X Stiff neck • Rigidez de nuca X

If you have flu-like symptoms and think you may have been Si tiene síntomas similares a los de la gripe y cree que pudo haber exposed to COVID-19, review our instructions and information estado expuesto al COVID-19, revise nuestras instrucciones e informa- on our testing sites. If you believe you have an ear infection, call ción en nuestros sitios de prueba. Si cree que tiene una infección de oído, 800.826.6737 to make an appointment with an expert from the llame al 800.826.6737 para programar una cita con un experto de la Di- Division of Otolaryngology to discuss your options. visión de Otorrinolaringología para analizar sus opciones. Source: Cooper Health 12 • TAXI & LIVERY TIMES • NOVEMBER 2020 FEATURES TIPS TO ENSURE YOU HAVE THE BEST INSURANCE COVERAGE FOR YOUR CAR You bought that new car with ad- operations of the vehicle. By having the Review your policy to ensure that OEM vanced technology features to keep you collision repair facility scan those codes parts are covered on a newer vehicle. How- safe, but is your insurance policy ready to before the repair, they – and you – can get ever, for a vehicle that is more than five keep your vehicle safe in case of an acci- a more complete evaluation of the repair years old, you might select the option of af- dent? There have been numerous changes needed. A scan afterward ensures that all termarket parts based on the value of the in vehicle design and technology over the of the repair needs have been met. A high- vehicle. past five years. The repair standards and quality collision repair facility will always Hybrid and EV Repairs: For today’s requirements to restore them after an ac- conduct pre- and post-repair scans of your hybrids and electric vehicles, the repair cident have changed, too. However, in vehicle. processes are very different. It is impor- many cases, standard insurance coverage System Calibration: Many vehicles tant that your insurance cover these types hasn’t kept up with these changes and could leave you with a shortfall or a vehicle that isn’t safely repaired to your expec- tations. The following tips from CARSTAR, can help ensure your auto insurance provides thorough coverage for you and your vehicle. In all cases, check with your insurance agent or carrier to see what is offered in your state. “You should evaluate your insurance coverage not just by the deductible but by the repair standards it covers and those required for your vehicle,” said Arlo John- son, SVP Insurance, Collision & Glass Vertical, for Driven Brands. “You need to understand if your vehicle requires OEM or aftermarket parts – and what the policy covers, if pre- and post-repair scanning are covered, if calibration is required and if with advanced technology have cameras of repairs – and you use a qualified colli- OEM repair standards guide the repair around the exterior to provide lane warn- sion repair facility. These repairs can be process. This helps ensure your safety on ings, backup alerts and front distance no- more expensive than traditional vehicles, the road in your repaired vehicle and pre- tifications. Following certain types of so you should factor that into your ongoing serves the value of that investment.” collisions, these may need to be recali- maintenance costs. The following factors should be consid- brated to ensure proper performance. It is “Should an unfortunate incident occur, ering when getting new coverage or re- important to double-check that your policy it is important to carefully choose a colli- newing a policy: covers this when you have a newer vehi- sion repair partner who is certified and Advanced Technology Scanning: cle. equipped to repair your vehicle back to The vehicle’s advanced technology, or OEM Parts: Repair standards from pre-collision quality,” said Johnson. “Re- ADAS, protects you in traffic. But after an the vehicle manufacturers typically en- search repair locations who are certified accident, does your policy cover full repair sure the safest collision repair processes to by the manufacturer of your vehicle, carry of this technology, included pre-and post- return that vehicle to pre-accident condi- I-CAR Gold training or have third-party repair scanning? There are hundreds of tion. Many times, this mandates OEM quality certifications.” computer codes required to manage all the parts designed specifically for that vehicle. Source: CARSTAR USE EXTRA CAUTION AS DAYLIGHT HOURS GROW SHORTER

Now that we’ve turned our clocks back an hour due to Daylight Saving Time, it’s important to use extra caution as the days get dark earlier. It’s essential to be vigilant and watch for pedestrians and bicyclists, particularly around dusk, as your eyes are adjusting to the darkness. Source: NYC TLC NOVEMBER 2020 • TAXI & LIVERY TIMES • 13 FEATURE ACTIVITIES AND EXERCISES TO EASE CHRONIC PAIN From minor aches that cause tempo- on a treadmill for 30 minutes a day, a lengthen and strengthen your arm and rary discomfort to chronic pain that af- minimum of three times per week, can go leg muscles while helping you build core fects around 100 million U.S. adults, the far to help you build leg muscle strength, (abdominal) strength – a strategy shown presence of pain can threaten your pro- enhance overall endurance and improve to help lessen back pain. ductivity and diminish your enjoyment of cardiovascular health. If you’re able, try daily life. Exercises for chronic pain offer walking hilly terrain or “power walking” Stretching techniques a natural treatment that may help alle- at a brisk pace; or try biking, roller blad- and physical therapy viate pain, free of the risks and side ef- ing or using the elliptical machine. Jog- Stretching before and after you exer- fects typical of over-the-counter and ging, jumping rope and stair climbing can cise can help you avoid injury. But ex- prescription pain medications. also be effective if you have healthy knee tended stretching sessions alone can also

The benefits of exercise In the short term, exercise can melt away stress, help you sweat away toxins and enhance your mood thanks to the release of endorphins and serotonin. In the long term, certain fitness exercises can build muscle, improve strength, and promote better circulation – all of which could help reduce some discomforts – particularly those related to the back, hip, knee, shoulder and neck. In addition, a recent study suggested that, over time, working out may actually change the way we experience pain by increasing our tol- erance. Additional benefits of exercise can include: • Decreased inflammation • Improved mobility • Reduced fatigue • Better mental clarity • Increased flexibility joints. Otherwise, opt for a low-impact help you relax sore or stiff muscles and motion like swimming or water aerobics. joints, and improve mobility in the With all the potential to aid in pain process. Talk to your doctor or physical management, it’s worth looking at ways Strength training therapist for personalized guidance on to integrate more exercise into your day. Strength training with free weights, stretching techniques to relieve pain in The trick is to choose activities that fit machines, weighted balls, kettle bells or specific areas. Physical therapists are your body type and lifestyle, and that exercise bands can be effective for build- trained to treat pain using a combination won’t exacerbate your pain or stress your ing muscle and taking some of the strain of therapies to enhance strength and flex- joints. With approval from your doctor, off of supporting joints. Exercise ma- ibility in weak, stiff or sore muscles and try one or a combination of the following chines can provide support by guiding joints. activities to promote natural pain relief. your movements, but free weights can Before you begin any new fitness reg- offer a wider range of muscle-building imen, be sure to check with your doctor Exercises for cardiovascular fitness benefits. In addition, yoga poses and Pi- for guidance.. Walking around your neighborhood or lates training are two disciplines that can Source: CareCredit

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Newark Airport • BLDG # 349 100 Lindbergh Rd. • Newark, NJ 07114 NYCTAXINEWS.COM Ph. 973-642-2886 • Fax. 973-623-2886 www.newarkairportcarwash.com 14 • TAXI & LIVERY TIMES • NOVEMBER 2020 FEATURE PHYSICAL DISTANCING IS PART OF “DUTY OF CARE” FOR CORPORATE TRAVELERS After past external shocks that have And COVID-19 is such a super-genera- of the workplace population who might affected the airline industry, corporate tion-defining event that people will re- have been anti-videoconferencing before travel has usually been among the very member it for their entire lifetimes. They COVID-19 are now getting used to it. first sectors to rebound as pent-up demand will also remember how they were treated Another factor to consider is that the is released. In general, this has often been by various companies and industries. corporate travel that takes place in a time initially seen in the section of airlines Many companies – particularly larger of belt-tightening tends to be the most im- where the seats are closest together: reg- corporations with risk and compliance portant travel, undertaken by the most ular economy. teams – have a set of policies and spend a successful salespeople, negotiators and But it’s possible the era of COVID-19 fair amount of money on ensuring they are other executives. Often, these are either will be different. Given what we know responsible in their duty of care to their the folks who make the rules or can break about the SARS-CoV-2 coronavirus that employees. In times before COVID-19, this the rules – or whose continued wellbeing causes the disease – namely, that it might have included risk assessments is so vital to a company that it is a priority. spreads principally through the air, and around security in certain higher-risk It may also mean that the rules are bent the closer people are to potentially infected countries or cities, or duty-hours limita- or not entirely enforced so as not to risk strangers the higher the risk of infection tion policies. the health and safety of the golden goose, – there’s a real possibility corporations Corporate travel, and the airlines that or indeed its desire to lay eggs, in a time may seek to increase distancing as part of rely on it, need to consider what that kind of corporate famine. their corporate travel policies or plans. of duty of care would look like in a world While corporate policies are likely to There is a fundamental point that cor- where COVID-19 is still circulating. This become more constricting in terms of class porations have a duty of care to their em- could present itself in a number of ways. of travel, airlines can innovate down the ployees, particularly around safety when Corporate travel bookers might be di- back. Appreciating the moral and ethical traveling on corporate business. The ex- rected to prioritize airlines that offer no- questions around selling pandemic safety tent to which this is a moral, ethical or neighbor or no-middle-seat policies, or as an ancillary product, no-neighbor pack- legal obligation varies between countries indeed to use these carriers exclusively. ages might well create benefits. and, in some cases, within regulatory ju- There has also been an amplification Corporate travel bookers and travel risdictions inside some countries, but the effect for corporate travel becoming even agents, airlines, and passengers will all trend is towards a greater duty. more restricted to crucial activities than need to consider what this means as they Indeed, overall people want their em- in previous recessions. On the one hand, seek to navigate a path through COVID-19. ployers to care more, not less, about them. Zoom fatigue is real, but equally a section Source: Runway Girl Network

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CONTACTS: 347-859-8112 / [email protected] SCAN ME WWW.NYCTAXIDIVIDER.COM NOVEMBER 2020 • TAXI & LIVERY TIMES • 15 FEATURE BACKUP DRIVER IN 2018 UBER SELF-DRIVING CRASH CHARGED WITH NEGLIGENT HOMICIDE Backup driver involved in first self-driving vehicle fatality charged with negligent homicide for being distracted before fatally striking a woman in Arizona

BY DAWOOD MIAN

Photo Credit: Victor Xok

In what will undoubtedly be a cluding Uber’s inadequate safety pro- perhaps controversial, aspect of the in- precedent setting case, Rafaela cedures and ineffective oversight of its cident is that Arizona prosecutor’s of- Vasquez, the backup driver to Uber’s drivers, Herzberg’s decision to cross the fice said Uber would not face criminal self-driving vehicle that struck and street outside of a crosswalk, and the liability. Finally, it should be noted, killed 49-year old Elaine Herzberg in Arizona Department of Transporta- Ms. Herzberg’s toxicology report tested August 2018, was charged with negli- tion’s insufficient oversight of au- positive for methamphetamine and Ms. gent homicide. She pleaded not guilty tonomous vehicle testing. In addition, Vasquez has previously spent more during a hearing on Tuesday. There and this is quite relevant: than four years in prison for two felony are several aspects of this story that I [The NTSB also] concluded Uber’s convictions. find interesting. First, it may be helpful deactivation of its automatic emergency The above scenario should have to remind people of the incident and I braking system increased the risks as- been a perfect example of why self-dri- include two short overview videos sociated with testing automated vehi- ving systems could be safer than below. cles on public roads. Instead of the human drivers (i.e. seeing objects in Based on these two videos, system, Uber relied on the human darkness before they become clearly ( https://youtu.be/0Za_L_fbg2w backup driver to intervene. visible to the naked eye), but instead it https://www.youtube.com/watch?v=ufN The Uber system detected Herzberg actually could delay the adoption of NuafuU7M&feature=youtu.be) it ap- 5.6 seconds before the crash. But it self-driving technology. In addition, the pears that a technical error occurred in failed to determine whether she was a vast majority of the liability appears to Uber’s self-driving systems that should bicyclist, pedestrian or unknown object, be with the driver, setting a dangerous have activated the braking system or that she was headed into the vehicle’s precedent that may make many hesi- after detecting Ms. Herzberg crossing path, the board said. - CNBC tant to turn on any sort of self-driving the road. However, the National Trans- Given Ms. Vasquez is only charged modes their vehicle may offer in the fu- portation Safety Board (NTSB) con- at this point, not convicted, I believe a ture. cluded backup driver Vasquez’s failure legitimate question becomes if she was to monitor the road as she watched the alert and looking at the road would she television show “The Voice” on her have been able, in mere seconds, to The TLCMKT Newsletter is written by phone was the main cause of the avoid the fatal collision (the speed at Dawood Mian, Founder & CEO of crash. the time of impact was about 40mph)? TLCMKT. He covers the NYC ridehailing Ms. Vasquez being distracted was Remember, the Uber system detected industry and related news. Search undoubtedly a cause of the crash, but Herzberg 5.6 seconds before the crash TLCMKT for TLC cars, parts, service, to label it as the main cause seems and likely in darkness, as she seems to accessories, reviews & more. Find somewhat aggressive. The NTSB did only become visible to the naked eye great deals at TLCMKT.COM. site additional contributing factors, in- mere seconds before impact. Another, 16 • TAXI & LIVERY TIMES • NOVEMBER 2020 FEATURE THE STATE OF CALIFORNIA DEFEATS UBER/LYFT

BY STEVEN J. SHANKER, ESQ.

In last month’s article, I detailed the changes in the traditional workplace en- April 2018 decision in Dynamex and not status of the lawsuit brought by the Cali- abled by modern technology, the fact re- come away with an expectation that, with- fornia Attorney General against Uber and mains that drivers for Uber and Lyft out legislative relief, the foundation of the Lyft to prohibit them from classifying their provide the services necessary for the de- Uber and Lyft ride-sharing business model drivers as independent contractors. I noted fendants’ businesses to prosper. As such, – to the extent it was based on treating that on May 5, the Attorney General of Uber and Lyft cannot pass the “B Prong” drivers as independent contractors – would California and the City Attorneys for Los of the “ABC Test” used in California to de- highly likely have to change. The passage Angeles, San Francisco, and San Diego termine if a worker is an employee or an of AB5 by the California Legislature in Oc- filed a lawsuit against Uber and Lyft, al- independent contractor. tober 2019, obviously, should have height- leging the companies willfully misclassify Uber and Lyft claimed they will sus- ened the importance of an urgent their drivers. I also noted that on August tain substantial harm if they are required contingency planning for an employment- 10, Judge Ethan Schulman of the Califor- to change their business models. Each based model. nia Superior Court in San Francisco issued claimed it would have to reduce the num- In essence, Uber and Lyft claimed they an order granting the state a preliminary ber of drivers who use its platform, rather are “too big to be enjoined”, but ultimately, injunction prohibiting Uber and Lyft from than allowing an unlimited number of that argument cut against them by con- classifying their drivers as independent drivers to use its app. firming the extent of the harm being in- contractors. Finally, I noted that on Au- Converting drivers to employee status flicted by virtue of their undisputed failure gust 20, the California Court of Appeals is- would impose additional costs on Uber and to provide the benefits of employment to sued an order temporarily staying Judge Lyft, and might force them to respond by many thousands of ride-share drivers Schulman’s August 10 order. increasing prices, costing them goodwill across the state. The harms to the drivers Here’s the rub: The California Court of with riders. Areas with lower demand, are not mere abstractions; they represent Appeals essentially held that the appeal such as outlying suburbs or smaller towns, real harms to real working people – con- would be heard in short order, but as a pre- might have fewer drivers available. Driv- sisting for instance of receiving low pay for condition to staying the issuance of the ap- ers might look for other opportunities. long hours, having no overtime pay, pellate court’s order temporarily staying Neither company is prepared or de- breaks, health insurance, or sick leave, Judge Schulman August 10 order, the sirous of a complete change in their orga- and being forced to pay business expenses. CEO of both Uber and Lyft would have to nizational structure, including changing In the end the court found that al- confirm by September 4 that it has devel- their hiring processes, software tools and though the scale of today’s technology-dri- oped implementation plans under which – management systems, and company cul- ven commerce is huge, so too is the scale of if the appeals court affirms the prelimi- ture. Uber and Lyft’s violations of the law. nary injunction and if Proposition 22 on The Court rejected Uber and Lyft’s In last month’s article, I stated my the November 2020 ballot fails to pass – cries because, what was more important legal opinion that “Uber and Lyft don’t Uber and Lyft will be prepared to comply was that drivers be properly classified as have a chance in hell at winning the ap- with the preliminary injunction within no employees and obtain the protections of peal.” So, now it all comes down to a public more than 30 days after issuance of the de- applicable labor laws and regulations – in- referendum (known as “Proposition 22”) cision on appeal. cluding payment of Social Security and that will be on the ballot in November’s The Appellate Court has now spoken. payroll taxes, unemployment insurance election. Uber, and Lyft, along with their On October 22, only nine days after oral taxes, workers’ compensation insurance, gig economy counterparts in food delivery arguments were heard, the Court found no and enactments governing wages, hours, such as DoorDash and Postmates, have legal error in Judge Schulman August 10 and working conditions. An independent spent over $200 Million dollars to garner order. The California Appellate Court contractor, on the other hand, gains none support for Proposition 22. That’s a lot of stated the “trial court acted within its dis- of the numerous labor law benefits, and zeros. cretion and accordingly affirm the order, the public may be required to assume ad- The purpose of Proposition 22 is to as issued.” ditional financial burdens. By misclassify- have the people of the State of California The Court rejected Uber’s claim that ing employees as independent contractors, decide if gig companies like Uber and Lyft its platform is a two-sided market app that Uber and Lyft have been able to obtain a should be exempt from the California law provides services by matching drivers and competitive advantage over others that requiring them to treat drivers as employ- riders, and that both riders and drivers classify their workers properly; moreover, ees. Other than the race for president, the “are customers of – rather than employees misclassification is a very serious problem political battle over California’s Proposi- working on behalf of – the platform.” The as it deprives the federal and state govern- tion 22 could end up being the most expen- Court also rejected Lyft’s argument that ments of billions of dollars in tax revenue. sive campaign in the nation. Led by money its business is operating software tools and To the extent Uber and Lyft based from a consortium of app-based companies, a platform that connects riders and drivers their claim of harm on the plea that the total contributions have now surged past where drivers as users of its platform, and necessary changes cannot be made “on the $218 million – the most cash raised for any that Lyft does not receive services from flick of a switch,” the court notes that Uber ballot measure campaign in California his- them. Rather, it allows drivers to use their and Lyft have had more than two years – tory. Even the money spent on this year’s spare time and unused seat capacity to since Dynamex was decided – to make the heated U.S. Senate elections pales in com- earn extra money. necessary adjustments. The court noted parison. The court stated that despite the that one could not reasonably read the Check out this astounding statistic: NOVEMBER 2020 • TAXI & LIVERY TIMES • 17

The campaign in support of Proposition drivers is that they can be employees that not all states permit a referendum 22 spent an average of $628,854 a day by and still have flexible hours and inde- where the people get the last word. mid-October. The Yes on Proposition 22 pendence. There is nothing in the law or Though Uber and Lyft are publicly campaign has outspent opponents by al- the court’s decision that prevents Uber traded companies with a combined worth most 10 to 1 in the fight to determine and Lyft from allowing drivers to main- of approximately $70.5 billion, they have whether drivers for the companies are tain their flexibility rather than assign- never been profitable. They lose billions independent contractors or subject to ex- ing rigid shifts. Any business has the of dollars each year, and the COVID-19 isting California law. right to allow workers to set their own pandemic has made turning a profit even So far, in every poll I have reviewed, hours and to accept or decline a particu- more difficult. Analysts estimate that neither the “Yes on 22” nor the “No on lar assignment all while treating them complying with a law such as Califor- 22” has garnered a plurality of the vote. as employees. Uber and Lyft’s argument nia’s gig-worker law could cost Uber, Approximately 12% of those surveyed re- that classifying drivers as employees is which lost $1.8 billion in its most recent main undecided. As such, there is no inconsistent with flexible schedules is quarter, as much as $500 million a year. clear hint at the outcome as election day nothing but a “red herring.” Uber and No matter what happens in Novem- nears. For Uber and Lyft to win, Propo- Lyft simply want their cake and to eat it, ber, Uber and Lyft still face an uphill sition 22 must meet the 50% plus one too. battle. As far as fighting 49 other states, voter threshold it needs to pass. It will I do believe money can’t buy you Uber and Lyft must still climb Mt. Ever- surely be a nail biter to the very end. everything. It can’t buy you love or hap- est in their underwear. I for one am hop- I understand that the survival of piness. Whether or not it can buy “coming that Uber and Lyft get brought to Uber and Lyft’s businesses is on the line. pliance” with the law has yet to be seen. task and that they lose Proposition 22. One may think that if you were in their To me, it is all about fairness. It is about The time has come for Uber and Lyft to shoes you would pull no punches and do making companies comply with the law play by the same rules as everyone else. all that can be done to win, but there and not giving an unfair advantage to The people must now affirm that does come a time when the public has to another. That is exactly what Uber and wealthy corporations can’t buy them- realize that Uber and Lyft have pulled Lyft have enjoyed for the past 10 years. selves out of the trouble that they the wool over the eyes of their drivers by I am happy to see that the California brought on themselves. trying to convince them that Proposition Appeal Court affirmed that the rule of 22 is to their benefit. Uber and Lyft have law has no exceptions for wealthy corpo- used scare tactics, such as the threat of rations. Like it or not, the People will get Steven J. Shanker, Esq. is General less work, less money and possibly even the last word in the State of California. Counsel to the Livery Roundtable, no work if they lose Proposition 22 and But regardless of what happens in Cali- Inc. and the New York Independent stop doing business in California. fornia, there are 49 other states that are Livery Driver Benefit Fund. What Uber and Lyft do not tell their watching very closely, keeping in mind

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18 • TAXI & LIVERY TIMES • NOVEMBER 2020

BY ALOYSEE HEREDIA INDUSTRY UPDATE JARMOSZUK NOVEMBER INDUSTRY UPDATE In this Industry Update, I share information on the most re- ACTUALIZACIÓN DE LA INDUSTRIA DEL MES DE NOVIEMBRE En esta Actualización de la Industria comparto información sobre la cent TLC Commission Public Meeting, Driver Education, the TLC más reciente Reunión Pública de la Comisión de Taxis y Limusinas (TLC), Food Delivery Program, safety tips for the end of Daylight Saving la Formación de los Conductores, el Programa de Entrega de Alimentos de Time, and details about a new State seatbelt law. la TLC, consejos de seguridad para el final del horario de verano y detalles sobre una nueva Ley Estatal de Cinturones de seguridad. COMMISSION MEETING On October 19, 2020, the TLC convened for an online Commis- REUNIÓN DE LA COMISIÓN sion Meeting, the first of its kind. We were glad to have had the El 19 de octubre de 2020, la TLC convocó una Reunión de la Comisión en línea, la primera de su tipo. Nos alegra haber tenido la oportunidad de opportunity to hold the meeting and thank all attendees. sostener la reunión y estamos agradecidos con todos los que asistieron. At the meeting, the Commission approved Base License appli- En la reunión, la Comisión aprobó solicitudes de Licencia de Base y cations and received feedback on proposed rules under consider- recibió comentarios sobre las reglas propuestas que se estaban considerando ation that would allow the TLC to pursue the following: y que permitirían a la TLC llevar a cabo lo siguiente: • Increase the number of wheelchair accessible taxis on the • Aumentar el número de taxis accesibles a silla de ruedas en la carretera road by broadening the pool of vehicles eligible to receive ampliando el conjunto de vehículos que pueden recibir dinero del Fondo money from the Taxi Improvement Fund (TIF), and decreas- para la Mejora de Taxis (Taxi Improvement Fund, TIF) y disminuyendo los obstáculos financieros para aumentar el número de taxis accesibles ing the financial obstacles to increasing the number of acces- en la carretera. sible taxis on the road. • Hacer cambios técnicos para alinear las reglas anticuadas con la Ley • Make technical changes to align out-of-date rules with Local Local 151 que el Concejo Municipal aprobó en 2018, la cual cambió los Law 151 which the City Council passed in 2018, that changed montos de las sanciones por recogidas ilegales dentro de la zona de ex- the penalty amounts for illegal street hails within Manhat- clusión de recogidas de la calle de Manhattan. Se mantendrán las tan’s Hail Exclusionary Zone. Stiff penalties for illegal street penas severas por recogidas ilegales en la zona de exclusión de recogi- hails in the hail exclusionary zone ($500 for 1st offense, $750 das de la calle ($500 por la 1.a infracción, $750 por la 2.a y la revocación de la licencia por la 3.a) y monitoreo diario dedicado a hacer cumplir la for 2nd offense and license revocation for 3rd offense) and ley. daily dedicated Enforcement would remain. • Ampliar el plazo de aviso y aclarar los problemas que puedan abordarse • Extend the notification period and clarify what issues may be y lo que los Jueces de Derecho Administrativo deben tener en cuenta addressed and what Administrative Law Judges should con- al evaluar el riesgo de un titular de licencia para la seguridad pública. sider when assessing a Licensee’s public safety risk. Ulti- En última instancia, esto proporcionaría al titular de la licencia un pro- mately, this would provide Licensees a fairer process pending ceso más justo en espera del resultado de un arresto. the outcome of an arrest. NUEVA LEGISLACIÓN DEL CONCEJO El Concejo Municipal aprobó proyectos de ley relacionados con la TLC NEW COUNCIL LEGISLATION el 15 de octubre. La nueva legislación podría: The City Council passed TLC-related bills on October 15. The • Hacer requerir una declaración financiera anual de cualquier persona new legislation would: que tenga un interés en una licencia de medallón de taxi, así como cod- • Require an annual financial disclosure from anyone who has ificar en la ley que la TLC evaluará el carácter y la integridad de los an interest in a taxicab medallion license, as well as codify corredores, agentes y titulares de licencia de medallón, como nuestra into law that the TLC will evaluate the character and in- agencia lo hace actualmente. • Establecer una oficina para supervisar y evaluar la estabilidad fi- tegrity of brokers, agents, and medallion licensees, which our nanciera de la industria del taxi. La oficina considerará factores tales agency currently performs. como el número de bancarrotas relacionadas con los medallones, los in- • Establish an office to monitor and evaluate the financial sta- gresos y gastos que conllevan el funcionamiento de un taxi y los térmi- bility of the taxi industry. The office will consider factors such nos y condiciones de los préstamos utilizados para financiar la compra as the number of bankruptcies involving medallions, the inde medallones. come and expenses involved in operating a taxicab, and the terms and conditions of loans used to finance medallion pur- FORMACIÓN PARA CONDUCTORES El 19 de octubre, las Escuelas de Formación para Conductores de la chases. TLC y los Centros de Examen PSI reabrieron. Los Solicitantes de Licencias de Conducir de la TLC pueden completar el Curso de Formación DRIVER EDUCATION para Conductores de 24 horas, el Examen de Licencia de Conducir de On October 19, TLC Driver Education Schools and PSI Exam la TLC y el Curso de Asistencia a Pasajeros y Capacitación para Vehículos Centers reopened. TLC Driver License Applicants can once again Accesibles a Silla de Ruedas. Los solicitantes están recibiendo tiempo extra complete the 24-hour Driver Education Course, the TLC Driver para completar sus requisitos de aplicación porque las escuelas y centros de License Exam, and the Passenger Assistance and Wheelchair Ac- prueba están operando a una capacidad reducida debido a la pandemia. El equipo de formación para conductores de la TLC inspeccionó las ubicaciones cessible Vehicle Training Course. Applicants are receiving extra de las escuelas y los centros de prueba para asegurarse de que están time to complete their application requirements since schools and operando al 50 % de su capacidad, que se les dio equipo de protección indi- test centers are operating at reduced capacity due to the pan- vidual (Personal Protective Equipment, PPE) al personal y a los solicitantes, demic. TLC’s Driver Education Team has inspected the school lo- que las mesas están separadas por una distancia de seis pies y que hay cations and test centers to ensure that they are operating at 50% señalización de salud pública en todas sus instalaciones. Las escuelas y los capacity, that PPE has been given to staff and applicants, that centros de examen son fundamentales para las empresas con licencia de la desks are spaced six feet apart, and that there is public health TLC que quieren trabajar con nuevos conductores y deben hacerlo de forma segura. signage throughout their facilities. Schools and exam centers are critical for TLC-licensed businesses that want to work with new ENTREGAS DE ALIMENTOS DE LA TLC drivers, and they must be done safely. El programa de Entrega de Alimentos de la TLC terminó el 23 de octubre. La TLC extiende su gratitud por el arduo trabajo, el entusiasmo y la TLC DELIVERY diligencia de los Conductores de la TLC. Más de 10,000 conductores de la The TLC Food Delivery program ended on October 23. TLC TLC participaron usando sus Taxis, Vehículos Negros (Black Cars), Vehícu- extends its gratitude for the hard work, enthusiasm, and diligence los Livery y vehículos personales para entregar las comidas. Sesenta y cinco millones de comidas fueron entregadas en los cinco condados y los conduc- of participating TLC Drivers. Over 10,000 TLC Drivers partici- tores con licencia de la TLC ganaron cerca de $40 millones entre marzo y pated, using their Taxis, Black Cars, Livery Cars, and personal octubre, cuando había menos oportunidades de ingresos en NYC. Los con- cars to deliver meals. Sixty-five million meals were delivered ductores entregaron comidas a 720,000 hogares alcanzando a 1.3 millones across all five boroughs, and TLC-Licensed Drivers earned closed de neoyorquinos. to $40 million between March and October, when there were fewer

Aloysee Heredia Jarmoszuk is the recently-appointed Commissioner/Chairwoman of the New York City Taxi & Limousine Commission. NOVEMBER 2020 • TAXI & LIVERY TIMES • 19 income opportunities in NYC. Drivers delivered meals to 720,000 Los neoyorquinos vulnerables podrán seguir obteniendo alimentos de households, reaching 1.3 million New Yorkers. emergencia a través de las ubicaciones de GetFoodNYC y Grab & Go en Food vulnerable New Yorkers will still be able to obtain emer- toda la ciudad y varios programas de comida para las personas de la ter- cera edad. gency food through GetFoodNYC and Grab & Go locations around the City and various food programs for Senior Citizens. FIN DEL HORARIO DE VERANO Y CONSEJOS PARA CONDUCIR DE MANERA SEGURA THE END OF DAYLIGHT-SAVING El 1.º de noviembre finaliza el horario de verano y los relojes se "re- TIME AND DRIVING SAFELY trasarán". Pedimos a los conductores con Licencia de la TLC que tengan On November 1, Daylight Saving Time ends and clocks will más cuidado en los viajes con mayor oscuridad de la mañana y de la tarde, “fall back.” We ask TLC-Licensed Drivers to take extra care dur- que por favor hagan los giros despacio a 5 millas por hora y que siempre obedezcan el límite de velocidad de la ciudad de 25 mph. Las velocidades ing the darker morning and evening commutes, to please make más lentas salvan vidas y queremos que todos lleguen al trabajo y a casa turns slowly at 5 miles per hour, and to please always obey the sanos y salvos. citywide speed limit of 25 mph. Slower speeds save lives and we want everyone to arrive at work and home safely. NUEVA LEY DE CINTURONES DE SEGURIDAD El Proyecto de Ley 7134 del Senado y el Proyecto de Ley 8990 de la NEW SEAT BELT LAW Asamblea fueron aprobados por la Legislatura del Estado de Nueva York Senate Bill 7134 and Assembly Bill 8990 were passed by the y firmados por el gobernador a principios de 2020 y entran en vigor el 1.º de noviembre de 2020. New York State legislature and signed into law by the Governor Esta nueva ley Estatal se aplica a los viajes en todos los vehículos con in early 2020 and go into effect November 1, 2020. licencia de la TLC, así como a todos los vehículos personales. La sanción The new State laws apply to trips in all TLC-licensed vehicles por la infracción del uso del cinturón de seguridad es una multa Estatal as well as all personal cars. The penalty for a seat belt violation de hasta $50 y hasta $100 y tres puntos en la licencia de conducir del De- is a State fine of up to $50 and up to $100 and three points for the partamento de Vehículos Motorizados (Department of Motor Vehicles, driver’s DMV license if a child under 16 is not properly buckled. DMV) si un menor de 16 años no tiene el cinturón abrochado correcta- The law puts the responsibility on adult passengers to buckle mente. La ley asigna a los pasajeros adultos la responsabilidad de abrocharse up and to ensure fellow passengers under 16 are buckled up. Pas- el cinturón y de asegurarse de que los demás pasajeros menores de 16 sengers, not Drivers, will receive a summons if they are not buck- años se abrochen el cinturón. Los pasajeros, no los conductores, recibirán led up. The only time a Driver should receive a summons is if una citación u orden de comparecencia si no tienen el cinturón abrochado. drivers themselves are not buckled up or if a passenger under 16 Un conductor recibirá una citación u orden de comparecencia solo si no is not buckled up and there is no other passenger 16 years or older tiene el cinturón abrochado o si un pasajero menor de 16 años va inside the vehicle. desabrochado y no hay otro pasajero de 16 años o mayor dentro del ve- The TLC is reminding passengers hailing a ride in TLC vehi- hículo. La TLC les recuerda a los pasajeros que necesiten un viaje en vehícu- cles to make sure they follow the new requirement and buckle up. los de la TLC que se aseguren de seguir el nuevo requisito y se abrochen Seat belts save lives and can prevent serious injuries in car el cinturón. Los cinturones de seguridad salvan vidas y previenen lesiones crashes. Everybody. Every Seat. graves en choques automovilísticos. Todas las personas. En todos los asientos. Sincerely, Atentamente, Aloysee Heredia Jarmoszuk Aloysee Heredia Jarmoszuk

THE TAXI ATTORNEY BY MICHAEL SPEVACK Hello everybody! This month, I want to ble whammy for TLC drivers. fers some relief but does not prevent the talk about the connection between DMV Some good news: As I write this article, revocation in this instance. tickets written primarily by NYPD and you can take a defensive driver course to I highly recommend taking a defensive TLC tickets written primarily by TLC in- have four points deducted from your NYS driver class (DDC) every 18 months (or spectors or Port Authority Police. It’s im- driver’s license. You also get a three-point more) to get 4 points taken off of your portant to remember that DMV points not reduction on your TLC license without DMV license and 3 points off your TLC li- only affect your TLC license, they get having to attend an additional class. cense. Don’t wait, take the class. You will added together with TLC points to impact If you receive a TLC ticket, it will only not be prohibited from taking the DDC your ability to maintain “good standing” on affect your TLC license in most instances, class just because you took it recently. Be your TLC license. depending on the severity of the ticket. For smart and take the class every 18 It is far more common for drivers to re- instance: a TLC ticket for unlicensed driv- months… or more, if your lawyer instructs ceive DMV tickets written by the NYPD, ing can impact your NYS driver’s license you to do so. which boasts thousands and thousands of and lead to suspension of same. I hope you found my article informa- officers. Plus, you can get a ticket any- Under the persistent driver program, tive. Thanks for reading it. Until next where in New York State by any local or TLC will suspend your TLC driver’s li- month (and always)… Stay well! state police department, and the issued cense if you accrue six points or more in a summons will result in DMV points if you 15-month period, measured from the are found guilty. Just by virtue of the guilty dates of the tickets. REMEMBER: sheer number of officers in NYC and NY Points from DMV and TLC tickets are Michael Spevack is a 1992 graduate of NYU State, you are far more likely to get a DMV added together when a decision is made School of Law and has been a lawyer in good standing in New York State since 1993. He ticket than a TLC ticket. about whether or not to issue you a license has been helping for-hire vehicle drivers in Here is the tricky part: A guilty DMV suspension. New York City since 1995, when he opened ticket will result in points on your DMV li- In most cases, TLC will allow you to his own law firm dedicated to “helping indi- cense AND your TLC license, putting your pay a $500 fine to avoid this suspension. viduals, not large corporations.” Mr. Spevack TLC license in jeopardy. DMV tickets can However, if you receive more than 10 can be reached at 212.754.1011; he also wel- impact your regular DMV NYS driver’s li- points in a 15-month period, then boom… comes visitors to his office at: cense but TLC tickets only impact on your you lose your TLC license and your job as 97-77 Queens Blvd, Suite 1120, TLC license. So, DMV tickets carry a dou- a TLC driver. A defensive driver course of- Rego Park, NY 11374. 20 • TAXI & LIVERY TIMES • NOVEMBER 2020 IATR OUTLOOK VEHICLE LEASING & RENTALS BY PROFESSOR IN A POST-PANDEMIC WORLD MATTHEW W. DAUS, ESQ.

On March 11, 2020, the World Health holders. Some state insurance commission- car sharing has also rebounded from hitting Organization (WHO) declared the rapid ers mandated auto premium refunds. rock bottom in the end of March and early spread of SARS-CoV-2, which causes the dis- On April 13, the California Department April. In July, P2P car sharing company ease COVID-19, a global pandemic. To curb of Insurance (CDI) issued an order requiring Turo reported that booking volume was up the spread of the virus, governments around premium refunds for personal and commer- 500% from its low point, as people are easing the world ordered people to stay at home, ex- cial auto and other lines of business. New back into car travel. cept to provide or procure essential services Jersey and Michigan followed suit. Although and goods, and mandated the closure of non- New York directed property and casualty in- Vehicle Leasing & Finance essential businesses. Many of these “stay at surers to provide a 60-day grace period to Industry Pandemic Impact home” orders specifically limited activities to pay premiums and waive late payment fees, For leasing, in particular, the shutdown those needed to maintain continuity of oper- it did not mandate a refund. caused logistical problems. While total lock- ations of the federal critical infrastructure Car Rental Industry Pandemic Impact downs were in effect, customers whose leases sections, as outlined by the U.S. Cybersecu- The streets were empty, and so were the were due to expire had difficulty returning rity and Infrastructure Security Agency skies. According to TSA checkpoint data, air the vehicles and shopping for a replacement. (CISA). Vehicle rental services, car-sharing travel was down 94% in April and May from Dealerships closed their sales departments services, and vehicle sales, rental, and leas- the same time last year. The car rental busi- and did not have staff on site to inspect re- ing operations necessary to continue travel- ness, which is dependent on air travel, is fac- turned vehicles, even if they had the space to related operations for essential workers are ing tough times due to the pandemic. As a store them. To deal with this, most auto lease among the critical infrastructure sectors result of the rapid decline in air travel and companies offered lease extensions – or au- identified by the CISA. The for-hire passen- tourism, car rental companies reported im- tomatically extended the lease if they did not ger transportation industry -including taxis, mediate reductions in business upon the hear from the leasee before the end of the rideshare, and other for-hire vehicles – was lockdowns being initiated. The major rental lease term – while some accepted returns widely considered an essential industry ex- companies reported business operations im- through their service departments or offered pected to continue operating, albeit with re- mediately reduced by more than one-third in home pick up. A few auto lease companies of- strictions. mid-March, and that loss deepened depend- fered deferred lease payments to customers As soon as lockdowns went into effect, ing on the extent of the lockdown. Against to convince them to extend their leases. the freeze in travel and mobility was one of this backdrop, the global car rental business At the beginning of the pandemic, people the starkest signs of the pandemic. With peo- has declined by 31.7% so far in 2020. Air stopped buying or leasing new personal cars. ple ordered to stay home from work and en- travel has crept back slowly – down 65% in This was due partially to the lockdown and tertainment destinations ordered to close, early October of this year compared to last fear of catching the virus, and it was also due people were traveling less, and they stopped year – but rental car companies get two- to economic uncertainty. Many car dealer- driving. As a result, for-hire vehicles (FHVs) thirds of their revenue from airport locations. ships closed and sales plummeted 47% in the and car rental service businesses ground to Travelers who need to go relatively short U.S. in April. halt. distances have been more likely to drive than As stay-at-home orders were adjusted This article will: (1) describe the specific take a flight. Lingering fears of shared trans- and showrooms reopened, albeit with restric- impacts of the pandemic on the various vehi- portation modes regionally may direct people tions, personal car buying and leasing began cle rental, leasing and finance industry seg- to other modes. Those who already own ve- to rebound. However, there are still chal- ments; (2) provide an overview of hicles may begin to drive for local trips they lenges. For starters, there is a shortage of government pandemic health and safety would have otherwise taken on transit, or new vehicles available for leasing due to guidelines that apply specifically to rental longer-distance trips for which they would manufacturer and supply chain shutdowns. and leasing businesses; and (3) explore the have otherwise flown. The short-term modal At the beginning of the pandemic, au- identification of new potential business op- shifts can lead to long-term changes in travel tomakers, including General Motors, Ford portunities for industry stakeholders. behavior. Motor and Fiat Chrysler, halted production in North America and elsewhere, while oth- For-Hire Vehicle (TNC) Car Sharing Industry Pandemic Impact ers manufactured only select models. As new Vehicle Leasing & Rental Industry Shared mobility services like car sharing vehicles sold in July, there was little new in- In New York City, in April 2020, black and ridesharing have struggled during the ventory arriving due to manufacturer and car trips were down 78%, livery trips were pandemic. The risk of viral infection has supply chain shutdowns. The pandemic con- down by 70%, and limousine trips were down made consumers wary of shared mobility in trol measures are another hurdle that makes 93%. Since April, the number of trips have general. Car sharing ventures struggled with it difficult to sell vehicles in person. Online slowly started to rise. In June, black car trips profitability before the pandemic, and marketplaces like Carvana, Vroom, and were still down by 59%, livery trips were COVID-19 was the last straw for GM’s TrueCar allow consumers to buy or lease ve- down by 37%, and limousines were down by Maven, which was a car sharing business hicles online, sign all paperwork electroni- 85%. The drop in trips directly impacted that rented vehicles to individuals for per- cally, and arrange delivery to their door. FHV rental businesses, which had to place sonal use and to gig workers for rideshare Lease and finance agreements for non- 75%–100% of their FHV fleets into storage, and delivery work. personal vehicles were impacted by COVID- resulting in a corresponding reduction of Despite the pandemic, requests for new 19 in various ways. In the for-hire vehicle miles driven. Zipcar memberships have risen consistently leasing sector in New York City, leasing com- The risk of claims and loss fell substan- week over week. A recent internal survey of panies made deals with leasees who were un- tially as a result of less driving, and, begin- Zipcar members showed that after biking able to make their lease payments. Leasing ning in late March, some (but not all) and walking, members considered Zipcar to companies that are stable financially are insurers began voluntarily paying partial be the transportation option they were most able to lower lease payments and work out premium refunds to personal auto policy- comfortable using. Person-to-person (P2P) deals with drivers who are unable to meet NOVEMBER 2020 • TAXI & LIVERY TIMES • 21 the lease payments, accepting lease exten- non-essential vehicle sale, lease, and rental Surveys conducted in May 2020 by McK- sions, balloon payments, and at times accept- activity in California: insey found that, from a health standpoint, ing what was necessary to cover fixed costs • Implement measures to ensure physi- only 5 to 8% of survey respondents consider for the vehicle – insurance, DMV, and Taxi cal distancing of at least six feet be- carsharing, ridesharing, or shared micromo- and Limousine Commission licensing fees. tween workers and customers. bility safe, and only 7% consider public trans- On the commercial vehicle leasing side, • Adjust maximum occupancy rules portation safe. In contrast, 81% feel private companies began offering to defer payments based on facility size. Capacity limits vehicles are safe. While consumers may after March and then again in July. The al- should be no case more than 50% max- eventually return to shared mobility, it ternative to lease extensions and work-outs imum occupancy. might not be for a while. Lease and rental would be that leasing companies have a lot • Customers and visitors to showrooms companies can leverage consumers’ shift of collateral on their hands and no plan for and shared work areas should be tem- away from shared mobility services like car what to do with it. The lack of new vehicle perature and/or symptom screened sharing and ridesharing. Short-term leases inventory available on the market may make upon arrival, asked to use hand sani- or long-term rentals of 3 to 6 months could used for-hire vehicles (largely Toyota Cam- tizer, and to wear a face covering. Face help win over consumers who had, until now, rys and Honda Accords) more attractive than coverings should be provided to guests shunned personal vehicle ownership. they otherwise would have been. However, who arrive without them commercial vehicles may not have the same • Encourage customer appointments Supply Vehicles for market. and have customers practice physical Delivery and E-commerce distancing while waiting for service Delivery and e-commerce have been the Guidelines for Vehicle Lease and using visual cues or ask customers to lifeblood of the pandemic and show no signs Rental Activity During the Pandemic wait in their vehicles. of stopping now. The pandemic drove e-com- The New York State Department of • Offer curbside delivery or pickup and merce sales at Walmart up 97%, and Target Health (DOH) issued Interim Guidance for move sales and agreements to re- set a sales record as its same-day fulfillment Vehicle Sales, Leases, and Rentals during mote/digital platforms as feasible. services grew 273%, while the grandfather of the Covid-19 Public Health Emergency (In- • Limit passengers in the vehicle during e-commerce, Amazon, reported a 40% interim COVID-19 Guidance for Vehicle Sales, test drives to only a single customer crease in sales. According to the Q2 2020 re- Leases, and Rentals) to provide owners/oper- with the worker sitting in opposite port from the U.S. Census Bureau, U.S. ators of dealerships and rental businesses back seat, when applicable. retail e-commerce was up 31.8% from the with precautions to help protect against the • Clean touchable surfaces between first quarter, and 44.5% year-over-year. spread of COVID-19 as vehicle sale and shifts or between users, whichever is Urban deliveries do not require highly rental businesses reopen or continue to oper- more frequent (e.g., keys). sophisticated or large trucks, and short-term ate. • Dedicate workers to sanitize vehicles leases or rentals could be a straightforward In addition to general guidance and di- returning from rental and test drives solution for business and gig workers looking rectives for maintaining clean and safe work as well as other high-touch surfaces in for new lines of work. Rental companies environments issued by the DOH, additional lobbies, showrooms, and offices. could act as a fleet management provider to pandemic control measures for both essential • Limit shuttle services whenever possi- app-based delivery companies (e.g., Grub and non-essential vehicle sale, lease, and ble. Hub, DoorDash, Shipt) by offering gig work- rental activity in New York State include the • Require workers to not use hand- ers short- or long-term rentals of vehicles following: shakes and similar greetings that that are clean, safe, and ready for use. Busi- • Limit workforce and customer pres- break physical distance. nesses turn to vehicle leasing and rental be- ence to 50% of the maximum occu- cause it offers a low-hassle mobility solution pancy for a particular area. The above lists are not exhaustive and that helps companies reduce costs. • Customers must maintain six feet of the documentation upon which these guide- separation from others and, in all lines are based can and does change fre- Government Fleet cases, must only be permitted entry quently. Owners and operators of Management and Travel into a store if they wear an acceptable dealerships and rental businesses are re- There are areas of opportunity for fleet face covering. sponsible for adhering to all local, state and management in the public sector. This in- • Employees must wear face coverings federal requirements relative to vehicle lease cludes offering electric vehicles to help cities any time they interact with customers, and rental activities and for staying current meet emissions reduction goals and para- even if they are six or more feet apart. with any updates. The U.S. Centers for Dis- transit needs, as well as short-term rentals • Ensure a distance of at least six feet ease Control and Prevention (CDC) issued to meet needs for surge requirements, special among all individuals (workers and Cleaning and Disinfection for Non-emer- events, and seasonal work, in addition to re- customers) at all times, unless safety gency Transport Vehicles guidance that placements for vehicles temporarily out-of- or the core activity requires closer dis- would apply to these sectors. service for repairs and maintenance. Also, tance (e.g., vehicle test drive). vehicles owned and used by government em- • Encourage customers to conduct view- Challenges and Business Opportunities ployees may be replaced by private for-hire ings, test drives, and/or rentals by ap- While the pandemic has created chal- transport services, to minimize government pointment only. lenges to vehicle leasing and rentals, there fleet management costs and risks. For exam- • Modify showroom and retail layouts so are business opportunities, too. Leasing com- ple, in April 2020, the U.S. General Services that employees and customers are at panies could leverage consumers’ shift away Administration (GSA) awarded Uber and least six feet apart in all directions from shared mobility, serve the e-commerce Lyft with contracts to provide government- when employees are working and cus- and delivery boom by offering gig workers wide rideshare/ride-hail services for official tomers are browsing, unless physical short- or long-term leases or rentals, or ex- travel. The five-year contracts are worth up barriers are in place (e.g., plexiglass or pand into fleet management for the public to $810 million and expected to reduce travel partitions at cash registers). sector. A shift to rental from leasing business expenses and the related burdensome back • Encourage customers to minimize models was already happening in the New office functions, such as reports, analytics, touching vehicles unless on a test drive York City FHV industry before COVID-19 and business improvement processes. Fed- or renting the vehicle. happened, and it may now accelerate. Gig eral employees can use the service while car- workers who are unsure whether they want rying out official duties in the contiguous In California, the Division of Occupa- to purchase or finance a vehicle company United States, Alaska, Hawaii, and Puerto tional Safety and Health (DOSH), better may find rentals more appealing, as a low Rico. known as Cal/OSHA, and California Depart- commitment option for those who want to ei- ment of Industrial Relations, issued COVID- ther test the waters or work intermittently. Electric Vehicles 19 Industry Guidance: Automobile Rental companies could serve as a fleet Dealerships and Rentals, which provide the Leverage Consumers’ Shift management provider to public agencies to following guidelines for both essential and Away from Shared Mobility help them meet their local emissions goals.

Continued on page 22 22 • TAXI & LIVERY TIMES • NOVEMBER 2020 Continued from page 21

COVID-19 has affected the global electric car contractors often include everything from now, especially for smaller and less well fi- rental market, which is expected to normal- call centers, reservations and scheduling, nanced rental and vehicle companies due to ize by Q3-2021 (best case) or Q1-2022 (worst and dispatch services, and may also offer the lockdown and travel slowdown, once case). Still, the year-over-year growth rate of fleet maintenance options. For example, in things pick-up, the future does look bright for the global market for 2020 is estimated at New York City, a fleet of contracted vehicles this niche travel related industry. The social 9.98%. The high utilization and mileage of supplemented by taxis and for-hire vehicles distancing and virus related fears will long car sharing, in particular, makes a strong provide paratransit service. Partnerships be- outlast the real threat of the virus for several economical case for electrification. Using tween transit systems and ridesharing com- years, and the desire to travel autonomously, EVs in shared-use mobility services is al- panies (Via, Lyft, Uber) are underway in and not in groups, will likely last for quite ready underway. many cities around the U.S., including some time as well. This new health and ve- The Los Angeles Department of Trans- Boston, Chicago, D.C., Las Vegas, Toronto, hicle cleanliness related focus, coupled with portation (LADOT) has partnered with San Francisco and New York City. the economic troubles and cost-cutting meas- BlueLA, a point-to-point and 100% electric To save on paratransit costs, transit ures that will be faced by individuals and carsharing service, to deliver a system of 100 agencies can lower the average cost per ride companies, will migrate any remaining com- EVs and 200 chargers. In Paris, where about by using the lowest-cost transportation op- muter and regional business travel to car 20% of residents use carsharing, Renault has tion for each paratransit trip. Instead of pur- sharing or rental once people start moving launched its all electric car-sharing service, chasing vehicles, local transit agencies could around more. Many individuals and busi- Zity, with 500 EVs available through a mo- contract out for paratransit vehicles (includ- nesses, and even the government, may be- bile app. ing standard passenger vehicles), as well as come more reluctant to purchase motor Several U.S. cities are pursuing aggres- services. While transit agencies cannot vehicles, and may opt for long-term leases sive vehicle electrification goals over the next charge a customer more to use paratransit and short-term rentals as an affordable op- decade, creating opportunities for leasing services, those who provide the service earn tion. and rentals to help meet city emissions stan- more than their non-paratransit counter- While the future may be bright long- dards. Los Angeles is aiming to solidify its parts, making this an attractive option to term, the immediate path to survival and position as the modern-day Detroit of EVs rideshare drivers who may be looking for ad- thriving will not happen for those companies and currently controls 43% of California’s ditional work. that sit around and wait. Now is the time for massive EV industry. Los Angeles’s Green leasing and rental businesses to think out- New Deal aims to increase EVs in the city to What Does the Future of side the box for new opportunities, and act 25% by 2025; 80% by 2035; and 100% by Rental & Leasing Look Like? upon them immediately – by planning, and 2050. It also plans to convert all city fleet ve- There a few predictions one can make engaging in proactive business development hicles to zero emission where technically fea- about the future that are likely to hold true. and marketing. Yes, the path to recovery sible by 2028. Vehicle cleanliness will matter more than may become somewhat clearer with the in- New York City plans to make 20% of its ever, contactless will be key – companies will troduction of a vaccine and the concrete re- fleet electric by 2025 and aims to electrify the need to embrace mobile apps and technology moval of lockdowns following fears of second entire fleet by 2040. The city’s fleet is cur- to facilitate the transaction – and COVID-19 and third waves. However, once this path rently comprised of more than 30,000 owned will have an impact on consumers’ mobility and some but not all uncertainty is dissi- and leased vehicles, 2,200 of which are plug- decisions. Consumers in large cities will be pated, and if federal loans and aid runs out, in electric models. Seattle plans to achieve impacted differently than those in suburbs, there will be bankruptcies, dissolutions, 30% EV adoption by 2030 and have a 100% and the virus will have different impacts on mergers and acquisitions. This path could electric municipal fleet by 2030. Denver personal vehicle leasing, vehicle renting, and become more visible in late 2020 and early wants to see EVs make up 15% of all vehicles car sharing. Companies are clearly adjusting 2021, giving rental and leasing companies registered in the city, with that share dou- and learning to adapt to the pandemic, and the ability to plan ahead and make decisions bling by 2030, and the city government will have been from the beginning, which shows about their businesses. The future of individ- own 200 EVs by 2021 and aims for 850 by just how resilient the leasing and rental in- ual rental and leasing companies will be 2029. dustry is. driven by Darwinian natural economic selec- Leasing industry insiders believe that tion, with the strongest and more innovative Paratransit & Non-Emergency things will change after the election, but they companies surviving – ones that went after Medical Transport (NEMT) do not know how. It is possible that we have new opportunities and planned ahead in- Paratransit services provide a trans- not seen the real impact yet. There is so stead of sitting on their hands during the portation option for individuals who are un- much insecurity as it is, and everyone – not pandemic waiting to be devoured. So, plan able to use the public fixed-route bus or rail just the vehicle leasing and rental industries your economic harvest now, taking into con- system serving their location. All paratransit – may be in a holding pattern, doing what sideration some of the ideas in this article, is demand responsive, meaning it is flexible they can to maintain the status quo. Regard- and do not wait for any magic wand. in scheduling and routing, allowing it to ac- less of who wins the election, defaults will commodate riders’ specific needs. Not all happen, and lenders will need to figure out paratransit riders need a ramp or wheelchair what they are going to do with their portfo- Professor Matthew W. Daus, Esq. is President, lift, and vehicles with such equipment tend lios. Also, regardless of who wins the elec- International Association of Transportation to be more expensive to purchase (or retrofit) tion, the movement towards electric and Regulators (http://iatr.global/); Transporta- and maintain than a standard passenger ve- alternative fueled vehicles will continue, tion Technology Chair, City University of New hicle. with a Democratic victory meaning more York, Transportation Research Center at The City College of New York Contractors operate the majority of para- Federal incentives and support, and a Re- (http://www.utrc2.org/); and Partner and transit services for government transit agen- publican victory will mean less Federal lead- Chairman, Windels Marx Transportation Prac- cies, but the paratransit vehicles operated by ership but an increased desire by states and tice Group (http://windelsmarx.com). He can these contractors are mostly owned by the localities to push the clean vehicle agenda. be reached at [email protected] or local transit agencies. Paratransit service While circumstances may seem dire right 212.237.1106.

An Insider’s Look at Both NYC TLC Regulated Industries FOR BREAKING NEWS! NOVEMBER 2020 • TAXI & LIVERY TIMES • 23 THE FISHBOWL

BY LARRY FISHER LIBERTY, DEATH OR SOMETHING IN BETWEEN

Public health has been defined goals for the American people. their clothes and skin smelling like as “the science and art of preventing The government gets pushback smoke at the end of a shift. I even disease,” prolonging life and improv- from certain segments of the public. had to give up smoking in elevators ing quality of life through organized There are anti-vaxxers, people who because I heard that people didn’t efforts and informed choices of soci- refuse to allow themselves or their like it. ety, organizations (public and pri- children be vaccinated due to reli- Beyond public health, there are vate), communities and individuals. gious or other reasons. Distrust of other things we do to protect the Analyzing the determinants of pharmaceutical companies, eradica- community at large. In New York health of a population and the tion of diseases like smallpox and tu- State and other states, we are re- threats it faces is the basis for public berculosis, and concern about side quired as motor vehicle owners to health. effects are some reasons that anti- obtain liability insurance as a condi- President Kennedy was inter- vaxxers point to in opposition. tion for registering and driving a ested in the public health and well- In 1984, New York State became car. being. His administration developed the first state to mandate wearing So then, why is it that some peo- the US Physical Fitness Program as seatbelts. Although on its face, the ple refuse to wear a mask to protect Kennedy aimed to increase the na- measure would seem to protect only other people? Is it the same distrust tion’s strength. In recent years, as the wearers of seatbelts, a secondary of government, like the anti- the advent of computers and video benefit to the community at large vaxxers? Is it the Libertarian refrain games have resulted in a more was the reduction in calamitous and of losing their freedoms? Is it for re- sedentary lifestyle, childhood obe- gruesome injuries suffered by those ligious reasons, that God shall pro- sity has become a national problem. not wearing safety harnesses. Insur- vide? I smoked cigarettes for 45 years ance premiums reflected the reduc- There have been several in- – from the time I was 16 years old tion in fatal and life-threatening stances where maskless people spit until I was 61. In 1964, the Surgeon injuries due to accidents. on others in a show of defiance, General of the United States had When Mayor Bloomberg tried to while others have made near violent put out a warning of the dangers of limit the size of soda servings, he scenes inside of stores with rules smoking, linking cigarette smoking was ridiculed by me and others for about wearing masks. New Yorkers to lung cancer and heart disease. his “government as nanny” ap- have done an excellent job of com- This was the beginning of the de- proach. But, in his defense, looking plying with the law requiring masks cline of smoking in this country. at it as purely a dollars and cents – it is the least we can do to reduce By the 1970s, a serious push to matter, if the incidence of diabetes the spread of this pandemic. Al- reduce smoking was made by Jimmy was reduced by less sugar being con- though I wear a mask for the 15 Carter’s administration under the sumed, wouldn’t the expense of minutes I spend in a store, I don’t stewardship of Joseph Califano, treatment be lessened as well? And like it. I have sympathy for those in then Secretary of Health, Education, wouldn’t our tax dollars and insur- retail or taxi drivers, where it is an and Welfare. He put the Depart- ance premiums be reduced as well? eight-plus-hour requirement. ment through the most complete re- “But you’re taking away my free- The fact is, I’d rather wear a organization in its 25-year history; doms,” the Libertarians say. And mask than a ventilator. American mounted major health promotion they may be right, except when it ef- founding father Patrick Henry fa- and disease prevention programs, fects other people. When the reality mously said, “Give me liberty or give including childhood immunization, of the dangers of second-hand smoke me death.” When it comes to a pan- the first national anti-smoking cam- started to take hold and restaurants demic, I believe that’s a false choice. paign, an alcoholism initiative, and were forced to limit and later elimi- There is no such thing as absolute issuance of Healthy People, the first nate smoking in their restaurants, liberty unless you live in solitary Surgeon General’s Report on Health they did so because of the impact on confinement. But, there is such a Promotion and Disease Prevention, their non-smoking customers and thing as death, and it is absolutely which for the first time set health employees who’d complain about absolute.

Larry Fisher entered the NYC transportation industry in 1982 as a yellow taxi driver, and has also worked as a black car driver. In 1987, he became a lender for Progressive Credit Union, then took the position of lending supervisor in 2003 for Melrose Credit Union – which he held until he retired in 2016. Currently, Mr. Fisher is a consultant for his own firm, LAF Consulting Services Corp. He can be reached at: [email protected]. 24 • TAXI & LIVERY TIMES • NOVEMBER 2020 DEFENSIVE DRIVING THANKSGIVING, LOADING/UNLOADING PASSENGERS & PARKING LOTS BY BERTRAM MERLING • LOSS CONTROL COORDINATOR, HEREFORD INSURANCE COMPANY

Thanksgiving is coming up this month, • Beware of vehicles traveling in the the nearest curb space, if necessary. and although it will likely not be a typical wrong direction. Delaying traffic can lead to road rage holiday, we wanted to include a few re- • Always yield to a vehicle backing into incidents or rear-end collisions. minders that could prove helpful for driv- a parking space. • Do not negotiate with passengers in ers. We also examine loading and • Remember: The rearview windows of the middle of the street. unloading clients at their destination, as other vehicles may be obstructed by • Always signal and pull as close to the well as tips for staying safe if you find packages, so be extra careful. curb as possible when responding to a yourself in at a mall or a parking lot. • Beware of people behaving unsafely to street hail or arriving to load or unload get a parking space in a crowded lot. a passenger. Thanksgiving Holiday Safety Tips • Watch out for children, people with • Remind passengers their safety is your Thanksgiving marks the beginning of strollers and bicyclists behaving un- primary concern. Ask them to allow what has traditionally been “holiday traf- safely. you to open the door for them when fic” in NYC. Historically, about 100,000 • Use caution when you or a passenger you arrive. This is to ensure their additional vehicles enter he city on a daily opens a car door to exit a parking safety. basis during this time of year. space. • When possible, ask passengers to sit • Be patient, courteous, and considerate • Scan the area prior to loading your on the side of the vehicle that will be of all motorists to reduce the chances trunk. Avoid bending over unsafely to curbside when you arrive (applicable if of inciting road rage. load the trunk; other motorists back- you have only one passenger). • Remember that other drivers – partic- ing up may not see you. • Check rearview and side-view mirrors ularly those from out of state – may • Use caution when passing a double- prior to exiting your vehicle to assist a turn out to be potential customers once parked vehicle. Even if the driver passenger. Also: Check mirrors to de- they park their vehicles in a garage. waves you on, you will be held account- termine when it is safe for a passenger • Tourists boost the city’s economy. Dur- able for your actions. to depart the vehicle, if they do not ing difficult times we must show them • Use extra caution when making a want you to open the door for them. how much we appreciate them by radio dispatched pickup in a parking • Assist passengers to the sidewalk be- being helpful and friendly. lot or shopping mall. Criminals have fore retrieving items from the trunk. • Have your holiday dinner at the end of been known to call from an isolated • Before unloading the trunk, scan the your work shift. Eating large meals area. You could be the victim of a rob- area behind to ensure no vehicles are can make you drowsy. Driving while bery or carjacking. driving toward you in an unsafe man- drowsy can be as dangerous as driving ner. while intoxicated. Loading/Unloading Passengers • If you arrive for a passenger at a • Remember: New York City Traffic De- Loading and unloading passengers can pickup spot or respond to a street hail, partment agents have the authority to be tricky, particularly if your passenger is try to wait for another FHV to leave, issue summonses for “blocking the impatient or careless. Please consider the so you can pull into the vacated spot. box.” following: • Try to avoid loading or unloading pas- • The number of people driving while in- • Pull as close to the curb as possible sengers or trunk items while your ve- toxicated rises during the holidays. Be when loading luggage in your trunk. hicle is double parked. prepared to use your defensive driving • Scan the area behind you prior to • Do not leave cash or other valuables skills and keep a watchful eye. using the trunk. openly exposed in the front seat, while • Never stop in a spot to pick up a pas- you are assisting a passenger or at- Parking Lot & Shopping Mall Accidents senger that leaves you at high risk of tending to the trunk. Parking lots and malls can be danger- being rear-ended by traffic, particu- ous for drivers, so please heed the follow- larly if there is curb space nearby. ing if you find yourself taking a passenger • Pull into a passenger loading area Bertram Merling is the Loss Control on a shopping excursion. without impeding the flow of traffic. Coordinator for Hereford Insurance • Always anticipate unsafe moves by • Do not delay traffic when a passenger Company. He welcomes your questions motorists exiting or entering a lot or enters your vehicle at a red light. Be and comments, and can be reached at mall. prepared to proceed and pull over to 718.361.9191 ext. 7235, or via email at [email protected] NOVEMBER 2020 • TAXI & LIVERY TIMES • 25 NEWS REPORT SAYS ECONOMY, STATE FINANCES TIED TO RESTAURANTS’ RECOVERY

Restaurant tax receipts dropped 71% across New York City during the height of the pandemic in New York, leaving a massive budget hole from an industry that contributed $26.9 billion in taxable sales last year, according to a new report. Data released in early Oct. from state Comptroller Thomas DiNapoli shows just how intertwined state finances are with the health of the restaurant industry, which accounts for 15% of all taxable sales. The report illustrates how the restaurant industry’s struggles are af- fecting the economy. Responsible for one in 12 private-sector jobs in the city, restaurants employed 317,800 people and paid $10.7 billion in wages last year, the report says. The industry is nowhere near that level of strength now – the sector is at just over half of its pre-pandemic employment levels, leaving more than 100,000 people out of work. Not until restaurants are operating at full capacity will they hire back their full staff, according to the report. The report also highlighted how little workers in the industry are paid. The average salary is $33,700, among the lowest of any sector. A previous comptroller report broke the state’s workforce into 10 industries – including transportation, professional services, education, construction, and manufacturing, and it found hospitality was the lowest-paying sector. Meanwhile, the industry itself is shrinking. A third of restaurants and half of the city’s bars were closed as of Sept. 23, according to the report – even though 43% of restaurants are making use of outdoor-dining provi- sions. Source: Crain’s New York Business DMV & TLC Summonses SCAMMERS CLAIM Michael Spevack Attorney-at-Law WU-TANG AFFILIATION You Can Receive the Finest Representation At Reasonable Fees! TO CHEAT HOTELS, All TLC & DMV Problems BANKS, LIMO SERVICE Customer Complaints • Moving Violations Wills • Buying Or Selling A Business Two men confessed to fraudulently claiming to be af- House Closings • Personal Injury Cases filiated with the Roc Nation production company and & Other Legal Work the hip-hop group Wu-Tang Clan, and used those rep- resentations along with fraudulent and stolen credit cards to rent luxury limousines and defraud hotels of 212-754-1011 thousands of dollars in goods and services in cities in Georgia and Alabama. All Will Matters Handled Aaron Barnes-Burpo, 29, of Crestview, Fla., and Walker Washington, 52, of Augusta, each pled guilty in U.S. District Court on Conspiracy to Commit Wire 97-77 Queens Blvd., Suite 1120 Fraud. The charge carries a penalty of up to 20 years in Rego Park, NY 11374 prison, followed by up to 5 years of supervised release. • There is no parole in the federal system. The scam unraveled when staff at the Fairfield Inn p 212-754-1011 and Suites in Augusta, Ga. became suspicious and www.traffic-summons.com alerted authorities. The case is being investigated by the FBI and other state and local authorities and prosecuted by Assistant U.S. Attorney Patricia G. Rhodes. I can help you with TLC Source: WRDW and in Criminal Court. 26 • TAXI & LIVERY TIMES • NOVEMBER 2020 NEWS CITY COUNCIL DISCUSSES, INTRODUCES, AND PASSES BILLS RELATED TO TLC-REGULATED INDUSTRIES IN OCT.

In October, the New York Council portation Committee to send one or handled at the TLC’s Long Island City Committee on Transportation, chaired more of these items to the full Council office went remote, due to the pandemic by Council Member Ydanis Rodriguez, for a vote. The Committee could also – including licensing, hearings, and vi- held an oversight hearing about the make amendments to the language. A olation settlements. Social distancing New York City Taxi and Limousine hearing for a vote for the above legisla- requirements forced the TLC to limit ca- Commission’s (TLC’s) response to the tion had not been scheduled, as of late pacity for appointments and instead use COVID-19 pandemic, including the October. online options when possible. Hearings TLC’s driver assistance programs. The and settlements are being done re- Committee also held a public hearing The TLC's Response to COVID-19 motely, through email, and virtually. for comments regarding two bills and and Driver Assistance Programs • As part of an effort to ensure drivers one resolution: TLC Commissioner/Chair Aloysee and customers are protected, the • Int 0018-2018 is a local law to amend Heredia Jarmoszuk testified about her TLC is allowing all vehicles without the city’s administrative code re- agency’s response to the pandemic and partitions the opportunity to have garding the 30-day inspection grace described actions taken in the past six temporary partitions installed by period given to for-hire vehicles months. In her testimony, Jarmoszuk approved partition installers. (FHVs). Sponsored by Council Mem- discussed the following: • The TLC is allowing FHV owners to ber Cabrera, it would allow FHVs TLC Driver Resource Center (DRC): place their licenses “on-hold” waiting to be inspected at a TLC in- One of the largest repositories for driver through a storage process for up to spection site to be used for up to 30 resources available anywhere, the DRC 180 days. days, if the vehicle had previously was launched in response to the spate of been properly inspected pursuant to driver suicides in recent years, provid- At the City Council hearing, the following were DMV laws and rules, and was shown ing assistance with the following: introduced and/or voted on: to adhere to all other FHV-related • Financial counseling • Int. No. 1584-A seeks to require an- laws and rules. The vehicle’s passen- • Legal services geared towards nual financial disclosure from each gers would need to be informed it medallion owner-drivers – including person with an interest in a taxicab was awaiting inspection by the TLC. loans, renegotiating financing agree- license (passed by a unanimous • T2020-6751: This Local Law seeks to ments, debt collection, and bank- vote). suspend monetary liability for park- ruptcy • Int. No. 1608-A would require the ing violations issued to essential • Driver protection services TLC to evaluate the character and workers, including TLC-regulated • Health and mental health resources integrity of taxicab brokers, agents, drivers. Sponsored by Council Mem- • Public benefits and support. and licensees (passed unanimously). ber Rodriguez, it would eliminate • Int. No. 1610-A seeks to create a TLC fines for essential workers for park- The Driver Resource Center is cur- “office of financial stability” (passed ing violations issued from the effec- rently operating virtually due to the unanimously). tive date of the COVID-19 state pandemic but will have a physical loca- • Int. No. 2114 would require a per- disaster emergency through Sep- tion in the future. centage of taxis and FHVs to be tember 30, 2020. It would serve as equipped with child restraint sys- an affirmative defense that the ve- TLC Guidance and tems. Operators of high-volume hicle’s owner or operator was an es- Information for Drivers FHV services would need to have sential worker at the time of the The TLC has updated its website to 20% of their vehicles furnished with violation. Proper documentation include COVID pandemic updates – in- child car seats. would serve as an FHV or taxi dri- cluding guidance on general health, • Int. No. 2125 would offer guidance on ver’s defense. Jarmoszuk noted that factsheets, guidance for vehicle opera- the safe reopening and operation of drivers serving free food were pro- tors, health care and medical insurance city businesses in response to the tected against parking fines (as long access, and details about the Black Car pandemic. It would require the Com- as they weren’t parked in a spot for Fund’s telemedicine program, including missioner of Emergency Manage- more than 20 minutes), but did not how to apply and eligibility requirement, the Commissioner of Small expressly support the bill. ments. Business Services, the Commis- • Res 0098-2018 called upon the New sioner of Health and Mental Hy- York State Legislature to pass legis- TLC Food Delivery Program giene, and other agency heads with lation making it a felony to assault When ridership plummeted, due to relevant expertise to develop guid- a driver licensed by the NYC TLC. the pandemic, the TLC created a Driver ance to facilitate and support the Sponsored by Council Members Ro- Food Delivery Program, allowing TLC- safe reopening of city businesses. driguez and Brannan, it would pro- licensed drivers to deliver food for • Int. No. 2126 would require the de- vide an additional layer of protection COVID-19-vulnerable and food-insecure partment of small business services for TLC-licensed drivers. It’s already New Yorkers not served through exist- to report on the impact of COVID- a felony to assault or injure transit ing programs. Drivers were provided 19. It would require the Department workers, traffic enforcement agents, with routes, compensated $53/route – of Small Business Services to submit and nurses, among other public ser- $40 base pay, plus $13 for gas, tolls. The to the Mayor, City Council and the vants. City Council noted that TLC- program, which was phased out, earned Public Advocate a report on small licensed drivers deserve this taxi and FHV drivers more than $39 businesses citywide, including infor- protection, due to the vulnerable na- million in fares through approximately mation about lost revenue, jobs elim- ture of their work. 500 million deliveries. inated, and businesses permanently closed. The next step in the legislative TLC Operations Go Virtual Sources: Windels Marx, process would be a vote by the Trans- Many in-person services previously Black Car Assistance Corp. NOVEMBER 2020 • TAXI & LIVERY TIMES • 27 NEWS

CAR CLEANING TIPS FOR TLC DRIVERS

Cleaning your car? Keep vehicle doors open and wear disposable gloves. Throw the gloves out when you are done and wash your hands with soap and water for 20 seconds – or with an alcohol-based hand sanitizer, if soap and water are not available. Wait until the surfaces dry before picking up your next passenger. Source: NYC TLC

“LIKE” TAXI & LIVERY TIMES FOR BREAKING NEWS STORIES 28 • TAXI & LIVERY TIMES • NOVEMBER 2020 NEWS TLC PROPOSES NEW RULES AT OCTOBER MEETING

In October, the NYC Taxi & Limou- Accessible medallions. The TLC sine Commission (TLC) held its first hear- Diana Clemente, President of the also sought to change rules relating to ac- ing led by TLC Chair Aloysee Heredia Black Car Assistance Corporation, asked cessible medallions. The current rule pre- Jarmoszuk. Commissioners introduced the TLC to consider language protecting vents owners of Accessible Taxi two proposed sets of rules: One package cooperative agreements. The TLC showed Medallions from receiving grants funded addressed “Adjudication and Summary an interest in learning more and Chair by the Taxicab Improvement Fund. The Suspensions”; the second was a “Clean-Up Jarmoszuk requested additional feedback. TLC said it also wants to make the follow- Package,” meant to ensure enforcement is “In the traditional black car industry, ing changes: done in accordance with changes recently many companies are set up as coopera- • Require drivers to take courses from implemented by City Council. tives,” explained Clemente, who is also TLC-authorized education providers. President/Owner of Big Apple Car and • Remove the 10-day deadline for re- The following is a summary of VIP Gold, in her testimony. “While most questing a summary suspension hear- the proposed TLC rule changes: are franchises, the absence of cooperatives ing, allowing for a hearing at any time Summary Suspension Rules. This pro- in this language would exclude many tra- during the suspension. posed rule change would update proce- ditional bases from continuing to operate • Reflect the recent TLC Education pro- dures related to notices and hearings for in the manner outlined in their coopera- gram name changes, including a re- drivers charged with a felony or serious tive agreements. It would also create an quirement that a driver convicted of misdemeanor. It would provide guidance unfair playing field within the traditional using an electronic communication de- to the Hearing Officer and Chairperson black car industry if you do not treat fran- vice while driving be mandated to take regarding public safety, including chise models the same as cooperative a Distracted Driver Portable Elec- whether a license suspension should be models. tronic Device Course within 60 days. extended. Drivers could have a license “With regard to paying earnings suspension shortened if their violation is within one week of a trip’s completion, The TLC seeks to significantly reduce not deemed a direct and substantial this would create an issue with traditional FHV illegal street hail penalties: threat to public health or safety. bases who work with corporate accounts,” • The fine for a First Violation would be Several drivers expressed concerns Clemente added. “Corporate accounts are reduced from $500 to $200-$350. that the proposal doesn’t go far enough to established with various payment sched- • The fine for a Second Violation in 24 protect them during these difficult times. ules… with payment often not made for months would change from $1,500 to They asked the TLC to be more specific in 120 days or more, while bases ensure that $350-$500 – plus up to a 30-day sus- defining when a charge should trigger a drivers are paid in a timely manner. pension. license suspension and asked that suspen- “As far as passing along summonses to sions only be used in the event of a convic- drivers, the exclusion of cooperatives The following seeks to change penal- tion. The Commissioners did not vote on would also put a halt to this practice,” ties relating to the “Hail Exclusionary these proposed rules at the hearing, but noted Clemente. “In a true cooperative, Zone”: Chair Jarmoszuk agreed to consider all the shareholders are the drivers, and they • The fine for a First Violation would be testimony before making a final decision. have agreed to the practice… as part of reduced from $2,000 to $500. the agreements they signed. Since High • The fine for a Second Violation in two TLC Clean Up Rules. The TLC pro- Volume For-Hire Vehicle (HVFHV) com- years would drop from $4,000 to $750. posed the following “clean up” rule panies are in-fact organized as coopera- • A third violation in 120 months would amendments: tives, we understand why this language be changed from $10,000, plus license • Update language relating to passen- was excluded. Simply lumping in cooper- revocation to simply a license revoca- gers with disabilities, wheelchair-ac- atives with a broad stroke would ulti- tion. cessible service, and service animals. mately also apply to HVFHVs. While a • Remove references to a Dispatch Serv- traditional black car base and HVFHV TLC Commissioners did not vote on ice Provider license, which was previ- may both be organized as cooperatives, the “clean up” rules at the meeting, and a ously repealed from TLC’s rules. they operate with very different business date had not yet been scheduled for the • Allow FHV bases with franchise agree- models. We are proposing legislative lan- vote, as of Oct. 28. ments under New York State law to guage that would ensure that traditional pay drivers and pass along sum- or legacy cooperatives are treated the Sources: Windels Marx, monses in accordance with those same as franchises.” Black Car Assistance Corp. agreements.

“LIKE” TAXI & LIVERY TIMES FOR BREAKING NEWS STORIES NOVEMBER 2020 • TAXI & LIVERY TIMES • 29 NEWS TRUCK DRIVERS’ RETURN TO WORK COULD BE SIGN OF ECONOMIC RECOVERY Trucking, which employs more larly fond of road-hogging big-rigs, other goods, helped attract reluctant than 10,000 New Yorkers, is one of the 90% of the city’s food arrives by truck. truckers from out of state. (Rates are most sensitive sectors when it comes When the city was a Covid hotspot, understood to be now running at least to changes in the economy. It tracks truck drivers were told if they set foot 10% above normal.) Even in the pan- GDP closer than any other indicator. demic’s darkest days in New York, Its sharp recovery is an encouraging most of the city’s local truck drivers – sign that the city is crawling out of the whose mean annual wage is $54,500 – economic abyss. continued to report for work to get de- “A lot of our members have recov- liveries onto supermarket shelves or ered most or all of the business they into people’s apartments. lost,” said Kendra Hems, president of Now, the same number of trucks the Trucking Association of New York. fill the city’s highways and streets as It’s a significant turnaround con- a year ago. July traffic was even sidering that in April truck traffic en- slightly ahead of last year. tering the city fell by 30%, according A “recovery” might seem puzzling to Port Authority data, and the city’s since thousands of small businesses nearest truck stop – the Vince Lom- are still hurting badly, and unemploy- bardi Travel Plaza on the New Jersey ment remains high. But companies Turnpike – was practically vacant. In that weathered the storm are aggres- early July, YRC Worldwide, the na- sively restocking inventories, and tion’s fifth-largest trucking firm, only many benefitted from a spike in online avoided bankruptcy thanks to a $700 orders as locked-down shoppers or- million federal bailout. in New York they wouldn’t be allowed dered more stuff at the height of the The absence of truckers posed a to make other pickups elsewhere. pandemic. major problem to the city because al- A hefty 35% jump in freight rates, though New Yorkers are not particu- tucked into prices for groceries and Source: Crain’s New York Business

Third Generation Brokerage, Inc. 30 • TAXI & LIVERY TIMES • NOVEMBER 2020 NEWS DID UBER, LYFT SPEND MILLIONS TO HARASS A CRITIC?

Veena Dubal, an associate professor doors locked and her kids’ windows Uber’s co-founder and then-CEO Travis at UC Hastings law school, has spent closed, and she slept in their rooms Kalanick, the company had launched a much of her professional career exam- with them. secret, fraudulent investigation of the ining and writing about the rise of the She has been forced to change her plaintiff and his lawyer, and misled the gig economy and the loss of employ- online passwords, hire a security con- targets about it. In 2014, then-execu- ment rights by workers in the sector. sultant to scrub her personal informa- tive Emil Michael expressed interest in She has been an outspoken critic of em- tion from the internet, even removing looking into the “personal lives” and ployment abuses by app-hailing serv- wedding photos that had been turned “families” of journalists critical of the ices like Uber and Lyft, and a vocal into offensive memes. Although the ini- company. Uber subsequently said it supporter of AB5, the California law tial tweet disclosing her home address had never taken any steps Michael designed to rein in what she considers has been taken down, she’s aware it is mentioned. In 2017, Uber critic Susan “employment abuses.” She has also still circulating. Fowler Righetti discovered that some- been a critic of Proposition 22, an ini- Among the attacks on Dubal was a one had been contacting her friends to tiative funded chiefly by Uber and Lyft, series of articles appearing on the glean personal information about her. aimed at overturning AB5. right-wing website Communities Digi- After her home address was posted As a result of her criticism, Dubal tal News. They label Dubal, without ev- online, Dubal, at the suggestion of her has become the target of harassment on idence, the “true author” of AB5 (Dubal digital security consultant, started Twitter – some of it downright obscene, says it’s untrue), call her the law’s blocking Twitter accounts that had tar- and some of it overtly encouraged by “puppet master,” and say she had a geted her, sometimes with vile and ob- the “Yes on Proposition 22” campaign, hand in the 2018 state Supreme Court scene language and imagery. Yes on 22 which is heavily funded by Uber and decision. This implies that Dubal then issued a tweet urging anyone she Lyft. helped write the decision, which is also blocked to post a screenshot of the Dubal’s home address was pub- untrue: The 7-0 decision, which ap- blocking notice. lished online, which prompted her local peared over the name of Chief Justice Public records act requests are police department to start regular pa- Tani Cantil-Sakauye, mentions Dubal often effective tools for journalists and trols around her home. She has been only once, citing an article by her in a consumer advocates, allowing them to falsely accused of having written AB5 single footnote. obtain records that public officials and having had a hand in the 2018 Cal- It should be noted that the Yes on would rather keep under wraps. But ifornia Supreme Court decision that led 22 ballot committee has collected more voluminous requests like the one aimed to AB5. than $110 million in contributions, at Dubal have been used by entrenched A Sacramento opposition research more than $70 million of it from Uber interests to discourage public discourse consultant working for Yes on 22 re- and Lyft – including $10 million con- by saddling their critics with time-con- cently filed a public records act request tributed by Postmates, a gig company suming busywork. seeking nine months of emails, text that Uber acquired in July. “Activists across the country have messages or “other writings” related to AB5, which went into effect in Jan., seen significant impacts using public AB5, Proposition 22 and the gig econ- codified a 2018 state Supreme Court records requests as an effective strat- omy between Dubal and roughly 160 ruling that gig company workers who egy to undermine the work of re- organizations and individuals. The re- had been classified as “independent searchers in controversial fields,” quest resembles a technique of intimi- contractors” were effectively employees explained Maria Shanle of UC’s general dation often employed by fossil fuel, and therefore entitled to benefits such counsel’s office. “In my view, this is part tobacco, anti-labor and other interests as work expenses, workers compensa- of a larger political trend toward dis- against researchers, scientists, ac- tion, unemployment insurance and the crediting the cultural authority of sci- tivists, and other critics. right to unionize. entific experts, and undermining A ride-hail driver also filed a com- Uber and Lyft, which have yet to ac- science in general.” plaint against Dubal with the state knowledge they’re subject to the law, It’s bad enough that gig companies Fair Political Practices Commission, al- responded by concocting Proposition like Uber and Lyft are spending nine- leging that she violated lobbying laws. 22. The initiative would exempt them figure sums to promote an initiative The FPPC rejected the allegation and from AB5 and substitute an alternative that benefits themselves at the expense closed the case. employment scheme that could leave of their workers. It’s especially con- Dubal tries to laugh off the public gig workers vulnerable to being ripped temptible that they’re using some of records request, but it’s clear the attack off by the businesses they work for. that money to target a critic simply be- has taken an emotional toll, particu- Uber has a record that appears to cause she speaks out against them, and larly the posting of her home address, show a willingness to try to intimidate then hiding behind their initiative com- since it happened during the pandemic critics. In 2016, U.S. Judge Jed S. mittee to do so. lockdown, when she had three children Rakoff of New York determined that in at home. She was forced to keep her the course of a lawsuit filed against Source: Working Women Report NOVEMBER 2020 • TAXI & LIVERY TIMES • 31 NEWS STATEN ISLAND ROBBER FLEES SCENE IN LIVERY VEHICLE Police have been searching for an brandished what appeared to be a lance cameras throughout the property. unidentified man who robbed an Elt- firearm, according to an NYPD Police are reviewing the footage. ingville bodega in Staten Island just after spokesman. A 71-year-old employee told Cops initiated a level-one mobilization, midnight on Oct. 20. The assailant fled police the man ordered him to empty the indicating a large search, as they hunted for the scene in what police described as a register, then made off with about $500. the suspect in the aftermath of the stick-up, Livery vehicle. No injuries were reported. which occurred around 12:30am, according The suspect entered Sun Fruit Mar- A monitor within direct view of the to emergency radio transmissions. ket, located at 3870 Richmond Ave., and front entrance indicated multiple surveil- Source: SiLive

NY LIVERY FUND, HEREFORD INSURANCE OFFER ADDITIONAL RELIEF The Livery Round Table (LRT) sent an Fund or its carrier – Hereford Insurance Com- email to its members in Oct. announcing pany – for coverage during 2020. All members that, “given the continuing hardship and shall remain in good standing. No member disruption caused by the COVID-19 pan- Livery base will be receiving an invoice. demic to Independent Livery Drivers and In- To ensure fairness, the Fund is crediting dependent Livery Bases in New York… the those members that paid their membership Board of Directors of the New York Inde- in full before COVID-19, with the propor- pendent Livery Driver Benefit Fund (NY- tionate dues amount that the member would ILDBF) decided to provide further financial have been assessed for the final 2020 install- relief to its members.” ment payment. This equates to approxi- The Board of the ILDBF remitted pay- mately 20% of the annual membership dues ment for the membership dues for ALL mem- per member. This credit will apply to future bers for the June installment, including relief membership invoices during the 2021 mem- to over 270 Livery bases. No ILDBF member bership year. will have to make its final payment to the Source: Livery Round Table

CAB DRIVER PEPPER-SPRAYED, PULLED FROM VEHICLE A cab driver who was pepper-sprayed more support from city,” pleaded driver, Rahman’s car wound up crashing before and yanked out of his car in Queens spoke M.D. Luthfur Rahman, as he described being chased down by members of a out about the incident. A 15-year-old as- the terrifying ordeal. “We are really nearby mosque. The New York State Fed- sailant was arrested for the carjacking in scared about this job because we are eration of Taxi Drivers is calling on the city Ozone Park on October 23. doing it ourselves.” to step up police patrols to protect cabbies. “We need more support from NYPD, The teen suspect accused of stealing Source: CBS New York

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