MAY 2021 www.taxiliverytimes.com Vol.22 No. 5

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An Insider’s Look at Both NYC TLC Regulated Industries PPROTECTROTECT YYOURSELFOURSELF AANDND HHELPELP SSTOPTOP HHATEATE CCRIMESRIMES

PROTÉJASEPROTÉJASE YY AYUDEAYUDE AA DETENERDETENER LOSLOS DELITOSDELITOS PORPOR DISCRIMINACIÓNDISCRIMINACIÓN

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Choose From 4 Convenient Locations: Bronx Bronx Brooklyn Queens 1765 Carter Ave. 4309 3rd Ave. 270 43rd St. 31-00 4ththe Ave. 2nd Floor (at the corner of 179th St.) Brooklyn, NY 11232 LIC, NY 11101 Bronx, NY 10457 Bronx, NY 10457 718-618-0972 718-618-0972 718-618-0972 4 • TAXI & LIVERY TIMES • MAY 2021 BY NEIL WEISS EDITOR’S NOTES RESOURCES AND ADVICE RECURSOS Y CONSEJOS PARA HACER FRENTE AL AUMENTO DE FOR DEALING WITH THE LOS DELITOS POR DISCRIMINACIÓN SPIKE IN HATE CRIMES Aunque los informes de “delitos por discriminación antiasiáticos” han aparecido en las noticias recientemente, el inspector del Departa- Although reports of “anti-Asian hate crimes” have been in mento de Policía de Nueva York (NYPD) Tommy Ng, comandante en the news recently, NYPD Inspector Tommy Ng, commanding of- jefe de la fuerza especial para delitos por discriminación contra asiáticos ficer of the city’s Asian Hate Crimes Task Force, told WABC New de la ciudad, dijo a WABC New York que “ocurren desde hace bastante York they have “been happening for quite some time.” This, of tiempo”. Esto, por supuesto, no sorprende a muchas de las personas de course, comes as no surprise to many of the people in our indus- nuestra industria que han sido intimidadas, insultadas y agredidas sim- plemente por su apariencia o su vestimenta. try who have been targeted, insulted and assaulted simply for Según la policía, para mediados de abril, se reportaron 40 delitos the way they look or dress. por discriminación antiasiáticos en Nueva York, motivados específica- According to police, by mid-April, there were 40 reported mente por la raza de las víctimas, una cifra que es al menos un 30 % anti-Asian hate crimes in NYC, motivated specifically by the vic- más alta que la cantidad total de delitos por discriminación en todo tims’ race – a number that is at least 30% higher than the total 2020. Muchos de los delitos fueron motivados por la pandemia de number of hate crimes in all of 2020. Many of the crimes were COVID-19, incluidos informes de personas que gritaban insultos racis- motivated by COVID-19, including reports of people shouting tas y tosían o escupían intencionalmente a las víctimas, un nuevo fenó- racist slurs and intentionally coughing or spitting on victims, a meno horrible que, al menos en parte, puede atribuirse a la retórica horrific new phenomenon that can at least be partially blamed racista lanzada por personas en los niveles más altos de nuestro gob- on racist rhetoric spewed by people at the highest levels of our ierno. government. Los expertos concuerdan en que, sea cual sea la cantidad, en reali- dad es mucho mayor que cualquier cifra reportada porque muchas per- Experts agree that, whatever the number, it’s actually much sonas, especialmente los inmigrantes, tienen miedo de presentarse ante higher than any reported figure because a lot of people – partic- la policía. ularly immigrants – are afraid to come forward to police. Según un artículo de Patch New York City, “Si es víctima de un According to an article in Patch New York City, “If you are delito por discriminación en la ciudad de Nueva York, o ve o escucha the victim of a hate crime in New York City, or see or hear one, uno, puede llamar al 911 para denunciarlo a la policía. Si no habla in- you can call 911 to report it to the police. If you do not speak glés, diga el nombre del idioma que habla en inglés y se le conectará English, say the name of the language that you speak in English, con un traductor (es posible que deba esperar). Luego se le pedirá que and you will be connected to a translator (you may have to hold). indique su ubicación y describa lo que está sucediendo... y que propor- You will then be asked to state your location and describe what cione tantos detalles como sea posible sobre el aspecto de los agresores, is happening… and give as much detail as possible about what qué dijeron y qué ocurrió”. they looked like, said, and what happened.” Quienes deseen permanecer anónimos, llamen a la línea para in- formantes de Crime Stoppers del NYPD al 800-577-TIPS para aportar For those who wish to remain anonymous, call the NYPD datos. También puede denunciar actos de prejuicio o discriminación a Crime Stoppers tip line at 800-577-TIPS to leave a tip. You can la Comisión de Derechos Humanos de la Ciudad de Nueva York, also report acts of bias or discrimination to the New York City disponible en línea aquí. Commission on Human Rights, available online here. De acuerdo a las leyes del estado de Nueva York, se comete un delito According to New York State law, a hate crime is committed por discriminación cuando una víctima es escogida intencionalmente when a victim is intentionally selected because of their race, skin debido a su raza, color de piel, nacionalidad, ascendencia, género, re- color, national origin, ancestry, gender, religion, religious prac- ligión, práctica religiosa, edad, discapacidad u orientación sexual. Para tice, age disability or sexual orientation. To learn more about obtener más información sobre lo que se define como delito por discrim- what is defined as a hate crime in New York, click here. inación en Nueva York, haga clic aquí.

Editor’s Notes ...... 4 & From Where I Sit ...... 6 An Insider’s Look at Both NYC TLC Regulated Industries Questions & Comments ...... 7 EDITOR: Neil Weiss TRANSLATIONS: Email: [email protected] The Language Center and NYC TLC 714 Crestbrook Ave. Taxi News ...... 8 Cherry Hill, N.J. 08003 CONTRIBUTING WRITERS: Tel: 800-723-9119/856-751-0656 Matthew Daus, Esq. Livery News...... 10 Larry Fisher PUBLISHER: David Pollack Dawood Mian E-mail:[email protected] David Pollack Features...... 14 Phone: 718-706-TAXI (8294) Steven J. Shanker, Esq. Michael Spevack, Esq. Directory ...... 17 ADV. SALES MGR./ ART & DESIGN: Michele Norton: 856-262-2368 ITAR Outlook By Matthew W. Daus ...... 20 Copyright © 2021 by TAXI & LIVERY TIMES. All rights reserved. Neither Defensive Driving ...... 26 this newspaper nor any part therof may be reproduced, copied, or transmitted in any form, without the express written permission of the publishers. The copyright is extended to the design and text created for advertisements. This The Fishbowl By Larry Fisher ...... 23 publication is not responsible for errors in advertisement beyond the cost of 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- The Taxi Attorney By Michael Spevack ...... 28 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 ...... 29 scription rate of $48 per year. MAY 2021 • TAXI & LIVERY TIMES • 5 Victims of a hate crime can get free legal help at Docu- mented’s guide and free, confidential mental health support Las víctimas de un delito por discriminación pueden obtener ayuda legal gratuita en la guía de Documented (Documentados) y apoyo de through NYC Well, which connects you to professionals that salud mental confidencial y gratuito a través de NYC Well, que lo speak more than 200 languages at 888-692-9355. You can also conecta con profesionales que hablan más de 200 idiomas llamando al text WELL (9355) to 65173, or chat with someone online by click- 888-692-9355. También puede enviar el mensaje de texto WELL (9355) ing here. al 65173, o chatear con alguien en línea haciendo clic aquí. Amid all of the terrible, recent hate crimes, a beacon of light En medio de todos los terribles delitos por discriminación recientes, recently shone on NYC when a woman named Maddy Park hace poco se encendió una luz de esperanza en la ciudad de Nueva York started a fund with $2,000 of her own money to provide “free cab cuando una mujer llamada Maddy Park inició un fondo con USD 2,000 rides for Asian women, elderly Asians, and Asians who identify de su propio dinero para ofrecer “viajes gratuitos en taxi para asiáticos as LGBTQ if they feel unsafe” riding public transportation or —particularmente mujeres, ancianos y personas que se identifican como walking somewhere. According to ABC7 New York more than LGBTQ— si se sienten inseguros” al viajar en transporte público o ir $100,000 in donations poured in within days, from people of all caminando a algún lugar. Según ABC7 New York, en unos pocos días llovieron donaciones por más de USD 100,000, de personas de todas las races and ethnicities, from across the nation, to fund more rides. razas y grupos étnicos de todo el país, para financiar más viajes. Those in need of a ride can visit Ms. Park’s Instagram ac- Aquellos que necesiten transporte pueden visitar la cuenta de In- count at Cafe Maddie Cab or request funds here. stagram de la Sra. Park en Cafe Maddie Cab o solicitar fondos aquí. Our industry is in a unique position to help make New York Nuestra industria se encuentra en una posición única para con- City’s streets safer. Drivers have long served as the eyes and tribuir a que las calles de la ciudad de Nueva York sean más seguras. ears of the NYPD, and I encourage all drivers to “say something Los conductores han servido durante mucho tiempo como ojos y oídos if you see something.” Drivers are also responsible for their own de la policía de Nueva York, y animo a todos los conductores a “hablar safety, so I urge you all to educate yourselves through classes si ven algo”. Los conductores también son responsables de su propia se- like the Independent Drivers Guild’s (IDG’s) free “Five-Star guridad, por lo que insto a todos a informarse a través de clases como Classes,” which teach methods for deescalating potentially dan- las "Clases Cinco Estrellas" gratuitas del sindicato de conductores in- gerous situations. dependientes (Independent Drivers Guild, IDG), que enseñan métodos para reducir las situaciones potencialmente peligrosas. Sohail Rana, a senior organizer managing Connecticut and Sohail Rana, organizador sénior que administra Connecticut y New Jersey for the IDG – and an FHV driver for almost three Nueva Jersey para el IDG, y conductor de vehículos de alquiler (For- decades – also encourages drivers to install webcams in their Hire Vehicle, FHV) durante casi tres décadas, también alienta a los con- cars for protection and urges them to reach out to the IDG for ductores a instalar cámaras web en sus autos para protegerse y los insta important advice. Learn more about the IDG here. a comunicarse con el IDG para obtener consejos importantes. Obtenga For the first time in a year, things are genuinely looking up más información sobre el IDG aquí. for NYC’s tourism and transportation sectors, and many New Por primera vez en un año, las cosas están mejorando genuina- Yorker’s are relieved that they will soon be able to return to “nor- mente para los sectores de transporte y turismo de la ciudad de Nueva mal” activities they’ve missed since the pandemic hit. All of this York, y muchos neoyorquinos se sienten aliviados de poder regresar should equate to more business for drivers, which is clearly good pronto a las actividades “normales” que se perdieron desde que irrumpió news. But in the meantime, please stay safe, keep important la pandemia. Todo esto debería equivaler a más actividad para los con- ductores, lo cual es claramente una buena noticia. Pero mientras tanto, phone numbers handy, and seek out free advice from organiza- manténgase a salvo, tenga a mano los números de teléfono importantes tions like the IDG. ◊◊◊ y busque asesoramiento gratuito de organizaciones como IDG. ◊◊◊

The Center New York www.thecenternewyork.com

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BY “TAXI DAVE” POLLACK

One would think that, after all of the ernor of New York gets $900 million in – and believe me, their roads are impecca- taxes we’ve paid on each gallon of gaso- discretionary funding from the Port Au- bly maintained. Next comes New York at line, I would be able to announce that thority, but that is a discussion for an- 42.7 cents per gallon, as New Yorkers every highway is finally perfect – with no other day and another time. used five million gallons in 2020. You do need for money to pave new road surfaces People are fed up with these legalized the math. or pothole repairs, no need for more scams. Why do I call the gasoline tax a This explains why revolution is in the money to build new roads/highways, no scam and the MTA a scam agency? Be- air: People are fed up with paying gasoline more money to replace or repair bridges, cause the MTA has received enough taxes only to be taxed on toll roads, only no more money to install better road money to have the entire subway system to be taxed on bonds for local and state signs, and no more money for snow-plow- rebuilt twice with a subway system that governments to exist, only to be taxed on ing all roads. I mean, just last year in New could be better than Moscow’s (80 every phone call, every drink, every York, the state sold over 5,800,000 gallons cents/ride) and a bus system better than morsel of food. of gasoline with a state tax of over 40 Hong Kong’s (starting at $2.70). If we could only feed our hungry and cents. In 2021 the New York State gaso- New York is in over its head regarding quench their thirst and provide a home for line tax went up to 42.70 cents per gallon, bureaucratic nepotism, with outside con- every American, maybe taxes would be so surely the $247 million dollars collected tracts going to insider family members, worth the struggle. I for one am totally fed will pay for every infrastructure product the Governor controls and frivolous spend- up with being over-taxed on everything. ever conceived. ing practices imbedded into its mantra. Our governments have caved in to the If only… But let’s get back to the state’s gaso- MTAs of the world, who pay off politicians For decades, all the state gasoline line tax. New York doesn’t have the high- with discretionary funds and contribu- taxes earmarked for state highways and est gasoline tax, California does at $.6305 tions, and who have a nepotistic-over- roads have been diverted to the financially cents per gallon. Combine that with a 7% priced contract agenda. wasteful Transportation-Octopus, the state sales tax and viola, they too pay Each and every expense always trick- MTA. Most of the gasoline tax money goes through the nose. les up to taxpayers like you and me. It is towards mass transit paying for subways, Of course, California is much larger disgusting that, with the billions of dollars buses and commuter railroads like AM- than New York in size and population. collected nationally, we have not solved TRACK, NJ Transit and the Long Island Pennsylvania is next with a 58.7 cent tax hunger nor homelessness. Instead, we Railroad… with no strings attached. It is on a gallon of gasoline, followed by Illinois have destroyed what is left of the middle no wonder the Governor gives the MTA at 52.16 cents, and New Jersey at 50.7 class, yet our governments still raise gaso- whatever new taxes they can dream up – cents (up from 41.40 cents in 2020). line taxes and tolls every year. whether it be the sale of your New York One would think that Hawaii, a state Damn, our governments cannot even state home, your cell phone, your energy where EVERYTHING must be shipped fix our current roads and bridges, even bills, etc. from our mainland would have the high- though there was enough tax money to You get the picture: Legalized Scams est gasoline tax, but they are the sixth repave every road and replace every to take your hard-earned dollars. The gov- most expensive at 46.84 cents per gallon bridge from New York to California. ◊◊◊

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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“Taxis have played a central role in the fab- “A new class-action lawsuit says a decade “An Uber driver was assaulted as a re- ric of urban transportation for more than a of negligence and corruption by New York sult of a group attacking him because he century, with the first city taxi dating back City officials destroyed the value of yellow would only take four passengers as man- over 115 years… One of the ways taxis can taxi medallions, and demands $2.5 billion in dated by TLC Rules. Please encourage driv- be better situated to navigate a constantly restitution. The suit alleges city officials were ers that when they see any potential threat evolving industry is through a universalized in 2011 warned the medallion market would it is best to comply with a group to avoid any platform approach that gives consumers ac- collapse by TLC staffer Gary Roth, who conflict. Based on other recent assaults it is cess to all forms of available transportation. wrote a memo made public in 2019 warning not wise to call for assistance if the incident By opening up integration opportunities for that ‘if the price of medallions dropped sig- has not escalated, which encouraged the various providers of taxis, for-hire vehicles, nificantly, it could force recent medallion buy- group to attempt to confiscate the driver’s ride-share vehicles, and other modes of ers underwater.’ Despite Roth’s findings, the phone and assault the driver. It is not worth transportation through open platforms or TLC continued to auction off new medallions the risk of bodily harm to stand up for a TLC services, all parties can benefit. For taxis, a for sky-high prices, the suit says.” rule or for personal preferences in a poten- universal platform approach to booking – Clayton Guse and Noah Goldberg tially problematic situation.” travel is especially important, as it makes it ______– Bertram Merling possible for drivers and everyone in the taxi ______industry to compete on the same playing “The NYC taxi industry will never be the field with other forms of transportation.” same after the pandemic. There will be fewer – Amos Tamam yellow taxis, more surcharges, and foreclo- ______sures/bankruptcies.” – Taxi Solomon

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You can also set up free tests in advance of special events – including weddings, sporting events, parties, religious gatherings, and wine tours. Call today to schedule. A medical professional will visit your business and test your drivers and employees, giving your clients peace of mind. 8 • TAXI & LIVERY TIMES • MAY 2021 TAXI NEWS NYC TAXI DRIVERS TO FILE CLASS ACTION LAWSUIT AGAINST NYC OVER MEDALLION VALUES A new class action lawsuit that in- issues that caused medallion prices to would collapse by TLC staffer Gary Roth, tends to blame plummeting yellow taxi tank. who wrote a memo made public in 2019 medallions values on “a decade of negli- The city’s taxi medallion program was warning that “if the price of medallions gence and corruption by New York City of- launched in 1937 to rein in the growing dropped significantly, it could force recent ficials” is asking for $2.5 billion in number of cabs on city streets. The num- medallion buyers underwater.” restitution. The suit alleges a years-long ber of yellow cabs was fixed at 11,787 for Despite Roth’s findings, the TLC con- scheme by the city to “artificially” inflate decades – although, in 1996, the city tinued to auction off new medallions for yellow cab medallion prices it sold at auc- began auctioning new medallions, allow- sky-high prices, the suit says. It also tion by lying about their value. From 2004 ing that number to grow to 13,500 over claims that city officials deliberately lied to 2014, medallion sales netted city coffers the course of years. when they advertised medallions as air- $855 million, the suit says. The suit, as filed, names two medal- tight investments and did nothing to stop The city is being blamed for allowing lion owners as plaintiffs, although lawyers bid-rigging by taxi medallion owner Uber and Lyft to add tens of thousands of are hoping that more cabbies will join the Evgeny Friedman. new For-Hire Vehicles, crowding city case. It alleges that city officials were streets and creating supply and demand warned in 2011 that the medallion market Source: New York Daily News NYC LAUNCHES $30M AD PUSH TO LURE BACK TOURISTS New York City is launching a $30 mil- “Tourism has been an important part inviting friends and family to plan a visit.” lion tourism advertising campaign in June of life for this city, an important part of our The tourism campaign announcement to revive industries that have been gutted economy – hundreds of thousands of jobs comes more than a year after the COVID- by coronavirus pandemic lockdowns, depend on tourism,” said de Blasio. 19 pandemic struck and decimated the Mayor Bill de Blasio announced in April. Fred Dixon, president and CEO of the city’s hospitality industry. In March, city The campaign aims to boost Gotham’s city’s tourism bureau NYC & Company, hotel occupancy data reported an uptick hotel, restaurant, arts, entertainment and explained that the “major comprehensive and foot traffic in Times Square showed taxi industries, as well as bring back some marketing and advertising campaign” will that tourists were starting to filter back 400,000 jobs connected to tourism. kick off in June with the message that “all into the Big Apple, but the stats were a far “We need to let people know we’re open five boroughs are open, vibrant and ready cry from where those figures were before for business. It’s safe to come here… to this to safely welcome back visitors and busi- the COVID-19 pandemic. city that’s been so heroic during this cri- ness events.” NYC & Company projects that 36.4 sis,” said de Blasio, who called it “the “We’re going to do all we can to accel- million people will visit the Big Apple in largest campaign ever to promote tourism erate tourism’s recovery,” said Dixon, who 2021, recovering more than 50% of the in New York City and it will remind people noted that the campaign will also “target record 66.6 million tourists that came in this is the place to be.” international travel markets as those 2019. The campaign is being funded through begin to open back up.” By 2024, officials expect the city to ex- federal stimulus money, according to City In the run-up to the campaign, Dixon ceed its 2019 visitor record with an antici- Hall. Typically, the city spends around $3 said, the city is encouraging New Yorkers pated 69.3 million visitors. million annually in tourism advertising. to take “an active role in the recovery by Source: New York Post UNITED TAXI TO ADD NEW TESLA MODEL 3 YELLOW CABS IN NYC In October 2019, the New York City Taxi and Limousine Com- mission (TLC) approved the Tesla Model 3 as the first Electric Ve- hicle (EV) to be eligible to become a yellow cab in New York City. It took another year before the first Model 3 yellow cab actually hit an NYC street, but a growing number of cabbies have shown an in- terest in making the jump to electric – citing savings on fuel and maintenance. Savas Tsitiridis, president of United Taxi Management, said he sees opportunity in EVs and recently announced that his company has begun the process of adding four more Tesla Model 3 electric cars to its fleet. Tsitiridis even installed a Chargepoint charging station in his com- pany’s lot to charge the new EVs. Source: Electrek MAY 2021 • TAXI & LIVERY TIMES • 9 10 • TAXI & LIVERY TIMES • MAY 2021 LIVERY NEWS 8 STEPS TO CREATE A CREANDO RUTINAS SALUDABLES HEALTHY ROUTINE Trabajar, pagar las cuentas, limpiar, cocinar, ir de compras, Work, paying bills, cleaning, cooking, shopping, exercising, hacer ejercicio, dormir lo suficiente y cuidar a los niños son algunas getting enough sleep, and taking care of children are just some of de las cosas que millones de estadounidenses hacen cada día y es the things millions of Americans do each day and it is easy to be fácil sentirse abrumado. Puede parecer imposible hacer todo, y overwhelmed. It can feel impossible to get everything done, let además cuidarse a sí mismo, especialmente si ya está luchando con alone take care of yourself – especially if you’re already struggling un problema de salud mental como la depresión o la ansiedad. Al with a mental health concern like depression or anxiety. By cre- crear rutinas, organizamos nuestros días de tal manera que ocu- ating routines, we organize our days in such a way that taking parnos de las tareas y de nosotros mismos se convierte en un patrón care of tasks and ourselves becomes a pattern that makes it easier que facilita hacer las cosas sin tener que pensar mucho en ellas. to get things done without having to think hard about them. Datos Rápidos Fast Facts • Cuando se trata de la dieta, el sueño y el ejercicio, tener rutinas • When it comes to diet, sleep and exercise, having good, strong buenas y fuertes está relacionado con una mejor salud mental y física. routines is linked to improved mental and physical health. • Las personas con más rutinas diarias tienen menores niveles • People with more daily routines have lower levels of distress de angustia cuando enfrentan problemas de salud o eventos when facing problems with their health or negative life negativos en su vida. events. • Se requiere un promedio de 66 días para que un compor- • It takes an average of 66 days for a behavior to become auto- tamiento se convierta en automático (un hábito), pero para al- matic (a habit), but for some people it can take as long as 8 gunas personas puede tomar hasta 8 meses y 1/2. ¡No se rinda! 1/2 months. Don’t give up! Consejos Para El Éxito Tips for Success • Cree una rutina adecuada para usted. No todos tenemos • Create the routine that is right for you. We don’t all have los mismos horarios o responsabilidades y algunos de nosotros the same schedules or responsibilities and some of us struggle tenemos más dificultades con ciertos aspectos de la vida diaria with certain parts of daily life more than others. All healthy que otros. Todas las rutinas saludables deben incluir una ali- routines should include eating a nutrition-rich diet, exercis- mentación balanceada, ejercicio y suficiente descanso, pero no ing, and getting enough sleep, but no two routines will be ex- hay dos rutinas exactamente iguales. De hecho, su rutina actly the same. In fact, your routine may not even be exactly puede no ser exactamente igual todos los días. • Empiece con algo pequeño. Cambiar la rutina diaria de una the same every day. sola vez probablemente no dará resultados duraderos. Selec- • Start small. Changing up your day-to-day routine all at once cione algo pequeño cada semana para trabajar en ello. Podría probably won’t end up with lasting results. Pick one small ser añadir algo nuevo y positivo, o eliminar un mal hábito. Los thing each week to work on. It could be adding something new pequeños cambios se suman. and positive, or cutting out a bad habit. Small changes add • Agregue a sus hábitos existentes. Probablemente ya tiene up. algunos hábitos en su rutina, como tomar una taza de café por • Add to your existing habits. You probably already have la mañana. Intente añadir nuevos hábitos a los ya existentes. some habits worked into your routine, like drinking a cup of Por ejemplo, si quiere leer más, puede dedicar diez minutos a coffee in the morning. Try adding new habits to existing ones. leer mientras toma el café (en lugar de tomarlo camino al tra- For instance, if you want to read more, you could set aside ten bajo). minutes to read while you have your coffee (instead of drink- • Realice intercambios. Piense en las cosas que hace durante ing it on your drive to work). el día que no son tan saludables y cámbielas por mejores com- • Make swaps. Think about the things you do during the day portamientos. Por ejemplo, si se siente cansado por las tardes that aren’t so healthy and swap them with better behaviors. y come bocadillos azucarados para reanimarse rápidamente, For example, if you feel sluggish in the afternoons and eat intente dar una caminata rápida para que su sangre bombee y fluyan las endorfinas. O si a veces toma algunos tragos de be- sugary snacks for a quick pick-me-up, try taking a brisk walk bidas alcohólicas después de un largo y estresante día, pruebe instead to get your blood pumping and endorphins flowing. tomar un té caliente en su lugar. Or if you find yourself having a few alcoholic drinks after a • Planifique con anticipación. Cuando los días se vuelven ag- long stressful day, try sipping hot tea instead. itados, puede que se sienta tentado a omitir las nuevas partes • Plan ahead. When life gets hectic, you may be tempted to de su rutina diaria. Al hacer cosas como preparar las comidas skip out on the new parts of your daily routine. By doing con anticipación, elegir por la noche la ropa que se pondrá para things like prepping meals ahead of time, picking out an outfit ir a trabajar el día siguiente, o tener una opción alternativa de the night before work, or having an alternate home workout ejercicio en casa para los días en que no puede ir al gimnasio option for the days you can’t make it to the gym, you help set lo ayuda a prepararse para el éxito incluso cuando está apu- yourself up for success even when you’re hurried. rado. • Make time for things you enjoy. Even if it’s just 15 minutes • Dedique tiempo a las cosas que disfruta. Aunque solo sea a day, set aside time to do something you find fun or relaxing 15 minutos al día, reserve tiempo para hacer algo que le – it will release chemical messengers in your body that are parezca divertido o relajante: liberará en su cuerpo mensajeros good for your physical and mental health. químicos que son buenos para su salud física y mental. • Reward yourself for small victories. Set goals and cele- • Tome recompensas por las pequeñas victorias. Establezca metas y celebre cuando las alcance. ¿Ha añadido una rutina de brate when you reach them. Have you added exercise to your ejercicio a su semana y ha hecho ejercicio todos los días como weekly routine and worked out every day as planned for the lo planificó en las últimas semanas? ¡Merece un premio! Mire last couple weeks? Treat yourself! Watch a movie you’ve been una película que haya querido ver o pruebe un nuevo video- wanting to see or try out that new video game. juego. • Don’t beat yourself up if you miss a day. Making life • No se sienta culpable si omite un día. Hacer cambios en la changes can be hard and you might forget to do something vida puede ser difícil y quizás a veces se olvide de hacer algo that is new to your routine every once in a while. You don’t que es nuevo en su rutina. No tiene que ser perfecto, solo in- have to be perfect, just try to do better the next day. tente hacerlo mejor al día siguiente.

Source: Mental Health America Source: Mental Health America MAY 2021 • TAXI & LIVERY TIMES • 11

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MET3208 MKT 21.033 Excelsior Print ad v9 9.5Wx13H.indd 1 4/27/21 4:19 PM 12 • TAXI & LIVERY TIMES • MAY 2021 LIVERY NEWS WOMAN RAISES MONEY TO MUJER RECAUDA DINERO PARA PAGAR PAY FOR RIDES FOR SCARED VIAJES DE NEOYORQUINOS ASIÁTICOS ASIAN NEW YORKERS AMID ATEMORIZADOS ANTE UN AUMENTO DE SPIKE IN HATE CRIMES DELITOS POR DISCRIMINACIÓN

Un aterrador aumento de los delitos contra asiáticos por A terrifying rise in Asian hate crimes across the country motivos de discriminación o xenofobia en todo el país ha con- has shocked the conscience of America and left many of mocionado a la conciencia de Estados Unidos y sumido en un Asian descent feeling vulnerable. While riding on a train, a estado de vulnerabilidad a muchas personas de origen woman named Maddy Park came up with the idea of raising asiático. Mientras viajaba en tren, a una mujer llamada money to help scared Asian Americans get around town Maddy Park se le ocurrió la idea de recaudar dinero para safely, and her plan took off. ayudar a los norteamericanos de origen asiático atemoriza- Park said she read numerous reports of hate crimes dos a circular por la ciudad de manera segura, y su plan ar- against Asian New Yorkers, and decided to put up $2,000 of rancó. her own money to start @CafeMaddyCab on Instagram – La Sra. Park dijo que leyó numerosos informes de delitos which offers to pay for cab rides for Asian American senior por discriminación contra neoyorquinos asiáticos y decidió citizens or Asian women who don’t feel safe and can’t afford aportar $ 2,000 de su propio dinero para comenzar @Cafe- MaddyCab en Instagram, que ofrece pagar viajes en taxi a them. Park acknowledges that she can afford a taxi but personas mayores asiático-norteamericanas o mujeres asiáti- knows many people who cannot. cas que no se sienten seguras y no pueden pagarlos. La Sra. “Last week I took the train,” she said. “It was a 30- Park es conciente de que ella puede pagar un taxi, pero minute commute, and I realized every minute of that com- conoce a muchas personas que no pueden hacerlo. mute I was terrified. I was scared that any moment in time “La semana pasada tomé el tren”, dijo. “Fue un viaje de someone might say a racial slur or attack me. Worst of all, I 30 minutos y me di cuenta de que cada minuto de ese viaje thought that if something were to happen to me, nobody estuve aterrorizada. Tenía miedo de que en cualquier mo- would stand up. [So], I just said look, I have $2,000, if you mento alguien pudiera decir un insulto racial o agredirme. need a ride, just charge me on Venmo.” Lo peor de todo es que pensé que si me pasaba algo, nadie Donations quickly started pouring in to help support her me defendería. [Entonces], simplemente dije mire, tengo cause – more than $100,000 in just the first two days. People USD 2,000, si necesita que lo lleven, solo cóbreme por Venmo”. from across the nation, from all races and ethnicities sent Pronto comenzaron a llegar donaciones para apoyar su her messages and money. “It really opened my eyes to how causa: solo en los dos primeros días más de USD 100,000. many people are actually supporting the Asian community Personas de todo el país, de todas las razas y grupos étnicos in New York City,” she said. le enviaron mensajes y dinero. “Realmente me abrió los ojos Historically, such crimes have been difficult to accurately a cuántas personas apoyan de hecho a la comunidad asiática track because people are often afraid to come forward, mak- en la ciudad de Nueva York”, comentó. ing it nearly impossible to establish an accurate baseline, ac- Históricamente, estos delitos han sido difíciles de ras- cording to Russell Jeung,a Professor at San Francisco State trear con exactitud porque las personas a menudo tienen University and co-founder of Stop AAPI Hate, which has miedo de presentarse, por lo que es casi imposible establecer been tracking incidents nationwide since the start of the una referencia precisa, según Russell Jeung, profesor de la pandemic. Universidad Estatal de San Francisco y cofundador de Stop AAPI Hate, que viene haciendo un seguimiento de incidentes Jeung says there’s a surge in “racism,” but that’s sepa- en todo el país desde el inicio de la pandemia. rate from the higher number of hate crimes now being re- Jeung afirma que el "racismo" se ha intensificado, pero ported. eso es independiente de la mayor cantidad de delitos por dis- “I say there’s two trends,” he said. “We’ve always experi- criminación que ahora se denuncian. enced violence for those of us who live in urban areas, and “Yo sostengo que hay dos tendencias”, dijo. “Los que vivi- so that’s been consistent. And then there’s last year’s trend mos en áreas urbanas siempre hemos experimentado violen- of pandemic racism.” cia, de modo que eso ha sido constante. Y luego está la It extends beyond blatant violence, Jeung adds: “We are tendencia de racismo pandémico del año pasado”. now tracking coughing and spitting incidents that make up Esto va más allá de la violencia flagrante, añade Jeung: 7% of our cases. I don’t think people were coughing and spit- Ahora estamos rastreando los incidentes de toser y escupir ting on their fellow humans in 2019.” que representan el 7 % de nuestros casos. No creo que la gente tosiera y escupiera a sus congéneres en 2019”. Sources: ABC7 New York, WABC New York Fuentes: ABC7 New York, WABC New York

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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 MAY 2021 • TAXI & LIVERY TIMES • 13 LIVERY NEWS MAN’S LEG SEVERED A UN HOMBRE SE LE CORTA STEPPING OUT OF FHV LA PIERNA AL SALIR DE FHV IN BROOKLYN EN BROOKLYN A un hombre se le cortó la pierna por debajo de la rodilla A man’s leg was severed below the knee when an cuando un vehículo deportivo utilitario (SUV) lo inmovilizó con- SUV pinned him against a For-Hire Vehicle he had just tra un vehículo de alquiler (For-Hire Vehicle, FHV) del que acababa de bajar en Brooklyn, informó la policía. La víctima de exited in Brooklyn, police said. The 33-year-old victim 33 años bajó del FHV en Elton St. y Atlantic Ave. en el este de stepped out of the FHV at Elton St. and Atlantic Ave. in Nueva York justo antes de que una SUV Lexus chocara contra East New York just before a Lexus SUV slammed into el automóvil, el 25 de marzo aproximadamente a las 8:25 p. m. the car, at about 8:25pm on March 25. Los médicos trasladaron a la víctima al Hospital de la Uni- Medics took the victim to Brookdale University Hos- versidad de Brookdale, donde se encontraba en estado grave pital, where he was in serious but stable condition. pero estable. A 58-year-old woman was driving the Lexus west on Según la policía, una mujer de 58 años conducía la Atlantic Ave. when she hit the victim, police said. She camioneta Lexus hacia el oeste por Atlantic Ave. cuando em- was taken to Jamaica Hospital with minor injuries. bistió a la víctima, dijo la policía. La conductora fue llevada al Heavy damage to the front end of the Lexus suggests Jamaica Hospital con heridas leves. El gran daño en la parte speed was a factor in the collision. delantera de la SUV Lexus sugiere que la velocidad incidió en la colisión. The FHV driver was not hurt. El conductor del FHV no resultó herido. Source: New York Daily News Fuente: New York Daily News

If you or someone you know is suffering from de- pression, there is a free, confidential helpline CONFIDENTIAL called NYC Well that is always available and ac- cessible in 200 languages. You can call 1-888-NY- CWell, or text “WELL” to 65173. However, if you HELPLINE are ever in immediate danger of harming yourself or others, please call 911. 14 • TAXI & LIVERY TIMES • MAY 2021 FEATURES HOW TO CLEAN A TACKY FILM FROM YOUR WINDSHIELD

During the spring and sum- some new paper towels. mer, you may find an unhappy As with all cleaning jobs, it is surprise awaiting you if you park best to avoid direct sunlight and outside: sticky tree sap on your to always try a small section first, windshield. This tacky film can just in case something unex- be very difficult to remove, even pected happens. with ammonia-based and vine- For the inside of a windshield, gar-based automotive glass try a cleaner specifically designed cleaners that otherwise work for auto windshields and clean very well. paper towels. Two applications The best way to remove this are usually all you need. substance is a glass cleaner and For newer vehicles: Before one or two applications of rubbing you spray the inside of a wind- alcohol (just the standard stuff in shield, cover any sensors or aper- your medicine cabinet will do). tures related to head-up displays Apply the alcohol liberally to and auto lighting and wipers. a clean, high-quality paper towel. That will avoid damage from Then rub the windshield and let dripping cleaner. Also, keep your it dry. If there is still a bit of spray and your hands away from cloudiness on the windshield, re- the auto-braking cameras in the peat the alcohol application a sec- area of the rearview mirror. ond time. Follow this with a liberal dose of glass cleaner and Source: Torque News

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Audrey is an amazing dog who came to us in mid-December and gave birth to a litter of puppies on Christmas Eve. Her puppies were adopted and now it's this wonderful mama dog's turn to get a home. She would love a house with a yard in a quiet neighbor- hood so she can spend her time lying in the sun. After all her hard work raising puppies she is ready for some TLC with you! #GetYourRescueOn Every year, an estimated 2 million homeless pets are euthanized. Our goal: a no-kill Trebek is a shy young tabby looking for a nurturing human who will give him the time he needs to settle into his home. We world where all homeless pets are seeking a calm, predictable household with older children and adults with fearful cat experience to help him succeed. Tre- find loving homes. Here are some bek may not have all the answers to your questions, but he’ll sweet, beautiful animals that sure have fun helping you find them! #GetYourRescueOn desperately need a home. #GetYourRescueOn For information on how to meet our adoptable pets, please e-mail [email protected], call 516-883-7575 or visit animalleague.org/adopt. MAY 2021 • TAXI & LIVERY TIMES • 15 FEATURE EMERGENCY CARE: WHEN AND WHERE YOU NEED IT Sometimes it’s easy to know a situation body, confusion, trouble speaking or is an emergency. You or a loved one can’t understanding, trouble seeing in one breathe, is bleeding, or can’t move a body or both eyes, trouble walking, dizzi- part. Other times, the signs aren’t so obvi- ness, loss of balance or coordination ous or debilitating. You think they’ll go • Sudden, severe headache with no away, or you don’t want to bother the emer- known cause gency room doctors with something minor. • Bleeding that doesn’t stop after 15 What should you do? Call 911 or head minutes of direct pressure to the nearest emergency room. • Sudden severe pain and swelling in a joint Be sure to seek emergency treatment • Difficulty breathing if you have: • Passing out (fainting) • Chest pain that may be accompanied • Swallowing poison by sweating, shortness of breath, • Choking spreading pain, nausea, vomiting, • Broken bones dizziness, or a fast or irregular heart- • Bites, human or from some animals beat • Gaping wounds (meaning the edges • Symptoms of a stroke, including sud- don’t come together) den numbness or weakness of the face, arm or leg, especially on one side of the Source: Virtua Health

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Third Generation Brokerage, Inc. 16 • TAXI & LIVERY TIMES • MAY 2021 FEATURE GETTING BACK TO LIFE WITHOUT VOLVER A LA VIDA SIN ANSIEDAD PANDEMIC-RELATED ANXIETY RELACIONADA A LA PANDEMIA As more people receive vaccines, life as we knew it before A medida que más personas reciben vacunas, la vida tal como the pandemic is starting to return. la conocíamos antes de la pandemia está empezando a regresar. Es- We are seeing restrictions relax on travel and businesses, tamos viendo que las restricciones en los viajes y los negocios se re- small gatherings are allowed, and many are eager to get back lajan, pequeñas reuniones están permitidas, y muchos están to normal routines and activities. But after more than a year ansiosos por volver a las rutinas y actividades normales. Pero de- with limited places to go and things to do, some people may feel spués de más de un año con lugares limitados a donde ir y cosas que hacer, algunas personas pueden sentirse ansiosas e indecisos acerca anxious and hesitant about stepping back into everyday activi- de volver a las actividades cotidianas. ties. A medida que el mundo vuelve lentamente a la normalidad, al- As the world slowly returns to normal, some can feel anxious gunos pueden sentirse ansiosos incluso por actividades cotidianas about even simple, everyday activities when they haven’t done simples cuando no las han hecho durante mucho tiempo. Además, them for a long time. Plus, the safe spaces we created in our los espacios seguros que creamos en nuestros hogares durante el homes during the height of the pandemic may now make us feel apogeo de la pandemia ahora pueden hacernos sentir menos seguros less safe and more fearful when stepping outside the bubbles y más temerosos al salir de las burbujas que hemos creado. we’ve created. Hasta cierto punto, la angustia relacionada con COVID se man- To a certain extent, COVID-related distress manifests in ifiesta de la misma manera que cualquier otra respuesta a cualquier much the same way as any other response to any other stressful otra actividad estresante. Algunos signos emocionales de angustia activity. Some emotional signs of distress may include increased pueden incluir mayor irritabilidad, enojo, tristeza intensa o incluso entumecimiento emocional. irritability, anger, intense sadness, or even emotional numbing. Los cambios de comportamiento pueden incluir una pérdida de Behavioral changes may include a loss of interest in things interés en cosas que antes disfrutaba, aislamiento social y un mayor once enjoyed, social withdrawal, and increased use of substances uso de sustancias como el tabaco y el alcohol. Algunos efectos físicos such as tobacco and alcohol. Some common physical effects of comunes de la angustia también pueden incluir cambios en el distress can also include changes in appetite, fatigue, difficulty apetito, fatiga, dificultad para concentrarse, y falta del sueño. Otras concentrating, and poor sleep. Other manifestations may include manifestaciones pueden incluir aumento de dolores de cabeza, ten- increased headaches, muscle tension, and stomach problems. sión muscular y problemas estomacales. Understanding your feelings and taking deliberate steps to Comprender sus sentimientos y tomar medidas deliberadas para deal with situations that cause fear and anxiety can help. A lidiar con situaciones que causan miedo y ansiedad puede ayudar. few tips may be helpful as you navigate your way back into the Algunos consejos pueden ser útiles mientras navegas por su camino world. de regreso al mundo.

Lidiando con sus Sentimientos Dealing With Your Feelings Los primeros pasos para lidiar con cualquier sentimiento de The first steps to dealing with any feelings of fear and anx- miedo y ansiedad es darse cuenta de que estos sentimientos son nor- iety is to realize that those feelings are normal. Then focus on males. Entonces concéntrate en controlar esas cosas que puedas y controlling those things you can, and acknowledge what things reconocer lo que no puedes. you can’t. “Algunas de las cosas bajo su control incluyen distanciamiento “Some of the things under your control include physical dis- físico, usar una máscara y lavarse las manos”, dice Philip J. Fizur, tancing, wearing a mask, and washing your hands,” says Philip PsyD, un psicólogo clínico de salud en Cooper University Health J. Fizur, PsyD, a clinical health psychologist at Cooper Univer- Care. “Pero puedes llevarlo aún más lejos y controlar cosas como al- sity Health Care. “But you can take it even further and control imentarse bien (aunque la indulgencia ocasional puede ser una things like eating well (although the occasional indulgence can buena manera de sobrellevarlo), hacer ejercicio regularmente, con- struir buenos hábitos de sueño y evitar el uso excesivo de sustancias be a nice way of coping), exercising regularly, building good como el alcohol y el tabaco”. sleeps habits, and avoiding excessive use of substances like al- Para cualquier cosa fuera de su control, las intervenciones cohol and tobacco.” basadas en la atención que pueden ayudar a construir su comodidad, For anything outside of your control, mindfulness-based in- flexibilidad y la capacidad para adaptarse a situaciones que causan terventions can help build your comfort, flexibility, and ability miedo y ansiedad. Al mantenernos conectados con lo que está suce- to adapt to situations that cause fear and anxiety. By staying diendo en el momento presente, re-involucrar nuestros sentidos y connected to what is happening in the present moment, we re- nuestra ansiedad tiende a disminuir. engage our senses and our anxiety tends to decrease. Para volver a las rutinas y actividades diarias que usted dis- To get back into daily routines and activities you previously frutaba previamente, el Dr. Fizur sugiere enfocarse en una actividad enjoyed, Dr. Fizur suggests focusing on a specific activity or sit- o en una situación específica a la que necesita volver a incorporar – uation you need to get reacclimated to – going back into an office el volver a la oficina para trabajar o simplemente ir al supermer- cado, por ejemplo – y hacer un plan para tomar pequeños pasos prác- to work or just going to the grocery store, for example – and ticos para volver al ritmo de las cosas. Trata de que sea un hábito making a plan to take small, actionable steps to get back in the de nuevo. swing of things. Try to make it a habit again. “Tomar este enfoque puede ser útil al permitir que se produzca “Taking this approach can be helpful by allowing the process el proceso de habituación natural, pero también nos ayuda a reforzar of natural habituation to occur, but also helps us to bolster our nuestro sentido de control y fortalecer nuestra capacidad para proce- sense of control and strengthen our ability to process our emo- sar nuestras emociones”, dice el Dr. Fizur. tions,” Dr. Fizur says. Ayudar a otros a lidiar con la Helping Others Deal with COVID-Related Anxiety ansiedad relacionada con COVID If you notice that a family member or friend struggling with Si usted observa que un miembro de la familia o amigo está pandemic-related anxiety, simply pointing out that you’ve no- luchando con la ansiedad relacionada con la pandemia, simplemente señalando que has notado algunos cambios en ellos y preguntar ticed some changes in them and asking how they are doing could cómo están haciendo podría ayudar. Sólo la pregunta sirve como una help. Just the question serves as an invitation for them to talk invitación para que hablen de sus sentimientos. Es importante no about their feelings. It’s important not to pressure loved ones presionar a sus seres queridos para que expresen sus sentimientos. into expressing their feelings. Rather, you should just reinforce Más bien, sólo debe reforzar que usted está allí para ellos cuando that you are there for them when they are ready to talk, or if están listos para hablar, o si necesitan ayuda. they need help. Algunas otras estrategias para ayudar a los miembros de la fa- Some other strategies to help family members and loved milia y a sus seres queridos: ones: MAY 2021 • TAXI & LIVERY TIMES • 17

• Acknowledge and support their struggle. • Reconocer y apoyar su lucha. • Ask if they want advice (and only give it when asked) or just • Pregunta si quieren un consejo (y solo lo dan cuando se les pre- need space to vent and feel validated. gunte) o simplemente necesitan espacio para desahogarse y sentirse • Listen more than you talk. validados. • Resist the urge to judge or impose your own beliefs. • Escucha más de lo que tú puedas hablar. • Relate to what they are going through if you can – without • Resista al el impulse de juzgar o imponer tus propias creencias. • Relacionarse con lo que está pasando si usted puede– sin hacerse taking over the conversation. al mando de la conversación. • Reinforce your openness to help them. • Refuerce su disponibilidad para ayudarles. • Encourage them to seek professional help if their distress is • Anímelos a buscar ayuda profesional si la angustia está inter- interfering with their quality of their life. firiendo con calidad de vida de ellos. • Offers suggestions of resources that may help – but only if • Ofrece sugerencias de recursos que pueden ayudar – pero solo si they ask for them. ellos lo piden.

If you or a loved one is feeling reluctant to leave the house, or Si usted o un ser querido se siente reacio a salir de la casa, o lavarse washing hands and surfaces far beyond public health recommen- las manos y las superficies mucho más allá de las recomendaciones de dations, or constantly checking on the well-being of loved ones, salud pública, o verificar constantemente el bienestar de sus seres queri- may suggest an anxiety-related illness caused by COVID that may dos, puede sugerir una enfermedad relacionada con la ansiedad causada por COVID que puede requerir ayuda profesional. require professional help. Recursos en Caso que Usted o Resources if You or a Loved One Need Extra Support un Ser Querido Necesitan Apoyo Adicional Often the best way to deal with pandemic-related anxiety and A menudo, la mejor manera de lidiar con la ansiedad y el miedo rela- fear is to stay connected to your family members and friends. But cionados con la pandemia es mantenerse conectado con los miembros de if you need additional support, Dr. Fizur notes there are other re- su familia y amigos. Pero si necesita apoyo adicional, el Dr. Fizur señala sources available that may help. que hay otros recursos disponibles que pueden ayudar. • COVID Coach – a free app for everyone produced by Veterans • COVID Coach – una aplicación gratuita para todos los casos pro- Affairs that supports self-care and mental health during the ducido por Asuntos de Veteranos que apoya el autocuidado y la pandemic salud mental durante la pandemia • FACE COVID – a structured guide (as a downloadable PDF) • FACE COVID – una guía estructurada (como PDF descargable) para poner en marcha pasos para responder a la pandemia del to putting steps in place to respond to the COVID pandemic COVID • Find a Therapist – a resource from Psychology Today to find • Find a Therapist– en el recurso de Psychology Today puede encon- professional help trar ayuda profesional • Therapist referrals – you can call the number on the back of • Referido a Terapeutas – Usted puede llamar al número en la parte your insurance card for referrals de atrás de su tarjeta de seguro de salud para un referido Source: Cooper Health Source: Cooper Health

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18 • TAXI & LIVERY TIMES • MAY 2021 FEATURE Credit: Breuer lab / Brown University AS UBER & LYFT RECRUIT NEW DRIVERS, SOME EXISTING DRIVERS ARE UPSET CNN Business reports on Uber & Lyft's recent initiatives to attract more drivers back as passenger demand returns. What does it mean for the NYC for-hire transport market?

BY DAWOOD MIAN “We want drivers to take advantage those who worked through the pandemic because of its unique rules and regula- of higher earnings now because this is upset. tions (i.e. driver minimum pay stan- likely a temporary situation.” dard). While we have personally seen - Uber “If they oversaturate with drivers, that drivers come off the Uber / Lyft driver means we're sitting longer, we're idling. waitlist, which started back in April CNN Business recently published an There's still wear and tear on our cars 2019, I think that will be relatively article about Uber’s (and Lyft) recent but we're not getting any rides…I take it short-lived as the word about increased push to recruit new drivers in order to as an insult. What about your drivers earnings combined with the pandemic meet surging demand as the pandemic that put themselves in jeopardy that you subsiding will get more drivers back on subsides. In certain markets driver paid nothing extra to during the pan- the road. My prediction is by the Fall, as earnings are bouncing back aggressively demic?” enhanced unemployment benefits go with reports of drivers from Phoenix to - Angela Davis, away, the driver waitlist will return Philadelphia earning above $25 per Phoenix-based driver along with the driver scheduler (perhaps hour and in some cases as high as $40 the scheduler will make an appearance per hour. (Note: these figures include Uber believes it’s inaccurate to por- in early 2022 vs. this year). tips and are before expenses so repre- tray the dynamic in that way and the ar- So, enjoy the driver shortage while it sent a gross wage vs. a net wage). A sim- ticle cites an official spokesperson who lasts, but we don’t think it will last long ple glance on several NYC focused notes that incentives sometimes vary given (1) for-hire vehicle supply is lim- Uber/Lyft Driver Facebook pages also based on location and other factors but ited now (i.e. TLC Plate cap), (2) the reveals that drivers here are being of- not tenure. In addition, the spokesper- minimum pay standard ensures ele- fered promotions, which was more com- son notes there are some earnings guar- vated wages and (3) the return of the mon when the apps were rapidly antees for new or returning drivers, driver scheduler (Lyft effectively has a growing from 2014 to 2018. meaning the company will "top off the similar mechanism to Uber) will convert One of the main themes of the article promised amount" if the driver doesn't the NYC market into one that consists is Uber / Lyft have historically used earn enough to meet the promised guar- mostly of full-time drivers who will stick driver incentives to lure people on their antee. with a platform for the longer term due platforms, temporarily inflate their to improved earnings visibility. earnings and then ultimately not care NYC Dynamics What do you think? Have we got this about driver earnings when they no As is almost always the case, the wrong? longer have a driver shortage. This in NYC ridehailing market has different turn makes existing drivers, especially dynamics then the rest of the country Link to CNN article

The TLCMKT Newsletter is written by Dawood Mian, Founder & CEO of TLCMKT. He covers the NYC ridehailing industry and related news. Search TLCMKT for TLC cars, parts, service, accessories, reviews & more. Find great deals at TLCMKT.COM.

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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 MAY 2021 • TAXI & LIVERY TIMES • 19 FEATURE THE TLC IS AT IT AGAIN BY STEVEN J. SHANKER, ESQ. If a deadly pandemic, a massive downturn in originates from a bases that is not a Livery base. be equipped with an in-vehicle camera system and transportation on a scale never before seen, and Both the Livery Round Table and the ILDBF a trouble light. Those requirements are antiquated then getting hit by new Port Authority Permit fees believe that the proposed rule should be amended to as they were only relevant in an FHV industry that weren’t enough to deal with, the New York City Taxi mandate that each HVFHS become not only a mem- has long since evolved. & Limousine Commission (TLC) is at it again. When ber of the Black Car Fund, but also that they become It’s just another example of adding new rules I say “it,” I am referring to new and more regula- a member of the Livery Fund. This is the most logi- that make no sense, but not eliminating rules that tions. cal and prudent course of action for a HVFHS that have no applicability in today’s FHVC industry. The desire of the TLC to continuously add new plans on continuing to dispatch to a Livery driver. The third and final proposed rule amendment regulations seems to be without bounds. I will dis- Additionally, the Livery Round Table and the is to the Commission’s adjudications rules regarding cuss each one separately. ILDBF believe the proposed rule should be amended the conduct of summary suspension hearings for li- First, we have the TLC’s proposed rule that to permit a Livery vehicle to affiliate with a HVFHS. censees. seeks to classify High-Volume For-Hire Service This will not only solve the problem of the gap in The TLC recently promulgated rule changes (HVFHS) licenses as a type of base license to be reg- coverage but will also enable Livery drivers to ex- concerning the conduct of summary suspension ulated separately from Black Car base licenses. This pand their opportunities to obtain dispatches from hearings. The proposed rules further shorten the would supposedly eliminate the need for HVFHSs HVFHS bases. timeframe for reviewing summary suspensions to hold any separate or additional base licenses. I personally wrote to Chair Aloysee Heredia based upon pending criminal charges in accordance There are a few issues with this proposed rule Jarmoszuk and requested amendments to the pro- with a recent federal court decision, Nnebe v. Daus. and I must point them out because they don’t jump posed rule. I explained the reasoning and also The Nnebe plaintiffs were taxi drivers who filed off the page and slap you in the face. pointed out that the proposed amendment will in no a lawsuit under 42 U.S.C. Section 1983 (violation of As the Commission’s rules currently read, a way thwart the goals of the Commission as stated federal civil rights), alleging that their constitutional HVFHS is a Commission-licensed business that fa- in the TLCs “Statement of Basis and Purpose.” On rights were violated when their licenses were sus- cilitates or otherwise connects passengers to For- the other hand, not requiring an HVFHS to become pended following their arrests and they were not Hire Vehicles (FHVs) by prearrangement, including a member of the Livery Fund will create workers’ given meaningful post-suspension hearings to con- through one or more licensed FHV bases, using a compensation coverage issues for Livery drivers that sider whether their licenses should be reinstated. passenger-facing booking tool, and that dispatches can be easily avoided. That case went on appeal to the Second Circuit or facilitates the dispatching of 10,000 or more trips Mandating HVFHS bases to become members Court of Appeals, one level below the Supreme Court in the City per day. (See 35 RCNY 59D-03(d)). of the Livery Fund will not place any undue burden of the United States. The Second Circuit Court held Currently, a HVFHS must not dispatch any trip on the HVFHS and will in no way change the regu- that the TLC’s suspension procedures did not afford other than through a TLC-licensed FHV base. [See latory scheme which the Commission seeks to enacts plaintiffs adequate process because the drivers’ 35 RCNY 59D-09(b)]. Such a FHV base can be a via the proposed regulations. I hope that myself and property interests in their licenses was substantial, Black Car, Luxury Limousine or Livery base. Dr. Avik Kabessa, the Chair of the Board of Direc- the risk of erroneous deprivation was unacceptably Additionally, at the present time, a HVFHS tors of the Livery Fund, are given an audience and high, and defendants could institute a more mean- that is a Black Car or Luxury Limousine base must opportunity before the May 4, 2021 Commission ingful process at minimal financial and administra- become a member of the Black Car Fund. [See 35 hearing to discuss these very important issues with tive costs. RCNY 59B-12(b)(1)]. Similarly, a HVFHS that is a the Chair of the TLC. The new proposed rules provide that a driver Livery base must become a member of the Livery The second set of proposed rules pertains to trip whose license is summarily suspended may request Fund. data submission. a hearing before an administrative law judge (ALJ) Under proposed rule 35 RNCY 59D-20(e), a As we know, in 2014, the TLC approved rules of the New York City Office of Administrative Trials HVFHS shall not hold any For-Hire Base License that require FHV bases to submit trip records to the and Hearings (OATH). Following the hearing, the other than a High-Volume For-Hire Service License. TLC. The proposed rules establish new penalties for ALJ makes a recommendation to the TLC Chairper- Also, per proposed rule 35 RNCY 59A-03(b), a black the violations of a base in failing to submit trip son regarding continued suspension based on car may affiliate with a Black Car base or with a records in a timely fashion, failing to submit com- whether the driver’s continued licensure pending HVFHS. plete trip records and/or submitting faulty or inac- resolution of the criminal charges presents a public Surprisingly, nowhere in the proposed rules is curate trip data. The submission of trip records is safety risk. The Chairperson reviews the recommen- there a provision that permits a Livery Vehicle to af- important for keeping passengers safe by informing dation and makes a final decision regarding the dri- filiate with a HVFHS. The proposed rule offers no the TLC of the identity of the driver of a dispatched ver’s license suspension. reason or rationale for not permitting a Livery Ve- FHV, preventing driver fatigue and ensuring that The proposed rule provides for a quicker return hicle to affiliate with a HVFHS. Yet, there is no pro- those drivers dispatched by High-Volume For-Hire of a license for those drivers whose licensure during hibition placed upon a HVFHS from dispatching to Bases receive the minimum pay provided for in the the pendency of the criminal proceeding is not a Livery vehicle. The proposed rules can be found at TLC’s rules. deemed to be a direct and substantial threat to pub- this link: https://www1.nyc.gov/assets/tlc/down- While I support the continuation of the require- lic health or safety. The timeframe for an OATH loads/pdf/high-volume-base-classification-2021-05- ment to submit trip records, the TLC is merely in- ALJ to issue a recommendation following the hear- 04.pdf creasing the penalties without any proof that bases ing is reduced from 15 days to 10 days, and the time In practice today, when a HVFHS that is a Liv- are not already submitting their trip records in a for the TLC Chair to issue a final decision is reduced ery base (and member of the Livery Fund) dis- complete and timely basis. When a new rule in- from 7 days to 5 days. In accordance with Nnebe v. patches to a Livery vehicle, the Livery driver is creases fines for failure to comply, it is typically done Daus (U.S. District Court, SDNY, No. 06-cv- covered for workers’ compensation via the Livery for one of two reasons: Either because the rule is not 4991(RJS), December 31, 2020), the timeframes are Fund in the event the driver is involved in an acci- being followed and higher penalties will likely in- being compressed to ensure a speedier resolution of dent. However, for reasons we hope are a simple crease compliance or because the TLC is simply the hearing process, while still permitting sufficient oversight, under the proposed rule, a HVFHS is re- looking to expand the pool of money it receives from time for careful adjudication. quired to be a member of the Black Car Fund, but the occasional base that inadvertently fails to com- A hearing is set to be held on these proposed not a member of the Livery Fund. Furthermore, ply with the rule. When there is no evidence that rules on May 4, 2021 at 10:00 am via Zoom. I whole- under the proposed rule, allowing a HVFHS to dis- there is a problem with compliance with this rule or heartedly recommend that you sign up to speak or patch to a Livery vehicle while eliminating the need an explanation in the TLCs “Statement of Basis and that you watch the meeting so you can see the TLC for a HVFHS to be a member of the Livery Fund, Purpose” as to why the penalty should be increased, in action (or inaction), while they try to justify their means there would be no workers’ compensation then it appears to be solely a money grab and not a proposed rules and how they react to the comments coverage for a Livery driver via the Livery Fund. means of encouraging compliance. and opinions of all stakeholders in the industry. The Each Livery driver will be left to the mercy of At this point in time, when travel is still drasti- time is now to get involved, to speak up and speak the Black Car Fund in their interpretation of the Ex- cally down and there is no proof of a lack of compli- out. ecutive Law that created the Black Car Fund in the ance, I am astonished that the TLC finds this to be event a Livery driver is involved in an accident. This an issue that must be addressed right now. is true because the Black Car Fund law does not On the other hand, the TLC seems to never find Steven J. Shanker, Esq. is General mandate providing workers’ compensation coverage the time to change their rules to omit the portions Counsel to the Livery Roundtable, to Livery drivers; and the Livery Fund does not pro- that are completely outdated in today’s FHV indus- Inc. and the New York Independent vide coverage to a FHV driver when the dispatch try, such as the requirement for Livery vehicles to Livery Driver Benefit Fund. 20 • TAXI & LIVERY TIMES • MAY 2021 IATR OUTLOOK ASSESSING POST-PANDEMIC OPTIONS

FOR YOUR TRANSPORTATION COMPANY: BY MATTHEW W. DAUS, ESQ. Should I Borrow, Buy, Sell, Merge, File or Retire? Since the onset of the pandemic-related legislation included an additional $7 bil- ceipts of $30,000 in the second quarter of shutdowns in March 2020, the transporta- lion in PPP funding. 2020, has experienced a revenue reduction tion industry has been decimated. This is The original CARES Act – enacted on of 40% between the quarters, and is there- especially true for the executive sedan and March 27, 2020 – created and funded the fore eligible for a Second Draw PPP loan limousine companies that rely on corpo- original PPP, which provided companies, (assuming all other eligibility criteria are rate travel and related contracts with air- sole proprietors, and independent contrac- met). lines and hotels. By January 2021, tors with SBA-backed loans to be used to PPP borrowers can have their first- ridership for the executive sedan (black retain employees and pay certain non-pay- draw and second-draw loans completely cars) and limousine sectors were down by roll costs. The PPP loans may be 100% for- forgiven if the funds are used for the fol- 53% and 75%, respectively, compared to givable based on the use of the loan lowing eligible costs: payroll, rent, covered the same month one year earlier, in com- proceeds. According to SBA data, the mortgage interest, utilities, covered parison to ride-hailing services which saw Transportation & Warehousing sector re- worker protection and facility modification a decline of 42% over the same period. ceived 229,565 loans (3.34% of all PPP expenditures, covered property damage At the outset of the pandemic, the busi- loans), totaling $17,522,942,736, as of Au- costs, covered payments to suppliers, pay- ness world expected, and certainly hoped, gust 8, 2020, when the first round of the ments for business software or cloud com- that Q4 of 2020 would bring about a grad- PPP loan program expired. puting services that facilitate business ual return for business. Instead, the resur- The SBA and U.S. Treasury Depart- operations, product or service delivery, and gence of COVID-19 resulted in the ment released loan application forms for numerous back-office functions. To be eli- continuation of travel restrictions, the ces- the rebooted PPP loans on January 8, gible for full loan forgiveness, PPP borrow- sation of in-person instruction in many 2021. The PPP loan program re-opened on ers must spend no less than 60% of the schools, and the scaling back of business January 11, 2021, for participating com- PPP loan funds on payroll over a covered operations, especially for restaurants and munity financial institutions (CFIs) that period of their choice between 8 and 24 hotels. Even with the expectation that we serve minority-owned and women-owned weeks. Transportation companies should will see the various COVID-19 vaccines ad- businesses to begin submitting PPP loan be aware that the U.S. Internal Revenue ministered to essential workers and all applications for “First Draw” PPP loan Service (IRS) will allow businesses that willing persons 16 years of age or older in borrowers. On January 13, 2021, the “Sec- had their PPP loans forgiven to write off the first half of 2021, the recovery to pre- ond Draw” PPP began. In its guidance, the expenses paid for with that money – after pandemic levels of business will likely not SBA indicated that the PPP would open to Congress reversed the prior IRS policy in take place for some time. As a result, lim- all lenders a few days after the opening for the recent legislation. As of this writing, ousine, bus and other transportation com- CFIs, and fully re-opened the PPP loan May 31, 2021, is the last day to apply for pany leaders continue to adjust their portal on Tuesday, January 19, 2021 to all either a First Draw or Second Draw PPP business plans to reflect that the recovery participating lenders. loan. will be slow – and painful. If your transportation company is con- In addition to the PPP loans, the SBA In this article, I will explore the options sidering a PPP loan, first-time and second- has other loan programs that might be that companies have for financing under time PPP borrowers may receive a loan more generous than traditional business the most recent COVID-19 relief package amount of up to 2.5 times their average financing. On December 30, 2020, the SBA and also discuss steps to prepare for merg- monthly payroll costs (with a cap per em- announced it has extended the deadline to ers and acquisitions, as well as bankruptcy ployee of $100,000 on an annualized basis) apply for the Economic Injury Disaster filings and options. Now could be the time in 2019, 2020, or the year prior to the loan. Loan (EIDL) program for the COVID-19 to assess the past, present, and future, to The maximum loan amount is $10 million pandemic disaster declaration to Decem- tighten operations, develop strategic part- for First Draw PPP loan borrowers, and $2 ber 31, 2021 (pending the availability of nerships and new business lines, engage million for Second Draw PPP loan borrow- funds). These SBA loans provide working in joint ventures to consolidate or out- ers. capital funds to small businesses. These source operations, and possibly contem- Existing PPP borrowers that did not loans are offered at a fixed 3.75% interest plate retirement or passing the torch to receive loan forgiveness by December 27, rate for small businesses, with a nego- others. 2020, may: (1) reapply for a First Draw tiable term of up to 30 years, and an auto- PPP Loan if they previously returned some matic deferment of one year before COVID-19 Assistance Grants & Loans or all of their First Draw PPP Loan funds; monthly payments begin. As of December On December 27, 2020, the Economic or (2) under certain circumstances, request 30, 2020, the SBA reported that it had al- Aid to Hard-Hit Small Businesses, Non- to modify their First Draw PPP Loan ready approved $197 billion in these low- profits and Venues Act (the “Economic Aid amount if they previously did not accept interest loans. Act”) was signed into law, with several up- the full amount for which they are eligible. For transportation companies, the dates to the loan programs offered by the A borrower is generally eligible for a Sec- EIDL program offers an advance/grant of U.S. Small Business Administration ond Draw PPP Loan if the borrower: (a) $1,000 per employee, for a maximum of (SBA). First among these for consideration previously received a First Draw PPP $10,000. Prior to the passage of the Eco- by transportation company operators Loan and will or has used the full amount nomic Aid Act, the EIDL grant amount would be the Paycheck Protection Program only for authorized uses; (b) has no more would be deducted from any PPP loan for- (PPP) loans that were funded with $284 than 300 employees; and (c) can demon- giveness amount for that business. How- billion, and with significant updates and strate at least a 25% reduction in gross re- ever, the recent legislation reversed that enhancements in the Economic Aid Act. ceipts between comparable quarters in provision, and any EIDL grant amount On March 11, 2021, the American Rescue 2019 and 2020. For example, a limousine will not be factored into any PPP loan for- Plan Act of 2021 – a $1.9 trillion relief company with gross receipts of $50,000 in giveness calculation. package – was signed into law, and that the second quarter of 2019 and gross re- Provisions in the Economic Aid Act MAY 2021 • TAXI & LIVERY TIMES • 21 now allow businesses up to eight months business development. The solution may ranties and liability risks? of principal and interest payments for- instead come from strategic transactions • Does the target company have leases, given for Section 7(a) and 504 Microloans such as selling the company, buying an- software licenses, or other vendor con- from the SBA. A Section 7(a) loan, which other company synergistic with the exist- tracts that it depends on for its key as- is received through an SBA lender, is a ing business, seeking an equity sets, systems, and rights? Do the loan that can be used for working capital, investment, or even entering into a joint contracts convey the ownership and equipment, inventory, and business acqui- venture. With so many companies in dis- rights that the company purports to sitions. Businesses may borrow up to $5 tress and a reduction in the overall mar- have? million at fixed or variable interest rates, ket, the pace for mergers and acquisitions • Have employees signed contracts as- as long as they have fewer than 500 em- will naturally quicken. signing their business intellectual ployees and less than $7.5 million in aver- Having handled many transportation property rights or agreeing to confi- age annual receipts. The borrower will company deals over the years as counsel dentiality, non-solicitation, and/or have to be a for-profit business based in for buyers, sellers and investors in merg- non-competition covenants? the United States and not be delinquent on ers, acquisitions, joint ventures and invest- • Has the company acquired other busi- any debt owed to the government. Depend- ments, we have seen how complex and nesses or entered into joint ventures? ing on how the business intends to use the time consuming such transactions and the What were the key terms? funds, the loans will have a term from 7 to related “due diligence” process can be – • When will these contracts expire? Can 25 years. Additionally, the Economic Aid even for transactions with smaller dollar they be terminated voluntarily and/or Act temporarily reduces or eliminates cer- values. Clients often prepare simple term for cause? tain loan fees for the borrower. sheets for such transactions with the ex- • Do the contracts have restrictions on The SBA’s 504 Microloan program is pectation that it will be easy to quickly assignments, changes in control or geared more toward economic develop- complete the deal. Unfortunately, that is other transactions that would be trig- ment and job creation. It is available to often not a realistic expectation. gered by the contemplated sale trans- purchase commercial real estate, existing The most frequent source of delay is action? buildings, and equipment that will help a the seller’s failure to prepare the target business grow. These loans also have a $5 company for sale in advance and deal with Checklist for review of target com- million limit and have similar require- risks, liabilities, and other matters of con- pany’s records ments to a Section 7(a) loan. However, in- cern to buyers and investors, such as is- The buyer or investor and its legal terest rates for these loans are fixed, and sues with stock ownership, permits and counsel also customarily undertake other the loans have a term from 10 to 20 years licenses, intellectual property rights, tax legal and operational due diligence, re- depending on the nature of the loan. The matters, debts and guarantees, or pending viewing the target company’s books and Economic Aid Act temporarily eliminates lawsuits. When these matters are first records to identify issues, such as: the 504 Microloan fees. identified in the course of the buyer’s or in- • Are the company’s organizational doc- A business with an existing SBA Sec- vestor’s due diligence investigation and uments (articles of incorporation, by- tion 7(a) or 504 Microloan could receive up raised in the middle of negotiating a trans- laws, operating agreements, board to eight months of forgiveness of principal action, that often results in extensive de- meeting minutes, stock records, etc.) and interest payments, all capped at lays, causes the deal to lose momentum, complete? $9,000 per month. If a business applies for and sometimes even kills the deal. • Have employee stock options and other a new SBA Section 7(a) or 504 Microloan, equity grants complied with tax laws, and is approved before September 20, Due Diligence and including requirements for deferred 2021, then, the first six months of princi- Disclosure Schedules compensation (e.g., IRC Section pal and interest (up to $9,000 per month) Due diligence is an important aspect in 409(A)), incentive stock option status, is also forgiven. Those with an existing any transaction and is an extensive qualified profits interests, and Section PPP loan may apply for a Section 7(a) loan process undertaken in order to thoroughly 83(b) elections? or a 504 Microloan. and completely assess the target com- • Is the business in good standing and Given the full or partial forgiveness pany’s business, assets, liabilities, capabil- up to date on its taxes and state fil- available from the Economic Aid Act, and ities, and financial performance. Part of ings? the low interest rates and flexibility with this will be business and financial due dili- • Does the target company have ade- terms (except for the PPP loans), trans- gence, in which the buyer will review the quate insurance coverage? portation companies may wish to seek one target company’s financial statements, ac- • Are there complete employee files, in- or more of these SBA-backed loans as part counts receivable and accounts payable, cluding as to employment eligibility of your 2021 financial planning. Our law and other books and records to determine status? What are employees’ salaries, firm has already worked with many trans- issues such as: bonuses, commissions, and benefits? portation clients on these SBA-backed • Does the business have healthy cash • Is there an employee handbook? What loans, and this relief has helped to stave flow? are the company’s employee policies? off layoffs and pay non-personnel costs • Where are the sources for the revenue • Are any employees inaccurately char- through the COVID-19 relief programs. stream? acterized as independent contractors Given the dire circumstances faced by • How is the target company calculating or as exempt employees under the Fair many small companies, we even offered its revenues and earnings? Should Labor Standards Act? pro bono (free advice) to many mobility there be adjustments? • Does the target company have any em- companies and even their drivers during • How reliable are the target company’s ployee benefit plans or retirement these difficult times. What is important financial projections? plans? though, is to think about when the money • What are the target company’s liabili- • Does the target company have any reg- runs out – and to start thinking of and im- ties? Are there any hidden liabilities? istered or unregistered intellectual plementing a game plan for re-opening and property (e.g., trademarks or patents)? the potential business environment in the Checklist for legal review of target What is the status of any applications new post-pandemic normal. There are company contracts or registrations for such intellectual many options, some of which are discussed The buyer or investor will have its property? in the remainder of this article. legal counsel review and prepare a sum- • Does the company have any pending or mary report of the target company’s con- threatened litigation? Should I Buy or Sell? – Either Way, tracts to answer questions, such as: • Does the company have any environ- Get Your Shop in Order! • Does the target company have key cus- mental hazards or violations? Even with these SBA-backed loans tomer or business partner contracts available to transportation companies, that account for significant portions of The buyer or investor will also need to such loans often function as stopgap meas- its revenue stream? Do these contracts review and understand any permits or ures as the pandemic affects revenues and reasonably limit the company’s war- business licenses that are required for the

Continued on page 22 22 • TAXI & LIVERY TIMES • MAY 2021

Continued from page 21 target company to operate and the status will remain the sole responsibility of the tations at the onset of the process, so as to of those licenses. This includes operating seller. Negotiating the indemnification ensure that the transaction is structured licenses with federal, state, and local li- provisions regarding the above-referred li- in a tax-efficient manner to you. censing agencies. Even if the licenses are abilities will be critical to protecting each in good standing, are they transferrable? party’s expectations. Valuation Assuming they are transferrable, what is Although asset purchase structures From our experience, when determin- the process for regulatory approval to as- will generally limit the liabilities assumed ing a price for the sale of a business, it is sume a license as the new owner? Also, are by the buyer, there are various exceptions important to have an accurate and de- there any other necessary governmental or to this, such as environmental and pension tailed basis for valuing the target com- agency approvals required in order to liabilities, as well as liability imposed pany, informed by financial due diligence. transfer the business (including federal under legal doctrines of successor liability. There are different methodologies for con- antitrust filings under the Hart Scott In some cases, an asset purchase transac- ducting a valuation. The method chosen Rodino Antitrust Improvements Act of tion is not a viable deal structure, often will depend on the information at your dis- 1976)? due to regulatory or contractual con- posal, as well as the nature of the business The buyer or investor and its tax advi- straints. Such transactions are more com- and the industry. Some common valuation sors will also want to assess the tax status plex and may take more time to close, methodologies include the following: of the target company by reviewing its fed- particularly if the target company has nu- • Asset-based methods start with the eral, state, local, foreign, and other tax re- merous contracts that cannot be assigned “book value: of a company’s equity. turns and records. For example, has the without the counterparty’s prior written The liquidation value is the net cash target company timely filed all tax returns consent (a common contractual term). that a business would generate if all of and paid all taxes due (including all in- Sellers generally prefer that the trans- its liabilities were paid off and its as- come taxes, capital gains taxes, sales and action be structured as a stock or member- sets were liquidated today. This “liqui- use taxes, transfer taxes, franchise taxes, ship interest purchase, which is simpler. dation” value is more of a baseline, as payroll taxes, etc.)? Has it been filing re- However, these structures do not enable a it does not account for growth poten- turns and paying taxes in all jurisdictions buyer to exclude any liabilities of the ac- tial or future cash flows. where it is legally required to file? Has it quired business, and so it will be even • Discounted cash flow analysis uses claimed deductions that it was not entitled more important to the buyer to determine the inflation-adjusted future cash to under tax laws? Has it properly with- and understand the liabilities of the target flows to project a value for the busi- held payroll taxes from employees? Has it company. Stock or membership interest ness. This valuation methodology is improperly characterized any employees purchases require all equityholders to sign most suited to established and cash- as independent contractors? the purchase agreement, which may be dif- generative companies with long-term Even if the buyer or investor does not ficult or impractical for companies with a business prospects. conduct careful due diligence on these large number of equityholders or recalci- • Valuations based upon multiples of matters, the definitive acquisition agree- trant equityholders. In such cases, a revenue are arguably the simplest. It ment will typically have a robust set of merger structure may be preferable, as it is a popular quick-form method to ex- representations and warranties that will only requires the transaction agreement to peditiously value a company and can require the seller and its legal counsel to be signed by the target company and then be a useful metric when comparing carefully review these materials and pre- the sale to be approved by a majority of the companies with different profit levels pare schedules that set forth various lists, board of directors (or similar governing but similar characteristics in terms of summaries and disclosures regarding body) and a majority equityholder vote, margins, products, markets, and com- these and other matters. Accordingly, any subject to any special approval rights set petition. problems will come to the attention of the forth in the target company’s governing • Valuations based upon multiples of buyer or investor sooner or later. When documents. A merger effectively forces a EBITDA, a measure of the financial they do, that can cause delays, bring nego- sale by all equityholders, but it may leave performance of a company, are also tiations to a halt, and sometimes even kill dissenting minority holders with “ap- very popular. This enables the compar- deals. praisal rights” that allow them to chal- ison of earnings of similar companies Accordingly, if you are looking to sell lenge in court the value paid in the while excluding any distortions that your company or seek investors in the near merger, and perhaps receive some other result from interest, taxation, depreci- future, your business should be reviewed amount. Merger structures also add some ation, or amortization. by and discussed with legal counsel now, complexities to the deal documents, and • If only a portion of the target company with an eye towards identifying and re- the requisite equityholder vote may re- is to be sold, discounts may also apply solving or mitigating weaknesses and risks quire advance notice and complex deal for lack of control (if a minority inter- where possible. This will help maximize summary and disclosure materials. est is sold) and/or for lack of mar- company value, as well as the likelihood of Furthermore, when structuring a sale ketability (reflecting the difference in closing any future deal that you may se- transaction it will be important to mini- liquidity between closely held securi- cure with a buyer or investor. mize taxes to the maximum extent possi- ties and publicly traded securities). ble. While asset purchase transactions can Transaction Structure – Asset & Stock provide certain tax benefits for buyers, A combination of these or a variety of Purchases & Tax Implications they may carry adverse tax implications other valuation methodologies may ulti- The information discovered in the due for sellers, particularly if the target com- mately be used to settle on the price for the diligence process will also help to structure pany is a corporation (in which case there target company. These methodologies are a sale transaction, such as an asset pur- may be two layers of taxation – one paid of course only a starting point. Sophisti- chase, stock purchase, or merger. by the target company and a second paid cated buyers will also take into account Asset purchase deals can be structured by its stockholders). A stock or member- other value considerations, including non- so that the buyer only acquires the target ship interest purchase has only one layer recurring revenue and expenses; market company’s assets and not most or all of its of tax, and it is generally more tax favor- size, competitive landscape, and barriers liabilities. This structure is generally pre- able to the seller. The tax allocation of the to entry; competitive advantages from pro- ferred by buyers, and it is especially desir- purchase price is also an important analy- prietary technology, intellectual property able to them when there are unusual or sis in any transaction, and it may provide rights, or strong brand recognition and loy- concerning liabilities identified in due dili- certain tax benefits. alty; businesses scalability costs; customer gence. In asset purchase deals, an impor- By evaluating the various structuring concentration risks, payment history, and tant part of the deal structure and alternatives available before undertaking satisfaction; contractual restrictions on the negotiation will be determining which, if a formal agreement and identifying your business; and debt and other liabilities. any, of the target company’s liabilities will preferred structure, you can increase the Finally, the results of the legal due dili- be assumed by the purchaser and which chances of setting the other party’s expec- gence described above will help identify MAY 2021 • TAXI & LIVERY TIMES • 23 weaknesses, may significantly increase the charged with collecting and reducing to Chapter 11. Highlights of some of the key risks of the business, and may diminish money the property of the debtor’s estate benefits are below: the value to a prospective buyer. It is im- and closing such estate as expeditiously as portant to have skilled professionals guide is compatible with the best interests of the The Automatic Stay: Debtors file for the acquiring company through the valua- parties in interest. Where the debtor is a bankruptcy protection for myriad reasons, tion process and address pitfalls with as- business entity, the trustee may seek au- but a principal reason is that the filing pro- sessing the value of the target company. thorization of the Bankruptcy Court to vides the debtor with immediate protection temporarily operate the debtor’s business from a wide variety of collection efforts to Some Final Thoughts if it would be in the best interest of the es- collect on debts that arose before the bank- on M&A Due Diligence tate. ruptcy petition was filed. Pursuant to Sec- Right now, it is very difficult for a com- tion 362 of the Bankruptcy Code, the filing pany in the transportation sector given the Reorganization - Chapter 11 of the of a Chapter 7 or Chapter 11 bankruptcy impending uncertainty of when and to Bankruptcy Code. The purpose of Chap- petition (as well as petitions under certain what extent business travel and other ter 11 is to permit the debtor to continue other chapters of the Bankruptcy Code) op- forms of mobility may return and whether to operate while it reorganizes its business erates as a stay, applicable to all entities, there will be modal shifts affecting the and capital structure pursuant to a court- of a wide range of acts to collect on debts long-term viability of a company. With approved plan of reorganization. The that arose before the bankruptcy petition such uncertainties, not only is it difficult Chapter 11 debtor is known as a “debtor in was filed. The automatic stay is intended to develop a proper valuation for a trans- possession” because, unlike in a Chapter 7 to provide a debtor with a breathing spell portation business as a whole, but even the case, the debtor remains in possession of during its bankruptcy case. If a creditor vi- individual component assets of a company the estate assets. Chapter 11 can also be olates the automatic stay, a bankruptcy – such as real estate, vehicles as well as in- used when management seeks to conduct court may hold the creditor in contempt of tellectual property – may be difficult to an orderly liquidation of the debtor’s busi- court and award the debtor compensatory value given the pandemic. ness, including a sale of substantially all damages. In addition, where the violation So how can a company even think of the debtor’s assets under a Chapter 11 is willful, the bankruptcy court may award about buying, selling, merging, or engag- plan or a sale outside of a plan pursuant punitive damages. ing in a joint venture? Rather than think- to section 363 of the Bankruptcy Code, be- ing about that end game, now is a good cause it avoids the appointment of a panel Sale-Related Provisions of Chapter time to begin the process of identifying and trustee and the “fire sale” climate. 11: Although a debtor is authorized to op- cleaning up risks, issues, and problems Whether used for a reorganization or a liq- erate its business, it may not sell, use, or that would come up in a due diligence ex- uidation, Chapter 11 is a valuable tool that lease property of the estate outside of the ercise, so as to ensure that the business is allows a debtor to preserve its business ordinary course of business without court appealing to prospective buyers and its and thereby maximize value for all credi- approval. A sale of assets outside the ordi- value is maximized. tors. A highlight of some of the key provi- nary course of business, including a sale of You may also want to consider taking sions of Chapter 11 is below. substantially all of a debtor’s assets, may measures to consolidate operations and po- be approved as part of a Chapter 11 plan tentially outsource responsibilities and Procedural Overview of Chapter 11 under Section 1123 of the Bankruptcy functions. Although it is difficult to go Proceedings. The goal of a Chapter 11 Code or prior to a plan under Section 363 down that road if your company has ac- case is the consensual confirmation of a of the Bankruptcy Code. When assets are cepted PPP funds and is required to bring plan of reorganization or plan of liquida- sold in bankruptcy, the assets are typically back employees, that should not stop you tion. As discussed in further detail below, sold free and clear of all liens, claims, and from thinking about making changes once Chapter 11 plans must satisfy the require- interests with any liens and interests at- those obligations end. Anything that can ments of the Bankruptcy Code to be ap- taching to the proceeds of the sale with the be done now to make the balance sheet proved or “confirmed.” After the plan is same priority they had at the time of the look better will help your ability to stay in confirmed, the debtor is required to make sale. business, as well as your company value. plan payments or distributions and is bound by the plan’s provisions. The con- Advantages of Effectuating a Sale Should My Company File for Bank- firmed plan creates new contractual rights through Chapter 11: There are a number ruptcy? If So, When & What Type? and can create, replace, or supersede pre- of key advantages to effectuating a sale There are two primary types of busi- bankruptcy contractual rights. Both pre- through a Chapter 11 bankruptcy process. ness bankruptcy cases, Chapter 7 and petition and post-petition creditor claims In fact, many savvy buyers often require Chapter 11. Below is a brief overview of are satisfied as set forth in the plan. Upon that a sale be effectuated through a Chap- Chapter 7 and Chapter 11. consummation of the plan, the debtor re- ter 11 bankruptcy process to take advan- ceives a discharge of any debt that arose tage of these benefits. The most notable of Liquidation – Chapter 7 of the before the date of confirmation. However, these benefits include: Bankruptcy Code. Chapter 7 of the confirmation of a Chapter 11 plan does not • A reduced risk of later challenges, in- Bankruptcy Code provides for the orderly discharge the debtor if the plan is a liqui- cluding a fraudulent conveyance. and equitable liquidation and distribution dation plan. • This form of sales is favored by direc- of non-exempt assets of the debtor. In ex- Under Chapter 11, the debtor is au- tors who have no financial stake in the change, an “individual” debtor will receive thorized to and generally continues to op- game. a discharge. Corporations and partner- erate the business in the ordinary course • Assets can generally be sold free and ships, which are not individuals under the without bankruptcy court approval. Pur- clear of liens, claims and encum- Bankruptcy Code, do not receive dis- suant to Section 1104 of the Bankruptcy brances (including successor liability charges under Chapter 7. Instead, the cor- Code, on the request of a party in interest, claims) and over objections by share- porate shell is left with debts, but no the court shall appoint a Chapter 11 holders and creditors. assets. A corporation seeking a discharge trustee for cause, including fraud, dishon- • Executory contracts in default can be must file Chapter 11 and confirm a Chap- esty, incompetence, or gross mismanage- cured, assumed, and assigned, even if ter 11 plan. ment, either before or after the bankruptcy the contract provides otherwise (there At the commencement of a Chapter 7 filing, or where appointment of a trustee are some exceptions, such as certain case, a “panel” trustee is appointed by the is in the best interest of the parties in in- intellectual property contracts). Office of the United States Trustee (the terest. Generally, courts will not appoint a • Executory contracts can be rejected, “U.S. Trustee”) to serve as Chapter 7 Chapter 11 trustee absent a showing of which gives Purchasers the ability to trustee of the debtor’s bankruptcy estate. fraud or gross mismanagement. “cherry-pick” which contracts they Pursuant to Section 704 of the Bankruptcy want to acquire. Code, the Chapter 7 trustee takes over full Key Benefits of Chapter 11. There • Avoidance of transfer taxes if sold control of the debtor’s assets and is are a number of significant benefits to through a plan, which can be a signif- Continued on page 24 24 • TAXI & LIVERY TIMES • MAY 2021 Continued from page 23

icant benefit, especially where real es- with significant administrative claims. Last year, when the PPP loan deadline tate is involved. • There also may be a greater ability to was extended to August 8, 2020, the trans- pay contract and lease cure costs over portation sector had some early help avail- Small Business Debtors - Subchap- time in connection with a contract and able in the pandemic. Even so, with the ter 5 of Chapter 11 of the Bankruptcy lease assumption. diminished revenues continuing into 2021, Code. Special rules also apply with respect we have seen some companies already to small business debtors. As of February Procedural Benefits: There are also shut operations or file for bankruptcy. The 20, 2020, newly-enacted subchapter 5 of several procedural differences/benefits of new funding for PPP loans (including the Chapter 11 became effective. Subchapter Subchapter 5 over traditional Chapter 11, availability of a second draw), and the en- 5 modifies certain longstanding provisions including: hancements to the other SBA loan pro- of Chapter 11 with respect to certain small • There is no obligation to file a separate grams discussed above, can provide business bankruptcy cases. The recently- disclosure statement in connection transportation companies some needed fi- enacted rules applicable to small business with the Chapter 11 plan, which saves nancial assistance. This may allow trans- debtors are very favorable to a debtor and time and costs. portation companies to – at least debtors will try to find ways for the small • The debtor retains exclusive ability to temporarily – meet payroll and other costs business bankruptcy rules to be made ap- file and confirm a Chapter 11 plan and to postpone any decision regarding a total plicable to them. Subchapter 5 of Chapter creditors have no ability to strip the closure or a bankruptcy filing. However, 11 currently applies to debtors with aggre- debtor of that right. In a traditional these are only stopgap measures and gate non-contingent liquidated secured Chapter 11, the debtor retains the ex- everyone must be thinking several steps and unsecured debts not more than a spec- clusive right to file a plan for only a ahead right now. If there is no comeback ified threshold. Until March 27, 2020, the limited timeframe and other parties before the end of 2021, and if your business threshold was approximately $2.7 million can attempt to shorten that time- is not primed for buying, selling, or other (excluding debts owed to insiders and af- frame. options, it may be too late to start the filiates). However, on March 27, 2020, the • The trustee is accountable for all prop- process and your options will be limited. CARES Act went into effect, which in- erty received, will examine proofs of As an alternative, and based upon the creased the threshold to $7.5 million. This claim, controls plan distributions if above, transportation companies may increased threshold for the amount of debt nonconsensual plan, and has a fee want to consider the merits of a merger/ac- to qualify for Subchapter 5 was scheduled equal to 5% of receipts. quisition or sale, given that no one is able to revert back to $2.7 million; however, the • Unsecured creditors’ committees will to adequately predict the market in the COVID-19 Bankruptcy Relief Extension be very rare in Subchapter 5 cases. near-term. Even with a comprehensive Act of 2021 was enacted on March 27, 2021 The committee can result in consider- vaccination program, work-travel habits and extended for one year. Therefore, eli- able cost savings given that a debtor may be altered for some time. So, the idea gible financially distressed businesses typically pays for all of the fees and ex- of adjusting business plans to account for should give serious consideration to taking penses of the Committee’s profession- the “new normal” should already be under- advantage of the new law before the pro- als, including attorneys and financial way. Many companies have already ar- gram reverts back to the significantly- advisors. rived at that fork in the road. They should lower threshold in March 2022. take it – after applying for the PPP loans Strategic Advantages: For Subchap- and other assistance – to travel the road Differences/Benefits of Subchapter ter 5 cases there are numerous strategic into 2021, 2022, and beyond. 5 over traditional Chapter 11: Subchap- considerations for a transportation com- If your company is not involved in net- ter 5 of Chapter 11 provides numerous ad- pany-debtor, including: working with others and you feel like you vantages when compared to a traditional • The ability to pay down debt prior to a are on an island – especially with many Chapter 11 bankruptcy filing, including filing to become eligible for subchapter trade conferences not being able to be held the following: 5. in person this past year – you are NOT • The trustee will typically appoint a • The transportation company-debtor alone! Our firm represents large, small, small business trustee, and there will may spin off certain assets/liabilities and middle market mobility companies be no creditors’ committee – which is into a separate legal entity in order to that are interested in buying, selling, more direct and avoids the costs of a make one or both entities eligible for merging, and engaging in partnerships creditors’ committee. subchapter 5. with others in light of the new post-pan- • In most cases, under Subchapter 5, the • There is a greater opportunity to pro- demic economy. We keep a confidential in- debtor transportation company will pose a sale of all assets to a favored ventory of clients and other contacts in the continue to manage the business oper- party without a bidding process or industry – which includes whether the ations. creditor consent. Traditional Chapter company is interested in buying or selling, • In a Subchapter 5 case, the “absolute 11 limits the ability of a debtor to do and what the parameters are – so that we priority rule” does not apply, which so under a chapter 11 plan because (i) can serve as matchmaker. Non-disclosure- generally requires that creditors be creditors can seek to terminate plan agreements (NDAs) are typically issued, paid in the order of their priority. In- exclusivity and submit a completing and given the extensive contacts we have stead, Subchapter 5 allows equity plan, and (ii) at least one impaired around the country and the world, your holders to retain their equity even if creditor class must approve the plan deal could be waiting right here. There is unsecured creditors have not been even when it is a “cram down” plan. no obligation to commit to anything, and paid in full. all inquiries or expressions of interest will • There is no obligation to use excess Given the numerous substantive, pro- remain confidential. Just pick-up the post-bankruptcy petition income for 3- cedural and strategic benefits that a Sub- phone, send an email, and help and oppor- 5 years to fund plan payments to cred- chapter 5 bankruptcy case provides when tunity is on the way. itors if fully consensual. compared to a tradition Chapter 11 case, • There is no obligation to employ and transportation operators that are facing Professor Matthew W. Daus, Esq. is President, pay fees of Subchapter 5 trustee to insurmountable debts may want to con- International Association of Transportation Reg- make plan payments if fully consen- sider the Subchapter 5 option now since ulators (http://iatr.global/); Transportation sual. the more generous provisions that increase Technology Chair, City University of New York, • Administrative Claims can be paid the debt limit to $7.5 million will expire – Transportation Research Center at The City Col- over time, rather than all at once upon absent action by the Biden administration lege of New York (http://www.utrc2.org/); and Partner and Chairman, Windels Marx Trans- plan confirmation, as is the case in a and Congress – on March 27, 2022. portation Practice Group traditional chapter 11 case. This (http://windelsmarx.com). He can be reached at change will be of particular benefit to What Do I Do Next? [email protected] or 212.237.1106. any transportation company-debtor Join the Opportunity Registry MAY 2021 • TAXI & LIVERY TIMES • 25

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BY BERTRAM MERLING • LOSS CONTROL COORDINATOR, HEREFORD INSURANCE COMPANY

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

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

“LIKE” TAXI & LIVERY TIMES FOR BREAKING NEWS STORIES MAY 2021 • TAXI & LIVERY TIMES • 27 THE FISHBOWL

BY LARRY FISHER TURF BATTLE This is part V of a series that appears exclusively in Taxi & Livery Times. As September came toward a close, the Their questions were somewhat pedestrian The agents also questioned us regarding credit union was issued an information sub- in both depth and breadth, and were basically what we knew about one of the taxi brokers in poena by the FBI. An agent was assigned the a reiteration of the information I had given the the business who received $250,000 from Mr. case, and a week after the subpoena was issued, hotline. The interview took a half-hour and they Najran. The broker was Pakistani, but always the agent came in person to collect the material. went on their way. appeared to be just a normal businessman, and The material consisted mainly of transactions About a week later, the credit union re- never seemed to have a political axe to grind. A performed by Mr. Najran, loan documents, and ceived an information subpoena from the US friendly relationship, we had with him. And, he miscellaneous data. The agent interviewed the Department of Treasury requesting the same was running Mr. Najran’s medallions as a lease in-house attorney, Charles D. Valvano, for information the FBI inquired about only agent. That transaction could be innocent, but about an hour, confirming the same basic infor- months prior. That seemed weird, considering who knows in this subculture of international mation that I had given the lady on the phone they had come to my house in tandem. intrigue. only two weeks prior. Then, about two weeks later, The US Attor- As the agents were preparing to leave, I This certainly was not the first time the ney’s Office, a third jurisdiction, requested an asked a couple more questions. I asked what credit union received an information subpoena, information subpoena for the same stuff as the kind of charges Mr. Najran could possibly face, so as a matter of course, there was a routine as- other two prior subpoenas. or would he end up like Al Capone and go to pect to the interview. Usually, crime investiga- It was becoming clear that the government prison on tax evasion charges instead of mur- tions, divorce cases, and money laundering didn’t know what they were doing. They were der, espionage, or racketeering. The agents an- were the causal events triggering these subpoe- duplicating efforts to get to the bottom of their swered that it was likely that tax charges would nas. Never had we been issued a subpoena on tips, that one hand didn’t know what the other be pursued and sometimes it is the only avenue a matter of urgent national security or terror- hand was doing. A real dysfunctional family. in which a conviction can be gained. ism, however. In January, Charles D Valvano, who was Then I asked one final question: “How are The FBI agent collected his data and went acting as the point man for all the requests for we going to know what happens in this case?” on his way, saying that if he needed anything the different jurisdictional requests, received a The agent thought carefully about his an- else, he would call or return. We heard nothing follow-up phone call from the FBI agent who swer and then responded, “Keep an eye on your for weeks. It was as if the case of Mr. Najran first contacted us in September. The FBI agent newspaper, or tv… that’s the best I can tell ya.” was a dead end. said he needed additional documents, maybe We shook hands, and for months heard On November 11, Veterans Day, there was going further back in time from his original re- nothing. a horrible plane crash in the Rockaways, a quest. Valvano told him that would not be a At the end of the workday, as I was return- neighborhood near JFK airport. Many people problem other than that our computer systems ing home on my 45-minute trek, I started think- perished in the crash and a few on the ground had storage that only went back as far as seven ing about that comment the agent made about as well. I was at home that day, an off day for years. Then he asked the FBI agent why we keeping an eye on the papers and television. financial institutions since there is no mail de- had been inundated with all these different ju- And then, remnants of the 1960s paranoia livery on national holidays. risdictional requests for information regarding struck. The FBI, especially under the Bush Ad- Of course, due to the nearness to Septem- this same guy, Mr. Najran. ministration, would probably not give out this ber 11th, there were suspicions that the crash When the agent heard this, he blew a gas- story to any left-wing or centrist media. This may have been sabotage. This was never borne ket. This was his case, he said, adding that he was material more likely to fall into the hands out by subsequent investigations. would be heading over to the credit union as of Fox News, or the NY Post, both of which were At home, I had a house full of people. My soon as possible. owned and controlled by Rupert Murdoch, and wife was out working that day, and my children Within a week, he returned, this time with clearly a right-wing opportunist, hypocritically both had friends over playing, a total of about an associate agent from the FBI. They wanted sensationalist in his journalistic tendencies. seven children in attendance. In addition, in the to speak with me as well as with Mr. Valvano, I envisioned the headlines: Melrose Credit early afternoon, the two ladies who clean the so there we were, the four of us in Mr. Valvano’s Union makes insider loans to Melrose Cab Corp house weekly came to perform their weekly rit- office. to finance terrorism. ual. As the researcher was busy obtaining the Of course, there wouldn’t be any relation- Around two o’clock, I noticed out of my liv- additional information that they were request- ship to the truth in the headline, but newspa- ing room picture window that two young men ing, the FBI guys asked me a few questions re- pers would be sold, and retractions might come were striding up the sidewalk towards my garding the subject of their investigation, Mr. after the fact. The damage, as they say, would house, and they bore no resemblance to Jeho- Najran. I told them all I knew, and then I asked already be done. vah’s Witnesses. As they arrived at the front them a question: “Did all this interest from the Our reputation could be jeopardized, and door, I eagerly intercepted them, and said, three different jurisdictions come as a result of my fantasy of being a great patriotic hero would “What’s up fellas?” my one little phone call?” completely backfire. The whistle-blower would Both men produced a business card, one They shifted around in their seats a bit, and be victimized as the problem, not the solution. saying Department of Treasury, ATF division, the lead FBI agent asked, “Did you guys ever It was a frightening and sobering thought. and the other man’s card said FBI agent. The do a Yahoo or a Google search on this guy? After all, we learned from our experiences of the only interesting item of note was that the name No, we had never thought to do one – and ’60s and ’70s, institutional authorities were not on the FBI’s card was distinctively Russian, considering that this was early 2002, it was not to be trusted. Serge Kushner. I thought that it was a bit yet natural to do internet searches on people Check in next month for part VI. weird that the “Cold War” had ended only 10 the way we do now. But, as the agent asked the years or so prior, and we are already hiring question, Mr. Valvano did a Yahoo search… Russian FBI agents. and BINGO! Larry Fisher entered the NYC transporta- What do I know? Didn’t we hire German It was as if the slot machine in the casino tion industry in 1982 as a yellow taxi scientists during and immediately after World lit up. There were at least 30 different hits on driver, and has also worked as a black War II to beat the Soviet Union to the punch in this guy, Mr. Najran. Valvano told me to come car driver. our search for atomic weapon systems that take a look at this, as the FBI guys smirked. In 1987, he became a lender for Progres- would be superior to their systems? Holy shit, the fucking mother lode, we sive Credit Union, then took the position I invited the two men in the house, and of- thought. It turns out that our Mr. Najran was of lending supervisor in 2003 for fered them a cup of coffee, which they politely the UN Spokesman for the Taliban, the then Melrose Credit Union – which he held declined. They informed me of the purpose of government of Afghanistan, and the protector until he retired in 2016. Currently, Mr. their visit. The visit was a direct result of my of Osama Bin-Laden. Fisher is a consultant for his own firm, phone call to the FBI hotline only eight weeks Because they were not recognized as a le- LAF Consulting Services Corp. He can be before. And they wanted to review the informa- gitimate government at the UN, they were not reached at: [email protected]. tion. So, I took them out on my porch and told entitled to an ambassador. But clearly, they them to fire away. had a spokesman. Wow. Double WOW. 28 • TAXI & LIVERY TIMES • MAY 2021 THE TAXI ATTORNEY

BY MICHAEL SPEVACK

Hello everybody… This month I want voked for failing the annual drug test for as MARIJUANA WILL NOT BE CONSID- to talk about the legalization of marijuana marijuana, as of the writing of the article ERED AN ILLEGAL DRUG by the TLC in New York State and the TLC’s policy to- on April 15, 2021, you will remain revoked. for its annual drug test. ward marijuana with its annual drug test. I believe that the TLC should allow Thank you for reading my article. Until By now, most people know that New drivers who previously were revoked for next month and always, be well. York State legalized the use of recreational failing the annual drug test for marijuana marijuana. Some aspects of the new law go use to get their TLC licenses back. How- into effect right away and some may take ever, as of now, that is not the TLC’s plan. a year or more to phase in. I hope that policy changes. Please be advised that the TLC has in- Please know that you cannot drive formed me that effective April 15, 2021: your TLC vehicle or any vehicle while high TLC WILL NO LONGER TEST FOR on marijuana and the TLC will seek to re- Michael Spevack is a 1992 graduate of NYU School of Law and has been a lawyer in good MARIJUANA IN ITS YEARLY DRUG voke your TLC license if you are pulled standing in New York State since 1993. He TEST. The TLC is also immediately drop- over for driving stoned or buzzed. There is has been helping for-hire vehicle drivers in ping any current cases it is prosecuting re- no threshold for marijuana, as there is for New York City since 1995, when he opened garding marijuana use. This is true even alcohol, so if there is any marijuana in his own law firm dedicated to “helping indi- if you failed the drug test prior to the le- your system and you are pulled over while viduals, not large corporations.” Mr. Spevack can be reached at 212.754.1011; he also wel- galization of marijuana in NYS but have driving you will get arrested. However, comes visitors to his office at: not yet been revoked by the TLC. what you do on your own time is now not 97-77 Queens Blvd, Suite 1120, HOWEVER: If you were previously re- regulated by TLC drug test requirements Rego Park, NY 11374.

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97-77 Queens Blvd., Suite 1120 Rego Park, NY 11374 • p 212-754-1011 www.traffic-summons.com I can help you with TLC and in Criminal Court. MAY 2021 • TAXI & LIVERY TIMES • 29 NEWS UBER ORDERED TO PAY $1.1 MILLION AWARD TO BLIND PASSENGER Uber was ordered to pay in excess of to provide Ms. Irving (a San Francisco The arbitrator in the case concluded: $1 million to Lisa Irving, a blind Uber area woman) appropriate transporta- “Uber is liable for each of these inci- rider who brought a claim alleging 14 tion on the grounds of her blindness and dents under the (Department of Justice) different incidents of discrimination by use of a guide dog. In addition to refusal interpretation of the ADA, as well as Uber drivers. Counsel for Ms. Irving to provide rides, Uber’s drivers also due to Uber’s contractual supervision said they believe this may be the largest abandoned Ms. Irving in dangerous over its drivers and for its failure to pre- award ever issued to a blind passenger places at late hours, verbally abused her vent discrimination by properly train- for repeated driver violations of the (15 times in one instance), and even cut ing its workers.” Americans With Disabilities Act (ADA) a trip short and falsely claimed she had There are an estimated one million – and they filed a petition to confirm the been delivered to the destination she blind people in the United States; award in San Francisco Superior Court had specified. At various times, Ms. Irv- roughly 5% of them are believed to work in April. ing feared for her safety and was left in with guide dogs. The suit was filed after Uber failed potentially life-threatening situations, Sources: Peiffer Wolf Carr Kane & to remedy its drivers’ repeated refusals she said. Conway and www.eisingerlawfirm.com TLC CHIEF SPARS WITH STATE AG AND CITY COMPTROLLER OVER MEDALLION BAILOUTS Taxi & Limousine Commission ence call. to understand or explain how that plan (TLC) Chairwoman and Commissioner Taxi drivers who owe more than would work.” Aloysee Heredia Jarmoszuk told taxi $200,000 on their depreciated medallion The attorney general’s office relayed medallion lenders on a March 31 confer- loan have questioned how $20,000 from to Crain’s in February that it believed ence call that she doesn’t think the res- the city would motivate any lender to the relief package proposed by the New cue plan now working its way through reduce a larger debt amount. York Taxi Workers Alliance was the the state Legislature would work. The “We need all parties, including all of best way to resolve the long-standing yellow cab medallion bailout plan is cur- you, to work together on these restruc- fiscal issues plaguing medallion owners. rently being supported by the state at- tured loans,” Jarmoszuk replied. “The “This proposal would provide a fis- torney general and the city comptroller. city is actually committing funds. We’re cally fair and responsible way to sup- “The plan itself, at least sounded not going to tell you how to value the port the recovery of the taxi medallion good, but was not implementable, and medallion asset. We know there isn’t a industry by guaranteeing loans written would create a myriad of issues and one-size-fits-all solution for medallion down to no more than $125,000 – which complications especially around foreclo- debt.” is why I have been working with the sures,” Jarmoszuk explained. “And the During the call, Jarmoszuk rejected city to approve it since last year,” James math just didn’t seem to work out.” the competing plan proposed by the said. In March, the de Blasio administra- New York Taxi Workers Alliance – and Stringer also spoke in support of the tion announced a plan to allow medal- supported by both Attorney General alliance’s proposal during a March 4 lion owners to restructure their debt Letitia James and Comptroller Scott hearing with members of the state Sen- through a $20,000 loan and up to $9,000 Stringer – that calls on the city or the ate. in debt payment support through a $65 state to create a $125,000 price ceiling “The New York Taxi Workers Al- million fund provided by the federal for the value of the medallion loan that liance has put forward what my office government in the recent stimulus could be amortized at 4% over 20 years believes is a fiscally sound approach,” package. so the medallion owners could pay $757 the comptroller said. “We have a finan- “We want for this program to per month to the lenders. cial obligation to fix this, and I believe achieve meaningful reduction in princi- “It sort of backed into a desired prin- that embracing this plan is the best ple, reduced interest rates and extended cipal amount and mortgage payment start.” amortization periods,” Jarmoszuk told that wasn’t mathematically based,” Jar- at least six lenders during the confer- moszuk said. “I personally wasn’t able Source: Crain’s New York Business SON VOWS TO CARRY ON DAD’S LEGACY AFTER TRAGIC DEATH In a tragic second, Delfino Aparicio Paul Robeson Boulevard when he was him, his eldest son Ariel said, because he Lopez was taken away from his family on struck by a bullet. He died of his injuries wanted his children to have a better life April 19 by a stray bullet. The children of hours later. Police say he wasn’t targeted; than he did. Ariel, who is 20-years old, is 46-year-old Taxi driver say they are proud he was an innocent bystander who tragi- now a junior at Rutgers University where to let everyone know who their father was. cally lost his life. he majors in math and economics. “He was a selfless hardworking loving Police arrested 35-year-old Rhadisha A GoFundMe page paid for his funeral man that constantly thought of others,” Maurrasse on 1st-degree murder and gun and is helping to make sure Ariel and his his son, Ariel Aparicio said. charges. siblings continue their education. By late During a shift as a Taxi driver, Lopez Lopez worked hard to support his fam- April, it had grown to more than $13,000. was traveling along Handy Street near ily. It was the most important thing to Source: ABC7 New York

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