INDUSTRY NOTICE #12-48

INDEPENDENT MEDALLION DRIVER OPTION FILING EXTENSION

The New York City Taxi and Limousine Commission’s (TLC) rules allow a Medallion owner to designate an Independent Medallion Driver (IMD) for a one year period, beginning January 1 of each calendar year. The designation form MUST be submitted to the TLC by November 1 of the current year for the upcoming year. For example, a designation for Calendar Year 2013 must be submitted to the TLC no later than November 1, 2012. The IMD form and instructions can be found on our web site at:

www.nyc.gov/html/tlc/downloads/pdf/ind_med_driver_desig_removal_app.pdf.

Due to the storm emergency, the TLC is extending the 2013 calendar year filing deadline to 12/21/2012 for those medallion owners seeking to designate a driver under the Owner Must Drive Option for Calendar Year 2013.

PROPOSED RULES PAVE THE ROAD FOR TAXI-HAIL SMARTPHONE APPS

The New York City Taxi and Limousine Commission (TLC) released proposed regulations that will permit apps for taxi e-hail and payment. At the same time it will update the
functionality of taxi technology systems and provide for the continuity of the taxi riding public’s ability to pay by credit card.

The proposed rules will be the subject of a public hearing at the agency’s 33 Beaver Street headquarters on November 29, 2012, with a vote anticipated to take place at the Commission’s following meeting on December 13.

“Taxi passengers should be able to use the most up to date technology available to find a cab faster,” said TLC Commissioner/Chair David Yassky. “We welcome feedback from the taxi and car service industries on how taxi-hail apps can best supplement the existing service models, so that we can finalize these rules and get apps on passengers’ smartphones by early next year.”

Passenger survey results say that 70% of those asked have a smartphone, and 55% want the ability to e-hail taxicabs and pay by smartphone.

Concurrent with the issuance of the e-hail rules, the TLC has also notified participants in the TLC’s RFP for a custom made smartphone app that the agency does not anticipate proceeding with the RFP. Because the e-hail rules will enable app developers to offer riders fare payment products the RFP will no longer be necessary.

With passengers having demonstrated a preference for paying fares by credit card (50% of all taxi trips are paid for by credit card; 57% of all fare dollars are paid by credit card), the rules package will also structure the means for apps to interface with the taxi technology systems (or TPEP – Taxi Passenger Enhancement Program) in taxicabs, creating an ongoing framework for credit card payment. The existing framework – an exclusive payment processing contract with two technology companies – will expire in mid-February.

Proposed Rule Highlights

E-HAIL APPS

• Rule permits app developers to market e-hail apps and drivers to use apps provided the app is licensed by TLC.
  
  
  
• Rule would permit full range of app business models, apps that do/do not include confirmation from driver; apps that do/do not include payment for taxi trip.
  
  
  
• Use of e-hail apps is optional for drivers. Fleets cannot require drivers to use these apps.
  
  
  
• Use of apps not permitted unless vehicle is legally standing.
  
  
  
• Only licensed taxi drivers in licensed taxicabs can use e-hail apps.
  
  
  
• Apps may not be used at JFK or LaGuardia airports to avoid disruption of managed passenger/taxicab queues, or at Penn Station and Grand Central taxi lines.
  
  
  
• Apps must not disclose passenger destination information or other identifying information to drivers. Driver only sees pickup location.
  

E-HAIL APPS THAT ALSO PROVIDE FARE PAYMENT

• E-hail apps that also provide for payment must integrate with TPEP, and payment infrastructure must meet same stringent security standards as TPEP.
  
  
  
• App that includes trip payment must obtain fare by direct transmission from meter via TPEP. Without this, there is risk of driver error/wrongful entry of fare.
  
  
  
• Provides for confirmation of payment to driver also via TPEP.
  
  
  
• TPEP systems are required to integrate all TLC approved apps that provide fare payment.
  
  
  
• Apps including trip payment must identify any service charge collected by the app separately from the metered fare including all tolls, surcharges and MTA tax and any
  gratuity. Gratuities shall remain non-mandatory, and shall be in an amount to be selected by passenger.
  
  
  • Total amount designated as a “tip” or “gratuity” must go to the driver
    
    .
    
  • Driver cannot receive any payment for e-hail trips other than fare and tip. As a result, drivers will not prioritize e-hail trips over hand-in-air hail trips.
    
    
    
  • Rules permit pre-set tip amounts/percentages so long as that amount can be changed by passenger.
    
    
    
• App including trip payment must accept, at least, AmEx, VISA, MasterCard and Discover.
  
  
  
• App including trip payment must offer a receipt which can be an electronic receipt, e.g., email, SMS, at the passenger’s choice.
  
  
  
• Rules permit pre-payment prior to end of trip to expedite process.
  
  
  
• Rules permit split fares among passengers using the same app.
  
  
  
• Drivers cannot accept payment by any apps other than TLC approved apps.
  

T-PEP 2.0 Rules Would Require:

• Display of current rate code and a running total fare for the ability to see itemized fare at any time;
  
  
  
• Optional acceptance of electronic signature and provision of electronic receipt;
  
  
  
• Allow for pre-payment via early swiping & approval by the Passenger to speed disembarkation;
  
  
  
• The option of providing splitting of fares;
  
  
  
• Features to assist visually disabled passengers with paying fare;
  
  
  
• Improved Spanish language content on PIM;
  
  
  
• Expanded passenger route map, covering more ground for out-of-town trips;
  
  
  
• Geo-fence rate code 4 preventing activation unless outside of NYC;
  
  
  
• Acknowledgement and requirements for integrating with smartphones;
  
  
  
• Option to pay drivers directly via electronic debits;
  
  
  
• Automatically deduct the $0.06 healthcare fee for each transaction;
  
  
  
• More frequent updates to TLC content and surveys;
  
  
  
• Expansion of TLC Audio/Video Content;
  
  
  
• Expanded text messaging capability;
  
  
  
• More and better passenger survey capabilities.
  

The TLC was created in 1971, and is the agency responsible for the regulation and licensing of almost 200,000 yellow medallion taxicabs and for-hire vehicles, their drivers, and the businesses that operate and support their industries. It is recognized as the largest and most active taxi and for-hire vehicle regulatory body in the United States.

To find out more about the TLC, or to review its rules, regulations and procedures, we encourage you to visit our official Web site at www.nyc.gov/taxi or call 311 in New York City, or 212-NEW-YORK from outside of New York City.

For Public Hearing – TPEPRules – November 29, 2012 at 10 a.m.

For Public Hearing – E Hail Application License – November 29, 2012 at 10 a.m.

Contact: Allan J. Fromberg - allan.fromberg@tlc.nyc.gov
Seth Melnick – 212-676-1028 - melnicks@tlc.nyc.gov

INDUSTRY NOTICE #12-50

EMERGENCY ASSISTANCE INFORMATION

Instructions for Businesses and Individuals are different:

Part I – Assistance Information for Licensees Incorporated as Businesses

Part II – Assistance Information for Licensees NOT Incorporated as Businesses

1. If you are a TLC licensee incorporated as a business, please read below for Hurricane Sandy assistance information:
   

Federal Assistance

Register with the Federal Emergency Management Agency (FEMA)

• Call 1-800-621-3362 between 7am and 10pm, OR

• Register online (www.disasterassistance.gov) or through a mobile device (m.fema.gov)

US Small Business Administration (SBA) Loans.
You must register with FEMA first.

• Business Physical Disaster Loan. All licensees incorporated as businesses are eligible.
  
  
  
• Businesses may borrow up to $2 million to repair and replace damaged or destroyed real estate, machinery, including TLC licensed vehicles, and equipment, inventory, and other business assets.
  
  
  
• Interest rates starting at 4% for small businesses with terms up to 30 years. Loan amounts and terms are set by SBA and based on each applicant’s financial condition.
  
  
  
• Only uninsured or otherwise uncompensated disaster losses are eligible.
  
  
• Application filing deadlines:
  
  
  • Physical Damage: December 31, 2012
    
    
  • Economic Injury: July 31, 2013
    
    
  • Online Electronic Loan Application (ELA): https://disasterloan.sba.gov/ela
    

State Assistance

New York State Disaster Unemployment Assistance (DUA)

• You may be eligible if you live or work in Bronx, Brooklyn, Nassau, New York, Queens, Richmond, Rockland, Suffolk, or Westchester counties and lost your income due to the effects of Hurricane Sandy.
  
  
  
• Eligibility and benefit amounts are decided on a case by case basis.
  
  
  
• Deadline to file a claim: December 3, 2012.
  
  
  • To apply: contact the Telephone Claims Center (TCC) at 1-888-209-8124 or 1-877-358-5306.
    

City Assistance

NYC Restoration Centers

• Provide the following types of assistance: NYC Rapid Repairs, Food and Nutrition Assistance, Temporary Housing Information, Health and Medical Benefits, Business Restoration, Counseling Services, Financial Assistance, Personal Records and Information.
  
  
• Open from 8am to 8pm daily. Located in the following neighborhoods:
  
  
  
• Red Hook: Coffey Park, 85 Richards Street, Brooklyn, NY 11231
  
  
  
• Gravesend: SSA Building, 10 Bouck Ct., Brooklyn, NY 11223
  
  
  
• Fort Tilden: 321 Rockaway Point Blvd, Queens, NY 11697
  
  
  
• Far Rockaway: 10-01 Beach 20th Street, Queens, NY 11691
  
  
  
• Staten Island: 1976 Hylan Boulevard, Staten Island, NY 10306
  

Emergency Business Loans

• Low interest loans of up to $25k
  
  
  • Call 311 and ask for NYC Business Emergency Loan
    
    
  • Online form: nyc.gov/contactnycbiz
    
    
    
• For a more extensive list of City resources, visit this web site:
  http://www.nycedc.com/backtobusiness
  

II. If you are a TLC licensee NOT incorporated as a business, please read below for Hurricane Sandy assistance information:

Federal Assistance

Register with the Federal Emergency Management Agency (FEMA)

• Call 1-800-621-3362 between 7am and 10pm OR
  
  
  
• Register online (www.disasterassistance.gov) or through a mobile device (m.fema.gov)
  

US Small Business Administration (SBA) Loans. You must register with FEMA first.
Home and Personal Property Loan. Vehicle owners not incorporated as businesses are eligible.

• For owner driven TLC licensed vehicles that are not owned by a business up to $40,000 is available from the SBA to repair or replace cars damaged or destroyed in the disaster.
  
  
  
• Long term repayments, up to 30 years, interest rates under 4% for individuals who cannot receive credit elsewhere and under 8% for those who can.
  
  
  
• For more information: http://www.sba.gov/content/home-and-personal-property-loans
  

State Assistance

New York State Disaster Unemployment Assistance (DUA)

• You may be eligible if you live or work in Bronx, Brooklyn, Nassau, New York, Queens, Richmond, Rockland, Suffolk, or Westchester counties and lost your income due to the effects of Hurricane Sandy.
  
  
  
• Eligibility and benefit amounts are decided on a case by case basis, and self-employed individuals may also be eligible.
  
  
  
• Deadline to file a claim: December 3, 2012.
  
  
  • To apply: contact the Telephone Claims Center (TCC) at 1-888-209-8124 or 1-877-358-5306.
    

City Assistance

NYC Restoration Centers

• Provide the following types of assistance: NYC Rapid Repairs, Food and Nutrition Assistance, Temporary Housing Information, Health and Medical Benefits, Business Restoration, Counseling Services, Financial Assistance, Personal Records and Information.
  
  
  
• Open from 8am to 8pm daily. Located in the following neighborhoods:
  
  
  
  • Red Hook: Coffey Park, 85 Richards Street, Brooklyn, NY 11231
    
    
    
  • Gravesend: SSA Building, 10 Bouck Ct., Brooklyn, NY 11223
    
    
    
  • Fort Tilden: 321 Rockaway Point Blvd, Queens, NY 11697
    
    
    
  • Far Rockaway: 10-01 Beach 20th Street, Queens, NY 11691
    
    
    
  • Staten Island: 1976 Hylan Boulevard, Staten Island, NY 10306
    

Emergency Business Loans

• Low interest loans of up to $25k
  
  
  
  • Call 311 and ask for NYC Business Emergency Loan
    
    
    
  • Online form: on.nyc.gov/contactnycbiz
    
    
    
• For a more extensive list of City resources visit this web site:
  http://www.nycedc.com/backtobusiness

HOW TO APPLY FOR FEMA DISASTER ASSISTANCE

You can register for FEMA assistance by calling 800-621-3362 (TTY: 800-462-7585) or visiting www.DisasterAssistance.gov or m.fema.gov from a smartphone or Web enabled device.

Copy Steps to apply for FEMA assistance:
http://www.governor.ny.gov/assets/documents/StepsforApplyingforFEMAAssistance.pdf

There is never a fee to apply for FEMA disaster assistance or to receive it.

There is no fee for FEMA or U.S. Small Business Administration property damage inspections.

Please be aware: Government workers will never ask for a fee or payment. They wear a photo ID. Watch out for middlemen who promise you will receive money, especially if they ask for an up front payment.

One of the dire consequences of any disaster for many people is the loss of important documents. Often, such documents are needed by the Federal Emergency Management Agency (FEMA) and state emergency services in order to process assistance applications for those who suffered losses or damage to their homes and belongings.

If papers are lost – like birth certificates, Social Security cards, drivers’ licenses, tax records and so on – you can receive replacements by contacting the following:

• Birth certificates: If you were born within the confines of the five boroughs of New York City, visit or write to the Office of Vital Records, 125 Worth Street, Room 133, New York, N.Y. 10013. A photo ID is required both by mail and in person. The office advises the fastest way to get records is online at www.nyc.gov/vitalrecords. The phone number is (212) 788-4520.
  
  
  
• To download and print an application, log onto
  http://home2.nyc.gov/html/doh/downloads/pdf/vr/birth1.pdf ;
  to apply online, log onto www.nyc.gov/vitalrecords.
  
  
  
• If you were born in New York state outside of New York City, log onto www.vitalchek.com or phone 1-877-854-4481. This will connect you to a company called VitalChek which is contracted with the state to handle credit card orders. There are modest fees involved.
  
  
  
• Drivers’ licenses: Visit any New York Department of Motor Vehicles office. To find an office nearby, log onto www.nydmv.state.ny.us/offices.htm.
  
  
  
• Social Security cards: Call the U.S. Social Security office at 800-772-1213, Monday through Friday, 7 a.m. to 7 p.m. local time. For TTY users the number is 800-325-0778, or log onto www.ssa.gov/ssnumber for more information.
  
  
  
• Federal tax records: Call 800-829-1040, Monday through Friday, 7 a.m. to 10 p.m. local time, or log onto www.irs.gov.
  
  
  
• New York state tax records and New York City tax records: Log onto http://www.tax.ny.gov or phone 518-457-5181
  

For copies of your utility bills, bank records, insurance policies, mortgage payments and the like, call the appropriate firm and speak to a customer service representative.

HOW TO APPLY FOR FEMA DISASTER ASSISTANCE

Donate to the Empire State Relief Fund

To help those displaced by the storm find long term housing solutions donate to the Empire State Relief Fund.

Volunteer

If you are interested in volunteering in the relief effort in the areas affected from Hurricane Sandy there are regional volunteer centers statewide.

Donate to the Red Cross

You can help people affected by disasters like Superstorm Sandy by making a donation to support American Red Cross Disaster Relief.

Corporate Donations

If your company is interested in making a donation to help New Yorkers impacted by Hurricane Sandy please visit http://www.governor.ny.gov/sandycompanydonations to fill out a form and someone from the Governor’s office will be in contact with you shortly.

Donate Blood

Hundreds of Red Cross blood drives have been canceled due to the storm representing a loss of thousands of blood and platelet products. The Red Cross is asking people who are eligible, especially in places not affected by the storm, to schedule a time to give blood in the days and weeks to come. To schedule a donation time or get more information about giving blood people can visit www.redcrossblood.org or call 1-800-RED CROSS (1-800-733-2767).