Industry Notice #12-28 • August 30, 2012

RATE CARD OVERLAY STICKERS DELAYED

The New York City Taxi and Limousine Commission (TLC) announces that the availability of Rate Card Overlay Stickers, which will be necessary to update medallion taxicab rate cards with the new fare structure that medallion owners may implement beginning September 4, 2012, will be temporarily delayed. Medallion owners and drivers will be permitted to implement the new fare structure with existing rate cards until the new Rate Card Overlay Stickers are available.

Industry Notice #12-29

IMPORTANT: TLC DECALS FOR ALL FOR-HIRE VEHICLES, AMBULETTES, AND COMMUTER VANS WILL NOW BE THE COLOR BLUE

All For-Hire Vehicles (Liveries, Black Cars, and Limousines), Paratransit Vehicles (Ambulettes), and Commuter Vans licensed by the New York City Taxi and Limousine Commission (TLC) will now be affixed with the same blue colored circular decal after the vehicle passes its TLC inspection. The decal color will no longer vary between the various non-medallion industries.

No action is necessary at this time; your current decals are still valid. You will receive the new blue decal after your next scheduled inspection at TLC’s Woodside Safety & Emissions facility located at 24-55 Brooklyn Queens Expressway West, Woodside, NY 11377.


SAMPLE of new blue decal.

Industry Notice #12-30

NEW TAXICAB RATE OF FARE DECALS (UPDATE)

Some medallion owners have raised a concern with the New York City Taxi and Limousine Commission (TLC) that replacing taxicab vehicle decals as directed in Industry Notice #12-25 may cause unnecessary cost to medallion owners whose vehicles are nearing retirement. In response to these concerns, the TLC announces that, between now and September 30, 2013, owners may choose one of the following two options in order to charge the new taxi fare as of September 4, 2012 except for new vehicles which may only employ Option 1:

Option 1: Full upgrade to new decals



Option 2: Partial upgrade to new decals

All taxicabs must have adopted one of these two options by their next scheduled inspection on or after Sunday, September 30, 2012. Again, all new vehicles may only employ Option 1.

And starting next year, after September 30, 2013, all vehicles must employ Option 1.

Industry Notice #12-31

TLC COMMISSIONER/CHAIR DAVID YASSKY - TLC APP STATEMENT

 “The TLC is eager to pave the way for taxi riders to take advantage of the most up to date technology including smartphone apps that may help passengers locate available taxicabs more quickly. However, current contractual agreements between the TLC and payment processors restrict the use of apps. We intend to quickly begin a rulemaking process that will permit broader use of apps when these contracts expire in February. As part of that process, we will work collaboratively with the livery, black car and taxi industries to address their concerns about the impact of apps on existing business models and to ensure that our rules provide full protection to passengers.

In addition, we are currently requesting proposals for a smartphone payment system that will integrate with our existing technology. Time and again New York City’s Taxi and Limousine Commission has led the country in terms of putting new technology to work for riders and we are eager to see products that allow taxi passengers to take advantage of the latest innovations.”

NOTE: The following notice will communicate to our regulated industries the relevant current requirements in advance of our commencing the rulemaking mentioned in Commissioner Yassky’s statement above.


Electronic Hailing and Payment

The New York City Taxi and Limousine Commission (TLC) reminds medallion taxicab drivers and owners that it has NOT authorized any electronic hailing or payment applications (“apps”) for use in New York City taxicabs.

In light of the recent release of applications which may permit the electronic hailing of taxicabs and payment of taxi fares including a release by UBER, taxicab drivers and owners are reminded that:

Taxi fares must be accurately entered into the TPEP system. A passenger paying by credit or debit card must use the TPEP system.

TLC rules also require that medallion owners maintain accurate trip records. If a driver accepts payment of taxi fares through a payment app not connected to the TPEP system, the trip records will not be accurate and the medallion owner will be summonsed.

A driver cannot charge a passenger more than the fare on the meter for a taxi ride. If a driver uses a payment app that charges the passenger more than the fare on the meter for a taxi ride, the driver is responsible for a passenger overcharge.

A driver must not use any electronic communication device, including a cell phone or smartphone, running a hail or payment app while operating a taxicab. Any driver using such a device at any time except when the taxi is legally standing will receive a summons.

Drivers and owners are reminded that violations of Commission rules can lead to fines and, in some cases, the suspension or revocation of their TLC license.

PERSISTENT NYC TLC VIOLATOR

What is a persistent violator?

You are considered a Persistent Violator of NYC TLC rules if you are a Medallion or For Hire Vehicle driver who has been:


If I receive a Persistent Violator summons what must I do?

If you receive a Persistent Violator summons you will have to attend a TLC hearing.


What do I need to do if I am found guilty at a TLC hearing of being a Persistent Violator?

Medallion Driver: If you are found guilty of a summons issued under rule 54-27(b((i) or if the Administrative Law Judge lists a §54-27(b((i) rule violation on a hearing disposition notice, you will receive a TLC Directive instructing you that you must attend the mandated TLC Refresher Course. You will have sixty (60) days to complete the course.

After completing the course the school is required to send proof to the TLC that you attended the course. If you do not comply with taking the course you will receive a summons for failure to comply and will have to attend a TLC hearing.
If you are found guilty your license will be suspended until you do comply.

FHV Driver: Any FHV Driver found guilty as a Persistent Violator at a TLC Hearing is not required to take the mandated Refresher Course. FHV drivers can voluntarily take the Refresher Course to lower their points. Please read Chapter 55 to see how taking the course can help you lower your points.


What happens to my TLC Driver’s license if I am found guilty of being a Persistent Violator? (Rule 54-27 or 55-27)

Medallion Driver: If you are found guilty of violating rule 54-27(b)(i), you will have one (1) point added to your TLC record and will be required to attend the mandated TLC Refresher Course. You will have sixty (60) days to complete the course.

After completing the course, the school is required to send proof to the TLC. If you do not comply with the requirement and take the course, you will receive a summons for failure to comply and will have to attend a TLC hearing.

If you are found guilty, your license will be suspended until you comply and you may be subject to additional fines or penalties.

If you are found guilty of a 54-27(2)(i), your TLC driver’s license will be suspended at the hearing. Once your license is suspended you must immediately turn your license in to the Licensing and Standards Division located at 32-02 Queens Boulevard, 2nd Floor, LIC, NY 11101. Once you are found guilty you can not operate a taxi. Your suspension period will not officially begin until you turn in your license.

If you are found guilty of a 54-27(2)(ii), your TLC driver’s license will be revoked at the hearing. If your license is revoked you must immediately turn your license in to the Licensing and Standards Division located at 32-02 Queens Boulevard, 2nd Floor, LIC, NY 11101.

FHV Driver: If you are found guilty of violating rule 55-27(b)(2)(i), you will have one (1) point added to your
TLC record.

If you are found guilty of a 55-27(b)(2)(ii), your TLC driver’s license will be suspended at the hearing. If your license is suspended you must immediately turn your license in to the Licensing and Standards Division located at 32-02 Queens Boulevard, 2nd Floor, LIC, NY 11101. Once you are found guilty you can not operate a for hire vehicle. Your suspension period will not officially begin until you turn in your license.

If you are found guilty of a 55-27(b)(2)(iii), your TLC driver’s license will be revoked at the hearing. If your license is revoked you must immediately turn your license in to the Licensing and Standards Division located at 32-02 Queens Boulevard, 2nd Floor, LIC, NY 11101.


Where can I take the mandatory Refresher Course?

PERSISTENT VIOLATOR REFRESHER COURSE SCHOOL LISTINGS

This Refresher Course is a program developed by the Taxi & Limousine Commission that focuses on drivers and how violations affect them. Depending upon the number of violations accumulated within a 15 month period a driver may be considered a persistent violator and will have to attend this course. This course provides vital lessons by refreshing driving knowledge with a review of safe driving tips and an overview of the TLC driver and vehicle rules.

Medallion Drivers: If found guilty as a Persistent Violator at a TLC hearing, you MUST take the mandated TLC Refresher Course.

FHV Drivers: If found guilty as a Persistent Violator at a TLC Hearing, you are NOT mandated to take the Refresher Course but it is strongly recommended.

Please note:

On the following page is a list of schools that offer the eight (8) hour Refresher Course. You may select any of the three schools.

LaGuardia Community College NYC Taxi and FHV Driver Institute
30-20 Thomson Avenue- Room B-114
Long Island City, New York 11101
Contact Person: Andrew Vollo
Telephone number: (718) 482-5335
E-Mail: cunytaxi@lagcc.cuny.edu
Website: www.lagcc.cuny.edu/taxi

NYC Taxi Academy
35-11 Queens Boulevard – Suite 1
Long Island City, New York 11101
Contact Person: Hasain Shakil
Telephone number: (718) 433-0132/(718) 433-0493
E-Mail: hshakil@verizon.net

Master Cabbie Taxi Academy
24-29 Jackson Avenue
Long Island City, New York 11101
Contact Person: Terry Gelber
Telephone number: (718) 472-1699/(800) 955-8294
Website: www.mastercabbie.com


Classes fill up quickly! You should call at least one week before the date that you plan to attend class. On the day of your class, you must arrive at least a half hour before the class start time to complete your enrollment or you will not be admitted.

What do I need to bring to the class?

You must bring the following with you to attend class:


How long is the mandatory Refresher Course?

The mandatory refresher course is 8 hours in total which is split into two four hour sessions.


How much does it cost to take the mandatory Refresher Course?

A fee of $75 must be paid to the school of your choice.

 

NEW TAXI FARE MAY TAKE EFFECT AS OF TUESDAY, SEPTEMBER 4, 2012

On Monday, 3 September 2012, The New York City Taxi and Limousine Commission (TLC) reminded taxicab riders that a new fare structure could be in effect as of 12:01 a.m. on Tuesday, September 4, 2012.

On July 12, 2012, the TLC approved a fare increase of approximately 17%. The operators of medallion (yellow) taxicabs have the opportunity to institute the new fare as of 12:01 a.m. on September 4, 2012 provided that they have their taximeters recalibrated, and have updated their external markings. Updated rate card overlay stickers will be added shortly after the new fare is in effect.

It is important to note, however, that taxicabs are not required to implement the new fare structure until their first scheduled inspections after September 30, 2012, and so the riding public may see a mixture of taxicabs with both old and new taxi fares for some time to come.

“We anticipate that many taxicab operators will implement the new fare structure as of September 4 so it is extremely important that taxi riders know and understand it,” said TLC Commissioner/Chair David Yassky. “The taxi industry appears to be experiencing a smooth transition to the new structure, and we want passengers to experience a smooth transition as well.”

The new medallion taxicab rates of fare will be as follows:

For trips in New York City

• $2.50 initial charge (first 1/5 mile);

• $0.50 MTA tax;

• $0.50 per each additional 1/5 mile;

• $0.50 per 60 seconds in stopped or slow traffic;

• $1.00 surcharge from 4 p.m. to 8 p.m. on weekdays, excluding holidays;

• $0.50 night surcharge from 8 p.m. to 6 a.m. daily.


Trips to/from JFK International Airport and Manhattan

• $52.00, plus any tolls and/or tip;

• the $0.50 night surcharge shall not be added to this flat rate;

• the $1.00 peak surcharge shall not be added to this flat rate;

• the $0.50 MTA tax SHALL be added to this flat rate.


Trips to Newark Airport

• the amount shown on the taximeter plus a surcharge of $17.50; and

• all necessary tolls to and from the destination.

The following Lease Cap Notice was first published in the September 2012 issue of TLC Magazine, P.22. It is being updated below. - Editor

Industry Notice #12-26 • Updated September 13, 2012

NEW LEASE CAPS

The New York City Taxi and Limousine Commission (TLC) hereby announces the following industry information specific to the increase in lease caps for all medallion taxicabs as published in TLC rules Chapter 58, Section 21.

The following changes are effective as of 12:01a.m. on September 30, 2012:

I. Credit card fees.

Owners may no longer charge drivers 5% of credit card fares for processing fees. All processing costs are now included in lease caps for fleets and agents.

II. Medallion-and-vehicle (fleet) lease caps.

An owner of a taxicab can charge a lease rate to a driver that is not greater than the following:




III. Driver-Owned Vehicle (DOV) lease caps.

An owner of a taxicab can charge a lease rate to a driver that is not greater than the following:


A “Medallion-only” lease includes:


A lessor may not accept payment for the lease or purchase of a vehicle.

The lessor may agree with the driver to provide services or accommodations on an arms length basis outside of the lease. All of these transactions must be recorded by the lessor and the records must be available for inspection by the Commission.

An “All-in” lease includes:

• Use of the medallion.

• All applicable TLC and DMV fees except TLC vehicle inspection fees.

• Insurance as required by TLC rules.

• Credit card fees or charges.

• All vehicle purchase and/or finance costs, vehicle sales tax, and related costs.

• Up to 3 drivers on a lease at the request of the drivers.

Title for the lease vehicle must pass to one or more of the lessees, if the lessee requests, after 3 years or after all vehicle financing costs have been paid whichever is sooner.

A lessor can offer coverage for collision and physical damage for the vehicle to the lessee not to exceed $50 per week but cannot require that the lessee purchase such coverage.

The lessor may agree with the driver to provide services or accommodations on an arms length basis outside of the lease. All of these transactions must be recorded by the lessor and the records must be available for inspection by the Commission.

PLEASE NOTE: All DOV medallion leases and DOV long term vehicle lease agreements entered into before September 30, 2012 must be amended, if necessary, to meet the above requirements by September 30, 2012. If you are unable to determine if an amendment is necessary please contact David Ross at (212) 676-1116.


IV. Driver’s Bill of Rights.

All owners, lessors, and agents must post the updated Driver’s Bill of Rights found on the TLC website: www.nyc.gov/taxi as directed in the TLC rules.


V. Change meters and update fare.

All owners, lessors, and agents who own taxicabs must update the meter, rate card, and exterior decals as outlined in Industry Notice 12-25 before the new lease caps take effect for their lease rates.


VI. Optional gasoline surcharge.

An owner/lessor or his or her agent leasing a medallion and vehicle (fleet lease) may choose to provide gasoline to a lessee and charge a gas surcharge. This surcharge will be $21 per shift or $126 per week until December 31, 2012. After December 31, 2012, the TLC will reset the surcharge based on changes in gasoline prices.