Industry Notice #13-43

MEDALLION AUCTION INFORMATION

The New York City Taxi and Limousine Commission wishes to announce that 168 Accessible Independent Medallions will be offered for sale in lots of one through the receipt of sealed competitive bids on February 26, 2014.

The TLC will receive bids in person on February 20, 21, 24, and 25, 2014, from 9:00 A.M. through 12:00 Noon at its offices at 33 Beaver Street, 19th Floor, New York, NY 10004. These bids will be publicly opened on February 26, 2014, commencing at 9:00 A.M. at the Tribeca Performing Arts Center, Borough of Manhattan Community College, 199 Chambers Street, New York, NY 10007.

Leading up to the February 26, 2014 auction the TLC will be hosting an Independent Medallion Auction Exposition on January 15, 2014. We encourage all potential bidders to attend and visit with representatives from various taxi industry groups and business services.

The Expo will be located at the CUNY Graduate Center, 365 Fifth Avenue, New York, NY 10016 from 10:00 A.M to 7:00 P.M. The purpose of the Independent Medallion Expo is to inform potential bidders about the bidding process and the requirements associated with owning a Medallion. To register, please use the link below.

http://auctionexpo.eventbrite.com

If you are interested in becoming a vendor at the 2014 Independent Medallion Exposition please register your company using the link below. Participation is limited and will be on a first come, first served basis, so early registration will increase your chances of securing a table. Once registered you will receive additional Expo information via email.

http://auctionexpo.eventbrite.com

CITY OF NEW YORK AND DISABILITY ADVOCATES ANNOUNCE LANDMARK SETTLEMENT TO DRAMATICALLY INCREASE NYC TAXICAB ACCESSIBILITY

One out of every two medallion taxicabs will be wheelchair accessible by 2020

NEW YORK, NY Four disability rights organizations, the New York City Taxi and Limousine Commission (TLC), and the Mayor’s Office for People With Disabilities (MOPD) announced today that they have reached an historic settlement agreement to phase in wheelchair-accessible yellow medallion taxicabs so that fifty percent (50%) will be accessible to men, women, and children who use wheelchairs and scooters by 2020. The agreement is the first of its kind in the country and would make New York’s yellow taxi fleet the most accessible in the nation and one of the most disability friendly in the world.

The agreement calls for the TLC to propose rules that, if approved following a public hearing to be held next year, will require yellow taxi fleets to replace, via attrition, at least 50 percent of taxicab vehicles with wheelchair-accessible vehicles by 2020.

New York City taxicabs typically have a lifespan of three to five years, depending on how they are operated, and the 2,000 new taxicab medallion licenses that will be issued over the next several years (200 of which have already been auctioned) will count toward the 50% goal. The rulemaking process will determine how the remaining number will be achieved.

“New York is a world class city. Now it will also have a world class taxi system,” said Sid Wolinsky of Disability Rights Advocates. “This will make New York a more livable city for tens of thousands of residents and visitors alike.”

“For too long, wheelchair users have lacked adequate access to this crucial part of New York's transportation network,” said TLC Commissioner and Chair David Yassky. “We at the TLC are thrilled to be able to right this longstanding flaw in a taxi system that is otherwise a source of so much pride for New York.”

Currently, only 231 out of the City’s 13,237 taxicabs are wheelchair-accessible. In June 2012, the City established a dispatch program enabling wheelchair users to request accessible taxicabs via 311. “The dispatch program has helped thousands of wheelchair users get a taxi, but it is not enough. Today’s agreement will bring us a truly accessible taxi fleet,” Yassky said.

“It is my office's goal to make New York City the most accessible and inclusive city in the world, and this landmark agreement significantly furthers this mission," said MOPD Commissioner Victor Calise.

"MOPD has worked side by side with City agencies and advocates to help make this historic day a reality. We are excited to see the results of this agreement and look forward to its implementation setting an example for the rest of the country to follow."

“I am gratified that all the parties to the litigation were able to resolve their differences and move forward in a way that is good for all New Yorkers and visitors," said NYC Corporation Counsel Michael A. Cardozo.

“Today’s historic agreement ensures that this service, taken for granted by so many, is afforded to all New Yorkers,” said TLC Commissioner Frank Carone. “By ensuring that 50 percent of our taxi fleet is wheelchair accessible, our City has demonstrated once again that we take care of those most in need and are on the forefront of progressive issues.

New York City has always been a model for the rest of the world, and I am hopeful that today’s announcement will serve as an example for other cities around the globe.”

“I have long believed that the TLC must do a better job at providing sufficient access to taxis to people with disabilities, particularly those who use wheelchairs,” said TLC Commissioner LaShann DeArcy. “The solution to this complicated issue could only be reached, however, through the collaborative efforts of the TLC, the disabled community, and other constituencies. This settlement marks the culmination of our collective efforts and represents a sea change in wheelchair accessibility in New York City. It is a win for all of us.”

“I would like to extend both acknowledgement and thanks for the hard work of Disability Rights Advocates, the Mayor's Office for People with Disabilities, the New York City Corporation Counsel’s Office, and Taxi and Limousine Commission staff for reaching a balanced landmark settlement,” said TLC Commissioner Edward Gonzales.

“I look forward to working with the industry, vehicle manufacturers, and retrofitters in implementing enhanced accessible taxi service for New York City.”

Assuming the proposed disability rules are adopted by the Taxi and Limousine Commission following a public hearing, the settlement, upon approval by the federal court, will resolve a federal class action lawsuit filed in January 2011 in the U.S. District Court for the Southern District of New York. The suit was brought by a coalition of people with
disabilities, including Taxis for All Campaign, United Spinal Association, 504 Democratic Club, and Disabled in Action.

Plaintiff Simi Linton, a lifelong New Yorker and power wheelchair user said, “Especially in New York, the ability to travel in a taxi is vital for getting to work, medical appointments, and cultural events. It’s critical in emergencies. This is a victory worth celebrating this holiday season.”

James Weisman, general counsel for Plaintiff United Spinal, added that “this is going to save the City tens of millions a year in paratransit costs. Making cabs accessible is not just the sensible thing to do for the many New Yorkers and visitors to the City who use wheelchairs, it’s fiscally responsible.”

The matter is titled Taxis for All Campaign v. Taxi & Limousine Commission (TLC), and was formerly captioned Noel v. TLC. Under the settlement terms, the TLC agrees to propose rules that, once approved following a public hearing to be held next year, will require the yellow taxi fleet to phase in wheelchair-accessible vehicles, as non-accessible taxis are retired, reaching a 50-percent wheelchair accessible fleet by 2020.

CONTACTS:

Allan J. Fromberg
Taxi and Limousine Commission
press@tlc.nyc.gov, 212-676-1013

Edith Prentiss/Joe Rappaport
Taxis For All Campaign
(646) 284-1078

Julia Pinover, Disability Rights Advocates
jpinover@dralegal.org
(212) 644-8644

Kate O’Brien Ahlers
NYC Law Department
media@law.nyc.gov, 212-356-4000

FAQS - WHEELCHAIR ACCESSIBILITY

What is an accessible vehicle?

Accessible vehicles are vehicles that can pick up and drop off persons who use wheelchairs or other mobility aids, and comply with the accessibility requirement of the Americans with Disabilities Act (ADA) of 1990.

Accessible vehicles can not be a Paratransit vehicle or Ambulette.

For more information, please read Chapter 56 for complete rules.

The vehicle can not display outside markings that show they are an accessible vehicle. For example, the vehicle cannot be marked "Paratransit, Ambulette or Invalid Coach."

Who must compy wth this rule?

All For-Hire vehicle base stations, including Black Car and Luxury Limousine base stations licensed by the TLC must comply.

What must I do to comply with this rule?

You may dispatch an accessible vehicle affiliated with your base or arrange for an accessible vehicle to be dispatched from another TLC licensed base station.

For a list of TLC licensed base stations, please go to: www.nyc.gov/taxi.

You must ensure equal service is given to persons with disabilities whether you dispatch an affiliated vehicle or are contracting with another base to provide service.

No extra cost may be charged for providing service to persons with disabilities. Service must be provided to persons with disabilities that meet their needs, and is equal to the service provided to other individuals:

Response time to pick up requests: If your base takes 15 minutes to pick up a person without a disability, you must also pick up persons who have a disability in 15 minutes as long as both persons are about the same distance from your base.

Fares: No extra money can be charged for serving persons with disabilities. If your base charges a fee based on the number of passengers transported, you may NOT charge a fee for an attendant traveling with a passenger with disabilities.

Hours and days of service availability: If your base services customers twenty-four hours (24) a day, you must service persons with disabilities twenty-four hours (24) a day.

Ability to accept reservations: For more information, please read Chapter 59 Dispatch Accessible Vehicle for complete rules.

I am the owner of an FHV Base, what kind of vehicle may I use to comply with rule?

Livery Base: You can use an accessible minivan with a seating capacity of six (6) passengers or less, not counting the driver, equipped with either a side or rear lift or ramp for passengers using wheelchairs.

Black Car Base: You can use an accessible minivan or other accessible vehicle that seats twenty (20) passengers or less, not counting the driver, and equipped with either a side or rear lift or ramp for passengers using wheelchairs.
Luxury Limousine Base: You can use an accessible vehicle with a seating capacity of twenty (20) passengers or less, not counting the driver, or an accessible luxury bus equipped with a lift or ramp for passengers using wheelchairs.

Can I contract with another TLC licensed base to comply with this rule?

Yes. You can contract with another TLC licensed base.
FHV Base: To comply, you can enter into an agreement with a base that dispatches a TLC approved accessible vehicle affiliated with that base. The vehicle dispatched by the other base must provide an equal level of service and quality as the vehicles your base usually dispatches. When your base receives a request for accessible service, you must call the base you have a contract with to dispatch an accessible vehicle.

Paratransit Base: You can only contract with a Paratransit or Ambulette base if their base dispatches accessible vehicles that are unmarked. They can not have outside markings that show their Paratransit or Ambulette status.

Can I share the cost of buying an accessible vehicle?

You can contract with another TLC licensed FHV base to buy an accessible vehicle and share the costs of owning and operating that vehicle.

Can I refer calls from people who use wheelchairs to a nearby Paratransit or Ambulette Base?

No. To comply you must dispatch an accessible vehicle affiliated with your base or you must arrange for an accessible vehicle to be dispatched from another TLC licensed base station.

When your base receives a request for accessible service, you must call the base you have a contract with to dispatch an accessible vehicle. For a list of TLC licensed base station, please go to: www.nyc.gov/taxi.

How can I make sure my Accessible Vehicle complies with TLC Safety and Emissions requirements?

For a vehicle to operate as Wheelchair Accessible, it must meet all necessary requirements with the Americans with Disabilities Act (ADA) and TLC. Please see www.nyc.gov/taxi for more information.

Industry Notice #13-42

TLC NO LONGER COLLECTING NAMED DRIVER INFORMATION

As of 9 am on December 9, 2013, and until further notice, the New York City Taxi and Limousine Commission (TLC) ceased collecting Medallion Leasing Declaration Statements for Named Drivers. Going forward, if a medallion owner wants a Long Term Driver, he/she must select Named Driver in the Driver Authorization Statement and affirm that the Named Driver meets the qualifications set forth in TLC Rule 51-03. TLC will no longer maintain a list of the actual Named Drivers.

This change is not intended to have any effect on vehicle retirement.

TLC LAUNCHES NEW ENFORCEMENT SATELLITE AT JFK AIRPORT

The New York City Taxi and Limousine Commission (TLC) has unveiled a new dedicated satellite enforcement facility at John F. Kennedy International Airport. The new facility, created in coordination with the Port Authority of New York and New Jersey (PANYNJ), allows the TLC to have a consistent presence at the airport to combat illegal for-hire activity.

“JFK is an exceptionally active transportation hub,” said TLC Commissioner and Chair David Yassky, “and for that reason it is a magnet for illegal for-hire activity. It’s very natural for us to be here and have a permanent ‘home’ at JFK, and we’re very grateful to the Port Authority for embracing this initiative and for so effectively partnering with us on enforcement in general.”

“There is no place at Port Authority airports for illegal taxi hustlers and we are pleased the New York City Taxi and Limousine Commission is enhancing its crackdown initiatives to supplement those by Port Authority police officers,’’ said Port Chief Security Officer Joseph Dunne. “The TLC’s increased vigilance will help protect passengers at JFK Airport by reducing the chances they may unwittingly accept a ride from a fraudulent and potentially unsafe driver pretending to be a legitimate taxi operator.”

During enforcement operations, the facility becomes home base for squads of 10-15 TLC inspectors, known as New York’s Proudest, and supervisors. Anti-hustler operations launched from the new facility at JFK Airport have yielded a record 442 seizures of illegal, unlicensed vehicles since its doors opened on October 8 – more than five times the productivity level experienced during the similar period last year.

We continue to maintain a broad based enforcement presence at LaGuardia Airport as well, with efforts there yielding 192 seizures this fiscal year. There were more than 800 seizures of illegal hustler vehicles fiscal year to date (starting July 1) at both airports. There have been a total of 4470 seizures of unlicensed vehicles performing illegal for-hire activity citywide this fiscal year.

Further enhancing the TLC’s enforcement efficiencies, the agency’s recent contract with Knights Towing allows field officers to focus fully on operations rather than on paperwork and the transportation of seized vehicles.

The contract also includes the auction of vehicles that aren’t redeemed in a timely manner by violators resulting in fewer repeat offenders turning up on the TLC’s “hook.” As of late October, 509 vehicles have been auctioned.

The New York City Taxi and Limousine Commission (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 limousine regulatory body in the United States.

ALL 6,000 STREET HAIL LIVERY (SHL) PERMITS AVAILABLE FOR ISSUANCE IN THE FIRST YEAR HAVE BEEN SOLD

The TLC is now accepting wait list appointment requests for the Street Hail Livery (SHL) permits that can be sold in Year two (2). Year two (2) of the Street Hail Livery program will begin on June 6, 2014. Permits will continue to be issued on a first come, first served appointment basis. The license fee for permits issued in Year two (2) is $3,000.00 for either a Wheelchair Accessible or non-Wheelchair Accessible permit.

To have your name added to the wait list for an appointment to purchase a Year two (2) Street Hail Livery permit please follow instructions below:

Street Hail Livery - Transaction Appointment Form

An applicant who wants to purchase a Street Hail Livery must put his/her name on a wait list via the Street Hail Livery Permit Appointment Wait List Form. Permits will be issued on a first come, first served basis. Please note all permits will cost $3,000. TLC will begin scheduling in June 2014.

Please choose CAREFULLY on the Street Hail Livery Permit Appointment Wait List Form the type of permit you would like to purchase. Your application will not be accepted if an incorrect appointment has been chosen and your appointment will have to be rescheduled.?

After the appointment request is reviewed, the TLC will then schedule an appointment time for the applicant, and an appointment confirmation form will be e-mailed to the applicant. You MUST provide a valid e-mail address or the TLC will NOT be able to contact you. The TLC is not responsible for non-deliverable e-mails.

Applicants are responsible for bringing a copy of the appointment confirmation form with them to their scheduled appointment, in addition to the completed application package and all required fees. The applicant will not be seen if he/she does not bring the appointment confirmation form with them.

IMPORTANT: ALL Street Hail Livery Permits MUST be affiliated with a licensed Base that holds a Street Hail Livery Base Endorsement in order to operate a Street Hail Livery.
You may purchase a Street Hail Livery License without knowing to which Base you will affiliate your vehicle at the time you purchase your permit but you MUST affiliate with a properly licensed Base before operating.

The Base to which you will affiliate your Street Hail Livery License will request an appointment to file the affiliation paperwork if you do not file it when you file the application.

Twenty (20) percent of each year’s permits must be reserved for use with wheelchair accessible vehicles. Grants for the purchase or conversion of a wheelchair accessible vehicle are available to those who meet eligibility requirements.

Using the links provided on the New York City Taxi Limousine website, you can download SHL applications and checklists, request an appointment to submit an application to the TLC, apply for an accessibility grant, and learn about the rules and regulations pertaining to the SHL service.

STREET HAIL LIVERY PERMIT APPLICATION REQUIREMENTS AND CHECKLIST

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

SHL Permit Application Forms | Free Owners Guide PDF

www.ownersguidefree.com/shl-permit-application-forms-pdf

© 2014 TLC Magazine Online, Inc.