COMMISSIONER’S LETTER

By New York City Taxi and Limousine Commission Commissioner/Chairman David Yassky

An unfortunate but interesting story came out of the administrative tribunal at the Office of Administrative Trials and Hearings (OATH) this week. Some months ago, a longtime driver with a somewhat spotty violation history had a career defining experience. He stopped in front of a restaurant, and a passenger got into his taxicab after waving to his group of friends who were still chatting. Without getting into exhaustive detail, what transpired next was as follows.

Approximately 10 minutes after the passenger entered the taxicab the driver exited the vehicle to engage the passenger through the rear window. Ultimately, the verbal exchange between the driver and passenger culminated in the driver’s reaching into the backseat and violently hurling the passenger from the vehicle into the street. The passenger, who thankfully was not seriously injured by the action, said that he tried to return to the back seat to retrieve his lost shoe, and remained at the scene because he wanted to hold the driver there until the police arrived. A few moments later, however, he exited the vehicle and the driver left.

For his part, the driver testified that the passenger was drunk and disorderly, was unintelligible with regard to the requested destination and vomited on himself and, to a small extent, in the vehicle, and that ultimately he had no choice but to expel the passenger.

How do we know all of this? As so many things are today, these events were captured on the restaurant’s security camera, and subsequently secured by our investigators for the OATH case.

Here’s the thing, though…..if it was indeed true that the passenger was drunk and disorderly the TLC’s rules totally supported his refusing to serve such a passenger!

54-20 (b) Justifications for Refusing Passenger. The following are permitted reasons for refusing to transport:

(9) The Passenger is disorderly or intoxicated. (CAUTION: Drivers must not refuse to provide service solely because a disability results in annoying, offensive, or inconvenient behavior.)

There’s a big difference between someone who has a drink or two and makes the very responsible decision to avoid getting behind the wheel by taking a taxicab home, and someone who is drunk and disorderly and is not in control of himself. The TLC’s rules recognize this, and support the fact that no taxi driver should have to deal with someone who is not in control of himself.

So, in the understanding that taxi drivers have a difficult job and at times must deal with difficult passengers, and must therefore sometimes make difficult decisions, there are some decisions that shouldn’t be difficult. As I said to a reporter the other day about this, about 600,000 people a day take taxicabs and generally receive excellent service with only a handful of complaints.

Incidents that stand out as this one did are far rarer. But that said, the teachable moment here is that no taxi or for-hire vehicle driver should ever, EVER, resort to violence. Clearly, what this driver should have done is call the police. In the moment that this regrettable incident occurred, this driver went from potential victim, with the support of our laws and rules, to aggressor and violator. This week, that driver’s TLC license was revoked for his unacceptable behavior. An unfortunate but necessary outcome.

Moving on……let’s take a moment to discuss another topic that’s on quite a few minds this week, and that is “apps.” So, here’s the thing, the industries we regulate have benefited greatly from new technology over the years, so much so that there are those who say that the advent of credit card technology in 2007/2008 saved the taxi industry during the recent economic downturn.

In the world of ground for-hire transportation, technology has evolved particularly rapidly resulting in a very tangible transition, from custom made solutions to the question of how to enhance business for the provider and availability for the user, to a more off the rack approach. In other words – apps.

So, here’s our approach to this in a nutshell. We believe apps may well help passengers find taxis more easily, and we know that at least some members of the riding public are becoming increasingly reliant on technology for their transportation needs. So, while our rules and our contractual obligations do not support apps at this moment, we are hard at work on draft rules to fully embrace them. We hope these draft rules will be the subject of a public hearing in late November.

The goal is to create a set of rules that protect the consumer, and create a level playing field for app developers who want to do business here in NYC. In any event, we expect that apps will be ready to jump into New York City’s welcoming business pool sometime in February when our exclusive contracts with several tech providers expire. Great news for drivers, great news for passengers!

Last, but certainly not least, we recently graduated another new class of inspectors – 14 new inspectors for Enforcement, and two new inspectors for our Safety & Emissions division. Our troop strength is now higher than it has been in decades and it shows.

Our summonsing and seizure activity is now such that it is having an undeniable impact on the illegal poachers who threaten our legitimate operators as well as the safety of the riding public. It’s a challenging and even sometimes dangerous process, and we often face very real resistance from illicit drivers. They are realizing in greater numbers that the tide is turning against them.

In one unfortunate recent incident, a driver attacked Deputy Chief Israel Ramos with a screwdriver, and the Chief took a few serious blows before the driver was subdued. We are supremely grateful that he is recovering nicely. Indeed, he didn’t miss a single day in the field which will not surprise anyone who knows this particularly fine example of a dedicated TLCer!

This incident and, unfortunately, there have been others, was a reminder that our important work asks a lot from our Enforcement officers. They have shouldered the task admirably. Thanks, New York’s Proudest. We’re proud, too!

Until next time, be well and stay safe!

Photo: Elena Michaels

© 2013 TLC Magazine Online, Inc.