INDUSTRY IN REVIEW

By Don McCurdy

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Well, the first few days haven't gone well. New York City's plan for taxicab sharing hasn't fared, pun intended, well thus far. Personally, I think there are just enough creeps out there to make me not want to get into a cab with someone whose hands aren't on the wheel. But hey, that's just me.

Along with few passengers there were reported to be few cabs for those passengers who did show up. As a driver I'm not real sure I would want to sign on for a bunch of $4.00 flat rates. Where's the adventure in that? Part of the fun of driving was never knowing where the next fare was going to take you. If you're going to be a $4.00 shuttle driver you may as well have a regular job. The program might turn out to be hugely popular, but I wouldn't be involved on either end.

Okay, so it's not Robin Hood.

Ocean City, Maryland is reported to have discovered what other cities already know, you can steal from the poor. The city decided to sell taxicab medallions to anyone who wanted to own one with existing drivers and companies having first chance. Only government could just up and charge you $1500 while pretending to sell you something you already had, a job.

As if by magic the city produced 160 "assets" to sell to drivers and companies already in the very business they were buying a license to be in. I wonder what the outcome would have been if the city had demanded that every small independent business pay $1500 to be in business? I guess they shouldn't whine. My small business pays that every week to the feds in payroll taxes. So, if the city enforces the new regulation does that mean that the regulation would protect the medallion driver's business? I get it, the $1500 is for protection. Fuhgetaboutit. I guess they're lucky it's not $1500 a week.

It's important to keep an open mind.

Dr. Stanton E. Samenow is reported to have said that his first appearance testifying for the defense in forty years shows that he has an open mind. Imagine that, after forty years of testifying for the prosecution the good doctor finally found someone who was insane at the time of the crime.

Doc says Evan D. Gargiulo was insane when he shot taxicab driver Mazhar Nazir in the back of the head. Now, I have to admit that I wasn't present during testimony at the trial, but the doctor getting paid $25,000 by the defense and not being able to actually name the mental condition Gargiulo was suffering from just might have affected his credibility a teeny weenie bit.

The jury took all of six hours to convict Gargiulo, so perhaps the 25k wasn't money well spent. The article failed to mention if the doctor managed to keep a straight face while sharing his new found open mindedness. I have been asked a couple of times to consider being an expert witness, but I can see now that I'm just not qualified.

When you don't know, just make up some stuff.

I recently read a blog by Mario Rizzo regarding tipping taxicab drivers. To say that most of the comments were gibberish, I believe, would be an insult to gibberish. It is my own contention that sometimes we think so hard about simple subjects that we sustain internal brain injuries which we just can't seem to notice in ourselves. Now, don't get me wrong, I'm not saying the man is an idiot, I'm just saying that my experiences and his don't match up well. It's just that for me a tip is a reward for superior service.

As a former driver and driver trainer I am extremely critical of driver behavior and will or won't tip based on that behavior. If you show up promptly (in those situations where I must call a dispatcher) and your vehicle is clean and in good repair you are in the plus column already. Be friendly, polite, reasonably dressed and informative and your stock is on the rise.

If you want nothing, no tip, here is a list of zip tips:

• Drive like a fool.
  
  
  
• Talk the entire time on your cell phone.
  
  
  
• Pretend I'm not in the car.
  
  
  
• Feed me that lame story about your credit card machine being down.
  
  
  
• Swear at the other cars.
  
  
  
• Try to sell me something, anything.
  
  
  
• Make comments about other races.
  

I've heard plenty of stories about great tips, and I've even received a few, but as a driver I never expected a tip. If I got one that was great, but the expectation wasn't there. I once had a driver tell me he hated "acting like a trained monkey for tips" and that is just how some drivers view the entire process. Providing a better experience for passengers isn't exactly "acting like a trained monkey," nor should it be ignored.

You can not defend or justify a cheapskate.

Engage brain, open mouth.

Operating a big city Taxi and Limousine Commission must be a lot harder than it looks on paper. I mean, hey, every month there is something out of the NYC TLC that makes you ask yourself if they have a department that is in charge of intentionally embarrassing the commission or if they just look for ways to traumatize the local industry. Do you think a reasonable investigation by the mayor and industry into what fare reports mean before blasting it out to the papers would be too much to ask?

Did somebody get fired for accusing NYC taxicab drivers of cheating the public out of $8.3 million or did they just say, "oops, sorry, you're all not a bunch of lying cheats after all?" Isn't there some kind of fact check operation that you go through with the raw data to discern what it means before publishing it? Beyond that, whose idea was it to have a meter that can charge different fares at the press of a button?

Perhaps, the city council should shorten the term limit for head of the TLC. Oh yeah, they're appointed by the mayor.
I wonder if the TLC can figure out how much the taxi riding public pays extra each year for the one time payment the city got selling medallions? Probably not.

If you thought the Mafia was bad.

A city once reputed to be mob run, Las Vegas, has now got some real problems. Yep, that's right, the IRS. It seems the Criminal Division of the Internal Revenue Service has conducted an investigation into the strip clubs paying taxicab drivers to bring suckers, er customers, to the clubs. The IRS is now wanting the strip clubs to file 1099's on drivers the clubs have paid. Uh oh. It would appear that the taxicab driver's seat on the Las Vegas gravy train has just come to an end. Let's see, what would be the penalty for failing to disclose your full income to the IRS on your now fraudulent income tax return? I've long believed they should have stuck to transporting passengers.

Keep trying, you'll get one.

It's been reported that the Boston Police Hackney Unit has been conducting a sting operation on the taxicab drivers there using a folding wheel chair. Well, apparently the unthinkable has happened. The taxicab drivers are picking up the wheel chair riding officer without any drama. What? How can this be? Well, let me tell you how it can be.

Most taxicab drivers are just working stiffs with a reasonable level of honesty. Yes, of course there are those bad apples that everyone seems to have a story about, but my personal experience has been that taxicab drivers work hard and are just looking for a fair shake. I've conducted countless "service checks" on companies I have managed and the overwhelming majority of drivers took care of their business in a professional and competent manner. The amazing part of the story for me was that it was a story. It's sad to think that those few drivers who do misbehave make a man bites dog story out of taxicab drivers doing the right thing. Kind of makes you wonder why a congressman with $95,000 in cash in his freezer was a story. Maybe it was because it was only $95,000.

What was that fundamental reason again?

Let's start at the beginning. The primary reason that municipalities regulate the taxicab industry is public safety. Yes, big and small cities have used the industry as a bit of an ATM machine of late, but the primary reason is public safety. With that in mind can you explain to me how exactly it is that being a convicted sex offender doesn't keep you from getting a taxicab license in Shreveport, Louisiana?

Yes, I've read the CYA stories from the Chief of Police and the company owner. The Chief was kind enough to point out that they followed the ordinance when licensing the accused murderer of a twelve year old boy. Followed the ordinance? Did anybody happen to mention to the regulatory body that you had registered sex offenders getting licensed? The Chief was also kind enough to report that the city didn't "hire" the sex offender. So, who did hire the sex offender?

Well, according to one article David McFarlin, the owner of Action Taxi, did. McFarlin is quoted as saying "It says on his driver's license he's a sex offender, but when he goes over to the Shreveport Police Department they say he's good to go. And I can't discriminate. Our hands are tied at that point." Well Dave, you and I both know that's not true now don't we? You can contract or not contract with whoever the hell you please in the taxicab industry, Dave, that's what independent contractor is all about. You're out on a limb here Dave and this is one father/grandfather that hopes you get it sawed right off for you. When collecting a lease becomes more important than the safety of the community you've got your priorities a little out of whack, Dave. Best be getting a lawyer, Dave.

The real question is who pays.

Philadelphia taxicab drivers are reported to want workers comp insurance. Great, let's do it. Well, now, hold on a minute. It's not quite that simple. At the root of the question is whether taxicab drivers are independent contractors or employees. If you want to start a real donnybrook in the taxicab industry just bring up all of the drivers converting to employee status and see how fast the shouting starts.

There are certainly pros and cons for both sides of the argument, but workers comp isn't what I'd call a show stopper. Drivers can already purchase whatever insurance they please. Nope, the real deal is conversion to employee status. There are certainly drivers who want to convert to employee status, but there are also drivers who like independent contractor status. What I haven't seen is a rush to open employee driver taxicab companies.

The practical reality is that attempting to control the behavior of taxicab drivers is an onerous task. GPS and computerized dispatching can improve the company's ability to regulate driver behavior which, in my opinion, would require additional staffing. One of the attractions of the taxicab industry is the freedom that goes along with driving. Working your own hours, days, nights, weekends has always been an attraction.

There are those who see employee status as a panacea, I am not one of them. Converting the drivers to employee status will no doubt alter the industry in a radical way. I doubt the drivers understand the unintended consequences of the conversion, but all that remains to be seen.

If you have any comments regarding this or any of my articles please feel free to contact me at dmc@cmcauto.net. —dmc

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