INDUSTRY NOTICE #14-31

FASTER TLC DRIVER’S LICENSE PROCESSING

Apply for a New TLC Driver’s License Online or Make your Renewal Payment Online

The New York City Taxi and Limousine Commission (TLC) would like to remind all new and existing licensees of the option for online application processing through TLC’s License Application, Renewals and Summons Payments (LARS) system.

Should you need access to a computer you can visit your local library branch where Internet access is free for all. Potential licensees can submit new driver applications online. Current licensees can also submit license renewal payments through LARS.

To use this online system for a new application you must have:

• a valid e-mail address,
  
  
• a valid checking account, credit card or debit card,
  
  
• a DMV license and a Social Security Number,
  
  
• access to a printer.
  

To access the online system for a renewal application you must have:

• your current TLC license,
  
  
• your DMV license number or your Vehicle Identification Number for Driver of Vehicle Owners,
  
  
• access to a printer.
  

An emailed receipt of all transactions will be sent to the email address you provide. Additional benefits of applying for a license through LARS are:

• Faster processing times than paper applications,
  
  
• Applicants able to receive email correspondence regarding their application.
  

For complete instructions on how to submit an application online through LARS, please visit:

http://www.nyc.gov/html/tlc/downloads/pdf/tlc_lars_user_guide.pdf

You can access the online application at:

https://www1.nyc.gov/lars/.

Upon submission of your TLC Driver’s License application, TLC staff will do an initial review of your application. You will then be notified via email if additional information or clarifications are needed or, if not, that you are ready to come to our Licensing facility to be fingerprinted, no appointment necessary.When you come in you will be required to bring:

• Payment Receipt,
  
  
• Printed copy of your online application,
  
  
• Part B of the Driver License Application,
  
  
• All additional requirements listed on the checklist and instructions.

INDUSTRY NOTICE #14-32

TLC APPROVES LYFT’S PURCHASE OF BLACK CAR BASE ATLAS TRAVEL & LIMOUSINE, INC.

On July 25, 2014, the New York City Taxi and Limousine Commission (TLC) approved Lyft’s purchase of a Black Car Base, #B02510, Atlas Travel & Limousine located at 6804 5th Avenue in Brooklyn. As such, Lyft is authorized to provide dispatching services to NYC passengers in compliance with TLC’s Rules and using TLC licensed drivers and TLC licensed vehicles.

TLC publishes lists of currently licensed bases, vehicles, and drivers on its website at the following location:

http://www.nyc.gov/html/tlc/html/industry/current_licensees.shtml.

Passengers can check these lists to ensure that the drivers and vehicles being dispatched by TLC licensed bases have undergone the rigorous safety and emissions inspections and drug and background checks necessary to obtain a TLC license.

STATEMENT FROM A.G. SCHNEIDERMAN & SUPERINTENDENT LAWSKY ON AGREEMENT WITH LYFT

NEW YORK – On July 25, 2014, Attorney General Eric T. Schneiderman and New York State Superintendent of Financial Services Benjamin M. Lawsky released the following statement on their agreement with Lyft. In the agreement entered into, Lyft has agreed to operate in New York State in full compliance with existing laws and regulations.

The company has launched in New York City with commercial drivers only and will operate in a manner that is consistent with existing laws and regulations. In addition, the company suspended its operations in Buffalo and Rochester on August 1, 2014, and has committed that it will work with the State so that any future business it undertakes in New York is in full compliance with the law.

"We are pleased that our offices have reached an agreement with Lyft. We are firmly committed to the notion that regulators can work constructively with companies so that new ideas can come to the market and that smart regulation should create an environment where innovators can compete.

Lyft's launch in New York City, in full compliance with laws and regulations, is proof positive of this principle. We will continue to work with Lyft so that any future business it undertakes meets that standard and protects consumer safety. We look forward to exploring solutions that enable companies in the sharing economy to operate and thrive throughout New York State."

INDUSTRY NOTICE #14-33

UPDATE TO INDUSTRY NOTICE 14-23: TLC DRIVER’S LICENSE REQUIREMENTS TO OPERATE STREET HAIL LIVERIES (BORO TAXIS)

On May 22, 2014, TLC issued Industry Notice 14-23 reminding licensees that in order to operate a green Street Hail Livery (SHL) vehicle, a driver must have a Valid Taxicab Driver’s License, Paratransit Driver’s License for Accessible SHLs only, or been issued a For-Hire Vehicle (FHV) driver’s license on or before July 1, 2013.

At that time, the TLC implemented a 60 day grace period for drivers who did not meet this criteria. This grace period was intended to allow them to apply for and complete the process to obtain a Valid Taxicab Driver’s License or Paratransit Driver’s License for Accessible SHLs only in order to comply with TLC Rule §54-04.1.

Similarly, on June 9, 2014, the TLC sent letters to all Wheelchair Accessible (WAV) permit holders, as well as Accessible SHL drivers that were operating Accessible SHLs without the required training, reminding them that drivers of Accessible SHL vehicles must complete an approved training course on wheelchair passenger assistance in order to operate an Accessible SHL. Drivers holding Valid Paratransit Driver’s Licenses are exempt from this requirement.

TLC also implemented a grace period for drivers who did not meet this criteria to allow them to complete their wheelchair assistance training course by August 19, 2014 in order to comply with TLC Rule §54-04(n).

At this time, TLC is extending the grace period for both requirements through December 31, 2014. During the grace period, drivers with FHV driver’s licenses issued after July 1, 2013 may continue to drive an SHL and no summons will be issued. Drivers of Accessible SHL vehicles can continue to operate those vehicles without completing an approved training course on wheelchair passenger assistance. However, starting on January 1, 2015 the LPEP system will lock out all ineligible drivers and they will be unable to operate an SHL without the appropriate licensure and/or training.

INDUSTRY NOTICE #14-34

IMPORTANT UPDATE ON DISPATCHING NON-AFFILIATED VEHICLES

The New York City Taxi and Limousine Commission (TLC) needs to be able to identify the vehicle operator in each trip provided by one of its licensed vehicles:

• For vehicles with in-vehicle technology (Yellow Taxis and Street Hail Liveries), TLC does this through TPEP and LPEP electronic trip records.
  
  
• For for-hire vehicles (FHVs) without that technology, the TLC can typically identify the operator by finding the vehicle’s license plate number in TLC records determining the FHV base with which it is affiliated and reviewing that base’s dispatch records.
  

FHV bases are permitted under TLC rules to dispatch non-affiliated vehicles of different classes so long as the passenger is notified. At present, there is no requirement that the base with which the vehicle is actually affiliated be notified of this dispatch and there is no prohibition on cross-class dispatches (e.g., a Black Car base dispatching a Livery vehicle).

It has, however, been the longstanding general practice in the FHV industry for bases not to dispatch vehicles across classes and to dispatch another base's vehicles only with the consent of the vehicle's affiliated base.TLC has recently received multiple reports, and has confirmed through its own operations, that mobile dispatching technologies are facilitating cross-class dispatches and are dispatching other bases' affiliated vehicles without notification of the vehicle's affiliated base.

TLC has a commitment to ensuring that its licensed drivers are the safest on the road. As well, it is committed to ensure that passengers of New York City’s for-hire transportation services have a viable avenue for redress of consumer complaints, including overcharges and refusals, while promoting consumer choice and innovative technology. To accomplish this, the TLC must tighten its rules governing dispatch of an FHV so that TLC can identify drivers who are behaving unsafely or violating consumer protection rules.

The proposed rules will require a base dispatching a vehicle affiliated with another base to provide the trip record of the dispatched trip to the vehicle's affiliated base. Transferring trip records will enable the TLC to accurately identify the driver of an FHV on any particular trip which is necessary for safety, enforcement, and ensuring consumer protection.

Additionally, a passenger is entitled to a binding fare quote on a Livery trip but not on a Black Car trip. To eliminate confusion over fare structure when the base of one vehicle class dispatches a vehicle of another, the proposed emergency rules will also limit the vehicles to which a base may dispatch vehicles of the same class as the base dispatching the vehicle. For example, a Black Car base may only dispatch to vehicles affiliated with other Black Car bases.

The emergency rules were scheduled for Commission action on August 7, 2014. Upon approval, they will remain in effect until the earliest of the adoption of permanent rules or 120 days.

TLC AND A.G.’S OFFICE TEAM UP TO PROTECT DRIVERS’ RIGHTS

Investigation Resolution Yields $1.6 Million Plus in Driver Restitution and Penalties

New York City Taxi and Limousine Commission (TLC) Chair/Commissioner Meera Joshi and New York State Attorney General Eric T. Schneiderman announced on August 14, 2014 the successful resolution of an investigation of allegations that Yellow Cab SLS Jet Management Corp. had overcharged drivers leasing their taxicabs in excess of the TLC’s lease cap rules. As a result of the joint TLC/O.A.G. investigation’s findings, SLS Jet has now paid:

• $1,387,500 in restitution that will be restored to victims,
  
  
• plus an additional $250,000 in penalties to both TLC and O.A.G.,
  
  
• plus $25,000 that would be used to defray the costs of monitoring the company’s future compliance with TLC rules.
  

This investigation and its resolution is the second product of an ongoing close collaboration between the TLC and the O.A.G. to protect the consumer rights of taxicab drivers.

“Taxi drivers are among the hardest working New Yorkers,” said TLC Chair Meera Joshi, “and the resolution of this case, including the recouping of over $1.39 million in restitution for victimized drivers and their families, sends a powerful message to anyone considering this kind of abuse that it will not be tolerated.

The Attorney General’s Office and the TLC are fully and jointly committed to putting an end to this, and other forms of abuse where monies rightly belonging to drivers are illegally withheld, and drivers can feel confident that we will investigate every credible allegation we see.”

“Every worker in New York deserves an honest day's pay for an honest day's work, and taxicab drivers are no exception," said Attorney General Schneiderman. “With most cabbies already struggling to make ends meet, our agreement will put money back in their pockets and will prevent this company from cheating drivers out of their hard earned wages. Working with Commissioner Joshi and the TLC, we will continue to vigorously enforce lease cap rules and ensure that all taxi companies follow the law and respect drivers’ rights."

The TLC’s Lease Cap rules ensure that the costs associated with the operation of yellow medallion taxicabs by taxi leasing agents, of which SLS Jet is one of 62, are fairly shared with drivers who are their customers. Drivers pay the lease fees which range from $105 to $132 per 12 hour shift for those who lease by the day, prior to starting their shifts, with their day’s earnings going to recoup lease fees and other expenses such as fuel and taxes.

The first investigative collaboration with the A.G.’s Office culminated in a December 2013 settlement with four taxi lease agents in which these agents had overcharged drivers for taxi leases. The parties in that case paid almost $750,000 in driver restitution, and $500,000 in penalties.

"The drivers who came forward are the heroes who forced cap enforcement practices in the industry. They took on retaliation and harassment in the name of justice and today they have triumphed,” said NY Taxi Workers Alliance organizer Bhairavi Desai.

“Given that a driver who overcharges a passenger by $10 loses his/her license and faces prosecution for multiple offenses, the SLS Jet owners should be relieved for not facing criminal charges. We thank the leadership of A.G. Schneiderman and the Labor Bureau and TLC Chair Joshi and her prosecutors for staying the course and sending the message that drivers’ economic rights will be protected.”

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.

To find out more about the TLC, or to review its rules, regulations and procedures, we encourage you to visit our official website at WWW.NYC.GOV/TAXI or call 311 in New York City, or 212-NEW-YORK from outside of New York City.

© 2014 TLC Magazine Online, Inc.