December 13, 2016

By Alexis Grenell
(917) 327-1180
alexis@pythiapublic.com

 

Upstate Drivers and Riders Deserve Same Protections as NYC

Uber plan to expand Upstate, while avoiding basic protections for riders, and drivers would imperil public safety for New Yorkers

“We want Uber to thrive, but New Yorkers also need to be protected. There is no reason we can’t do both.”

As Uber advances its plans to expand upstate, New Yorkers expect that ride hailing apps would adhere to the same safety standards and driver protections currently in place in New York City. Yet Uber is trying to get out of this basic obligation by proposing to start its own workers’ compensation fund – under private control – which would not offer sufficient protections for riders and drivers.

As a matter of New York State law, Uber currently is required to provide drivers with workers’ compensation insurance, unemployment benefits, safety training and support services as a member of the award winning, state regulated Black Car Fund. The Fund insures that both drivers and riders enjoy the highest professional standards.

However, in the last legislative session, Uber attempted to get out of this common sense requirement which all black car dispatch bases statewide must meet.

“Uber is an ambitious company with big plans, but the company’s continued success cannot come at the expense of its customers or the real life people who drive for it. Upstate New Yorkers deserve the same protections that exist in New York City for a safer ride,” said Ira Goldstein, Executive Director of the Black Car Fund. “We want Uber to thrive, but New Yorkers also need to be protected. There is no reason we can’t do both.”

In order to expand, Uber must:

1. Mandate fingerprinting as part of any criminal background check to protect riders. Uber agreed to fingerprinting for its New York City drivers but refused to do so in Austin, Texas, pulling out instead. Convenience is not more important than rider safety, and Uber continues to be plagued by frequent news reports about its drivers sexually assaulting female passengers.
   
   This should be a major concern as Uber markets itself on college campuses where Governor Cuomo has made a concerted effort to address rape statistics. New York City riders know that when they step into an Uber, their driver has been fully vetted for their protection. Upstate riders deserve the same peace of mind.
   
   
   
2. Remain part of New York State’s mandated workers’ compensation fund and continue to provide drivers with workers’ compensation insurance, safety training, and support services. An independent analysis by Oliver Wyman Actuarial Consulting Inc.* found Uber’s proposed fund to be economically unsound, concluding that it would result in “gross under financing.” Drivers cannot work without a minimum standard of protection, but the Black Car Fund goes even further to encourage a safe and healthy work force through its Wellness Program which includes:

I Healthy Driving

• Instructed by our Driver Wellness Coach,
  
  
• Address issues of driving in NYC, and the affect it has on the drivers,
  
  
• Plan to take positive steps to correct behaviors and habits that cause these problems,
  
  
• Receive instruction on posture, start movements, exerciseand stress reduction,
  
  
• “Refueling break”- healthy refreshments including nuts, high protein snack and mineral water.

II Hands Only CPR

• Partnered with New York Presbyterian Hospital/Weill Cornell’s Heart Institute,
  
  
• Teach drivers to preform HandsOnly CPR in case of emergency.

III Share the Road

• Partnered with Bike New York,
  
  
• Reinforce drivers’ sense of responsibility to provide leadership as the most responsible and professional team of drivers on the roadways of NYC,
  
  
• Awareness for cyclists and pedestrians.

BCF Wellness STEP 2016

• AMBER Alert training in conjunction with the New York State Police Department,
  
  
• Educate drivers on how to register to receive text message AMBER Alerts, as well as the steps drivers can actively take upon receiving the notification that an AMBER Alert has been issued.

Background about the Black Car Fund

The New York Black Car Operators’ Injury Compensation Fund was created by statute (Chapter 49 of the laws of 1999) for the sole purpose of providing Workers’ Compensation coverage to Black Car operators in the state of New York. The statute was signed into law by Governor George Pataki in May 1999.

On October 1, 1999, the billing, collecting and remitting portion of the statute took effect. On January 20, 2000, workers’ compensation coverage for drivers affiliated with member bases took effect. In later years, our company adopted a shorter title and, while we still have the same official title, we are widely known simply as The Black Car Fund.

The statute covers all drivers of The Black Car Fund member bases in the state of New York, although 98% of the companies are based in the greater New York City Metropolitan area. Bases must become members of The Black Car Fund if they meet the criteria outlined in the statute meaning they cannot own more than 50% their vehicles and must do a minimum of 90% of their business on a non-cash basis.

Black Car and limousine companies operating outside of New York State are also required to become members of The Black Car Fund if they do work in the state of New York and if they meet the criteria outlined in the statute. The Fund derives its income from a 2.5% surcharge which is billed and collected by member bases from their clients and then remitted to The Fund.

Today, the Fund has approximately 300 member bases and collectively there are more than 33,000 affiliated drivers covered by Workers’ Compensation.

* The study, Observations Regarding Proposals for a TNC Fund by Oliver Wyman Actuarial Consulting, Inc. can be seen on the TLC Magazine website following this article on January 1, 2017: www.tlc-mag.com