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Posts from the "Taxi and Limousine Commission" Category

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TLC Still Has No Plan to Require NYC Road Tests for Taxi and Livery Drivers

The Taxi and Limousine Commission will close a loophole that allows livery drivers to operate with less training than yellow cab drivers, but the agency still has no plans to require road tests on actual New York City streets for any of the drivers it licenses.

The TLC has the power to license and train tens of thousands of professional drivers who set the tone on city streets: There are more than 40,000 licensed yellow taxi drivers and more than 70,000 people licensed to drive livery cabs, black cars, and limousines in New York City. But only yellow cab drivers have to pass the TLC exam before they can operate on NYC streets.

The TLC’s training double standard is now set to come to an end, requiring all for-hire drivers to pass the same test. Advocates applauded the move at a hearing today and pushed for additional steps, but TLC chief Meera Joshi still wouldn’t commit to requiring cabbies and livery drivers to take road tests in New York City to obtain a license. The current rule allows for-hire drivers to operate in NYC even if they took a road test elsewhere in the state.

“In the age of Vision Zero, improving education and certification standards for TLC-licensed drivers should be a no-brainer,” Michael O’Loughlin, campaign organizer for Cab Riders United, told commissioners. ”All New Yorkers deserve the same standards of safety [from drivers]… no matter what color car they drive, no matter what neighborhood they serve.”

Under the proposed changes, TLC’s “taxi school” curriculum, which includes classroom time and a written exam, will be extended to anyone looking to get a TLC license, not just yellow and green cab drivers. The expanded taxi school would not, however, include an on-road test.

Drivers seeking a TLC license must already have a for-hire license from the state DMV, which requires an initial on-road test. But TLC does not have any control over the quality of the state’s training, and the state DMV test can be administered on streets that differ enormously from the crowded, complex conditions in New York City.

“I’m stunned to see that the new proposed rules will still not require drivers to take a taxi-specific road test,” said Dana Lerner, whose 9-year-old son Cooper Stock was killed by a taxi driver last January. At the end of her testimony, Lerner turned to TLC Chair Meera Joshi. “Could you respond to why there is not a test with cab drivers in New York City, why you can go and get a license in upstate New York and then just drive in New York City without ever having driven in the city before?”

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Dana Lerner: Cy Vance Botched the Token Case Against My Son’s Killer

The cab driver who killed Cooper Stock is scheduled to be back in court in two months, thanks to what Stock’s mother Dana Lerner termed “inept” handling of the case by Manhattan District Attorney Cy Vance’s office.

Meanwhile, Koffi Komlani’s apparent defense — that weather was to blame for the crash — is the same excuse Manhattan prosecutors gave Lerner for not pursuing a criminal case.

Cooper Stock

Cooper Stock

Komlani went before a judge this morning to answer a summons for careless driving, the only charge issued to him after the January crash. Though Komlani hit both Cooper and his father, Richard Stock, as they crossed an Upper West Side street in the crosswalk with the right of way, Vance filed no criminal charges.

Today prosecutors added a summons for failure to yield. Komlani is fighting the tickets, so the case was continued. By the time Komlani is back in court to contest the two traffic summonses, it will have been 13 months since the crash.

Lerner released a statement today, via Transportation Alternatives:

Obviously a failure to yield violation should have been issued to the driver who killed my son, Cooper. It is unbelievable that the ticket was not presented to the driver at the scene when he killed Cooper. My persistence has led to heightened attention to the need for justice in this case — it should not be up to the loved ones of victims to ensure that the justice system does its job. Now my family must endure even more heartache as we wait for February when the driver will be in court again related to this long-overdue charge. Both the NYPD and the district attorney, at the very least, owe me a public explanation for this wrong-doing.

“They’re just so inept,” Lerner told the Post, referring to Vance’s office.

Careless driving carries a maximum penalty of up to 15 days in jail, a fine of up to $750, a license suspension of up to six months, and a drivers’ ed course. The minimum is no penalty. Outside the courtroom, Komlani’s attorney Raymond Colon said Vance has offered Komlani a license suspension and a fine.

Colon said there is video of the crash, but neither he nor Komlani have seen it. ”It was dark,” Colon said. “The weather may have been a little inclement, and there may have been a lot of traffic.”

Lerner told Streetsblog during an interview last summer that, in one of their early meetings, a Vance ADA said it would be difficult to make a case against Komlani because “it was raining” at the time of the crash.

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Vision Zero Year One: An Early Assessment

New York’s transportation reform and traffic safety movement notched huge wins when mayoral candidate Bill de Blasio adopted Vision Zero as part of his platform in 2013, and again this year when the new mayor put the policy into action within days of taking office. Vision Zero created a policy rubric for the de Blasio administration to develop its own legacy of transformative street programs after the strong progress of the Bloomberg years, and has galvanized unprecedented interest and support across New York’s political establishment for physical and regulatory changes on city streets. This expanded policy space has generated progress on difficult issues like expanded camera enforcement and speed limit reduction.

Mayor Bill de Blasio has made substantial progress on the legislative agenda for Vision Zero, but Police Commissioner Bill Bratton disengaged from the street safety initiative in its first year. Photo: Clarence Eckerson, Jr.

The policy has also afforded Mayor de Blasio opportunities to show his leadership mettle and political touch. Anyone who wondered about the new mayor’s style was given an impressive demonstration when de Blasio took the unforgettable, emotionally wrenching step of appearing publicly with family members of victims of recent fatal traffic crashes during the first week of his administration, and demanded rapid action on Vision Zero by city agencies.

Now, with the policy well-established and recognized, and key milestones like the recent change in city speed limits enacted, the mayor and his senior managers need to make a clear assessment of the city’s Vision Zero performance and buckle down in several key areas to ensure that the policy generates tangible street safety improvements for New Yorkers.

That’s because New York’s street safety performance in 2014 will be good, but not great. It will be more in the vein of a return to levels seen over the past five to six years after 2013′s major spike in fatalities. It will not represent a marked improvement befitting a city with tremendous expertise in delivering safer streets, operating under one of the world’s most aggressive street safety policies.

If NYC traffic deaths in November and December (often one of the worst periods of the year) are close to those in recent years, the city could close 2014 with 260 or 265 total traffic fatalities. Where 2013 was the city’s deadliest in seven years, a 2014 with 265 fatalities would rank as the third safest year in NYC history. It’s also possible the city is on track to record one of its lowest-ever pedestrian death totals. The lowest total number of fatalities was in 2011, at 249. The lowest number of pedestrian fatalities was 140 in 2007.

Expectations have been raised substantially as Mayor de Blasio and the wider public policy community have embraced Vision Zero. At the end of the year, New Yorkers will ask what city government intends to do not only to match the safety performance of recent years, but to dramatically exceed it.

Everyone from traffic safety advocates to City Hall should resist any notion of falling back on a “wait and see what happens with the lower speed limit” stance regarding Vision Zero in 2015. For one thing, NYC DOT should already know how safety performance has changed on the group of 25 mph arterial slow zones such as Atlantic Avenue, the Grand Concourse, and McGuinness Boulevard, which were inaugurated six months ago. The broader speed limit change will likely have similar or lower impact absent much greater NYPD engagement and/or much broader application of enforcement cameras.

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Surviving a Walk in NYC Should Not Depend on Luck

As far as Bill de Blasio's NYPD and TLC are concerned, this never happened. Image: CBS 2

As far as Bill de Blasio’s NYPD and TLC are concerned, this never happened. Image: CBS 2

The Taxi and Limousine Commission says it doesn’t know anything about a cabbie who drove onto a Midtown sidewalk, hit a pedestrian, and crashed into a building earlier this week. Other than to deflect blame from the driver, NYPD has refused to release information about the crash.

It happened Monday morning. From the Post:

“He [the pedestrian] was literally flying. He fell right here in front of this window,” said Elsa Gomez, 28, who works in Macaron Cafe on East 59th Street near Madison Avenue.

The cab careened onto the sidewalk at around 11:50 a.m. and continued into the front of an eyeglass store, shattering its window.

“It was a huge, scary noise,” said James Escobar, 50, owner of Page and Smith Opticians.

“We were working inside … and we heard a big, huge boom,” Escobar told CBS 2. “I couldn’t even open the door.”

The pedestrian was hospitalized with a leg injury, reports said. “We were lucky,” said Escobar.

NYPD declined to release information about the cab driver or the victim to the press, other than the normal exculpatory statements about the driver. Police told CBS 2 “the cabbie somehow lost control of his vehicle,” and the Post reported that “his license was valid and there were no signs of criminality.”

When I called the department’s public information office, I was told to send an email request. This is NYPD’s polite way of saying “Go away.” I have emailed NYPD many times in seven-plus years at Streetsblog, and have never received a response. We’ll update if we hear back.

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NYC Cab Drivers Don’t Have to Take an NYC Road Test [Updated]


You can watch the entirety of Thursday’s hearing on Taxi and Limousine Commission Vision Zero rule changes here. Cue to the 41:15 mark in the second video, embedded above, to see TLC board members wonder aloud whether reckless driving is protected by the Constitution, and if it’s really that bad to run over and kill someone while taking a phone call.

But first, other news from yesterday:

  • The TLC previewed two stickers meant to improve cab driver safety. As prescribed by Mayor de Blasio’s Vision Zero Action Plan, one will be placed on every taxi windshield to remind drivers when they make turns that “people are crossing.” The second one, which will be optional, is a bumper sticker for cabs that says “Your choices behind the wheel matter.” There was some question as to where on the windshield the first sticker should be placed — Paul Steely White of Transportation Alternatives testified that it should be on the left, but it seems the TLC, in consultation with DOT, has decided to put them behind rear view mirrors. Regardless, while this is surely a well-intended effort, for cab drivers who are oblivious to actual people in front of their vehicles, you’ve got to question how effective a sticker reminding them to pay attention will be.
  • Speaking of stickers, I took a cab ride a couple of weeks ago and noticed there was no partition sticker reminding passengers to watch for cyclists before opening the rear passenger door. I learned yesterday that these stickers are optional.
  • You can get a TLC license without getting behind the wheel of a cab. ”I was floored to learn that cab drivers are not required to do a road test,” said Dana Lerner, Cooper Stock’s mother, during testimony. “How can a professional driver be hired if they have not been adequately tested on the streets of New York City?” TLC Commissioner Meera Joshi addressed other points made by Lerner, but didn’t speak to the road test question, though the Vision Zero Action Plan calls for more extensive driver training. Update: A TLC spokesperson emailed us to point out that in order to get a TLC license, applicants must possess a chauffeur’s license, which is issued by the state DMV and does require a road test.

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TLC Commish: It’s Up to NYPD to Get Reckless Cab Drivers Off the Streets

Dana Lerner, Cooper Stock's mother, before today's TLC hearing, with City Council Member Helen Rosenthal at left. Photo: Brad Aaron

Dana Lerner, Cooper Stock’s mother, before today’s TLC hearing, with City Council Member Helen Rosenthal at left. Photo: Brad Aaron

The success or failure of a Vision Zero law intended to get reckless cab drivers off the road will depend on how often NYPD issues summonses and charges after serious crashes, the Taxi and Limousine Commission confirmed today.

Cooper Stock, 9, was killed last January by a cab driver who failed to yield on West End Avenue. Signed by Mayor de Blasio in June as part of a package of street safety bills, Cooper’s Law allows the TLC to suspend or revoke hack licenses of cab drivers who cause critical injury or death as a result of breaking traffic laws.

The law takes effect Sunday, but as we reported when the bill passed the City Council, since action against a cab driver’s TLC license hinges on a conviction for a traffic violation or a criminal charge, its effectiveness may be severely compromised. Of thousands of crashes annually in which pedestrians and cyclists are injured and killed, NYPD investigates only a few hundred.

At a public hearing this morning on TLC rule changes necessitated by new Vision Zero laws, Dana Lerner, Cooper’s mother, asked TLC board members and Commissioner Meera Joshi how the law would be enforced. Joshi said the TLC “works closely” with NYPD Chief of Transportation Thomas Chan and the Collision Investigation Squad, which according to Joshi has for the past few months contacted the TLC “within minutes” of any serious crash involving a for-hire driver. Upon getting the word from NYPD, Joshi said, the TLC dispatches inspectors to crash scenes.

The problem with this protocol is that it doesn’t necessarily involve CIS, which still handles a tiny fraction of crashes. And even in cases where known information points to driver behavior as the primary cause of a serious crash, CIS investigations rarely result in summonses or charges.

Despite an unprecedented push from the mayor and City Council to reduce traffic violence, NYPD has shown no signs of reforming its crash investigation policies. This is evident in the department’s failure to enforce another new law, known as Section 19-190, that makes it a misdemeanor for a motorist to harm a pedestrian or cyclist who has the right of way.

Since Section 19-190 took effect in August, New York City motorists have killed at least seven pedestrians and injured countless others. To date, no drivers have been reported charged under the law.

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Will NYPD Apply New Vision Zero Law to Cabbie Who Killed Woman on UES?

NYPD has not filed charges against a cab driver who killed a pedestrian on the Upper East Side last week, despite indications that the crash may warrant a misdemeanor charge under a new city law.

The cab driver who killed a woman on the Upper East Side last week may or may not lose his hack license under Cooper's Law. Image: WCBS

The cab driver who killed a woman on the Upper East Side last week may or may not be charged under a new law that makes it a misdemeanor to strike pedestrians and cyclists who have the right of way. Image: WCBS

Available information suggests the cab driver failed to yield to a pedestrian with the right of way. According to press accounts, the 58-year-old victim was in a crosswalk at around 2 p.m. last Friday when the cab driver, who was northbound on Madison, hit her while turning left onto E. 79th Street. The victim was dragged before the driver came to a stop, leaving her pinned beneath the Nissan NV200 cab until witnesses overturned the vehicle, which was still running, to free her.

The woman was declared dead at Lenox Hill Hospital. As of Thursday morning her identity was still being withheld pending family notification, according to NYPD.

The 30-year-old cab driver was not injured, reports said, and his passenger was treated for a head injury at the scene.

“Preliminarily, both of them had the right of way,” an NYPD spokesperson said. This is not possible, but it is a strong indication that the victim was crossing with the walk signal. Since the motorist would have been required by law to yield in this situation, only the victim would have had the right of way.

A new city law makes it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way. Intro 238, now known as Section 19-190, took effect last month, but at that time a spokesperson for Mayor de Blasio said NYPD wasn’t yet ready to enforce it.

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De Blasio Signs Traffic Safety Bills, Says 25 MPH Will Go Into Effect This Fall

Mayor de Blasio signs 11 traffic safety bills this morning at PS 152 in Queens, surrounded by families of traffic violence victims. Photo: Stephen Miller

Mayor de Blasio signed 11 traffic safety bills earlier today at PS 152 in Queens, surrounded by families of traffic violence victims. Photo: Stephen Miller

Earlier today, Mayor Bill de Blasio returned to the schoolyard where he launched his administration’s Vision Zero campaign in January, just feet from where 9-year-old Noshat Nahian was killed last December while walking to PS 152 with his sister. A little more than six months after announcing his intent to eliminate traffic fatalities within 10 years, the mayor signed bills that suspend the licenses of dangerous taxi drivers, require the installation of 20 mph Slow Zones, and make it a misdemeanor to strike a pedestrian or cyclist with the right of way, among other changes.

While today’s press conference struck a celebratory note, the mayor made clear that Vision Zero is a continuing effort. “The vision is to end traffic fatalities in this city. It’s not easy. Nobody said it was easy,” de Blasio said. “When you think about Vision Zero and all its components, fundamentally it comes down to reducing speeding, reducing reckless driving.”

“A special thanks to all the family members of all the individuals who have turned their pain into action and who have had a huge impact in this city and in this state,” he said. “[They] have been fantastic advocates, particularly in Albany.”

With Families for Safe Streets members in Albany last week, the State Senate and Assembly passed legislation to lower the default speed limit in New York City to 25 mph. De Blasio said that the new limit will likely go into effect this fall after Governor Cuomo signs the bill and the City Council passes its own speed limit legislation.

The package of bills that the mayor signed today focuses on TLC, DOT, and NYPD.

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Mother of Cooper Stock: NYPD Must Hold Reckless Cab Drivers Accountable

Update: According to a spokesperson for Mayor de Blasio, today’s scheduled bill signing was postponed.

After a Wednesday hearing where he was joined by council members and department heads, Mayor de Blasio is scheduled to sign a package of bills today aimed at improving traffic safety. Though its signing will come later due to a scheduling conflict, one bill sent to the mayor by the council was Intro 171, also known as “Cooper’s Law.”

Cooper Stock. Photo: Barron Lerner via ##http://well.blogs.nytimes.com/2014/01/24/treat-reckless-driving-like-drunk-driving/##New York Times##

Cooper Stock. Photo: Barron Lerner via New York Times

The bill’s namesake, 9-year-old Cooper Stock, was fatally struck by a cab driver in an Upper West Side crosswalk in January. His father, Richard Stock, was injured in the collision.

The Taxi and Limousine Commission said Koffi Komlani’s probationary hack license won’t be renewed when it expires in July. Regardless, though Komlani has reportedly not driven a cab since the day of the crash, for now he remains in good standing with the TLC, despite the fact that he drove into two people who were crossing the street legally with sufficient speed to cause grave harm.

“The TLC did nothing,” said Cooper’s mother Dana Lerner. “They did nothing. They didn’t take his license. They didn’t do anything.”

According to the New York Post, the TLC can currently suspend hack licenses for 30 days only when a cab driver has six or more points, and can’t revoke a license until a driver has more than 10 points. Summonses for failure to yield and running a red light add three points to a hack license, a reckless driving summons adds five points, and a ticket for driving from 31 to 40 miles per hour over the speed limit adds eight points.

Reports said Komlani had no prior violations on his record. A summons for failure to yield is still pending, according to Lerner, and Komlani was not charged by Manhattan District Attorney Cy Vance.

When Cooper’s Law takes effect, the TLC will be allowed to suspend or revoke hack licenses of cab drivers who cause critical injury or death as a result of breaking traffic laws. But as we reported in May, penalties will depend on whether NYPD issues charges or summonses after a crash. As it stands, police investigate only a fraction of serious crashes, and fewer than 1 percent of New York City drivers who injure and kill pedestrians and cyclists are cited for careless driving.

Lerner has seen the data on NYPD enforcement of state vulnerable user laws, which the department says it can’t apply unless the Collision Investigation Squad is dispatched or an officer witnesses a violation. “That’s the key issue,” Lerner said. “If the NYPD doesn’t enforce, none of these laws have any meaning.”

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City Council Passes Several Bills to Reduce Reckless Driving

Council Speaker Melissa Mark-Viverito and other reps before today's meeting. Photo: ##https://twitter.com/willalatriste/status/472067061028777984##@willalatriste##

Council Speaker Melissa Mark-Viverito and other reps before today’s meeting. Photo: @willalatriste

The City Council today passed a slate of bills and resolutions aimed at improving street safety.

The 11 bills — outlined in detail here — include Intro 238, which would make it a misdemeanor for a driver to “make contact” with a pedestrian or cyclist who has the right of way, punishable by up to $500 in fines and 30 days in jail; and Intro 171, known as “Cooper’s Law,” which would suspend or revoke TLC licenses of cab drivers who are summonsed or convicted, respectively, of traffic violations stemming from crashes that result in critical injury or death.

Council Member Mark Weprin, of Queens, cast the lone vote against Intro 171. Weprin said the bill comes too close to creating a strict liability standard — which, according to attorney and traffic law expert Steve Vaccaro, is exactly what New York State needs to reduce deaths and injuries. Weprin said he fears the law would punish some unfairly — that a driver’s career shouldn’t end because of one incident, and that a cabbie who rolls through a stop sign and causes a crash should not necessarily be subject to the same penalties as one who crashes while speeding. (The cab driver who killed Cooper Stock failed to yield and had an otherwise clean record.) “This is the livelihood of these drivers,” said Weprin. Council Members Vincent Gentile and Jumaane Williams abstained from voting on the bill.

Other bills would combine points issued by the state DMV and the TLC against hack licenses and set new TLC license suspension and revocation standards; require the TLC to review and report on cab driver crashes and subsequent disciplinary actions; codify the number of Slow Zones DOT implements each year; codify DOT work zone safety standards; require DOT to study the safety of arterial streets, study safety issues pertaining to left turns by motorists, and inspect and/or repair broken traffic signals within 24 hours; and prohibit “stunt behavior” by motorcyclists.

The bill to require the TLC to institute a one-year pilot program for “black box” technology to record and report taxi driver behavior was not on today’s agenda. TLC Commissioner Meera Joshi told the transportation committee in April that the agency has issued RFIs for the program, but she made no mention of the pilot in budget testimony before the council earlier this month.

One bill in the transportation committee hopper not taken up today would mandate side guards for trucks to help prevent people from being swept beneath them. DOT asked that the council hold off on legislating truck guards in lieu of a pending study already underway within the department.

The council approved resolutions asking Albany to grant the city control over speed and red light cameras, increase the penalty for driving on a sidewalk to $250 and three license points, make it a misdemeanor to violate the state’s vulnerable user law, increase the penalty for reckless driving that results in death or serious injury, and pass extant bills to increase penalties for leaving the scene of a crash.

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