Skip to content

SB event logo 580x200

Posts from the Taxis & Limos Category

3 Comments

Garodnick Proposes Three-Strikes Suspension Policy for TLC Drivers

Council Member Dan Garodnick introduced legislation today establishing a three-strikes-and-you’re-out policy affecting for-hire drivers who have had license suspensions. The bill would prohibit drivers from receiving a license from the Taxi and Limousine Commission if they have received three suspensions in the past 10 years on either their DMV-issued or TLC-issued licenses for traffic-related infractions.

Council Member Dan Garodnick wants a three-strikes policy for TLC drivers who have received license suspensions. Photo: Jeffrey Zeldman/Flickr

Council Member Dan Garodnick wants a three-strikes policy for TLC drivers who have received license suspensions. Photo: Jeffrey Zeldman/Flickr

TLC is “in the process of reviewing the bill,” according to an agency spokesperson, who pointed to existing penalties for TLC and DMV violation points.

Those rules, enacted in 2014 after the mayor signed a package of Vision Zero bills, look at points on a driver’s license within a 15-month window. The rules mandate one-month suspensions for drivers who have received between six and nine points for traffic violations, and license revocation for drivers with 10 or more points within a 15-month period.

Garodnick’s bill (Intro 1243) goes after drivers who rack up multiple suspensions and keep returning to the road, but never receive enough points at one time to have their license revoked.

“There are hundreds of thousands of trips in TLC-licensed vehicles each day, and our bill promotes safer streets by getting repeat violators of traffic laws out from behind the wheel of taxis,” Garodnick told Streetsblog.

There is no estimate available of how many drivers would be affected by Garodnick’s three-strikes proposal, but driver representatives are not happy about it. New York Taxi Workers Alliance spokesperson Bhairavi Desai told the Daily News that the bill is “baseless scapegoating” of drivers. “What this does is deprive drivers of the ability to show rehabilitation,” she said.

Garodnick countered that the legislation would serve to ensure that repeat dangerous drivers are not putting New Yorkers in danger. “Suspensions are serious and are not issued easily or lightly. If someone has not just one, or two, but three suspensions, that is more than enough reason for us to doubt their ability to be a safe driver,” he said.

Read more…

22 Comments

NYC Motorists Killed Four People Walking and Biking This Weekend

Po Chu Ng was killed on Sixth Avenue by a driver in an SUV with TLC plates as she crossed the street with the right of way. The driver was not charged. Image: Google Maps

Po Chu Ng was killed on Sixth Avenue by a driver in an SUV with TLC plates as she crossed the street with the right of way. The driver was not charged. Image: Google Maps

New York City motorists killed four people walking and biking this weekend. One of the victims was struck in a Midtown crosswalk while crossing with the right of way, but NYPD and Manhattan District Attorney Cy Vance haven’t filed charges against the driver.

Po Chu Ng was crossing Sixth Avenue at W. 30th Street at approximately 5:15 Saturday afternoon when a driver struck her with a GMC SUV while turning left onto the avenue, the Daily News and Gothamist reported.

Ng, 52, was pronounced dead at Bellevue Hospital. The driver was a 27-year-old man. WABC reporter CeFaan Kim tweeted a photo showing that the SUV had Taxi and Limousine Commission plates. A Daily News photo shows the SUV sitting in the crosswalk with a pool of blood on the street in front of it.

An NYPD spokesperson told Streetsblog Ng was crossing Sixth Avenue on the north side of the intersection, west to east, in the crosswalk with the pedestrian signal “in her favor.” But as of this afternoon, the driver, whose name was not released, did not face charges under the Right of Way Law. The spokesperson said the crash is still being investigated.

As part of Mayor de Blasio’s Vision Zero initiative, in 2014 NYC adopted the Right of Way Law, which penalizes motorists for harming pedestrians and cyclists who are following traffic rules, and Cooper’s Law, which gives the TLC a mechanism to revoke the TLC licenses of cab drivers who kill people who are walking and biking with the right of way. NYPD enforcement of the Right of Way Law remains inconsistent, and the TLC does not use Cooper’s Law, in part because police and district attorneys rarely file charges after a serious crash.

Three of this weekend’s fatal crashes were hit-and-runs, prompting Transportation Alternatives to call on state lawmakers to act this week to toughen penalties against drivers who flee crash scenes.

Read more…

84 Comments

No Charges for Cabbie Who Severely Injured Woman on Sidewalk Near NYU

A yellow cab driver severely injured a woman on a sidewalk in Greenwich Village this morning.

The victim was struck at around 10:50 a.m. on University Place near East Eighth Street. Gothamist says she was “pinned between the taxi and a stucco wall.”

A reporter for Washington Square News, an independent NYU outlet, said the victim was unconscious at the scene. “The woman was facing away from the cab, and when it hit her, she went up in the air and the cab basically pinned her against the wall,” a witness said.

The victim was taken to Bellevue Hospital in critical condition, Gothamist reported. No charges were filed against the driver.

Sidewalk collisions resulted in at least 14 fatalities in the last 12 months alone, according to crash data compiled by Streetsblog. If the city keeps a data set on the number of people hurt and killed by motorists on sidewalks, in buildings, and other places drivers are not supposed to be, we haven’t seen it.

University Place has excess width and not much car traffic. A narrower roadbed and traffic-calming measures might have prevented this crash.

This morning’s crash is reminiscent of the one that cost tourist Sian Green part of her leg in 2013. Since then, the city adopted Cooper’s Law to yank licenses from cab drivers who hurt pedestrians while violating victims’ right of way. But the Taxi and Limousine doesn’t use the law to take reckless cabbies off the road, in part because police and district attorneys so rarely file charges.

5 Comments

The TLC Has Never Used Cooper’s Law to Permanently Revoke a TLC License

In the 18 months it has been on the books, the Taxi and Limousine Commission has never used Cooper’s Law to permanently revoke the TLC license of a cab driver for hurting or killing someone.

TLC Commissioner Meera Joshi

Cooper’s Law, which took effect in September 2014, allows the TLC to suspend the TLC licenses of cab drivers involved in crashes that result in death or critical injury. If a TLC licensee is convicted of a traffic violation or crime for causing such a crash, the law requires the agency to revoke that person’s TLC license.

The law was named after 9-year-old Cooper Stock, who was killed on the Upper West Side in January 2014 by a yellow cab driver who failed to yield. Cooper’s Law was one of several traffic safety measures adopted to advance Mayor de Blasio’s Vision Zero initiative.

“On the whole our drivers are safe,” TLC Commissioner Meera Joshi said at the mayor’s Vision Zero bill signing ceremony, “but there are a few bad apples and we need to remove them.”

That isn’t happening — at least under the aegis of Cooper’s Law.

Vision Zero transparency laws do not require the TLC to publish data on what happens after the agency suspends the TLC license of a driver who hurts or kills someone. Streetsblog filed a freedom of information request in February after several unsuccessful attempts to obtain data on case outcomes from the TLC. We received the agency’s response earlier this week.

“There have been no TLC licensees that have had their license permanently revoked for injuring or killing a pedestrian or cyclist pursuant to Cooper’s Law,” the TLC legal affairs office wrote.

Read more…

1 Comment

TLC Won’t Say If Any Cab Drivers Have Lost Licenses Under Cooper’s Law

Streetsblog has filed a freedom of information request for data on how many times the Taxi and Limousine Commission has permanently revoked TLC licenses of cab drivers for injuring and killing people since the adoption of Cooper’s Law. The request follows several unsuccessful attempts to obtain the data from the TLC.

Cooper Stock

Has the Taxi and Limousine Commission ever used Cooper’s Law to take a reckless cab driver off the streets for good? The TLC won’t say.

Cooper’s Law gives the TLC discretion to suspend the TLC license of a cab driver who is involved in a crash that causes death or critical injury. In cases where a TLC licensee is convicted of a traffic violation or a crime stemming from such a crash, the law requires the TLC to revoke that person’s license to drive a cab.

The law was named after Cooper Stock, a 9-year-old Manhattan boy who in January 2014 was fatally struck by a yellow cab driver who failed to yield, and was one of a number of traffic safety measures adopted to advance Mayor de Blasio’s Vision Zero initiative.

Local Law 28, another Vision Zero regulation, requires the TLC to publish data on how many TLC-licensed drivers are involved in crashes resulting in critical injury or death, the number of cases where action against a driver’s TLC license was warranted and, of those, how many summary TLC license suspensions were imposed. The law also says TLC should publish information on subsequent “enforcement actions taken.”

But the TLC does not publicize what happens after the agency suspends the TLC license of a driver who hurts or kills someone, and does not list the number of TLC license revocations or reinstatements. Without knowing how cases are resolved, the public can’t gauge how effective Cooper’s Law is in getting dangerous cab drivers off the streets.

Read more…

3 Comments

Epileptic Cab Driver on Trial for Murder for Bronx Sidewalk Killings

Tierre Clark and Kadeem Brown were on a Grand Concourse sidewalk when they were run over and killed by Emilio Garcia.

Tierre Clark and Kadeem Brown were on a Grand Concourse sidewalk when they were run over and killed by Emilio Garcia.

The driver of a green cab who killed a child and a man on a Bronx sidewalk last year was charged with murder.

The Bronx district attorney’s office said Emilio Garcia was not taking his epilepsy medication when he fatally struck 4-year-old Tierre Clark and 25-year-old Kadeem Brown on the Grand Concourse at E. 170th Street on March 20, 2015.

Press accounts published after the crash said Clark injured two other people. One of the injured victims was reportedly a 55-year-old man. The other was Sanequa Howe, Tierre’s mother, who suffered bone fractures.

“When we are waiting for the bus, she gave me a kiss and she was dancing around, she never saw it coming,” Howe told WABC.

Gothamist reported that, according to the DA’s office, Garcia was aware of his epilepsy and had been in another crash, causing injuries to a second driver, four months before Tierre and Brown were killed.

The DA’s office told Streetsblog last October that Garcia was charged with manslaughter and homicide. According to court records, current charges against Garcia are two counts of murder, one count of assault (a class D felony), two counts of negligent homicide (a class E felony), and one misdemeanor count of reckless endangerment.

Read more…

5 Comments

NYC Motorists Kill 2 Pedestrians and Critically Injure 2 Others in 3 Days

Giovani Romano was charged with failing to yield for fatally striking Alfiya Djuraeva at 20th Avenue and Bath Avenue in Brooklyn. He was not charged for taking her life. Image: Google Maps

Giovani Romano was charged with failing to yield for fatally striking Alfiya Djuraeva at 20th Avenue and Bath Avenue in Brooklyn. He was not charged for taking her life. Image: Google Maps

In four separate crashes since Thursday, at least two people have been struck and killed while walking, and two others were critically injured.

Last Thursday afternoon Giovani Romano hit 56-year-old Alfiya Djuraeva with a Buick while turning left at 20th Avenue and Bath Avenue in Bath Beach, according to the Daily News and WNBC. Djuraeva suffered trauma to her head and torso and died at Lutheran Hospital.

Romano, 74, was issued a desk appearance ticket for failing to yield, but was not charged for the act of killing Alfiya Djuraeva. The crash occurred in the 62nd Precinct and in the City Council district represented by Vincent Gentile.

Early Saturday morning, a BMW driver going the wrong way on 181st Street near Amsterdam Avenue in Washington Heights hit two people and a pickup truck, then fled the scene, the Daily News reported. A male pedestrian, 46, was killed. The second victim, a 46-year-old woman, was hospitalized. The deceased victim’s name was being withheld pending family notification, NYPD told Streetsblog.

Police charged Jonathan Segura, 34, with manslaughter, leaving the scene, and drunk driving, after Segura turned himself in, the News said.

Read more…

9 Comments

Inside the City Hall Uber Traffic Study: Where’s the Beef?

Deliberately or not, the year-to-year VMT differences are impenetrable.

Deliberately or not, the report makes it very hard to discern how the mileage of different traffic sources is changing. Graphic via nyc.gov

What Gertrude Stein said about Oakland is what must be said about City Hall’s new traffic study: There’s no there there.

A research effort that was going to explain how congestion in Manhattan has increased even as vehicle trips to the core have dropped has shrunk to a 12-page report bereft of conclusions supported by evidence.

It may be true, as the report claims, that increases in Uber traffic in the Central Business District (CBD) have been largely offset by decreases in trips by traditional yellow cabs, leading to little or no net traffic impact. But as best as I can tell, that assertion is based on hypothetical 2010 and 2020 traffic estimates plucked from a NYC travel model and interpolated to 2014 and 2015.

Not only is this kind of interpolation volatile and unreliable, it should have been unnecessary since yellows are fully (and competently) tracked by the Taxi and Limousine Commission while Uber was opening its books to the city’s consultant.

The question of Uber “substitution” or “additionality” vis-à-vis yellow cabs was the presumed fulcrum of the $2 million study. Ignoring the wealth of data tailor-made to answer that question, and relying on constructed numbers instead, as the study appears to have done, is dumbfounding.

The City Hall report is almost as opaque in its asserted findings of factors that have contributed to increased congestion. Here’s a rundown:

Read more…

6 Comments

Criminal Court Judge Upholds Constitutionality of Right of Way Law

A judge ruled against a motorist who filed a lawsuit challenging the constitutionality of the Right of Way Law.

Silvia Gallo and her son, former MMA star Jorge Gurgel. Photo: Cage Potato

Silvia Gallo and her son, former MMA star Jorge Gurgel. Photo: Cage Potato

MD Hossain, a yellow cab driver, was the first person charged after the law took effect in August 2014, when he drove a taxi into 58-year-old Silvia Gallo, killing her, while turning into a crosswalk at Madison Avenue and E. 79th Street.

According to a ruling by New York County Criminal Court Judge Ann E. Scherzer, Hossain claimed the law violates the state and U.S. constitutions by “undermin[ing] the very concept of innocent until proven guilty” and “purport[ing] to regulate alleged reckless driving ‘by imposing criminal penalties on a strict liability’ basis.” Hossain also challenged the law as it was applied in his case.

Hossain claimed the Right of Way Law does not require proof of driver negligence, or proof that a driver committed “any other traffic violations,” in order to be held liable for harming people, and therefore improperly shifts the burden of proof to motorists who are charged under the law.

Scherzer ruled that strict liability laws are authorized by the New York State code, and rejected Hossain’s assertion that the Right of Way Law presumes driver guilt.

In fact, to sustain a conviction for this charge the People would have to prove beyond a reasonable doubt that (1) defendant operated a motor vehicle, (2) that defendant’s motor vehicle caused contact with a pedestrian or cyclist, (3) that the pedestrian or cyclist had the right of way at the time of the impact … and (4) suffered physical injury as a result of the collision.

In addition to the elements listed above, the statute provides that physical injury that was not caused by a driver’s failure to exercise due care does not violate the statute.

“None of [the] defendant’s arguments come close” to demonstrating that the law is unconstitutional, Scherzer wrote.

Read more…

10 Comments

A Flat “Congestion Charge” for Taxis and Uber: Yea or Nay?

Would a new surcharge on taxi and for-hire vehicle trips in Manhattan below 59th Street thin out traffic on congested streets? Not much it won’t, according to transportation economist Charles Komanoff, whose traffic analysis has helped shape the Move NY toll reform campaign.

Every year the city’s Independent Budget Office releases a list of options to cut expenses and raise revenue for the city budget [PDF]. This year, the IBO suggests a surcharge of $2.25 for taxi trips and $2.75 for FHV trips beginning below 59th Street (page 88). The difference makes up for the $0.50 surcharge earmarked for the MTA that’s currently levied only on taxi rides.

The IBO’s taxi surcharge idea comes at an intriguing moment. The de Blasio administration is currently finalizing its report on the effect of Uber, Lyft, and other app-based car services on Manhattan congestion. And the Move NY plan still has an opening in Albany in the next few months, as Governor Cuomo and the state legislature search for ways to pay for the MTA capital program and upstate roads and bridges.

On the surface, the surcharge proposal seems to have some appeal. Implementing the fee only for trips starting in the traffic-choked central business district could hypothetically ease congestion by spreading taxi and FHV traffic outward. And adding an MTA surcharge on Uber, Lyft, and similar services could help make up for the $10 million in annual revenue the agency says it has lost due to the rise of e-hail apps.

But Komanoff says a flat surcharge, as opposed to one based on trip length, won’t do much as a traffic reduction strategy, because it privileges long rides over short ones, which would be “both unfair and inefficient.” In addition, a taxi/FHV charge alone, without broader toll reform, would have a marginal effect on congestion. Komanoff put the IBO’s proposal to the test in his Balanced Transportation Analyzer and found that a $2.25 surcharge on taxis would lead to a 1.4 percent increase in traffic speeds — and a 1.8 percent decrease in FHV usage.

Read more…