Seattle Council Unanimously Votes to Regulate & Limit TNC's

SUMMARY OF CITY OF SEATTLE ORDINANCE RELATED TO TNCS (TRANSPORTATION NETWORK COMPANIES) 

-- PASSED BY FULL COUNCIL March 17, 2014
by
Anonymous

TAC Interm Medallion Sales Pilot Program Report

This report was put together by Taxi Advisory Council Chair Chris Sweis (Photo between councilors Richard Hybels and John Han). It summarizes and points out problems arising from the Medallion Sales Pilot Program as well as listing TAC's recommendations to the SFMTA Board.

The report focuses on the effects that Pilot Program has had on various groups in the Taxi industry. I'd like to highlight  (with of course my own views) a few things.

The Effect on Cab Companies.

• A movement away from Gate and Gas to Affiliate operations.
• A concern because Affiliates are less profitable for the cab companies.
• A tendency of Affiliates to hire new and inexperienced drivers.
• A concern about inexperienced drivers "negatively impacting" service - i.e. drivers deadheading downtown and to the airport instead of taking dispatched calls.

The Effect on Drivers.

• A loss of shifts for Gate and Gas drivers.
• Slower movement of the Medallion Waiting List.

The main, negative effect of the list slowing down has been felt on drivers closer to the top of the List. This is because medallions formerly became available to the List as older medallion holders died off. As many of the older medallion holders sell their medallions, the pool of medallions going to the list naturally becomes smaller.

The main, positive effect is that drivers on the list can now buy a medallion at a controlled price that allows the medallion to pay for itself.

The Effect on Medallion Holders.

Aging medallion holders are clearly the biggest winners of the Pilot Program. Medallions, that were worth nothing excect in terms of the monthly rental that they brought in, are now worth $250,000.

This has been a special boon to Post-K drivers who are either disabled or over the age of 70. Prior to the program, they either had to work 800 hours per year or face losing their medallions. Instead, these drivers now have a chance, as the phrase goes, "to retire with dignity."

The program has also reduced the stress level for younger Post-K drivers like myself (a kid of 66) because we now know that we won't be forced to drive (or pretend to drive) for the rest of our lives.

Perhaps the biggest winners, though are the Pre-K medallion holders. Having already made from between $800,000 to $1,000,000 from leasing their cabs over the last 33 years, they can now collect an additional $250,000 for exiting the taxi business.

The Driver's Fund.

The drivers fund was originally intended for non-medallion holders. It was to be a Quid Pro Quo (i.e. something that is given or taken in return for something else.)

The medallion holders were to get $250,000 and the non-medallion holders would get the Driver's Fund - now totaling over $1,000,000 with great potential depending upon how it may be fed in the future.

This intent, however, was wiped out by one of the first TAC votes.

Barry Korengold had called for a motion that would insure that the fund's money would go to non-medallion holders.

President and General Manager of Luxor Cab John Lazar, on the other hand, argued that "medallion holders are drivers too" and that the fund should therefore go to all drivers. This carried the day by an 11 to 4 margin despite the fact that some medallion holders are actually not drivers and a few, like John Lazar, have never driven a cab for a living.

What's going to happen to the Driver's Fund, as well as who will benefit from it, will be decided at future TAC meetings.

One possible use of the Driver's Fund that has been discussed would be using the money as an investment fund for drivers.

Recommendations.

The TAC has made several recommendations that it will urge the SFMTA Board to adopt. 

1. To merge the taxi wrap fund and any new income into the Driver's Fund.
2. To move the Driver's Fund into a managed account that allows the money to grow.
3. To have the Key Personnel Exemption apply to people on the Waiting List. (See Below.)
4. To have the down payment assistance program be made available only to buyers who operate their permits as Gates and Gas cabs.
5. To monitor Affiliate run medallions more closely and to have all medallions issued to the Waiting List be run as Gates and Gas taxis for the first 3 years.
6. Preliminary recommendation that the sales program continue after the Medallion Sales Program is complete. (See below.)

Not Recommended.

There were also several motions that the TAC either failed to pass or refused to even discuss in addition to the vote not to give the Driver's Fund to non-medallion holding drivers.

1. Failed to pass a motion by Councilor Barry Korengold to limit the number of medallions that the MTA could sell outright to the sixty agreed upon in Pilot Plan.
2. Failed to pass a motion by Councilor William Mounsey that would have changed the ratio of medallions sold outright by the MTA to medallion give to the Waiting List from 1:1 to 1:2. In other words, 2 medallions would given to the Waiting List for every medallion sold by the MTA. 
3. Failed to discuss a plan by Councilor Barry Korengold that would preserve the Waiting List by allowing medallion holders to retire and give the medallions back to the City when they died.
4. Refused to even discuss discussing replacing the current leasing system with a split meter (along with employee rights) despite the high probability that such a change would drastically improve service to the neighborhoods.

A closer look at two recommendations.

6. The explanation written in the report says that "many members of the council are pleased with ... Sales Pilot Program and would like to see it continue ... "

Possibly but, if this is true why did it take the better part of three TAC meetings to pass the recommendation? The truth is that Dan Hinds kept on bringing the motion up over and over again until he bludgeoned it though. He basically paralyzed the proceedings by constantly calling for a vote about medallion sales no matter what other subject was being discussed. In effect, Hinds filibustered the TAC making it impossible for the council to do any other business until the voted on his measure.

In my opinion, the vote was taken more to shut Hinds up than for any other reason.

3. I'm amazed that TAC Chair Chris Sweis had the temerity to include extending the Key Personnel Exemption to people on the Waiting List in his report after being told that such a vote was inappropriate and would probably have been illegal if TAC actually had the power to put the recommendation into effect.

To put it simply - Chair Chris Sweis, Councilor Athan Rebelos and Councilor John Lazar are all on the Waiting List and thus voted to make it easier on themselves to get medallions worth $250,000 than it would be for other people on the list. In addition, Councilor John Lazar has two sons working for him who are on the Waiting List and would thus qualify for the Key Personnel Exemption.

Let me expand on this last point. Lazar's sons have never driven a taxicab. Lazar is thus trying to use a public office to try to give his children medallions worth $250,000 without the two of them ever having to drive a cab for a living.

LIMITED DRIVING REQUIREMENT - A Proposal by the SFCDA

The Taxi Advisory Council is still collecting data and reviewing some effects of the Pilot Program so far.   Because of delays in the implementation of the program and the many issues presented to the council, we have not yet discussed long term medallion reform.  I feel much further thought and discussion is necessary before making a final recommendation to the SFMTA  Board.

There are many who would like to see all medallions eventually transferable.  I would like to point out that if all medallions become transferable, there will no longer be the advantage of jumping the line by purchasing.  Everyone will have to wait again, only now when their name comes up, they'll have to split their medallion income with the bank.  This will exclude many older veteran drivers from owning a medallion.  We therefore feel a significant cap on the number of transferable medallions is essential.

Barry Korengold
President, SFCDA
Vice Chair, Taxi Advisory Council

Medallion Reform Proposal by the San Francisco Cab Drivers Association

We believe that as in most occupations, career cab drivers deserve a dignified end to their career. This plan will benefit a broad spectrum of interests. It will benefit the city by putting money into the SFMTA, it will benefit all cab drivers by contributing money to the driver's fund, maintaining gas and gate shifts, as well as continuing San Francisco’s long honored system of earning a medallion through time spent on the road, rather than by having to go hundreds of thousands of dollars into debt. This plan will keep medallions going to veteran drivers at the top of the list and allows for elder and disabled medallion holders to reduce or eliminate their driving requirement or to sell their medallion. It benefits the public by maintaining quality, career cabdrivers in the industry.

We feel that although purchasing a medallion might be a good choice for some younger drivers early in their careers, many other drivers have already invested 20 years or more of their lives servicing the public for low pay, long hours, with no benefits, doing one of the most dangerous jobs in the country. Therefore, there needs to be a way for drivers who have made a career of driving a cab to be able to obtain a medallion.

In order for medallions to continue going to veteran drivers, as has been the respected practice in San Francisco for the last 32 years, there needs to be a cap on the number of transferable medallions. We suggest a third. Because of the slow movement of the list, we feel two thirds of the medallions should continue to go to the top of the list without purchase. When new medallions are issued, one third of that number would become transferable. In other words, if 30 medallions are issued, 10 more medallions could become transferable.

The City should sell no more medallions outright, as each one deprives a career working cab driver from obtaining their medallion, which can be compared in other industries with tenure or a management position after usually at least 20 years on the road.

We propose that when a medallion holder reaches the age of 55, the driving requirement could be voluntarily reduced to 600 hours and the holder would contribute $100 a month or $1,200 a year to be split between the SFMTA and the Drivers Fund.

When a medallion holder reaches the age of 60, the driving requirement could voluntarily be reduced to 400 hours and a contribution of $200 a month ($2,400 a year) would be split between the SFMTA and the Drivers Fund.

When a medallion holder reaches 65 or becomes disabled, the driving requirement could voluntarily be eliminated with a $400 monthly contribution ($4,800 a year) to the SFMTA and the Drivers Fund. The medallion holder would still retain the medallion and still be able to drive.

To allow for inflation and market changes, these payments could also be set at a comparable percentage to medallion income instead of a dollar figure.

All reduced or eliminated driving requirement medallions would be run as a gate and gas cabs. This would create stability for companies as well as maintain available shifts for drivers.

A medallion holder would have the option to sell when they reach 65. If they chose to hold on to their medallion with a reduced or eliminated driving requirement, they would retain their medallion the rest of their lives, but would no longer have the option to sell. When these medallion holders die, their medallions would go back to the list. A medallion holder over 65 who continues driving, could make their decision at the time they wish to stop driving.

Since there would be a cap on transferable medallions, eventually there could be a waiting list to sell. A qualified medallion holder waiting to sell would not have to pay to eliminate their driving requirement until able to so, at which time they would make their decision.

We’d like to make this comparison of revenue from the current transfer fee of $50,000 per medallion to the revenue from this Limited Driving Requirement plan. With the amount of debt undertaken when buying a medallion, the purchaser will likely hold onto their new medallion for more than 10 years, probably closer to 20 or 30 years. After 10 years of participation in our recommended program, a 75 year old driver will have contributed $48,000 to the SFMTA and the Drivers Fund. If the same driver took advantage of the plan starting at the age of 55 he will have paid in $66,000, and still be contributing to the fund and the SFMTA.

We feel this plan is healthier for the industry overall. It will allow senior and disabled medallion holders to stop driving and allows older career drivers to still obtain a medallion. This will also help color schemes maintain gas and gate medallions, and provide more available shifts for non-medallion holding drivers.

TAC Votes to Limit Down Payment Assistance

On Tuesday October 12, the Taxi Advisory Council voted unanimously (William Minikel and Dmitry Nazarov were absent) to grant Down Payment Assistance only to buyers who choose to work their taxis as "gate and gas" for at least three years. 

The motion to do so was put forward by National Cab's Dan Hinds (photo, left) in order to limit the number of new buyers who operate their cabs as Owner Operators or Affiliates (i.e. owners who operate their cabs as Long Term Leases).

The vote came after a lengthy discussion of the pros and cons of GG vs LTL and the problems of trying to run a full service cab company.

Declining Profits

Desoto's Jane Bolig said that: problems with the EDD (California's Employment Development Department), the costs of medallion holder bidding wars, and the increased number of cabs going LDL were causing declining profits in companies giving full service.

(Her comments on the EDD referred to suits that the EDD had filed against both Luxor Cab of San Francisco and Yellow Cab of San Jose that charged the taxi companies with millions of dollars in back Unemployment taxes.)

Yellow Cab's Jim Gillespie said that the EDD "only has issues" with GG drivers and leaves LTL alone. However, he added that it was possible to structure GG leases in such a way that "doesn't" turn GG drivers into "employees." He gave the practice of having drivers pay for their shifts in advance as an example.

Jane Bolig said that she thought that giving Fleet Medallions to full service companies would be about the only way for them to survive.

Green Cab's Athan Rebelos (photo, left) said that he agreed with the necessity for fleet medallions and added that he'd been in the taxi business in New York City where they had a combination of Fleet medallions and individual medallion holders and suggested that San Francisco follow a similar policy.

But he also said that declining profits were a "national problem" and that in many cities neither the taxi companies nor the cab drivers were making any money at all.

Scheduling Problems

Lease Driver John Han (photo, right) said that he wanted to be a GG driver and that, if taxi companies would actually honor the "Independent" contracts that their drivers sign, fewer drivers would want to become LTL drivers.

Han gave the example of his own shift which is listed as being from 7:00 am to 5:00 pm according to the lease he signed. He usually can't get started driving, however, until 9:00 or 9:30 am - unless he pays the dispatcher "some huge tip."

Council President Chris Sweis chose to describe this as "a scheduling problem." And, indeed, it no doubt is. The company Han works for is clearly scheduling a "short" that overlaps John's shift. The "short" apparently runs from 3:00 am or 4:00 am to 9:00 am. This allows the company to get an additional three or four hours of profitability (not including tip) from the medallion. The "short" takes up part of Han's shift  because the company would be unable to sell the "short" without including the 7:00 to 9:00 morning rush hour.

But I digress ...

Unintended Consequences

Dan Hind's original motion didn't impose any time limit but Jane Bolig said that having a GG taxi wouldn't do Desoto Cab any good unless they could keep the taxi for three years.

Lease Driver David Kahn (photo, right) then proposed an amendment to the motion calling for a three year time limit.

Athan Rebelos backed the motion saying that the Pilot Plan "had been developed around a gates and gas program" and that no one was prepared to deal with so many Owner/Operated taxis hitting the streets at the same time.

The unanimity of the vote came from the perception that the conversion of GG cabs to Owner/Operated leases has been having a negative effect on almost everyone in the business except the new buyers.

• Companies have been losing revenue from cabs.
• Drivers have been losing shifts.

"Warp Speed Scottie."

The Taxi Advisory Council, as its name suggests, can only advise the MTA on a policy. The MTA has to okay a change and then a new policy does not officially take effect for 30 days.

The San Francisco Federal Credit Union, however, already put the new Down Payment Assistance rules into effect on 10/14/2010. As of that date, "Supplemental funds from the down payment assistance provision in the Pilot Program are not acceptable for financing" Owner/Operator (aka Affiliate) leases.