Meter Increase??? Gate Increase??? No-Go Fee. Technology Fee. ETA.

All the above and more were discussed at a recent Town Hall meeting.

On May 31, 2013 Dan Hara will be handing in his final recommendations, which will include whether or not there should be gate and/or meter increases. There will be Town Hall meetings to discuss the issues on June 11th and the MTA Board will look at and possibly vote on the proposals on June 18, 2013.

Not to editorialize but:

 1. No businesspeople in their right minds would raise their rates when they are being successfully underpriced by their competition.

2. It's time to get rid of gate fees and replace them with a split of the meter. I've been saying this ever since I was first hired by Yellow Cab and saw the corruption and incompetence that the gates & gas system caused. And I repeated my ideas to the MTA the moment they took over. The bottom line is that a gate system makes leasing to drivers the business of cab companies - not picking up customers.

There are companies like Desoto, Luxor and Green who consciously try to give good service but they are in the minority. I won't rant about the details. I've already done this enough. The primary problem is simply that the profits and losses of the companies are not directly linked to the amount of business that they do. If the meter were split, the MTA wouldn't have to conduct arcane studies to find out which companies were good and which were bad. All that would take care of itself - and service to the public would drastically improve.

I've said this so often that I sound like a crank but the future lies with me. (See Uber. It might also be a good idea to take a Business 101 course along with a double dose of common sense.)

Electronic Taxi Access (ETA) et al.

I didn’t catch the entire meeting and Director Chris Hayashi (photo, hand) was still presenting the proposals when I left so I can’t give definitive summary. The final plan won’t be presented until May 31^st but the following covers what little I do understand of the system.

1. All available taxis will appear on the map of a customer’s smartphone.
2. The MTA itself will create no app but rather will co-ordinate hails from Flywheel, Uber's taxi app and other legal apps.

3. All the information from the individual apps will be routed through a central system in order to appear on the smartphone.

3. The exception will be calls to dispatch services and e-hails from single company apps like Luxor or Desoto’s.

     A. However, these calls and e-hails will be integrated with the ETA system so that only one cab will be sent to each order.

In other words, this will be the centralized dispatch system that drivers have spent thirty years lobbying for.

In addition:

1. The App Fees will be paid by the customer.

2. There will be a Technology Fee to be paid by the customer instead of credit card processing fees paid by the drivers.

3. A $10 No Go fee also will be automatically deducted from customers’ credit card if they aren’t there.

4. The “Response Time Fee” listed on the white board above is being renamed a “Premier Service Fee.” It will be paid to a driver if his or her taxi gets to a customer within a promised time like under ten or fifteen minutes. Yes this does mean that a driver will get a bonus picking up a ride in time.

Needless to say there are criticisms:

1. ETA won’t improve service because taxi drivers will take a flag before they will take a dispatched call. As the saying goes, a bird in the hand is worth two in the bush.

Well, that depends upon the birds in question doesn't it? Seriously, if you think about it, you are often closer to dispatched calls - unless you spend all your time in Union Square.

Take my situation for instance. I start driving from the inner Bayview at 4 pm. It takes me five minutes to get to the area around Zynga and Adobe where I can pick up flags, and another three to five minutes to get to either Market Street or the cabstand at Cal Trans. All that time I'm within five minute or less of dozens of businesses where people might want taxis.

The unwritten rule is that a driver shouldn't take dispatched calls during rush hour because most of them will be No Go's. The reasons for this are that you don't how old the orders are and the people have probably called three or four companies.

With ETA both these problems disappear. Your cab will be the only one sent to the order and you'll get the No Go fee if the party isn't there. In addition, with all hails going through one dispatch system, you'll have at a minimum of three times more orders to choose from.

2. This will discriminate against people without smart phones or with Paratransit cards.

The orders will be dispatched in such a way that a driver can’t tell what type of order it is.

3. If so, drivers won't take the hails because they might not get a No Go fee.

This comes from the meeting. Cab drivers, man. So many of us look only at the empty side of the hourglass. Eighty per cent of the people in S.F. have smart phones and people who don't have them don't take as many taxis as people who do. Furthermore, No Go's on Paratransit rides are rare. 

The percentage of No Go's will be extremely rare on with ETA and the odds of getting the fee if the customer isn't there are better than 90%.

The Age of the Dinosaurs...

... reputedly passed over 65 million years ago but a few survivors are hanging on in the taxicab business in the personas of John Lazar and the management of Yellow Cab.

Mr. Lazar reputedly killed Open Taxi Access a few years back and is out to waste ETA as well. The problem for him is that it's not as easy to buy politicians as it was back in the day. With Lyft and Uber on the scene the price of corruption has sky rocketed.

On the other hand, maybe Lazar is getting a kickback from Uber and Lyft. The balkanization of the dispatching services in this town is what opened the floodgates for the illegal apps in the first place. The adoption of an ETA system would be the best weapon we could possibly use against them.

But the President and General Manager of Luxor Cab is still living back in the Jurassic Age when the companies with the most medallions necessarily made the biggest profit. If he succeeds, all he's likely to win today is a large cut of a dying industry.

A Conversation with Rebecca Lytle

I spoke last week with Rebecca Reynolds Lytle, Vice President of Lending at San Francisco Federal Credit Union (SFFCU).

Among other things we discussed the differences between a Gate and Gas and an Owner/Operator arrangement from her standpoint of making a loan to a new buyer. Other subjects came up during the conversation including, of course, her decision to require the full 20% down payment from those who choose the Owner/Operator lease and not accept down payment assistance except on a gate and gas arrangement.


Let Last Be First

It turns out that Ms. Lytle and SFFCU had already decided to require the full down payment from Owner/Operators before TAC voted to do so. The reasons for this were that an Owner/Operator loan:

• Costs more to underwrite and maintain.
• Has little or no way for the credit union to verify that various financial arrangement are, in fact, what the new buyers claim they are.
• Carries a higher risk because of this.

SFFCU wants to reduce their risk by getting the full $50,000 down payment from Owner/Operators.

In order to understand the reasoning behind this, it's necessary to see how these loans are structured.

Gate and Gas Arrangements

Lytle described these are "turnkey" arrangements because the company:

• Buys the car.
• Provides the insurance.
• Does the maintenance on the car.
• Hires the drivers and makes certain that they have good driving records and A-Cards.
• Etc.

The taxi companies are set up to do this and they have a vested interest in making certain that everything is done properly.  Therefore the credit union doesn't have to sweat the details.

Owner/Operators Arrangements

The Owner/Operator has to do all the above himself or herself.

In order to assure the safety of the loan, SFFCU and Ms. Lytle need to make certain that:

• The Owner/Operator owns the car and does have insurance.
• The drivers have A-cards.
• The Owner/Operator is complying with City regulations by not charging more than $104 per shift for a hybrid or $96.50 for a regular vehicle.
• Lytle is also considering getting copies of DMV printouts as supporting documentation that the medallion holder is complying with the Transportation Code.
• Etc.

All this involves considerably more work and thus more cost in terms of labor hours than a GG Loan. And, even after the additional issues, the loan company still has no way to guarantee that the information is accurate or kept up to date - although the credit union does require the Owner/Operator to provide updates on all the above annually, or sooner, if requested.

Because of the uncertainly, Ms. Lytle and SFFCU want to see a greater amount of financial responsibility on the part of an Owner/Operator. Lytle added that it doesn't make any sense to continue allowing  Down Payment Assistance on a loan with this type of lease arrangement when the MTA intends to stop this practice in the next 30 days or so anyway.

Forced into being Owner/Operators?

Prior to 10/14/2010, when SFFCU began requiring the 20% down, Ms. Lytle said that 63% of the loans were to Owner/Operators. She takes issue, however, with people who claim that new buyers have been "forced" by financial necessity into this type of arrangement.

Ms. Lytle pointed out that the $250,000 fixed price was chosen by the MTA requirement that loan payments not exceed the monthly amount that medallion holders are paid by taxi companies. The $250,000 number was arrived at by calculating the size of loan payments and comparing them to Gate and Gas monthly payments. Lytle also indicated that, in order to further validate the worth of the medallion, the MTA's fixed price was compared to medallion markets in Boston, Chicago and Philadelphia - cities similar to San Francisco.

SFFCU so far has made three types of loans;

1. 12 years with a fixed rate for $2,300 a month.
2. 15 years with a 3 year balloon payment for $1,798 a month.
3. 25 years with a 3 year balloon payment for  $1,440 a month.

The monthly payment is slightly higher if the borrower did not have the full 20% down payment and needed the down payment assistance loan. You can view examples of loan payments for all the different types of loans on the credit union’s website at http://www.sanfranciscofcu.com/loans/taximedallion_loan.htm

These numbers are consistent with the amounts that various companies pay their medallion holders.

To the charge that the interest rates will probably rise when the balloon payments become due, it could be said that there will probably be a meter increase before then, meaning that medallion holders will be paid more money.

Satisfaction

Ms. Lytle said that these taxi medallion loans have given her more satisfaction than almost any other loan that she's ever underwritten. They've allowed her to "help these people realize their dreams." The medallion holders or their relatives are "overjoyed" to be able to sell the medallions after thinking that they never would be able to do so. And the new buyers are "so excited" to finally get their medallions.

Ms. Lytle said that she would be more than happy to answer any questions about the loan programs. She can be reached at:

Tel. 415.359.2926   Fax. 415.447.2240
Rebecca_Lytle@SanFranciscoFCU.com

TAC 9-27: Gate and Gas vs Long Term Lease

The main topics of the latest TAC were Gate and Gas (GG) vs Long Term Lease (LTL) and the Driver's Fund. Both subjects were discussed at length and in depth so I'll deal with them in separate posts.

First, I want to apologize in advance for any omissions or errors. I recorded the proceedings and slacked on my note keeping. When I listened to the tape, however, the only people I could understand were myself and Carl Macmurdo, who sat next to me. This article, in other words, will be even more a stream of consciousness than usual.

                                   Random Stuff

San Francisco, the third most expensive city in the country, has the 10th highest taxi fares.

Some Pilot Program Stats:

• 18 medallions are being issued to people on the list.
• 1 SFMTA held medallion has been transferred (i.e. sold) to a buyer.
• 19 medallion holder medallions are in the process of being transferred.
• 9 Pre-K medallion holders have died during that last year.
• 3 Pre-K medallions have been sold.

Quote of the week,

"Cab drivers are all schemers and frauds ... and need to be watched." Bill Mounsey  (photo, above) on the drivers ahead of him on the Waiting List.

Leasing vs Leasing 

The above title is my way of noting that no other system  (like a split of the meter) is in play. 90% of the county may work on some form of employer-employee relationship but we in the cab business prefer to stay in the same league as strippers, office temps and call girls.

The Name Game.

The initial discussion centered around tying to decide what to call the new owners who chose to work their cabs as an LTL. Some people wanted to call the relationship an "affiliate" because the new owners would usually be affiliated with a color scheme but I think Rebecca Lytle of the San Francisco Federal Credit Union carried the day by calling them "Owner Operated" leases (OOLs.)

The Owner Operated Lease.

It's basically the same as an LTL, except the owners don't lease it from a company. They buy their own cars and chose their own drivers. If they associate with a company, they pay for the radio and the color scheme.

There are significant differences in the way the contracts are written because the credit unions demand certain information from the owners (I'll cover this later in an interview with Rebecca Lytle) but the taxis themselves are worked much like an LTL.

The Leasing Debate.

There are strong feelings on both sides of the GG vs LTL issue.

Cons
Green Cab manager and councilor Anthan Rebelos said that he had "about five pages" of things he didn't like about the LTL. Councilor and driver John Han, Mark Gruberg of the UTW and myself also spoke strongly against the practice. Putting our ideas together, you could come up with the following partial list:

• Hundreds of experienced drivers have lost their shifts or their jobs.
• They've been replaced by drivers with less knowledge
• LTL drivers are less likely to take radio calls.
• LTL taxis hurt service in the neighborhoods.
• LTL cabs are frequently subleased to brokers.
• These brokers are charging desperate people illegal amounts of money to drive shifts.
• This brings a criminal element into the industry and, as such, creates situations of potential violence.
• This is almost impossible for the MTA to police.
• The companies themselves often don't know who's driving their cabs.
• This increases the potential for catastrophic insurance losses; and 
• Endangers the public.

Pros

• Jim Gillespie of Yellow Cab says that LTL drivers are as likely to take radio calls as anyone else.
• In the past, he's also claimed that LTL drivers get into fewer accidents.
• A man whose name I didn't get (photo, right) said that he'd been driving for 34 years and had been given junk taxis under the GG system.  He now works under an LTL  and loves it because he's got a brand new cab and makes a lot more money.
• Driver Ton Lee, who represents Asian drivers at the airport, said that LTL drivers work hard just like everybody else and deserve consideration.

The Devil Made Him Do It.

John Lazar of Luxor Cab said that he resisted LTLs until 2004 when he "lost 24 GG medallions."

This echoed Jane Bolig of Desoto Cab who said, "medallion holders are diving the system" by setting up bidding wars between companies (Hmm - guilty). She also said that "insane" liability insurance rates were forcing companies to change the way they do business.

"Force" is a big word with Lazar who claimed that new buyers were "forced" to go OOL because of the high cost of their loans. At an earlier meeting, he had said that a buyer making $2,300 a month couldn't cover $2,700 a month loan. This time he asked Rebecca Lytle to confirm his theory.

Ms Lytle, however, did nothing of the kind, saying that their cheapest monthly rate was $1,446 per month for a 25 year balloon loan. She later told me that the rates for the other loans that she had underwritten were:

• $1,798 for 15 year balloon loan.
• $2,304 for a 12 year fixed rate loan.

Not Forced - Wanted.

Nonetheless, all but a few of the new buyers have chosen to become Owner Operators. This is something that few people at the Town Hall meetings anticipated and it changes the dynamic of the sales. All the calculations that were done to come up with the $250,000 fixed rate were based on a GG system.

Once upon a time, Director Chris Hayashi told me that she wanted to end LTLs. Even if she still wanted to do this, it would take three years to phase them out because of the money the drivers have spent on cars. And, what about the new OOLS?

There could be a lot more said about this subject ... and there will be.

The Independent Contract - In Sum

Over the last 30 years, the law has pretty much caught up with the Independent Contract. A series of court cases have given drivers Workers Compensation and, maybe, Unemployment. It's no longer legal for companies to demand insurance deposits from their drivers.

It's also true that I have probably romanced the virtues of being an employee. It's doubtful that, under the political climate of the last three decades, we would have been able to form a union even if we been given employee rights. Unions have hardly proven themselves to be bastions of morality either. A friend of mine, in a Longshoreman's Local, had to tip union agents to get shifts. And, the foundations of building have been poured on many an ex-Teamster.

The level of corruption seems to be about the same. On the other hand, union workers are usually much better paid.

But there are advantages to driving a cab as an Independent Contractor. It's a cash business and nobody tells you what to do. You can take radio calls or not, work the airport or not, use any system you can think of to make money and take breaks (or not) any time or any place you like. Furthermore, an economic recession is unlikely to cost you your job. All that happens is that you make less money. In fact, people laid off from other industries invariably swarm taxi companies looking for work during recessions. Most of them make less money driving cab than they had been making before but at least they make something.

Comparing lease drivers to workers in 19th Century sweat shops is also way off the mark. You can do what you want when you drive a cab and, benefits aside, taxi driving pays better than most clerical or retail jobs. The combination of the freedom and cash is what got me into the business - and what keeps me there.

However, the biggest advantage of the Independent Contract clearly goes to the companies. The ability to fire people (excuse me "cancel their leases") without cause has given cab companies way too much power and led to abuses that I've written about earlier (see Alleged Tipping and the series on the Independent Contract). Beyond that it has saved the companies huge amounts of money that they have not had to pay in the way of taxes and benefits.

The gates and gas system has also made the taxi industry recession proof. Although the taxi business is currently down (by most accounts) 30% to 50%, the companies are flourishing. Former stock brokers, computer geeks, money managers and (god knows) maybe lawyers are lining up to drive cabs. But they can't even get an application. The companies are backlogged with drivers. They aren't hiring.

I guess the question is whether or not this is a good thing. As a medallion holder, I appear to be benefitting from this system. But I wonder? Is is right for companies to be flourishing when the amount of actual business they do is in decline? Is it right for them to be protected from the laws of the marketplace?

Most the plans for "reforming" Proposition K, for instance, call for putting more taxis on the street. The people who drew up these plans act as if the current recession didn't exist. As such, these plans as disconnected from the economic realities of our time. Would this be happening if the companies were actually in the cab business instead of the leasing business?

Is the public truly being served by this system? The major complaint about the taxi service in San Francisco is that it's hard to get a taxi in the outlying neighborhoods. But a company cannot tell an Independent Contractor what to do. That would make the driver an employee. Therefore, the companies cannot assign a driver to a call or tell him or her to work a specific area or neighborhood. Because the drivers themselves are on a gate system, they cannot afford to stay in neighborhoods with little business and naturally head back toward the busy areas as fast as they can.

Because the City has not allowed companies to raise gates thus shrinking their income and to avoid legal problems arising from the current system, taxi companies are more and more going to long term leases. They give up their day to day control but they don't have to sweat the details either.

This is a big problem for dispatchers by the way. The days of FIVE in and FIVE out are becoming a thing of the past. They're lucky if the long term lease drivers toss 'em TWO a couple of times a month ... and that's how it should be.

However, it's difficult to see how the long term leases serve the public. Most of the drivers appear to work the airport and the companies have no control over them whatsoever. It's hard to envision these guys spending a lot of time in the Sunset taking radio calls.

I'm tempted to say that I think the system is broken and needs a drastic reform. In fact, in an earlier version, I did. But that's a drastic exaggeration. I got carried away by my own rhetoric.

On the other hand, the public isn't being served as well as it should be, the drivers are treated unfairly and the companies themselves might do better under a different set up.

The gate and gas system may be outdated. As it is the only way the drivers can make more money is by raising the fares and the only way the companies can make more money is by raising the gates. The fares are already among the highest in the country and it's hard to see how raising them now would do anything other than lose business. The gates are already too high for the amount of business we have.

There has to be a better way. All we need is a Solomon to figure it out.