Category Archives: Ground Transportation

Uber Bill HB 1389 Florida examined

UBER’s HB 1389 IS BIASED AND flawed:

 

Florida State senate’s new bill HB 1389 is filled with flaws and does not address public safety, public interests, and is aimed in advancing interests of venture funded Uber that wants to operate on their own terms. So I will begin by brief introduction of the bill, examining the bill and question some issues that require questioning and cross examination.

First the bill wants to void county government  control (taxi  and limousine Commissions, and take on the role of county governments. In another words, the state creates, amends, modifies, and enforces all  rules as they see fit for each and every county within state of Florida for the Limousine industry. This no similar as if the  federal government marched in and took control of state motor vehicle department and decide to make ONE Universal set of motor vehicular rule for all states- and even tell you that the federal government is responsible for all audits and enforcements. This is exactly what the state senate of Florida wants to do.

My first question is that do residents of Miami desire the same rules for their transportation as ones who reside in Orange County? My next question can the state government micro manage and handle consumer complaints for every county within the state of Florida? Now let us further examine the vaguely written bill.

The bill cites that limousines should be made on a pre-arrangement without specifying how far in advance shall reservation be made. The prearrangment rules were made to separate taxis from limousines, because shady operators wore limo outfit while operating a  taxis without paying for taxi permits and registering and licensing of a taxicab. Most counties taxi and livery commissions have  made prearrangemt rules 30minutes to an hour, and set minimum fares to resolve these conflicts. So what is a an advance reservation time? Bill 1389 being vaguely written seem to a disadvantage for legitimate taxi transportation companies and be in support of Uber which has been offering on demand transportation with 2minute eta, 8 minute eta’s.

 

In addiition, Bill 1389 fails to protect consumers from overcharges and abuses of price gouging, whereas the county commissions have set strict and clear language about overcharges. The bill vaguely writes about fare calculations to be on basis of distance and time and flat rates where necessary. The bill does not outline  devices are to be used for chauffeured cars. County commissions clearly did not allow metering instruments in chauffeured limousines to separate conflicts of interest.

The bill being vaguely written seems more intentional and in best interest of Uber.

Uber fares are being measured similar to taxis metering, and has undercut taxi rates on the UberX service. In addition, Uber has been abusing customers by price gouging them at busier times.

So the Florida Senate  needs to clarify the advance time to make a reservation just as the county taxi commissions have done. In addition, they shall set fare minimums and establish a clear policy on price gouging and overcharges. Does the state intend on a universal one size fits all minimum reservation time for all?

The bill then goes onto states that all vehicles shall be no older than ten years in service. Well this seems to be more of a taxi service, because anyone who is operating a car that old can compete with taxis.

The bill goes onto minimizing the liability insurance requirements, and replace a commercial for hire vehicle policy to a personal auto liability coverages and driver/owner of car may purchase supplemental umbrella insurance policy. Again, these rules do not mirror chauffeured luxury limousine industry. Rather it is pretty much more of a taxi disguised in a limo outfit.

This is exactly why Uber wants deregulation at state level so they can operate private driver owned cars on UberX, These private cars on UberX do not have to pay for permits, commercial for hire vehicle insuarnce policies, drug tests, and all the other costs that associated with for hire vehicle. Given them having these advantages, they can undercut taxis and operate outside rules and regulations. With taxis becoming almost extinct, then UBER can price gouge when hey want, how they want and whenever they want.

Will consumers file price gouging, driver and ompany complaints with state? Can state handle every counties needs in a timely manner as the county taxi and limo commissions do? Does the one size fits all work for all Florida? Bill 1389 should not be ratifies because it is written poorly and does not work in best interest of public, laborers, and industry.

Uber has always claimed that the industry in anti technology and does not want competition. Well why did Uber sabotage another mobile car service ordering app in November 2013 in New York by ordering cars and then canceling rides?

New Jersey Uber Driver Says He Gets ‘Short-Changed In Virtually Every Way Possible’

New Jersey Changed In Virtually Every Way Possible’

david-fagin

N.J., resident David Fagin tells us that much of this progress may be coming at the expense of Uber’s drivers, particularly in Northern Jersey, where it borders New York City. Due to New York City’s requirement for those providing for hire services to be licensed in accordance with NYC licensing  Taxi regulations has led to an excess of unlicensed for hire drivers and unlicensed for hire vehicles in New Jersey  — and  saturating unlicensed unregulated driver in New Jersey than the Big Apple.

Fagin says, works against Jersey Uber drivers, especially if they have to ferry passengers into New York. They’re banned from picking up fares on the way back and can get their vehicles impounded by New York City Taxi & Limousine Commission for operating unlicensed for hire vehicle and unlicensed for hire driver — and so to lose valuable driving time while stuck in traffic at the Hudson river crossings. “To drive for Uber in New Jersey is to be short-changed in virtually every way possible by an unfair and under-developed system in immediate need of revisions,” he says.  New York City TLC should allow us to pickup passengers in New York City to transport them back to New Jersey.

His comments were similar to many we’ve heard from other Uber drivers.  the folks on UberX, the cheapest of Uber’s services. Professional drivers trying to earn a full-time living have grumbled that the money is not as good as licensed  taxi cabs and licensed  livery cab service.

Josh Mohrer, general manager for Uber NY//NJ, declined to address Fagin’s claims specifically. He gave us this statement:

Since launching in November, drivers have been flocking to uberX in NJ as a flexible and lucrative way to make income without having taxi and livery insurance and plates. In the weeks and months ahead, we will continue to deliver that option to even more NJ riders and drivers – expanding the service throughout the state.

Who is Mathew W. Daus?

Who is Mathew Daus?

Mathew Daus is a friend of the transportation industry who also served as a Commissioner of the New York Taxi & Limousine Commission. Many within industry and the New York Taxi and livery market found that he served as a competent commissioner who heard the voice of the industry and made rules and regulations equitably to serve public and industry.

Matthew W. Daus

Matthew W. Daus’ practice focuses on transportation law, counseling clients on a broad range of matters including regulatory compliance, strategic planning, procurement, litigation, administrative law and public policy. Within this area Mr. Daus coordinates representation on a wide array of legal needs and services representing ground transportation and related businesses. Mr. Daus also practices in the area of employment law, advising employers concerning the hiring and discharge of employees, employment discrimination laws and general personnel and policy matters.

Before joining Windels Marx to lead its Transportation practice, Mr. Daus served as Commissioner and Chairman of the New York City Taxi and Limousine Commission (“TLC”) for eight and one half years, appointed by Mayors Giuliani, Bloomberg and the New York City Council. Prior to his tenure as the TLC’s longest serving Chief Executive Officer, Mr. Daus served as General Counsel to the Commission and Deputy Commissioner for Legal Affairs since 1998, and before that, as Special Counsel to the TLC Chair – supervising over 75 lawyers and Administrative Law Judges. Mr. Daus also served as General Counsel to the New York City Community Development Agency (now the Department of Youth and Community Development), Special Counsel to the New York City Trade Waste Commission (now the Business Integrity Commission), and as a Prosecutor for the New York City Commission on Human Rights.

In 2010, Mayor Bloomberg and the New York City Council appointed Mr. Daus as a Commissioner of the New York City Civil Service Commission, an independent quasi-judicial agency that hears and decides employee candidate, disciplinary, and involuntary medical leave appeals under the New York State Civil Service Law. Additionally, the President of the New York State Bar Association appointed Mr. Daus to serve on its Committee on Civil Rights.

Mr. Daus serves as a Distinguished Lecturer with the City University of New York’s (“CUNY’s”) Transportation Research Center (“UTRC”) at The City College of New York. In addition to lecturing at CUNY on sustainable transportation, transportation policy, and business law. Mr. Daus speaks internationally on a broad range of transportation topics. He also is currently the President of the International Association of Transportation Regulators (“IATR”).

Mr. Daus is a member of several non-profit boards serving as President of Community Understanding for Racial and Ethnic Equality (“CURE”), as Co-Chairman of the Brooklyn Economic Development Corporation and board member of Big Apple Greeter and the 2011 World Police and Fire Games. He also served for over eight years on the Board of NYC & Co. (the City’s tourism, marketing, convention and visitors bureau) and for several years on the Board of Brooklyn Dreams Charter School.

Setting a driver standard for your corporate Car service, Limousine service, Van service and Corporate transportation service.

Setting a driver standard for your corporate Car service, Limousine service, Van service and Corporate transportation service.

I’ll know the applicant when I see him!
Statements like this were fine just 50 years ago, but the process of hiring his changed more than a little. You must ensure that you get what you want, and only what you want, and only when you hire new employees.

The job description is essential for each and every position in your company.  It doesn’t have to be elaborate, but it should list the essential duties of the job. An essential duty is a job task that cannot be shared, given to someone else to do, or eliminated from the work. For example, a professional limousine chauffeur must ” get out of the car and opened the passenger door” or “carry client baggage up to 500 feet”. These essential duties and others should be listed in your driver job description.

Prior to hiring, job qualifications must be established. Obviously, the standard you set for your chauffeurs must relate to the chauffeurs job, as the standards will be the basis on which you eliminate poor chauffeur applicants so they must be fair and relate to the work. Avoid the irrelevant conditions as they are inappropriate at probably illegal.

Standards should itemize tasks that the driver must do. If you require a driver to lift and carry heavy baggage, you might set the standard such as must be able to lift carry load and unload a 75 pound suitcase without injury five or more times a day or shift. It might be helpful to state how far the driver is required to carry the bag.

It is also important that you establish safety standards. These might include the elimination of drivers under a certain age, as data show that younger drivers are more often involved in accidents: elimination of careless drivers, those with multiple violations under the driving record: and elimination of drivers with alcohol or drug related motor vehicle violations, as such drivers have demonstrated their inability to recognize risky driving behaviors.

Setting standards before you hire makes it easier for you to more fairly select candidates for employment. By measuring applicants against a predetermined standard, you eliminate bias and sure that the people you do hire will truly be the best available to you.

How much is Marco Rubio paid as an Uber spokes person?

Florida State Senator Marco Rubio has stepped up efforts in representation for Uber, by making special trips to Washington, lobbying on behalf of Uber. How can Marco Rubio represent Uber considering that this rogue app has so many legal issues that require a resolve? Is Marco Rubio paid for lobbying on behalf of Uber? It makes no sense, how he can lobby for them knowing all the legal issues surrounding Uber.

Uber is a transportation broker, which does not own or operate, nor do they have any control on the vehicles that participate on their mobile app network.  Here are list of issues and loopholes that Uber should resolve prior to having Rubio speak on their behalf.

  1. Uber should end any and all price gouging practices- which they refer to surge pricing- and ensure users ethical business standards
  2. hire only drivers who pass a thorough criminal back round check- ensure rider safety
  3. routinely conduct drug tests on the drivers- ensure public safety
  4. inspect all cars operating on their network via an authorized and licensed  repair facility not visual inspections- ensure public safety
  5. Uber should not use the privately licensed vehicles to conduct point to point taxi services -UberX cars are not insured and licensed and registered as taxi or for hire car services
  6. Uber should resolve amicably  on outstanding lawsuits in San Francisco and Boston brought on by their former drivers who were cheated out of tips.
  7. Uber should apply for central dispatch base licenses in any municipality it wants to operate.
  8. Uber should NOT apply for central dispatch base licenses other than the name Uber Technologies. For example in New York City, they have held for hire vehicle base licenses under the names “Weitter LLC”,  “Schmeker LLC”, “Unter LLC”- this is one legal way of bypassing legal liability.
  9. Uber should carry liability insurance under their name ” Uber Technologies Inc”, not Raiser
  10. Uber should carry an insurance liability other than the insurance which is based in Bermuda and has offshore bank accounts and backed by Goldman Sachs, which has funded Uber.
  11. Uber should also settle the outstanding lawsuit against it for killing a 6 year old on New Years Eve in San Francisco, and injury others.
  12. Uber should not advertise as a taxi service if it is operating itself as a car service or a luxury limousine service.
  13. End  practice of sabotaging competitors mobile car hailing apps, ( as it has done in NYC with Gett)

Uber has other legal issues that it must resolve in Canada, France, China, and many US cities.

So the question is, how much money is Marco Rubio being paid to be the official Uber spokes person? After all, when examining Marco Rubio’s personal history of  using state credit card for personal expenses, having close ties with financial thugs. In addition, Rubio’s false claims about his families emigrating to US during Fidel Castro, whereas the records indicate that his family came 2 years prior to Castro taking over Cuba begin to raise an eyebrow on Marco Rubio.

The big question is Marco Rubio, how much money are you being paid when everyone knowing the legal issues surrounding Uber Technologies?

 

 

thatUber has encountered  criminal drivers, bypassing taxi licensing and regulations, and even not having insurance. Most recently, Uber claimed to have purchased A MILLION dollar insurance liability but withheld it’s so called liability insurance from public, until it was leaked. The

Florida Limo Service Operators seeing more revenue growth

ORLANDO, Fla. — Besides California and Nevada, no other state took the recession harder than Florida. It was a Ground Zero for the mortgage bubble collapse, which burst across the state.

Although the slump officially ended in June 2009, the recovery has been slow and bumpy for the Florida limo service operators. Today, all indicators are turning positive for the future of the chauffeured transportation industry.
During a January visit to Florida operators and industry suppliers in the Tampa Bay area, Orlando, Ft. Myers and Miami, the mood was upbeat as business has increased statewide. Of course, not all operators are smiling — especially some small-fleet companies that grind it out every day for tight profit margins, but generally the business for 2014 and beyond is healthy, interviewees say.

In addition to a general uptick in the state’s economy, other contributing factors spurring growth for private transportation operators include increases in tourism, conventions (slightly), airport expansion, corporate business and farm-out business.

Orlando, the biggest region for tourism, has had three straight record years, welcoming more than 57 million visitors in 2013. It has been cited as one of the fastest growing cities in the country, now topping two million residents. The Miami region is recovering as high-end visitors from South America, Russia and Europe don’t blink at $1,000 per night luxury hotels and some rent penthouse suites, such as one at The Setai, that costs a mere $32,000 — per night. Further north, the Fort Lauderdale-Hollywood International Airport is undergoing a $2.3-billion expansion, which will better compete against the bustling Miami International Airport.

On the flip side, Florida operators also are paying more for airport fees and fuel. A surge in insurance costs is a common topic of concern coupled with the state’s recent stepped up enforcement — and fines — on operators who are not DOT compliant.

to read the entire article on LCT Magazine: click here

 

 

Police Not responding to Motor Vehicle Accidents- New Trend

Start Of A Trend?

New York City, and Las Vegas have become the latest city to determine that, unless there are injuries or fatalities involved, its police department will not respond to the scene of a vehicular accident. So, there won’t be any police investigations or written reports on property-damage-only accidents. As of March 3, 2014 in Las Vegas, it became the responsibility of those involved in the collision to make sure that identification and insurance information is exchanged and that the incident is reported to the authorities. The decision follows other cities that have enacted similar policies, including San Francisco, Los Angeles and San Diego, and it could start trending across the country.

Police Priorities The overriding reason for this change of policy is that the police claim they don’t have the time to deal with these incidents any longer. Police estimate that every week, they spend 55% of their time – 250 hours – on these “fender-benders” and they have many more pressing matters to deal with. One issue they are addressing is the case in which one of the parties involved refuses to exchange information or if one party leaves the scene of the accident. In the first instance, the police can be called to respond, and, in the second, leaving the scene constitutes a “hit-and-run” accident which the police will continue to cover in person. They will also continue to respond to instances of drunk driving. Those opposed to the new rule are concerned that it makes it more difficult for motorists to determine and agree on who’s at fault, what needs to be reported to what agencies and how to properly determine insurance issues. The Nevada Insurance Council already called the move a “poorly executed plan” that could lead to safety problems and higher insurance costs.

Fear of Fraud Any crash, especially one in which police are not on scene, can also open the door to fraud, because it’s one person’s word against the other. This is why it is of the utmost importance to document the scene carefully and as soon as possible. Take photos, including close-ups of all damaged areas of each vehicle, and of the general scene from all angles. Get witness information from anyone who may have been at the scene, including your passengers, and document the number of occupants who might have been in any other involved vehicles. As soon as you can, call your insurance company to report the incident and what you have done to document the scene. It makes sense to perform all these steps whether you’re in a location where police respond or not. Las Vegas has published a list of Frequently Asked Questions for Property Damage Only Traffic Accidents, which gives some precise information on what is expected to accurately document a scene. And, even if you are nowhere near Las Vegas, there are areas of the country that have implemented this same policy, and many more are likely to follow as police budgets continue to tighten.