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San Diego Taxi Reform - United Taxi Workers of San Diego

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The document discusses proposed reforms to San Diego's taxi industry. It notes issues like public safety, working conditions, and service quality. It then outlines several proposed reforms: 1) Establishing avenues for drivers to report issues without fear of retaliation, 2) Creating a dispute resolution forum for owners and drivers, 3) Adopting uniform lease agreements to increase transparency and protections, and 4) Placing caps on lease rates to increase driver pay and sustainability. It provides examples from other cities that have implemented similar reforms.

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San Diego Taxi Reform
1 INTRODUCTION DISPUTE RESOLUTION & ANTI-RETALIATION TAXI MEDALLIONS 2 3 4 UNIFORM LEASE AND LEASE CAPS
The Need For Reform Research on San Diegos taxi industry conducted by local graduate students and researchers from the Association of Occupational and Environmental Clinics (AOEC), San Diego State University (SDSU) and the Center on Policy Initiatives (CPI) reveal serious concerns about the way the taxi industry currently operates. Current public policy has failed to create a healthy and dynamic taxi industry that provides safe, quality service to city residents and visitors. Most importantly, the San Diego taxi industrys current system fails to adequately address significant and continued concerns of: Public Safety Working Conditions of Taxi Drivers Quality of Service for Passengers
ACLU of San Diego American Federation of Teachers Local 1931 Assemblywoman Lorena Gonzalez Center on Policy Initiatives City Heights Community Development Corporation City Heights Town Council International Association of Machinists and Aerospace Workers Mini Haha Market Mid-City CAN United Domestic Workers of America, AFSCME Local 3930 MAAC Project San Diego & Imperial County Labor Council Fatuma Restaurant Horn of African Ocean Beach Hotel San Diego Organizing Project United Taxi Workers of San Diego Coalition For Labor & Community Solidarity Employee Rights Center The San Diego City College Associated Student Government Interfaith Coalition for Worker Justice SAFE CAB San Diego is a coalition working to create a healthy and dynamic taxi industry that provides safe, quality services to city residents and visitors while also providing livable wages and safe working conditions for San Diegos taxi drivers.
Concept Concept Anti-Retaliation An avenue for drivers in the taxicab industry to raise concerns over safe practices without fear of retaliation is fundamental for promoting public safety, transparency, and establishing a healthy taxi industry. The inability for taxi drivers to effectively monitor and report unfair business dealings by taxi owners decreases the safety and autonomy of taxi drivers while greatly reducing the health and economic viability of the taxi industry.
Examples of Retaliation Regulations In Other Cities NEW YORK Title 35 of the Rules of the City of New York 則58-21(j) Retaliation. (1) An Owner must not retaliate against any Driver for making a good faith complaint against any Owner for violation of the leasing provisions . . . (2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver. Fine for violation: $10,000 plus restitution to the driver for losses CHICAGO MCC 則 9-112-190 Retaliation. No medallion owner or lessor in a medallion-only lease may retaliate in any way against any chauffeur for disclosing, reporting, or testifying about any violation of this chapter or regulations thereunder or any law. Any violation of this section may result in revocation of the medallion.
Dispute Resolution Creating a forum to effectively resolve disputes between permit owners and lease drivers would fundamentally improve the quality of the taxi industry within San Diego. Making sure that permit holders are accountable to lease drivers (and vice versa) regarding regulatory compliance concerning vehicle conditions, maintenance issues, and recordkeeping policies would greatly improve the condition of taxicabs out on the road. Currently there exists no avenue for permit holders and lease drivers to truly hold each other accountable as most lease drivers have no choice but to agree to various arbitration agreements that severely limit their remedies.
Examples of Dispute Resolution In Other Cities SAN FRANCISCO Article 1100 Regulation of Motor Vehicles for Hire 則1120 The SFMTA employs hearing officers who serve as judges in "Disciplinary Hearings" that concern a disciplinary action taken by the SFMTA concerning a SFMTA permit holder (a driver, medallion holder, color scheme or dispatch service) There is also a mechanism to appeal the decision of the hearing officers through a "Board of Appeals Hearing" NEW YORK Office of Administrative Trials and Hearings (OATH) The OATH Taxi and Limousine Tribunal is an independent tribunal responsible for hearings on issues relating to violations of New York Code and Taxi and Limousine Rules and Regulations. Hearing officers serve as judges.
Uniform Leases Adoption of a uniform lease will have multiple benefits for the industry as a whole. First, it will help protect drivers from unfair or vague lease provisions such as arbitration clauses that discourage drivers from pursuing complaints against permit holders. Second, uniform leases will help promote transparency in the taxi industry by promoting better understanding of each parties rights under the law. Third, by adopting uniform lease provisions, it will allow for easier regulation of the taxi industry by standardizing the rules that govern permit holders and taxi drivers.
SAMPLE UNIFORM LEASE - CHICAGO
High Medallion Prices High Lease Rates Long Hours Behind the Wheel Risks to Public Safety Lease Caps The cost of lease is the biggest overhead expense that drivers bear as independent contractors. Due to unreasonable increases in the transfer sale of Medallions, lease rates have skyrocketed as well. For example, lease rates have more than doubled since 2002. A lease cap would: Increase driver take home pay Return job sustainability Ensure fair practices Promote public safety
Several major cities, including New York City, Chicago, Seattle, Philadelphia, and San Francisco, have implemented rules regulating the maximum amount permit owners can charge a taxicab driver to lease a vehicle. Examples of Lease Caps
$100K+ $3K TaxiMedallionTransfers Medallion Transfers Permits are public property of the City of San Diego and are therefore not private property of individuals or companies. Permits are a privilege granted by the City for a period of time, much like liquor licenses, and should be surrendered to the city upon cessation of operation. Allowing the transfer of Medallions is not good policy since it does not benefit the public in terms of better services and lower fares. This practice benefits primarily those who receive the initial issuance by allowing them to profit hugely in the sale of these permits. Further, this practice encourages corruption in the industry especially in the allocation and issuance of Medallions. Several cities, including Austin, TX; Minneapolis, MN; Los Angeles and San Jose, CA, have prohibited the transfer of medallions. Also, the San Diego International Airport has stopped all transfers of airport permits starting this year. Original Price Transfer Price
Ive been driving for 10 years Medallion Issuance Only 11%of licensed drivers hold a medallion. 89% do not. Lease Payments consist of 40% of drivers costs. Drivers should be given priority to be owner- operators. Because a majority of licensed drivers do not hold their own permit, they should be given priority if permits are released. Drivers, who have served the City of San Diego for more than 5 or 10 years, have been excluded from the true benefits of the taxi industry. These drivers are qualified and ready if given the opportunity to become owner-operators. This will result in lifting drivers out of poverty to enter the middle class. This will also democratized control of the industry to a larger group of stakeholders.
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San Diego Taxi Reform - United Taxi Workers of San Diego

  • 1. San Diego Taxi Reform
  • 2. 1 INTRODUCTION DISPUTE RESOLUTION & ANTI-RETALIATION TAXI MEDALLIONS 2 3 4 UNIFORM LEASE AND LEASE CAPS
  • 3. The Need For Reform Research on San Diegos taxi industry conducted by local graduate students and researchers from the Association of Occupational and Environmental Clinics (AOEC), San Diego State University (SDSU) and the Center on Policy Initiatives (CPI) reveal serious concerns about the way the taxi industry currently operates. Current public policy has failed to create a healthy and dynamic taxi industry that provides safe, quality service to city residents and visitors. Most importantly, the San Diego taxi industrys current system fails to adequately address significant and continued concerns of: Public Safety Working Conditions of Taxi Drivers Quality of Service for Passengers
  • 4. ACLU of San Diego American Federation of Teachers Local 1931 Assemblywoman Lorena Gonzalez Center on Policy Initiatives City Heights Community Development Corporation City Heights Town Council International Association of Machinists and Aerospace Workers Mini Haha Market Mid-City CAN United Domestic Workers of America, AFSCME Local 3930 MAAC Project San Diego & Imperial County Labor Council Fatuma Restaurant Horn of African Ocean Beach Hotel San Diego Organizing Project United Taxi Workers of San Diego Coalition For Labor & Community Solidarity Employee Rights Center The San Diego City College Associated Student Government Interfaith Coalition for Worker Justice SAFE CAB San Diego is a coalition working to create a healthy and dynamic taxi industry that provides safe, quality services to city residents and visitors while also providing livable wages and safe working conditions for San Diegos taxi drivers.
  • 5. Concept Concept Anti-Retaliation An avenue for drivers in the taxicab industry to raise concerns over safe practices without fear of retaliation is fundamental for promoting public safety, transparency, and establishing a healthy taxi industry. The inability for taxi drivers to effectively monitor and report unfair business dealings by taxi owners decreases the safety and autonomy of taxi drivers while greatly reducing the health and economic viability of the taxi industry.
  • 6. Examples of Retaliation Regulations In Other Cities NEW YORK Title 35 of the Rules of the City of New York 則58-21(j) Retaliation. (1) An Owner must not retaliate against any Driver for making a good faith complaint against any Owner for violation of the leasing provisions . . . (2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver. Fine for violation: $10,000 plus restitution to the driver for losses CHICAGO MCC 則 9-112-190 Retaliation. No medallion owner or lessor in a medallion-only lease may retaliate in any way against any chauffeur for disclosing, reporting, or testifying about any violation of this chapter or regulations thereunder or any law. Any violation of this section may result in revocation of the medallion.
  • 7. Dispute Resolution Creating a forum to effectively resolve disputes between permit owners and lease drivers would fundamentally improve the quality of the taxi industry within San Diego. Making sure that permit holders are accountable to lease drivers (and vice versa) regarding regulatory compliance concerning vehicle conditions, maintenance issues, and recordkeeping policies would greatly improve the condition of taxicabs out on the road. Currently there exists no avenue for permit holders and lease drivers to truly hold each other accountable as most lease drivers have no choice but to agree to various arbitration agreements that severely limit their remedies.
  • 8. Examples of Dispute Resolution In Other Cities SAN FRANCISCO Article 1100 Regulation of Motor Vehicles for Hire 則1120 The SFMTA employs hearing officers who serve as judges in "Disciplinary Hearings" that concern a disciplinary action taken by the SFMTA concerning a SFMTA permit holder (a driver, medallion holder, color scheme or dispatch service) There is also a mechanism to appeal the decision of the hearing officers through a "Board of Appeals Hearing" NEW YORK Office of Administrative Trials and Hearings (OATH) The OATH Taxi and Limousine Tribunal is an independent tribunal responsible for hearings on issues relating to violations of New York Code and Taxi and Limousine Rules and Regulations. Hearing officers serve as judges.
  • 9. Uniform Leases Adoption of a uniform lease will have multiple benefits for the industry as a whole. First, it will help protect drivers from unfair or vague lease provisions such as arbitration clauses that discourage drivers from pursuing complaints against permit holders. Second, uniform leases will help promote transparency in the taxi industry by promoting better understanding of each parties rights under the law. Third, by adopting uniform lease provisions, it will allow for easier regulation of the taxi industry by standardizing the rules that govern permit holders and taxi drivers.
  • 10. SAMPLE UNIFORM LEASE - CHICAGO
  • 11. High Medallion Prices High Lease Rates Long Hours Behind the Wheel Risks to Public Safety Lease Caps The cost of lease is the biggest overhead expense that drivers bear as independent contractors. Due to unreasonable increases in the transfer sale of Medallions, lease rates have skyrocketed as well. For example, lease rates have more than doubled since 2002. A lease cap would: Increase driver take home pay Return job sustainability Ensure fair practices Promote public safety
  • 12. Several major cities, including New York City, Chicago, Seattle, Philadelphia, and San Francisco, have implemented rules regulating the maximum amount permit owners can charge a taxicab driver to lease a vehicle. Examples of Lease Caps
  • 13. $100K+ $3K TaxiMedallionTransfers Medallion Transfers Permits are public property of the City of San Diego and are therefore not private property of individuals or companies. Permits are a privilege granted by the City for a period of time, much like liquor licenses, and should be surrendered to the city upon cessation of operation. Allowing the transfer of Medallions is not good policy since it does not benefit the public in terms of better services and lower fares. This practice benefits primarily those who receive the initial issuance by allowing them to profit hugely in the sale of these permits. Further, this practice encourages corruption in the industry especially in the allocation and issuance of Medallions. Several cities, including Austin, TX; Minneapolis, MN; Los Angeles and San Jose, CA, have prohibited the transfer of medallions. Also, the San Diego International Airport has stopped all transfers of airport permits starting this year. Original Price Transfer Price
  • 14. Ive been driving for 10 years Medallion Issuance Only 11%of licensed drivers hold a medallion. 89% do not. Lease Payments consist of 40% of drivers costs. Drivers should be given priority to be owner- operators. Because a majority of licensed drivers do not hold their own permit, they should be given priority if permits are released. Drivers, who have served the City of San Diego for more than 5 or 10 years, have been excluded from the true benefits of the taxi industry. These drivers are qualified and ready if given the opportunity to become owner-operators. This will result in lifting drivers out of poverty to enter the middle class. This will also democratized control of the industry to a larger group of stakeholders.