World HOt toPPIX

Boosted by a recent Supreme Court decision, New York City cab drivers claim warrantless GPS tracking exposed thousands of drivers to bogus prosecutions and.

Boosted by a recent Supreme Court decision, New York City cab drivers claim warrantless GPS tracking exposed thousands of drivers to bogus prosecutions and license revocations.

Lead plaintiffs Koffi Aka and Robert Carniol filed a federal class action against New York City, its Taxi and Limousine Commission, and commission Chairman David Yassky, the leader of the 9-member board.

New York City Law Department Senior Counsel Diana Murray defended the legality of its GPS tracking in an email statement to Courthouse News.

?* The courts have long recognized that 4th Amendment privacy protections are not applicable to certain highly regulated industries such as the pawn shop and taxi industries,? Murray wrote. ?TLC only receives GPS data from taxicabs when the driver is on-duty ? not when the driver is off-duty. Also, except for credit and debit card information, data collected from the GPS devices reflects exactly the same information that cab drivers have long been required to document in handwritten trip sheets.?

The cabbies? 23-page class action cites the Supreme Court?s January ruling that police violated a suspected drug trafficker?s 4th Amendment rights by placing a GPS device in his car.

The cabbies claim that the Taxi and Limousine Commission falsely prosecutes cab drivers for overcharging riders, based on GPS-gathered information.

?In many cases, including Mr. Carniol?s, the TLC ultimately revoked hack licenses solely on the basis of GPS tracking evidence, without even a single complaining witnesses complaining or testifying against them,? the complaint states.

The class claims that in 2007 the Taxi and Limousine Commission forced all New York City medallion-holders to install GPS devices as part of a Taxi Technology System, required that every cab transmit license information, location of each trip, number of passengers, metered fare and distance to the commission.

?Thus the TLC requires that all taxis and taxi drivers continuously transmit to the TLC or its agents by use of GPS their locations at all times,? the complaint states. ?While taxis must have this technology installed, nothing in the TLC?s rules permits (or even mentions) the TLC to use GPS data to prosecute taxi drivers even criminally or administratively.?

The New York Taxi Workers Alliance challenged the new technology in 2007 in a federal privacy lawsuit. The TLC beat the charges, in part, by assuring the court and the public that it would not use the GPS to track individual drivers, according to the complaint.

But the cabbies say the TLC changed its tune after it snared cabdriver Wasim Khalid Cheema for charging Rate 4 (out-of-city) fares for local rides. After finishing the Cheema investigation, the TLC scoured its 42,000-vehicle database for evidence of similar frauds, according to the complaint.

On March 12, 2010, a Friday night, the TLC told the press that its broader investigation had uncovered an $8.3 million scam implicating more than 33,000 drivers, based almost entirely on GPS data.

?Even after the TLC publicized the alleged Rate 4 problem and it was widely reported in print, radio and television, just ?a couple? of alleged victims came forward,? the complaint states. ?Nor has the TLC ever claimed any exigent circumstances that would have made it impossible or even inconvenient to secure a search warrant.?

?Just 10 days later, however, the TLC admitted that the account it had aggressively marketed was wildly inaccurate,? the complaint states.

However, ?Rather than accept responsibility for the errors, [TLC Chairman Matthew] Daus claimed, ?The numbers that the press reported? ? which were precisely the numbers the TLC announced ? were misleading.

?While the TLC had now conceded its initial numbers were wrong by a factor of six in terms of trips and incorrect by a factor of eight in terms of dollar value, the media still presented the ?scam? as pervasive,? according to the complaint.

?The May 14 [2010] press release, apparently certain that its restated numbers were correct, outlined the TLC?s prosecution strategy,? the complaint states. ?The agency announced it was ?in the process of initiating license revocation proceedings against taxi drivers who were identified with 50 or more overcharges. Drivers with evidence of between 10 and 49 overcharges would have the option to surrender their TLC license or face fines ranging from $1,000 to $5,000. Drivers with less than 10 overcharges would be reviewed on a case by case basis.??

The cabbies say the TLC has sent letters demanding that more than 2,000 drivers enter settlements, and has claimed that its dragnet reaches more than 21,000 drivers.

Aka and Carniol demand punitive damages for the class and an order declaring warrantless GPS tracking of cab drivers unconstitutional.

I will be quiet after this posting but I have to say thanks for this article. I read about the supreme court decision and knew it has huge implication to taxi GPS.

Who cares if they are tracking cabs, what does it matter? The entire Taxi inudstry is absolutely finished, kaput. Do what I am doing and look for another job. I?ve been driving on and off for over 30 years, since 1981, and these past few years have been nothing but a slow destruction of the industry, and I blame Bloomberg directly. This absolute psychopath does not want ANY cars in Manhattan. He wants everyone riding bikes so he has hit taxi drivers where it hurts: Their pockets to the point now where taxi driving is basically a volunteer job because you make NOTHING!

Anybody work today? Saturday? What did you make today?, $30 bucks for 12 hours work? Yet the garage gets their lease, the city gets their MTA tax and sales tax and the credit card companies get their cut, then the city and state get paid again with YOUR money when you buy gas and have to pay $3.70 a gallon. You are BEING USED. PANHANDLERS make more than taxi drivers! Think about that! They make anywhere from $100 to $200 a day!. What needs to happen is drivers need to strike, and the way you do that is you refuse to drive or pick up people in a certain neighborhood. How about Bloombergs neighborhood to start? A regular strike with everyone taking off will never work. We need to refuse to be abused where we are abused. REFUSE TO DRIVE OR PICK UP ANYONE ON THE UPPER EAST SIDE OR DRIVE ANYONE TO PENN STATION UNTIL THIS ABUSE ENDS! PENN STATION IS NOT A TICKET DUMP FOR COPS! IT IS A TRANSPORTATION HUB! BLOOMBERG DOES NOT HAVE THE RIGHT TO STEAL YOUR MONEY!

Oh yes, and let?s not forget Bloomberg pushing of legalizing street hails for livery cabs. Drive someone to Brooklyn and you get no passengers going back. This is in addition to the pedi-cabs that steal passengers and the 9000 tour buses that steal tourists. HOW FAR ARE YOU GOING TO LET THIS GO?

Nick, I agree with you. taxi drivers need some one like this plaintiff here to file federal case against the TLC, Garages, nyc, the inhumane treatment to taxi driver should stop. drivers should have a better quality life in the U.S. not being treated as slave. The strike should take as long as the demands are met. 1 or 2 days means nothing. taxi alliance union should cover the lease for all their members if on strike.

To me, the name TLC has long been synonymous (has the same meaning) as a vampire organization. This notorious government organization called Taxi and Limousine Commission owes his existence to sucking cab driver?s blood. We have cab drivers in this industry that their families overseas live on ONE DOLLAR a day! So, if this cab driver is able to send his family in Africa or Bangladesh one dollar a day, don?t expect any strike any time soon.

2) The life of the car should go up to 12 years for owner operators. Unfortunately, the city of NY thinks that New Yorkers ass is made of GOLD, therefore, they deserve to sit in a new car every five or six years. If this is not blood sucking, what would you name it?

i agree with everyone?s opinion here but iv been driving now for almost 5 years and the business is going down the drain and iv never seen it like this before?its like we are just working for the garages and we make nothing at the end of the shift and deal with other bs besides that. i think its time to say that the end is near for this so called ?hustle? job.

Re:Chris?I?m getting the ACLU involved and they are VERY interested especially about the part about drivers being used as toll collectors with this MTA tax. That makes drivers employees of the city. I have written Bloomberg countless times that he is setting the city up for a massive lawsuit and I never got any response. Well now he potentially has one on his hands. How would you all like to receive back pay from when this MTA tax went into effect? Also they are investigating civil rights abuses. The city is obviously taking advantage of immigrants and it is going to cost them big time. Make sure you keep all your days receipts and keep your license up to date and valid. Also I have a NY Post reporter going to put out a story soon on what has been going on in this industry these past few years. Think one person can?t make a difference? Let me show you??I do this not only for myself but also for all you guys out there who bust your balls day after day after day and get ripped off in return..

Hi guys. If you say something, it must be right. If you don?t want gps tracking, don?t cheat the customers ( not all of us but some of us still does ). If you want respect, show some respect ( start with the other taxi drivers! ). You can?t use the car for 12 years. It can not be safe and economic ( do some math! ). If you want to win competition against black cars, don?t refuse customer. One more thing, no body cares about you have to send money overseas. You should appreciated you are working here. Don?t just make money and send it over, spend here so our economy can be better. I am an immigrant too, let?s be honest; we would not allow any foreign to work in our city. We should not use New York for temporary working place. It is our city too. By every way, we have to treat our city like our home. If we don?t look that way and just make some money and get the f*** out here, people will have a right to say ?get the f*** out of my city?.

I strongly advice you to love your city, your job and your customers. instead of talking on the phone, chat with them. That makes you have hundreds supporter, increase English skill, learn your city and people. Keep clean your car, you are the one who breath that air and touch every point for 12 hours. Drive carefully, obey laws. Think, If you were a police officer, how many taxi drivers would you shoot!!! I think polices have more patience than us.

Re : NICK?Wow, You hit it on the Head , We work for the MTA and cant use the bus lanes ? The customer pays the Toll, we pay to collect it if its put on Credit Card 4.80 on cc = .24 cents cost to driver !!! ?Thanks for fighting the good fight man , BUT the industry lost its CLOUT When we let the City rule on Car Retirements ages / 5 years for Indiv. and 3 years for fleets ! Hence the LARGE Fleet charges to Drivers , I say it should be min. 4.

As long as the drivers are fighting each others AND Wont UNIONIZE we are so screwed ?.If YOU want to get serious and Organize let me know ..PS I,m in the buss.

You can include images or files in your comment by selecting them below. Once you select a file, it will be uploaded and a link to it added to your comment. You can upload as many images or files as you like and they will all be added to your comment.

sidney: Looking for Weekend driver Sun-Double, Mon/Tue/Wes Night Available for Escape Woodside change Call 646-479-5079 or 917-902-4158 sidneyhan@yahoo.

EVELYN: im looking for a night shift at lease monday to friday,mi lisence is clean i been driving for 14 years yellow cab i live in jersey city,you can call me at 787)

ALI: looking for a Day driver for 4am to 4 pm in queens for 2009 Ford Escape for 3 weeks strating from feburary 17th next Friday. I live near by JFK. Lease is reasonable only $625.00.

Ronnie: Day driver wanted for Wednesday and Thursday..Its a Toyota Sienna. Lease would be 200 for two days.You can reach me at 312-622-1167.

CreditCardCabbie: Raise the cab-fare fairly won't be easy, unfortunately the TLC' held up that almost a decade. They never explained to the drivers, but they increased the number of rules and multiplied the fines.

KAMRAN: I am looking for day 5am-5pm shift on weekly basis. I live at Sunnyside, Queens. Will start from Monday Feb 13. Call me at 718 668-5010 !

crazy dude: credit card cabbie, my opion is to raise the fare, a minimum 15% tip will be added to credit card user, because if the fare is raised, customer will deduct them from your tip. if customer want to pay more, they can. the garage will remain the same lease price for new car only, each year they need to lower the price according to the depreciation value they claim on their tax credit. example: if the lease is 850 for 2012 car and the depreciation value is 10% when they do the taxes next year, the lease for 2012 car in 2013 should be $765 and on 2014 should be $689 and so on...what do you think??

crazy dude: hey aamir, your accident can be avoid, this cutting off shit happen thousand times a day, cabs cut you off with or without passenger, specially empty cabs want to pick up a fare infront of you, you can just hit the brake and let them go first, you will not get a strok if you just hit the brake. this is call courtesy. where most of the taxi driver don't have, now , and don't know how, Is this worth the time and money that cost you to argue ...cost you money to hire a lawyer... think about it.

aamir.(i Nd TLC lawyr): some one complatian on me i Need a Good TLC lawyar.my phone 203-5430503. you can see on youtube video. "affulant' accidant 1 and accidant 2. thankyou.

aamir2035430503Bklyn Brghtn Bch: i want to drive nite shift for 7 days a week. any car any modal,soon as possible, i live in Brooklyn Brighton Beach. Check out my videos on Youtube. Affulant. How people treat cab drivers.

YellowCabNYC.com has been in the transportation business for over a century and has helped tens of millions of your fellow passengers from all over the world get to where they're going in style and comfort for a price that is affordable. All of our drivers are fully licensed and bonded; in addition, you can expect your driver to be professional and courteous. YellowCabNYC.com is not affiliated with the City of NY or TLC. NYC Taxi and I Love New York are property of their respective owners.We are as flexible as you need us to be so if you're party is more than 3 or 4 people we will happily provide you with an SUV, van or even a limo to help you get from your point A to point B anywhere in New York or the surrounding area. While we specialize in transfer to and from the airport, we will be happy to take you wherever you need to go.