Hello to all. It feels like this Summer has flown by as we now enter its last few weeks before Autumn begins. I hope everyone enjoys the end of summer and has a happy, healthy, and safe Labor Day. There are a few things I have to update you all on, so I’ll jump right into it.

In August, the Taxi & Limousine Commission (TLC) held a hearing on their proposed rules for implementing the recently passed law allowing interior advertising devices in for-hire vehicles (FHVs). This has long been a controversial issue and this ended up being a pretty embattled hearing itself.

Curiously, TLC Commissioner and Chair David Do made no comments on the proposed advertising rules before taking comments from the public. Ultimately, no one who testified supported the proposed rules as written. For example, NYC Council Majority Leader Amanda Farias, who sponsored the legislation underpinning the rules, attended the hearing to testify against the proposed rules. One of her biggest points of contention was the TLC’s proposed requirement that 15% of all content on the advertising devices be controlled by the TLC. Farias said that this was an overreach from what the law authorized, and that overall, the TLC’s proposed rules strayed from the intent of the interior advertising laws.

Tipping, however, ended up being the biggest issue that came out of the hearing. As currently drafted, the TLC’s rules would prohibit in-vehicle advertising screens from facilitating tips or any payments. However, rideshare media companies in other cities can (and do) integrate their screens with the Uber and Lyft apps so that, when a passenger gets in their Uber/Lyft, the tablet pairs with the app and the passenger can tip through the in-vehicle screen or through the app. One driver testified that the additional tipping option would end up generating more revenue than the advertising revenue itself. It’s unclear how much revenue the drivers would earn from advertising, but testimony from drivers who currently use the Octopus (T-Mobile) device suggests that it can range from $20 to $80 per month. The Independent Drivers Guild also was strongly in favor of allowing tipping through the devices.

The key takeaway is that the TLC is going back to the drawing board and will rewrite the rules with a better understanding of the rideshare media business and the capabilities of in-vehicle advertising technology. The TLC will hold another hearing in the future to get feedback on their revised rules proposition. While the purpose of a public hearing is to get feedback, it’s clear that the proposed rules were not as well thought out as they could have been. Given the politics of the situation, we believe that the TLC will make some significant changes.

Moving onto some congestion pricing news, the indefinite pause on the start of the plan continues, however in August we learned that Governor Hochul is considering proposing a lower toll, and further exempting municipal workers like police, firefighters, ambulance crews, and teachers. Congestion-pricing backers said that lowering the tolls will only further delay the plan because it will require new approval from federal transportation officials.  There are also two lawsuits alleging that the governor does not have the authority to unilaterally “pause” congestion or essentially override the MTA as an independent public authority.

From our perspective, this is concerning because ultimately this plan is legally obligated to raise one billion dollars annually for the MTA, and if the  State or the MTA  start granting further exemptions and lowering the daily toll for drivers, then that money needs to be made up somewhere. I am worried that the easy fix would be to increase the toll on passengers of FHVs. This would be a major step back from what we fought for and the MTA finally passed. This is an issue we will have to continue monitoring closely.

Last month I wrote that The Black Car Fund has begun a pilot program to bring our Enhanced NYS-Certified Defensive Driving Course (DDC) to locations in upstate New York. Throughout this summer, we have held a number of pop-up classes as we worked to secure a location for consistent classes. We now have that location so if you’re a driver living near Buffalo and want to get paid $300 to take the DDC , please visit https://linktr.ee/nybcf to view our Linktr.ee page, where you can find all our social networks, as well the link to sign up for these Buffalo classes.

Our Linktr.ee and social media pages are also the best way to ensure that you’re the first to learn the details about our next BCF Resource Fair. It is slated for the end of October, so stay connected with us to learn more!

On a final note, our Drivers Benefits program continues to grow! Last month I wrote about The Black Car Fund and the Independent Drivers Guild being joined by Mayor Eric Adams as we announced that 50,000 drivers have enrolled in our Drivers Benefits program. Since then, the number is now nearly 55,000! That’s nearly 55,000 drivers who are protected by crucial benefits such as Accident Disability Insurance, Personal Accident Insurance, and Critical Illness Insurance. That’s nearly 55,000 drivers who have access to health benefits such as vision coverage, telemedicine, and dental insurance, all of which is provided to qualified drivers at no cost to them.

There is even a new benefit that will be added by the end of the year, so make sure you are enrolled and active in the program, and always encourage your fellow drivers to make sure they are too. Drivers in New York have never been more protected than they are now.

Until next time!

Article by Ira Goldstein

Ira J. Goldstein is the Executive Director of the New York Black Car Fund and Advisor to the Black Car Assistance Corp. (BCAC).

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