As I’m sure you are aware, United States District Court Judge George Daniels ruled in late-August that half of all active taxis regulated by NYC’s Taxi & Limousine Commission (TLC) must be wheelchair accessible by March 31, 2025. The initial ruling dates back to 2013, but the city was given extensions, thanks to a number of factors – not the least of which being the Covid pandemic.
In 2013, Judge Daniels called the ruling “one of the most significant acts of inclusion since Jackie Robinson joined the Dodgers.” Now that’s a bold statement, hyperbolic one might say – just as one might rightly argue that when he more recently said the TLC has failed to deliver “anything close to substantial performance,” it was more hyperbole than fact.
When the initial ruling came down a little over a decade ago, there were just 231 wheelchair-accessible taxis registered with the TLC – or less than 2% of the fleet – according to an article that ran in The City. As of last month, 3,994 wheelchair-accessible taxis were in service, accounting for nearly 43% of the 9,309 taxis currently on the road.
I get that 43% isn’t 50%, but a whole lot has happened in the intervening years. Despite what seems like a good faith effort by the TLC and medallion owners to transition the taxi fleet, Judges Daniels was insistent – so in order to abide by a federal court order, the TLC passed rules on October 16 that went into effect two days later, stating that all future taxi medallion hack-ups, including re-hacks, be accessible until 50% of the yellow cab fleet is comprised of WAVs.
At the TLC’s October meeting, TLC chairman David Do conceded that the city was “ultimately not successful” in trying to convince Daniels that “a little bit more time” was necessary to meet the 50% mark.
“This is something that we worked on with the court to advocate for many of our drivers,” added Do. “We told your stories, and we were not successful in federal court.”
Unsurprisingly, the new rules sent ripples of panic through the industry. The TLC’s Taxi Improvement Fund (TIF), which was introduced in 2014, gives struggling medallion owners a one-time payment of $14,000 to fund WAV conversions, and an additional $4,000 a year to help pay for the additional expenses inherent in operating a WAV. But 10+ years later, costs have gone up significantly – and adjusting the TIF program to match inflation is not as simple as flipping a switch.
Medallion owners and industry advocates have been pushing back strongly, saying the current TIF program won’t cut it, calling on the city to provide more money for conversions and asking that hardship extensions be kept in place, allowing taxis to stay on the road beyond seven years, as long as all inspections are passed.
Meanwhile, the TLC is scrambling to do what they can. They added an amendment to the October rules, offering medallion owners a one-time six-month extension to make their vehicles wheelchair accessible, if they can show financial hardship. The TLC said it is “looking over applications on a case-by-case basis” to determine what constitutes financial hardship (more info and the application form can be found at https://www.nyc.gov/site/tlc/businesses/hardship-vehicle-retirement-extension.page) and they have confirmed that they are “looking to increase upfront payments and doing everything possible to help drivers.” In the interim, the TLC recommends that medallion owners continue to apply for all the financial support that they qualify for at https://www.nyc.gov/site/tlc/about/taxi-improvement-fund-faq.page.
Unfortunately, medallion owners are still left with quite a bit of uncertainty, and even disability advocates have noticed. Joseph Rappaport, executive director of Brooklyn Center for Independence of the Disabled was quoted in The City as saying he understood the plight of taxi medallion owners, adding that, “If the city can’t come up with enough money from the [Taxi Improvement Fund] surcharge, it needs to come up with another source of funding.”
In the meantime, I would encourage medallion owners and industry advocates to work with the TLC to do some serious numbers-crunching and figure out how to adjust the TIF program so that an already distressed industry isn’t crushed under the weight of these new rules. Between 2015 and 2023, the TLC said the TIF program distributed more than $235 million to assist with conversion costs – which is no small number – but more will be needed if the federal ruling insists that struggling medallion owners transition every yellow taxi to a WAV.
Editor’s Note:
Last month, in our print edition, we reported on the prominent guests that attended the BCF’s 25th Anniversary Celebration on September 17, but part of our reporting was inaccurate (we fixed the details in our online edition). Special guests at the event included NYC Council Member Selvena Brooks-Powers, Deputy Queens Borough President Ebony Young, NYS Assembly Member Catalina Cruz, TLC Commissioner David Do, Nick Abramovich, CEO of the Workers Benefit Fund, Brendon Sexton, President of the IDG and James Conigliaro Jr, President of the Workers Benefits Fund. Although they did not personally attend, NYC Council Speaker Adrienne Adams, NYS Assembly Speaker Carl Heastie, and Queens Borough President Donovan Richards each gave The BCF Proclamations recognizing the event and the organization’s many achievements. Ms. Young presented the Proclamation from Queens.
