While we try to awaken "The City That Never Sleeps" to a better and immediate way to address many of the City's taxi issues, we thought we would clarify the myth that NYC Yellow taxi drivers can't use their smartphones while on duty.
What myth you say? Well, it appears that even the so-called taxi driver advocates take part in the mis-information to drivers. Let's look at the Taxi Insider's January 2010, "Telling It Like It Is" article by Vincent Sapone, managing director of LOMTO. In discussing some new TLC rules, he gets the first part correct stating that:
"... New cell phone rules which include any electronic devices, other that the TLC approved T- PEP (or what most guys call GPS) will start in the middle of January. If TLC Enforcement catches you on the phone or texting or programming a navigation device or messing with any electronic device while you're driving; besides a fine you'll get 3 points for a first offense, 3 points for a second offense and 4 points for a third offense plus you'll have to attend a Distracted Driver Class.
The fine and the class aren't so bad when your realize the 6 point in 15 months gets you a thirty day suspension and 10 points in 15 months gets your Hack License revoked! If you get revoked you could be out of work for a year."
And then continues by clearly mis-informing all drivers by emphatically stating:
"The only time you can use any electronic device if you're 'OFF- DUTY” and either legally parked or standing." (his emphasis, not mine)
My understanding of this TLC rule is that it allows the driver to use any electronic device while the driver's vehicle is either legally parked or standing. The regulation does not include language regarding being on or off duty.
So, in Mr. Sapone's defense, I am sure he meant to say "The only time you can use any electronic device is when you're ON-DUTY OR OFF-DUTY and either legally parked or standing."
Well, maybe this is all old news and every driver knows the TLC just wanted them to stop talking while driving. I would hope the driver "advocates" would do a better job when helping to interpret the rules for the drivers.
Oh, and btw, we thought we'd share the NEW version of the rule we just discussed. Fortunately, it hasn't changed, so drivers are still able to use their smartphones while their vehicle is lawfully standing or parked, regardless of their duty status.
From the TLC's Industry Notice #11-12, dated March 23, 2011...
NEW TLC RULEBOOK IN EFFECT APRIL 1, 2011
The New York City Taxi and Limousine Commission (TLC) is pleased to announce that a new easier to read and understand TLC rulebook will be in full force and effect as of Friday, April 1, 2011. The existing rulebook will be repealed as of that date.
From the New Rulebook, Chapter 54, Section 54-14 Operations - Passenger and Driver Safety, part (e) Use of Electronic Communication Device, paragraph (1)...
"A Driver must not Use an Electronic Communication Device while operating a Vehicle. A Driver can Use an Electronic Device only while the Vehicle is lawfully standing or parked."
This means that NYC Yellow Taxi Drivers can use cabFLARE! Technology that finally helps drivers and riders without being controlled by the TLC or the privileged few.
OK drivers, let us know what you think. All of the driver advocates in NYC and the TLC know about cabFLARE and the opportunity it offers drivers to make more money, more efficiently. The question is, "have they told you about us, yet?" If not, why not?
Stay tuned, we'll try to let you know the answers and we hope this clears up any concern in using cabFLARE. NYC TLC rules allow Yellow Taxi drivers to use cabFLARE on their smartphones.
