MIDYEAR INTERNATIONAL LEADERSHIP CONFERENCE Barcelona Spain MIDYEAR INTERNATIONAL

MID-YEAR INTERNATIONAL LEADERSHIP CONFERENCE Barcelona, Spain

Presented By Professor Matthew W. Daus, Esq. Former NYC Taxi & Limousine Commissioner/Chair Distinguished Lecturer, UTRC President, IATR Partner & Chairman, Transportation Practice Group Windels Marx Lane & Mittendorf, LLP Contact: mdaus@windelsmarx. com 156 West 56 th Street | New York, NY 10019 T. 212. 237. 1106 | F. 212. 262. 1215

EVERYONE UNDERSTANDS A STREET HAIL

• IN NYC, ONLY YELLOW CABS MAY BE LEGALLY STREET-HAILED.

• BUT… IT IS NOT ALWAYS THE CASE!

• ENDANGERING DRIVERS AND PASSENGERS TO THE PERILS OF A BIG CITY LIKE NEW YORK.

YELLOW CABS CAN OPERATE ANYWHERE WITHIN NYC.

BUT 95% OF THE PICKUPS ARE WITHIN THE CENTRAL BUSINESS DISTRICT IN MANHATTAN OR THE AIRPORTS

“BORO TAXIS” • SO, MAYOR BLOOMBERG STARTS AN INITIATIVE TO ALLOW SOME LIVERY VEHICLES TO SERVE AS "BORO TAXIS“ • THE PLAN ALSO ADDRESSES THE GENERAL LACK OF

PROBLEM: THE NYC COUNCIL DOES NOT SUPPORT THE MAYOR'S PLAN ANSWER: MR. BLOOMBERG GOES TO ALBANY

"STREET HAIL LIVERY LAW" • THE MAYOR'S PLAN IS APPROVED BY THE STATE LEGISLATURE AND SIGNED INTO LAW BY THE GOVERNOR AS THE "STREET HAIL LIVERY LAW" IN DECEMBER 2011 • THE LAW IS AMENDED AND ADOPTED IN FINAL FORM IN FEBRUARY 2012

LAWSUIT • THE YELLOW CAB INDUSTRY FILES LAWSUITS TO STOP THE LAW. • NUMEROUS REASONS ARE CITED, BUT THE KEY CAUSE OF ACTION IS AN ALLEGED VIOLATION OF THE HOME RULE PROVISION IN THE NEW YORK STATE CONSTITUTION.

SINCE THE 1930'S, NYC TAXIS HAVE BEEN REGULATED WITH THE INPUT OF THE LOCAL LEGISLATURE - THE CITY COUNCIL. WITH THE STREET HAIL LIVERY LAW, THE MAYOR SOUGHT THE STATE'S ACTION WITHOUT INPUT FROM THE CITY COUNCIL.

• IN JUNE 2012, JUDGE ARTHUR ENGORON ISSUED A DECISION ENJOINING NYC FROM ENACTING THE STREET HAIL LIVERY LAW. HE FOUND NUMEROUS PROCEDURAL AND LEGAL CONCERNS, BUT FOCUSED ON THE HOME RULE ISSUE. • OF NOTE, ANY ONE PROVISION IS FATAL TO THE LAW DUE TO THE "POISON PILL" IN THE LEGISLATION.

• DUE TO THE IMPORTANCE OF THESE ISSUES, ALL PARTIES AGREE TO HAVE AN EXPEDITED REVIEW BY THE NYS COURT OF APPEALS - THE STATE'S HIGHEST COURT. • ON APRIL 24 TH, THE ORAL ARGUMENT IS HELD, WITH ATTORNEYS FIELDING AGGRESSIVE QUESTIONS FROM THE JUDGES. • ON JUNE 6 TH, THE STATE'S HIGHEST COURT UNANIMOUSLY AGREES THAT THE

THE KEY ITEMS: -THE TLC MAY ISSUE UP TO 18, 000 BORO TAXI LICENSES OVER THE COURSE OF THREE YEARS - 6, 000 IN EACH OFFERING. -THERE WILL BE UP TO 450 LICENSES FOR STREET HAIL LIVERY BASES.

THE KEY ITEMS: -AT LEAST 20% OF THE BORO TAXIS MUST BE ACCESSIBLE. -GRANTS OF $15, 000 MAY BE OFFERED TO "RETROFIT" VEHICLES OR PURCHASE ACCESSIBLE VEHICLES.

THE KEY ITEMS: • BORO TAXIS WILL NOT BE ALLOWED TO OPERATE IN MANHATTAN'S CENTRAL BUSINESS DISTRICT AND THE AIRPORTS. • BORO TAXIS WILL HAVE AN "L-PEP" TECHNOLOGY SYSTEM THAT MIRRORS THE YELLOW CAB TECHNOLOGY KNOWN AS "T-PEP. "

THE KEY ITEMS: • IN ADDITION TO THE BORO TAXIS, THE LAW ALLOWS FOR THE SALE OF 2, 000 ACCESSIBLE MEDALLIONS. • THE CITY HAS ALREADY ANTICIPATED THE SALES OF A GROUP OF THESE MEDALLIONS BEFORE JUNE 30, 2014. • THE CITY HAS PROJECTED $600. 1 MILLION IN REVENUE IN THE NEXT YEAR FROM THE FIRST BATCH OF ACCESSIBLE MEDALLION SALES.

THANKS! Q&A