JUNE 13, 2018
NYS SUPREME COURT RULES
IN FAVOR OF FHV INDUSTRY
TLC WAV RULE MAKING
BCAC SPECIAL UPDATE
THE FHV INDUSTRY PREVAILS OVER NYC TLC BY HAVING FHV COALITION PILOT PROGRAM CODIFIED AS LAW!
NYC TLC ENFORCEMENT ACTION ON FHV WAV COMPLIANCE ALSO SUSPENDED!
A MESSAGE FROM BCAC PRESIDENT, BERJ HAROUTUNIAN
It is with great pleasure and pride that I write you tonight to let you know that, through a coordinated effort, the Article 78 petition brought against the NYC TLC in New York Supreme Court has prevailed, and has resulted in settlement terms which are favorable to the entirety of the FHV Industry, but most importantly, favorable to our Members.
Between the litigation brought against them by the FHV coalition, and the pressure we brought up in Albany with our state legislators pushing for the passage of a bill which would have taken authority away from the TLC to implement and enforce such an unreasonable mandate.
The settlement reached today, which can be read in its entirety by clicking here, provided that the NYC TLC will be suspending both implementation and enforcement action of its voted on FHV WAV rule (the original, horribly onerous rule) until such time that the NYC TLC Board of Commissioners is able to convene and vote on and approve of the settlement reached today in court by NYC TLC representatives.
Additionally, the basics of the settlement are that there will now be an official and permanent alternative path to FHV accessibility service compliance, in the form of the FHV coalition pilot program being codified into rule making. The 25% mandate still remains (to be reached by 2023), however, only if a base chooses not to utilize and contract with an Accessible Vehicle Dispatcher, or "AVD" (previously known and referred to as WAV-D's, or 'Wheelchair Accessible Vehicle Dispatchers) to fulfill service requests.
It is also key to note that under the terms of the fantastic settlement reached today, the number of AVDs (again, previously known as WAV-Ds) will no longer be limited to 3, but instead, open to all applicants who meet NYC TLC criteria for approval, inclusive of service contracts with at least 10 Bases. This is a fantastic prolonged boost to our Industry, creating the framework for new and increased competition, albeit, conditional on our follow-through.
I would like to formally take this time to thank BCAC Executive Director, Ira Goldstein, for his tireless efforts; seeing to it that our Industry is protected, as always. His dedication to the BCAC and our Industry truly knows no bounds, as made clear by his recent countless 24-hour days. Thanks must also be given to various other participants, such as our wonderful team of lobbyists who worked diligently to advance the state legislation leading up to the Article 78 settlement, as well as our General Counsel, Wayne Baden, for all of his outstanding work, as well. And finally, to Shafquat Chaudhary, President of Elite Limousine Plus, Inc., who took an entire day out of his busy schedule to visit Albany with the BCAC legislative team to lobby for our best interests.