# Warning to NYC TLC drivers



## Suberman (Dec 17, 2014)

I had to drop off a passenger in NYC today and, afterwords, I drove around looking for the Uber SUV drivers. They were very easy to spot. Im considering going NYC TLC SUV and so I wanted to just observe how they operate. Well there is a flood of Suburbans cruising around the streets. 

One of the things I observed is the drivers had their Uber Iphone mounted very high and I saw them fooling with it through the window. One of the rules, out of a large handbook of them, is you cant use an electronic device (to include bluetooth) if the vehicle is not legally parked or standing. By having the Iphone mounted so high and flicking it while driving invites tickets. Three TLC tickets over a certain amount of time and your TLC license is permanently revoked.

Be careful NYC brothers! Just looking out.


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## Uber Driver 007 (Jun 17, 2014)

You're allowed to operate an electronic device used to receive passenger info/requests, albeit only as little as necessary.


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## UL Driver SF (Aug 29, 2014)

So...no vibrator or powered flesh light using while driving.

Got it.


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## Suberman (Dec 17, 2014)

"You may not have a Bluetooth or other wireless or wired telephone device *in or near your ear*, even if you are not talking on it or listening to it. You *may not* use a handheld or hands-free cell phone or any other portable electronic device while driving. You must be legally standing or parked to use a handheld or hands-free electronic device.
*Please Note:* Only *For-Hire Vehicle drivers* (_a For-Hire Vehicle, or FHV, is a community livery car, black car, or luxury limousine_) may receive dispatch information from a base using a mounted electronic device or FCC licensed two-way radio. Communication must be brief and strictly business-related."

http://www.nyc.gov/html/tlc/html/faq/faq_prt_hands_free_device.shtml

http://www.nyc.gov/html/tlc/downloads/pdf/2011rulebook_ch54.pdf

The Uber Iphone may fall under the "mounted electronic device" exception, but its still not a good idea to test the waters. Here are some examples as of why:

http://www.nyc.gov/html/tlc/downloads/pdf/singh_gurjeet_1321164a.pdf

http://www.nyc.gov/html/tlc/downloads/pdf/iqbal_nagman_1293920a.pdf

http://www.nyc.gov/html/tlc/downloads/pdf/faye_mbaye_1389881a.pdf

So from reading the various documents from the TLC hearings I surmise the TLC undercover agents are complete asses for lack of a better word. If you get the wrong agent seeing you constantly flicking the Iphone they will probably issue a ticket for not being "brief". You can go to their kangaroo TLC court and probably win but the TLC will appeal it. It would be a very expensive nightmare.

Dont play with the fire.


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## Long time Nyc cab driver (Dec 12, 2014)

Well, anyone here get a ticket from the TLC for having a phone mounted on their windshield ?
I would say the odds of getting a ticket is near zero.


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## thehappytypist (Oct 9, 2014)

Long time Nyc cab driver said:


> Well, anyone here get a ticket from the TLC for having a phone mounted on their windshield ?
> I would say the odds of getting a ticket is near zero.


It's very rare, if it happens at all. Never seen one in support. However, if you're cited for using the Uber phone for normal business, they'll back you up on it. Provide legal representation and reimburse you for any fine, like they do for the current Hoboken/EWR nonsense.


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## UL Driver SF (Aug 29, 2014)

thehappytypist said:


> It's very rare, if it happens at all. Never seen one in support. However, if you're cited for using the Uber phone for normal business, they'll back you up on it. Provide legal representation and reimburse you for any fine, like they do for the current Hoboken/EWR nonsense.


What does über do to clear your record of the offense?


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## thehappytypist (Oct 9, 2014)

UL Driver SF said:


> What does über do to clear your record of the offense?


I'm not sure if they _can _do anything. I suppose that would be up to whoever they provide to represent you.


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## UL Driver SF (Aug 29, 2014)

thehappytypist said:


> I'm not sure if they _can _do anything. I suppose that would be up to whoever they provide to represent you.


Ok so just so we are clear....
Über will represent you. Pay the fines. But you get stuck with the offense on your record.

Should I ever need this I hope the atty you guys send me is ready to go to court. I'm not pleading to anything that puts a conviction on my record.


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## thehappytypist (Oct 9, 2014)

UL Driver SF said:


> Ok so just so we are clear....
> Über will represent you. Pay the fines. But you get stuck with the offense on your record.
> 
> Should I ever need this I hope the atty you guys send me is ready to go to court. I'm not pleading to anything that puts a conviction on my record.


Yup, the attorney will go to court. Happens all the time.


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## UL Driver SF (Aug 29, 2014)

thehappytypist said:


> Yup, the attorney will go to court. Happens all the time.


Cool. That's what I was hoping.


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## Suberman (Dec 17, 2014)

Ive been to the TLC court a few times. One time a taxi had rear-ended me and refused to give me his insurance information. He just drove off and I fortunately got his plate number. It was really my word against the taxi drivers word, but the TLC court fined the taxi driver $300 if I remember correctly. My insurance paid for the damage and six months later they got my deductible back for me. The TLC court seemed heavily weighted against the driver and it was one of those kangaroo administrative courts which doesnt have the same burden of proof as a real court.

Uber will represent you at the TLC court for certain select offenses (not all) if it comes down to that. However, if you rack up enough TLC points your TLC license is revoked. The Uber lawyers have been successful in NJ courts, but how they do at the TLC kangaroo administrative court is anyone's guess. The main place to worry about is the airports and that is a known location for TLC agents. I believe they have offices set up in JFK and La Guardia.

https://hailocab.com/nyc/drivers/blog/2013/04/11/legal-rights-points

There are right now 5379 open summonses for FHV drivers and 4697 for Medallion. There are 13437 Medallions in NYC and 35000 Black Car and Livery vehicles.

http://www.nyc.gov/html/tlc/html/industry/open_summons_list.shtml

http://www.nyc.gov/html/tlc/downloads/pdf/2014_taxicab_fact_book.pdf


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## CityGirl (Nov 29, 2014)

So you can't use a Bluetooth? That is just antiquated.


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## Suberman (Dec 17, 2014)

TLC drivers have to obey both the TLC rules and the regular motor vehicle laws. So, in addition to the TLC rule on elecronic devices there is also the motor vehicle law on electronic devices which can be found here:

http://www.safeny.ny.gov/phon-ndx.htm

So both the police and the TLC agents can give you tickets.

There are exceptions which make it legal to use, but my experience is they will just issue a ticket and let the administrative judges figure it out. Basically its a kangaroo court where you are presumed guilty and the officers testimony is what counts.

Would Uber help you defend and pay for a cell phone ticket in NYC?


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## MiamiFlyer (Sep 22, 2014)

Even with an uber hired lawyer, you need to clearly ask the attorney is he there to represent uber, or the driver.

Uber's interests may or may not be fully in line with the driver's best interest. 

I.e. Uber might want to minimize a fine amount, but have no concern for the driver's personal dmv or criminal record.


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## Suberman (Dec 17, 2014)

Uber has done an awesome job at defending the drivers in NJ. Oftentimes the cops will issue 4 tickets, but Ubers lawyers usually get 3 thrown out and whats left is a fine of about 1200 dollars. I have never heard of anyone getting any points assigned to their license as a result. One Jersey driver who got the usual 4 tickets at the airport had gone through the litigation process where Ubers attorney was successful in having 3 of the 4 tickets thrown out. Later on he applied and got a NYC TLC license with no issue.

The Jersey tickets, however, are a matter of administrative rules involving limo plates, proper licensing, etc. The matter here is touching an electronic device. In NY my understanding is its legal if the phone is attached to a surface of the vehicle and its done briefly for dispatch purposes. That said its probably not a good idea to test the waters in any event. Probably a good idea to mount the phone as low as possible like on the AC vent rather than the windshield. Ive gotten tickets in the past for parking and traffic related matters which seemed bogus and went against the law, but when I appealed them the administrative kangaroo court found me guilty.

Finally even though Uber would represent me and pay for the fines I would still not pick up at Newark airport or in Hoboken. If I got busted it would mean time and bad memories. The cops could also find something else wrong while giving me the tickets. The cops are masters at finding things wrong. So I wouldnt want to test the waters when it comes to cops and the justice system. Id rather not pickup at the airport or anywhere the cops seem to take issue.


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