NYC Cabbies Fight GPS Tracking

[택시 불만제로]

NYC Cabbies Fight GPS Tracking

by Brooklyn Mark on February 3, 2012 · 6 comments

Boosted by a recent Supreme Court decision, New York City cab drivers claim warrantless GPS tracking exposed thousands of drivers to bogus prosecutions and license revocations.

 Lead plaintiffs Koffi Aka and Robert Carniol filed a federal class action against New York City, its Taxi and Limousine Commission, and commission Chairman David Yassky, the leader of the 9-member board.

New York City Law Department Senior Counsel Diana Murray defended the legality of its GPS tracking in an email statement to Courthouse News.

“* The courts have long recognized that 4th Amendment privacy protections are not applicable to certain highly regulated industries such as the pawn shop and taxi industries,” Murray wrote. “TLC only receives GPS data from taxicabs when the driver is on-duty – not when the driver is off-duty. Also, except for credit and debit card information, data collected from the GPS devices reflects exactly the same information that cab drivers have long been required to document in handwritten trip sheets.”

The cabbies’ 23-page class action cites the Supreme Court’s January ruling that police violated a suspected drug trafficker’s 4th Amendment rights by placing a GPS device in his car.

The cabbies claim that the Taxi and Limousine Commission falsely prosecutes cab drivers for overcharging riders, based on GPS-gathered information.

“In many cases, including Mr. Carniol’s, the TLC ultimately revoked hack licenses solely on the basis of GPS tracking evidence, without even a single complaining witnesses complaining or testifying against them,” the complaint states.

The class claims that in 2007 the Taxi and Limousine Commission forced all New York City medallion-holders to install GPS devices as part of a Taxi Technology System, required that every cab transmit license information, location of each trip, number of passengers, metered fare and distance to the commission.

“Thus the TLC requires that all taxis and taxi drivers continuously transmit to the TLC or its agents by use of GPS their locations at all times,” the complaint states. “While taxis must have this technology installed, nothing in the TLC’s rules permits (or even mentions) the TLC to use GPS data to prosecute taxi drivers even criminally or administratively.”

The New York Taxi Workers Alliance challenged the new technology in 2007 in a federal privacy lawsuit. The TLC beat the charges, in part, by assuring the court and the public that it would not use the GPS to track individual drivers, according to the complaint.

But the cabbies say the TLC changed its tune after it snared cabdriver Wasim Khalid Cheema for charging Rate 4 (out-of-city) fares for local rides. After finishing the Cheema investigation, the TLC scoured its 42,000-vehicle database for evidence of similar frauds, according to the complaint.

On March 12, 2010, a Friday night, the TLC told the press that its broader investigation had uncovered an $8.3 million scam implicating more than 33,000 drivers, based almost entirely on GPS data.

“Even after the TLC publicized the alleged Rate 4 problem and it was widely reported in print, radio and television, just ‘a couple’ of alleged victims came forward,” the complaint states. “Nor has the TLC ever claimed any exigent circumstances that would have made it impossible or even inconvenient to secure a search warrant.”

The cabbies say the TLC quickly retreated from its allegations, which were widely reported, including in The New York Times.

“Just 10 days later, however, the TLC admitted that the account it had aggressively marketed was wildly inaccurate,” the complaint states.

However, “Rather than accept responsibility for the errors, [TLC Chairman Matthew] Daus claimed, ‘The numbers that the press reported’ – which were precisely the numbers the TLC announced – were misleading. …

“While the TLC had now conceded its initial numbers were wrong by a factor of six in terms of trips and incorrect by a factor of eight in terms of dollar value, the media still presented the ‘scam’ as pervasive,” according to the complaint.

Undeterred, the TLC pursued its “prosecution offensive,” according to the complaint.

“The May 14 [2010] press release, apparently certain that its restated numbers were correct, outlined the TLC’s prosecution strategy,” the complaint states. “The agency announced it was ‘in the process of initiating license revocation proceedings against taxi drivers who were identified with 50 or more overcharges. Drivers with evidence of between 10 and 49 overcharges would have the option to surrender their TLC license or face fines ranging from $1,000 to $5,000. Drivers with less than 10 overcharges would be reviewed on a case by case basis.’”

Plaintiff Aka said a prosecutor sent him a letter on Dec. 7, 2011, accusing him of more than 40 overcharges.

Carniol said he was accused of 91 overcharges, though there were no witnesses against him and no evidence of fraud in his income.

The cabbies say the TLC has sent letters demanding that more than 2,000 drivers enter settlements, and has claimed that its dragnet reaches more than 21,000 drivers.

The TLC said in an email that 257 drivers have entered into plea agreements to surrender their licenses so far.

Aka and Carniol demand punitive damages for the class and an order declaring warrantless GPS tracking of cab drivers unconstitutional.

They are represented by Daniel Ackman.

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{ 6 comments… read them below or add one }

 MARIO February 4, 2012 at 2:30 am

I will be quiet after this posting but I have to say thanks for this article. I read about the supreme court decision and knew it has huge implication to taxi GPS.

 . Nick February 4, 2012 at 5:01 am

Who cares if they are tracking cabs, what does it matter? The entire Taxi inudstry is absolutely finished, kaput. Do what I am doing and look for another job. I’ve been driving on and off for over 30 years, since 1981, and these past few years have been nothing but a slow destruction of the industry, and I blame Bloomberg directly. This absolute psychopath does not want ANY cars in Manhattan. He wants everyone riding bikes so he has hit taxi drivers where it hurts: Their pockets to the point now where taxi driving is basically a volunteer job because you make NOTHING!

 . Nick February 4, 2012 at 3:18 pm

Anybody work today? Saturday? What did you make today?, $30 bucks for 12 hours work? Yet the garage gets their lease, the city gets their MTA tax and sales tax and the credit card companies get their cut, then the city and state get paid again with YOUR money when you buy gas and have to pay $3.70 a gallon. You are BEING USED. PANHANDLERS make more than taxi drivers! Think about that! They make anywhere from $100 to $200 a day!. What needs to happen is drivers need to strike, and the way you do that is you refuse to drive or pick up people in a certain neighborhood. How about Bloombergs neighborhood to start? A regular strike with everyone taking off will never work. We need to refuse to be abused where we are abused. REFUSE TO DRIVE OR PICK UP ANYONE ON THE UPPER EAST SIDE OR DRIVE ANYONE TO PENN STATION UNTIL THIS ABUSE ENDS! PENN STATION IS NOT A TICKET DUMP FOR COPS! IT IS A TRANSPORTATION HUB! BLOOMBERG DOES NOT HAVE THE RIGHT TO STEAL YOUR MONEY! REFUSE TO PICK UP HIS NEIGHBORS ON 79TH

 . Nick February 4, 2012 at 3:22 pm

Oh yes, and let’s not forget Bloomberg pushing of legalizing street hails for livery cabs. Drive someone to Brooklyn and you get no passengers going back. This is in addition to the pedi-cabs that steal passengers and the 9000 tour buses that steal tourists. HOW FAR ARE YOU GOING TO LET THIS GO?

 . Disappointed February 5, 2012 at 12:17 pm

Nick, I agree with you. taxi drivers need some one like this plaintiff here to file federal case against the TLC, Garages, nyc, the inhumane treatment to taxi driver should stop. drivers should have a better quality life in the U.S. not being treated as slave. The strike should take as long as the demands are met. 1 or 2 days means nothing. taxi alliance union should cover the lease for all their members if on strike.

 . Lion February 6, 2012 at 11:30 am

To me, the name TLC has long been synonymous (has the same meaning) as a vampire organization. This notorious government organization called Taxi and Limousine Commission owes his existence to sucking cab driver’s blood. We have cab drivers in this industry that their families overseas live on ONE DOLLAR a day! So, if this cab driver is able to send his family in Africa or Bangladesh one dollar a day, don’t expect any strike any time soon. In my opinion,

 1) the initial on the meter should go up to $5.

 2) The life of the car should go up to 12 years for owner operators. Unfortunately, the city of NY thinks that New Yorkers ass is made of GOLD, therefore, they deserve to sit in a new car every five or six years. If this is not blood sucking, what would you name it?

[무늬만 개인사업자]

흐미......우리 레베루 를 어찌보시고..ㅎ 꼭 해석하고 말꺼임..아~ 머리아포

[봄이오는 소리]

우와 1 뭔소린진 모르겠지만 ,뉴욕에 택시드라이버 gps시스템으로 감시하자는 내용인가요 ?

[택시 불만제로]

전체적인 내용은, 택시에 GPS장치를 설치하여 이를 이용해서 데이터를 수집하는 것은 문제가 있다는 주장이지요. 택시기사들이 화를 내고 있다는 내용입니다. gps를 이용하여 택시의 불법행위를 감시한다거나, 기타 다른 목적으로 사용한다는 것을 우려한다는 내용입니다. 미국 대법원이 최근에 GPS추적은 영장없이도 가능하다고 결정했다네요. 여기서 추척이란 tracking 을 말하는데 택시에 달려있는 gps 데이터를 무선으로 받아서 수집하는 것을 말합니다. 한국도 지금 하려고 하지요, 이문제가 택시기사들에게 엄청 불만이구요. ..그리고 댓글에는 택시요금이 너무싸다. .우리하고 비슷한 불평입니다. 12시간 일해서 30달라도 못번다...

[택시 불만제로]

택시요금의 기본요금을 5달라로 하자..(현재는 2.5달라이며 300미터가 기준입니다) 하여튼, 우리와 비슷한 불만입니다. 미국도 차량을 5~6년만에 강제하나 봅니다. 저밑에 댓글에 12년은 되어야 한다도 주장하는 사람도있군요. 하여튼 미국 뉴욕도 미국뉴욕시장.블름버그인가 하는 인간을 오세훈 취급합니다. 택시기사들 못살게 군다는 것이구요. 그중에 최근에 이슈화된 택시gps정보 수집에 대하여 ...문제를 제기하는 내요인듯합니다. 영어가 짧아서 전체적인 해석이 잘안되고..기본적인 것만 이해할수있는 수준입니다. 언제 시간내어 번역을 한번 해볼까. .영어와 담쌓은지 엄청오래되서.....ㅎㅎㅎ

[봄이오는 소리]

암튼 대단한 (?) 실력입니다 . 우리도 gps시스템으로 전환되면 속속들이 꿰차고 그럴텐데.. 문젯점이 발생하지 않을까요?