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Home My WebLink AboutNassau & Suffolk Taxi Owners Association Nassau & Suffolk Taxi Owners Association PO Box 6 Franklin Square, NY 1.1010 RECEIVED MAY 18 2017 May 15, 2017 Southold Town Clerk Elizabeth A. Neville Town Clerk Town of Southold 53095 Main Rd Southold, NY 11971 Dear Town Clerk Elizabeth A. Neville, Included in this package is the bill regarding New York State Transportation Network Companies (Uber& Lyft)that came down from Albany in April along with several articles regarding the dangers of TNC's. As you know, Albany passed the bill that allows TNC's to operate statewide with a different set of rules than our traditional Taxis and Black Car operations. Nassau and Suffolk have an opportunity to opt out of this new legislation. If we do nothing it goes into effect July 2017. 1 wanted to outline a few points here and encourage you to vote to opt out. Voice your opinion so the opt out occurs to protect the residents of Nassau and Suffolk County, TNC's will not fall under local authority or even County authority if we do not opt out. They will be governed by the DMV. We are currently awaiting the guidelines the NYS DMV will adapt for this purpose. By giving up Local and County authority,there will be no revenue stream to either the Local or and County authorities.The 49/o tax that is being charged to TNC passengers is going to the State General Fund. Local government does not get any benefits.There are no governmental fingerprinted background checks for drivers.The state law specificaily says that if you are a convicted sex offender and have not been convicted for 7 years or more,you can drive a TNC. Please see page 10 of the Bill. Please read the article that states Uber Driver Background Check Raises Concerns in Huntsville, Alabama. It shows how Huntsville, Alabama has major concerns with Uber doing their own internal background checks and not having a governmental agency do a fingerprinted background check on their drivers. Please read the article t'tat sl,-uiws a former rest6urant manager accused of rape was hired by Uber. If a criminal fingerprinted backtround check was done by a governmental agency this driver would of probably been declined a hack lice'rise and not allowed, to drivf�. Please read the article that shows how a woman was raped in grange County by an Uber driver. If there was a criminal background check this may have been prevented. Please read the article how a man impersonating art Uber driver sexually assaulted two women. Please read the article how Uber is Under Investigation by The Justice Department because they made software to avoid the local transportation regulations that they are not authorized to operate in, The State Law that is going to go into effect in July 2017 is doomed to harm the residents of Nassau and Suffolk County.You will have people behind the wheel that have been convicted of a sex crime. The new State Law allows this. Please read page 10 of the Law. People will be able to impersonate Uber drivers and crimes will be committed. Vou will not be ahle to tell the difference between a TNC vehicle and a parson's regular car.There are Local Laws of the books that require traditional Taxi companies to have certain lettering and color schemes un their vehicles.Traditional Taxi companies are required to have Taxi & Limousine Comrnissiort license plates.This enables the public to identify a legitimate Taxi. These laws protect the riding public. Let TNC coria#sanies abide bt,,the L.r..ical Laws that are on the books. This includes governmental fingerprinted background checks for al' drivers. By having this, the residents of Nassau and Suffolk will be protected. How does the Ct%:te c,, New Yark allow a company to operate that is under investigation by the Justice Denartment? Please be in favor of an opt out and protect the riding public of Nassau and Suffolk County. Sincerely, wren(cc! 3lessinger Jr. Pesident 516-326-9090 Ext. 333 ,I I•,Vii.'.!. 0tl1�9m&Y @m&� :I n.,.!., ..I: AY 1 8 2017 Southold Town Clerk 50 PART AAA 51 Section 1. Legislative intent. The purpose of this act is to ensure 52 the safety, reliability, and cost-effectiveness of transportation 53 network company (TNC) services within the state of New York and to S. 2009--C 94 A. 3009--C 1 preserve and enhance access to these important transportation options 2 for residents and visitors to the state. 3 § 2. The vehicle and traffic law is amended by adding a new article 4 44-B to read as follows: 5 ARTICLE 44-B 6 TRANSPORTATION NETWORK COMPANY SERVICES 7 Section 1691. Definitions. 8 1692. General provisions. 9 1693. Financial responsibility of transportation network compa- 10 nies. 11 1694. Disclosures. 12 1695. Insurance provisions. 13 1696. Driver and vehicle requirements. 14 1697. Maintenance of records. 15 1698. Audit procedures; confidentiality of records. 16 1699. Criminal history background check of transportation 1.7 network company drivers. 18 1700. Controlling authority, 19 § 1691. Definitions. As used in this article: 1. "Transportation 20 network company vehicle" or "TNC vehicle" means a vehicle that is: 21 (a) used by a transportation network company driver to provide a TNC 22 prearranged trip originating within the state of New York; and 23 (b) owned, leased or otherwise authorized for use by the transporta- 24 tion network company driver; 25 (c) such term shall not include: 26 (i) a taxicab, as defined in section one hundred forty-eight-a of this 27 chapter and section 19-502 of the administrative code of the city of New 28 York, or as otherwise defined in local law; 29 (ii) a livery vehicle, as defined in section one hundred twenty-one-e 30 of this chapter, or as otherwise defined in local law; 31 (iii) a black car, limousine, or luxury limousine, as defined in 32 section 19-502 of the administrative code of the city of New York, or as 33 otherwise defined in local law; 34 (iv) a for-hire vehicle, as defined in section 19-502 of the adminis- 35 trative code of the city of New York, or as otherwise defined in local 36 law; 37 (v) a bus, as defined in section one hundred four of this chapter; 38 (vi) any motor vehicle weighing more than six thousand five hundred 39 pounds unloaded; 40 (vii) any motor vehicle having a seating capacity of more than seven 41 passengers; and 42 (viii) any motor vehicle subject to section three hundred seventy of 43 this chapter. 44 2. "Digital network" means any system or service offered or utilized 45 by a transportation network company that enables 'PNC prearranged trips 46 with transportation network company drivers. 47 3. "Transportation network company" or '°TNC" means a person, corpo-- 48 ration, partnership, sole proprietorship, or other entity that is 49 licensed pursuant to this article and is operating in New York state 50 exclusively using a digital network to connect transportation network 51 compaassen ers to transportation network company drivers who provide 1 52 TNC prearranged trips. 53 4. "Transportation network company driver" or "TNC driver" means an 54 individual who: S. 2009--C 95 A. 3009--C 1 (a) Receives connections to potential passengers and related services 2 from a transportation network company in exchange for payment of a fee 3 to the transportation network company; and 4 (b) Uses a TNC vehicle to offer or provide a TNC prearranged trip to 5 transportation network company passengers upon connection through a 6 digital network controlled by a transportation network company in 7 exchange for compensation or payment of a fee. 8 S. "Transportation network company passenger" or "passenger" means a 9 12erson or persons who use a transportation network company's digital 10 network to connect with a transportation network company driver who 11 provides TNC prearranged trips to the passenger in the TNC vehicle 12 between points chosen by the passenger. 13 6 (a) "TNC prearranged trip" or "trip" means the provision of trans- 14 portation by a transportation network company driver to a passenger 15 provided through the use of a TNC's digital network: 16 (i) beginning when a transportation network company driver accepts a 17 passenger's request for a trip through a digital network controlled by a 18 transportation network company; 19 (ii) continuing while the transportation network company driver trans- 20 ports the requesting passenger in a TNC vehicle; and 21 (iii) ending when the last requesting passenger departs from the TNC 22 vehicle. 23 (b) The term "TNC prearranged trip" does not include transportation 24 provided through any of the following: 25 (i) shared expense carpool or vanpool arrangements, including those as 26 defined in section one hundred fifty-eight-b of this chapter; and 27 (ii) use of a taxicab, livery, luxury limousine, or other for-hire 28 vehicle, as defined in this chanter, section 19-502 of the administra- 29 tive code of the city of New York, or as otherwise defined in local law. 30 7 "Group policy" means an insurance policy issued pursuant to section 31 three thousand four hundred fifty-five of the insurance law. 32 § 1692. General provisions. 1. A TNC or a TNC driver shall not be 33 deemed a common carrier, as defined in subdivision six of section two of 34 the transportation law; a contract carrier of passengers by motor vehi- 35 cle, as defined in subdivision nine of section two of the transportation 36 law; or a motor carrier, as defined in subdivision seventeen of section 37 two of the transportation law. Neither a TNC nor a TNC driver shall be 38 deemed to provide taxicab or for-hire vehicle service while operating as 39 a TNC or TNC driver pursuant to this article. Moreover, a TNC driver 40 shall not be required to register the TNC vehicle such TNC driver uses 41 for TNC prearranged trips as a commercial or for-hire vehicle, as set 42 forth in article fourteen of this chapter. 43 2 (a) A TNC may not operate in the state of New York without first 44 having obtained a license issued by the department in a form and manner 45 and with applicable fees as provided for by regulations promulgated_ by 46 the commissioner. As a condition of obtaining a license, a TNC shall be 47 required to submit to the department proof of a group policy issued 48 i2ursuant to section three thousand four hundred fifty-five of the insur- 49 ance law. Failure of a TNC to comply with the provisions of this article 50 may result in applicable penalties, which may include, but are not 51 limited to fines, suspension or revocation of license or a combination 52 thereof as otherwise provided by law. No license shall be suspended or 53 revoked except upon notice to the TNC and after an opportunity to be 54 heard. 55 (b) Failure of a TNC to obtain a license before operation, pursuant to 56 this subdivision shall constitute a misdemeanor. S. 2009--C 96 A. 3009--C 2 1 3 A TNC must maintain an agent for service of process in the state of 2 New York. 3 4 On behalf of a TNC driver, a TNC may charge a fare for the services 4 rendered to passengers;__ provided that, if a fare is collected from a 5 passenger, the TNC shall disclose to such passenger the fare within the 6 TNC's digital network The TNC shall also provide passengers, before 7 such passengers enter a TNC vehicle, the actual fare or an estimated 8 fare for such TNC prearranged trip through the TNC's digital network. 9 The TNC shall also post the fair calculation method on its website. 10 5 A TNC's digital network shall display a picture of the TNC driver, 11 and provide the make, model, color and license plate number of the TNC 12 vehicle utilized for providing the TNC prearranged trip before the 13 passenger enters the TNC vehicle. 14 6 Within a reasonable period of time following the completion of a 15 trip, a TNC shall transmit an electronic receipt to the passenger on 16 behalf of the TNC driver that lists: 17 (a) The origin and destination of the trip; 18 (b) The total time and distance of the trip; 7.9 (c) An itemization of the total fare paid, if any; 20 (d) A separate statement of the applicable assessment fee and 21 surcharge; and 22 (e) The TNC name and operating license number. 23 7. A TNC driver shall not solicit or accept street hails. 24 8 A TNC shall adopt a policy prohibiting solicitation or acceptance 25 of cash payments for the fares charged to passengers for TNC prearranged 26 trips and notify TNC drivers of such policy. TNC drivers shall not 27 solicit or accept cash payments from passengers. 28 9 A TNC shall prevent a TNC driver from accepting TNC prearranged 29 trips within a city of a population of one million or more and any coun- 30 *y or city that has enacted a local law or ordinance pursuant to section 31 one hundred eighty-two of the general municipal law and has not repealed 32 such local law or ordinance, except where the acceptance of a prear- 33 ranged trip is authorized pursuant to an existing reciprocity agreement. 34 10 Nothing in this article shall apply to cities with a population of 35 one million or more. 36 § 1693 Financial responsibility of transportation network companies. 37 1 A TNC driver, or TNC on the TNC driver's behalf through a group poli- 38 cy, shall maintain insurance that recognizes that the driver is a TNC 39 driver and provides financial responsibility coverage: 40 (a) while the TNC driver is logged onto the TNC's digital network; and 41 (b) while the TNC driver is engaged in a TNC prearranged trip. 42 2 (a) The _following automobile financial responsibility insurance 43 reS irements shall apply while a TNC driver is logged onto the TNC's 44 digital network but is not engaged in ..a TNC prearranged trip: insurance 45 against loss from the liability imposed by law for damages, including 46 damages for care and loss of services, because of bodily injury to or 47 death of any person, and injury to or destruction of property arising 48 out of the ownership, maintenance, use or operation of a personal vehi- 49 cle or vehicles within this state, or elsewhere in the United States in 50 North America or Canada, subject to a limit, exclusive of interest and 57. costs, with respect to each such occurrence, of at least seventy-five 52 thousand dollars because of bodily injury to or death of one person in 53 any one accident and, subject to said limit for one person, to a limit 54 of at least one hundred fifty thousand dollars because of bodily injury 55 to or death of two or more persons in an ohne accident, and to a limit 56 of at least twenty-five thousand dollars because of injury to or S. 2009--C 9% A. 3009--C 1 destruction of property of others in any one accident, provided however, 2 that such policy need not be for a period coterminous with the registra- 3 tion eriod of the ersonal vehicle insured, and Covera e in satisfac- 3 4 tion of the financial responsibility requirements set forth in section 5 three thousand four hundred twenty of the insurance law, article fifty- 6 one of the insurance law, and such other requirements or regulations 7 that may apply for the purposes of satisfying the financial responsibil- 8 ity requirements with respect to the use or o eration of a motor vehi- 9 cle. 10 (b) The coverage requirements of paragraph (a) of this subdivision may 11 be satisfied by any of the following: 12 (i) insurance maintained by the TNC driver; or 13 (ii) insurance provided through a group policy maintained by the TNC; 14 or 15 (iii) a combination of subparagraphs (i) and (ii) of this paragraph. 16 3 (a) The following automobile financial responsibility insurance 17 requirements shall apply while a TNC driver is engaged in a TNC prear- 18 ranged trip: insurance against loss from the liability imposed by law 1.9 for damages, including damages for care and loss of services, because of 20 bodily injury to or death of any person, and injury to or destruction of 21 property arising out of the ownership, maintenance, use, or operation of 22 a specific personal vehicle or vehicles within this state, or elsewhere 23 in the United States in North America or Canada, subject to a limit, 24 exclusive of interest and costs, with respect to each such occurrence, 25 of at least one million two hundred fifty thousand dollars because of 26 bodily injury to or death of any person, and injury to or destruction of 27 property provided however, that such policy need not be for a period 28 coterminous with the registration period of the personal vehicle 29 insured, and coverage in satisfaction of the financial responsibility 30 requirements set forth in section three thousand four hundred twenty of 31 the insurance law, article fifty-one of the insurance law; coverage 32 provided in accordance with subsection (f) of section three thousand 33 four hundred twenty of the insurance law, providing supplementary 34 uninsured/underinsured motorist insurance for bodily injury, in the 35 amount of one million two hundred fifty thousand dollars because of 36 bodily injury to or death of any person in any one accident; and such 3'7 other requirements or regulations that may apply for the purposes of 38 satisfying the financial responsibility requirements with respect to the 39 use or operation of a motor vehicle. 40 (b) The coverage requirements of paragraph (a) of this subdivision may 41 be satisfied by any of the following: 42 (i) insurance maintained by the TNC driver; or 43 (ii) insurance provided through a group policy maintained by the TNC; 44 or 45 v(iii) a combination of subparagraphs (i) and (ii) of this paragraph. 46 4 A TNC shall, upon entering into a contractual agreement with a TNC 47 driver, provide notice to the TNC driver that he or she may need addi- 48 tional insurance coverage including motor vehicle physical damage cover- 49 age as described in paragraph nineteen of subsection (a) of section one 50 thousand one hundred thirteen of the insurance law if the TNC vehicle 51 being used by the TNC driver is subject to a lease or loan. A TNC shall 52 also post this notice on its website in a prominent place, and provide 53 contact information for the department of financial services. 54 5. If insurance maintained by _a TNC driver pursuant to subdivisions 55 two and three of this section has lapsed or does not provide the 56 required coverage, then the group policy maintained by a TNC shall S. 2009--C 98 A. 3009--C 1 provide the coverage required by this section beginning with the first 2 dollar of a claim and have the dut to defend such claim. 3 6. Covera e under a rou olic maintained bv the TNC shall not be 4 dependent on the denial of a claim by the insurer that issued the incur- 5licy used to register the TNC vehicle, nor shall that insurer be 6 required to first deny a claim. 7 7. (a) Except as provided in ara ra h (b) of this subdivision, a 4 8 group policy maintained by a TNC pursuant to subparagraph (ii) of para- 9 graph (b) of subdivisions two or three of this section shall be placed 10 with an insurer authorized to write insurance in this state. 11 (b) If a TNC is unable to purchase a group policy pursuant to subpara- 12 graph (ii) of paragraph (b) of subdivisions two or three of this section 13 because such insurance is unavailable from authorized insurers the TNC 14 may acquire such group insurance with an excess line broker pursuant to 15 section two thousand one hundred eighteen of the insurance law. 16 (c) The obligation to determine whether the insurance required by this 17 section is unavailable from insurers authorized to write insurance in 18 this state shall be made prior to the initial placement and at each 19 renewal of a policy. 20 8 A TNC driver who, while operating a TNC vehicle was logged on to 21 the TNC's digital network but not engaged in a TNC prearranged trip or 22 was engaged in a TNC prearranged trip, and has in effect the insurance 23 required pursuant to this article, shall not be deemed to be in 24 violation of article six of this chapter during such time that he or she 25 was logged on to the TNC's digital network but not engaged in a TNC 26 prearranged trip or was engaged in a TNC prearranged trip. 27 9 A TNC driver shall carry proof of coverage satisfying subdivisions 28 two and three of this section with him or her at all times during his or 29 her use or operation of a TNC vehicle in connection with a TNC's digital 30 network Such proof of coverage shall be in such form as the commission- 31 er shall prescribe, which may be in the form of an insurance identifica- 32 tion card as defined in section three hundred eleven of this chapter. 33 Any insurance identification card issued pursuant to the provisions of 34 this article shall be in addition to the insurance identification card 35 required pursuant to article six of this chapter, and nothing contained 36 in this article shall be deemed to supersede the requirements of such 37 article six Whenever the production of an insurance identification card 38 is required by law, a TNC driver shall (a) produce the insurance iden- 39 tification card issued pursuant to article six of this chapter and, (b) 40 if such driver (i) was logged onto the TNC's digital network but not 41 engaged in a TNC prearranged trip or (ii) was engaged in a TNC prear- 42 ranged trip, such driver shall also produce the insurance identification 43 card required pursuantto this article. 44 10 The superintendent of financial services is authorized to issue_ 45 such rules and regulations necessary to implement this section. 46 11 The superintendent of financial services may promulgate regu- 47 lations to address insurance coverage under this section and section 48 sixteen hundred ninety-five of this article when a TNC driver_ uses 49 multiple digital networks simultaneously. 50 12 Nothing in this section shall impose financial responsibility 51 requirements upon any entities operating as vehicles for hire in a city 52 with a population of one million or more. 53 _13_ An insurer shall not include a mandatory arbitration clause in a 54 policy issued pursuant to this section. Nothing in this section super- 55 cedes the mandatory arbitration requirements contained in section five 56 thousand one hundred five of the insurance law. S. 2009--C 99 A. 3009--C 1 § 1694 _Disclosures A TNC shall disclose in writing to TNC drivers 2 the following before they are allowed to accept a request for a TNC_ 3 prearranged trip on the TNC's digital network: 4 1 The insurance coverage, including the types of coverage and the 5 limits for each coverage, that the TNC provides while the TNC driver 6 uses a TNC vehicle in connection with a TNC's digital network; 7 2. That the TNC driver's own automobile insurance policy might not 8 provide any coverage while the TNC driver is logged on to the TNC's 9 di ital network or is en a ed in a TNC rearran ed tri , de endin on 10 its terms; and 11 3. That, if a TNC vehicle has a lien a ainst it, then the continued 5 12 use of such TNC vehicle by its TNC driver without physical damage cover- 13 age may violate the terms of the contract with the lienholder. 14 § 1695 Insurance provisions. 1. Insurers that write motor vehicle 15 insurance in this state may, in the insurance policy, exclude any and 16 all coverage afforded under the policy issued to an owner or operator of 17 a TNC vehicle for any loss or injury that occurs while a TNC driver is 18 logged on to a TNC's digital network or while a driver provides a TNC 19 prearranged trip, including: 20 (a) liability coverage for bodily injury and property damage; 21 (b) coverage provided pursuant to article fifty-one of the insurance 22 law; 23 (c) uninsured motorist coverage; 24 (d) supplementary uninsured/underinsured motorist coverage; and 25 (e) motor vehicle physical damage coverage as described in paragraph 26 nineteen of subsection (a) of section one thousand one hundred thirteen 27 of the insurance law. 28 2 Such exclusions shall apply notwithstanding any requirement under 2.9 the law to the contrary. Nothing in this section implies or requires 30 that an owner's olicy of liability insurance or other motor vehicle 31 insurance policy provide coverage while the TNC driver is logged on to 32 the TNC's digital network, while the TNC driver is engaged in a TNC 33 prearranged trip or while the TNC driver otherwise uses or operates a 34 TNC vehicle to transport passengers for compensation. 35 3 Nothing shall be deemed to preclude an insurer from providing 36 primary, excess, or umbrella coverage for the TNC driver's TNC vehicle, 37 if it chose to do so by contract or endorsement. 38 4. Motor vehicle insurers that exclude the coverage described in this 39 article shall have no duty to defend or indemnify any claim expressly 40 excluded thereunder. Nothing in this article shall be deemed to invali- 41 date or limit an exclusion contained in a policy including any policy in 42 use or approved for use in this state prior to the effective date of 43 this section. 44 5 A motor vehicle insurer that defends or indemnifies a claim against 45 a TNC driver that is excluded under the terms of its policy shall have a 46 right of contribution against other insurers that provide motor vehicle 47 insurance to the same driver in satisfaction of the coverage require- 48 ments of the provisions of this article. 49 6. In a claims coverage investigation, a TNC and any insurer providing 50 _coverage under this article shall, within .fifteen days after a claim has 51 been filed, facilitate the exchange of relevant information with direct- 52 ly involved parties and any insurer of the TNC driver if applicable, 53 including the precise times that a TNC driver logged on and off of the 54 TNC's digital network in the twelve hour periodimmediately preceding 55 and in the twelve hour period immediately following the accident and 56 disclose to one another a clear description of the coverage, exclusions S. 2009--C. 100 A. 3009--C 1 and limits provided under any motor vehicle insurance maintained under 2 this article. 3 7 The superintendent of financial services may promulgate such rules 4 and regulations that the superintendent deems necessary to facilitate 5 the sharing of information between insurers, when a motor vehicle acci- 6 dent occurs and at least one of the insurers is providing financial 7 responsibility coverage to a TNC vehicle pursuant to this article. 8 S The commissioner shall providerelevant insurance coverage informa- 9 tion required by this article to the following persons upon request: 1.0 _ (a) a person to whom an accident report pertains or who is named in 11 such report, or his or her authorized representative; and 1.2 (b) any other person or his or her authorized re resentative who has 13 demonstrated to the satisfaction of the commissioner that such person is 14 or maV be a party to a civil action arisinq out of the conduct described 15 in such accident report. 6 16 § 1696 Driver and vehicle requirements. 1. (a) At all times, an indi- 17 vidual acting as a TNC driver shall be permitted by the TNC as follows: 18 (i) The individual shall submit an application to the TNC, which shall 19 include information regarding his or her address, age, driver's license, 20 motor vehicle registration, automobile liability insurance, and other 21 information required by the TNC; 22 (ii) The TNC shall conduct, or have a third party conduct, a criminal 23 background check for each applicant in accordance with section sixteen 24 hundred ninety-nine of this article and that shall review whether the 25 applicant: 26 (A) is listed on the New York state sex offender registry pursuant to 27 article six-C of the correction law; and 28 (B) is a match in the United States Department of Justice National Sex 29 Offender Public Website; 30 (iii) The TNC shall obtain and review, or have a third party obtain 31 and review, a driving history research report for such individual. 32 (b) The TNC shall not permit an applicant where such applicant: 33 (i) fails to meet all qualifications pursuant to section sixteen 34 hundred ninety-nine of this article; 35 (ii) is a match in the United States Department of Justice National 36 Sex Offender Public Website; 37 (iii) does not possess. a valid New York driver's license; 38 (iv) does not possess proof of registration for the motor vehicles 39 used to provide TNC prearranged trips; 40 (v) does not possess proof of automobile liability insurance for the 41 motor vehicles used to provide TNC prearranged trips as a TNC vehicle; 42 or 43 (vi) is not at least nineteen years of age. 44 (c) Upon review of all information received and retained by the TNC 45 and upon verifying that the individual is not disqualified pursuant to 46 this section from receiving a TNC driver permit, a TNC may issue a TNC 47 driver permit to the applicant. The TNC shall review all information 48 received relating to such a plicant and hold such information for six 49 years along with a certification that such applicant qualifies to 50 receive a TNC driver permit. 51 (d) (i) A TNC that issues a TNC driver's permit pursuant to this 52 section shall participate in the New York License Event Notification 53 Service (LENS) established by the department to obtain timely notice 54 when any of the following violations are added to a TNC driver's driving 55 record: S. 2009--C 101 A. 3009--C 1 (A) unlawfully fleeing a police officer in a motor vehicle in 2 violation of sections 270.25, 270.30 or 270.35 of the penal law; 3 (B) reckless driving in violation of section one thousand two hundred 4 twelve of this chapter; 5 (C) operating while license or privilege is suspended or revoked in 6 violation of section five hundred eleven of this cha ter, excluding 7 subdivision seven of such section; 8 (D) operating a motor vehicle under the influence of alcohol or drugs 9 in violation of section one thousand one hundred ninety-two of this 10 chapter; and 1-1 (E) leaving the scene of an incident without reporting in violation of 12 subdivision two of section six hundred of this chapter. 13 (ii) The department may promulgate regulations authorizing additional 1.4 LENS notifications as the commissioner deems necessary to protect public 15 health and safety. 16 (iii) Upon such notice, a pend TNC may susor revoke any TNC driver's 17 permit and revoke access to the TNC digital network, onlv after consid- 18 ering the number or severitV of Any such violations, includin such 19 factors as required bV this article for obtaining a TNC permit, when 20 necessary to protect public health and safety. If, however, such a 7 21 notice provides that an applicant has been convicted of a disqualifying 22 crime pursuant to section sixteen hundred ninety-nine of this article 23 such TNC driver's access to the TNC digital network and such TNC driv- 24 er's permit shall both immediately be suspended or revoked. Upon such 25 revocation or suspension pursuant to this section, the TNC shall provide 26 the driver with a copy of the LENS record used to make such determi- 27 nation. 28 (e) No person shall operate a TNC vehicle or operate as a TNC driver 29 unless such person holds a valid TNC driver permit issued pursuant to 30 this section. A violation of this paragraph shall be a traffic infrac- 31 tion punishable bya fine of not less than seventy-five nor more than 32 three hundred dollars, or by imprisonment for not more than fifteen 33 days, or by both such fine and imprisonment. 34 (f) The names and identifying information of TNC drivers provided 35 pursuant to paragra h (d) of this subdivision shall be considered infor- 36 mation, which if disclosed, would constitute an unwarranted invasion of 37 personal privacy under the provisions of article six of the public offi- 38 cers law. 39 2 A TNC shall implement a zero-tolerance policy regarding a TNC driv- 40 er's activities while accessing the TNC's digital network. Such policy 41 shall address the issue of operating a vehicle under the influence of 42 alcohol or drugs while a TNC driver is providing TNC prearranged trips 43 or is logged onto the TNC's digital network but is not providing TNC 44 prearranged trips, and the TNC shall provide notice of this policy on 45 its digital network, as well as procedures to report a complaint about a 46 TNC driver with whom a TNC prearranged trip was commenced and whom the 47 passenger reasonably suspects was operating a vehicle under the influ- 48 ence of alcohol or drugs during the course of the TNC prearranged trip. 49 3 (a) A TNC shall adopt a policy of non-discrimination on the basis 50 of destination, race, color, national origin, religious belief, practice 51 or affiliation, sex, disability, age, sexual orientation, or genetic 52 predisposition with respect to passengers and potential passengers and 53 notify TNC drivers of such policy. 54 (b) TNC drivers shall comply with all applicable laws regarding non- 55 discrimination against passengers or potential passengers on the basis 56 of destination, race, color, national origin, religious belief, practice S. 2009--C 102 A. 3009--C 1 or affiliation, sex, disability, age, sexual orientation, or genetic 2 predisposition with respect to passengers and potential passengers and 3 notify TNC drivers of such policy. 4 (c) TNC drivers shall comply with all applicable laws relating to 5 accommodation of service animals. 6 (d) A TNC shall implement and maintain a policy and an oversight proc- 7 ess of providing accessibility to passengers or potential passengers 8 with a disability and accommodation of service animals as such term is 9 defined in section one hundred twenty-three-b of the agriculture and 10 markets law and shall to the extent practicable adopt findings estab- 1.1 lished by the New York state TNC accessibility task force adopted 12ursu- 12 ant to section twenty-one of the chapter of the laws of two thousand 13 seventeen that added this section. A TNC shall not impose additional 1.4 charges for providing services to persons with physical disabilities 15 because of those disabilities. 16 (e) The New York state division of human rights shall be authorized to 17 accept, review and investigate any potential or actual violations of 18 this subdivision in a form and manner consistent with authority under 19 article fifteen of the executive law and shall notify the department, 20 upon a finding of a violation, for purposes of permit suspension. 21 4. A TNC shall require that anv or all motor_ vehicles that a TNC driv- 22 er will use as a TNC vehicle to provide TNC rearranged trips meets 23 applicable New York state vehicle safety and emissions requirements, as 24 set forth in section three hundred one of this chapter, or the vehicle 8 25 safety and emissions requirements of the state in which the vehicle is 26 registered. 27 5 The department shall promulgate regulations to ensure that each TNC 28 vehicle is easily identified as such and that the TNC for which the TNC 29 driver is providing the TNC service or TNC prearranged trip is distin- 30 guishable Such marking shall be in such form as is approved by the 31 commissioner, and shall be attached, affixed or displayed in such manner 32 as he or she may prescribe by regulation. 33 § 1697 Maintenance of records. A TNC shall maintain the following 34 records: 35 1 individual trip records for at least six years from the date each 36 trip was provided; and 37 2. individual records of TNC drivers at least until the six year anni- 38 versary of the date on which a TNC driver's relationship with the TNC 39 has ended. 40 § 1698 Audit procedures; confidentiality of records. 1. For the 41 purpose of verifying that a TNC is in compliance with the licensing 42 requirements of the department, the department shall reserve the right 43 to audit a sample of records that the TNC is required to maintain, upon 44 request by the department that shall be fulfilled in no fewer than ten 45 business days by the TNC. The sample shall be chosen randomly by the 46 department in a manner agreeable to both parties. The audit shall take 47 place at a mutually agreed location in New York state. Any record 48 furnished to the department may exclude information that would tend to 49 identify specific drivers or passengers. 50 2 The names and identifying information of TNC drivers that are 51 received pursuant to this section shall be considered information which, 52 if disclosed, would constitute an unwarranted invasion of personal 53 privacy under the provisions of article six of the public officers law. 54 3 The department shall establish regulations for the filing of 55 complaints against any TNC driver or TNC pursuant to this section. S. 2009--C 103 A. 3009--C 1 § 1699 Criminal history background check of transportation network 2 company drivers. 1. A TNC shall conduct, or have a third party conduct, 3 a criminal history background check using a lawful method approved by 4 the department pursuant to paragraph (a) of subdivision two of this 5 section for persons applying to drive for such company. 6 2 (a) The method used to conduct a criminal history background check 7 pursuant to subdivision one of this section shall be established in 8 regulations adopted by the department within thirty days of the effec- 9 tive date of this subdivision. To ensure safety of the passengers and 10 the public such regulations shall establish the method used to conduct 1.1 such background checks and any processes and operations necessary to 12 complete such checks The review of criminal history information and 1.3 determinations about whether or not an applicant is issued a TNC driver 1-4 permit shall be controlled by aragraphs (b) , (c) and (d) of this subdi- 15 vision. 16 (b) An applicant shall be disqualified to receive a TNC driver permit 17 where he or she: 1.8 (i) stands convicted in the last three years of: unlawful fleeing a 19 police officer in a motor vehicle in violation of sections 270.35, 20 270.30 or 270.25 of the p2nal law, reckless driving in violation of 21 section twelve hundred_ twelve of this chapter, operating while license 22 or privilege is suspended or revoked in violation of section five 23 hundred eleven of this chapter, excluding subdivision seven of such 24 section, a misdemeanor offense of operating a motor vehicle while under 25 the influence_ of alcohol or drugs in violation of section eleven hundred 26 ninety-two of this chapter, or leaving the scene of an accident in 27 violation of subdivision two of section_six hundred of this chapter. In 28 calculating the three year period under this subparagraph, any period of 29 time during which the person was a.ncarcerated after the commission of 9 30 such offense shall be excluded and such three year period shall be 31 extended by a period or periods equal to the time spent incarcerated; or 32 (ii) stands convicted in the last seven years of: a sex offense 33 defined in subdivision two of section one hundred sixty-eight-a of the 34 correction law, a felony offense defined in article one hundred twenty- 35 five of the penal law, .a violent felony offense defined in section 70._02 36 of the penal law, a class A felony offense defined in the penal law, a 37 felony offense defined in section eleven hundred ninety-two of this 38 chapter, an offense for which registration as a sex offender is required 39 pursuant to article six-C of the correction law, or any conviction of an 40 offense in any other jurisdiction that has all the essential elements of 41 an offense listed in this subparagraph. In calculating the seven year 42 period under this subparagraph, any period of time during which the 43 person was incarcerated after the commission of such offense shall be 44 excluded and such seven year period shall be extended by a period or 45 periods equal to the time spent incarcerated. 46 (c) A criminal history record that contains criminal conviction infor- 47 mation that does not disqualify an applicant pursuant to subparagraphs 48 (i) or (ii) of paragraph (b) of this subdivision, shall be reviewed and 49 considered according to the provisions of article twenty-three-A of the 50 correction law and subdivisions fifteen and sixteen of section two 51 hundred ninety-six of the executive law in determining whether or not 52 the applicant should be issued a TNC driver's permit. 53 (d) Upon receipt of criminal conviction information pursuant to this 54 section for any applicant, such applicant shall promptly be provided 55 with a copy of such information as well as a copy of article twenty- 56 three-A of the correction law. Such applicant shall also be informed of S. 2009--C 104 A. 3009--C 1 his or her right to seek correction of any incorrect information 2 contained in such criminal history information pursuant to the regu- 3 lations and procedures established by the division of criminal justice 4 services. 5 (e) The department shall promulgate regulations for the purpose of 6 implementing the provisions of this subdivision. 7 3 A TNC shall update the criminal history background check yearly 8 during the period _in which the person is authorized to drive for the 9 company, however, the commissioner may require, pursuant to regulation, 10 more frequent criminal history background checks. 7.1 4 To ensure safety of the passengers and the public a TNC shall be 12 responsible for all fees associated with the criminal history check 13 pursuant to subdivision one of this section. 14 5 Any TNC found to have violated any requirements established pursu- 15 ant to this section, shall on the first instance, be subject to a civil 16 penalty of not more than ten thousand dollars. For any subsequent 17 instance within the period of two years from any initial violation, such 18 TNC shall be subject to a civil penalty of not more than fifty thousand 7.9 dollars, or the suspension or revocation of its TNC license or both. 20 § 1700. Controlling authority. 1. Notwithstanding any other provision 21 of law, the regulation of TNCs and TNC drivers is governed exclusively 22 by the provisions of the chapter of the laws of two thousand seventeen 23 which added this section and any rules promulgated by the state through 24 its agencies consistent with such chapter. No county, town, city or 25 village mav enact a tax or any fee or other surcharge on_.a TNC, a TNC 26 driver, or a TNC vehicle used by a TNC driver or require a license, 27 permit, or additional insurance coverage or any other limitations or 28 restrictions, except for a prohibition on pick-up pursuant to section 29 one hundred eighty-two of the general municipal law, for__a TNC, a TNC 30 driver, or a TNC vehicle used by a TNC driver, where such fee, 31 surcharge, unauthorized tax, license, ermit, insurance coverage, limi- 32 tation or restriction, relates to facilitating or providingTNC prear- 33 ranged trips, or subjects a TNC, a TNC driver, or a TNC vehicle used by 10 34 a TNC driver to operational, or other requirements. 35 2 Nothing in this article shall authorize any TNC driver to pick-up a 36 passenger for purposes of a TNC prearranged trip in a city with a popu- 37 lation of one million or more or where a county or city has opted to 38 prohibit the same pursuant to authority consistent with section one 39 hundred eighty-two of the general municipal law, except where the 40 acceptance of a prearranged trip is authorized pursuant to an existing 41 reciprocity agreement. 42. 3 Nothing in this article shall: (a) limit the ability of a county, 43 town, city or village to adopt or amend generally applicable limitations 44 or restrictions relating to local traffic or parking control as author- 45 ized by state law; or (b) preempt any reciprocity agreements, including 46 agreements entered into pursuant to section four hundred ninety-eight of 47 this chapter, between a county, town, city or village that relates to 48 services regulated by section one hundred eighty-one of the general 49 municipal law. 50 4 Nothing in this article shall be construed to limit the ability of 51 a municipality or other governing authority that owns or operates an 52 airport located outside of a city with a population of one million or 53 more from adopting regulations and entering into contracts or other 54 agreements relating to the duties and responsibilities on airport prop- 55 erty of a transportation network company, which may include the imposi- 56 tion and payment of reasonable fees, provided that any such contracts, S. 2009--C 105 A. 3009--C 1 agreements, or regulations shall not impose any license or other opera- 2 tional requirement on a transportation network company driver or trans- 3 portation network compan vehicle that is inconsistent with or addi- 4 tional to the requirements of this article. 5 S 3. Section 370 of the vehicle and traffic law is amended by adding a 6 new subdivision 8 to read as follows: 7 8 Notwithstanding any other provision of this article, an individual 8 _shall not be deemed to be engaged in the business of carrying or trans- 9 porting passengers for hire if the individual does so solely as a trans- 10 portation network company driver in accordance with article forty-four-B 11 of this chapter. 12 4 4 . Section 600 of the vehicle and traffic law, as amended by chapter 13 49 of the laws of 2005, is amended to read as follows: 7.4 § 600. Leaving scene of an incident without reporting. 1. Property 15 damage. a. Any person operating a motor vehicle who, knowing or having 16 cause to know that damage has been caused to the real property or to the 17 personal property, not including animals, of another, due to an incident 18 involving the motor vehicle operated by such person shall, before .leav- 7.9 ing the place where the damage occurred., stop, exhibit his or her 20 license and insurance identification card for such vehicle, when such 21 card is required pursuant to articles six and eight of this chapter, and 22 give his or her name, residence, including street and number, insurance 23 carrier and insurance identification information including but noL 24 limited to the number and effective dates of said .individual's insurance 25 policy, and license number to the party sustaining the damage, or in 26 case the person sustaining the damage is not present at the place where 27 the damage occurred then he or she shall report the same as soon as 28 physically able to the nearest police station, or judicial officer. In 29 addition to the foregoing, any such person shall also: (i) produce the 30 proof of insurance coverage rewired pursuant to article forty-four-B of 31 this chapter if such person is a TNC driver operating a TNC vehicle 32 while the incident occurred who was (A) logged on to the TNC's digital 33 network but not engaged in a TNC prearranged trip or (B) was engaged in 34 a TNC prearranged trip; and (ii) disclose whether he or she, at the time 35 such incident oocurr_e_d, *ads (A) logged on to the TNC's digital network 36 but not engaged in a TNC prearranged trig or (B) was engaged in a TNC 37rearranged trip. 11 38 b. It shall be the duty of any member of a law enforcement agency who 39 is at the scene of the accident to request the said operator or opera- 40 tors of the motor vehicles, when physically capable of doing so, to 41 exchange the information required hereinabove and such member of a law 42 enforcement agency shall assist such operator or operators in making 43 such exchange of information in a reasonable and harmonious manner. 44 A violation of the provisions of paragraph a of this subdivision shall 45 constitute a traffic infraction punishable by a fine of up to two 46 hundred fifty dollars or a sentence of imprisonment for up to fifteen 47 days or both such fine and imprisonment. 48 2. Personal injury. a. Any person operating a motor vehicle who, 49 knowing or having cause to know that personal injury has been caused to 50 another person, due to an incident involving the motor vehicle operated 51 by such person shall, before leaving the place where the said personal 52 injury occurred, stop, exhibit his or her license and insurance iden- 53 tification card for such vehicle, when such card is required pursuant to `)4 articles six and eight of this chapter_, and give his or her name, resi- 55 dence, including street and street number, insurance carrier and insur- 56 ance identification information including but not limited to the number S. 2009--C 106 A. 3009--C 1_ and effective dates of said individual's .insurance policy and license 2 number, to the injured party, if practical, and also to a police offi- 3 cer, or in the event that no police officer is in the vicinity of the 4 place of said injury, then, he or she shall report said incident as soon 5 as physically able to the nearest police station or judicial officer. 6 In addition to the foregoing, any such person shall also: (i) produce 7 the proof of insurance coverage required pursuant to article 8 forty-four-B of this chapter if such person is a TNC driver operating a 9 TNC vehicle at the time of the incident who was (A) logged on to the 1.0 TNC's digital network but not engaged in a TNCrearranged trip or (B) 11 was engaged in a TNC prearranged trip; and (ii) disclose whether he or 12 she, at the time such incident occurred, was (A) logged on to the TNC's 13 digital network but not engaged in. a TNC prearranged trip or (B) was 14 engaged in a TNC prearranged trip. 1.5 b. It shall be the duty of any member of a law enforcement agency who 16 is at the scene of the accident to request the said operator or opera- 17 tors of the motor vehicles, when physically capable of doing so, to 1.8 exchange the information required hereinabove and such member of a law 19 enforcement agency shall assist such operator or operators in making 20 such exchange of information in a reasonable and harmonious mariner. 21 C. A violation of the provisions of paragraph a of this subdivision 22 resulting solely from the failure of an operator to exhibit his or her 23 license and insurance identification card for the vehicle or exchange 24 the information required in such paragraph shall constitute a class B 25 misdemeanor punishable by a fine of not -less than two hundred fifty nor 26 more than five hundred dollars in addition to any other. penalties 27 provided by law. Any subsequent such violation shall constitute a class 28 A misdemeanor punishable by a fine of riot. less than five hundred nor 29 more than one thousand dollars in addition to arty other penalties 30 provided by .law. Any violation of the provisions of paragraph a of this 31 subdivision, other than for the mere failure of an operator to exhibit 32 his or her license and insurance identification card for such vehicle or 33 exchange the information required in such paragraph, shall constitute a 34 class A misdemeanor, punishable by a fine of not less than five hundred 35 dollars nor more than one thousand dollars i.n addition to any other 36 penalties provided by law. Any such violation committed by a person 37 after such person has previously been convicted of such a violation 38 shall constitute a class El felony, punishable by a fine of not less than 39 one thousand nor more than two thousand five hundred dollars in addition 40 to any other_ penalties provided by lava. Any violation of the provisions 41 of paragraph a of this subdivision, other than for the mere failure of 12 42 an operator to exhibit his or her license and insurance identification 43 card for such vehicle or exchange the information required in such para- 44 graph, where the personal injury involved (i) results in serious phys- 45 ical injury, as defined in section 10.00 of the penal law, shall consti- 46 tute a class E felony, punishable by a fine of not less than one 47 thousand nor more than five thousand dollars in addition to any other 48 penalties provided by law, or (ii) results in death shall constitute a 49 class D felony punishable by a fine of not less than two thousand nor 50 more than five thousand dollars in addition to any other penalties 51 provided by law. 52 3 For the purposes of this article, the terms "TNC", "TNC driver", 53 "TNC vehicle", "TNC prearranged trip" and "digital network" shall have 54 the same meanings_ as such terms are defined in article forty-four-B of 55 this chapter. S. 2009--C 107 A. 3009--C 1 § 5. Section 601 of the vehicle and traffic law, as amended by chapter 2 672 of the laws of 2004, is amended to read as follows: 3 § 601 . Leaving scene of injury to certain animals without reporting. 4 Any person operating a motor vehicle which shall strike and injure any 5 horse, dog, cat or animal classified as cattle shall stop and endeavor 6 to locate the owner or custodian of such animal or a police, peace or 7 judicial officer of the vicinity, and take any other reasonable and 8 appropriate action so that the animal may have necessary attention, and 9 shall also promptly report the matter to such owner, custodian or offi- 10 cer (or if no one of such has been located, then to a police officer of 11 some other nearby community) , exhibiting his or her license and insur- 12 ance identification card for such vehicle, when such card is required 13 pursuant to articles six and eight of this chapter, giving his or her 14 name and residence, including street and street number, insurance carri- 15 er and insurance identification information and license number. In addi- 16 tion to the foregoing, any such person shall also: (i) produce the proof 17 of insurance coverage required pursuant to article forty-four-B of this 1.8 chapter if such person is a TNC driver operating a TNC vehicle at the 19 time of the incident who was (A) logged on to the TNC's digital network 20 but not engaged in a TNC prearranged trip or (B) was engaged in a TNC 21 prearranged trip and (ii) disclose whether he or she, at the time such 22 incident occurred, was (A) logged on to the TNC's digital network but 23 not engaged in a TNC prearranged trip or (B) was engaged in a TNC prear- 24 ranged trip. Violation of this section shall be punishable by a :fine of 25 not more than one hundred dollars for a first offense and by a fine of 26 not less than fifty nor more than one hundred fifty dollars for a second 27 offense and each subsequent offense; provided, however where the animal. 28 that has been struck and injured is a guide dog, hearing dog or service 29 dog, as such terms are defined in section forty-seven--b of the civil 30 rights law which is actually engaged in aiding or guiding a person with 31 a disability, a violation of this section shall be [publish-ab-1c] punish- 32 able by a fine of not .less than fifty nor more than one hundred fifty 33 dollars for a first offense and by a fine- of not less than one hundred 34 fifty dollars nor more than three hundred dollars for a second. offense 35 and each subsequent offense. 36 § 6. The insurance law is amendea by adding two new sections 3455 and 37 3456 to read as follows: 38 3455 Transportation network company growinsurance policies. (a) 39 Forpurposesof this section, the following definitions shall apply: 40 (1) "Transportation network com any" shall have the same meaning as 41 set forth in article forty-four-B of the vehicle and traffic law. 42 (2) "Certificate" or "certificate of insurance" means any policy, 43 contract or other evidence of insurance, or endorsement thereto, issued 44 to a groupmember under a transportation network com an rou olic . 45 (3) "Transportation network compaolicy" or "group policy" 46 means a group policy, including certificates issued to the g=u 13 47 members, where the group policyholder is a transportation network compa- 48 ny and the policy provides insurance to the transportation network 49 company and to group members: 50 (A) in accordance with the requirements of article forty-four-B of the 51 vehicle and traffic law; 52 (B) of the type described in paragraph thirteen, fourteen, or nineteen 53 of subsection (a) of section one thousand one hundred thirteen of this 54 chapter; and 55 (C) in satisfaction of the financial responsibility requirements set 56 forth in section three thousand four hundred twenty of this article, S. 2009--C 108 A. 3009--C 1 subdivision four of section three hundred eleven of the vehicle and 2 traffic law, article fifty-one of this chapter, and such other require- 3 ments or regulations that may apply for the purposes of satisfying the 4 financial responsibility requirements with respect to the use or opera- 5 tion of a motor vehicle. 6 (4) "Group member" means a transportation network company driver as 7 defined in article forty-four-B of the vehicle and traffic law. 8 (5) "Group policyholder" means a transportation network company. 9 (6) "TNC vehicle" shall have the meaning set forth in article forty- 10 four-B of the vehicle and traffic law. 11 (b) An insurer may issue or issue for delivery in this state a trans- 12 portation network company group policy to a transportation network 13 company as a group policyholder only in accordance with the provisions 14 of this section. 15 (c) (1) A transportation network company group policy shall provide 16 coverage for a TNC vehicle in accordance with the requirements of arti- 17 cle forty-four-B of the vehicle and traffic law. 18 (2) A transportation network company group policy may provide: 19 (A) coverage for limits higher than the minimum limits required pursu- 20 ant to article forty-four-B of the vehicle and traffic law. 21 (B) supplementary uninsured/underinsured motorists insurance for bodi- 22 ly injury pursuant to paragraph two of subsection (f) of section three 23 thousand four hundred twenty of this article; 24 (C) supplemental spousal liability insurance pursuant to subsection_ 25 (g) of section three thousand four hundred twenty of this chapter; and 2.6 (D) motor vehicle physical damage coverage as described in paragraph 2'7 nineteen of subsection (a) of section one thousand one hundred thirteen 28 of this chapter. 29 (3) The coverage described in paragraphs one and two of this 30 subsection may be provided in one group policy or in separate group 31 policies. 32 (4) A transportation network company group polic , including certif- 33 icates, shallbe issued by authorized insurers or from excess line 34 brokers pursuant to section sixteen six hundred ninety-three of the 35 vehicle and traffic law. 36 (5) A policyholder also may be an insured under a group policy. 37 (d) The premium for the transportation network company group policy, 38 including _certificates may be paid by the group olicyholder from the 39 funds contributed: 40 (1) wholly by the group policyholder; 41 (2) wholly by the group members; or 42 (3) jointly by the group policyholder and the group members. 43 (e) (1) Any policydividend, retros ective remium credit, or retro- 44 s ective remium refund in res ect of premiums paid by the grou olic - 45 holder may: 46 (A) be applied to reduce the premium contribution of the_2r2up policy- 47 holder, but not in excess of the proportion to its contribution; or 48 (B) be retained by the group policyholder. 49 (2) Any policy dividend, retrospective premium credit, or retrospec- 50five remium refund not distributed under paragraph one of this 14 51 subsection shall be: 52 (A) applied to reduce future premiums and, accordingly, future 53 contributions, of existing or future group members, or both; or 54 (B) paid or refunded to those group members insured on the date the 55 payment or refund is made to the group policyholder, if distributed by S. 2009--C 109 A. 3009--C 1 the group policyholder, or on the date of mailing, if distributed 2 directly by the insurer, subject to the following requirements: 3 (i) The insurer shall be responsible for determining the allocation of 4 the payment of refund to the group members; 5 (ii) If the group policyholder distributes the payment or refund, the 6 insurer shall be responsible for audit to ascertain that the payment or "7 refund is actually made in accordance with the allocation procedure; and 8 (iii) I£ the group policyholder fails to make the payment or refund, 9 the insurer shall make the payment or refund directly or use the method 10 provided in subparagraph (A) of this paragraph. 11 (3) Notwithstanding paragraphs one and two of this subsection, if a 12 dividend accrues upon termination of coverage under a transportation 13 _network company group policy, the premium for which was paid out of 14 funds contributed by group members specifically for the coverage, the 15 dividend shall be paid or refunded by the group policyholder to the 16 group members insured on the date the payment or refund is made to the 17 group policyholder, net of reasonable expenses incurred by the group 1.8 policyholder in paying or refunding the dividend to such group members. 19 (4) For the purposes of this subsection, "dividend" means a return by 20 the insurer of a transportation network company group policy of excess 21 premiums to the group policyholder in light of favorable loss experi- 22 ence, including retrospective premium credits or retrospective premium 23 refunds. The term "dividend" does not include reimbursements or fees 24 received by a group policyholder in connection with the operation or 25 administration of a transportation network company group policy, includ- 26 ing administrative reimbursements, fees for services provided by the 27 group policyholder, or transactional service fees. 28 (f) The insurer shall treat in like manner all eligible group members 29 of the same class and status. 30 (g) Each policy written pursuant to this section shall provide per 31 occurrence limits of coverage for each group member in an amount not 32 less than that required by this article, and may provide coverage for 33 limits higher than the minimum limits required under the law. 34 (h) (1) The insurer shall be responsible for mailing or delivery of a 35 certificate of insurance to each _group member insured under the trans- 36 portation network company group policy, provided, however, that the 37 insurer may delegate the mailing or delivery to the transportation 38 network company. The insurer shall also be responsible for the mailing 39 or delivery to each group member of an amended certificate of insurance 40 or endorsement to the certificate, whenever there is a change in limits; 41 change in type of coverage; addition, reduction, or elimination of 42 coverage; or addition of exclusion, under the trans ortation network 43 company group policy or certificate. 44 (2) The certificate shall contain in substance all material terms and 45 conditions of coverage afforded to group members, unless the transporta- 46 tion network company group polic is incorporated by reference and a 47copy of the group policy accom anies the certificate. 48 r (3) If any coverage afforded to the group member is excess of applica- 49 ble insurance coverage, the certificate shall contain a notice advising 50 the group members that, i£ the member has other insurance coverage, 51 specified coverages under the transportation network company roup poli- 52 cy will be excess over the other insurance. 53 y (i) A rou olic holder shall com 1 with the provisions of section 54 two thousand one hundred twenty-two of this chapter, in the same manner 55 as an agent or broker, in ani advertisement, sycin, pamphlet, circular, 15 S. 2009---C 110 A. 3009--C 1 card, or other public announcement referring to coverage under a trans- 2 portation network company group policy or certificate. 3 (j) A transportation network company group policy shall not be subject 4 to section three thousand four hundred twenty-five or section three 5 thousand four hundred twenty-six of this article; provided that the 6 following requirements shall apply with regard to termination of cover- age: 8 (1) (A) An insurer may terminate a group policy or certificate only if 9 cancellation is based on one or more of the reasons set forth in subpar- 10 agraph (A) through (D) or (F) through (H) of paragraph one of subsection 11 (c) of section three thousand four hundred twenty-six of this article; 12 provided, however, that an act or omission by a group member that would 13 constitute the basis for cancellation of an individual certificate shall 14 not constitute the basis for cancellation of the group policy. 15 (B) Where the premium is derived wholly from funds contributed by the 16 group policyholder, an insurer may cancel an individual certificate only 1"7 if cancellation is based on one or more of the reasons set forth in 18 subparagraph (B) , (C) or (H) of paragraph one of subsection (c) of 19 section three thousand four hundred twenty-six of this article. 20 (2) (A) An insurer's cancellation of a group policy, including all 21 certificates, shall not become effective until thirty days after the 22 insurer mails or delivers written notice of cancellation to the group 23 policyholder at the mailing address shown in the policy. 24 (i) Where all or part of the premium is derived from funds contributed 25 by the group member specifically for the coverage, the insurer shall 26 also mail or deliver written notice of cancellation of the group policy 27 to the group member at the group member's mailing address. Such cancel- 28 lation shall not become effective until thirty days after the insurer 2.9 mails or delivers the written notice to the group member. 30 (ii) Where none of the premium is derived from funds contributed by a 31 group member specifically for the coverage, the group policy holder 32 shall mail or deliver written notice to the group member advising the 33 group member of the cancellation of the group policy and the effective 34 date of cancellation. The group policy holder shall mail or deliver the 35 written notice within ninety_ days after receiving notice of cancellation 36 from the insurer. 37 (B) An insurer's cancellation of an individual certificate shall not 38 become effective until thirty days after the insurer mails or delivers 39 written notice of cancellation to the group member at the group member's 40 mailing address and to the group policyholder at the mailing address 41 shown in the group policy. 42 (3) (A) A group policyholder ma cancel a group policy, including all 43 certificates, or any individual certificate, for any reason upon thirty 44 days written notice to the insurer and each group member; and 45 (B) The group policyholder shall mail or deliver written notice to 46 each affected group member of the group.,,..policyholder's cancellation of 47 the group policy or certificate and the effective date of cancellation_ 48 The group policyholder shall mail or deliver the written notice to the 49 group member's mailing address at least thirty days prior to the effec- 50 tive date of cancellation. 51 (4) (A) Unless a group policy provides for a longer policy eriod, the 52 policy and all certificates shall be issued or renewed for a one-year 53 Eolicy period. 54 (B) The group policyholder shall be entitled to renew the group policy 55 and all certificates _upon timely payment of the remium billed to the 56 croup policyholder for the renewal, unless: S. 2009--C 1.11 A. 3009---C 1 (i) the insurer mails or delivers to the group policyholder and all ?_ group members written notice of nonrenewal, or conditional renewal; and ].6 3 (ii) the insurer mails or delivers the written notice at least thirty, 4 but not more than one hundred twenty days prior to the expiration date 5 specified in the policy or, if no date is specified, the next anniver- 6 sary date of the policy. 7 (5) Where the group policyholder nonrenews the group policy, the group 8 policyholder shall mail or deliver written notice to each group member 9 advising the group member of nonrenewal of the group policy and the 10 effective date of nonrenewal. The group policyholder shall mail or 11 deliver written notice at least thirty days prior to the nonrenewal. 12 (6) Every notice of cancellation, nonrenewal, or conditional renewal 13 shall set forth the specific reason or reasons for cancellation, nonre- 14 newal, or conditional renewal. 15 (7) (A) An insurer shall not be required under this subsection to give 16 notice to a group member if the insurer has been advised by either the 1'7 group policyholder or another insurer that substantially similar cover- 18 age has been obtained from the other insurer without lapse of coverage. 19 (B) A group policyholder shall not be required under this subsection 20 to give notice to a group member if substantially similar coverage has 21 been obtained from another insurer without lapse of coverage. 22 (8) (A) If, prior to the effective date of cancellation, nonrenewal, 23 or conditional renewal of the group policy, or a certificate, whether 24 initiated by the insurer, group policyholder or by the group member in 25 regard to the group member's certificate, coverage attaches pursuant to 26 the terms of a group policy, then the coverage shall be effective until 27 expiration of the applicable period of coverage provided in the group 28 policy notwithstanding the cancellation, nonrenewal or conditional 29 _nonrenewal of the group policy. 30 (B) Notwithstanding subparagraph (A) of this paragraph, an insurer may 31 terminate coverage under an individual certificate on the effective date 32 of cancellation, if the certificate is cancelled in accordance with the 33 provisions of subparagraph (B) of paragraph one of this subsection. 34 (k) Any mailing or delivery to a group member required or permitted 35 under this section may be made by electronic mail if consent to such 36 method of delivery has been previously received from such group member. 37 (1) An insurer may issue a transportation network company group policy 38 to a transportation network company, notwithstanding that it may be a 39 condition of operating a vehicle on the transportation network company's 40 digital network for the TNC driver to participate in such group policy. 41 (m) An insurer shall not include a mandatory arbitration clause in a 42 policy that provides financial responsibility coverage under this 43 section except as permitted in section five thousand one hundred five of 44 the insurance law. 45 § 3456 Prohibition against cancellation of policy when motor vehicle 46 is used or operated through a transportation network company program. 47 (a) An insurer shall not cancel an existing motor vehicle insurance 48 policy solely on the basis that the motor vehicle covered by the insur- 49 ance has been made available pursuant to a transportation network compa- 50 ny program in compliance with article forty-four-B of the vehicle and 51 traffic law. 52' (b) The definitions set forth in section three thousand four hundred 53 fifty-five of this article shall apply to this section. 54 § 6-a. Subsection (g) of section 5102 of the insurance law is amended 55 to read as follows: S. 2009--C 112 A. 3009--C 1 (g) "Insurer" means the insurance company or self—insurer, as the case 2 may be, which provides the Ei.nancial security required by article six 3 [sem] , eight, or fortry-four-B of the vehicle and traffic law. 4 § 7. Subsection (b) of seccion 5103 of the insurance law is amended by 5 adding a new paragraph 4 to read as follows: 6 (4) Is inured while a motor vehicle is being used or operated by a 7 TNC driver pursuant to article forty-four-B of the vehicle and traffic 17 8 law, provided, however, that only the insurer issuing the owner's policy 9 of liability insurance providing coverage for the motor vehicle being 1.0 operated by a TNC driver may exclude such coverage and an insurer may 11 not include this exclusion in a policy used to satisfy the requirements 12 under article fort -four-B of the vehicle and traffic law. 13 § 8. Subsection (d) of section 51.06 of the insurance .law, as added by 14 chapter 452 of the laws of 2005, is amended to read as follows: 15 (d) [Where] (1) Except as provided in paragraph two of this 16 subsection, where there i_s reasonable belief more than one insurer would 17 be the source of first party benefits, the insurers may agree among 18 themselves, if there is a valid basis therefor, that one of them will 19 accept and pay the claim initially. if there is no such agreement, then 20 the first insurer to whom notice of claim is given shall be responsible 21 for payment. Any such dispute shall be resolved in accordance with the 22 arbitration procedures established pursuant to section five thousand one 23 hundred five of this article and [reguiation] regulations as promulgated 24 by the superintendent, and any insurer_ paying first-party benefits shall 25 be reimbursed by other insurers for their proportionate share of the 26 costs of the claim and the allocated expenses of processing the claim, 27 in accordance with the provisions entitled "other coverage" contained in 28 regulation and the provisions entitled "other sources of first-party 29 benefits" contained in regulation. If there is no such insurer and the 30 motor vehicle accident occurs in this state, then an applicant who is a 31 qualified person as defined in article fifty-two of this chapter shall 32 institute the claim against the motor vehicle accident indemnification 33 corporation. 34 (2) A group policy issued pursuant to section three thousand four 35 hundred fifty-five of this chapter shall provide first party benefits 36 when a dispute exists as to whether a driver was using or operating a 37 motor vehicle in connection with a transportation network company when 38 loss, damage, injury, or death occurs. A transportation network company 39 shall notify the insurer that issued the owner's policy of liability 40 insurance of the dispute within ten business days of becoming aware that 41 the dispute exists When there is a dispute, the group insurer liable 42 for the payment of first party benefits under a group policy shall have 43 the right to recover the amount paid from the driver's insurer to the 44 extent that the driver would have been liable to pay damages in an 45 action at law. 46 4 9. Subsection (b! of section 2305 of the insurance lav, as amended 47 by chapter 11 of the :Laws of 2008, paragraph 13 as amended by chapter_ 48 136 of the laws of 2008, is amended to read as .follows: 49 (b) rate filings for: 50 (1) workers' compensation insurance; 51 (2) motor vehicle .insurance, or surety bonds, required by section 52 three hundred seventy of the vehicle and traffic law or article forty- 53 four-B of the vehicle and traffic law; 54 (3) joint underwriting; 55 (4) motor vehicle assigned risk insurance; S. 2009--C 113 A. 3009--C 1 (5) insurance issued by the New York ProperLy Insurance Underwriting 2 Association; 3 (6) risk sharing plans authorized by section two thousand three 4 hundred eighteen of this article; 5 (7) title insurance; 6 (8) medical malpractice liability insurance; 7 (9) insurance issued by the Medical Malpractice Insurance Association; 8 (10) mortgage guaranty insurance; 9 (11) credit property insurance, as defined in section two thousand 10 three hundred forty of this article; [and] 11 (]_7_) gap insurance; and 1.2 (13) [Pr3_�1 private passenger auLomob.i_le insurance, except as 18 13 provided in section two thousand three hundred fifty of this article[ ... ] , 14 shall be filed with the superintendent and shall not become effective 15 unless either the filing has been approved or thirty days, which the 16 superintendent may with cause extend an additional thirty days and with 17 further cause extend an additional fifteen days, have elapsed and the 18 filing has not been disapproved as failing to meet the requirements of 19 this article, including the standard that rates be not otherwise unrea- 20 sonable. After a rate filing becomes effective, the filing and support- 21 ing information shall be open to public inspection. If a filing is 22 disapproved, then notice of such disapproval order shall be given, spec- 23 ifying in what respects such filing fails to meet the requirements of 24 this article. Upon his or her request, the superintendent shall be 25 provided with support and assistance from the workers' compensation 26 board and other state agencies and departments with appropriate juris- 27 diction. The loss cost multiplier for each insurer providing coverage 28 for workers' compensation, as defined by regulation promulgated by the 29 superintendent, shall be promptly displayed on the department' s website 30 and updated in the event of any change. 31 § 10. Paragraph 1 of subsection (a) of section 3425 of the insurance 32 law, as amended by chapter 235 of the laws of 1989, is amended to read 33 as follows: 34 (1) "Covered policy" means a contract of insurance, referred to in 35 this section as "automobile insurance", issued or issued for delivery in 36 this state, on a risk located or resident in this state, insuring 3'7 against losses or liabilities arising out of the ownership, operation, 38 or use of a motor vehicle, predominantly used for non-business purposes, 39 when a natural person is the named insured under the policy of automo- 40 bile insurance; provided, however, that the use or operation of the 41 motor vehicle by a transportation network driver as a TNC vehicle in 42 accordance with article forty-four-B of the vehicle and traffic law 43 shall not be included in determining whether the motor vehicle is being 44 used predominantly for non-business purposes. 45 § 11. Subdivisions 1 and 3 of section 160-cc of the executive law, as 46 added by chapter 49 of the laws of 1999, are amended and a new subdivi- 47 sion 10 is added to read as follows: 48 1. "Black car, operator." means the registered owner of a for-hire vehi- 49 cle, or a driver designated by such registered owner to operate the 50 registered owner' s for-hire vehicle as the registered owner's authorized 51 designee, whose injury arose out of and in the course of providing 52 covered services to a central dispatch facility that is a .registered 53 member of the New York_ black car operators' injury compensation fund, 54 inc. 55 (a) For the pur oses of the administration of this article, a black 56 car operator shall include a TNC driver that is engaged rn a TNC prear- S. 2009--C 114 A. 3009--C 1_ ranged trip For the purposes of this article, the terms "TNC driver", 2 "TNC rearrangedtrip" and "digital network" shall have the same mean- 3 ings as such terms are defined in article forty-four-B of the vehicle 4 and traffic law. 5 (b) For the purposes of the administration of this article, a black 6 car operator shall include a TNC driver that is logged onto a TNC 7 digital network and is not engaged in a TNC prearranged trip but is 8 engaged in an activity reasonablV related to driving as a TNC driver 9 taking into consideration the time, place and manner of such activity, 10 _however, that this paragraph shall only apply to a TNC driver permitted 11 pursuant to article forty-four-B of the vehicle and traffic law within 12 twelve months of the effective date of this paragraph. 13 3. "Central dispatch facility" means a central facility, wherever_ 1.4 located, including a transportation network companyf that (a) dispatches 15 the registered owners of for-hire vehicles, or drivers acting as the 1.6 desi.gn.ated agent of such registered owners, to both pick-up and 19 17 discharge passengers in the state, and (b) has certified to the satis- 18 faction of the department of state that more than ninety percent of its 19 for-hire business is on a payment basis other than direct cash payment 20 by a passenger; provided, however, that a central dispatch facility 21 shall not include any such central facility that owns fifty percent or 22 more of the cars it dispatches. For the purposes of administration of 23 this article, central dispatch facility shall include TNC prearranged 24 trip as defined in article forty-four-B of the vehicle and traffic law. 25 10. "Transportation network company" or "TNC" shall have the same 26 meaning as the term is defined in article forty-four-B of the vehicle 27 and traffic law. 28 § 12 . Subdivision 1 of section 160-ff of the executive law, as added 29 by chapter 49 of the laws of 1999, is amended to read as follows: 30 1 . [Within th-i-�days of the effects I . , ] i 31 There shall be appointed a board of directors of the fund, consisting of 32 [tee] eleven directors, [five] six of whom shall be selected by the 33 black car assistance corporation; [free] four of whom shall be chosen 34 by the governor, including one chosen upon the recommendation of the 35 temporary president of the senate and one chosen upon the recommendation 36 of the speaker of the assembly; one chosen to represent a transportation 37 network company as defined by article forty-four-B of the vehicle and 38 traffic law; and one of whom shall be the secretary, who shall serve ex 39 officio. [The in-it-Jai terms ef direeters ather t-han the secretary shall 40 be-s to cu the—th�r ser 41 initial terms of 4 2 43 years f rem the - 44 fer initial terms -af--e-ne-Year-=icm �:� his--amt=tee] 45 The governor shall appoint the director chosen to represent a transpor- 46 tation network company no later than December thirty-first, two thousand 47 seventeen. The terms of all directors other than the secre- 48 tary shall be tnree years. The board shall have the power to .remove for 49 cause any director other than the secretary. 50 § 1.3. Subdivision 3 of section 160-jj of the executive law, as added 51 by chapter 49 of the laws of 1999, is amended to read as follows: 52 3. No local licensing authority or the department or the New York 53 state department of motor vehicles_ shall issue, contnnue or renew any 54 license or registration certificate, or permit for the operation of any 55 central dispatch facility unless such central dispatch facility, as a 56 condition of maintaining its license and/or registration certificate, S. 2009--C 115 A. 3009--C 1 adds the surcharge required by this section to every .invoice and billing 2 for covered services sent to, and every credit payment for covered 3 services received from, its customers and pays to the fund no later than 4 the fifteenth day of each month the total_ surcharges due pursuant to 5 this article. 6 § 14 . The general. municipal law is amended by adding a new section 182 7 to read as follows: 8 § 182 Local regulation of transportation network companies. 1. Every 9 county, and any city with a population of one hundred thousand or more 10 as of the last decennial census, may prohibit the pick-up of any person 11 LDy a transportation network company as defined by article forty-four-B 12 of the vehicle and traffic law within their geographic boundaries pursu- 1_.3 ant to the enactment of a local law or ordinance, except that any county 14 that contains a cit with a population of one hundred thousand or more 15 as of the last decennial census shall only be authorized to prohibit the 16 ick-u of an erson b a trans ortatzon network cam an as defined b 17 article forty-four-B of the vehicle and traffic law outside of the 18 geographic boundaries of such city. 1.9 2. Any county or city that enacts a local law or ordinance pursuant to 20 this section or repeals such local law or ordinance shall notify the 20 21 department of motor vehicles. Such department shall maintain on its 22 public website a list of all counties and cities that have enacted a 23 local law or ordinance pursuant to this section and shall remove from 24 such list any county or city that repeals such local law or ordinance. 25 3 This section shall not apply to a city with a population of one 26 million or more. 27 § 15. Subdivision 1 of section 171-a of the tax law; as amended by 28 chapter 90 of the laws of 2014, is amended to read as follows: 29 1. All taxes, interest, penalties and fees collected or received by 30 the commissioner or the commissioner's duly authorized agent under arti- 31 cles nine (except section one hundred eighty-two-a thereof and except as 32 otherwise provided in section two hundred five thereof) , nine-A, 33 twelve-A (except as otherwise provided in section two hundred eighty- 34 four-d thereof) , thirteen, thirteen-A (except as otherwise provided in 35 section three hundred twelve thereof) , eighteen, nineteen, twenty 36 (except as otherwise provided in section four hundred eighty-two there- 37 of) , twenty-B, twenty-one, twenty-two, twenty-six, [ , ] twen- 38 ty-eight (except as otherwise provided in section eleven hundred two or 39 eleven hundred three thereof) , twenty-eight-A, twenty-nine-B, thirty-one 40 (except as otherwise provided in section fourteen hundred twenty-one 41 thereof) , thirty-three and thirty-three-A of this chapter shall be 42 deposited daily in one account with such responsible banks, banking 43 houses or trust companies as may be designated by the comptroller, to 44 the credit of the comptroller. Such an account may be established in one 45 or more of such depositories. Such deposits shall be kept separate and 46 apart from all other money in the possession of the comptroller. The 47 comptroller shall require adequate security from all. such depositories. 48 Of the total revenue collected or .received under such articles of this 49 chapter, the comptroller, shall retain i_n the comptroller' s hands such 50 amount as the commissioner may determine to be necessary for refunds or 51 reimbursements under such articles of this chapter out of which amount 52 the comptroller shall pay any refunds or reimbursements to which taxpay- 53 ers shall be entitled under the provisions of such articles of this 54 chapter. The commissioner and the comptroller shall. maintain a system of 55 accounts showing the amount of revenue collected or received from each 56 of the taxes imposed by such articles. The comptroller, after reserving S. 2009--C 116 A. 3009--C 1 the amount to pay such refunds or reimbursements, shall, on or before 2 the tenth day of each month, pay into the state treasury to the credit. 3 of the general fund all. revenue deposited under this section during the 4 preceding calendar month and remaining to the comptroller's credit on 5 the last day of such preceding month, (i) except that the comptroller 6 shall.. pay to the state department of social services that amount of 7 overpayments of tax imposed by article twenty-two of this chapter and 8 the interest on such amount which is certified to the comptroller by the 9 commissioner as the amount to be credited against past-due support 10 pursuant to subdivision six of section one Hundred seventy-one-c of this 11 article, (ii) and except that the comptroller_ shall pay to tie New York 12 state higher education services corporation and the state university of 13 New York or the city university of New York respectively that amount of 14 overpayments of tax imposed by article twenty-two of this chapter and 15 the interest on such amount which is certified to the comptroller_ by the 16 commissioner as the amount to be credited against the amount of defaults 17 in repayment of guaranteed student loans and state university loans or 18 city university loans pursuant to subdivision five of section one 19 hundred seventy-one-d and subdivision six of section one hundred seven- 20 ty-one-e of this article, ( _;..i) and except further that, noLw7ithstandi_ng 21 any law, the comptroller shall credit to the revenue arrearage account, 22 pursuant to section ninety-one-a of the state finance law, that amount 23 of overpayment of tax imposed by article nine, nine-A, twenty-'two, thir- 24 ty, thirty-A, thirty-B or, thirty-three of this chapter, and any --interest 2.1 25 thereon, which is certified to the comptroller by the commissioner as 26 the amount to be credited against a past-due legally enforceable debt 27 owed to a state agency pursuant to paragraph (a) of subdivision six of 28 section one hundred seventy-one-f of this article, provided, however, he 29 shall credit to the special offset fiduciary account, pursuant to 30 section ninety-one-c of the state finance law, any such amount credi_ta- 31 ble as a liability as set forth in paragraph (b) of subdivision six of 32 section one hundred seventy-one-f_ of this article, (iv) and except 33 further that the comptroller shall pay to the city of New York that 34 amount of overpayment of tax imposed by article nine, nine-A, twenty- 35 two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any 36 interest thereon that is certified to the comptroller by the commission- 37 er as the amount to be credited against city of New York tax warrant 38 judgment debt pursuant to section one hundred seventy-one-1 of this 39 article, (v) and except further that the comptroller shall pay to a 40 non-obligated spouse that amount of overpayment of tax imposed by arti- 41 cle twenty-two of this chapter and the interest on such amount which has 42 been credited pursuant to section one hundred seventy-one-c, one hundred 43 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or 44 one hundred seventy-one-.1 of this article and which is certified to the 45 comptroller by the commissioner as the amount due such non-obligated 46 spouse pursuant to paragraph six of subsection (b) of section six 47 hundred fifty-one of this chapter; and (vi) the comptroller shall deduct 48 a like amount which the comptroller shall pay into the treasury to the 49 credit of the general fund from amounts subsequently payable to the 50 department of social services, the state university of New York, the 51 city university of New York, or the higher education services corpo- 52 ration, or the revenue arrearage account or special offset fiduciary 53 account pursuant to section ninety-one-a or ninety-one-c of the stage 54 finance law, as the case may be, whichever had been credited the amount 55 originally withheld from such overpayment, and (vii) w;_th respect to 56 amounts originally withheld from such overpayment pursuant to section S. 2009--C 117 A. 3009--C 1 one hundred sevenLy-one-l_ of this article and paid to the city of New 2 York, the comptroller shall collect a like amount from the city of New 3 York. 4 § 1.6. Subdivision 1 of section :171-a of the tax law, as amended by 5 section 54 of part A of chapter 59 of the laws of 2014, is amended to 6 read as follows: 7 1. All taxes, interest, penalties :and fees collected or received by 8 the commissioner or the commissioner's duly authorized agent under arti- 9 cies nine (except section one hundred eighty-two-a thereof and except as 10 otherwise provided in section two hundred five thereof) , nine-A, 11 twelve-A (except as otherwise provided in section two hundred eighty- 12 four_-d thereof) , thirteen, thirteen-A (except as otherwise provided in 13 section three hundred twelve thereof) , eighteen, nineteen, twenty 14 (except as otherwise provided in section four hundred eighty-two there- 15 of) , twenty-one, twenty-two, twenty-si_x, [twee 3-x—B;] twenty-eight 1.6 (except as otherwise provided ..-M section eleven hundred two or eleven 1.7 hundred three thereof) , twenty-eight-A, twenty-nine-B. thirty-one 1.8 (except as otherwise provided in section fourteen hundred twenty-one 1.9 thereof) , thirty-three and thirty-three-1� of this chapter shall be 20 deposited daily in one account with such responsible banks, banking 21 houses or trust companies as may be designated by the comptroller, to 22 the credit of the comptroller. Such an account may be established in one 23 or more of such depos_i..tories. Such deposits shall be sept separate and 24 apart from a1.1 other_ money in the possession of the comptroller . 'The 25 comptroller shall require adequate security from all such depositories. 26 Of the total revenue collected or received under such articles of this 27 chapter, the comptroller shall :retain in the comptroller ' s hands such 28 amount as the commissioner may determine to be necessary for refunds or 22 29 reimbursements under such articles of this chapter out of which amount 30 the comptroller shall pay any refunds or reimbursements to which taxpay- 31 ers shall be entitled under the provisions of such articles of this 32 chapter. The commissioner and the comptroller shall maintain a system of 33 accounts showing the amount of revenue collected or received from each 34 of the taxes imposed by such articles. The comptroller, after reserving 35 the amount to pay such refunds or reimbursements, shall, on or before 36 the tenth day of each month, pay into the state treasury to the credit 37 of the general fund all revenue deposited under this section during the 38 preceding calendar month and remaining to the comptroller's credit on 39 the last day of such preceding month, (i) except that the comptroller 40 shall pay to the state department of social services that amount of 41 overpayments of tax imposed by article twenty-two of this chapter and 42 the interest on such amount which is certified to the comptroller by the 43 commissioner as the amount to be credited against past-due support 44 pursuant to subdivision six of section one hundred seventy-one-c of this 45 article, (ii) and except that the comptroller shall pay to the New York 46 state higher education services corporation and the state university of 47 New York or the city university of New York respectively that amount of 48 overpayments of tax imposed by article twenty-two of this chapter and 49 the interest on such amount which is certified to the comptroller by the 50 commissioner as the amount to be credited against the amount of defaults 51 in repayment of guaranteed student loans and state university loans or 52 city university loans pursuant to subdivision five of section one 53 hundred seventy-one-d and subdivision six of section one hundred seven- 54 ty-one-e of this article, (iii) and except further that, notwithstanding 55 any law, the comptroller shall credit to the revenue arrearage account, 56 pursuant to section ninety-one-a of the state finance law, that amount S. 2009--C 118 A. 3009--C 1 of overpayment of tax imposed by article nine, nine-A, twenty-two, thir- 2 ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest 3 thereon, which is certified to the comptroller by the commissioner as 4 the amount to be credited against a past-due legally enforceable debt 5 owed to a state agency pursuant to paragraph (a) of subdivision six of 6 section one hundred seventy-one-f of this article, provided, however, he 7 shall credit to the special offset fiduciary account, pursuant to 8 section ninety-one-c of the state finance law, any such amount credita- 9 ble as a liability as set forth in paragraph (b) of subdivision six of 10 section one hundred seventy-one-f of this article, (iv) and except 11 further that the comptroller shall pay to the city of New York that 12 amount of overpayment of tax imposed by article nine, cline-A, twenty- 13 two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any 1.4 :interest thereon that is certified to the comptroller by the commission- 15 er as the amount to be credited against city of New York tax warrant 16 judgment debt pursuant to section one hundred seventy-one-1 of this 17 article, (v) and except further that the comptroller_ shall.. pay to a 18 non-obligated spouse that amount of overpayment of tax imposed by ar_ti- 19 cle twenty-two of this chapter and the :interest on such amount which has 20 been credited pursuant to section. one hundred seventy-one-c, one hundred 21 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or. 22 one hundred seventy-one-1 of this article and which is certified to the 23 comptroller by the commissioner as the amount due such non-obligated 24 spouse pursuant to paragraph six of subsection (b) of section six 25 hundred fifty-one of this chapter; and (vi) the comptroller shall deduct 26 a like amount which the comptroller shall pay into the treasury to the 27 credit of the general fund from amounts subsequently payable to the 28 department of social services, the state university of New York, the 29 city university of New York, or the higher education services corpo- 30 ration, or, the .revenue arrearage account or special. offset fiduciary 31 account pursuant to section ninety-one-a or ninety-one-c of the state 32 finance law, as the case may be, whichever had been credited the amount 2.3 33 originally withheld from such overpayment, and (vii) with respect to 34 amounts originally withheld from such overpayment pursuant to section 35 one hundred seventy-one-1 of this article and paid to the city of New 36 York, the comptroller shall collect a like amount from the city of New 37 York. 38 § 17. Paragraph 34 of subdivision (b) of section 1101 of the tax law, 39 as amended by section 1 of part WW of chapter 57 of the laws of 2010, is 40 amended to read as follows: 41 (34) Transportation service. The service of transporting, carrying or 42 conveying a person or persons by livery service; whether to a single 43 destination or to multiple destinations; and whether the compensation 44 paid by or on behalf of the passenger is based on mileage, trip, time 45 consumed or any other basis. A service that begins and ends in this 46 state is deemed intra-state even if it passes outside this state during 47 a portion of the trip. However, transportation service does not include 48 transportation of persons in connection with funerals. Transportation 49 service includes transport.ina, carrying, or conveying property of the 50 person being transported, whether owned by or in the care of such 51 person. Notwithstanding the foregoing, transportation service shall not 52 include a TNC prearranged trip, as that term is defined in article 53 forty-four-B of the vehicle and traffic law, that is subject to tax 54 under article twenty-nine_-B o£ this chapter. In addition to what is 55 included in the definition of "receipt." in paragraph three of this 56 subdivision, receipts from the sale of transportation service subject to S. 2009--C 119 A. 3009--C 1 tax include any handling, carrying, baggage, booking service, adminis- 2 trative, mark-up, additional, or other charge, of any nature, made in 3 conjunction with the transportation service. Livery service means 4 service provided by limousine, black car or other motor vehicle, with a 5 driver, but excluding (i) a taxicab, (ii) a bus, and (iii) , in a city of 6 one million or more in this state, an affiliated livery vehicle, and 7 excluding any scheduled public service. Limousine means a vehicle with a 8 seating capacity of up to, fourteen persons, excluding i_he driver. Black 9 car means a for-hire vehicle dispatched from a central facility. "Affil- 10 iated livery vehicle" means a for-hire motor vehicle with a seating 7.1 capacity of up to six persons, including the driver_, other than a black 12 car or Luxury limousine, tha'c is authorized and licensed by the taxi and 13 limousine commission of a city of one million or more to be dispatched 1_4 by a base station located in such a city and regulated by such taxi and 15 limousine commission.- and the charges for service provided by an affil- 16 fated livery vehicle are on the basis of flat rage, time, mileage, or 1'7 zones and not on a garage to garage basis. 24 WAFF : 48 Investigates: Uber driver background checks raise concerns Page 1 of 2 f, [MWAFF 'NAPE 48 News special Fea.tcll"es WAFF Investigates 48 Investigates: Liber driver background checks raise concerns Nick Lough Posted: 03/17/2016 10:00 PM S,t; tt;;C A. �r HUNTSVILLE, AL (WAFF)-Uber rolled into Huntsville with a lot of buzz earlier this month. But headlines across other Uber cities are now questioning the background checks done on its drivers.. One group even suggests it's a matter of time before an Uber driver commits a violent crime right here in Huntsville. Uber prides itself on its website as being the"easiest way to get around at the tap of a button." Over the last few weeks many across Huntsville have used the ride-share app to venture out or head home. While Huntsville Uber drivers have been cashing in on the new craze, Uber drivers in other cities are crashing into the headlines. "If you're going to use Uber, then be careful," said Dave Sutton. Sutton is the spokesperson for Who's Driving You?. The organization represents 1,000 transportation companies including taxi and limousine services. They're Uber's competition and Sutton doesn't shy away from that fact while explaining his organization tracks crimes committed by Uber drivers. „They're under cutting safety," said Sutton. According to his organization and media reports, the following all occurred in January of this year: An Uber driver was accused of sexually assaulting a female passenger while burglarizing her home in Athens, Georgia. An Uber driver in Phoenix, Arizona was arrested for sexually assaulting a 16-year-old passenger. In Los Angeles, a male passenger sued Uber for sexual assault and false imprisonment by a driver. In Massachusetts; an Uber driver plead not guilty to rape and assault charges. An Uber driver was charged with pulling a gun on passengers in Florida. A female passenger allegedly assaulted by an Uber driver in Cincinnati, Ohio. ?According to Sutton, it's just the tip of the iceberg and places the blame on how Uber drivers are screened. "Police should look at their background checks and should do so with finger print based criminal background checks. The company doesn't do that. They have private companies look at the driver's history and those private companies and those private background checks are missing things," said Sutton. } ., ,J- a`CIAl- 'I AW 1421 .rtnrt�otai11, 1 711TP7Y,,n 'l10017 W/\FF : 48Tuvesti \] Investigates: Pone 2n[2 uud�� r��G��0uu�zum _ `= We confirmed through Huntsville city leaders that Uberie conducting all background checks for its local drivers and the Huntsville Police Department has nOinvolvement. Th�GGDFr�noincn Su�onalso put s0n1eVfthe b|snlaof the screening process on8Cnrnpanycalled CheokR. company does vetting and background checks for Uber' dpogsib|yol| ofHun�sviUe'eUb�rdrivera. VVehave oonfirnnedthaCsvvhochecked arleast uo//'eu// |t � O0eVvay that government can. "<�henkR �eopd«�baoornp��i oon' |ookmtan individ�o|�s hi�ck ""'xin th�aaeornin8pindividual's hiatory." said GuUon' Th��8CVndth|ngtoKno»V |aUle' uneR �onon|yg� bGck�evh nsond | rnad*��U="' «| w�shoohed '' ooidUba'dh«erJe»amy "The�vo�night| actuaUydn�vatort�ny� hours mm ' \&eo0e[. Hecalled it an addiction. Wenger also works asanUbe/driver recruiter. H8V | Mh�to�ndne�dhx�rSiDth�Tanneo�aeV8Uey He�VGt|�VnohodthevxebgibaUbar uunn in . ) ' '- '- According to him, it is a third-party platform and he doesn't work for the corporate 0ffice. Veasked him about the recent reports and was quick b)defend the company and its background checks."It's not an Uberprob|e[n." said Wenger. ''|t'oa human Pn}b|am', yy8He had critical �ngerhookunoO � drivaonoundK8ur�eeoboroear||�rtN�woek after his Uber�hi�-VndChechsinto thingnhza�yuboutVVho'aOrivingY0uandth�irraqu�y�toUave law ~.v Ubardh«e's. thepolice U depa�nnentapay raise personally?Are they going tuhelp man that?Are they going to facilitate way to"S�apotheygoingb� i»c«aa»� help with their/aoponaibiUtiesnntop ofeverything they're doing right now?Three questions We -called UWho's OriVmgYnu to check on that self-proclaimed guarantee. Their spokesperson said Wenger isboth right and wrong. |dbafuDd�d �ypnooegaingfem� p�idbyUber According hothe organizmbon, pOUcechecks for Ubergnveronou . . the driver applicant, oracombination ofboth. The organization said they aren't going to help staff itbecause they're not the police. h with Ubertotnack Finally,] hevmaidmnuondin0bznapo�o` poUcehavespentagneotdea|ofUnoam�ennpting to vxgr vv down offending drivers. r� the company can't be reached easily by phone. Having an Ubardrive�s�ngerphnto and It's hard contact u|dgnaoUynaduoepuUoetinne�ndnesouroeaopeOt|oc�Ungtheof��ndingdrk/erifo criminal n|annry on file xvo harmful incident should occur. ) OnoannanaSudoncouldn't stress enough how concerned h e nabout aHuntsville rider getting attacked. "It's absolutely oticking time bomb." said Sutton. ��|entH*trueia�h�rnandet�ndoby\h��ompany Bu�VV�ng�reeidUb��ab��kgroun� ohmoke �nacertainlyaV � . "When mbackopoundcheck goes through iYslooking atyour history and not your future." said 8u#on. Hesaid people ~really don't need toworry the next time they tap that button. t fBns tontmxidriverevvhotook Afew days ago, anUberspokesperson told The Atlantic magazine ten pen:en o Uber'abackground'check failed. | | ema||otomnUberenop|oyeemttheir corporate office inSan Francisco. It's the w/ Since last aehvveve sent multiple same person we spoke to when Uber was gearing up for its Huntsville launch. But unlike a few weeks ago when they were starting up he hasn't returned any of those six emails. Uber does have a safety section on its website and lists some of the safety commitments they've made. Copyright 20Y6N<4FF All rights reserved. Report anError| Submit aTip tmVV/\FF4O Fe Crch Home Top ' & ��x ' �~ PV\w��dby �� Ir »*"'//" 8/,nnt,11t8(4xil htrn96/||=-tr/'e&ccontentuo{d=iZ23EIFZ&n... 5/1/2017 5/1/2017 Only on 7:Assault suspect drove for Uber while waiting for trial I WJLA ' WJLA(/) =45-80- WASHINGTON.D.C. AJS(/) TRAFFIC(/TRAFFIC) WEATHER(/WEATHER) SPORTS(/SPORTS) 7 ON YOUR SIDE(/FEATURES/7-ON-YOUR-SIDE) WAIFiUMRHS/E CAL -- iini��nrcr`,k4,L1,� 1:h�fd Tracking the potential for severe storms X 91 s ,, -.' Weather Blog `��* Live Doppler Full Forecast z F c >I a Former restaurant manager accused of attempted rape, later hired by Uber by Kevin Lewis/ABC7 Thursday,January 5th 2017 Former restaurant manager accused of attempted rape,later hired by Uber(ABC7) http://wj la.com/news/local/onl y-on-7-assaul t-suspect-drove-for-uber-whi I e-waiti ng-for-trial 1/6 5/1/2017 Only on 7:Assault suspect drove for Uber while waiting for trial WJLA 3),(JSP ZT f � c 3' l Y f X, Hwy (/news/local/gallery/only-on-7-assault-suspect-drove-for-uber-while-waiting-for- (/news/local/gallery/only-on-7-assault-suspect-drove-for-uber-while-waiting-for- trial#photo-1) trial#photo-2) rte, VIEW PHOTO GALLERY W 3 photos (/news/local/gallery/only-on-7-assault-suspect-drove-for-uber-while-waiting-for-trial) AA ¢ (mai lto:?su bject=A%201 in k%20for%20you5 http://wj la.com/news/local/only-on-7-assault-suspect-drove-for-uber-while-waiti ng-for-trial 2/6 5/1/2017 Only on 7:Assault suspect drove for Uber while waiting for trial I WJLA 5800 W&A TWITTER MAIL TRENDING NS(/) TRAFFIC(/TRAFFIC) WEATHER(/WEATHER) SPORTS(/SPORTS) 7 ON YOUR SIDE(/FEATURES/7-ON-YOUR-SIDE) WAMATUR13-VE + CAL (/N F W C("H A VWthV http://wjla.com/news/local/only-on-7-assault-suspect-drove-for-uber-while-waiting-for-trial 3/6 5/1/2017 Only on 7:Assault suspect drove for Uber while waiting for trial I WJLA f p = "!5'800 ' WgSHIN a TWITTER MAIL TRENDING NS V) TRAFFIC(/TRAFFIC) WEATHER(/WEATHER) SPORTS(/SPORTS) 7 ON YOUR SIDE(/FEATURES/7-ON-YOUR-SIDE) WAffAMR1331E ff CAL I/NFWGfHAKI�fh�� POTOMAC,Md.(ABC7)-A former restaurant manager accused of trying to rape one of his female employees,was driving for Uber until ABC7 notified the rideshare app about his pending case. Cesar Leon,40,of the 11900 block of Andrew Street in Silver Spring,is facing charges of attempted second-degree rape,false imprisonment and second-degree assault. ADVERTISING According to Montgomery County District Court records,Leon worked as a manager at the California Tortilla located in the Cabin John strip mall along Tuckerman Lane in Potomac.On Halloween,around 6:45 a.m.,Leon allegedly made sexual comments towards a 51-year- old female employee.They were the only two in the quick service restaurant,prepping food and cleaning ahead of the establishment's 10:30 a.m.open. While the woman worked in the customer seating area,Leon allegedly dragged her towards the bathrooms.Police say a struggle ensued, during which,Leon lifted the woman's shirt,touched her breasts,tried to remove her pants and then pushed her towards the ground.The http://wjla.com/news/local/only-ori-7-assault-suspect-drove-for-uber-while-waiting-for-trial 4/6 5/1/2017 Only on 7:Assault suspect drove for Uber while waiting for trial I WJLA mpg I pf dly stated that he wanted,"to Flake love to her."In what can be d(scribed as good timing,a fellow employee el} r o x (/) - exwam od chain,giving the woman tWdfJ°ility to flee from Leon's firm gri�9"'� TRENDING NS(/) TRAFFIC(/TRAFFIC) WEATHER(/WEATHER) SPORTS(/SPORTS) 7 ON YOUR SIDE(/FEATURES/7-ON-YOUR-SIDE) WAffAUUME%/E CAL Ives interviewed the victim who stated she,"feared the worst:'Investigators photographed bruises on the wortrat�"Fmu scratches on her stomach.The victim showed police text messages and played a voicemail in which Leon profusely apologized for his actions.She'd also sent a text message to a friend before the assault,writing,"I'm frightened that he may do something to me,come soon., / 6AFNR1$QH THIS Wks 3 S yy_ 1 x, �r 3 Kevin Lewis Follow @ABC7Kevin Cops say 40yo Cesar Leon dragged woman to restaurant bathroom saying he wanted to,"make love."Security cameras caught impulsive incident. 5:31 PM-5 Jan 2017 6 Perhaps the most damning evidence-restaurant surveillance video,police say,shows Leon"bear hug"and pull the woman towards the bathroom hallway.Minutes later,the woman re-appeared,running towards the front door-her hair disheveled.Leon,however,blocked her from leaving,led her to a table,grabbed her by the face and hands,and tried to bear hug her again,police add.That's right around when the third employee arrived for their shift. Bob Phillips,president of California Tortilla,says the quick service food company fired Leon"immediately"after allegations of impropriety came to light.Phillips believed Leon had been employed with the company for about five years. In effort to make ends meet,Leon applied to be an Uber driver.The rideshare app approved his application in early to mid-December. Police then filed criminal charges against the restaurant manager,turned chauffer,on December 28. ABC7 contacted Uber on January 5,in reference to Leon's pending attempted rape case.By close of business that same day,the company confirmed Leon no longer had access to the driver platform.In total,he transported passengers in the DC-region for around three weeks. http://wj Ia.com/news/local/onl y-on-7-assaul t-suspect-drove-for-uber-whit e-waiting-for-trial 5/6 5/1/2017 Only on 7:Assault suspect drove for Uber while waiting for trial WJLA � WASHON KBWkqI4is MIL Follow TRENDING @ABC7Kevin .............................. NS(/) TRAFFIC(/TRAFFIC) WEATHER(/WEATHER) SPORTS(/SPORTS) 7 ON YOUR SIDE(/FEATURES/7-ON-YOUR-SIDE) WAIMAMURBS/E CAL Leon started with Uber three weeks ago.Today we informed the i/N F w e r H A rideshare app about his pending attempted rape case.Uber has fired him. 5:36 PM-5 Jan 2017 4 3 Uber contends that although it performed a background check on Leon,nothing populated because Montgomery County authorities did not file charges until roughly two weeks after Leon had been hired.To prevent missing post-hire criminal accusations and convictions such as this,Uber says it performs annual background checks on all of its drivers within D.C.,Maryland and Virginia.But,as in this case,that technique is not foolproof. "Oh my God,"Uber customer Mary Kennedy exclaimed.""Obviously he's got issues controlling himself,and who's to say it's going to stop when he's driving an Uber with a woman all to himself?" RK UB R Kevin Lewis Fallow ' @ABMevin California Tortilla fires manager who allegedly tried to rape female employee at Potomac store.40yo man then applied to Uber and was hired. 5:28 PM-5 Jan 2017 61 10 Leon,a native of Mexico,lives in a duplex with his wife and four children.He's resided in the property for 14 years.According to Maryland Judiciary Case Search,Montgomery County Police charged him with DUI in January 2012.Prosecutors,however,dropped the case.No other criminal charges or serious traffic citations were listed on the state database. "He'd say,'hello'here and there,maybe waive every now and then,"Leon's next-door-neighbor,Roberto Ramos,said."I'm glad there was surveillance there,and she wasn't afraid to go to the police.It's just very scary." When ABC7 reached Leon by telephone Thursday,he stated that he enjoyed driving for Uber,but wouldn't discuss the pending attempted rape accusations.He directed all questions to his attorney,and simultaneously refused to share his attorney's name or phone number. Leon is currently out on bond.He will return to Montgomery County District Court in Rockville on January 27,at 10 a.m.for a preliminary http://wjla.com/news/local/only-on-7-assault-suspect-drove-for-uber-while-waiting-for-trial 6/6 5/1/2017 Uber driver in Orange County charged with raping his passenger-LA Times Uber driver in Orange County charged with raping his passenger aa. a c iM Angel Sanchez,36,was charged Tuesday with a felony count of rape of an intoxicated woman.(Orange County district attorney's office) r By Matt lla -nilton APRIL. 26, 2017; 5:15 PM n Uber driver in Orange County has been charged with raping a passenger who was riding home from a work-related event, authorities said. The alleged rape occurred March 30, when Angel Sanchez, 36, picked up a woman at a company gathering in Newport Beach, according to the Orange County district attorney's office. The Uber ride was requested by colleagues of the woman, who was under the influence of alcohol at the time, prosecutors said. Sanchez drove the woman near her home in Santa Ana and sexually assaulted her in his 2016 Toyota Sienna, prosecutors alleged, htti)://www.1ati m es.com/local/Ianow/I a-m e-I n-uber-oc-charged-20170426-story.htm 1 1/2 5/1/2017 Uber driver in Orange County charged with raping his passenger-LA Times The woman fled Sanchez's vehicle and called 911. Police arrested Sanchez, a resident of Costa Mesa, on April 1. He was formally charged Tuesday with a felony count of raping an intoxicated victim. If convicted, Sanchez faces up to eight years in state prison. He is scheduled to be arraigned May 1 in Santa Ana. Uber spokeswoman Tracey Breeden said the company assisted law enforcement with the investigation. "Nobody should have to go through what this woman reported to police," Breeden added. An attorney for Sanchez could not be reached for comment. matt.hamilton@latimes.com Twitter: @MattHiourno ALSO Uber hires Eric Holder to investigate sexual harassment claims Uber could face $m-million state fine for failing to investigate drivers accused of being intoxicated Uber driver is shot to death while ferrying San Diego State students in Rosarito Beach, Mexico UPDATES: 5:15 p.m.: This article was updated with comments from Uber spokeswoman Tracey Breeden. This article was originally published at 4:40 Am. Copyright G 2017,Los Angeles Tines This article is related to: Sexual Misconduct, Crime httn//www.latimes.com/local/lanow/la-me-In-uber-oc-charged-20170426-story.htm1 212 5/1/`2017 Uber driver in Orange County charged with raping his passenger-LA Times Uber driver in Orange County charged with raping his passenger 10 G z r�� I wi�3,.,�'�- ,, ��r��. ✓�� -�� s�« r�� III N Angel Sanchez,36,was charged Tuesday with a felony count of rape of an intoxicated woman.(Orange County district attorney's office) ti-MattHatiiton APRIL 26, 2017; 5:15 PIVI n Uber driver in Orange County has been charged with raping a passenger who was riding home from a work-related event, authorities said. The alleged rape occurred March 30, when Angel Sanchez, 36, picked up a woman at a company gathering in Newport Beach, according to the Orange County district attorney's office. The Uber ride was requested by colleagues of the woman, who was under the influence of alcohol at the time, prosecutors said. Sanchez drove the woman near her home in Santa Ana and sexually assaulted her in his 2016 Toyota Sienna, prosecutors alleged. http://www.1 atim es.com/local/lanow/I a-m e-I n-uber-oc-charged-20170426-story.htm 1 1/2 5/1/2017 Uber driver in Orange County charged with raping his passenger-IA Times The woman fled Sanchez's vehicle and called 911. Police arrested Sanchez, a resident of Costa Mesa, on April 1. He was formally charged Tuesday with a felony count of raping an intoxicated victim. If convicted, Sanchez faces up to eight years in state prison. He is scheduled to be arraigned May 1 in Santa Ana. Uber spokeswoman Tracey Breeden said the company assisted law enforcement with the investigation. "Nobody should have to go through what this woman reported to police," Breeden added. An attorney for Sanchez could not be reached for comment. matt.hamilton@latimes.com Twitter: @MattHjonrn.o ALSO Uber hires Eric Holder to investigate sexual harassment claims Uber could face $1.i-niillion state fine for failing to investigate drivers accessed of being intoxicated Uber driver is shot to death while ferrying San Diego State students in Rosarito Beach, Mexico UPDATES: 5:15 p.m.: This article was updated with comments from Uber spokeswoman Tracey Breeden. This article was originally published at 4:40 p.m. Copyright(D,2017,Los Angeles Times This article is related to: Sexual Misconduct, gime httn-//www.I ati m es.com/I ocal/I anow/1 a-m c—I n-uber-oc-charged-20170426-story.htm 1 2/2 5/1!2017 North Suburban Man Impersonating Uber Driver Sexually Assaulted 2 Women:Police I NBC Chicago QPMNews ?' «' Sr=oris tirttl;ir e.]the ChicagoBasc!ball North Suburban Man Impersonating Uber Driver Sexually Assaulted 2 Women: Police r 0 • Glossier Showroom it r• • TRENDING STORIES Top Cop's SUV Broken Into !.f Over Weekend:Police A north suburban man charged with sexually assaulting two women he picked up while posing as an Uber driver was denied bond Tuesday,accord to the Skokie Police Department.Trina Orlando — paramedic Shot in Dallas; reports. {Published Wednesday,March 22,2017} Massive Police Response �� (, s t � Chicago Flight Makes r Emergency Landing at DuPage Airport m g Y grin 5haf to Death tt_issing T<3 idler iom of Child Found missing Giri Cir a lh illint.eUonaids DriveF Found De,;Ad irr.hzlld D a:i in Joliet t +nrs Trr„t .j u� Chicagtis Oldest Bar Serves Its Last rhru,'after Nonka'd Torm"hi{a t<��<:rrsi�ip Thanks Stdspicious;lautopsY Drink:Reports Horn Leads... C;csrnr�=;anity in.. >i7m:-rs._ Four Reasons Why You Need a A north suburban man charged with sexually assaulting two women he picked up Sump Pump This Spring while posing as an Uber driver was denied nand Tuesday,accord to the Skokie Police Department. WEATHER FORECAST wEA'rHEf2 Af.Eli CS Chicago, IL O 5 6 Overcast Feels Ui,c,5e pis of r Rad3t Forecast A'aps _.„.,..„., n„w: n nr ret_C„h,mhnn_hA�n_trnrarcnnatinn llhor-nrivp.r«SnXtrally-ASfiaillted-2-Women-Police-4167CSJH3.htm) 114 5/1/2017 North Suburban Man Impersonating Uber Driver Sexually Assaulted 2 Women:Police I NBC Chicago WHAT DO YOU THINK? Did you watch the White House Correspondents'Dinner? Yes No 1 don't know what this is P�i:ccy F4ah,:y Musaab Afandi, 33,of the 2800 block of Pualine Avenue,Glenview,was charged Monday with aggravated criminal sexual assault and aggravated kidnapping, police said in a news release. Skokie police responded to 911 calls from unrelated female callers on Feb. 12 and March 19 saying they had been sexually assaulted by a man impersonating a rideshare driver,according to police. NEWSLETTERS Police said the victims told there they were picked up outside two different Chicago fetest loci,updates in:your ini,ox liars after ordering Ubers,driven to an undetermined location in Skokie and sexually assaulted in the vehicle, Priya:yr.oGrylMora;Jezl�lotters The victims were able to give police information that lead to the identification of Afandi, police said. Uber confirmed Afandi was not one of its drivers. Afandi is due back in court April 1.1. Published at 5:57 PM CDT on Mar 21,2017 1 Updated at 12:13 AM CDT on Mar 22,2017 Get the latest from NBC Chicago anywhere,anytime Download the App Follow NBC Chicago v Available for los and Android ,You May Like Promoted Links by Taboola We Tried Bombas Socks.Here`s What Happened: ?3usir-.ess Insider I Bo3nbas Sacks Watch:1 Market Trick Now Trump is President -mance tif�otllclrl("or Vibali[,V&oaharma 9 Most Noticeable Signs of Prediabetes Mr.HeaRhy Girl Scalped on Carnival Ride:'My Scars Don't Define Me' Supt.Johnson's Son a Match for Kidney Donation Iter-Driver-Sexually-Assaulted-2-Women-Police-416765983.html 214 5/8/2117 Uber Faces Justice Department Investigation I Fortune.corn LIBER Uber Is Under Investigation By the justice Department Reuters May 04,2017 The U.S. Department of justice has begun a criminal investigation into Uber Technologies's use of a software tool that helped its drivers evade local transportation regulators, two sources familiar with the situation said. Uber has acknowledged the software, known as "Greyball," helped it identify and circumvent government officials who were trying to clamp down on Uber in areas where its b service had not yet been approved, such as Portland, Oregon. The company prohibited the use of Greyball for this purpose shortly after the New York Time. revealed its existence in March, saying the program was created to check ride requests to prevent fraud and safeguard drivers. The Times report triggered a barrage of negative publicity for the company. The criminal probe could become a significant problem facing the company that is already struggling with an array of recent business and legal issues. For more about Uber, watch: An Uber spokesman and the justice Department declined to comment. Uber lawyers said in letters to Portland authorities, which Portland made public in a report last week, that the Greyball technology was used "exceedingly sparingly" in that city, before the service was approved there in 2015. The nature of any potential federal criminal violation, and the likelihood of anyone being charged, is unclear. The investigation is still in its early stages, the sources said. Bloomberg news service reported the existence of a federal probe last week, but did not identify it as criminal. Agressive Startup http://fortune.com/2017/05/04/uber-federal-criminal-investigation/ 1/3 5/8/2.D17 Uber Faces Justice Department Investigation I Fortune.com Uber received a subpoena from a Northern California grand jury seeking documents concerning how the software tool functioned and where it was deployed, one person familiar with the request said. That indicates a criminal investigation is underway. The second source confirmed that was the case. A subpoena from a grand jury is a formal request for documents or testimony concerning a potential crime. it does not, in itself, indicate wrongdoing or mean charges will be brought. The ride services company's board has retained an outside law firm, Shearman & Sterling, to conduct its own internal investigation into what transpired, those two sources and a third said. Get Data Sheet, Fortune's technology newsletter A Shearman spokeswoman did not return a message seeking comment. Uber, a venture capital-backed firm most recently valued at $68 billion, has long had a reputation as an aggressive startup. It has been battered with multiple controversies over the last few months that have raised questions about CEO Travis Kalanick and led him to say he needed "leadership help." Mining Credit Card Info The technology at issue in the criminal probe helped Uber tag some users so that they saw a different version of its standard app, the company said in a blog post in March. Uber said Greyball obscured the real location of Uber cars in various circumstances, including the possibility of physical threats or merely to test new features. The program was part of a broader Uber system, called Violation of Terms of Service, that analyzed credit card, device identification, location data and other factors to predict whether a request for a ride was legitimate, current and former employees said. The technology was used partly to prevent fraud and protect drivers from harm, the company blog post said. If a ride request was deemed illegitimate, Uber's app showed bogus information and the requester would not be picked up, the employees told Reuters. http://fortune.comJ2017J05/04/uber-federal-cr i m i nal-i nvestigati on/ 2/3 5/8/2.017 Uber Faces Justice Department Investigation I Fortune.com However, the Greyball technique was also used against suspected local officials who could have been looking to fine drivers, impound cars or otherwise prevent Uber from operating, the employees said. The system might have gone farther than suggested by Uber's terms of service for app users. For example, it mined credit card information to see if the owner was affiliated with a credit union used by police and checked social media profiles to assess the likelihood that the person was in law enforcement. After the Times exposed the program in March, regulators who had been unable to catch Uber in places where it was banned accused the company of obstructing their inquiries. Transportation officials in Portland investigated and reported last week that Uber had used Greyball to evade 16 Portland Bureau of Transportation officials, denying them dozens of rides, in December 2014 before Uber was authorized to operate there. The city said it found no evidence that the behavior was repeated when Uber re-entered the market in April 2015. Uber said it used the Greyball technology in December 2014, while it was operating without approval, because it was "deeply concerned that its driver-partners would be penalized financially" or otherwise for their driving. http://fortune.com/2017/05/04/uber-federal-criminal-investigation/ 3/3 Nassau &Suffolk Taxi Owners Association RECEIVED PO Box 6 Franklin Square, NY 11010 JUN 1 2017 Southold Town Clerk May 26, 2017 Town Clerk Elizabeth A. Neville Town of Southold 53095 Main Road Southold, NY 11971 Dear Town Clerk Elizabeth A. Neville, Enclosed are the recent updates in regards to the negative impacts of TNC's, (app based transportation companies). Don't let this happen to the residents of Nassau and Suffolk Counties. Please read the enclosed articles. 1. TNC's cheating their drivers. 2. Do we need TNC's price gouging our residents of Nassau and Suffolk County with their software that gouges passengers?They have done this in many other cities including New York City. 3. County residents risking potential terrorist activity,with no governmental fingerprint background checks. 4. Massachusetts and Maryland allowing convicted felons,sex offenders and the like, become TNC drivers because of no vetting and governmental fingerprinted background checks. 5. TNC companies deceiving the riding public with software that charges a higher fare to the public than they should be. Let your voices be heard. Be in favor of an opt out to protect the riding public of Nassau and Suffolk County. Sincerely, Lawrence Blessinger Jr. President 516-326-9090 Ext.333 5;24P2017 Uber to Repay Millions to Drivers,Who Could Be Owed Far More-The New York Times jewVio- -16 https://nyti.MS/2gTtCV1 ECONOMY Uber to Repay billions to Drivers, Who could. Be Owed Far More By NORM SCHEIBER MAY 23, 2017 Uber said Tuesday that it had made a mistake in the way it calculated its commissions, at a cost of tens of millions of dollars to its New York drivers, and the company vowed to correct the practice and make the drivers whole for the lost earnings. The ride-hailing service said it had been taking its cut from a figure including state taxes, rather than a pretax fare. If a passenger handed over $2o, and $2 of that represented taxes, Uber's commission was a percentage of the full $20, not of$18, as it should have been. Even at pocket change per ride, the cumulative difference was vast. ,,We.are committed to paying every driver every penny they are owed — plus interest— as quickly as possible," Rachel Holt, the company's regional general manager for the United States and Canada, said in a statement. But Uber's handling of passenger payments raises questions about a larger legal issue, potentially far more substantial: not the pocket-change difference in the romrnission hit whether that Pntire .0 in taxes is imnronerly onming ont of the 9 Get firsthand reporting on every subject. The Time Subscriber login ARTICLES REMAINING 50% off for one year. https//www.nytimes com/2017/05/23/business/economy/uber-drivers-tax.html'?_r=0 1/5 524%2017 Uber to Repay Millions to Drivers,Who Could Be Owed Far More-The New York Times Uber's contract with drivers appears to allow the company to deduct only its 25 percent commission, not taxes, from their fares. But a lawsuit filed by a drivers' advocacy group in New York last year said the company was making its drivers swallow the tax burden— a practice the group said amounted to wage theft. Documents examined by The New York Times also point to such a practice, which could have cost drivers hundreds of millions of dollars. The questions arise as Uber is facing mounting pressure over what drivers say is declining take-home pay, epitomized this year by a viral video of an argument between a driver and the company's chief executive, Travis Kalanick. Bhairavi Desai, executive director of the advocacy group, the New York Taxi Workers Alliance, said that "from the beginning, Uber built its business model on the assumption that `we hate taxes,"' and that it had long "passed this tax on to drivers." In response to Uber's acknowledgment of error on Tuesday, the advocacy group said in a statement that "Uber hasn't just wrongly calculated its commission; it has been unlawfully taking the cost of sales tax and an injured-worker surcharge right out of driver pay." Other jurisdictions, like Rhode Island and Massachusetts, also levy taxes or fees on ride-hailing services, but it is not clear how Uber collects those taxes. In New York, the company must reckon with a state sales tax of nearly g percent per ride, as well as a2.5 percent"black car fund" surcharge to cover workers' compensation and death benefits. Under New York state laws and tax regulations, the charges are supposed to be paid by passengers, meaning they are to be assessed on top of the fares. But trip receipts have long suggested that Uber deducts the amount from the drivers'portion instead. The receipts have typically depicted an overall fare amount, from which the company subtracted an "Uber fee" (essentially its commission), the sales tax and the 9 Get firsthand reporting on every subject. The Time S�_E NAY O�-119 NS Subscriber login ARTICLES REMAINING 50 off for one year. https./Iwww.nybmes.com/2017/05/23/business/economy/uber-drivers-tax.html?r=0 215 5/24/2017 Uber to Repay Millions to Drivers,Who Could Be Owed Far More-The New York Times The collection method dates to at least 2014, and possibly to 2012, when Uber began operating in New York, and has affected tens of thousands of drivers. Uber has denied that it is deducting the levies from drivers'pay. "We calculate and have calculated sales tax and black-car fund correctly," a company spokesman, Josh Gold, said in an emailed statement. In early May, when The Times initially asked about the deductions, an Uber official made available by the company said the sales tax and black-car surcharge were incorporated into the passenger's overall fare and then subtracted from the drivers'take so that Uber could remit the money to the state. This, the official said, meant the passenger was actually paying the charges even though they appeared to be coming from the drivers. The official compared the practice to selling a slice of pizza for $1 with tax included,but acknowledged that it was confusing. The explanation appeared contrary to Uber's contract, which as of last week defined the fare as the base plus a rate for each mile and minute —the definition snakes no mention of a tax. The explanation also appears to be at odds with Uber's trip receipts. New York assesses sales tax only on rides that begin and end in the state, not rides beginning in New York and ending in other states. But Uber has calculated the fare for both types of rides the same way, suggesting that — contrary to the pizza example —there is no tax included in the fare the passenger pays. For example, a driver's receipt from Aug. 14, 2016, for a trip from Roslyn, N.Y., to Manhattan showed Uber charging a $7 base fare plus 65 cents per minute and $3.75 per mile —the rate for Uber Black, the company's higher-end service. A second receipt from Aug. 3, 2016, for an Uber Black trip from Manhattan to Old Greenwich, Conn., showed identical rates, even though no sales tax would have been assessed. 9 Get firsthand reporting on every subject. The Time! 5EE N1Y(,PT!0N5 Subscriber login ARTICLREMAINING 50% off for one year. https-//www nytimes.com/2017/05/23/business/economy/uber-drivers-tax.html?_r=0 3/5 4 5124/2017 Uber to Repay Millions to Drivers,Who Could Be Owed Far More-The New York Times (Both trips were subject to the black-car surcharge, which applies regardless of destination.) The Uber official, in an interview on Tuesday, maintained that the tax was included in its fares and said the driver simply got a bonus on trips to Connecticut because the state assesses no tax on those trips. At least one of Uber's competitors in New York State, Lyft, appears to deduct the sales tax from drivers' earnings as well.A Lyft driver's receipt from July 24, 2016, depicts an overall fare of$16.34 and two deductions labeled "Ride Surcharge From Driver" that precisely equal the black-car surcharge and the sales tax amounts. Lyft could be including the tax in the original fare it charges to passengers — there appears to be less evidence to contradict this claim than there is with Uber.A Lyft spokesman declined to comment on the issue. The New York attorney general's office and a spokesman for Gov.Andrew M. Cuomo did not respond to requests for comment on whether the practices of ride- hailing services on drivers'pay might violate state regulations. Richard Emery, a New York lawyer who litigated a case in 2009 involving an issue similar to the one raised by the Taxi Workers Alliance, said state authorities might be reluctant to pursue the case because the state does not appear to have been cheated out of tax revenue. But he said drivers could have a solid claim that Uber had misrepresented the way they were being compensated. F If a judge ruled on behalf of drivers in the complaint filed by the alliance, drivers could be awarded up to double the amount of the wage deductions, if the drivers were deemed to be employees rather than independent contractors. The judge could also award damages to drivers if Uber violated its own contract, which would not depend on their employee status. Uber has dispatched more than 125 million rides in New York City since the beginning of 2015, according to data from the Taxi and Limousine Commission. If 9 Get firsthand reporting on every subject. The Time, 3F= ,'y cffi0INS Subscriber login ARTICLES REMAINING 50 off for one year. https//www.nytimes.com/2017/05/23/business/economy/uber-drivers-tax.html? r=0 4/5 5/24/2017 Uber to Repay Millions to Drivers,Who Could Be Owed Far More-The New York Times o deducted the charges from drivers on each trip, the amount of the improper deductions would be more than $200 million. In New York, Uber is well versed in the ins and outs of the sales tax, having lobbied the State Legislature to roll it back. Last year, the company reached a deal in which the regional branch of a union, the International Association of Machinists and Aerospace Workers, agreed to help the company persuade the Legislature to scale back the tax. In exchange, Uber agreed to devote any tax savings to increasing wages and benefits for drivers. "They have an army of lawyers actively lobbying in Albany for the repeal of this specific tax,"the Taxi Workers Alliance said in a statement. "That would imply a pretty intimate knowledge of the obligations of this tax." A version of this article appears in print on May 24, 2017, on Page B1 of the New York edition with the headline: Uber, Admitting Error, Will Pay Millions to Drivers, Who Could Be Owed More. ©2017 The New York Times Company 9 Get firsthand reporting on every subject. The Time Subscriber login ARTICLREMAINING 50% off for one year. https://www.nytimes.com/2017/05/23/business/economy/uber-drivers-tax html'?_r=0 515 4 Uber Admits To Manipulating Fares And Prices In an interview meant to explain the appearance of a fare manipulation scheme, Uber makes it worse by disclosing they charge some riders more than others. Joe Kukura (http://www.sfweel<ly.com/author/ml<ukura/) / Mon May 22nd, 2017 2:12pm / NEWS (HTTP://WWW.SFWEEKLY.COM/NEWS/) Top Stories(htto://www.sfweekly.com/tor)stories/) f 16 B Q UP W 011, � � :;- :may`' _ _`::.., :,u •"":;:,�;�;,^ ��- of '.:^° IR �"'`:, s.. tr "`,. k5,"^ a. `.t,'�,.,x'^gs„";',c �, v,nr "'�" .. a92•' r x", e•,,, u.`!-'zr' 6 :k�yy. ., y>,=%"�.,"•• � gyp. . ,;.x. 4 WN, ' �.y�q_'"aa'ci e'r ,� `,r.y:,.• .�cPG' � ¢J... �.y;...«; :.�V',�a t:,r';'� - wt3. �•.q.,"r�',;�.ro:. ,£^io;%r4^,r, :w\j �.y` "t;.:`::�. "ySarx.:m,x £:. _rt•': ';ta,� ,£3t _'^ `:',�f .'•,..�: .Win...fru. ;,'� a, ,Q:§R:" :.r:�:.: 't,« 3;., `?` :` .arm .'i-W � Y 'S`mt. r"xn'}'r'}�„�'^^.� `.f ntgt3. i4z�' f' -.J r,. 5 "" - y',. ,w v',,r, `° "`,�p..;>;z}�«' �r°'�R':k.a'�°� '� "s"g .• ^„�a=��' ,'� �y'�:':=s5,.:jr:Y ��f ��"x6 m� oyY,,` N:R,�i`;.t3� d,t��" °< '��" `'i:%.:,:.�iG;:� - ..2`- diY.i:l i� ��'"�eiris':;'.F<,�.«j•„` 'pr �J b1��z..,-Y�A, ;moi i•}�y..�5 ,� '.�'.'�R�,�� Xv,aV' _�',Y,„ N :`*'a+ai}.�"�' •�k':: a.iY " '.S,�a� � e,d,.�@y,..a" ,.h,'<:X.;.�x,.,>��t�.. e ti Jessica Christian, SFExaminer San Francisco had one of our standard Uber-hating hissy fits back in April of this year when Uber was served a lawsuit claiming that claimed Uber engaged in a scammy fare manipulation scheme (http://www.sfweekly.com/news/uber-sued-again-in- another-price-gouging-scheme/)that showed riders higher fares than drivers, with Uber underpaying their drivers and pocketing the difference. Now, an Uber executive has completely admitted to this on the record (http://www.sfexaminer.com/uber- admits-charged-riders-drivers-saw/) in an interview with Bloomberg, explaining that it's all part of Uber's new"route-based pricing" model that in some ways sounds even shadier than the alleged fare manipulation scheme. In words that ought to win the Pulitzer Prize For Truth In An Individual Sentence, Bloomberg Technologys Eric Newcomer writes (https://www.bloomberg.com/news/articles/2017-05-19/uber-s-future-may-rely-on- predicting-how-much-you-re-willing-to-pay)that"After months of unsatisfying answers, Uber Technologies Inc. is providing an explanation: It's charging some passengers more because it needs the extra cash." In speaking with Uber's head of product Daniel Graf explained that not all riders were being charged a different fare than the driver was being shown — only riders on higher demand routes were getting the increased fare. Route-based pricing is sort of like another algorithmic version of Uber's surge pricing (http://www.sfweekly.com/news/sf-has-more-surge-pricing-than-nyc-and-other- findings-from-a-new-uber-study/), except the price spikes are applied to areas with higher demand and where riders might be willing to pay more. The Bloomberginterview, rather understandably, elicited a response that Uber was targeting wealthier patrons and charging them more, and that rides in wealthier neighborhoods were being made more expensive. Uber quickly issued a statement to several media organizations attempting to clarify the matter. 4 1 "We price routes differently based on our understanding of riders' choices so we can serve more people in more places at fares they can afford," Uber said in a statement to the San Francisco Examiner. In his Bloomberg interview, Graf does not deny that Uber showed different rates to drives and riders for the exact same rides. He's also pretty clear that Uber is indeed pocketing the difference. That may help Uber in its attempt to stop racking up $3 billion a year in losses (https://www.bloomberg.com/news/articles/2017-04- 14/embattled-uber-reports-strong-sales-growth-as-losses-continue), as it did in 2016. But it probably won't help them in the class action lawsuit that alleges riders and drivers were shown different fares, because Uber has completely admitted they were doing this. From Around The Web Ads byAdblade(//www adblade.com) x i4y I - miyh- :// ivl . m/1,0-cleaning- ://www.di(http://www.digestmd.com/store4.1 s (http. act y co (http g store4.1 keep-these-details-hidden-for-a- hacks-that-will-clean-your-car- ad=851148) good-reason/? better-and-faster-than-you-ever- 5 Common Foods Surgeons Are utm source=adblade&utm mediu have/? Now Calling "Fatal Foods" (http://www.digestmd.com/stor( Why There Are No Amish utm_source=adblade&utm_mediu ad=851148) People That Are Single 30 Car Cleaning Hacks From (http://activly.com/the-amish- Industry Insiders keep-these-details-hidden-for- (http://activly.com/10-cleaning- a-good-reason/? hacks-that-will-clean-your-car- better-and-faster-than-you- A '" meri ra e ��' Win• �i ! � � � �� a" 5/24/2017 FBI arrests Brooklyn man whojoined ISIS,hoped to attack NYC-NY Daily News FBI arrests Brooklyn man who joined ISIS, hoped to attack NYC BY JOHN MARZULLI NEW YORK DAILY NEWS Updated.Monday,November 21,2016,5:10 PM Z 14 ? -0 .A, 0 fp_i T. New York City police officers stand guard at Times Square.(JUSTIN SULLIVAN/GE—iry IMAGES) An Uber cab driver from Brooklyn was arrested Monday on federal charges that he allegedly traveled to Turkey and Yemen last year to join ISIS and expressed support for a Nice-style attack with a garbage truck in Times Square,authorities said. Mohamed Rafik Naji,37,revealed his support of the terrorist organization on his Facebook page,including a photo of an ISIS flag,videos of jihadists engaged in fighting,and a YouTube link of an ISIS spokesman exhorting attacks on Western targets, according to court papers. Last summer,Naji allegedly expressed support to an informant for carrying out a deadly attack in Times Square with a garbage truck crushing pedestrian just like the ISIS truck attack in Nice,France in July. "They(ISIS)want an operation in Times Square,"Naji told the informant on July 19. http//www.nydai I ynews.com/news/nafi onallfbi-arrests-brookl yn-m an-j oi ned-i si s-hoped-attack-nyc-arti cl a-1.2882425 1/3 5/24/2017 FBI arrests Brooklyn man who joined ISIS,hoped to attack NYC-NY Daily News "They want an operation in Times Square,reconnaissance groups already put out a scene,the Islamic State already put up scenes of Times Square...I said that turas an indication for whoever is smart to know." Gov.Cuomo said in a statement that New Yorkers"must remain vigilant in the face of hate and intolerance"and noted that authorities do not have any specific terrorist threat at the present time. Defense lawyer Susan Kellman cautioned against jumping to conclusions about the Times Square comments attributed to Naji. "We don't know if he actually said those words if or if they were fed to him by the confidential source,"Kellman said. Previously,Naji had been persistent in his efforts to join ISIS,Brooklyn U.S.Attorney Robert Capers pointed out.Na)i apparently made it to the ISIS battlefield in his Yemeni homeland. He allegedly emailed his wife from Yemen in March 2015 that"it's very hard to get in I'm on my 5(sic)try...keep trying if not in have to go from somewhere else." Naji sent the wife another email from Yemen on April 21,2015 with the subject line, "First day on the job,"and a video attached in which gunfire could be heard,according to the complaint unsealed in Brooklyn Federal Court. The unidentified wife was also wiring thousands of dollars to Naji to support his adventure. j a:, tB N• lO�, r .sen r^'cYp�jvi., M1• yr"'�„�,�ij°�.'.�' i'.°n' a ,?fir v''•sitii ,. ''Y �), �'" g f u, �i 5�°f(r 4tj 9'`,: �1 1. f(�' r ,-`;'i ,` ,S;, r.'. 'i;^''-3•,@1F' �,t '�i.r,,.'* nr,.a -•'fir, �„i •5 ,r, �,r,y;;rJ.%sa:_„s7�^�.� t•3�.,-.,.�fC• �i q.. _ ^r 'l;", Y-"G u�`B irv�4 "r:,•3uu"'•.i�q:t�.f:' ,�'v,,,�"v:.G• 'tt�{ ti� ,�da�1'a• r ✓��`+�Fxr ;�. ,.,,�• t�;�:�;. .,Sed,'. ;,,, �`,:;,,,�,j� _�, �''f:<<s�',-';iy'�'`��.,%:Yw�;',r;9ir�,r�:�r;�,a... ',, ��,:.,;• itf t i 'rl '�f�'` t•, French police forces and forensic officers stand next to a truck that ran Into a crowd on July 15,2016"(ERIC GAILLARD/REUTERS) He is charged with attempting to provide material support to a terrorist organization. The feds made the arrest three days before Thanksgiving as the NYPD remains on high alert for an ISIS inspired attack at the holiday parade.ISIS recently published an alarming article in its English language magazine calling the parade an "excellent target." http//www nydailynews.com/news/nabonal/fbi-arrests-brooklyn-man-joined-isis-hoped-attack-nyc-article-1.2882425 2/3 5/24/2017 FBI arrests Brooklyn man who joined ISIS,hoped to attack NYC-NY Daily News The Thanksgiving Parade is not mentioned in Naji's complaint,but the court papers note that"iihadist propaganda has long counseled followers to commit acts of violence like the one describe by Naji." Naji appeared briefly in Brooklyn Federal Court wearing a black sweatshirt and black basketball shorts.He was also dressed all in black attire in selfie photo he emailed his wife from Yemen,but in that photo he was wearing a tactical vest,aimed with a large knife and the lower half of his face was covered with a black and gray bandana,court papers state. Magistrate Judge Robert Levy ordered Naji held without bail.Naii has a wife and three children in Yemen,and another wife with whom he is estranged in New York,Kellman said. ©2016 New York Daily News http//www nydadynews.com/news/national/fbi-arrests-brooklyn-man-domed-isis-hoped-attack-nyc-article-1 2882425 3/3 Massachusetts and Maryland Reject Thousands of Uber, Lyft Drivers - Who's Driving Yo... Page 1 of 3 n Who's Driving YOU? ABOUT I INCIDENTS PRESS + I RESOURCES + VIDEOS BLOG I CONTACT f 5,:arch Here Q CATEGORIES Atlanta i° Background Checks Boston Cease And Desist .V Chicago fingerprint Fingerprinting i © insurance July 4 Labor Louisiana Lyft MARYLAND April 14,2017 / In Uncategorrzed massachusetts Missouri MASSACHUSETTS AND New York News MARYLAND REJECT THOUSANDS Oregon OF U B E R, LY FT DRIVERS Regulation Sari Antonio Seottle This week the news arrived that Massachusetts and Maryland have rejected St Louis thousands of already approved Uber and Lyft drivers, Surge Pricing 51 applications from sex offenders.Thats how many Massachusetts found driving for Uber and Lyft. Here are the other reasons applications were refected: Temporary Restro,ning Order Teras • 352 for criminal-history incidents related to"sex,abuse,and exploitation," Tronsp°ratr°n • 958 for violent crimes, • 152 for operating under the influence. Uber In a follow-up Boston Globe article on how other states may be considering more uberx stringent background checks, Lyft spokesman,Adrian Durbin made this point:"It Uncategorrzed would be a mistake to prevent good and qualified drivers around the country from earning needed income as a result of one state's rule-making." ARCHIVES We wholeheartedly disagree. Massachusetts recent findings offer incontrovertible,bulletproof data that law Aprr11017 enforcement and governments should be background-checking Uber and Lyft drivers. March 2017 The sampling was enormous:70,789 applications.The reviewer—the state of February2017 Massachusetts—is unassailable. January 2017 In fact,we believe Massachusetts would have found more bad apples had law December 2016 enforcement been able to use the gold standard of criminal background checks: fingerprints. November?016 October 2015 It would be the most reasonable move in the world for other states and cities to emulate Massachusetts supplemental background checks of Uber and Lyft drivers. September 2016 And to further bolster the effectiveness of government checks by using fingerprinting. Aagost2016 http://www.whosdrivingyou.org/blog/massachusetts-maryland-rej ect-thousands-uber-lyft-dr... 5/3/2017 .. Massachusetts and Maryland Reject Thousands of Uber, Lyft Drivers - Who's Driving Yo... Page 2 of 3 Uber loves to hide data,produce questionable data,and diminish the value of data July 2016 which is critical of its processes.But Uber and Lyft will be hard-pressed to deny the June 2016 V�/ a"'v1'�v 1'M jrtg?} . ABOUT I INCIDENTS I PRESS + I RESOURCES + I VIDEOS I BLOG I CONTACT f y 'Y 1I'Y Y'V: May2016 Besides,its not Just one state. April 2016 Maryland's supplemental background checks have rejected 2,850 applications for March 2016 criminal offenses or driving-related Issues. February 2016 2,850. January 2016 December 2015 If you multiply Massachusetts'and Maryland's rejected applications by the number of states allowing Uber and Lyft to conduct their own background checks,it begins to November 2015 explain why our site lists 217 reported sexual assaults and harassments against Uber October 2015 and Lyft drivers. September2015 August2015 July 2015 June 2015 © © ® ® © ® w Apr rl 2015 March 2015 Februory 2015 January 2015 NO COMMENTS December 2014 November 2014 POST A COMMENT October 2014 September 2014 A Augrt2014 Write your comment here... July 2014 June 2014 May 2014 April 2014 March 2014 February,2014 Your full name E-mail address Website SUBMIT SITE LINKS RECENT SLOG POSTS About Boston Uber Driver Rape Suspect Signed Up With Fake Name Incidents April 28,2017 Promoting for-hire vehicle Top Five Reasons NOT To Drive for Uber safety and highlighting the Press+ April 26,2017 risks of Uber and Lyft Resources+ Massachusetts and Maryland Refect Thousands of Uber,Lyft Drivers Videos April 14,2017 f y Blog The New Dilemma For Uber Employees Contact March 22,2017 Nothing Greyball About It:Uber Knew'Ridesharing'Was Criminal March 10,2017 http://www.who sdrivingyou.org/blog/massachusetts-maryland-rej ect-thousands-uber-lyft-dr... 5/3/2017 5/25/2017 Uber raked In millions through hidden tees:class-action Suit I New YorK t-(%( f ;ir"N10 Uber raked in millions through hidden fees: class- action suit By Pnsc Illa DeGregory and Julia Mai sh May 24,2017 1 717pm vn SEI?�Al ��i"% ?t' �• ' •. ':yrA flJ+. 4.0 °'"AiQ „ir t Gctty Ir-ages Passengers are Incurring hidden charges with Uber's'upfront"pricing model—resulting in a$7.4 million windfall per month to the app-ride company from New York City trips alone,according to a new class action lawsuit. Uber launched its upfront fares last summer,promising a"no math and no surprises"system that would calculate the actual cost of a trip before customers booked a ride But Uber Is charging riders approximately$2 more than the actual cost of the trip,according to the Brooklyn lawsuit filed by Coney Island resident Jacqueline Gayed. For example,while the rider pays$14 for a trip,the driver's Uber platform shows a fare of dust$12 "Uber simply pockets the difference;"the suit says. ADVERTISING http.//nypost.com/2017/05/2"4/uber-raked-In-m III ions-through-hidden-fees-class-action-suit/ 1/2 5/25/2017 Uber raked in millions through hidden fees*class-action suit I New YorK cost •t t -r The company pulls off the scheme by showing riders a less efficient route than the one drivers take,according to court papers. The suit cites a recent investigation by the website The Rideshare Guy,which found that Uber is hitting half of riders taking the daily 250,000 trips in New York City with the extra$2 charge So Uber is making about$250,000 a day or$7.4 million a month"in New York City alone,"from the hidden fee,the suit says. Gayed assumes Uber is taking in similar windfalls in other cities. The suit was filed the day after Uber admitted it owes drivers tens of millions of dollars in back pay for taking its fee before deducting taxes and other surcharges. California drivers filed a similar class action lawsuit over the upfront pricing model in April. A spokeswoman for Uber was looking into the claims. FIlfF)UI DER CLASS-ACTION LAWSUITS,LAWSUITS,NEW YORK CITY,LIBER Recommended by http//nypost.com/2017/05/24/uber-raked-m-millions-through-hidden-fees-class-action-suit/ 212 RECEIVED JUN - 6 2017 Nassau &Suffolk Taxi Owners Association PO Box 6 Franklin Square, NY 11010 Southold Town Clerk June 1, 2017 Town Clerk Elizabeth A. Neville Town of Southold 53095 Main Road Southold, NY 11971 Dear Town Clerk Elizabeth A. Neville, Enclosed are the recent updates in regards to the negative impacts of TNC's, (Transportation Network Companies). Don't let this happen to the residents of Nassau and Suffolk Counties. Please read the enclosed articles. 1. In this article from the NGL Group there are major coverage issues. If an accident occurs a resident of Nassau and Suffolk County could have their medical benefits denied. 2. A TNC driver sexually abused a student at the University of Kentucky.We can't let this happen to students at local Colleges such as Hofstra University,Adelphi University, Long Island University, and Stonybrook University.This is why governmental fingerprinted background checks are needed for all TNC drivers.Traditional Taxi companies go through this. 3. TNC driver gets pulled over for speeding and gets arrested.The driver was arrested for possession of Marijuana and had two open warrants from 2014.This is another example of why fingerprinted criminal background checks are needed. 4. TNC drivers use their cars as cover.This is an example of why TNC cars should have to follow Local Legislation and have cars that are painted and lettered a certain way. Don't let TNC vehicles blend into the community and start dealing drugs. Drivers working for TNC's in the boroughs are mandated to have governmental fingerprinted background checks.This protects the riding public. In Nassau and Suffolk County TNC drivers will not be required to undergo governmental fingerprinted background checks.The residents of Nassau and Suffolk County deserve to be protected like the residents of the five boroughs. Make sure you don't have a sex offender driving you. Let your voice be heard, contact your Local Legislator and tell them you are in favor of and opt out to protect the riding public. Sincerely, Lawrence Blessinger Jr. President 516-326-9090 Ext. 333 A Ride hailing: Income Lyft or Uber dangerous? Peer-to-peer ride hailing has to share costs among all occupants of exploded,on the scene. It is either the vehicle,making the commuting the next big innovation in the more inexpensive than it would marriage between technology and- be if you were commuting alone. (PN ROUP L.L.C. social networking or it is the next However,with the rise of peer- big innovation since slap bracelets to-peer ride-sharing apps from INSURANCE YOU DOES NEED and Silly Bandz. Regardless of its Transportation Network Companies EXPERIENCE TRUST. future,ride hailing is here and,at such as Uber and Lyft,the traditional SERVICE YOU DESERVE. least for the immediate future,it isdt act of carpooling has taken on a more going anywhere. commercial quality.TNC apps connect a driver with a passenger for 112 Merrick Road What is ride hailing? I thought a fee,an act that resembles hailing Lynbrook, NY 11563 it was ride sharing? a taxi rather char.hitching a ride with friends to work.Thus the term You might be thinking"A rose by any hailing was born. (516) 599-1100 other name would smell assweet" .Coin n I roU but there is a difference between g g p the terms"ride sharing and"ride The devil is in the details hailing."At its most basic level,ride It might seem like a small distinction sharing is carpooling.It is the act of between ride sharing and ride PHILsharing a vehicle with one or more hailing, but that distinction can OMP people for'the purpose of commuting make all the difference in the AGUff to a desired destination.The goal is world when it comes to insurance Qndnued on page2 _ al t 5 v^S UY5`�.St ra-�„ x�i^'_'•1�^�'wle vse.��r,}�iY'.',L'i �-��;f• - '�' •' fi' `_'�,.:: , •. ^Zlii' - vii=%n<•f."•i✓� �• `�L,^,,lij(�\l•} a� ��-3'Ci',)�v-f'K.;'yt-' 'G)• ^. {j. ,t•s }'t ti (N G 112 Merrick Road Lynbrook,NY 11563 GROUP L.L.C. Ride haft continued from page I coverage.Typically,your personal are in an accident while acting as completely,as policies provided by auto policy has what is known as a TNC driver. TNCs typically are considered excess a"livery exclusion."This exclusion to the personal auto policies,which states that when an individual uses Make sure you have protection means they will provide coverage his or her personal auto as a livery We have established that your only if the personal auto policies vehicle (i.e., transporting passengers personal policy will not protect you deny coverage.'This can create in exchange for a fee such as acting in the event of an accident,but a situation in which the handling as a ride-hailing driver) the personal will the TNC provide coverage? and settlement of claims related to auto policy will not cover liability, The largest TNCs have responded a TNC accident can be a long and medical payments, uninsured/ to the livery exclusion in personal drawn out affair. underinsured motorists or physical auto policies by providing liability, damage for any accident that occurs uninsured/underinsured motorist What are your options? while the vehicle is being used and comprehensive/collision It is not all bad news if you wish in that manner.This means you coverages to TNC drivers while to engage in ride hailing,though. will not have coverage under your they transport passengers for a fee. The insurance market is always personal auto policy in the event you However, this does not solve the issue adapting and evolving.The Insurance Services Office Inc., an organization h F� that develops standardized insurance policy language for the insurance industry,has recently proposed •," Y ,- "' "1 a form that would allow a driver to .,, purchase coverage for the time that he or she is on a TNC app,but has not � 4 yet been matched with a passenger. ? :t W1 s} Some insurance companies also are venturing forth with special policies intended for ride-hailing operators. In addition, state legislatures across the country are passing measures ;;. designed to remove some of the ambiguity that is associated with ride >u hailing and insurance coverage. 530/2017 UKPD:Student reports sexual abuse on campus by Uber driver-ABC 36 News .................... UKPD: STUDENT REPORTS SEXUAL ABUSE ON CAMPUS BY UBER DRIVER By: WTVQWe--b Uesk5fibmute d:--0-4T27/20`lT- 12:62-p rm- Tags: bulletin, Driver, Hilltop Avenue, Parking, Police, Report, residence hall, Sexual Assault, student, Uber, uk, University of Kentucky LEXINGTON, Ky. (WTVQ)—A disturbing crime bulletin from the University of Kentucky Police Department says that a student was sexually abused by an Uber driver while trying to get back to her residence hall. According to the bulletin, the student got into the Uber vehicle at about 12:50 a.m. Wednesday, asking to be taken to her dorm. Instead of dropping her off, though, the driver reportedly passed the hall and went into Parking Structure #2 on Hilltop Avenue. The bulletin says the driver then kissed and inappropriately touched the student. The student reportedly left the vehicle around 2:00 a.m. Police say the Uber vehicle is a red, 4-door Chevrolet Spark, and describe the driver as a white man, around 33 years old, standing 5'10" tall, weighing 200 pounds, with brown hair and brown eyes. http//www.wtvq.com/2017/04/27/ukpd-student-reports-sexual-abuse-campus-uber-driver/ 1/2 5/30/2017 UKPD:Student reports sexual abuse on campus by Ubar driver-ABC 36 News Since the release of the bulletin, UK police say two other women have come forward saying they had similar experiences with an Uber driver. Police say they believe it is the same driver in all cases. Anyone with any information about the incident is asked to contact UK Police at (859) 257-8573, http•//www wtvq.com/2017/04/27/ukpd-student-reports-sexual-abuse-cam pus-uber-driver/ 2/2 5/30/L017 Uber driver pulled over for speeding,arrested on outstanding warrants-Story I WAGA Uber driver pulled over for speeding, arrested ®n outstanding warrants By: Patty Pan POSTED:MAY 25 2017 05:37PM EDT UPDATED:MAY 25 2017 06-51 PM EDT MARIETTA, Ga. -A Marietta man calls for an Uber ride, but ended up getting is an experience he will never forget. Police pulled the car over and found the driver had outstanding warrants. "Just to know to be more cautious before they just order an Uber by themselves late at night or just anytime. You really don't know who's driving you around," said Zachary McCormack. Ad Content Sponsored Links by Taboola Differences Between Relapsing- New York: remitting IVIS and Primary-... Dinner Delivered? Here's Why... Livestrong for Healthl€ne Food&Wine for Plated McCormack said it was supposed to be a typical Uber ride home, but the events that unfolded early Sunday morning was anything but typical. The 24-year-old Marietta man was at the Battery Atlanta at SunTrust Park. Top fox5atianta.com Searches , Tiger Woods '.Memorial Day ; FBI Agent Shot Image Gallery PHOT( r 5/30/21017 Uber driver pulled over for speeding,arrested on outstanding warrants-Story I WAGA He called for an Uber ride, but the driver showed up in a different car than what was listed and less than 5 minutes into the ride, the unthinkable happened. "The Uber got pulled over for speeding and once we got pulled over, the police officer took his license and brought back to patrol car and then another police officer showed up and this police officer, they both came up to the side of the car, and got the driver out of the car and arrested him," said McCormack. According to the incident report obtained by FOX 5 News, after running the license of the driver, Michael Terrance Thomas, Cobb County police discovered he had two active warrants from Alpharetta from 2014 on theft charges. "I was just happy to be safe at that point. I mean, I was surprised it didn't come to anything more, like a high- speed chase or something. It was crazy being in a car with a guy like that," said McCormack. McCormack said what was supposed to be a 15-minute ride turned out to be an hour and a half ordeal. He later reached out to Uber support through the app. They refunded his money and wrote him the following: "We'll be launching an internal investigation and will be re-evaluating this driver's access to Uber. Any incident that threatens the safety or wellbeing of either party is taken very seriously." But McCormack said that just does not seem to be enough. He questions just how many other drivers are behinc the wheel that should not be. "It definitely changed my perspective on ordering Uber. I don't think I will be ordering any Ubers anytime soon. I'n just going to have to change my way of getting to and from places that for sure," said McCormack. Thomas was giving a warning of speed by police, but has been charged with possession of marijuana. The car Thomas we driving turned out to a be rental. FOX 5 News reached out to Uber regarding this story, but did not receive a response by early Thursday evening. http.//www fox5afanta.com/news/256982939-story 2/2 Drug dealers used Uber cars to run heroin and cocaine operation in Bronx, Manhattan: cops POSTED 11.45 AM,MAY 3,2017,BY CHRIS BRITO,UPDATED AT 07,46PM,MAYS,2017 Drug dealers used Uber cars to run heroin and cocaine operation in Bronx,Manhattan:cops NEW YORK-Police busted several drug dealers who used their Uber cars as cover to deliver cocaine and heroin to customers in Manhattan and the Bronx. Dibanny Cortorreal-Marte,37;Miguel La Paz-Lugo,36;Oscar Tejada-Almonte,31;and Selena Santos,22 were arrested Tuesday morning.Police said they were part of a citywide scheme in which drivers used Uber cars to blend into neighborhoods and not look suspicious while waiting for customers to pick up the narcotics, according to the police criminal complaint. The allegedly fake Uber drivers were arraigned Tuesday by the Office of the Special Narcotics Prosecutor.Charges include criminal sale and possession of a controlled substance and conspiracy,police said. Alfredo Tejada-Almonte,34,believed to be the leader of the drug trafficking operation and the brother of Oscar Tejada-Almonte,and_ Robert Toribio,44,were nabbed last week in the Bronx,police said.The bail for Tejada-Almonte was set at$150,000 following his arraignment. The dealers had more than 100 customers and the volume of their sales was high,police said.Cops eventually broke the case including undercover officers, examination of cell-phone records and court-authorized eavesdropping. Authorities on Tuesday seized nearly$23,000,at least five vehicles and one kilogram of cocaine,according to the criminal complaint. Drug dealers posing Uber drivers to avoid detection caught RECEIVED 641.6 'F,11 p. 011 t.d.y JUN 2 1 LAJ 0J►FM■ ' Nassau &�uffioik Taxi Owners Association PO Box 6 Southold Town Clerk Franklin Square, NY 11010 June 15, 2017 Town Clerk Elizabett;A. Neville Town of Southold 53095 Main Road Southold, NY 11971 Dear Town Clerk Elizabeth A. Neville, Uber is a company that does what it wants whet it wants.They discriminate against women.They used;- a technology called greyball to avoid government investigators. Uber didn't take any action again'u drivers that passengers'said were ("riving drunk.in California. This'is an article from the Washington Post-that details all of the issues that Uber has hadif' January 2017 to June 6, 2017 • In the second article dated June 8, 2017 CEO Travis Kalanick sent an email td hundreds oV employees that at a company outing he was promoting employees to have sex with eae•h-'oth`er' • The third article dated June 13, 2017 in which Eric Holder makes a bunch of recommendations to change.the culture and corporate structure of the company. In the foul th zirticle dated June 13, 2017 David Bonderman"resigning from Board after sexist remarks. Competition is good hit companies must be held to a certain standard and follow rules and laws that have been in,place{or-years. Uber is a company that has no regards towards'women and to th'e work place environme'ntJTheiii drivers are constantly committing crimes and it's accepted by'corporate. Call your Local Legisiator,'ur�ile' them to'rpt out and protect the riding public. Sincerely, Sincerely, nc Blessinger .Jr. President 516-326-9090 Ext. 333 From#deleteUber to `Hell': A short history of Uber's recent struggles - The Washington ... Page 1 of 6 at W611-wonPit The Switch From #de- leteUber to 'Hell': A short- historyof Uber's recent struggles By Brian Fung June 7 Uber has not had a great start to the year.The ride-hailing company has been reeling from a public battering over claims of willful discrimination,allegations of intellectual-property theft and the departure of several executives.The controversies have resurfaced a debate over Uber's hard-charging internal culture and the consequences of its win-at-any-cost attitude to business and regulation. If you're having trouble keeping up with all the Uber news,here's a brief history of its struggles in 2017. Late January Hundreds of thousands of Uber customers reportedly canceled their accounts in response to the #deleteUber social media campaign after the company continued to run service while taxis were on strike at John F.Kennedy International Airport in New York.The strike was to protest President Trump's travel ban targeting foreign nationals from seven Muslim-majority countries.Some users viewed Uber's decision to continue to pick up passengers as an attempt at profiteering. Uber suffered a to ercent drop in rides that weekend, according to some estimates. Feb. 2 Amid continuing criticism for not suspending service to JFK over the travel ban,Uber chief executive Travis Kalanick stepped down from his position as a strategic adviser to Trump. Kalanick had been a member of a special advisory council to the White House that included Tesla chief executive Elon Musk and a number of other executives.Critics had questioned Kalanick's role with the administration.In a companywide memo, https://www.washingtonpost.com/news/the-switch/wp/2017/04/18/from-deleteuber-to-hell-... 6/13/2017 From#deleteUber to 'Hell': A short history'of Uber's recent struggles - The Washington ... Page 2 of 6 Kalanick said that he did not intend for his membership on the council to be interpreted as an endorsement of Trump's policies. Feb. 21 Uber suddenly found itself embroiled in a sexual harassment controversy after a blog post by Susan Fowler, a former Uber engineer,went viral. In her post,Fowler outlined a number of allegations against the company and said that her reports of inappropriate sexual attention from a manager went largely ignored and that Uber's human resources department blamed her for"[being]the problem."The incident created a social media firestorm,prompting Kalanick to!announce an investigation led by former U.S.Attorney General Eric Holder.Uber sent users intent oniI deleting their accounts messages saying that employees were "deeply hurting"in light of the blog post and tliat the allegations went"against everything Uber stands for." Feb. 23 Uber again landed in hot water when Google's self-driving car spinoff,Waymo,filed a lawsuit against the ride-hailing company that threatens to halt Uber's progress in developing its self-driving car.The suit accuses a former Google executive,Anthony Levandowski,of stealing sophisticated self-driving I technology from Google before leaving to form his own self-driving truck company,which was then acquired by Uber. Google is an investor in Uberl and the relationship between the two firms has grown increasingly competitive as both work to dominate the race to build a mainstream self-driving car. Feb. 2'7 AmiSinghal, t another top Google employee who left to loin Uber,stepped down after a report that he failed to disclose the real reason he left the search gianI t—namely,that he had been accused of sexual harassment while at Google.Singhal voluntarily departed Google,and was later asked by Kalanick to leave Uber, according to news reports. Feb. 28 Kalanick made headlines again when he got into Ian argument with an Uber driver over fares.The encounter,which was caught on video,showed Kalanick boasting about how hard he drives his employees and accusing the driver of failing to take responsibility for his own income.The driver pointed out that Uber has repeatedly lowered wages for its drivers.Kalanick ended the trip by sarcastically wishing the driver luck. https://www.washingtonpost.com/news/the-swi ich/wp/2017/04/18/from-deleteuber-to-hell-... 6/13/2017 From#deleteUber to `Hell': A short history of Uber's recent struggles - The Washington ... Page 3 of 6 Kalanick later apologized and said that he needed"leadership help."The company said it was looking for a chief operating officer to work with Kalanick."I must fundamentally change and grow up,"Kalanick said in a blog post. March 2 Uber relented in a high-profile legal fight with California regulators,saying it would agree to file for a testing permit for its self-driving cars after it had launched a test fleet in San Francisco without a permit.The news was a defeat for Uber,which had resisted following in the footsteps of its competitors in the autonomous vehicle space. Uber had argued late last year that it was exempt from the testing regulation because it had human drivers at the wheel. California authorities,however,did not budge,prompting Uber to move much of its testing to Arizona in December. March 3 Reports surfaced that Uber had used a secret tool,known as Greyball,that allowed the company to circumvent government investigators in a years-long game of cat-and-mouse.The tool was designed to help Uber avoid abusive riders,but the company started using it to thwart regulators in places where the service was restricted or banned. Uber used Greyball to serve members of law enforcement a fake version of the app designed to prevent them from successfully hailing rides when investigating the company's practices. Uber also turned Greyball on cabdrivers to thwart them from using the Uber app to learn the whereabouts of Uber drivers.The revelation was a reminder of other covert actions Uber had taken to defeat its competition. March 16 An analysis of Uber's self-driving car metrics showed that the company's autonomous vehicles needed constant micromanagement,according to a news report.The company's human testers had to intervene on average once per mile, Re code reported,raising questions about the readiness of the company's autonomous cars despite a higrofile launch in Pittsburgh months before. By comparison, Google said in January that its human drivers need to take over its self-driving vehicles once every 5,000 miles,made more impressive by the fact that Google has logged many more miles than some companies working on autonomous vehicles. March 1g a https://www.washingtonpost.com/news/the-switch/wp/2017/04/18/from-deleteuber-to-hell-... 6/13/2017 • From#deleteUber to `Hell': A short history of Uber's recent struggles - The Washington ... Page 4 of 6 Uber's president,Jeff Jones,said he was leaving the company over the sexual harassment allegations that were dogging the firm. "The beliefs and approach to leadership that have guided my career are inconsistent with what I saw and experienced at Uber,and I can no longer continue as president of the ride- sharing business,"Jones said in a statement to Re/code. March 25 Uber briefly suspended its self-driving car testing at the end of March,a day after one of its autonomous vehicles got into a crash in Arizona. April 4 Pittsburgh Mayor Bill Peduto told the Wall Street Journal that he was quickly becoming disillusioned with Uber despite being one of the company's biggest champions when it launched a self-driving program in his city. Peduto said that Uber was not doing enough to fulfill its moral obligations to Pittsburgh residents.For example,he said that Uber had walked away from commitments that could have helped Pittsburgh win a competition sponsored by the Department of Transportation known as the Smart Cities Challenge.That initiative came with$5o million in grant money for designing next-generation transportation technologies. Uber said its investments had helped"put Pittsburgh on the self-driving map"and created jobs for the city. April ii Rachel Whetsone,Uber's top communications executive,said she was leaving the company,making her the latest in a slew of executive departures.Whetstone,who had also worked previously at Google,reportedly clashed with Kalanick over how to handle crisis communications,according to reports. Roughly half a dozen senior Uber staffers have departed the company in recent months. April 12 According to a report by The Information,Uber operated a top-secret program known as"Hell,"which sought to identify drivers for Uber competitor Lyft.The program not only helped Uber in locating Lyft drivers,potentially giving Uber a competitive advantage,the report said,but could also identify which Lyft drivers also drove for Uber.Those drivers would then be singled out for special driver-retention efforts, meaning that they were treated differently from Uber's most loyal workers. Legal analysts said the program could be viewed as an example of an"unfair business practice,"which could land Uber in court. https://www.washingtonpost.com/news/the-switch/wp/2017/04/18/from-deleteuber-to-hell-... 6/13/2017 From#deleteUber to `Hell': A short history of Uber's recent struggles - The Washington ... Page 5 of 6 April 14 California regulators said that Uber may be subject to more than $i million in fines after the company repeatedly failed to take action against drivers that passengers said were driving drunk.Uber investigated only 13 percent of passenger reports about drunken driving,according to California's Public Utility Commission.Uber has promoted its ride-hailing service,in part,by arguing that it reduces drunken driving by keeping inebriated passengers from getting behind the steering wheel. April 27 Amid the boiling lawsuit between Waymo and Uber over self-driving cars,Levandowski,the former Google employee at the center of the controversy,said he will stop working for Uber on any issues related to lidar, the sensing and detection technology that helps cars"see."While Levandowski would remain employed by Uber,his recusal came after he had tried—and failed—to invoke the Fifth Amendment to prevent certain Uber documents from entering the court record. May 4 Two months after the public learned about Greyball,the Justice Department launched a criminal probe into Uber over the issue,raising the stakes immensely for the embattled company.Both Uber and DOJ have declined to comment on the matter. May 30 Uber said it fired Levandowski over his failure to turn over thousands of documents related to the Waymo lawsuit as a judge had requested.In its letter terminating Levandowski,Uber said its employee's reluctance to cooperate had"impeded"the company's own internal investigation,as well as its legal defense. May 31 Uber's head of finance,Gautam Gupta,left the company to join an unnamed startup. Gupta,who had been with Uber since 2013,served under the company's chief financial officer,Brent Callinicos,until Callinicos himself left Uber in 2015.Since then, Uber has been without a CFO. Meanwhile, Uber said that its first- quarter revenues were up 18 percent compared to the previous quarter,but still posted a massive loss of $708 million. https://www.washingtonpost.com/news/the-switch/wp/2017/04/18/from-deleteuber-to-hell-... 6/13/2017 ' From#deleteUber to `Hell': A short history of Uber's recent struggles - The Washington ... Page 6 of 6 June 6 More than 20 employees were fired from Uber in connection with its workplace probe—an unprecedented decision by a company,according to some legal analysts.As a result of the investigation, 31 employees will receive training and seven have received written warnings.The inquiry looked into 215 reported cases of harassment that contributed to reputations of an overall toxic culture at the company. Brian Fung covers technology for The Washington Post,focusing on telecommunications, Internet access and the shifting media economy. Before joining The Post, he was the technology correspondent for National Journal and an associate editor at the Atlantic. V Follow @b_fung https://www.washingtonpost.com/news/the-switch/wp/2017/04/18/from-deleteuber-to-hell-... 6/13/2017 �Y 6,�1,�;/2017 Uber CEO made'sex rules'for employees ahead of Miami trip report New York Post ;.• ; tFd Jury deadlocked in Bill Cosby sex assault trialUber CEO O 6 ex 9 for employees ahead of ■ ■ ■ trip: rewri 3y Jricrr->salo June 8,2017 1 10 57pm I Updated . . .: :.•a of � ia� A �:b°'� �A �� .. :s �„� Ary a�" .,, 3: ,o', a\ ''.�.;�',1"'>�'."'';• 1r _ z�,. �" •��"�?`i� ti' ,3d. to ,�a:;:".. �yy:xsr. Zv • "�'� ' ,rg'''°r:"' ? :;vim y• ^� '°s��>, •��'",'� ,� :�`.. ,. t F ZT e, ,.t:` aw .f.,3'iE,` .'S• se$�..3 `•�eX,{^>c• `bIM .. „ '�: 'xk I 1 s Uber CEO Travis Kalanick fired off a bizarre email in 2013 to hundreds of employees where he listed the conditions under which they could have sex with each other at a company outing in Miami,among other off-color comments,according to reports. Recode obtainer, an email Thursday that has become infamous 1n the company as the"Miami letter." In the email,Kalanick allegedly started off by telling his staff that they had to read it or"I'll kick your ass." "Do not have sex with another employee UNLESS a)you have asked that person for that privilege and they have responded with an emphatic'YES1 I will have sex with you'AND b)the two(or more)of you do not work in the same chain of command.Yes,that means that Travis will be celibate on this trip," Kalanick wrote in the email. The email surfaced as Uber weathers a series of scandals related to the company's allegedly toxic culture i http`//nypost com/2017/06/08/uber-ceo-sent-sex-rul es-em ad-to-em pl oyees-ahead-of-m t am i-tri p-report/ 1/2 ( d 6/154617 Uber CEO made'sex rules'for employees ahead of Miami trip:report I New York Post pOn Tuesday,liber fired 2.0 employees after launching a probe into accusations of sexual harassment and gender discrimination.The company retained a lawyer for the investigation when former employee Susan J.Fowler wrote a viral blog post about how Uber ignored complaints from her and other female workers. In a separate incident,a senior executive was fired on Wednesday after Recode reported that he allegedly obtained the medical records of a woman who was raped by an Uber driver in India. rn ro uwDrR HARASSMENT,RIDE SHARING,SEXUAL HARASSMENT,TRAVIS KALANICK,OBER Recommended by http,//nypost.com/2017/06/08/uber-ceo-sent sex-rules-email-to-employees-ahead-of-miami-trip-report/ 212 Uber`Report: Eric Holder's Recommendations for Change - The New York Times Page 1 of 5 i Zhe NEtv 9, 0*151mCo https://nyti.ms/2slUA8t TECHNOLOGY Tiber Report: Eric Holder's is,ecommendations for Change JUNE 13,201'7 Here are the main recommendations for improving Uber's workplace culture as laid out in a report after an inquiry by Eric H. Holder Jr., the former attorney general, and his law firm, Covington &Burling. Changes to Senior Leadership The report urged that the responsibilities of Uber's chief executive, Travis Kalanick, be reallocated: The Board should evaluate the extent to which some of the responsibilities that Mr. Kalanick has historically possessed should be shared or given outright to other members of senior management. The search for a Chief Operating Officer should address this concern to some extent. https://www.nytimes.com/2017/06/13/technology/uber-report-erie-holders-recommendations-for-c... 6/15/2017 Uber`Report: Eric Holder's Recommendations for Change - The New York Times Page 2 of 5 Mr. Kalanick, who announced a leave of absence as the report was disclosed, has been under fire for his flouting of rules and norms, including transportation and safety regulations. The report called for the company to use performance reviews to hold executives accountable and to increase the powers of the company's head of diversity: The position should be renamed the "Chief Diversity and Inclusion Officer,"and the position should report directly to the CEO or the COO. This action is intended to reflect the elevated status of this role and demonstrate the company's commitment to this issue. Board Oversight Recommendations included the addition of more independent board members, an independent chair of the board, an oversight committee, and using compensation to hold senior executives accountable: The Board should consider incorporating ethical business practices, diversity and inclusion, and other values from Uber's Business Code of Conduct into its executive compensation program. Experience shows that compensation provides a powerful tool for creating incentives for behavior, and reinforcing a company's values. Better Human resources Systems and Training The report called for Uber, which has been heavily criticized for a management culture that is slow to respond to employee complaints, to make sure it had good tools in place to track employee data, including complaints: Senior managers should be able to track whether certain organizations or managers give rise to multiple complaints such that intervention with the manager is needed. https://v ww.nytimes.com/2017/06/13/technology/uber-report-eric-holders-recommendations-for-c... 6/15/2017 Uber Report: Eric Holder's Recommendations for Change - The New York Times Page 3 of 5 r Recommendations also included mandatory leadership training for executives, human resources training and manager training. The Complaint Process In particular, the report called for a "a robust and effective complaint process." Uber should enhance communication to employees concerning how and to whom they can raise complaints about harassment, discrimination, and retaliation. Uber should develop and communicate multiple avenues for lodging a complaint, including an employee's immediate manager or next-level manager,the organization's Human Resources Business Partner, or the Integrity Helpline. This encourages employees who may otherwise fear retaliation to come forward, knoiNring that there are multiple avenues they can utilize if they have a concern. Cultural Values Responding to criticism of a generally toxic environment at Uber, the report urged the rewriting of the company's written cultural values to "reflect more inclusive and positive behaviors." To achieve this reformulation of the values, there are several steps Uber should undertake: work with an established and respected organization that is experienced in organizational change to restate the values with significant input from employees; consider further defining the values in a manner more accessible to and more easily understood by employees; adopt values that are more inclusive and contribute to a collaborative environment, including emphasizing teamwork and mutual respect, and incorporating diversity and inclusiveness as a key cultural value, not just as an end in itself,but as a fundamental aspect of doing good business; reduce the overall number of values, and eliminate those values which have been identified as redundant or as haAng been used to justify poor behaNdor, including Let Builders Build, Always Be Hustlin', Meritocracy and Toe-Stepping, and Principled Confrontation; and encourage senior leaders to exhibit the values on a daily basis and to model a more collaborative and inclusive Uber culture. https://www.nytimes.com/2017/06/13/technology/uber-report-eric-holders-recommendations-for-c... 6/15/2017 Uber'Report: Eric Holder's Recommendations for Change - The New York Times Page 4 of 5 0 Diversity and Inclusion Recommendations included targeting diverse sources of talent through "alternative and non-traditional sources of recruiting," and developing deeper partnerships with "historically black colleges and universities and Hispanic-Serving Institutions," as well as the use of blind-resume reviews, in which any indication of gender or ethnic background is omitted during a job candidate review. The report also called for the company to adopt a version of the so-called Rooney Rule, the National Football League policy that requires teams to interview members of minority groups for coaching and senior administrative jobs. Uber should utilize the Rooney Rule for,,vomen and other underrepresented populations for key positions, wherein each pool of candidates interviewed for each identified position includes at least one,,voman and one member of an underrepresented minority group,thereby ensuring that members of the populations currently underrepresented in Uber's workplace are interviewed with appropriate consistency. Employee Policies and Practices The report emphasized that"policies should be applied consistently throughout the organization." No special treatment should be given to any employee, regardless of level, tenure, or past performance. Uber should consider adopting a zero tolerance stance for violations of the anti-harassment, anti-discrimination, and anti- retaliation policies no matter the level or performance of the perpetrator. Responding to reports of unrestrained alcohol use at Uber, clear guidelines on the usage of alcohol and controlled substances were also among the recommendations: Uber should also encourage responsible drinking, which can include limiting the amount of alcohol that is available in the office, de-emphasizing alcohol as a component of work events, and otherwise taking appropriate action to https://www.nytimes.com/2017/06/13/technology/uber-report-eric-holders-recommendations-for-c... 6/15/2017 " U et Report: Eric Holder's Recommendations for Change - The New York Times Page 5 of 5 discipline and address inappropriate employee conduct fueled by alcohol consumption. Uber was also urged to prohibit romantic relationships among employees in cases where one party reports directly to the other party. The company was also urged to "take steps to eliminate bias and misuse of the performance review process," and to make promotion requirements clearer. Employee Retention The report urged Uber to ``engage a consultant or undertake internal surveys to identify and address attrition that is higher than expected, across the company or within specific organizations." Pay Practices Recommendations included a comprehensive review of the company's pay practices: To ensure that Uber truly appreciates the value of equitable pay, members of senior management and the Compensation Committee of the Board of Directors should be tasked with participating in this review, and overseeing and responding to the recommendations of the outside law firm on pay,to ensure a tone of support and a culture of compliance for the work that is being done. ©2017 The New York Times Company https://www.nytimes.com/2017/06/13/technology/uber-report-eric-holders-recommendations-for-c... 6/15/2017 ~' Javid Bonderman Resigns From Uber Board After Sexist Remark- The New York Times Page 1 of 3 Csbe dv ` t1rk 1*MC.5 haps://nyti.ms/2tjvlLJ TECHNOLOGY David Bonderman Resigns From Uber Board After Sexist Remark By MIKE ISAAC and SUSAN CHIRA JUNE 13,2017 SAN FRANCISCO — David Bonderman, an Uber board member and partner at private equity firm TPG, resigned from the board of the ride-hailing company after he made a disparaging remark about women at an Uber meeting on Tuesday. Earlier in the day at an Uber staff meeting to discuss the company's culture, Arianna Huffington, another board member, talked about how one woman on a board often leads to more women joining a board. "Actually, what it shows is that it's much more likely to be more talking," Mr. Bonderman responded. Attendees were aghast at the exchange, especially at a time when Uber has been trying to overcome a series of scandals over corporate misbehavior, including sexual 7arassgW&tlqMj�gsSSke f�i3 tTt �r r,e docu - 11 1 http s://www.nytimes.com/2017/06/13/technology/uber-sexual-harassment-huffington-bonderman.... 6/15/2017 avid Bonderman Resigns From Uber Board After Sexist Remark- The New York Times Page 2 of 3 .F recommendations it planned to adopt to bring more accountability to executives at Uber for their actions and to increase board oversight. Travis Kalanick, Uber's chief executive, also said he would take a leave of absence from the company. After the staff meeting, employees angry at Mr. Bonderman's remarks sent numerous emails to their managers and to Liane Hornsey, Uber's head of human resources, according to people with knowledge of the situation,who asked to remain anonymous because the details are confidential. Mr. Bonderman quickly apologized for his remark. People close to him said his resignation from the board was swiftly decided to demonstrate to Uber employees that he wanted to adhere to the standards he spoke about in the staff meeting. "I appreciate David doing the right thing for Uber at this time of critical cultural changes at the company," Ms. Huffington said in a statement. Mr. Bonderman joined Uber's board because TPG is an investor in the ride- bailing company. For the past few months, he had been working on Uber's culture. In a statement, he said his comment"carne across in a way that was the opposite of what I intended,but I understand the destructive effect it had, and I take full responsibility for that." Mr. Bonderman added: "I do not want my comments to create distraction as Uber works to build a culture of which we can be proud. I need to hold myself to the same standards that we're asking Uber to adopt. Therefore, I have decided to resign from Uber's board of directors, effective tomorrow morning." Mr. Bonderman's board seat at Uber may not be vacant for long.As a major stakeholder in Uber, TPG tiill most likely keep the seat and is discussing who may fill the position. Mr. Bonderman's original comments, according to experts, also lack merit. Tali Mendelberg, professor of politics at Princeton University, and Christopher Karpowitz, an associate professor of political science at Brigham Young University, conducted a study in 2012 concluding that men talked far more than women did at 7neetinlb * Sa x l(fd h"s://www.nytimes.com/2017/06/13/technology/uber-sexual-harassment-huffington-bonderman.... 6/15/2017 D Vid Bonderman Resigns From Uber Board After Sexist Remark- The New York Times Page 3 of 3 r of men and women in the groups. Their study is in line with multiple others drawing similar conclusions —men talk more than women, and men interrupt more than women. "The study shows that men will dominate the conversation if there are more men than women in the group, and they dominate by a lot," Ms. Mendelberg said in an interview. "When you have just two women in the group, those women are much more silent than men are." Uber's board of directors was composed entirely of men until 2016, when Ms. Huffington gained a seat. This week Uber said another woman had been added to the board: Wan Ling Martello, the executive vice president of Nestle in South Asia. In an email to employees late Tuesday about Mr. Bonderman, Mr. Kalanick wrote, "Board and management leadership is our highest priority and over the coming weeks and months we A411 be adding strong independent board members." But Ms. Mendelberg warned that it will take more than a few appointments to change the company's board dynamics. "Simply going from one woman to two women is going to do nothing to women's voice or influence," she said. Mike Isaac reported from San Francisco, and Susan Chira from New York. Follow Mike Isaac on Ti-Nitter @MikeIsaac and Susan Chira @susanchira. A version of this article appears in print on June 14, 2017. on Page A16 of the New York edition with the headline: Potshot by Uber Director Prompts a Swift Backlash. ©2017 The New York Times Company 7 The Times Sale. 50% off for one year. OffetsYfflAkMreMVv Subscriber login http s://www.nytimes.com/2017/06/13/technolo gy/uber-sexual-harassment-huffmgton-bonderman.... 6/15/2017