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Permit
Holders Measure
Aimed at November Ballot
Proposition
Would Provide
Lifetime Disability Income
- But Only for Permit Holders
Them
thats got shall get
Them thats not shall lose
So the Bible says
And it still is news
God Bless
the Child
by Billie Holliday and Arthur Herzog
A
measure that appears headed for the November ballot would allow disabled
permit holders to retire from driving while keeping their city-owned
medallions and the income that goes with them for life, while making
no provision for disabled drivers without medallions.
The San Francisco Taxicab Permitholders and Drivers Association (PDA)
is behind the measure. Its full text reads as follows:
Any taxicab permit holder who is unable to comply with a driving
requirement due to disability shall not be subject to permit revocation
or suspension for failure to comply with the driving requirement.
There are currently 900-plus permit holders who would be advantaged
by this measure. On the other hand, the 4-5,000 drivers without medallions
would get nothing from this proposition except a longer wait for a
permit and the opportunity to pay for someone elses retirement.
Four members of
the Board of Supervisors provided the needed signatures to place the
measure on the ballot. They are: Chris Daly, Fiona Ma, Jake McGoldrick
and Gerardo Sandoval. The only one who talked to United Taxicab Workers
before signing on was Fiona Ma.
As of our press deadline in late July, it was not certain that the measure
would be on the ballot since signing supervisors could remove their
names up to Aug. 1.
By going to the ballot, the PDA cut short efforts at the Taxi Commission
to achieve an industry-wide consensus on amending the governing taxi
law, Proposition K of 1978.
Prop K provides that taxicab permits are city property and cannot be
sold or transferred. Permits are issued for a nominal application fee
to persons who have placed their names on a waiting list. The permit
holder is subject to an annual driving requirement, currently defined
as 156 shifts of at least four hours.
Most permit holders lease their medallions to cab companies which manage
the operations of the taxi. Typical permit lease income is $1,800 a
month and is sometimes higher. That amounts to $30 a shift or more,
or about one-third of a non-medallion-holding drivers gates.
Permit holders possess a slew of other advantages, such as choice of
shift, excellent equipment to drive, and red-carpet treatment from any
company they choose to join. Their earnings potential as drivers is
far higher than that of drivers without those advantages.
The discussions at the Taxi Commission were aimed at overhauling Prop
K, including a major expansion of the propositions allowance for
exemption from the driving requirement in case a permit holder is unable
to drive. But the PDA has rejected anything less than a lifetime exemption.
UTW believes the measure will create a de facto retirement system for
virtually all permit holders. Rather than surrender their medallions
and give up $20,000-plus in annual income, permit holders will stay
in the industry until they can come up with a plausible disability claim.
Given the measures absence of criteria for determining disability,
that should not prove difficult as drivers age.
Since 47 percent of permit holders were determined to be violating the
requirement in a 2000 Taxi Detail audit of way bills, the number of
permit holders willing to take advantage of lax standards for disability
determinations figures to be quite high. UTW is greatly concerned about
the potential for abuse of such a vague and open-ended provision.
UTW believes that disability provisions should be applicable to all
drivers regardless of whether one has a permit. Permit-based disability/retirement
is unfair on several counts: it excludes the great majority of drivers
who do not have permits; it is paid for through the work of non-permit
holding drivers; and it will result in a much longer wait for a permit,
preventing many elderly drivers from getting one.
There are currently 3,000 people on the waiting list for a medallion.
The wait is about 12 years, but is sure to increase dramatically in
the future. If non-driving permit holders keep their medallions for
life, permit applicants will be that much further delayed in obtaining
their own medallions.
UTW also believes it is grossly unfair to provide a lifetime disability/retirement
income to persons who have been cab drivers for very little time, while
denying it to others who have given their lifetime to the industry.
Until 1999, permit applicants did not have to have any cab driving experience
to qualify for a medallion. Since then, a permit applicant need only
have driven 156 taxi shifts during the previous year to be eligible.
That means a disabled driver with less than a year in the industry could
keep the permit and its income for life. In contrast, many drivers who
have been in the industry 20 years or more do not have medallions and
have little or no prospect of getting one. They would gain no protections
under the measure.
Because the driving requirement can be met by working an average of
12 hours a week, many permit holders are part-time workers who have
other jobs. Among the ranks of permit holders who would be eligible
for disability exemptions are full-time city workers and others who
have their own disability and retirement protections.
Before the measure went on the ballot, the PDA contacted Supervisor
Matt Gonzalez, the president of the board, who began discussions between
UTW and the PDA. The permit holders group went around Gonzalez
after he suggested that all drivers should have disability protections,
but he continues to conduct discussions seeking a mutually agreeable
solution.
Taxi Commission Executive Director Naomi Little has proposed a certification
process for disabled permit holders through the Department of Public
Health.
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