Wed0900.Pedicabs.Meitzler

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    Wed0900.Pedicabs.Meitzler - Presentation Transcript

    1. Pedicabs & New York City A relationship under development… Presented for: Towards Carfree Cities VIII: Rethinking Mobility, Rediscovering Proximity by Peter Meitzler Manhattan Rickshaw Co. & NYCPOA
    2. A Drama in 5 Acts
      • Regulation not strangulation
      • The early days, before money entered into it
      • Crisis - the cap pits driver vs. owner, personality vs. personality, much finger pointing
      • The hell we’re in…when guvmint won’t act
      • 5) Is there a way out of this…and where the pedicab bell are we going?
    3. NYC PEDICABS AT WORK
    4. Do we have our coffee? We’ll need it!
      • §20-248 Legislative findings. It is the purpose of this subchapter to regulate and control pedicab businesses to protect consumers and to ensure the safety of the public, including passengers and drivers operating pedicabs.
      • It is also the purpose of this subchapter to minimize the effect of pedicabs on traffic and congestion by establishing a maximum number of pedicabs that can be authorized to operate in the city.
      • It is the purpose of this subchapter to require the inspection of pedicabs to ensure that pedicabs are safely operated in the streets of the city, and to provide a process for their removal if they have not been inspected as required.
    5. How I got started…
    6. Back in the day #1
    7. Back in the day #2
    8. Back in the day #3
    9. Community Boards are our friends…
      • Community boards are often a first point of contact for people starting a pedicab company. Community boards are the preliminary step to city council.
      • In the early days, Community Board 2 (Greenwich Village) was super helpful, and lately Community Board 5 (midtown) has supported pedicabs….
    10. CB5 resolution - closeup
      • WHEREAS, Community Board Five held a public hearing and heard pro and con views about pedicabs including:
      • 1. The need for more vehicles such as pedicabs which do not use fossil fuels or pollute;
      • 2. How Pedicabs have helped people get places when they have been unable to get a taxicab or utilize other modes of transportation;
      • 3. The desire to reduce the number of pedicabs congregating in one location;
      • 4. The competition pedicabs create for the taxicab industry;
      • 5. Support for safety and consumer protection regulation of pedicabs including licensure and insurance requirements; therefore be it
      • RESOLVED, That Community Board Five supports the idea of having the City of New York Department of Consumer Affairs regulate the pedicab industry and recommends that the City Council include the following items in its legislation to establish a regulatory structure:
    11. Who we are…
    12. Who we are…
    13. Who we are…
    14. Who we are…
    15. Who we (we)re…
    16. Who we (we)re…
    17. Who we (we)re…
    18. Who we are…not
    19. But then what happened????
      • ..bills are introduced.
      • 1st a midtown ban bill by Speaker Quinn (ignored)
      • Then intro 75, by Council member Gerson (has cap)
      • Then intro 331 A and B by the administration
      • Then fruitless negotiations
      • law passed/vetoed/passed
      • lawsuit!
      • Legislation Details for Int 0331-2006 Int 0331-2006 In relation to regulating and licensing pedicabs. Description: A Local Law to amend the administrative code of the city of New York in relation to regulating and licensing pedicabs. 05/10/2006 City Council Introduced by Council *     
      • 05/10/2006 City Council Referred to Comm by Council * Committee on Consumer Affairs     
      • 12/11/2006 Committee on Consumer Affairs Hearing Held by Committee *     
      • Proposed Int. No. 331-A 02/28/2007 Committee on Consumer Affairs Amendment Proposed by Comm *       
      • 02/28/2007 Committee on Consumer Affairs Hearing Held by Committee *      Proposed Int. 02/28/2007 Committee on Consumer Affairs Approved by Committee A    
      • Pass  02/28/2007 City Council Approved by Council A    
      • Pass  02/28/2007 City Council Sent to Mayor by Council A       
      • 03/30/2007 Mayor Vetoed by Mayor A     
      • Notice of Veto received 3-30-007
      • 04/20/2007 Committee on Consumer Affairs Approved by Committee A    
      • Pass  04/20/2007 Committee on Consumer Affairs Hearing Held by Committee A       
      • 04/23/2007 City Council Overridden by Council A     Pass  
    20. Aspects of NYC pedicab law added without public comment - no bike lanes/ no bridge crossing…
      • §20-259 Restrictions on the operation of pedicabs.
      • b. A pedicab driver shall not:
      • 1. operate a pedicab to transport more than three passengers.
      • 2. operate a pedicab in motion while a passenger is standing in such pedicab.
      • 3. operate a pedicab on any bridge or in any tunnel or in any bicycle lane.
      • 4. permit a pedicab to be operated simultaneously by anyone in addition to him or herself.
      • 5. operate a pedicab that is designed or constructed to permit propulsion by more than one individual at any one time.
      • §19-171.1. Multi-passenger wheeled device and motorized pedicab prohibited.
      • 1. “Motorized pedicab” shall mean a wheeled device that is designed and constructed to transport or carry passengers, that is propelled in whole or in part by other than human power, and that is operated to transport passengers for hire.
      • 2. “Multi-passenger wheeled device” shall mean a wheeled device with three or more wheels that is designed and constructed to permit seating by more than two people, that is propelled by human power,and that is designed to permit propulsion by more than two individuals simultaneously.
      Aspects of NYC pedicab law added without public comment – no multiple pedalers & no assist
    21. Aspects of NYC pedicab law added without public comment – NYPD can ban pedicabs during holidays!
      • f. If there are exceptional circumstances, the police commissioner, in consultation with the commissioners of the departments of consumer affairs and transportation, shall be authorized, upon notice, to restrict or prohibit any pedicab driver from operating his or her pedicab on any street, avenue or other location for a specified period of time.
      • Such specified period of time shall not exceed 14 days except, during the period that commences November 12 and concludes January 7 of the following year, in and around the area of Manhattan bound on the north by 59 th Street, on the south by 39th Street, on the east by Lexington Avenue and on the west by 8th Avenue, the 14 day time limit shall not be in effect.
    22. And the one that blew up the community…
      • §20-251 Cap on pedicabs . a. The commissioner shall not issue registration plates or replaceable registration tags or decals, pursuant to section 20-255, to more than three hundred and twenty-five pedicabs at any one time.
      • That’s 325!
    23. Absent regulations, a best practices organization
    24. Code of practice…
    25.  
    26. take an ad in your local paper just for kicks…
    27.  
    28.  
    29. You know you’ve really made it when you have a court case caption…
      • SUPREME COURT OF THE STATE OF NEW YORK
      • COUNTY OF NEW YORK : IAS PART 19
      • ____________________________________________
      • In the Matter of the Application of
      • NEW YORK CITY PEDICAB OWNERS'
      • ASSOCIATION, INC., NEW YORK PEDICABS,
      • INC., d/b/a MANHATTAN RICKSHAW COMPANY,
      • MR. RICKSHAW, LLC, and SHOSHANNAH
      • PEARLMAN,
      • Petitioners,
      • Index No.
      • -against- 112671/07
      • NEW YORK CITY DEPARTMENT OF CONSUMER
      • AFFAIRS and CITY OF NEW YORK, Respondents.
      • ______________________________________________
      • EDWARD H. LEHNER, J.:
      • This litigation was commenced as an Article 78 proceeding to invalidate regulations issued by the Department of Consumer Affairs (“DCA”) that allegedly are in conflict with the statute authorizing the issuance thereof. At oral argument it was
      • agreed that the court may consider the petition as one seeking a declaratory judgment
      • The instant dispute emanates from the enactment of Local Law 19 [Chapter 2 of title 20 of the Administrative Code of the City of New York] (the “Statute”), which became effective on April 23, 2007 when the New York City Council overrode the
      • veto of the Mayor. The law seeks to regulate the pedicab business in the City by requiring all pedicabs to display a registration plate, but limits the number of plates
    30. What NYCPOA Requested
      • 1) Don’t allow non-pedicab owners to apply for business licenses and plates; law specifically acknowledges giving priority to existing businesses; even better – to existing responsible owners (i.e., had liability insurance, etc.)
      • 2) Don’t allow an owner of 1 pedicab to apply for up to 30 permits; only allow Owners in the “established business” category to apply for permits for cabs presently owned;
      • 3) Don’t allow the use of traffic tickets as proof being “in business” prior to passage of law.
    31. the judge signed a stay of the law
    32. tribal infighting…naturally we got slammed
    33. DCA would conduct a lottery of the permits!
      • If the number of applicants with outstanding requests at the beginning of a round is more than the number of registration plates available to be issued, then each of the remaining applicants shall be assigned a coded identifier that will be the basis for randomly selecting the number of applicants equal to the number of registration plates available for that last round. Each of such randomly selected applicants shall be assigned one of the remaining registration plates, regardless of the group to which the applicant belongs.
    34. and NYCPOA took hits on blogs…
      • So, why do Chad Marlow and NYCPOA say the cap is not arbitrary and capricious? Because there is a limited  number of pedicab drivers who are willing to work all year round. If there is a limited number, that means elimination of the competition between the fleet owners to get the pedicab drivers. They want to use it.
      • My legal advice to fleet owners:
      • You guys should attack the cap and turn the law of 325 caps into NO CAP. You can not be satisfied with a decision of any sort of cap under written laws. I think this is the only legal way to save your non- legalized  business.
      • IBRAHIM
    35. and the city appealed…
    36. sample google searches – “pedicab regulation nyc”
      • Streetsblog » Quinn’s Pedicab Problem: Personal or Political?
      • Apr 12, 2007 ... For his part, David Pollack, executive director of the Committee for Taxi Safety ("Helping NYC's Safest Drivers"), says pedicab regulations ... www.streetsblog.org/2007/04/12/quinns- pedicab -problem-personal-or-political/ - 68k - Cached - Similar pages Streetsblog » Political Deal Results in Bad Pedicab Regulations
      • Feb 12, 2007 ... Here's what the pedicab industry has to say:. New York , New York - February 13, ... the Mayor's and City Council's pedicab regulation bills. ... www.streetsblog.org/2007/02/12/political-deal-results-in-bad- pedicab - regulations / - 66k - Cached - Similar pages More results from www.streetsblog.org  » Pedicab Owners Protest Pending Regulation - City Room - Metro ...
      • Aug 15, 2007 ... In February, the City Council approved a pedicab regulation bill over .... A 32-year-old Brooklyn man scaled the New York Times building and ... cityroom.blogs.nytimes.com/2007/08/15/ pedicab -owners-protest-pending- regulation / - 50k - Cached - Similar pages NYC Pedicab Association
      • The New York City Pedicab Owners' Association is dedicated to the issues that confront ... The pedicab industry welcomes regulation in terms of inspection, ... www. nycpedicab association.org/save_the_ pedicabs .htm - 19k - Cached - Similar pages [DOC] hello Matthew, Noah and others:
      • File Format: Microsoft Word - View as HTML Future regulation should also recognize that pedicabs contribute not only to clean air, ... 78-25 Metropolitan Ave, Middle Village New York 11379 ... nyc poa.org/info/savethe pedicabs .doc - Similar pages [PDF] P L , D C A ’ R S
      • File Format: PDF/Adobe Acrobat - View as HTML (“DCA”) pedicab regulations until a full hearing on the NYCPOA’s lawsuit against the DCA and City of New. York can be heard by a New York County Supreme ... www. nyc poa.org/pdf/stay_press_091907.pdf - Similar pages Testimony of David Snetman , Bicycle Campaign Coordinator ...
      • Bike Month NYC MAY 2008: Visit BikeMonthNYC.org for over 200 rides, races ... For any commercial pedicab regulations to improve safety, government agencies ... www.transalt.org/newsroom/testimony/1854 - 14k - Cached - Similar pages Legislation : Pedicab News
      • NYC .NY.US - Leroy Comrie, Comrie@Council. NYC .NY.US and ask them to postpone voting on the unfair pedicab regulations under considerations until more ... www. pedicab news.com/?cat=9 - 40k - Cached - Similar pages [PDF] Memorandum of Opposition
      • File Format: PDF/Adobe Acrobat - View as HTML May 24, 2006 ... LOHV- NYC and the pedicab industry strongly support, as regulations will ensure the safety of the public and the ... www.humane nyc .org/memos/memo331.pdf - Similar pages Pedicabs - Wired New York Forum
      • Jun 2, 2006 ... Pedicabs New York City Guide For Visitors. ... the administration of Mayor Rudolph W. Giuliani drafted pedicab regulations that would have ... wirednewyork.com/forum/showthread.php?t=5560 - 114k - Cached - Similar pages
    37. sample google searches – “pedicab conficts nyc”
      • New York Press - GEORGE CHEVALIER - Man Vs. Machine—and Horse
      • According to “The NYC Taxicab Fact Book,” an industry-commissioned effort, ... driver who co-owns Gotham City Pedicabs , says the conflict between horse and ... www.nypress.com/19/10/news&columns/8.cfm - 38k - Cached - Similar pages Pedicabs Steer a Hard Road
      • Feb 8, 2005 ... New York officials are still debating what form those regulations might ... " Pedicabs were causing a lot of conflict ," says Sandra Avants, ... www.businessweek.com/bwdaily/dnflash/feb2005/nf2005028_6699.htm - 56k - Cached - Similar pages [PDF] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : IAS ...
      • File Format: PDF/Adobe Acrobat - View as HTML in the pedicab business in New York City before April 23, 2007; .... for pedicabs not then owned, it also is in conflict with the Statute. ... graphics8.nytimes.com/packages/pdf/nyregion/city_room/20080117_LEHNER_DECISION.pdf - Similar pages Regulating Rickshaws (Gotham Gazette, March 6, 2006)
      • Mar 6, 2006 ... In fact, a group of businesses with a total of over 200 pedicabs recently formed the New York City Pedicab Owners Association to implement ... www.gothamgazette.com/article/fea/20060306/202/1778 - 30k - Cached - Similar pages village voice > blogs > Runnin ' Scared > Pedicab Smackdown : City ...
      • "They’re trying to find a way to profit off the new cap," says Peter Meitzler, head of NYC Pedicab Owners Association. "I don’t think they realize how ... blogs.villagevoice.com/runninscared/archives/2007/04/ pedicab _smackdo.php - 89k - Cached - Similar pages [PDF] In the Matter of the Application of New York City Pedicab Owners ...
      • File Format: PDF/Adobe Acrobat - View as HTML the applicant was engaged in the pedicab business in New York City before .... number of pedicabs owned, the regulations are in conflict with the enabling ... www.united pedicab .org/ nyc poavsdcadecision.pdf - Similar pages Mayor Will Veto Pedicab Bill - The Empire Zone - N.Y. / Region ...
      • Mar 30, 2007 ... Thanks to pedicabs , the air we breathe here in New York City is a .... empirezone.blogs.nytimes.com/2007/03/30/mayor-will-veto- pedicab -bill/ - 81k - Cached - Similar pages Mayor calls for probe as News reveals contacts by ex-aide
      • In New York , the growing popularity of pedicabs has caused conflict with drivers on the city's crowded streets and Mayor Michael Bloomberg wants to strictly ... www. pedicab blog.com/2007_03_01_archive.html - 176k - Cached - Similar pages
    38. sample google searches – “pedicab fight nyc”
      • MySpace.com - NYC Pedicab Drivers - 98 - Female - NEW YORK , NEW ...
      • Fight to preserve New York's PediCab culture! It is a peaceful, green, emission-free community of hard workers and forward thinkers. ... profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=112710195 - 119k - Cached - Similar pages pedicab videos, pedicab clips, the pedicab movies in the ...
      • Cached - Similar pages Streetsblog » Pedicab Limits: Let the Free Market Decide
      • Apr 13, 2007 ... This NY Sun editorial weighs in on the proposed pedicab .... This posting verges on drawing the fight against auto-dependence into wider..." ... www.streetsblog.org/2007/04/13/ pedicab -limits-let-the-free-market-decide/ - 62k - Cached - Similar pages Ponycab - 917-974-7300 - New York's best pedicab service
      • Pedicabs are a practical luxury in New York City. ... which include the Food Network’s Celebrity Food Fight , Eat This with Dave Lieberman and TLC’s Random ... www.po nyc ab.com/ - 8k - Cached - Similar pages City Prepares to Regulate Pedicabs - City Room - Metro - New York ...
      • Jul 3, 2007 ... The number of pedicabs — a form of transportation that has become increasingly ... In Queens, a Fight to Challenge a Veteran State Senator ... cityroom.blogs.nytimes.com/2007/07/03/city-gets-ready-to-regulate- pedicabs / - 50k - Cached - Similar pages bikescape : pedicabs at the crossroads in NY
      • Mar 18, 2007 ... Listed below are links to weblogs that reference NYC pedicab restrictions: ... This is a virtual fight that was created to squash any fears ... washcycle.typepad.com/home/2007/03/ nyc _ pedicab _res.html - 45k - Cached - Similar pages Quinn Wielding Her Clout in Contest Over Pedicabs - April 12, 2007 ...
      • Apr 12, 2007 ... A pioneer of the pedicab industry in New York , George Bliss, said the cap was ... Paterson Signals He'd Fight a Bloomberg Challenge ... www.nysun.com/new-york/quinn-wielding-her-clout-in-contest-over- pedicabs /52277/ - Similar pages 2007 : Pedicab News
      • PEDICAB DRIVERS TAKE FIGHT TO PUBLIC. March 26, 2007 | Leave a Comment ... The grassroots development of New York City’s hard-working pedicab industry is ... www. pedicab news.com/?m=200703 - 40k - Cached - Similar pages
    39. Community
      • Other voices, not always in unison:
      • Green Transporters
      • Pedicab Workers Association
      • NY Pedicab Drivers Network (list serve)
      • Pedicabnews.com
      • Rickshawforum.com
      • other forums…yelling at each other on the street, too!
    40. Solicit organizational support across the community
    41. …the future…?
    42.  
    43. Wait: wasn’t it about safety in the 1 st place?
    44. How to get out of this?
      • Get back on track and require proof of insurance and a driver’s license of all owners and operators (Ft Lauderdale example when you don’t)
      • Equipment inspections - lights, seat belts, maintenance
      • Owner identification on all pedicabs, rate cards, and cab ID numbers
      • Let the cap sunset in 2009 - strict regulations will limit the numbers of pedicabs
      • New York State will soon(?) revise its electric assist law to allow pedal - electric assist up to 1000 watts.
    45. How to get out of this part two?
      • What else can we do with pedicabs besides just street hails?
      • More organized events, group transfers, licensed tour guide drivers, theater on wheels…
      • Funding of public/private partnerships where pedicabs are hired by city/state D.O.T.’s to develop pedicab shuttles across town or across neighborhoods?
      • Possible work around for the future with ad client paid pedicabs that are “not for hire?”
      • Private family owned pedicabs, cargo trikes, pedal-powered school buses (like in A-dam).
    46. Pedicabs & New York City A relationship under development … Thanks and stay tuned! More info: nycpoa.org Manhattanrickshaw.com

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