Sunday, March 30, 2014

LYFT DRIVERS AND THE POLICE AT LAX AIRPORT

 

HELLO FOLKS: Hope your year is going well so far. I’m still here, just busy with work and school that I have even less time to devote to my blog, but I’m still here and available to answer questions, if you have any. I may not have posted an entry lately, but rest assured I do go back in here from time to time to see what you have to say about the things I write about.

For this post I decided to try something different, and instead of you asking the questions, I will. I recently conducted this interview below for a school project for one of my broadcast journalism classes and decided the topic was so compelling that I posted the interview here on my blog. It is in audio format, so the 10-minute tape is a few paragraphs below, and the transcript, if you prefer to just read it instead, is even further down.

It seems getting some kind of transportation from the launch of an app from your smart phone is getting easier all the time. I remember the days when a Palm Treo phone ruled the world, and you could order a taxi by using an app like Taxi Magic to hail a cab. I also remember the days when Zipcar first came out, where you can rent a car by the hour, GAS AND INSURANCE INCLUDED, and make reservations for the nearest car in your neighborhood by launching the app to find the nearest garage. Depending on the time of day for as cheap as $7/hour, it could sometimes be cheaper than hailing a NYC cab to hustle across town in a Zipcar. But it recently seems that getting a ride around town is now on a totally different level . . .

“Lyft” is an Android or iPhone app that is a ride sharing service, which unlike Zipcar, where you share a Zipcar-owned car with other subscribers on an individual basis. With Lyft and Sidecar, instead of sharing the car, you share the ride in someone else’s private car with them driving in exchange for a fee. This is also opposed to a traditional taxi or limo fare where a professional driver in an owned or leased taxi or black car/limo is paid by providing car service, where you pay for both the car and the service combined. Have I already gotten you confused?

Well, apparently the LAX Police aren’t. For the past several months the Los Angeles World Airports Authority (LAWA) Police have been pulling over ride sharing car owners at LAX for various violations, strictly enforcing a state law that allows the state’s airports to apply different rules when it comes to regulating traffic that leaves the airport with extra fees and surcharges.

In this crackdown, there have been a handful of arrests at the airport, and hundreds of tickets issued to drivers from such phone apps like Lyft, Sidecar, and Uber. This crackdown doesn’t affect passengers who are looking for a ride. But it has had a significant impact on the drivers looking for passengers at the airport. Most of the violations are for things like not having the right insurance to carry passengers and not collecting the airport pickup surcharge. If the police start there, then that opens a whole new can of worms for the police to start looking for anything and everything once they stop a car for those violations alone, and from a legal standpoint, it’s all legit.

It is one thing to implement summary enforcement on professionals like a bus, truck, taxi, or limo driver, whom are all held to a higher standard, but another when the police start pulling over passenger car drivers for the same issues that effect professional drivers as well. It does grab the attention of many, and the impact has been jarring. Many of the tickets have been dismissed in court, but that doesn’t marginalize the experience of being pulled over by the police, sometimes with strangers in your car, served a ticket at roadside, and then going through the system for some kind of disposition and resolution. Apps like Sidecar and Uber have stopped some drivers from making airport transfers from the airport. Many ride sharing drivers have gone to social media to share their experiences about getting pulled over by the airport police, and getting tickets for things one would think they would never be cited for driving their own passenger car.

I interviewed “Jerry Gonzalez,” a Lyft driver who came forward anonymously to share his stories of what it is like to be a Lyft driver, and to explain what are the challenges he and his colleagues face when they pick up a passenger at LAX. He agreed to do the interview under the following circumstances:

1.  The interview would be 5-10 minutes long conducted at a time and location at the driver’s convenience.
2.     The conversation is recorded with the driver’s knowledge on the interviewer’s iPhone in the driver’s presence and is subject to examination by anyone requesting or inquiring about its authenticity.
3.   The pre-determined purpose of this interview was to discuss the law enforcement related controversies of Lyft driving, particularly at LAX.
4.     Depending on the broadcast quality, the driver understood that this conversation and transcript might be posted on the interviewer’s blog sgtalcastro.blogspot.com at a later time as it contains valuable content of a police related nature.
5.     The driver understood that this interview was primarily for a college assignment.
6.   It was understood that this interview would be done anonymously with the driver using a fictitious name to protect his identity from recrimination either by authorities, Lyft, or his personal car insurance company.
7.     I promised to protect the driver’s true identity.

Click here to listen to his story:  



Here’s the transcript:

Thank you “Jerry” for joining us to share some of your experiences with us.

Q.   Tell me in your own words what is Lyft and how did you get involved in it?

A. Sure, Lyft is a ride-share application through your smartphone that passengers are able to download from the website Lyft.com and set up to get service. I’ve been involved with Lyft for the past six months. I made a mental note to myself to use them the next time I went to the airport and I did. I really enjoyed them. I enjoyed their friendly service; it’s such a different experience than riding in a taxicab. At some point another driver asked me if I wanted to become one and here I am.

Q. How do you get paid? How does that process work?

A. What happens is at the end of each Lyft ride a passenger gets a fare and we get paid once a week 80% of our fare and 20% goes to Lyft. If there are any credit card issues, Lyft pays the driver anyway if the charges don’t go through.

Q. So if you get stiffed in some way Lyft will cover that expense for you.

A. Yes if the credit card gets declined, that is correct.

Q. What are some of the positive experience that you had with Lyft; are there any unusual experiences you had? You often hear about the dynamics of a taxi cab driver; is the dynamic similar to that of a cab driver? Are the dynamics of your job similar to that?

A. I’m sure it is. I can’t speak for cab drivers, but my Lyft experiences have been very positive. It’s always been interesting, like I have several passengers who are actually bicyclists who have gotten flat tires and they’re out in the middle of the road in the middle of the night in a panic trying to get home and they call Lyft. It gives me a lot of satisfaction to be able to pick them up and rescue them; put their bike in the back of my car, and get them home safely. At one point a female bicyclist called me her “nighttime savior.”

Q. Have there been any negative experiences being a Lyft driver?

A. Yes there have been, as far as negative that would involve picking up young adults in West Hollywood coming out of the clubs intoxicated. The negative experiences have been when I ask them to please put on their safety belts and they decline. I remind them that this is the state of California law and not me trying to be mean. One time there were these three passengers who refused to put their seatbelts on so I went ahead and informed them that their Lyft ride had ended and told them to please exit my car.

Q. So you threw them out right on the side of the road?

A. No, I didn’t throw them out; I actually asked them to leave. I forewarned them three times to put on the safety belt and they refused. At that point I figured you know what? If they aren’t concerned about their own safety to argue about it with me, why should I take the risk to give them a ride? So at that point I ended the ride and asked them to get out of the car.

Q. So it ended that way?

A. Correct. At first they tried to backpedal, and said, “oh we’ll put them on,’ but at that point I had ask them three individual times to put them on, that they refused, so at that point I didn’t want to argue any more.

Q. Since we are talking about safety, let’s talk about your interaction as a Lyft driver with the police. I’ve read a lot of controversy lately between Lyft drivers and the police, particularly at LAX airport. I understand that they can be quite aggressive in their enforcement over there, and I also understand that there are extra laws over there that pertain to you that are causing the enforcement, and why they are out there. What has been your experiences, or those experiences with other Lyft drivers, as far as the police at LAX?

A. Sure I’ll first give you my experiences and then those I’ve heard from other Lyft drivers. My experiences have always been very positive. We’ve been told by Lyft management that when we go to the airport to remove our mustaches from the front of our cars.

Q. What is that mustache?

A. It’s a pink mustache that we put on the front of our grilles and it’s for branding and marketing purposes. Its like Nike has their swoosh and Lyft has their mustache.

Q. Is there any meaning behind the mustache?

A. It’s just about recognition and safety because what happens is a lot of passengers and drivers when they request a lift they’ll pick up passengers and the passengers will know that this is their ride with the pink mustache. Some of the other services don’t have branding like we do . . . so anyway we were told to remove our mustaches. My experiences have been very positive. I’ve never been harassed by the police because I’ve adhered to the guidelines that Lyft has forwarded to us. On the other hand, I have heard of other drivers that have been harassed where in most of those cases they haven’t taken their mustache off. Recently the police at the airport have been cracking down on these ride share companies coming into the airport, primarily for two reasons: one is insurance, the other is the airport needs to collect their $4 pick up fee for any transportation company that brings a passenger into the airport.

Q. The $4 collection fee seems to be the focal point as to what the LAWA Police seems to be enforcing, is that correct?

A. Correct.

Q. Now what about the insurance?

A. The LAX police want to ensure that any transportation company that picks up passengers is insured, that they have commercial insurance. My understanding from what I’ve read is that my company Lyft has a $1 million liability coverage for any incidents that occur while on our way to pick up passengers or while we have passengers or in our car. I personally believe our current insurance covers or meet the requirements of commercial. What’s been happening it that Lyft has been having an issue with the $4 fee. Lyft has finally agreed, and said fine, let’s deal with the fee. I understand that Lyft is now in the process of negotiating the fee with the LAX police to get that resolved, so that we can go there without incident to pick up passengers.

Q. Do you know how those negotiations are coming along? Are you anywhere close to an impasse where you’ll be able to go to the airport and not worry about being pulled over by the police? 

A. Two weeks ago Lyft sent out an email to all the drivers indicating that they were in the process of negotiating with the police department to settle the $4 fee. So that’s news to me because at first they were trying to fight it because Lyft felt that the $4 fee was for taxis and we’re not considered a taxi service. We went through the California Public Utilities Commission to identify our business model and they identified us as a transportation network company, not as a livery service. My understanding is that any citations or any legal fees that any drivers incur during this ticketing process, that Lyft will cover them. The contention is the citation number that gets issued to these drivers for operating illegal taxis, gets kicked out of the courts because we are not a taxi service. So even though the police at the airport are citing drivers, I have not heard of them going further than being dismissed.

Thank you Jerry Gonzalez for joining us and for sharing your experiences with us with Lyft the smart phone app ride sharing service.

For those of you following me on Twitter, I will continue posting interesting news articles that are somehow related to my posts, so I suggest you click here to follow so you can get interesting stories related to traffic, transportation, vehicles, the police, the law, and crime. Keep on re-pinning and following me on Pinterest with my unusual and interesting photos, and if you by chance find me using one of your photos to your praise or objection please let me know. If you have any questions to ask me, don’t be shy: use the form below or leave me a message after each post.


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Thursday, September 26, 2013

UNOFFICIAL RESERVING OF PARKING SPACES


HELLO SERGEANT AL: My Flushing, Queens neighbor has been stealing traffic cones and poles from the city and placing them in front of his own residence to save the street parking for his own private use. I complained to the New York City's 311 non-emergency hotline number, and got a claim number, but when I checked the status it said, ".........The police department has determined that police action was not necessary." 

How can this be? You mean I can actually block a street parking spot in front of my house by stealing a cone from DOT (NYC Dept. of Transportation) or Con Edison? What can I do? Please help me. --PARKING VIP IS NOT FOR ME

DEAR NON VIP: MY GOODNESS: unofficial reserving of parking spots in Queens is such a NYC thing a lot of suburban household NYC residents do. It is quite annoying, illegal, and quite frankly, SELFISH. JUST BECAUSE A PARKING SPOT IS IN FRONT OF YOUR HOUSE DOESN'T MAKE IT EXCLUSIVELY YOURS, OK FOLKS? 

You see this happening more frequently in the NYC outer boroughs like Queens, Brooklyn, the Bronx, and especially Staten Island, and more particularly and notoriously in the working middle class neighborhoods like Flushing, Bensonhurst, and Morris Park, where parking spaces are few, houses on top of each other are plentiful, and the residents have a sense of entitlement when it comes to parking in front of their own houses. You see this particularly after a snow storm when a resident has shoveled out their car to assume with entitlement that the shoveled space has now become theirs. But the law says differently:
The "Unofficial Reserving of a Parking Space" section of the New York City Traffic Rules s.4-08(n)(7) specifically states:

"It shall be unlawful for any person to reserve or attempt to reserve a parking space, or prevent any vehicle from parking on a public street through his/her presence on the roadway, the use of hand signals, or by placing any box, can, crate, handcart, dolly, or any other device, including unauthorized pavement, curb or street markings or signs in the roadway."

311 wasn't particularly helpful in your case NON VIP because the cops probably did go by to observe the condition but couldn't take action because:
A) The violation probably went away. Your neighbor had already parked his car to no longer need his detour of stolen traffic cones and pylons, or
B) The cops need to be present to observe your neighbor actually setting up VIP reserve parking or see him standing by the detour with the expectation of reserving parking.
These chairs are not set up for a Sunday afternoon high tea social . . .
The next step I suggest is simply moving the objects out of the way and park your car as you are entitled to do under the law. Don't let your neighbor stop you from parking your car in what is a legal parking spot for ALL citizens, not just his!

If you are afraid of vandalized reprisals to your car however, then the next step is snapping a picture of your neighbor's unlawful parking detour, preferably make a video of him setting it up, then go into your police precinct station house with the 311 claim number and show your photo evidence by speaking with a supervisory officer, either the desk officer or the precinct commander or the executive officer, then put the coals to his or her fire to make sure that his/her cops follow up to make sure that your "RESERVED FOR VIP PARKING" neighbor gets the message that reserving spots on the street are illegal and won't be tolerated on your block!

Good luck!



P.S. If you actually ask me, this is how I would personally solve this problem of someone who illegally reserves a parking spot on the street: CLICK HERE:

http://youtu.be/ILocnQNRQ1o


For those of you following me on Twitter, I will continue posting interesting news articles that are somehow related to my posts, so I suggest you click here to follow so you can get interesting stories related to traffic, transportation, vehicles, the police, the law, and crime. Keep on re-pinning and following me on Pinterest with my unusual and interesting photos, and if you by chance find me using one of your photos to your praise or objection please let me know. If you have any questions to ask me, don’t be shy: use the form below or leave me a message after each post.

Be safe out there.

Humbly Yours,


SERGEANT AL




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Tuesday, May 28, 2013

DOES DMV HAVE TO NOTIFY ME FOR MY LICENSE TO BE SUSPENDED?

HELLO FOLKS: It’s me again. Hope all is going well. I’ve been working lately, so trying to answer your questions will take a little more time, so please be patient. For those of you following me on Twitter, I will continue posting interesting news articles that are somehow related to my posts, so I suggest you click here to follow so you can get interesting stories related to traffic, transportation, vehicles, the police, the law, and crime. Keep on re-pinning and following me on Pinterest with my unusual and interesting photos, and if you by chance find me using one of your photos to your praise or objection please let me know. If you have any questions to ask me, don’t be shy: use the form below or leave me a message after each post. Here’s another interesting question that someone asked me recently via the form you fill out below in my blog:
DEAR SERGEANT AL: It is my understanding that to be guilty of driving with a suspended license in California (Los Angeles County) you need to be aware your license was suspended. I had a ticket that became a Failure to Appear warrant in February. I was stopped and ticketed in April for running a stoplight and not warned or cited that my license was suspended. On May 10 in Downtown LA, a LAPD officer stopped me for a malfunctioning brake light, in the investigation he found my license was suspended - it had only been suspended on May 5, five days prior. Since I was ticketed in April after my February warrant and that my license was only suspended 5 days prior to the brake light - is this an appropriate and likely defense to fight the suspended license ticket?   –LICENSE IN SUSPENSE

DEAR IN SUSPENSE: Thanks for asking for my opinion as you raise excellent issues, but you are better off letting a traffic lawyer determine if this is a good excuse or not. I think your defense is iffy and probably doubtful, but better yet and above all else, I strongly suggest that you go talk to a traffic attorney since a license suspension or revocation right next to things like excessive speeding (31 or 41 mph or more over the speed limit) or passing a school bus with flashing lights is the most serious of traffic violations that begs for a lawyer. A traffic attorney might be able to weed out the root cause of the suspension, determine if your excuse might be a good defense for you, and perhaps lay another defense in court to find a way to get your license suspension lifted. Depending on the circumstances, a license suspension in California is a misdemeanor. Also to consider: California does things a bit differently than other states when it comes to suspended driver's licenses in that a California prosecutor must prove that you knew that your license was suspended. I understand that this might be a bit tricky but not impossible to prove. You might have something with the April car stop that might help you with a defense. So after reading this please go speak to a traffic attorney.
It is these kinds of questions and circumstances surrounding a license suspension that remind us all that driving is a privilege and not a right. While it is the responsibility of the Department of Motor Vehicles to try within reason to notify you with the contact info you supplied them of an impending license suspension, you generally do not in fact need to be officially notified for your license to in fact become suspended. If the DMV made every effort to notify you to no avail, they will go ahead and suspend you, as they did in your case. If we had it your way either nobody would take the licensing process seriously, or nobody would become suspended to avoid at all costs of being notified of a suspension. To address some of the issues you raise IN SUSPENSE, consider the following that a prosecutor might use against you:

1. "I had a ticket that became a Failure to Appear warrant in February," means that: If you were properly identified at any car stop by the police with your ID, the mere fact that you were issued a ticket for a traffic violation with a return date to appear in court that you had to sign for (if it was in fact issued in California) and you decided not to show up, is prima fascia evidence that: 

a) you were aware that you were stopped for a violation by a police officer, 
b) the officer informed you of his/her observation of the violation, 
c) you were issued a ticket and the officer notified you of the court date that appears at the bottom of that ticket should you decide to either take no action or plead not guilty, 
d) regardless of these circumstances you in fact DID NOT appear in court on that date to respond to the charges against you, and
e) you continued driving with reasonable cause to believe knowing your priviledge was revoked or suspended, or
f) a judge in open court SO ORDERED the suspension, or
g) the police confiscated your license on a previous ticket, or
h)  a DMV notice was sent to the right address and not returned as unclaimed or undeliverable.

You have therefore set yourself up for your license to be suspended for non-appearance. Remember that a ticket is an accusatory instrument that is issued in lieu of a lawful arrest. Instead of arresting you at the car stop for a traffic violation (yes the police can do that if they want to), the officer is letting you go with an appearance ticket to appear in court to answer the charges. That's what a traffic ticket is all about. The onerous is on you, and not the DMV or the court. Some possible defenses you could use are:

a) you were never notified of the suspension by mail,
b) you had an emergency that gave reason to drive,
c) computer error, and/or
d) mistaken identity.


2. Even though the Failure to Appear Warrant was issued in February, it took until May 5th for your license to become suspended. This might be because of a computer error, or that it took time to try to notify you to success or failure. DMV maybe was trying to get in contact with you. Since you last applied or renewed your license, has your address changed? Do you have a different residential or mailing address than what might appear on your license? Have you taken U.S. Mail Forwarding off your old or temporary mailing address since you last moved or were on vacation? These are the kind of things we often overlook that often finds us with warrants or notices of violations unanswered, parking tickets/bills unpaid, car insurance policy lapses, and licenses or registrations suspended or not renewed. Most states give you one week to update your address, no excuses. Remember that failure to notify the DMV of an address change within a certain time period is a violation onto itself you also can be cited for . . .

3. The cops don't always  run your license every time you get stopped, so sometimes you don't find out about the suspension right away. My intuition tells me that the April officer did not run your license. If he/she did, the officer would have discovered the February warrant. Depending on the jurisdiction in which you were stopped, the officers who stopped you in all of these traffic stops may or may not have been obligated to run your license to check if there were any suspensions. Some jurisdictions require every stop; some require if circumstances warrant or if the equipment in which to check is available. The fact is that in the real world sometimes not everyone can get a license or plate check. The police dispatcher can be too busy or sometimes police duty to a higher calling can abruptly end a traffic stop by a police officer with just a tongue-lashing, a let-go, or with just a simple ticket and no computer check because a high priority job just entered the queue and the officer has to immediately respond. This is where you often hear about people who say they talked themselves out of a traffic ticket, when really nothing was further from the truth. The fact probably was that the cop suddenly had more important things to do and Mr. Smooth Talker just suddenly became an obstacle because something like a gun run just came over the air from 911, as opposed to the focus of attention he was to the cops just a few minutes ago with his shitty driving. If I had a dime for every time I pulled a motorist over for a suspended drivers license I didn’t know and didn’t find out, let alone for being on the FBI‘s most wanted list that got away, I would probably be a millionaire from doing police work. IN SUSPENSE you may not realize it with your frequent flier miles with the police these many times that you’ve been stopped for these too many violations, but sometimes you get the bear and sometimes the bear gets you. 


Now that you’ve been suspended, this is what I suggest you do if you haven’t already, aside from you being more careful how you drive so that you do not stand out for another ticket:

1. Turn in your license. Don’t play games, and don’t get caught driving again: next time you’ll go to jail if the next cop runs your license. Make a color photocopy of your license to keep for yourself, and either mail the original in or turn it in to the local DMV. Apply for a state ID card if you don’t have any other ID so that you’ll be able to catch a flight or cash a check if you need to.
2. Apply for a temporary or restricted use license. You can do this at a local DMV office. You still need to drive to work or school. If you get one, don’t play games with this either. Go straight to where you need to, school or work, and nowhere else, OR ELSE.
3. Talk to a lawyer. A traffic lawyer please, and not your cousin Vinny, the real estate lawyer. And don’t be cheap about it; this is your license we’re talking about, even if you have to mortgage the house to hire a lawyer to resolve your license suspension. Since this is in Southern or Central California, please email me back if you want a referral for a great attorney who deals in traffic law. Plan on spending at least $300 - $1,000 for initially the bail that will eventually become a first time conviction fine and at least $1000 for the attorney's fees, well worth the investment.

Good luck with lifting your suspension(s) and please be more careful driving. The problem here is not necessarily that your license keeps getting suspended that you apparently are unaware, but more that you are getting stopped for violations you need to take more care about to avoid. See my related posts down below on avoiding or fighting a traffic ticket when you get stopped to help you out of this quandary. Thanks for the great question.


Suspense-fully Yours,

/s/
SERGEANT AL

Suggested Reading:
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Am I allowed to walk on a highway?
Suggested Reading:
The definition of a “Concours” car and event
Suggested Reading:
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What is the new national terror alert warning?
Taking photographs at off-limits tourist landmarks .
What happens during a high-speed hot police pursuit across state lines or into Mexico or Canada?

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