βπ NYC Attorney Andrea Bierstein Joins TLC Board of Commissioners
Distinguished NYC attorney Andrea Bierstein joins NYC Taxi & Limousine Commission (NYC TLC) Board. One seat remains vacant with City Council aiming to add two more TLC-licensed driver Commissioners
NYC attorney Andrea Bierstein joins TLC Board of Commissioners, a nomination that stems from Tonya Jenerette, who currently serves as chief strategy officer to First Deputy Mayor Sheena Wright
Bierstein has impressive legal background and delivered thoughtful testimony, notably voicing her support for a congestion tolling exemption for yellow cabs and potentially other FHVs
Ms. Bierstein also mentioned importance of balancing for-hire vehicle supply and trip demand to protect yellow cab industry
City Council Members Keith Powers, Selvena Brooks-Powers and Amanda FarΓas led confirmation hearing with Bierstein
8 of 9 TLC Board seats are now occupied, with Council Member Brooks-Powers (re)introducing legislation to add two more TLC-licensed driver Commissioners
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On March 20th, Mayor Eric Adams recommended Andrea Bierstein to serve as a Board Commissioner on the NYC Taxi & Limousine Commission (NYC TLC). On April 11th, Ms. Bierstein was confirmed, unanimously, by voting City Council Members.
The board seat she was nominated for appears to be filling an existing vacancy on the nine member TLC Board. Her term will expire in early 2029. It should be noted, and as we overviewed in January, TLC Commissioner term expiration dates seem to be a City Charter technicality versus hard deadlines that are enforced.
What normally appears to drive unplanned changes at the TLC Chair and/or Board Commissioner level is either a one-off controversy or the election of a new Mayor, although that isnβt necessarily always the case. In this regard, it should be noted that next year (2025) there will be a NYC mayoral election, which could impact TLC Board seats, especially who Chairs the influential NYC for-hire transportation regulator.
Why Is This Important?
The NYC TLC and its Board of Commissioners are:
ββ¦responsible for licensing and regulating for-hire vehicle, commuter van and wheelchair accessible van services as it relates to the overall public transportation network of the city; to establish taxicab rates, standards of service, standards of insurance and minimum coverage; standards for driver safety; standards for equipment safety and design; and standards and criteria for the licensing of vehicles, drivers and operators engaged in such services.β
Basically, the entire NYC for-hire transportation industry from FHV License issuance (a/k/a TLC Plates) to driver pay rates to Pilot programs are voted on by TLCβs Board of Commissioners. The TLC Board is essentially an unelected (appointed and then subject to approval by elected representatives of NYC Council) lawmaking regulatory branch of the Cityβs government.
Hopefully, the importance of understanding the background & viewpoints of those on TLCβs Board of Commissioners is obvious (if it wasnβt before).
All industry participants, from drivers to fleet owners to bases to insurance brokers, should know who the TLC Commissioners are. It is important.
With the recent addition of Ms. Bierstein, the TLC Board appears to consist of the following eight individuals, including Chair David Do. It appears there is now only one unfilled board seat.
Impressive Background
In a City Council hearing on March 28th, Ms. Biersteinβs opening remarks (see attachment below) reveal an impressive educational and professional background, including:
Graduating from Princeton and moving to Brooklyn in 1980
Graduating from NYU Law School
Living throughout the five boroughs since 1980
Serving as a partner at law firm Simmons Hanly Conroy for 20+ years
As it specifically relates to the the NYCβs for-hire transportation industry, Bierstein mentions some experience working as an attorney representing the NYC Transit Authority when they sued a manufacturer over defective buses. That being said, she readily admits most of her perspective is currently informed from being a long-time city resident and experience using for-hire transportation services over the ~45 years sheβs lived in NYC.
Below, we share Ms. Bierstein ~30 minute testimony presented to City Councilβs Committee on Rules, Privileges and Elections. Outside of Ms. Biersteinβs opening remarks, City Council Members Keith Powers, Selvena Brooks-Powers and Amanda FarΓas asked her questions covering a wide array of topics from congestion pricing exemptions to potential conflicts of interests to driver deactivations.
Note, Council Members Brooks-Powers and FarΓas are also both members of (Brooks-Powers Chairs) the influential City Council Committee on Transportation and Infrastructure. This Committee has jurisdiction over NYCβs mass transportation agencies and facilities, including the Department of Transportation (DOT), New York City Transit Authority (MTA NYC Transit, includes the NYC bus and subway systems), and the TLC.
We found Ms. Bierstein testimony measured and intelligent. When she didnβt have necessary detail or knowledge she was quick to admit that and seemed open to continue to learn about the industry. We congratulate Ms. Bierstein on her appointment to the TLC Board and overview her City Council testimony below.
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City Council Testimony
β Highlight β
βI think that to support taxis, other than through [a new congestion toll] exemptionβ¦would be to continue to monitorβ¦the fares and the driverβs share and making sure drivers continue to be able to earn enough money and if the demand for taxis doesnβt keep upβ¦I think the TLC has a number of tools at its disposal to be looking at matchingβ¦the number of available cars to the demandβ¦β
- Newly-appointed TLC Board Commissioner Andrea Bierstein (21:15)
*Table of Contents*
π 0:00 - Intro / Open remarks β 6:10 - Where does your nomination stem from? β 8:11 - What qualifies you for the TLC Board? β οΈ 10:13 - What do you see as the critical issues facing TLC? π 12:31 - Support a taxi/FHV exemption for new congestion tolling? β 14:18 - Current employment status? Conflicts (COIB)? π 18:05 - Could you explain congestion pricing stance more? What else can TLC do to support drivers and yellow cabs? π 24:27 - Do you support street hail for Commuter Vans? π₯ 26:50 - Uber / Lyft's ability to deactivate TLC drivers π 29:15 - Difference in standards between taxis vs. apps π₯ 30:28 - NYC rideshare app drivers ability to refuse service?
TLC Driver Commissioners?
Finally, as mentioned in Black Car News in late 2021, there was actually proposed City Council legislation that sought to increase the size of the TLC Board of Commissioners from 9 to 11. The proposal was summarized as follows:
βThis bill would increase the size of the Taxi and Limousine Commission (TLC) board from nine to eleven commissioners. The two additional commissioners would be required to hold a valid TLC driver license and would be appointed by the Mayor, with the advice and consent of the Council.β
- Int. 2247-2021 (proposed to NYC Council in 2021)
City Council Member Brooks-Power, as alluded to in her comments in the video above, has re-introduced (sponsored) this bill for this yearβs legislative session.
βThis bill would increase the size of the Taxi and Limousine Commission (TLC) board from nine to eleven commissioners. The two additional commissioners would be required to hold a valid TLC driver license and would be appointed by the Mayor, with the advice and consent of the Council.β
- Int 0139-2024 (proposed to NYC Council in 2024)
What a bad news, she is the one, according to this article, who pushed for TLC plates moratorium and pushed the drivers to rent plates from brokers. She is one of the reasons drivers are poor after all the hard work because good chunk of their income goes to brokers. She, in TLC, would work to help brokers keep leaching on drivers.