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👩⚖️ NYTWA Brings Case Against TLC & City Over Surprise EV Exemption Reinstatement
New York Taxi Workers Alliance believes David Do's TLC acted unlawfully in reinstating EV Exemption to TLC Plate Cap. NYTWA seeks *immediate* action. Prominent experts also weigh in on TLC's decision
The fallout from the NYC Taxi & Limousine Commission’s (TLC) shock decision to “reinstate” the EV exemption the the FHV License Pause (TLC Plate Cap) on October 18th, continues.
The New York Taxi Workers Alliance (NYTWA), Amara Sanogo and Richard Chow filed a case against TLC Chair David Do, the TLC and the City of New York via an Article 78 of New York’s Civil Practice Laws and Rules (CPLR). They are looking for a “temporary restraining order and preliminary injunction” and called the TLC’s reinstatement plan “arbitrary and capricious”. In simple English, they want to IMMEDIATELY prevent the TLC from issuing any *new* EV-only FHV Licenses (TLC Plates) for a variety of reasons, many of which we’ve previously spoken about and overviewed.
LINK TO CASE WEBSITE
According to NYCourts.gov, an Article 78 proceeding is a New York Supreme Court case that can change an order made by an administrative agency, including compelling or prohibiting government action. NYTWA’s petitions, 33 exhibits (A to HH) and other relevant documents were filed by attorney Zubin D. Soleimany, Esq. (NYTWA Attorney Allison Langley, Esq. is also listed on court documents).
“This is an Article 78 proceeding to declare unlawful and enjoin implementation of the Taxi and Limousine Commission’s (“TLC”) decision to reinstate a previously duly-promulgated and since-repealed rule allowing for the issuance of an unlimited number of For-Hire Vehicle (“FHV”) licenses, without notice-and comment rulemaking. Alternatively, TLC’s decision does not determine a discrete number of licenses to be issued, as required by TLC rules, and disregards evidence regarding whether there is any need for further licenses, or their impact on driver income and congestion. As such, TLC’s reinstatement plan violates its own rules and is arbitrary and capricious.”
- Memorandum of Law in Support
“Absent this Court’s intervention, TLC’s reinstatement of the electric vehicle (“EV”) For-Hire Vehicle (“FHV”) license exemption rule, will allow for an unlimited number of new FHVs to come into service the, at a time when the TLC has stated that it recently compiled a waitlist of 100,000 persons interested in applying for a new EV FHV license. The licensing of an unlimited number of new FHVs will cause individual Petitioners and NYTWA members irreparable harm, as the oversaturation of the market with additional vehicles will dilute the amount of trips that drivers receive and the income they earn. The damages for the loss of income that will occur if TLC is permitted to issue an unlimited number of EV FHV licenses are irreparable as drivers cannot recover them in an Article 78 proceeding or through any other action”
- Affidavit or Affirmation in Support, Affirmation of Urgency
Komanoff & Schwartz Sound Off
Interestingly, prominent transportation policy and traffic experts Charles Komanoff and Sam Schwartz (a/k/a Gridlock Sam) also publicly criticized the TLC’s decision to reinstate the EV exemption to the TLC Plate Cap without further study and public feedback. In fact, Komanoff officially submitted an affidavit as part of NYTWA’s filing to support its case against TLC.
"Perhaps the commission imagined that the public wouldn't notice," Komanoff added, but the effect "will be anything but benign."
“Komanoff's affidavit also raised the specter of increased emissions from "upstream" energy sources for electric cars and their batteries, increased traffic injuries, increased noise and "other socially hostile vehicular impacts" from the new cars.
It all adds up to $300 million in annual societal cost, Komanoff said.”
- Streetsblog NYC article by David Meyer
Sam Schwartz (a/k/a Gridlock Sam), a former City Traffic Commissioner, also railed against TLC’s decision to reinstate the EV exemption. He described the decision as “bass ackward” in a Daily News opinion piece titled “Are more EV cars good or bad?: Raising the Uber/Lyft cap is a mistake”, published yesterday.
NYTWA October 20th Letter
As always, let us know your thoughts in the comments section below or by emailing us at info@automarketplace.com.
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