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Thread: NYCTLC Determines It Has No Authority To Regulate We-Drive-U

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    Super Moderator gunny's Avatar
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    Default NYCTLC Determines It Has No Authority To Regulate We-Drive-U

    Oct 6, 2009

    [in part]

    We have completed our final review and based upon the facts as we understand them, have concluded that neither Avis nor the service are subject to regulation by the New York City Taxi & Limousine Commission. Among the factors contributing to our conclusion are the following:

    Avis is only a rental car and not a driver, and the services of the driver are not included in the Avis rental contract.

    Any Avis rental car customer desiring to obtain the services of a driver must arrange for contract for, and pay for such services separately and apart from the cutomer's rental of the car from Avis.

    Avis does not set rates or contract terms for the arrangement between Avis's vehicle rental customer and the We Drive You service. Among other things, the use of the driver service need not match the time of the vehicle rental in duration

    Avis does not act as a base because it does not "dispatch" in the sense of pre-arranging destinations with a customer, setting the fare for those destinations and conveying the destination and fare information to the driver.

    /s/ Matthew W. Daus
    Commissioner
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    So how much did avis pay off these guys.
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    So the message is to start a rental car(limo) company with separate driver prices. Something where you rent the limo out to a client for whatever price, but you require that they use an approved chauffeur that has so many years of experience and is insured to drive your vehicles. Of course they will have to call a separate number to arrange that, but it seems to be legal with precidence. Imagine all the money you'd save not having to have the minimum commercial insurance required by agencies, and of course no more permit fees and inspections.
    Tough times don't last. Tough people do.

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    Super Moderator gunny's Avatar
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    Quote Originally Posted by wflimonj View Post
    So how much did avis pay off these guys.
    What I've read on Daus, I would say nada was paid.

    As I understand it, he was very supportive of NY's reciprocation law even though the TLC would lose revenue.
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    Super Moderator gunny's Avatar
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    Quote Originally Posted by Geoff Levine View Post
    So the message is to start a rental car(limo) company with separate driver prices. Something where you rent the limo out to a client for whatever price, but you require that they use an approved chauffeur that has so many years of experience and is insured to drive your vehicles. Of course they will have to call a separate number to arrange that, but it seems to be legal with precidence. Imagine all the money you'd save not having to have the minimum commercial insurance required by agencies, and of course no more permit fees and inspections.
    You would have to willing to turn the keys over to the renter.

    That said, nothing illegal about starting a "short term" car rental biz under one name and a "I Am Your Driver" biz under another name.

    I do a half doz jobs a month driving old folks around in their POV as a personal chauffeur.
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  6. #6

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    Quote Originally Posted by gunny View Post
    You would have to willing to turn the keys over to the renter.

    That said, nothing illegal about starting a "short term" car rental biz under one name and a "I Am Your Driver" biz under another name.

    I do a half doz jobs a month driving old folks around in their POV as a personal chauffeur.
    I would turn over the keys to the renter as long as they had an "approved" driver with so many years of chauffeur service and that were insured to drive the vehicle. Plus, I would have a major discount for them to use a driver from my affiliate "I am your driver" biz. I was thinking and Excursion limo would rent for $125/hr or a daily price(or partial daily price) and the driver would go for minimum wage.

    But honestly, I wouldn't want to dance around the law personally. It's too much of a pain in the ass. But I think that Avis is going to take advantage of this loophole and really start to grow in this area. But as for the 1 car gypsies out there, they can just say their car is free and they are being paid as drivers. It opens the door to a lot of BS.
    Tough times don't last. Tough people do.

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    Super Moderator gunny's Avatar
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    Quote Originally Posted by Geoff Levine View Post
    I would turn over the keys to the renter as long as they had an "approved" driver with so many years of chauffeur service and that were insured to drive the vehicle. Plus, I would have a major discount for them to use a driver from my affiliate "I am your driver" biz. I was thinking and Excursion limo would rent for $125/hr or a daily price(or partial daily price) and the driver would go for minimum wage.

    But honestly, I wouldn't want to dance around the law personally. It's too much of a pain in the ass. But I think that Avis is going to take advantage of this loophole and really start to grow in this area. But as for the 1 car gypsies out there, they can just say their car is free and they are being paid as drivers. It opens the door to a lot of BS.
    In closed markets, this can be a way in though. That's why certain areas are fighting it so hard. They are looking at losing their payola fed monopoly.
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    Senior Member TBLIMO's Avatar
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    I see that the TLC had the balls to recognize that the law is the LAW, not like the Gestapo here in Tampa and their lying lawyers (Jay, I know that you are reading this, see you in court and hmmm, bill the PTC for your reading time).
    Last edited by TBLIMO; October 8th, 2009 at 03:23 PM.
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    Junior Member Limo Padawan
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    Have to admit ,something shady about it.
    Heck,that means why go to TLC to operate legal .Why not just open up as a car rental and do the same thing as AVIS and if you get caught doing it ,you can always say Hey,AVIS does it also to.Somebody is getting paid.

    Ed

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    Its just odd jersey told them no but ny said ok
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    Super Moderator gunny's Avatar
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    Quote Originally Posted by wflimonj View Post
    Its just odd jersey told them no but ny said ok
    Jersey didn't say no. The PA said no to conducting such ops at the transportation hubs as it violates the current concession contracts. All Avis has to do is set up a shop off the transport hub properties.
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    And where is the NLA? Oh that's right gas guzzler and RIDE Act. My bad.
    I want to die while asleep like my grandfather,
    not screaming in terror like the passengers in his car.

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    Very true gunny. I misunderstood what they said.
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    Senior Member Limo Padawan MrGoldwing's Avatar
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    Everybody in NYC is paid under the table. There is a lot we probably dont know about. Everybody is connected in NY. Sleeping with enemy is a common thing.

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    Super Moderator gunny's Avatar
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    Default The Chicken Little's Are Out

    NYC's TLC ruling on Avis/We-Drive-You sure has the Chicken Little's crying an end to VFH as we know it.

    We have one Chicken Little wondering what the effect would be if every NY car service took off on the Avis/We-Drive-You model. How stupid. Like DavEl will suddenly break into DavEl Rent a wreck & ElDav rent a driver. Don't want the driver, no problem, DavEl will hand the keys over so you can drive yourself.

    The same Chicken Little places the decision on Commissioner Daus' shoulders whereas his letter clearly explained that this situation was reviewed by several NYC Attorney's including the TLC's general counsel & the legal beagles who guide Duas' decision ruled that the Avis/We-Drive-You does not violate the law.

    A major blow to the Industry? No Chicken Little. Might tweak a few big shots a little & that's good, but for the vast majority, who really gives a shit about Avis?
    Last edited by gunny; October 13th, 2009 at 04:07 PM.
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