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Thread: Another NLA Con Job!

  1. #61
    Super Moderator gunny's Avatar
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    Originally posted by Limo Scene:

    Now, moving on to Michael's comments. I understand where you are coming from and in fact, you are not too far off the mark. The CITY of Los Angeles did exactly what you mentioned. They told me I had to get a City of Los Angeles Business License. I argued. I moaned, I groaned, I stated my case that I don't do business in Los Angeles. All arrangements/transactions are handled in my Bakersfield based office. They refuted that I used "their" airport to earn income. Therefore, I was "transacting business" on Los Angeles City property and must be licensed. They went so far as to send me a yearly worksheet to report how many times each vehicle goes to LAX in a calendar year and continue to tax me on that basis. Was I pissed? Yes! Just as you predicted I would be.
    Question for Luff is:
    Suppose California had a State Law that basically reads, "No local government entity shall unduly restrict or impose any economic regulation upon passenger VFH solely engaged in intercounty transportation".

    Now you enter LA for the sole purpose of loading your passengers for transport to Bakersfield (intercounty) & LA attempts to apply their economic regulation to this. Do you:

    ( a ) Moan & groan & pay up?

    ( b ) Man-up & challenge LA in the courts for violating the State Law?
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
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  2. #62
    Super Moderator Limo Scene's Avatar
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    Thank goodness for you soldiers out there for braving the government agencies that threaten the industry. I guess it is all about picking and choosing battles. I am way too busy running several businesses to get bogged down in all that but admire and appreciate those that take the time and money to do so. My single most important benefit out of the NLA is the book. It makes it fast and quick to find someone in small cities that may not be served by a big network. For the very small fee we pay to the NLA, it is truly worth it to me as time is money and it is a quick reference tool. I hope if I ever need a "rescue" that they would come and aid me. I have a true belief they would. Good luck with your battle Gunny.
    Jim A. Luff
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    Contributing Editor & Consultant - LCT Magazine

    Limousine Scene - An Award Winning Company Since 1990
    Bakersfield, CA
    Limousines, Sedans, Vans, Charter Buses, Limo-Buses, Wheelchair Vans www.limousinescene.com

  3. #63

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    Grandmaster Luff, The NLA is backing me on the current battle to rewrite the City Transportation Code. My position is an open market with no restraint of trade. Fair is fair-I needed to state that.
    Dean Schuler

  4. #64
    Super Moderator Limo Scene's Avatar
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    I understand what you are saying Dean but we could get into a whole new discussion on what "restraint"is. I feel "restrained" every day in what I do. I mean, why do I have to pay $2 to LAX everytime I do a pickup there on top of the yearly fee to have a license. Why do I have to submit to CHP inspections which take up time which equals money. Why do I have to pay taxes to PUC every quarter when I could use that same money as a down payment on a new car. Why do I have to pay overtime to a guy who works a 15 hour day and that will be his only work from me this week because he is a part timer? The list goes on and on. Again, I simply don't have the time to "man up and go to court" on every single perceived injustice when in fact the rest of my brethern industry people are subjected to the same rules of the sandbox. Dean, you have now seen the entire operation. I have a body shop, a metal finishing shop, an industrial tank valve manufacturing business and the limousine business. We can't forget my part-time, for-fun, bartending job. Each industry has it's own woes. The autobody shop is regulated by the EPA, Air Pollution Control District, Bureau of Automotive repair and of coursed the standard labor board, IRS etc. Again, another industry, another set of rules. I guess I just accept the rules because it is "they way it is". Now, I don't mind contributing funds to GCLA to fight my battles for me. I don't mind sending the NLA money to fight my battles either. I just don't have the time, energy or desire to do it myself.
    Jim A. Luff
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    Contributing Editor & Consultant - LCT Magazine

    Limousine Scene - An Award Winning Company Since 1990
    Bakersfield, CA
    Limousines, Sedans, Vans, Charter Buses, Limo-Buses, Wheelchair Vans www.limousinescene.com

  5. #65
    Super Moderator gunny's Avatar
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    OK, enough of the "I love me's"& time to put this thread back on track.

    Recap:

    #1-The NLA Prez is road tripping trying to convince local associations to put themselves underneath the NLA logo. As such, in my opinion, the NLA will claim all members of the Locals as members whether they have chosen to be part of the NLA or not. Though the leadership of the NLA does not pick battles for the benefit of all but the elitist of the Industry as evidence shows, they still want/need additional numbers to bolster their positions as 10% membership is not that impressive of a number.

    #2 - The NLA is attempting to expand the meaning of "through ticketing" to include acceptance of trip tickets, contracts etc. as proof of continued interstate transportation. If successful, intrastate transfers of passengers engaged in interstate travel will be deemed interstate transportation. As such the drivers & all engaged in the accomplishment of these movements will be exempted from Federal Overtime wage laws.

    The backlash may be that all motor carriers may fall under Federal Interstate Motor Carrier Regulations whether they physically cross state lines or not.

    A positive to such would be it may be more difficult for local regulatory units to impose restrictions & economic regulation to motor carriers of interstate traveling passengers.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

  6. #66

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    Jim, I am talking about jurisdictions where they don't give out permits unless you pay them off or you choose to sue them. Time warp places where the legendary bogus " need and necessity' laws are still considered "cutting edge". The fees you speak of we have too. Whenever you add a vehicle in California you just add it on. Here and in Florida one must go to hearings, often with pre-determined results ! In the jurisdictions of which I speak, the sun don't shine unless you fight for your basic rights. The U.S. Constitution is our sole protection in these climes...
    Dean Schuler

  7. #67
    Super Moderator gunny's Avatar
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    This may help Luff understand:
    LA adopts regulations ala Tampa style & you now find yourself under their regulatory simply to enter, load & leave.

    Just on your vehicles:
    S#1 & S#2 No Good, too old, unacceptable model types
    Blue & White Vans,no good, pick a color, must all be of same color, graphics & with lettering that meets the conditions set by the regulatory body.
    The 97 6pax, no good, too old
    Cars 8-14, none may be more than 5 models years old at initial permitting.
    The Suburban, maybe yes, maybe no.

    To obtain licensing from this agency you will have to submit a detailed application package for 2 Certificates of Public Convenience & Neccessity (limousine & van) with application fees. This package will include at your costs the submission of a credit report & your understanding that the regulatory unit may at any time during normal business hours enter your place of business in Bakersfield to review & record your finances.

    In addition you will have to pay for a public hearing whereas any operator can intervene & object to you receiving licensure.

    The application will then be presented to the Political Commission of this regulatory body whereas they have the authority to grant a yes or no on your application simply because they feel there is enough intrastate carriers entering their jurisdiction & it is taking business away from the local carriers.

    If approved, you must then pay for vehicle permits for each vehicle & now start the licensing and permitting process for ports of entry within that specific jurisdiction. This process includes hauling each vehicle in for inspections by each licensing authority.

    A year down the road you need to add more vehicles to support business growth? Guess what? Start the process all over again! And of course the COPCN and vehicle permit fees are a yearly renewable thing.

    And now it's time to move on to the next jurisdictions requirements.

    Meanwhile back on the ranch, there is a state law prohibiting this but no one seems to give a flying rats a$$. Especially the leadership of local associations & individuals who sit on both the NLA & TLPA Boards. In fact, they support this type of regulation.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

  8. #68
    Senior Member Wade Randolph's Avatar
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    Gunny put a call in to George Jacobs of Windy City Limousine. When he yanks the chain of the NLA board they listen. Ask George why the NLA spent a fortune representing him against the IRS in the independent contractor issue and why won't they help you???

  9. #69
    Super Moderator gunny's Avatar
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    Originally posted by Wade Randolph:
    Gunny put a call in to George Jacobs of Windy City Limousine. When he yanks the chain of the NLA board they listen. Ask George why the NLA spent a fortune representing him against the IRS in the independent contractor issue and why won't they help you???
    Another example of the NLA contradicting itself. The IC issue is a money maker for operators and by expanding the definition of IC would of meant less employees for the operators to be accountable for as FICA, SSI, state taxes etc. would shift to the slob behind the wheel. So jumping to support this was deemed a rightous move v. jumping in to enforce laws prohibiting economic regulation placed on the intrastate carriers of whom most are small operations based in suburban/rural communities.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
    http://gunnysairportlimo.com/tampa_a...ce_spring_hill

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