Microsoft Word NYTWA Amendments to Driver Protection Rules.docx

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1 NYTWA Amendments to Driver Protection Rules: The TLC is also proposing a number of regulations to protect drivers' right to information from the companies, and the TLC's right to data and documents as the regulator. Many are proposals also from NYTWA's April Rulemaking Petition. nts to the Driver Protection Rules as proposed: Below are our amendme The requirement that owners maintain records for three years should be 1. extended to six years. 2. TLC rules must require that bases provide static and contemporaneous of each payment in PDF or payment statements to drivers, at the time similar format. The proposed TLC rules must also specify that base agreements be provided in a static form. 3. NYTWA supports the proposed rules' requirement that base agreements must contain all terms. TLC rules should incorporate t 4. he relevant provisions of state and local law regarding requirements for valid electronic signatures. 5. The proposed rules for FHV driver pay must prohibit unauthorized charges and not merely prohibit excessive charges or underpayment of driver earnings. 6. proposed rules, and any rules related to drivers' financial loss The caused by base/owner/agent rule violations, must provide for restitution for all violations. For example, currently proposed rule 59B(18)(f)(i) only fense; this must be amended. provides for restitution after a third of 7. Provide for double damages in restitution for any willful violation of TLC rules that creates a financial loss for a driver. As with similar provisions of the New York Labor Law providing for double damages, such a rule would s trengthen the deterrent effect of TLC rules. 8. Increase civil penalties for owner/base/agent violations that lead to a financial loss for drivers. 9. Remove The Collective Bargaining Exemption. TLC rules should function as the minimum requirements. 10. Limits a can cellation fee to $500; and Provide that such a fee cannot be charged where the fee amount exceeds a lessor's actual damages. 11. The TLC must also correct what appears to simply be an error in the rulemaking proposal. In Section 10

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