Denying Cab Drivers a Cell Phone Puts Them in Danger (and Makes You Late)

It's a basic fact of life in New York that your taxi driver will probably be on the phone.

That may soon change. Last week, the city's Taxi & Limousine Commission (TLC) proposed new rules that will prohibit the city's 46,000 cab drivers from wearing hands-free devices while behind the wheel. It also forbids drivers from having iPods and cameras in their cabs. The "three strike" system consists of escalating fines and penalties that culminate in the revocation of the driver's hack license.

To many regular New Yorkers, this may seem like a step in the right direction. To cabbies, however, it is downright draconian, yet another in a long list of rules from a TLC that wants to appease the public at the expense of drivers' safety.

According to the Department of Labor, driving a taxi is one of the most dangerous jobs in the United States. When taxi drivers find themselves alone in their cabs -- as they often do -- with psychopaths, scam artists, violence-prone individuals, or even just garden-variety drunken idiots, that little hands-free device can be a lifeline. Whether it's a fellow cabbie or 911 on speed-dial, it makes the driver less alone and, therefore, less vulnerable. If something weird, scary, or dangerous happens, then at least someone, somewhere, knows about it.

If (okay, when) your cabbie is on the phone, chances are he's talking to four or five other cab drivers scattered around the city. They are talking about their shifts, alerting each other to what's happening on the streets, where it's busy, where it's dead, where there's traffic, or where a crane just collapsed. This helps them to do a better job navigating all the pitfalls and tie-ups in such a heavily congested city.

At times, to be sure, they're talking about you. What you look like, where you're going, and how you're behaving. This often serves as a form of protection, akin to having your photograph taken when you enter the cab. Last year, a female cab driver was assaulted by a passenger while she was on a conference call with four other women also on the job. Her comrades could hear the attack unfolding and were able to dial 911 and rush to the scene before the situation escalated into yet another cabbie fatality.

As for passenger safety, a recent study by Schaller Consulting shows that the city's licensed hacks in fact have 30 percent fewer accidents than non-professional drivers. This, according to Schaller, is due to cabbies' high level of experience on the road, with many logging up to 3,000 driving hours per year. It should also be noted that, according to the New York State DMV, less than 0.1 percent of all car accidents in the state in 2008 involved the use of hands-free cell phones.

The TLC has long held a double standard when it comes to its cab drivers: they are regulated as if they were city workers and treated (and paid) as second-class citizens. Their 12-hour shifts do not guarantee a livable wage, they receive no paid overtime, have no labor union, no health insurance, no pension plan, no sick days, no paid holidays -- the list goes on.

The city's MTA workers, on the other hand, have all the benefits cabbies are consistently denied, plus another little perk taxi drivers don't have: felony protection from assault. (By the way, this is the same MTA that, beginning Nov. 1, will receive a fifty-cent subsidy from every metered taxi ride in the city.)

With this type of protection in place, the argument for taking away cabbies' phones might make more sense. Unfortunately for drivers and passengers alike, the TLC has consistently turned a deaf ear to cabbies' health and safety needs, and this has only further eroded the quality of New York's taxi industry.

It's time for the TLC to rethink its approach to the drivers it regulates. Instead of moving forward with more punitive measures against cabbies, perhaps Commissioner Matthew Daus should consider improving the quality of their working conditions, starting with increased safety measures.

Yes, cell phone use needs to be curbed, but the TLC's proposal goes way too far. Revoking the licenses of cabbies who are caught with Bluetooths, iPods, or cameras will only help to install less experienced drivers behind the wheel, thus increasing the rate of taxi accidents.

And as long as New York State law permits motorists to use hands-free devices, it is absurd that professional drivers -- the very people who need their phones to aid in their jobs and ensure their own safety -- should be denied the same rights.

 

 

Comments

[Tony Groutsis]

My friend was on a bike crossing Atlantic Avenue. She had the right of way when a cab turned on her left and plowed into her. She fell onto the hood of the cab. The cabbie was so distracted he did not even realize that he hit someone. He kept driving as she was crawling on the hood of his cab and her bike was being mangled underneath the car's wheels. The cab finally stopped as my friend slid off the hood. The passenger in the cab got out, frightened, in the middle of the street. (was this her stop?) The cab driver indignantly asked if my friend was o.k. She was in shock. She said she was fine even though she was bruised and her bike was unrideable. A half dozen witnesses asked if they could help. The cabbie refused to leave any information about himself because he said nothing really happened. Then he took off. Was he on a cell phone when he hit her? Maybe. Should he be allowed to be on a cell phone? You all say yes.

[RTIII]

It seems apparent from the responses here that the real reason for this proposed new rule is that some passengers (and probably some powerful passengers) think it's rude somehow.

Fine.

A good compromise would be to state that they are prohibited from using the phone:

1) with a paying fare actually in the cab, and;

2) moving under power, and;

3) when the call is not for some kind of emergency purpose.

Seems VERY reasonable to me.

Someone should probably get some kind of compromise proposal before the TLC ASAP.
.

[Allan Fromberg]

Melissa, congrats on your well-deserved success. As usual, you've presented a beautifully written and cogently presented perspectiv­e....the problem is, it doesn't take into consideration the many things we've empirically learned about how dangerous the practice of distracted driving actually is, and the fact that it totally alienates passengers by the droves. Fact #1 -- not one, but several powerful studies have concluded that cell phone distraction is the equivalent of driving under the influence. In other words, our proposed new regulations are as much about protecting the driver as they are about protecting others. Fact #2 -- hey, what about customer service? People pay a premium fare in a taxicab, and safety aside, they deserve to know that their driver's attention is 100% focused on the road, and on their needs. I need not tell you how many people complain about drivers who were so busy talking on their cell phones, they didn't even hear the destination clearly and overshot the drop! Yes, driving a taxicab is a difficult and lonely job, but if you are going to cite the national labor statistics saying how dangerous it is to be a cab driver, you must also qualify it with the fact that New York City is the safest taxi city in the nation, and very much skews those national statistics. Bottom line? Cell phones and driving don't mix -- this isn't rocket science. There's a time and a place for a phone call, and it isn't while driving a taxicab.

[fairness4all]

Cab drivers have for decades carried on conversations with their customers while driving AND listening to their (cab) radios and have managed to perform all tasks very well. But now if they converse with someone on a cell phone that's suddenly different and more dangerous? Get a clue. Would you suggest that taxi drivers cease all conversation with their fares? Listening to the cab radio can also be distracting for the drivers - should we remove the radios from all the cabs? Taxi drivers are better drivers than most of the general public simply because of their experience. Drive a cab for twelve hours per day for a few years and you might understand that.

[kamandi]

Just because they've been exhibiting this type of behavior doesn't make it right. I've known people who swear that they are better drivers when drunk and have to date, never been in an accident. Should they be allowed to continue to do this just because they've been performing the task of driving pretty well?

They should not get into conversations with their passengers beyond asking for the destination, and where the person wants to be let off. Listening to a radio, or a dispatcher is different in that in most cases one does not need to do anything beyond listen. There is no interaction, and the interaction is the key towards making cellphone usage while driving such a hazard.

No one is saying that this isn't a tough job, but the safety of the passenger should be one of the cabbies top priorities.

[susanreno]

New York City may be "the safest city in the nation", however, driving a taxi cab is not only a "difficult and lonely job" it is down right dangerous. One does not have to be a "rocket scientist " to fully comprehend this fact , they just have to be me---- Melissa Plaut's mom.

[LongTimeLiberal52]

"...as long as New York State law permits motorists to use hands-free devices, it is absurd that professional drivers -- the very people who need their phones to aid in their jobs and ensure their own safety -- should be denied the same rights."

Absolutely go#$%m right. 'Nuff said.

[ruffnstuff]

I say outlaw cabbies from eating food in their cars! That is really the worst...

But I could care less about phone use, usually cabs are driving at minimal speeds and I rather have a driver that isn't completely isolated all day long.

[jaggednerve]

please... just get me to the theater on time.. no one should be talking while driving unless they need to.. we know that driving while under the influence of cellular is as bad as driving drunk..

[ariels]

I feel like people are missing the point here - isn't it ridiculous that regular drivers can use their hands-free devices to their heart's content but cabbies - the people who actually use hands-free cell phones for SAFETY and WORK - are penalized? Makes no kind of sense. If you're going to make it illegal, make it illegal for everyone.

[kf40]

Right on!!! Not only that, they have a better driving safety record to boot.

[kamandi]

Well apparently my first comment didn't go through. What I had said it in was that the study which this author referred to was in fact from 2004 and also did not factor in accidents caused by cabbies.

I also referred to a study from the Insurance Institute for Highway Safety which stated that there is no conclusive proof supporting the belief that driving while using a handsfree device is any safer than driving while holding a phone.

While I understand that being a cabbie is a dangerous job by nature, there is also something to be said about protecting the safety of their passengers and people who are in the cabs vicinity.

[Reluctantwhore]

I couldn't care less how much cab drivers talk on the phone while I'm a customer. Their job is so unbelievably difficult and stressful that they should be afforded at least use of a cellphone. Cab drivers aren't in the same position as regular vehicle drivers. Taking away their right to call for help or connect with people who understand their situation is alienating and seems almost like punishment.

[devadasi]

They don't use the phone to call for help; most often they're chatting away with friends and family members while driving. They're scamming the system. They don't deserve to be tipped unless they are polite and provide good service; and that goes for anyone else we are expected to tip.

[kamandi]

You are aware that the study you are referring to is from 2004, right? http://www.schallerconsult.com/taxi/crash06.htm Also, this study does not address the issue of accidents caused by the reckless way in which many cabbies drive. They've gotten that reputation for a reason.

Recent studies show that using hands free devices are just as dangerous as holding the actual phone while driving. The problem arises from the fact that phone calls require your attention and focus, things one needs while driving. There was even a Mythbusters episode which showed this in action. Read this, its, http://www.iihs.org/research/topics/pdf/r1120.pdf it is a more recent report on the supposed safety of driving while using hands free devices. You also don't mention that quite frequently these drivers are looking down at their phones while driving and some even text while driving.

[mungo181]

Sounds like just another unfair way for the city to try to get money from cab drivers. If riders don't care (and I think most of us don't) then why should this even be an issue?

[drumz]

It's a tough job and usually goes to immigrants and the poorly educated which makes it easier for the haves to take advantage of them. My Uncle put himself through college and became a Calculus Professor at NYU and he was an Irish immigrant. He still moonlighted once in awhile for extra cash until he got robbed and this was before cell phones but he had a short wave radio and because of that they caught the guy. And now with these laws protecting one entity and not another, I'm afraid, is another example of how this country treats those with less. Cabbies need a strong union and their cell phones and cameras.

Where's this christian nation the right wing snobs rail about? I have rarely seen it in my 57 years.

[phlashba]

You make some good points, but I am entitled to a little peace and quiet as well. Surely the cabs can be equipped with some sort of alert device. Seems to me 99.9% of the time they are just chatting with their wives or friends. I don't need to hear that all the way from midtown to JFK. Don't even start me on the added risk they will be involved in an accident (hands free or hand held same difference) while on the phone and driving.

[fairness4all]

Think about the position of the driver.

Should the cab driver have to listen to the customers chat away on THEIR cell phones all day?

[SpaghettyIrish]

No one is entitled to peace and quiet in a public place, let alone someone else's office or shop, which is what a cab is.

[msbell]

My cab driver spoke on his hand-free device from JFK to Greenpoint and I was just fine with that.