There are many false rumors being spread questioning the legality of the TaxiDriver applications. First and foremost, if you have heard that the TaxiDriver application is illegal, you have been misinformed.

Straight and to the point, the TaxiDriver application complies with all TLC regulations for NYC For-Hire Drivers (livery, black car and medallion).

Let’s examine the current TLC regulations before getting to the rumors. The current regulations for For-Hire Drivers are publically available at http://www.nyc.gov/html/tlc/downloads/pdf/2011rulebook_ch55.pdf. Feel free to review its content directly from the source. For reference this is Chapter 55 of the 2011 TLC Regulation Rulebook.

We will draw attention to §55-14 entitled: Operations – Passenger and Driver Safety
This is a copy of §55-14(g):

(1) A Driver must not Use an Electronic Communication Device while
operating a Vehicle.  A Driver can Use an Electronic Communication
Device only while the Vehicle is lawfully standing or parked.

(3) Affirmative Defense. A Driver can offer an affirmative defense to
a charge of Using an Electronic Communication Device under this Rule
if all of the following are true:
   (i)   The communication was to an emergency response operator;
   (ii)  The communication reports an imminent threat to life or
         property;
   (iii) The Driver could not safely stop the Vehicle to make the
         report;
   (iv)  The Driver provides documentary proof of communication with
         an emergency response provider.

For those not familiar with legal documents, this may appear that a driver cannot use any electronic communication device unless the vehicle is either lawfully parked or standing unless that all aspects of Clause #3 are true. This would mean no electronic communication devices can be use while the vehicle is being operated. This includes devices such as two-way radios, cell phones, tablets, laptops, etc.

It is important to note that the phrase:

Use an Electronic Communication Device

is capitalized. In legal documentation, when words or phrases are capitalized, this is usually done to refer to a specific definition previously stated in the document.

We will have to refer to: §55-03 Definitions Specific to this Chapter
Here, we will find, defined what exact does TLC consider “Use of an Electronic Communication Device” in §55-03(t):

(t) Use an Electronic Communication Device (or Using an Electronic
    Communication Device), in this Chapter, means to
   (1) Operate any function of an Electronic Communication Device
       in any way, or
   (2) Have a device permitting hands-free operation of an Electronic
       Communication Device in or near the ear.
   (3) Exception:  A short business-related communication with a Base
       is NOT a Use of an Electronic Communication Device if all
       of the following are true:
        (i)   The communication is about a Dispatch; and
        (ii)  The communication occurs using either an FCC-licensed
              commercial two-way radio or a device which is mounted in
              a fixed position and not hand-held; and
        (iii) The communication occurs using either voice or one-touch
              preprogrammed buttons or keys.

The section we would like to draw immediate attention to is §55-03(t)(3). Normally, use of a cellular phone or tablet device would be considered Use of an Electronic Device, but TLC here clearly states there is an exception. The capitalization of the word “NOT” is in the original text.

We will begin our analysis with the rule with §55-03(t)(3)(i):

(i)   The communication is about a Dispatch

This means you can use the TaxiDriver application if the use of the application is limited to the dispatch (or trip). This means, the following features can be used legally while the vehicle is being operated:

• Key Up
• Signal Pick Up
• Signal Drop Off
• Signal Emergency
• Start Navigation
• Review Trip Information

Please remember that all features are perfectly legal to use while the vehicle is lawfully parked or standing.

Next is  §55-03(t)(3)(ii):

(ii)  The communication occurs using either an FCC-licensed commercial
      two-way radio or a device which is mounted in a fixed position
      and not hand-held;

Please note that the phrasing only states that a two-way radio needs to be FCC-licensed. Even if it were the case that this were to apply to a device that isn’t a two-way radio, mobile phones and tablets are already FCC-licensed. The device must be mounted in a fixed position and not hand-held. This means your device cannot be used with it being in your hand, your lap, or the passenger seat. As long as your device mounted, you are complying with TLC regulations. This can be a window-mount, air-vent mount, cup-holder mount or floor-mount.

The final part is §55-03(t)(3)(iii):

(iii) The communication occurs using either voice or one-touch
      preprogrammed buttons or keys.

TaxiDriver was built from the ground up to use one-touch preprogrammed buttons and keys. While other applications require the use of complex menu systems, TaxiDriver allow drivers to use simple, one-touch buttons. For example, the Key Up, Pick Up, Drop Off, and Start Navigation buttons are all one-touch.  The use of an external button to key up is also one-touch. To futher clarify this rule, this means the following options cannot be done via one-touch:

• Manually enter pickup location
• Manually enter drop-off location

Some might also draw some confusion from the Industry Notice #11-15 and Industry Notice #11-16, but these two notices are not related to TaxiDriver. TaxiDriver is not a dispatching application. TaxiDriver is a two-communication application for the driver to use. The industry notices are referring to a smart application that is use by the public for requesting a trip.  TaxiDriver does not currently accomplish this and it is not planned to ever supply this feature. Adding such a feature would be an obvious contradiction with the application’s very name “taxi + driver.”

As you can see, the TaxiDriver application complies with all TLC regulations. Because many of the users of the TaxiDriver application must comply with TLC, we ensure that the application does not conflict with any TLC regulations. We are in constant communication with TLC and with every new feature, ensure that there are no problems with TLC.

If you like to contact TLC directly to verify all this information is correct, you can do so at this page: http://www.nyc.gov/html/tlc/html/contact/contact.shtml

If you have any questions you would like to ask us, you may contact Carlos Lopez Jr. at carlos@dataprocomputers.com or our office as (201) 319-0453.