Taximeter Technology Advancements Professor Matthew W. Daus, Esq. 98 th Annual Meeting of National Conference on Weights and Measures July 16, 2013 Louisville, Kentucky
Presented By Professor Matthew W. Daus, Esq. Former NYC Taxi & Limousine Commissioner/Chair Distinguished Lecturer, University Transportation Research Center (UTRC) President, International Association of Transportation Regulators (IATR) Partner & Chairman, Transportation Practice Group Contact: mdaus@windelsmarx.com 156 West 56th Street New York, NY 10019 T. 212.237.1106 F. 212.262.1215
In the beginning. A hansom cab at Madison Square, New York, circa 1900
First Taxi Technology? The modern taximeter was invented by Wilhelm Bruhn in 1891
For a long time, much has not changed until recently Argo Taxi Cab Meter Efficient Instruments Corp. New York, Made in Germany
Taxi Technology
New York City (T-PEP) Taxi Passenger Enhancement Program Global Positioning Systems (GPS) Passenger Information Monitors (PIMs) Driver Information Monitors (DIMs) Credit & Debit Card Swipes (RFID)
T-PEP Program Functionality & Benefits Fully Integrated System Basic Functionality Driver Benefits: Business opportunities Emergency & other information Passenger Benefits: Lost property return faster and more options Convenience easier tipping methods Reduced costs vs. other transport modes (e.g. black cars/limos) Passenger info.- news, advertising, government Data Collection
Taxi, Livery, Black Car, Limousine. Yes, there is an app for all that, but 9
Is it the Wild West? 10
Taxi Smartphone Applications As technology innovations continue, more and more resources are available via smartphone applications. Hailing a taxicab or arranging for transportation via a forhire vehicle is no exception. Technology start-up and transportation companies have started to flood the market with smartphone applications.
These apps allow Hailing or arranging transportation (a significant legal distinction) Arrange rides or ride sharing Expedite payments 13
How Does It Work? Download an app Run the app and locate a service Book a Taxi, Black Car, Limousine Payment via text, email or other payment processing devises
In July 2012, the Windels Marx Transportation Practice Group Published A Report Entitled: Rogue Smartphone Applications for Taxicabs and Limousines: Innovation or Unfair Competition? A National Regulatory Review of Safety, Accountability and Consumer Protection Legal Issues.
Legal Issues Identified with Rogue Apps Is It a Taximeter? Only taxicabs charge fares based on distance and time. In the U.S., these taximeters are regulated by the NIST standards at the state level and are calibrated and inspected to meet these standards. Apps use GPS to calculate the fare based on time, mileage and demand this does not meet the taximeter standards.
Big Data for Regulators The future is happening now!!!
The Future of Ground Transportation is Happening Now Complete Integration & Big Data Taxicabs the vehicle itself Taximeters In-Vehicle Security Cameras Advertising (exterior/interior) Apps (payment processing) Pads/Screens Black Boxes On Board Diagnostics vehicle computer Panic buttons Global Positioning Systems (GPS) Regulator Dashboards
Big Data For Ground Transportation Technology T-PEP is Dinosaur Technology Improved Taxi Service Smart Taxis (environmental/traffic/fare efficiencies) Content (location based advertising/info.) App & T-PEP Integration Transportation Planning Data collection & analysis Traffic patterns & road planning Real-time traffic information Law Enforcement Double-parking, bus-lane & other traffic infractions Fraud prevention Other regulatory uses (e.g., E-ZPass, driver shift limitations)
San Francisco ETA System Data Elements The following data will be collected through APIs from dispatch services: Driver's identification established by authentication through Driver's license swipe or other secure system; Date of shift; Vehicle number, vehicle license number and vehicle status (available or hired); Medallion number; Number of passengers on each trip; GPS-generated origin, incremental, destination coordinates of each trip; The fare for each trip including applicable fees charged;
San Francisco ETA System Data Elements The following data will be collected through APIs from dispatch services: The mileage for each trip; The total number of trips for each shift; The time of hire and discharge for each trip; The starting and ending times and total hours of each shift; and Any other data that the SFMTA is authorized to collect either in real-time or as aggregate data.
Is Big Data for Big Brother? John Vincent Hurt "The past was dead, the future was unimaginable." George Orwell - Nineteen Eighty-Four
Privacy Legal Issues Privacy Rights & Taxi GPS Systems Alexandre v. NYC TLC (SDNY 2007) 1% of medallion owners refused to install GPS claiming privacy rights violation due to limitless ability to track whereabouts. Court found TLC contracts with vendors limited release of data so no person (including TLC) could use GPS data to determine location of off-duty taxicab. Applying 4 th Amendment case law no legitimate expectation of privacy when information readily available for public scrutiny; Based on Knotts, no reasonable expectation of privacy of motor vehicle travelling on public roadway ; Court applied intermediate level of scrutiny the Court concluded the TLC s substantial interest in requiring GPS outweighed privacy rights due to interest in promoting taxi customer service, ridership, and passenger and driver safety.
The Philadelphia GPS Story Philadelphia Parking Authority s (PPA) Hospitality Initiative Program (HIP): 2005 (GPS facilitated PPA central dispatch system) MCQ s Enterprises v. PPA (EDPA) Plaintiff Yellow Cab argued displacement of their dispatch system was both a physical (alteration of cab) and regulatory taking (displacement of customer base). Court denied preliminary injunction as PPA rules were for the public good to promote hospitality and tourism. Alexandre v. NYC TLC Privacy Legal Issues Plaintiff also made 5 th Amendment takings argument, but court ruled that medallion owners who choose to engage in a publicly regulated business surrender their rights to unfettered discretion, and the preliminary injunction was denied. Also, court noted, as in MCQ, the TLC s rules were passed to protect the public interest.
Lessons Learned Regulatory bodies stand on firm legal privacy ground (as compared to criminal law enforcement and employee monitoring) Government regulators should clearly define use of data and define via regulation and/or contract Unresolved Issues Privacy Legal Issues Off-duty GPS data Use of taxi GPS data for criminal law enforcement investigations Passenger tolerance of privacy issues (Use irrespective of law)
Taxi Technology of the future???
Thank You! Q&A