Another Violent night at 17th and Mission Street in San Francisco

While I was driving my cab tonight and strolling down Mission street in San Francisco. I came across a young lady in her twenty's who looked like she had been shot in the leg or stabbed. The incident occurred about 1:00 a.m. in the morning. About five police cars were there but no ambulance when I was going by. I noticed her white shorts she was wearing drenched in red blood on her right leg. The police cleared the scene pretty quickly.

But I will be darned if when I drove by around 2:10 again another victim at the same street intersection. This time looked like a young Hispanic man was either stabbed or shot this morning. The police did tape of the crime scene in two locations (one at 17th and Mission and the other where the young man was at by 15th and Mission.

The second incident seem to prompt the police to do a further investigation. I would have stayed out later tonight but seeing these two incidents was a bit much for ma and I took my cab in.

Defective San Francisco Taxi Equipment

Tonight I had the opportunity to drive a cab with out a two way radio. A two way radio is used to dispatch calls from the company to the taxi's. In San Francisco we are required to take one radio call per hour if available. The radio was done for about 3/4 of my shift.

I called into dispatch tonight to tell the dispatcher about the radio. At least tonight I was not called faggot or any other racist comment like usual. I was told I could bring the cab in and pick up a spare which are smelly and usually make me sick. I decided to keep the cab though I did not have dispatch service. I thought I would get some consideration, meaning some money of my rental of the car which includes dispatching service. Well of course not, no consideration for a defective taxi in this industry and of course no one to report it to either without getting into trouble.

The public wonders why it is so hard to find a cab in San Francisco. Well I was one with out the ability to take radio calls from customers.

I really wish with all the money the SFMTA gets from the taxi industry that they would do some checking on the vehicles, or at least have a line where we can report the cars that are not functioning correctly.

Passenger from 532 Cole

I accepted a call from dispatch tonight and traveled to it from Fell and Franklin. When I got to the location a Yellow cab was there as well, and when I asked the driver he said he was there for the same person. I told the dispatcher about this. The passenger never came out after about ten minutes. When dispatch called the person they got no answer and told me to go.

About 10 minutes later, the passenger called again. I said I would go back to the address because I was over at Post and Baker. When I arrived, I waited for about ten more minutes and the dispatcher called again and still no passenger.

I decided to go after being told to do so. Then the passenger called a third time. I was a block away so I went. As I pulled up a Desoto cab was coming to the same order. The Desoto driver told me go ahead and take it. She came down with her friend. I had to ask so I did what happened. She told me her phone was not working and could not get calls. She told me the dispatcher never called her. She got a little upset with me. I mentioned to her I ask because I have been to the apartment three times for a total of about 25 minutes of my night. She told me she did not care and did not even apologize for my wait time. Then continued to tell me about customer service. I was felling very uncomfortable, I almost kicked her out of the cab. I tried to phone into Byron, the first time he answered and I tried to tell him the situation. Byron did not want to hear it and would take care of me later. I called back a second time and Byron would not even answer the phone.

When I got to the garage, I finally was able to tell him the whole story including no tip, and the passenger thought I was abrasive. I am amazed we are required to take radio calls, even if they waste our time and are promised to be taken care of which the dispatcher did not. This is a good example of how the dispatch service does not care about the driver or passengers because the cab company gets their money no matter what.

The passenger called three different companies and made me come back three times and waste 25 minutes of my shift. The dispatch could not even give me what is called a bonus load which is 10 off my gate.

Wednesday April 20th

I came into work today and the first thing Dugan said to me is that I am not on the list but my dog is. I asked him why he said that. Dugan said he was just trying to find something smart to say. A simple hello how are you would be great!

California's Workers' Comp Laws and San Francisco's Taxi Industry, A Cab Driver's Experience. By John Han

SF Taxi Driver Dean Clark.

The following is a highlight and recap of a discussion I had with SF taxi driver Dean Clark.

Clark is a gate and gas taxi driver working night shifts at National Cab. Clark alleges that in April of 2010, his taxi was struck by another vehicle driven by an uninsured motorist at 8^th St. and Minna, in which he had suffered, and still suffers from injuries unaccounted for today. Here are the highlights of the accident, and the details of what later took place with the cab company, as they have been relayed to me.

In April of 2010, Clark was driving southbound on 8^th St. in the far right lane. A woman in another car was heading westbound on Minna. She attempted to crossover 8^th St to get to the other side of Minna, but in doing so, struck the front driver’s side of Clarks taxi, causing the taxi to spin. Clark says that upon impact, the taxi’s seatbelt locking mechanism had failed, and that no airbags were deployed because the vehicle did not have any. Consequently, Clark’s head hit the front windshield, and as the car spun, also hit the side window, causing blurred “temporary blindness”, for several hours.

He says his legs struck the front of the cars interior causing temporary loss in the use of his legs. After being taken to General Hospital, his vision and limited use of his legs returned, although with numbness.

According to Clark’s telling of the accident, the cab company at the time, and possibly the police report, claimed that the woman had liability insurance. But after filing a claim, the insurance company said that the woman’s policy had been canceled recently because of lack of payment, and then had then been reinstated, but only after the accident occurred. Therefore, the woman’s insurance company denied the injury claim.

This led to Clark being referred to National Cab’s attorney. But Clark says the cab company’s attorney didn’t want to represent Clark in a workers’ comp claim nor defer him to another attorney. Neither did the cab company post information about California’s Workers’ Compensation laws anywhere at the company where drivers could see it.

According to Clark, after National Cab had initially delayed in filing a workers’ comp claim, and then seemingly repudiated further attempt to do so, he contacted the cab company’s insurance carrier, which he identifies as Pennsylvania Manufacturers Association (PMA), a Pennsylvania lobbying firm.

According to PMA’s website, the firm is involved in, “enacting workers’ compensation reform”, and since 1909, has been, “defending free enterprise and fighting to improve the competitiveness of Pennsylvania’s business climate.”

Clark says that when he contacted the firm, it had denied any knowledge of a policy number associated with National Cab, and that the medical bills resulting from the accident to date have gone unpaid. After that incident, Clark sought help from a private attorney and is currently being represented by that attorney.

In another matter not related to the accident, but related to Clark’s relationship to National Cab, an MRI revealed white spots in his brain. Clark says he believes it could be from long-term exposure to cab fumes.

Dean Clark…

“For the first three years or so driving for National Cab, I was placed in some of the most nastiest cabs you could ever imagine. And my clothes and everything else would smell like a sweet odor. And we’re not talking about dirty. We’re talking about some sort of odor or gas because it would make you light headed. I would have headaches sometimes for almost seven hours and would have to take Exedrin. So I started getting worried about that so I went to the doctor (Kaiser). The doctor there took three different blood tests at three different random times throughout the course of a year or two, and found that I have high carbon monoxide levels.”

According to Clark, National Cab told him his high carbon monoxide levels were the result of him being a smoker.

Going back to the accident though, he says he has been diagnosed with post concussion syndrome, three herniated discs, vision issues and others as a result. He continues to see a neurologist, and still suffers pain from the three herniated discs.

As for airbags, the San Francisco Municipal Transportation Agency (SFMTA) does not require taxis to be equipped with airbags, which Clark believes could have dramatically prevented the injuries. Nor does it require cab companies to carry uninsured motorist coverage in their insurance policies. But Transportation Code Division II, Article 1100 Section 1106(i) does state…

“Color Scheme Permit Holders shall comply with all applicable state laws and regulations concerning Workers’ Compensation”. (Transportation Code Division II, Article 1100 Section 1106(i))

With regards to state laws and regulations concerning Workers’ Compensation, this following excerpt is from a memorandum put out in 2008 by the former SF Taxi Commission.

"The state judicial system has affirmed that California taxi drivers are employees for purposes of workers' compensation in certain employment situations. These employment situations have included "gate and gas" drivers. Local cases making this finding include Tracy v. Yellow Cab Co-Operative, Inc. (San Francisco Superior Court No. 938786) and Yellow Cab Cooperative Inc. V. Workers' Compensation Appeals Board (1991) 226 Cal.App.3d 1288. Another case on point is Santa Cruz Transportation, Inc. v. Unemployment Insurance Appeals Board (1991) 235 Cal.App.3d 1363."

(SF Taxi Commission memorandum 2008)

In the same memorandum, the former taxi commission held that San Francisco cab companies are required by State laws to purchase and maintain workers’ compensation coverage for individual taxi drivers. This excerpt cited local codes pursuant to California’s laws.

"Municipal Police Code 1147.4 provides:

All persons, firms or corporations holding taxicab color scheme permits pursuant to Section 1125(b) of this Article shall comply with all applicable state statues concerning workers' compensation and any applicable regulations adopted pursuant to those statutes. Taxicab color scheme permit holders must include a sworn statement attesting to compliance with such applicable statutes and regulations as part of an annual filing required by Section 1095 of this Article.

Rule 5.H.16 requires that "the color scheme holder must have a copy of Certificate of Worker's Compensation Insurance prominently displayed at the place of business so that it is visible to drivers." This is based on California Labor Code 3350 which requires the same posting. Notably, Labor Code 3550 administers a civil penalty of up to $7000 for failure to post the certificate. The Commission also assesses a fine of $75 for the first offense of failure to post a current certificate."

(SF Taxi Commission memorandum 2008)

“I’m fed up. You can’t treat people like this”, says Clark. He says he wants the lawmakers and the public to understand his experience. “I hope that they gain some perspective of what San Francisco taxi drivers have to go through, and how underrepresented we truly are”, he says.

“Also when it comes to looking for a lawyer, for looking for someone to represent us, we’re just underrepresented across the board. And things like that need to change.”

Clark has an attorney, and says he expects his case will eventually go to court.

San Francisco Municipal Transportation Agency can fine a cab company for failure to comply with workers' compensation laws $45 per day for each day without insurance. (Transportation Code Division II, Article 1100 Section 1106(i) Schedule of Fines)

Finger

Yesterday while working Mike whipped the finger at me and honked his horn around 4:30 - 5:00 p.m. at Mckinnon and Jerold

Cary at National

Tonight when I came in from work Frank the night dispatcher told Cary I called him incompetent. I never called Cary Incompetent. Frank told me months ago he would get my Friday shifts removed from me, which has now started. Unfortunately I can not go to management because in the San Francisco taxi industry nobody listens to the cab driver. Plus Jesus said he does not want to hear about it. In fact now he claims that I might lose my Thursdays. Cary inferred tonight that I would not be able to work on Fridays and made mention of I talk bad about Mike, him and everyone else. When I tried to communicate with him he would not listen and only felt that he should talk. Cary is a pretty bright person and was very helpful to me when the accident occurred last year. I have always respected him for the help when no one else at the company cared when I was injured after the accident. It bothers me that Cary did not listen because even Frank wavered and said I might have said he was incompetent in math. These games cost drivers their shifts and money they need to live. A guy named Smitty was present when these things were being discussed. Jesus has taking the away the shifts even though I take a lot of radio calls. Radio calls have been over the last two years the criteria that allowed me to work on fridays. The rumor of I said something about Mike comes from a guy named Colin, a big pot smoker and one I would truly call incompetent as a human being.