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TC Recommends Exemption
From Driving Requirement
For Cab Company Employees

The Taxi Commission has approved a resolution recommending to the Board of Supervisors an extremely broad — but less than full — exemption from the Proposition K driving requirement for permit holders employed by cab companies in non-driving positions.
A court decision in a case brought by the permit holders’ association (PDA) authorized the city to “make some limited allowance, consistent with the strong policy of Proposition K favoring full-time operation of taxicabs by permit holders, for a permit holder’s leadership position in a taxicab cooperative” — a so-called “manager’s exemption.” But the commission’s resolution would allow the exemption to extend beyond managers to just about any cab company employee.
These are the resolution’s main provisions:
* A manager is defined as “a color scheme employee whose duties are integral to the operation of the company.”
* The driving requirement for an exempted permit holder would be reduced from 800 to 120 hours per year. To qualify, the permit holder would have to work at least 680 hours per year as a payroll employee working at the company’s principal place of business.
* Color schemes with at least 10 permits would be allowed a maximum of one exemption for each 10 permits up to 50 permits. Each additional 25 permits would allow for another exemption.
United Taxicab Workers supports a limited exemption for bona fide company managers, but opposes the commission’s recommendation as going way beyond companies’ managerial needs and beyond the authority granted by the court decision.
Specifically, UTW objects to the overly broad and vague definition of a manager that would allow virtually any company employee to qualify. The court decision in S.F. Taxi Permitholders and Drivers Ass’n. v. City and County of San Francisco clearly intended an allowance limited to persons in true managerial roles.
UTW also objects to the number of allowed exemptions as far too high. A company of 50 cabs, which can easily be run by one or two people, would be allowed five exemptions. Yellow Cab, which has over 400 cabs, would get more than 20 exemptions, although the company says it employs only seven managers.
UTW also believes the exemption should only be extended to managers who work substantially full-time for the company. A part-time manager can easily fulfill the 800-hour requirement and needs no exemption.