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Less
than 30 minutes into his shift on a sunny Saturday morning, Miguel Diaz*
is about to break the law.
The 43-year-old émigré from San Cristobal in the Dominican
Republic has been driving his livery car in a loop for the past 15 minutes
around the R.V. Ingersoll Houses project in Brooklyn's Fort Greene neighborhood.
Business is slow this morning. Diaz is looking to supplement the lack
of calls from his dispatcher with street hails - pedestrians who flag
down livery cars without pre-arranging a pickup.
Diaz drives a white 1995 Lincoln Towncar, but he keeps his attire casual.
He wears an olive-colored ribbed T-shirt, jeans and white sneakers. A
light breeze blows across the dashboard. Diaz, a thin man with a bit of
a paunch, keeps his left elbow propped up on door's armrest and holds
the steering wheel lightly with his fingertips. His two-way radio crackles
softly below the dashboard.
Diaz's loop takes him to the corner of Carleton and DeKalb avenues. A
man hails Diaz's Towncar. He pulls to the curb.
The two men make eye contact for an instant before the man climbs into
the blue leather backseat. They both seem to know they shouldn't be doing
this, but they do anyway. In New York City, it's illegal for any for-hire
vehicle other than a yellow medallion taxicab to pick up street hails.
It's barely 7:30 in the morning, and before Diaz has his second cup of
coffee, he's risked his livelihood and his life for a $10 fare.
If Diaz is caught by the Taxi and Limousine Commission, the agency that
licenses and regulates New York City for-hire livery vehicles such as
the one Diaz drives for a living, the TLC can revoke his license and fine
him up to $1,500. Worse still, Diaz could meet the same fate as Alpha
Balde and Fausto Arias, two New York City livery drivers killed in January
while on duty.
Street hails are a necessary, but dangerous, way for drivers to supplement
their income when business is slow. "If a driver wants to pick someone
off the street, I'm deaf," says one Brooklyn livery car dispatcher.
"I don't hear."
The door to Diaz's car slams shut. Myrtle Car Service, Diaz's dispatch
base, doesn't know he's taken a passenger. Diaz, married with three children,
is on his own.
Despite the dangers that Diaz faces as New York City livery car driver,
he believes he's still better off than he was in the Dominican Republic,
a Caribbean country about twice the size of New Hampshire with 9 million
inhabitants who share the island of Hispaniola with Haiti. Diaz studied
chemistry at the University of Santo Domingo and later taught at a secondary
school for six years before leaving his homeland in 1993. Diaz's Dominican
Republic of the 80's and early 90's was a country of limited natural resources
and strict international trade restrictions that created a weak economy.
Reforms came only after Diaz emigrated. The country in 1995 joined the
World Trade Organization and has changed its legal system to promote international
trade. President Hipolito Mejia's strategy since being elected in 2000
has been to promote free trade zones where companies can operate tax-free
and import raw materials without paying import duties.
Diaz's options in his homeland were either to continue teaching or become
a lab technician for local industry. Neither would provide Diaz with the
economic independence he wanted for his family, so he moved them to 1,500
miles away to Brooklyn and began working at his brother's restaurant.
A few years later, he bought himself a 1988 Ford Crown Victoria and began
hiring his services out as a livery driver.
The
livery car service industry emerged nearly 40 years ago, in part, as a
reaction to crime in the city's outer boroughs. Yellow medallion taxicab
drivers didn't want to pick up passengers in neighborhoods where they
feared being robbed or assaulted. So residents in Brooklyn, the Bronx,
Queens and Staten Island had to rely more on mass transit.
Enterprising immigrants identified a market for private transportation
and began offering their services for a flat, albeit negotiable, fee.
"They used to be called gypsy cabs because the drivers were here
illegally," says Fernando Mateo, a 43-year-old native of the Dominican
Republic who grew up on Manhattan's Lower East Side. "But they became
so pervasive that the New York City Taxi and Limousine Commission started
to pay attention." Mateo is also president and founder of the New
York State Federation of Taxi Drivers, Inc., an organization that offers
livery drivers legal representation and a venue for airing any grievances
against the TLC.
Today, New York City is home to about 700 livery car services. There are
about 50,000 livery cars and an estimated 100,000 livery car drivers working
throughout the city's five boroughs, according to TLC registration records.
The city created the TLC in 1971 to license and regulate its yellow medallion
taxicabs, for-hire vehicles such as livery cars, commuter vans, paratransit
ambulettes and luxury limousines. The TLC prohibits livery drivers from
picking up street hails, arguing that these transactions take business
away from yellow medallion taxicabs and put both drivers and passengers
at risk.
Diaz
drums his fingers on the blue leather-wrapped steering wheel as he waits
at a traffic light in Bedford-Stuyvesant. DeKalb Avenue's French bistros
have given way to Bedford-Stuyvesant's corner bodegas and soul food joints.
The passenger Diaz picked up in Fort Greene is a wiry black man with a
shaved head who's wearing a loose-fitting Mets jersey. He tells Diaz to
head for the intersection of Empire Boulevard and New York Avenue. They're
driving toward the southern end of Brooklyn's Crown Heights neighborhood,
a couple of miles away.
If Diaz is worried about taking a street hail, he doesn't show it. The
Towncar's digital speedometer flirts with 40 miles per hour, but never
more. The passenger asks Diaz which route he's taking. Diaz looks at the
man through his rearview mirror. "Nostrand," he says, without
turning his head. He watches the passenger. The man responds from the
back seat only by nodding.
Diaz doesn't say much to his passenger, except to ask him if he wants
the air conditioning turned on. The morning air is still cool and the
passenger says, "No." He asks Diaz to lower one of the rear
windows a bit. The air rushing in the window provides the only noise outside
of the sound of Diaz's sneakers on the car's pedals.
Diaz knows he has a dangerous job, but also one that calls for him to
balance risk with the rewards of a steady clientele. He's been a livery
car driver for the more than six years. Although he's driven for Myrtle
Car Service for the past four years, he owns the Towncar. He's running
his own little business. The money he makes goes toward the $7,500 fee
to insure his car each year. He also has to stretch his income to cover
the three car inspections required by the TLC annually, a $75 weekly charge
from Myrtle Car Service to be on its dispatch roster, the maintenance
on his aging car and any other costs of doing business, such as gas, car
washes and tolls.
The risks of picking up street hails are well documented. A January 2002
study by Schaller Consulting and The Sam Schwartz Company reported that
since 1990 more than 250 livery cab drivers have been killed while on
duty. The study draws a correlation between picking up unscheduled fares
and crimes committed against drivers. Similarly, statistics from the Occupational
Safety and Health Administration indicate that livery and taxi car drivers
are more likely to be murdered or become victims of violent assaults than
any other type of U.S. worker, with the exception of police and security
guards.
The
fare in the back seat isn't the only risk Diaz takes this morning. The
passenger side of Diaz's windshield is cracked. He says it started as
a scratch from a stone kicked up from the road. Now it's getting bigger,
and he could get a ticket for not having it fixed.
Under the thick leather armrest that separates driver and passenger in
the front seat, Diaz keeps a black folder for The Executive Transportation
Group. In addition to driving six days a week for Myrtle, Diaz has for
the past two years been driving his Towncar four days a week for Executive
Car Service, a subsidiary of Executive Transportation Group. He has three
children to support and rent to pay for an apartment in Williamsburg,
in addition to the cost of owning and maintaining his car. Every fare
helps keep the bills paid. He admits that there was a time when he would
take calls from both companies on the same shift, a practice discouraged
by dispatchers, the TLC and Mateo's federation. He stopped when it became
too difficult to juggle the two without being caught.
Diaz has no partition separating the driver from the backseat, nor does
he have a camera mounted above his rearview mirror to photograph each
passenger. The TLC requires livery car owners such as Diaz to have at
least one of these measures in place to protect the driver or at least
discourage criminals. He faces a $350 fine for his noncompliance as well
as suspension until he installs one or the other.
But cameras are expensive, and some drivers resist spending between $700
and $800 to have one installed. Partitions are less expensive, but many
car owners feel they're not appropriate for luxury cars. "It's not
nice to drive a businessman home with a camera or a partition," Diaz
says.
Diaz is unapologetic about breaking the law. He points to the costs of
insurance, inspections and car maintenance. "Nobody takes care of
you," he says. He gestures with a hand to the inspection sticker
on his windshield. "If you don't pay, you park the car, and you don't
work."
Diaz follows some basic rules of safety. If a potential passenger or a
group of passengers looks dangerous, he doesn't pick them up. "It's
dangerous, but I take a look at him," he says. "Even if the
call comes from the base, you take a look. If you see three guys standing
on the corner, you don't pick them up."
Another rule: don't fight with passengers, no matter how badly they behave.
When Diaz listens to the two-way dispatch radio that sits in a metal bracket
beneath his dashboard, he sometimes hears the arguments. Many of these
arguments come from misunderstandings because the drivers don't understand
or speak English very well. "Sometimes passengers get angry, but
you have to manage this," he says. "You don't get into fights
with passengers. They pay for all of this," he says, making a sweeping
gesture with his arm over the dashboard.
While
Diaz is far from a model citizen as far as compliance with TLC rules,
other drivers can empathize with his need to fly under the commission's
radar to make a living. On a Saturday afternoon during the summer, four
drivers for Court Express Car & Limo Service in Brooklyn's Caroll
Gardens neighborhood lounge in the dispatch office. Business is slow.
Bugs Bunny cartoons play on the television mounted high on one of the
wood-paneled walls.
"It's been a slow summer," says Nedal, who is reluctant to give
much personal information. He says he's got all his licenses from the
state and the TLC, but it's best that he be known by only his first name.
Nedal has been driving livery cars for the past nine years, since moving
to Brooklyn from his native Jordan, a small Arab kingdom of about 5.3
million people in the precarious position of supporting the U.S. while
sharing common boarders with Iraq, Syria and Saudi Arabia. Although Jordan's
King Abdallah has initiated economic reforms since taking over the throne
in 1999 from his father, the late King Hussein, debt, poverty and unemployment
are still fundamental problems in this country, which is roughly the size
of Indiana.
Nedal came to the U.S. when he was 19 to study architectural engineering,
but he dropped out of college so he could afford to make ends meet. More
than a decade later, Nedal drives for Court Express so he can support
his wife and children. He still thinks about returning to school and becoming
an engineer, but he doesn't know when or if that will happen.
A livery-car driver typically works between 12 and 16 hours each day,
six days a week. The wages for these long hours depend upon how many fares
a driver gets. A rule of thumb is that a driver will make $100 per day,
including the rare tip, after expenses.
Many immigrants use jobs driving livery cars to help pay their way in
the U.S. Many drivers, including Nedal, continue to send money home to
relatives even after they've lived in New York for years. "Everybody
comes here to make a living," Nedal says.
Drivers at Court Express are predominantly Jordanians. Both Mateo and
Diaz share a Dominican heritage. And drivers from Cadman Express River
Car & Limo in Brooklyn Heights hail mostly from Russia and Turkey.
Alex Naggizade drives a black 1998 Lincoln Towncar on weekends for Cadman
Express. The 13-hour shifts are hard on his back, but the 39-year-old
immigrant from the former Azerbaijan uses the $100 per shift to help pay
for his house on Staten Island. Azerbaijan is an oil-producing nation
of Turkic Muslims with a population of about 7.8 million people who gained
their independence from the former Soviet Union in 1991. Azerbaijan is
roughly the size of Maine, with the Caspian Sea as its eastern neighbor,
Iran to the south and Armenia to the west.
Naggizade lives with his wife, three children and his wife's parents.
During the week he commutes an hour each way between his home and his
$13-an-hour job fixing electronic appliances in Freeport, Long Island.
There he inspects damaged TVs and VCRs for insurance companies to see
whether or not they're worth fixing. "It's easy money," he says.
Easier and more lucrative than the job used to have as an engineer for
a Russian phone company in Azerbaijan. Naggizade studied at Polytechnic
University in Azerbaijan's capital of Baku. Living there, he would earn
the equivalent of $50 weekly for the same number of hours he now works.
While his cost of living was much lower in Azerbaijan than it is in Brooklyn,
the numbers didn't add up so Naggizade moved his family to the U.S.
Naggizade is easily mistaken for Arabic, although Azerbaijan is technically
in Asia. He has full head of thick, dark hair, a deep olive complexion
and speaks with an accent that's not easy to place. Like Nedal, Naggizade
didn't speak English when he came to the U.S. and had to learn the language
to broaden his economic opportunities. Naggizade says he hasn't been a
target for anti-terrorist sentiments since Sept. 11, 2001, although he
admits times have been tense. The best defense he and his co-workers have
is to embrace their adopted homeland. Cadman Express's dispatcher hung
a poster in the office that reads: "Bin Laden: Wanted Dead Or Alive."
Naggizade says the Arabic drivers don't mind the sign. "Arabic or
American, he's a terrorist."
Diaz
and his illegal passenger wait at a red light at the intersection of Empire
Blvd. and New York Avenue. It's a busy intersection, with several lanes
of traffic in either direction.
"This is good," the passenger says. He asks Diaz the price.
Diaz says nine dollars. The passenger gives Diaz a $10 bill but doesn't
ask for change.
Diaz sits at the intersection and waits for the light to change. "He
was probably a cop," he says as he watches the man in the Mets jersey
jog diagonally across the intersection and over to the 71st Precinct.
The light turns green and Diaz shrugs, "That guy, if I don't take
him to work, he don't get to work."
* The
driver's name has been changed to protect his livelihood.
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