Two people accused of illegal taxi cab operation in Genesee County
Two people have been cited following an investigation into alleged illegal taxi cab operation in Genesee County.
Julious Murphy, 60, of Ellicott Street, Batavia, was issued citations for alleged improper plates and operating without proper for-hire insurance.
Jennifer L. Cudney, 32, of Walden Creek Drive, Batavia, was cited for alleged operating while on a mobile phone, improper plates, operating out of class and operating without proper for-hire insurance.
Murphy and Cudney were cited by the Sheriff's Office following an investigation that began with complaints about alleged illegal taxi cabs operating in Genesee County.
Taxi cabs in New York must register with the proper for-hire class. The operator must possess a Class E driver's license and the vehicle must have insurance covering the for-hire usage.
Assisting in the investigation were Batavia PD, the DMV and the District Attorney's Office.
The investigation was handled by Sgt. Thomas A. Sanfratello, Sgt. Brian Frieday, Sgt. Dan Coffey, Officer Darryle Streeter and members of the Local Drug Enforcement Task Force.
Most of the cabs in Batavia don't have the proper plates and insurance. There are a couple that have been parked on South Main near the round about. It looks like 1 has livery plates (which you need the correct insurance to even get) and the other does not have the correct plates.
Can't have anyone earning money without paying tribute to the NYS cabal. DMV and the insurance lobby must get their cut. Unemployment is high, but let's stop these people from earning on their own. Incomes are down and costs of living are rough on some folks, so let's make sure they have to pay more for transportation. I hear complaints regularly about the dearth of transportation options in Batavia if you don't have a car, so let's limit options for those who need options the most. The city is in financial straights, but the police (4 officers and members of a Task Force) have time to investigate, and now the courts will have to make time to adjudicate a victimless crime such as 2 people making a financial contract between themselves. All because licenses and insurance which NY State, in all its brilliance has decreed must be paid. Task Force?, how many cops were involved in this? Come on, really?
On April 9, 2013, 722 out of 829 respondents agreed with Mrs. Margaret Thatcher.
Hope you all still feel the same way. Where is Mr.Murphy, Ms. Cudney and all of their customers' economic liberty?
This is a good example, folks, why every damn thing costs so much.
Where's MY economic liberty?
Right on Dave...Why was the drug task force even evolved in this...So are we to assume that if i am asked by someone , neighbor,friend or relative for a ride some where and they want to pay me then that is considered an illegal act...
Years later I was the minister responsible for taxis. Minicabs were unlicensed and some lobby groups wanted them vetted. But the drivers of London taxis didn't want that, in case it made the minicabs respectable and so more competitive. A lot of the cabbies lived in Margaret Thatcher's Finchley constituency and they lobbied her. When she next saw me at a ministerial meeting, she hissed: "I hear you are thinking of legislating on taxis." As I began a reply, she pinned my hand to the table with hers, as though she thought I might otherwise try arm-wrestling her. "Drop it," she barked. I agreed and she let me go.
FWIW, not to defend big government, but it's worth considering that if a taxi driver without proper insurance is in an accident while with a fare and the passenger is injured, the passenger will not be covered.
To me that is just more of the insurance scam, Howard. If you have a passenger in your car who is just riding with you, (a friend going to a ballgame say) and there is an accident, they are covered. Why should it make a difference whether you are charging them fare or not? The only argument that would seem fair would be the insurance company charging the auto owner a little (not a lot) higher based on the amount of driving being done, but that's the only difference I can see.
C M that link doesn't work
Dave, I'm just explaining the reason. I don't like big insurance or big government any more than you do, but we live in the society we live in. This is the reality of the situation.
The fact is, the passengers wouldn't be covered. That isn't justifying the "insurance scam." It's just a fact.
Do you think an illegal cabbie would disclose to a passenger, "hey, btw, I'm not properly insured to carry passengers, so if we're in an accident, you're on your own."
Most passengers would assume, if they thought about it at all, that they would be covered.
Of course you can always sue the illegal cabbie and get the money that way... There are lawyers and collection agencies that thrive on that very market LOL
And what assets might an illegal cabbie have that would be used to payoff an award of damages?
I wish I could "LIKE" this twice!
That's true Howard, it is the system we live in. I know you are a freedom advocate. Rather than argue, I'd like to offer a solution. Not much chance of seeing this happen right now, but maybe someday............ I also get what you wrote in another thread about the police doing their jobs, if someone reports a crime their job is to investigate. i do get that. The whole thing could be cured by the Batavia city council and the Genesee county legislature issuing a joint statement that they will no longer be actively investigating or prosecuting illegal cab services. The notice should also state that should one decide to operate a cab service it is recommended that they obtain the proper licenses and insurance and that if not the service would be in violation of NY State laws. The city or county will not intervene should the state decide to prosecute. Also the citizens of Genesee County should know that cab services may be operating without the proper insurance and licenses, it is the consumers decision to ride or not to ride. It should then identify how you can know that a cab has the proper livery license. And then live and let live.
There, then we take the lead toward economic freedom for Genesee County. The onus of violating people's freedoms would be on the state and they can explain why they want to spend taxpayer money on nanny programs like this.
C M, Even though I couldn't find the article I assume that you're trying to say that Mrs. Thatcher didn't really believe in Economic Liberty. She may not have, she was after a;; a politician, a very successful one at that. I was never much of a Maggie fan and I have no intention of being her apologist either. Having said all that it doesn't mean that the statement is not true, and I agree with it completely. People are faulted, all of us. But sometimes faulted individuals spit out brilliant statements.
Dave that would be pointless and illegal,
"Murphy and Cudney were cited by the Sheriff's Office following an investigation that began with complaints about alleged illegal taxi cabs operating in Genesee County."
If a complaint was lodged, especially to and/or by the DMV, the police have to investigate, Police enforce standing law, they do not write law, the City and the county may have control over LOCAL regulation, but the CLASS E licensing, insurance laws for livery vehicles and the base law is STATE law.
It is not, nor will it ever be an issue that we could even vote for a state assemblyman or senator to confront because it would never get past down state legislatures
My problem with this is the amount of resources apparently used to investigate it
Mark. Did you actually read my whole comment? If the county and city declare they are not going to investigate or prosecute, what can the state do except intervene and send the State police to investigate. I'm guessing it would be a low priority.
BTW, not pointless - the point would be that people would have a choice. This complaint was probably lodged by another cab service.
So what you are saying is that the State Constitution is a worthless piece of paper and we should ignore it every time our elected state officials pass a law that we do not agree with?
When local governments pass laws in defiance of State and Federals laws and regulations, they open the county and the city up to litigation and additional expense to the county and city. If the complainant felt strongly enough they could go to the courts and guess what Dave, the county and the city would loose.
You want to make change for what ever reason, we need to work to change the state constitution and how these laws come to be, otherwise we are just third world
If article, complimentary. It political taxicabs. Fix edit absent.
To be honest Mark B the State Constitution is a worthless piece of paper while we have the current crop of politicians in office. Safe Act legislation is an example of how useless it is. There was no emergency or impending need for the Gov to ramrod that through in a matter of hours. The money spent on salaries and crap, while we have the highest taxes in the land show just how broke it is.
It's no different than the GCEDC passing giving the tax incentives to COR despite the State saying no to financing retail with edc funds. I dont see the state going to court over that, what makes you think it will over two cab drivers?
Excellent points, Kyle. The County wouldn't be defying the law Mark, they just wouldn't investigate or prosecute. Wouldn't be third world, it would be autonomy, and it's about high time. They sure didn't hesitate to circumvent state law over the Batavia Towne Center tax breaks on Thursday. If you're saying that wouldn't happen for a couple of working stiffs charging 20 bucks to take someone to the grocery store the same as for a billion dollar developer, you're sadly probably right.
And a big YES to a state constitution convention. Now.
Hell while we're at it, I'm all for splitting the state as well.
You transport people for money-get your proper license and registration,PERIOD. You ARE a business,also collecting money from businesses to advertise on your car. And another subject-if you drive around w/ trailer hauling equipment for mowing lawns and don't have a US DOT number,be warned-I've heard State Police and other agencies are going to start cracking down on them.
That is why we have elections Kyle. The Governor could not have ramrodded the ill advised safe act through without the over whelming support of downstate ill advised Democrats down state.
The unfortunate thing is that we live in a State where the down state liberal far outnumbers the upstate conservative, the problem is NOT with the State Constitution.
And since you and Dave brought up GCDEC, think about this, you guys are fuming (And I am with you on this one) that the GCDEC is doing something in defiance of State Law, what is the difference in a municipality ignoring a State law by refusing to enforce a state law..... Nothing ZIP!
I do not ever want to live in a location where Law Enforcement or a local municipality can pick and choose what state laws to enforce. That opens the door for picking and choosing one business over another just as easily as the Federal tax code does,
You fight to change the Law, not look to ignore it, without Laws we are Third World, yes I said it again Dave,
Well, gee I must be wrong. Thanks for straightening me out Mark. I'll just start lovin' me some big expensive intrusive gov'ment now. And be grateful for all the security thereof.
Sorry, but for as long as government continues to thwart a person's right to earn a living and seeks to limit consumer's choices; I will advocate otherwise.
The DOT "cracking down" on trailers and trucks is a good example of justifying their existence.