another way in which you could get information from the company because they are the ones that issue keys. you're not sure if he fabricated that or not. it would seem to me, and i don't know if you have -- if a company would have to provide that to you for purposes of your review. but you did not have those? whether or not the company issued the spare so you could confirm or determine whether or not he used that spare. >> let me see if those documents were requested. that's right. i apologize. it was requested but never

provided. i think it might be in the hearing office's -- they said they were not able to get the records either. unhook >> i think commissioner goarcia was saying if we went with the medallion, you would consider investigating the full time driver requirements? >> we would do that regardless. right. president peterson: mr. sinitsyn. >> can i ask you one more question? given that you did not get the

records from luxor or you were having enforcement related issues, to the extent that there is any, what would you do as part of this? which you conduct further investigation? >> we would look into the role that the company has played in terms of what type of control they exercised or did not exercise in this matter. assuming that they are, for example, running as per vehicle -- a spare vehicle and that at the same time, that is more of an issue against luxor. we will also hold them responsible. >> thank you.

president peterson: mr. sinitsyn. >> thank you so much for your time. when i came to this country, my only desire was to work hard and be rewarded for that hard job. iw as d -- i was driving a cab. i did good to serve the community, and i was really bad with my paperwork. i am admitting that. and like i said, we need to understand the notion of this job, how we're working.

luxor will say it is the most stressful job. yes, it is good. like i said, i don't have that smart card. i don't see the value. i dropped off, and in the meantime, what is the average time waiting for a cab? two to three hours. i dropped people at the airport because they were begging. i drove to the apartments and i give them a ride. and i did not put them on my way bill, but i don't feel like this

is a crime. for those years, like i said, i did provide good service. i do not feel i deserve to be punished. on monday, we have one acquisition. -- on one day, we have what acquisition. -- one acquisition. the last four years, somehow, the commission brought 2005. [unintelligible] my manager didn't inform about my absence. i was short.

nobody asked me for those reviews. i have you with me, so [unintelligible] going back to spare usage of the spare vehicle, when you come available, fill out the form. i did not keep these forms, so to me, we need to understand. the cars, they're really fragile. it's deserving of two or three years max. the cars almost broke down. either the transmission or back

doors, it doesn't function. i didn't do any fabrication of appeal, to be on-time is not a crime. we have tehe ending shift. i was always on time. once again, like i said, i was guilty and wrong. i admit that. i promise it will not happen again. i brought my 2010 waybill. that's what i'm doing right now. i mean, it's easy to do nothing and like i said, that was my

mistake. i'll pay for that. that's all i have. i put those letters of people that called me on my cell, they needed help, those rides. [unintelligible] i did provide the service to those people. i think we covered it all. yes. please consider my appealing. thank you.

commissioner garcia: i have a question. dro newve a -- when you drove a spare, was it a rabcab? y >>es. -- >> yes. >> only recently? >> if your car is broken, you can take any spare in the garage. >> thank you. any public comment? seeing them, would you care to have any rebuttal? you have three minutes. mr. sinitsyn, you have anything else to add?

the matter is submitted. >> this is difficult and this is horrible. when we get a lot of these cases, the decision we make is going to affect some one substantially, financially. in order to get a medallion, there are two requirements. you keep track of your bills. so that they can determine whether or not the full time driving requirements were met. i would hate to think what if there was no fabrication, the situation where the spirit have was really the fault of luxor as much as it was of this individual. all of those things can affect you emotionally and

intellectually. the fact remains that in order to get a medallion, you have to have proven they you have driven a certain number of hours. you have to keep records. i am entirely sympathetic to this individual, but i see no way that my fellow commissioners can decide if the records were not kept sufficiently. >> i think that is part of the case here, however, there are two items that this is predicated upon. one is the correlation between

the spare and the medallion, the primary car itself. we need that information from luxor. the department should analyze those documents. third, if the analysis that the department should do related to the spirit cars -- spare cars, i would be curious what they would do to luxor. if they did all of these things, they have substantial culpability. there are limited number of medallions, this gentleman pose

the issue is related to his own record keeping. -- and this gentleman's issue is related to his own record keeping. if you have a situation where you are renting a medallion and you are providing a car, you must provide the maintenance. what is the sense of having a medallion which is for a certain purpose, 70% in the shop? >commissioner garcia: commissioners, i will recommend

we continue this item. and the correlation between medallions, assignments, [unintelligible] and to analyze the 2005 waybills. >> since they found fault with that, he could still possibly, by examining 2005, be within compliance a everything is ok. -- if everything is. -- if everything is ok.

>> further comments? president peterson: on whose shoulders would like to place the responsibility to get this information? commissioner fung: there is only one that has the ability to make a color scheme do anything. how much time do you need? >> which years are we looking at? just 2009? >> i believe that you only look at 2009. >> it took us quite a while. >> the rest of the year is quite busy.

i don't know if you want to wait until january. >> that is okay with me. >> before this gentleman response, is our promise correct that you examined 2009, but it is four years out of five. i don't want to attach an adjective to it. if it turned out every other year was all right, he would still be eligible? >> that is correct. the primary issue is that because of the problems that we saw, we are hesitant to give credit because we are unsure of the validity of the way bill. >> you have the issue of some fabrication. >> maybe there is more that will be seeing.

that is our primary concern. >> that is not to create a greater burden as much as the fact that it would be a separate issue to deal with. and it might not be the various problems, it might be a question of record keeping. -- nefarious problems, it might be a question of record-keeping. >> thank you. the motion is to continue this item until the january 12. >> do you want to talk about the continuance? >> speak into the microphone. >> if the car had a flat tire, it's considered to be broken.

if it's waiting for an oil change, it's considered to be broken. i don't think they have files on that. the body shop, that is another procedure. i am not sure they have that. president peterson: the agency is going to take additional time to look at the records, and we will come back and discuss the records. commissioner goh: it sounds as though he is saying that it is pointless to try to get those records. >> they will still have to explain whether it is an oil change or what ever the issue is, why 30% of the time, it is available to the medallion holder.

that is not acceptable. there might be some structures against that. your bigger worry is that some other years of your waybills pass the test for the full time driving requirement. the issue is a concern, and i am not sure that is the issue here. >> they mentioned in the pacification of waybills. [unintelligible] >> they did fabricate some? >> people said i did.

>> we threw you a lifeline. we're asking you not to argue the case any longer. we're asking you what you would consider to be reasonable day. right now, what is under consideration is january. >> commissioner, i agree with you that the information particular with regard to luxor, i wonder whether or not it makes sense to put that sfmta resource to use on this. i initially supported commissioner garcia's comments. you still feel it would be useful given the comments that

we just heard? >> i did not hear from npa -- mta that there is no data. >> luxor didn't provide it. >> maybe you should address your question to mta on if it was available. >> only luxor could answer that question. that might be the reason we never got it in the first place, but i will have to check. >> the to save that of course -- they could say that of course it is not true. it is available more than 30% of the time. to me, it goes toward fabrication that it was

available and for whatever reason, he fought -- he put down the wrong number. >> i agree. >> i will suggest to january 12. >> that is okay for the mta. >> what documentation are you allowing any additional briefing? >> let's maintain the standard briefing schedule, and both sides can submit the three-page brief. president peterson: i ask that

your document to be submitted prior to the hearing. you can submit a three-page brief in response to the documents submitted. commissioner fung: if you would selectively choose any other year, i will be satisfied with that. i think there is some statistical validity to that approach. >> call that motion, commissioners? >> the motion is to continue this matter and the january 12, 2011. this will allow time to allow the parties to submit additional information pursuant -- mta is due two thursdays prior.

commissioner goh: aye. commissioner garcia: aye. president peterson: aye. commissioner hwang: aye. th >>e vote -- >> the vote is 5-0. president peterson: why don't we take a short break?