president goh: please call item five. >> appeal 10-094, versus the mta. it's the appeal of denial of a

regular taxi medallion. the matter was continue to allow the parties to submit additional information. and >> we can give each party 3 minutes. starting with mr. murray. >> good evening, jarvis mrray wi -- murray with taxi services. the only issue that we need to take a look at is whose evidence to you believe? we believe that he, based on his

electronic log ons, may have logged on 74 times to drive his shit. he submitted 121 waybills for that year. he claimed there was no need to log on to the system every time he drives. it is virtually impossible that he will log on to the system 74 times but not the other 56. there will be no way for anyone to make a radio call to find vehicle 9053. if that is the case, he is not doing any particular service. not just drive invisible under

the radar. there are numberous, o-- numerous, over 20 waybills that were exactly 10 hours apart. and we simply do not believe that those are accurate. holly believe those are fabricated. -- we believe those are fabricated. and they simply do not demonstrate, based upon the exact ten hours, and nobody gets an exat 10-h -- exact 10-hour

stamp. it can happen, but not on a normal basis. we believe that this point, it is up to the board is simply decide whether you believe that it is fraudulent or if you believe the excuses he's given. we will accept your decision. >> are there any industry statistics on average number of times a vehicle is in for repair? >> it is anecdotal. currently, there is a sense that many of the vehicles to spend a lot of time in the shop.

beyond that, it is anecdotal evidence. some complain about the priuses, that tit takes -- that it takes week ss to replace a battery pack. president goh: thank you. >> good evening, everybody. based on the last meeting, what we have, we just talked about times to prove the accurate information. through 2009, the car was in the shop. it was accurate evidence and

proof that the car was broken. that is why i used a spare for that. in the rules, 1104, only written ones can be submitted. it is like any other country's. i have my experience how to work. many times, computer will be broken also. i will have to go back to the garage and fix it. speaking of accuracy, [unintelligible] i have 81 log in periods of time.

it is completely accurate. speaking of -- the rules are that four out of five calendar years. we talk about 2009, 8, 7, and 6. i have evidence for 2005. nobody asked me to provide the others. like i said before, i have my wife that watches my kids all the time. i have co-workers with me. yes, i did work for those 17 years. i am planning to continue this

as well. i was not accurate, but i p romise this will not happen again. please consider my explanation. >> and when i looked at some of your list, i did not exhaustively total them up. sometimes, you were in for only two hours or less. is that common? >> if the computer system is kicking you out or the gps system is dropping johann -- you. like i said, as of today, we have 1500 medallions.

we have the company that is using the system. and basically, [unintelligible] it should be below for everybody. i think it should be pretty much accurate. >> when you drive a typical shift, how many miles to drive -- and do you drive? >> the e-100 miles. i make a lot of trips. it will be increasing the number of miles. president goh: is their public comment on this item -- is there

public comment on this item? >> good evening, commissioners. you ask for the electronic printouts. we supplied them. you asked for mechanical records. the mta says these things don't happen. if you want a copy, i can give them to you. these are not -- the mta is wrong saying they don't break down. they are vans converted into heavy lifting lifts. with the the roads in san francisco, we know that they are

the worst roads in the world. the hills are the worst streets to drive on. this is the worst city to drive- in. bottles everywhere -- pot- holes everywhere. there is oil changes. we have preventive maintenance. that is when you want to get a spare and put the vehicle o, hae the brakes looked at. commissioner fung, you mentioned two-hours. every time you go to the bathroom, if you're not there, you log off.

if you go through a million waybills, you will see these in- and-outs all the time. the machine will automatically log you off if you don't enteanr a trip call. president goh: any other public comment? the matter is yours. >> mr. murray, if i could, sir? even though this is the second time -- [no audio] aside from the issues of if the waybills were manufactured,

if they were to be excepted -- accepted -- >> if we take into consideration that each is accurate and valid, for the years he submitted over 80 waybills. >> how do we know for sure that when someone else is -- is that the medallion number? if two individuals have submitted waybills, how do we know that the individual -- [no audio] in otherwords, two people could not have unless it was an

error. they indicated that as per habit, he'd write down 95. let's assume he was the one who and driving. how do we know that someone else did not claim to be driving? >> if you look at the shift times, you see 93. they are both overlapping, he was out from 10:00am until 8:00pm. there is clearly a problem and because you are driving the same car between 3:00 and 6:00 p.m..

>> i don't understand how you -- the appellant is the individual as opposed to the other individual. >> i see. the individual we are looking at is here. in his case, if you look at the log ons, he wrote 9053. it shows 224353, but he wrote 9053. it overlapped with someone

else. or we look at smart card records. we look at a similar waybill. it will show that he was at the airport, and there would be no injuries. i don't believe he has a smart card to pick up out of the airport. we will be able to find pretty quickly whether they are at the airport or not. >> will let also prove that he was not driving under a different medallion? >> assuming that that were the case, we would still check.

it goes to the person, not the vehicle. we show that whoever is holding his car to check in at the airport. -- card checked in at the airport. we have to look at log ons. it is determined that you were actually in 2223. it is a tiered process. we have to look at other corroborating evidence. and they can be written down in any way by any person. >> that might have more to do with the poor way i ask teh question - -th- the question rather than your answer.

we have established he was not driving 9053. how do you know he was not driving another car? as opposed to his not having driven at all. and having fabricated a wybill? -- a waybill? >> the absence of teh lohe log n would lead us to believe that he did not drive that day. >> it has been quite a while since we have heard this case. he had driven approximately half of the year. was the department given his waybills for the last half of 2010?

>> we did not request 2010's waybills. we requested 2005. >> i believe there was testimony made at the previous hearing that he was driving significantly during the first half of 2010. but i just remember that? >> we would not have had waybills after he had submitted his first round. if we had any evidence, we would only have had it up until that point. >> isn't that pro-ratable?

>> the rules are constantly changing. it is possible. at the time, the hearing officer could have chosen tthe number. but they did not do so. >> you have a copy in front of you that does not allow for pro- rating. >> it does allow other corroborating documentary evidence instead of the written waybills. right? >> right. >> i have a question. in your mta analysis of the

waybills and discrepancies, going to the question that commissioner garcia was asking, that it was not the other driver misreporting his or her record, where if any areas in your analysis would there be a question of doubt? in to what extent did your department to give the benefit of the doubt to the appellant. >> there are blind spots. for example, one thing we would have a difficult time being able to look through his if there were no airport pickups at all.

if we went through the entire year, we would not be able to look at any smart cards. we don't have anything that says that you were at the marriott for st. francis. in that sense, we give the benefit of the doubt to the driver because we are not going to disprove what you have, but if there is an overlap, we have to bring in what the other drivers have. that is a complete blind spot that we would have a lot of difficulty resolving. >> in terms of resolving the d't he say that in 2005, he was at a

modest because it was believed [unintelligible] >> correct. >> thank you. president goh: comments, commisiosioners? is it submitted? commissioner garcia>> i have a t necessarily a position yet. the medallions, the numbers are being expanded. there are issues related to the sale of the medallions. part of me says that something somebody has waited 17 years for, if it is significant to for, if it is significant to their financial situation, you