into what we call generically the taxi pit at the airport. you use your car to get in and wait in line with the other taxicabs. there can be up to 200 cabs at a time. you usually wait for 30 minutes , 2.5 hours. when you are called to pick someone up, you then can exit. upon exiting, you can tap out your card. after you have your customer, you go. that being said, with mr. omar saying he was at sfo, we did a quick spot check for 2008. we did it for other years as well. for 2008, there were at least 40 ships where mr. omar said he was at the sfo, and there was no activity on his smart card. you are the person who owns the smart card and puts money on the smart card. when you use it, the amount is

deducted from your card. i do not know what the argument is for mr. omar in terms of how he believes he has met the full time driving requirement. having others say that you have or you yourself saying you have does not make it so. way bills are the primary determinant for this requirement, and he simply does not have them. i do not think there is too much more to say about that. then too. president peterson: thank you. we can hear now from the appellant. thank you. >> good evening. i represent omar in this hearing. omar has been driving a taxi cab in san francisco for 15 years. he has a car that has been current and active since he obtained it 15 years ago. he is a gas and gate driver right now. he works for several permit

holders, some of which testified earlier today. another will testify during public comment. omar put his name on the waiting list for a medallion in 1996. his name came up with in the last year or the respondent denied the application for two reasons. he was 2 points shy of the examination which was not required to pass. there is no rule that they pass the examination, only that they take it. to the issue of being locating places within san francisco, now that there's gps, there is no reason to know exactly where

every place in san francisco. many of the responses that were marked as incorrect or subjective and confusing questions, especially in light of the fact that his first language is not english. i was confused to many of the questions and i have a law degree. also one of the question was when the driver should produce a safety check. he marked his second answer which it is important, when i hear a noise while driving. as a passenger, i hope that he would perform a safety check. both answers are correct.

if they go into the questions. the hearing officer consider that some of the bills were fraudulent. the decision was based on an overly critical analysis which has been abandoned. instead, the respondent sole cause for the denial was the inference that the astronaut possible because of that airport records but there is no evidence and they are accurate or were liable. this is not authenticate the records in any way. there is no evidence that the records actually account for every time a taxi driver comes into the airport to pick someone up. there is no evidence at any other person was operating the taxicab that omar said he was

operating. it is unreasonable to face a denial on the application. he has been driving full time. he continues to settle this. the has more than satisfied the requirement and he has been misplaced bills. there was at least one letter and in support of his application of for medallion holders. one of the letters is a gentleman that is here today. it says here that if mr. omar

said that this is not the only original bill, he has and i will respect his honesty and request that the mta and the officer understand the possibility of losing labels and conducting our business. he also at the hearing presented a list of 200 other drivers who attested to his driving and had many in the audience. thank god they did not bring them tonight because he would not have any room for them. he would like to say a few words so i will conclude when i get my rebuttal. >> good evening. i have driven a cab for 15

years. have to wonder witnesses and -- i have 200 witnesses. i am a full-time driver. call any of the witnesses. they say that i am not a first- time driver. if i make a mistake with a the time, sorry about that. everyone makes a mistake. i am a full-time driver. if you want, i will bring it up. think you.

>> we have the list that was submitted. >> ok. the question i have relates to one of the first points that was made about even with the members submitted, your client still did not meet the requirements. the 2009 and 2010 that have been referenced for your presentation, and, am i to understand that those will show that he met the requirements for 2009 and 2010 because they are listed in your records? >> the information that he submitted to the application was

back in august of last year and so when he submitted the information, he only had until july. that is why we have 2009 and 2010. this was not considered because of when the application was submitted. >> would you agree because of that, the applicants did not meet the full time driver requirements notwithstanding any questions about the san francisco airport bills. >> we don't agree with that because while he did not submit 800 hours, the rebels but he did not have them. >> the issues here are on two

shifts in 2000. >> in 20062005, they were short and in 20006, they were short.

there was reference to some bills where they were a key for the same day. >> even with the records that exist, it is true that he is short the required ships for 2005, 2006. >> based on the bills that he was able to obtain. >> yes. >> the reason i am short, the company does not keep the bills. before three or four years ago,

no one can keep these. after two months, one month, they throw it away. they said i don't have any because the law has changed originally i have it and i'd bring it. the original i have it, i'd bring it. they don't bring it. thank you. >> along the same lines, the department is same that some of those bills do not demonstrate the maximum number of hours for

the shift meaning 10. if that is the case, then the shortage could be much greater than the number of ships that were short depending of course on the bills that were misplaced. >> i'm not sure which years the respondent is referring to regarding the shortage of hours. it is possible that that is here that he had more than enough. i don't know what you are referring to. >> i guess i do have a question you reference to 2009 and the 2010 bills and yet i did not see them in your brief.

>> we have them. >> no one has a chance to look at them and see if the dates are wrong. this might be that there's not sufficient proof. >> the reason we did not attach it in this case is because my understanding is you are limited to the record on the underlying action and that is why we did not submit this. >> ok. thank you. >> that is why we are willing and able to. >> thank you. >> anything else? >> that is it. >> we can move back into public comment. if you wish to speak, please set forward.

bernanke. >> -- thank you. >> i am the manager and i have known ramon for fifth -- i've known omar for 15 years. we have worked together very closely. he is a very good driver. he is very disciplined. the reason that this could be some kind of discrepancy in our job and sometimes we lose the

bill, even during the process of checking. there was a time when the lost. the companies had it for five years, 10 years. there was about five or six hearings during the process. there was a time when they were allowed to present each candidate for four years. they would get their medallion. in four years, only nine bills. the other guy, only 8 bills.

the department is four years. within the consistency, i can understand. there's nothing that we can do about it. there is not consistent work. he works so hard. i should not be here today if he is not really a person who never worked or a person who is not working that much. i cannot be in front of you. he is a good driver. >> thank you. >> i have a question. when did this lack of consistency occur? >> approximately the guy's got the time that you wanted the dates. -- approximately the time that

you got the dates. there was a time when the hearings officer, he took three years and i think 6, 7, eat. then they took seven bills. those would be counted as one full year. mr. omar had two bills. >> i heard that. >> he also indicated that certain schemes throw with their bills quickly. is that the same with your company? >> no. he for it himself to me directly and i give you this many bills.

i am not expecting him to lie in front of you or anyone. there is no way that i can tell. >> thank-you. >> is anyone else here to speak? >> i would like you to keep in mind that we are still disputing the pills that he has. when he used those numbers, i based upon all claims. the number he submitted was a lot lower than what he is claiming. you have to make the 800 hours each year. in terms of the company throwing

away bills every two months, that is not true. all of the companies have had their bills for at least six years and we can go back and you have seen people who have had them going back 2005, 2004, to maintain those bills. there has not been any indication as to how they were lost, if they ever existed, or what happened, if this -- and he said that he gave him all that he had and he came to me and said that i lost them. this requirement is not is rigid requirement, this is a minimum. and you can drive for nine

months two days a week and still fulfill this requirement. i believe that mr. omar has an occupation besides driving a taxi cab but he is aware that he is short and he has been aware that he was short. people know who he is. we did not dispute this. this is not mean that you are out driving. the primary issue here is whether he fulfilled a full-time driving requirement. he did not. we cannot get out a permit for people who do not.

with that being said, nothing against mr. omar, but we don't believe that he fulfilled a the permit requirements. >> i have a question about the types -- i am assuming that you are the person to ask. when people are up for a permit, and medallion, are you seeing people having difficulty meeting the driving requirement. obviously, once they come to us -- >> that is the primary issue. >> what is the percentage of people who get on this list and cannot meet the requirements? >> i would say 1/3, 50%. we will send out 20 of the letters that only 10 will

qualify. a lot of it is a function of that has been a long time. sometimes we stop driving and i am close to the top. they come back to the company and, i did not drive that much but i will start driving right now. that is what we see, people have been waiting and then they realize that they're close but they are light in the first few years and they are heavy in the last few years. we want to take this seriously. many did not take this requirement until they realize that they have to do this to get a permit. >> can you talk about the gps.

>> there's nothing about using gps. it is true that many of the cars are beginning to get more of the gps data in fault. i have seen people who have it on their smart phones. we have the requirement that you need to know your way around the city. >> is this a specific address, a landmark? >> this is not a specific address but a landmark.

we will ask you about the bigger hotels, that kind of thing. we want them to know the basics on how to get around. we want them to serve every part of the community. >> could you speak to the notion that one does not need to pass the test, just take the test. >> been there would be no point of the minister in the test. the section says that you must take this as required as part of your medallion application. >> any comment on that there's no consistency in your review process. >> i am unaware that anyone who

has been granted a medallion for three years. i don't know situation that has occurred like that. and that has not happened. >> this has been with the mta for about a year. >> for about a year and a half. i believe this was in march of 2009. >> thank you.

>> one of the questions asked is what st. the entrance to city hall was on. two of the answers were polled and the growth. mr. omar. both of them because this was at the corner. in actuality, this is -- the test itself at the wrong answer. the best example of the questions they asked with respect to finding locations in the city. with respect to throwing away the bills, this happened years ago and not necessarily in the past two or three years. i believe that there was a rule that was instituted about keeping the bills for a certain amount of time and the possible

20052006 and to go back and look. with respect to how many people are denied their permits, let me just say that i have been representing this for five years. i've gotten calls from people who are being denied permits. it seems that once the mta to go for, they became overly strict and their application of the rules. the way you can look at a bill and whether or not this is accurate. this might be one of the problems, in the past, it was granted for three years and a little bit of the fourth year and all of a sudden it is not. in closing, we believed that the application and the decision to deny this is contrary to the

lock and to the evidence and we request that the application be granted where the decision be overturned or alternatively, it gives omar a fair shot at taking the test again and submitting the bills from 2009 until the present. if you have any other questions, i would be happy to answer them. >> are there any questions? commissioners, the matter is submitted.