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Q&A

Gennaro questions Zogby on stacked violations and inability to correct drivers

New York City Council · Oct 20, 2026 · starts 2:12:39 · 5 min 1 sec

Gennaro asks Zogby to explain how delayed notices create multiple violations before a business knows about the first one. Zogby says drivers may be gone by the time notices arrive, making corrective action impossible.

James F. Gennaro

Thank you.

James F. Gennaro

And Mr.

James F. Gennaro

Zai, we have a question for you with regard to, I think everyone needs to understand this.

James F. Gennaro

So a business like yours, you were talking about, you know, you get a...

James F. Gennaro

Fines are, you know, violations are put into the pipeline, and you don't know about any of them.

James F. Gennaro

And so you end up getting first violation, second violation, third violation, before you even know you've had a first.

James F. Gennaro

Talk a little bit about that.

James F. Gennaro

Somebody's putting thumbs down to this.

James F. Gennaro

I would ask the audience not.

James F. Gennaro

Yeah, I'm, you know, Mr.

James F. Gennaro

Zogby has.

Member of the Public - Larry Zogby

What's that?

James F. Gennaro

Okay.

James F. Gennaro

Council said you can put your thumbs up and down all you want.

James F. Gennaro

As long as it's silent, it's fine.

James F. Gennaro

Okay, so.

James F. Gennaro

I'm encouraging people.

James F. Gennaro

Having the inability.

James F. Gennaro

So just talk to me about that.

Member of the Public - Larry Zogby

We get a fine 500, 700, 962 days later, two and a half years.

Member of the Public - Larry Zogby

How do we protect ourselves from that?

Member of the Public - Larry Zogby

And then we're getting multiple fines on vehicles, and the driver could be gone already.

Member of the Public - Larry Zogby

We can't even enforce action on a particular driver.

Member of the Public - Larry Zogby

That's why I gave a four-step program.

Member of the Public - Larry Zogby

If we get a violation, we want to pay for it, but send it out within 30 to 45 days.

Member of the Public - Larry Zogby

Right now it's more than two years.

Member of the Public - Larry Zogby

Schedule a reminder within, you know, schedule hearings within 90 days.

Member of the Public - Larry Zogby

Let us comply in a format that makes sense.

Member of the Public - Larry Zogby

But right now we're spending tens of thousands of dollars because of the due process, not because we don't want to comply.

Member of the Public - Larry Zogby

So that's the wrinkle.

Member of the Public - Larry Zogby

I'm grateful that you're having this here.

James F. Gennaro

You know, we're trying to make a situation that's not working very well for anybody better.

James F. Gennaro

Yeah, we are seeing some behaviors change or whatever, but...

James F. Gennaro

You know, we can't be having this years-long process.

James F. Gennaro

During this, so when you, so what happens is, you know,

James F. Gennaro

you would be notified of a bunch of violations like at one time saying that this, so you got a first violation, second violation, third violation, and this is, and you never knew you even got the first one.

Member of the Public - Larry Zogby

That's correct.

James F. Gennaro

And the second violation, third violation, you know, accrue penalties and you have to.

James F. Gennaro

Deal with that.

Member of the Public - Larry Zogby

We can't even reconstruct the penalty, and the driver's not even there.

Member of the Public - Larry Zogby

Driver could be gone.

Member of the Public - Larry Zogby

There's turnover.

Member of the Public - Larry Zogby

Driver could stay for a year, year and a half.

Member of the Public - Larry Zogby

We're not getting these violations for over one year, two years, 500, 700, EBIT, 962 days after the violation.

James F. Gennaro

And now certainly you train your staff, you know, to do whatever you want them to do, like regarding idling.

James F. Gennaro

But...

James F. Gennaro

In terms of calling a driver to task because they were idling or whatever, by the time you get the violation, it could be that there's turnover, the person's not there anymore.

Member of the Public - Larry Zogby

That's correct.

James F. Gennaro

Right.

James F. Gennaro

So in terms of trying to correct staff behavior, this...

James F. Gennaro

This is another reason why this lapse in processing is a big deal.

Member of the Public - Larry Zogby

It's the due process.

Member of the Public - Larry Zogby

If we make a mistake, we're more than happy to right the game.

Member of the Public - Larry Zogby

We want to comply.

Member of the Public - Larry Zogby

But how do you comply when it's two and a half years later?

James F. Gennaro

Okay, I think Zach wants to get in on it.

James F. Gennaro

So I will formally ask Zach if you can expand.

James F. Gennaro

Okay, yeah, Harvey's going to get you too.

James F. Gennaro

Yeah, so.

Member of the Public - Zach Miller

Absolutely.

James F. Gennaro

Yeah.

Member of the Public - Zach Miller

Is evidence, right?

Member of the Public - Zach Miller

Like we talked about in the last panel about.

Member of the Public - Zach Miller

There are defenses.

James F. Gennaro

Sergeant, can we get a better microphone?

James F. Gennaro

It looks like we've got a microphone that's on the fritz.

Member of the Public - Zach Miller

Companies don't maintain those records for two years.

Member of the Public - Zach Miller

So by the time a company will get the summons, they could have been.

Member of the Public - Zach Miller

Having a legitimate reason to idle, but they no longer have the evidence of that.

Member of the Public - Zach Miller

That's why we need to get the due process right.

Member of the Public - Zach Miller

And we also need access to the videos right away.

Member of the Public - Zach Miller

If you look at the red light camera program, that's a program that works incredibly well.

Member of the Public - Zach Miller

Respondent is notified properly.

Member of the Public - Zach Miller

They are able to access the video and they're able to determine if it is worth contesting or if they are guilty and pay the penalty and change their behavior.

Member of the Public - Zach Miller

We do not have that opportunity in this program.

Member of the Public - Zach Miller

And that's what Larry was talking about.

Member of the Public - Zach Miller

That is what all of Tanny's membership has been saying for years and years and years.

Member of the Public - Zach Miller

It is a due process problem.

James F. Gennaro

Okay.

James F. Gennaro

Yeah, I'm good from my end.