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Businesses that are transporting the public, for hire, in privately owned vehicles should be regulated equally under one ordinance.
Coalition for Fair and Competitive Transportation
The Taxi Industry wants to be regulated in the same ordinance as UberX and Lyft because a separate ordinance means special treatment. Taxi Companies, Drivers, and Owners do not want to be left behind and need to be able to compete with UberX and Lyft on a level playing field. How Minneapolis Taxi Regulation compares to the 4-18-14 special Proposed Ordinance for UberX and Lyft: The new proposal defines a “TNC” as a company that provides dispatch of prearranged transportation though a digital device. This is a distinction without a difference:
• Taxicabs also provide dispatch through apps, online, and by phone—all digital. • “Prearranged” is defined in the proposal as transportation that is offered and accepted
through a digital platform before transportation commences. Taxicabs also provide prearranged transportation by this definition, and also well in advance of the time the transportation commences.
• “TNC” drivers and “TNC” companies like Uber and Lyft make a profit on transporting customers.
• It is apparent that UberX and Lyft have designed their business model to avoid liability for drivers, insisting that they are not transportation carriers, and the Proposed Special Treatment reinforces and supports avoiding liability.
• The underlying theme of self-regulation for purported TNC companies will be difficult for the City to monitor, and the self-regulation will allow TNCs to arbitrarily discriminate in their selection of drivers and customers.
Current Taxi Driver Requirements in Minneapolis
4-18 Ordinance Proposes Special Treatment for “TNC” Drivers
All permissible rates, fees, and charges are set in the City Ordinance
TNCs decide what their prices are and can apply “surge pricing” when they decide that demand is greater. Uber and Lyft are given complete control of the prices charged (Lyft charges $100-$250 for damages)
Must not overcharge Rates set by private company, increased “surge pricing” is allowed
May not operate a taxicab unless applicant files with the city a commercial insurance policy
Driver only required to hold personal insurance which will not cover them operating commercially (for profit)
Cabs from other cities may not pick up passengers in the City of Minneapolis (if Minneapolis Taxis pick up in Saint Paul, they have to be licensed there as well)
No restrictions on who can pick up Minneapolis passengers
Must pay tuition and take 6 classes for taxicab driver course, taught by city employees or an
Special “driver training course” approved by License Official, likely administered by private
educational institution under contract with the city, and retake course if license lapses 1 year
company
Annual criminal background checks through the City
Background check annually, self-regulated by the private company
Each driver must provide a copy of his/her driving record annually
No more than 4 moving violations in the last 3 years and no more than 2 moving violations in the last year, self-regulated by the private company
Drivers must have one year’s driving experience as a licensed driver, verified by an affidavit signed by a reputable person
Must have one year’s driving experience as licensed driver, no verification required
Drivers cannot be in possession of or consume any alcoholic beverage or controlled substance within 4 hours of beginning a shift or while on duty
Private company must post a zero tolerance policy for drivers’ consumption of intoxicating substances, self-regulated and no enforcement requirement described
Drivers are prohibited from having an addiction to liquors or drugs
No prohibition
Drivers must operate taxi in accordance with the laws, statutes, ordinances and regulations of the state and city with due regard for the safety, convenience, and comfort of passengers and the general public
No requirement
Drivers must not operate a taxicab while using an electronic wireless communications device to write, sent or read a text based communication, even if hands-free
Use of electronics is part of the basic business model – accepting customers, notifying customers that they have arrived, etc
Must not operate a taxicab while using a wireless telephone, even if hands-free
No prohibition and drivers are provided a smart phone to conduct business
Must not drive a taxicab for more than 12 hours in any 24 hour period or more than 72 hours in any 7 day period.
No requirement
Must pass DOT exam No requirement Must maintain daily logs/trip sheets No requirement Must abide by dress code No requirement May not use cell phones/Bluetooth No prohibition – and drivers are provided a
smart phone to conduct business May not park at meters May park if they feed meter May not park on city residential streets May park anywhere No smoking allowed in taxi No prohibition Cannot take money up front Every customer’s credit card is pre-approved Waivers on street No waivers No cancellation fee Cancellation fee of $5 Minimum charge $5 Minimum charge $5.70 (increases with surge
pricing) Must be courteous with the public and city employees authorized to administer regulations
No requirement
Must assist passengers to enter the vehicle and to load and unload luggage up to 50 lbs.
No requirement
No driver shall refuse to convey an orderly person or persons upon request anywhere in the city, no discrimination allowed
No requirement
May not pick up any other passengers without the consent of the first passenger or passengers
No requirement
Must accept and convey wheelchair users No requirement to transport wheelchair users Must keep a clean appearance, and wear long pants or Bermuda or postal-type shorts, a shirt with a collar or turtleneck, and shoes and socks or sandals with a strap that fastens over the instep or around the ankle. No holes, tears, or prominent stains in clothing. Sport jerseys only with city approval.
No requirement
Must not play radio or tape player without consent of passengers
No prohibition
Must inspect vehicle at beginning and end of shift and make entry recording inspection in trip sheet.
No requirement
Must inspect vehicle to make sure it is clean and must wash taxi once per week.
No requirement
Must inspect vehicle for lost articles, and driver is responsible to attempt to immediately return it. If not possible, notify dispatcher. Taxicab owner and service company must make diligent effort to locate the owner of the lost article for at least 30 days and maintain a log with a description of each lost article.
No requirement
Must not have in possession while operating a cab any firearm, knife with a blade in excess of 4 inches, or any assault weapon
No prohibition
Must not lock, disable, or refuse to unlock any taxicab door to detain a passenger
No prohibition
Cannot deceive any person as to a destination, route, or authorized rates or fare
No prohibition
Must not allow more passengers to occupy the vehicle than its normal seating capacity
No prohibition
Must not operate a taxicab in violation of the Minnesota Clean Indoor Air Act
No requirement
Must not pay any doorman, bellhop, or any other person in return for referral of passengers
No prohibition and currently a regular practice by Uber drivers
Must display taxi driver’s license on the dashboard of the vehicle
No display required on dashboard
Must have a Minnesota driver’s license May have a Minnesota or Wisconsin driver’s license
Must have a taxi driver’s license issued by the City, must pay fee, and must renew annually.
No requirement, no fee, self-regulated by a private company
May not drive for a different cab company without obtaining a new license
No restriction
License may be revoked by the city for cause after a hearing
No license for the city to revoke
Taxi Vehicle Requirements 4-18 Ordinance Special Treatment for
“TNC” Vehicles May not operate a taxicab unless applicant files with the city a commercial insurance policy
Driver only required to hold personal insurance which will not cover them operating commercially
May not operate without license issued by City Self-regulated, only endorsed by TNC Must be painted with the common color scheme of the taxi service company
Only required to have some unique visual element that may be removed
Owners must pay $475 annually to maintain their license
No requirement
Taxicab license issued by the City No requirement Must display license number in multiple places so it is plainly visible at all times
No requirement
Licensing official must keep records of licenses with a register of the names of each person owning or operating a vehicle
Self-regulated by TNC, no requirement
Vehicle cannot be more than 5 years old Can be up to 10 years old Two inspections annually with a cost of $135 per inspection
Inspection only for initial endorsement by TNC, no fee, likely self-regulated
Must be examined and found to comply with 18 different points of inspection, including being inspected for mechanical compliance, being equipped with emergency triangles and a fire extinguisher, a Braille information card, seat belts, and cleanliness
Vehicle must not have rust or damage, special TNC vehicle inspection sheet
Mandatory safety equipment, including at least one of the following: digital camera security system, security shield, or GPS.
No requirement
Vehicles must be thoroughly washed and cleaned inside and out at least once a week
No requirement
Cabs from other cities may not pick up passengers in the City of Minneapolis
No prohibition
Charge must be changed to keep 6 years No requirement Replacement vehicle must be reauthorized and follow same criteria and fee must be paid
No requirement
Must carry commercial insurance Private insurance City is certificate holder on insurance No proof of insurance required Must have fire extinguisher and emergency triangle
No requirement
Must have blind card in vehicle No requirement Inspector and police may search for compliance
No enforcement
Rates must be posted in cabs No requirement Taxi vehicle owners must meet background check and driving record check requirements
No requirement
Must report if there is a change in the ownership of the license or if there is a chance in the stockholders, officers or managers
No requirement
Specific procedure to sell a taxicab license No requirement Taxicab licenses may be revoked if the operator fails to pay a judgment for damage to property or persons while operating taxicab
No requirement
Owner of taxicab is liable for each and every violation of the chapter by their agent or employees
No requirement
Specific requirements to be able to lease a taxicab to a taxicab driver to operate
No requirement
Taxi Company Requirements 4-18 Ordinance Special Treatment for
“TNC” Companies Commercial insurance is specific to each vehicle to ensure full coverage in case of accident
Carry commercial automobile liability insurance and no-fault personal injury protection—(1) the accessibility to this form of insurance for small businesses is unclear (UberX and Lyft are insured by related entities), (2) no reliable support has been offered to demonstrate that this new approach to insuring will provide adequate coverage, (3) this insurance is only required to cover when the driver is “active on the TNC dispatch system,” protecting the TNC from liability and leaving a gap in coverage
10% of fleet must be wheelchair accessible, ADA compliant vehicles
No requirement
Must provide drivers with training on the special needs of persons with disabilities and on operating and maintaining vehicle accessible features
No requirement
Must report to the City the number of rides provided by each vehicle and the start and end locations, and the response to the request
Only required to track the number of requests for a wheelchair accessible vehicle, no requirement to transport wheelchair users, pay an undisclosed fee
Must pay $1100 annually to maintain their license
Fee not disclosed
Must complete license application Special application not disclosed 24 hour dispatch Only dispatched via app, reliability
questionable Maintain records No requirement Annual performance review and inspections by the City
No requirement
Uniform paint color scheme for taxis and identifiable logo
Only required to have some unique visual element that may be removed
Must report the number of taxicabs in service in each 12 hour shift, and during each shift for each taxicab: the number of dispatched calls taken, the number of total fares, the total response time for each trip, the average time to respond, and the number of scheduled and unscheduled rides for wheelchair accessible service.
No requirement
Posted rates No requirement Maximum charges No requirement If the driver cannot return a lost article, taxicab owner and service company must make diligent effort to locate the owner of the lost article for at least 30 days and maintain a log with a description of each lost article.
No requirement
Service company office within 12 miles of Minneapolis City Hall
Same
Deemed agent for the service of all notices, orders, and other correspondence from the City to taxicab owners and drivers under the company’s color scheme
No requirement
Must take affirmative measures to ensure that taxi owners and drivers comply with regulations
No requirement
Responsible for the operation of an unlicensed cab or for unlicensed drivers
Only responsible when vehicles are active on dispatch system
Insure trip sheets are filed and maintained No requirement If a request for service is not answered within 15 minutes, dispatcher must order a taxicab to respond immediately
No requirement
Promptly respond to complaints by passengers No requirement Promptly respond to requests for information by licensing official
No requirement
Must provide city with documentation detailing specific required safety equipment
No requirement