Laws being broken….

The following list of laws are just a a few of the laws being broken by the TNC companies.

Title 49 USC 13102 – Definitions
(19) Pre-arranged ground transportation service.— The term “pre-arranged ground transportation service” means transportation for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including the driver).
(22) Taxicab service.— The term “taxicab service” means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that—
(A) is licensed as a taxicab by a State or a local jurisdiction; or
(B) is offered by a person that—
(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from airports.

California Public Utilities Code Section: 103301.5 – Notwithstanding any other provision of this part, before the district may establish any demand-activated service or system which may, at any time, divert, lessen, or compete for the patronage or revenues of any existing taxi service, the district shall give a written notice to that service. The written notice shall describe the demand-activated service or system which the district proposes to establish and shall state the time within which the district proposes to establish such service or system.

103301.6 – If any demand-activated service or system operated by the district diverts or lessens the patronage or revenues of any existing taxi service by causing a loss of patronage or revenues in the affected service area of any existing taxi service to the extent of 10 percent or more, the district shall not continue its demand-activated service or system, or maintain and operate the service or system, until it has completed the purchase of any existing taxi service or any part thereof. No purchase of an existing taxi service, or part thereof, need be made by the district as a result of the establishment or operation by the district of any service or system other than a demand-activated service or system.

(I know this refers to “districts”, but shouldn’t that preclude the state imposing this on multiple districts?)

From Transportation License Section
State of California Public Utilities Commission
Basic Information for Passenger Carriers and Applicants:

TCP and Taxicabs Distinguished
Based on the information above, it may seem that there is little or no difference between a charter-party carrier and a taxi cab. In fact, the two are separate and distinct types of transportation. A charter-party carrier may not operate as a taxi, or advertise as to indicate that it provides taxicab service. Taxis are licensed and regulated by cities and counties, while charter-party carriers operate under authority from the CPUC, subject to the Public Utilities Code and CPUC regulations. Taxis have meters and top lights: Charter-party vehicles do not have either one. The most important operational difference is that TCP transportation must be prearranged. Taxis may provide transportation “at the curb”, that is a customer may ”arrange” taxi transportation by simply hailing a cab from the sidewalk. All transportation performed by charter-party carriers must be arranged before hand, and the driver must have a completed waybill in his or her possession at all times during the trip, showing, among other things, the name and address of the person requesting or arranging the transportation (the chartering party), the time and date when the charter was arranged, and wheher it was arranged by telephone or written contract, the number of persons in the charter group, the name of at least one passenger, and the points of origin and destination.

(The language of 5360.5 obviously needs to be changed to make a clear distinction between “prearrangement” and “on demand”. The language needs to take into account new technology that enables passengers to “hail a cab from the sidewalk” and see around corners, rather than allowing new technology to eliminate the distinction between the two modes of transportation.)

California / Public Utilities Code – PUC / CHAPTER 2. Definitions [103010. – 103022.] / Section 103022.

Section 103022. (Added by Stats. 1976, Ch. 1358.)
Cite as: Cal. Pub. Util. Code §103022.
“Existing taxi service” means any public passenger transportation service which (1)is not subject to the jurisdiction, control, and regulation of the Public Utilities Commission, (2)is available for hire on an exclusive or shared-ride basis, (3)is on call or demand over the public streets within the county in a motor vehicle of distinctive color or insignia equipped with a taximeter which is demand activated and operated by a licensed driver at the direction of passengers, and (4)was operating on January 1, 1974.

CPU Code 5413.5(b)
(b) Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid certificate or permit in violation of an ordinance or resolution of a city, county, or city and county, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission may assess interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in the General Fund.

(I included this to show that in order to be considered “operating as a taxicab”, a toplight and/or meter, signage etc is not necessary.)

Calif. Govt. Code Section 53075.8
(c) (1) In addition to any other remedies that may be available by law, if a local agency determines that a taxicab transportation service has operated within the local agency’s jurisdiction in violation of the local agency’s ordinance adopted under Section 53075.5, the local agency may notify the taxicab operator that the local agency intends to seek termination of the operator’s telephone service. The notice shall be sent by certified mail to the operator at the operator’s last known mailing address. If the local agency is unable to determine the operator’s mailing address, the local agency shall post the notice for at least 10 calendar days.

53075.9
(b) For purposes of this subdivision, “advertisement” includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.
(c) Whenever the local agency, after a hearing, finds that any person or corporation is operating as a taxicab transportation service without a valid certificate, license, or permit or fails to include in any written or oral advertisement the number required by subdivision (a) of Section 50739, the local agency may impose a fine of not more than five thousand dollars ($5,000) for each violation. The local agency may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the local agency. The local agency may assess interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in a fund established for the purpose of enforcing the provisions of this section.

(I would argue that Uber’s advertisements that UberX is “better, faster, cheaper than a taxi” is tantamount to advertising for taxi service.)

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One thought on “Laws being broken….

  1. UberX has turned into a complete fraud. When UberX was first started in 2012 a test of SF geographic knowledge was required to be taken at the 405 Howard St Ste 550 office. Since early 2013 Uber after the incorporation of personal vehicles into UberX Uber waived the test for UberX. As a result the driver quality and knowledge of SF geography is way less than a SF Taxi drivers or TCP Limo driver.

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