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Home My WebLink AboutItem 02 Proposed Changes to Springfield Municipal Code 7.330 and 7.332._RedactedORDINANCE No. __________ (General) AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTIONS 7.330 AND 7.332 REGARDING PUBLIC PASSENGER VEHICLE SERVICES The City Council of the City of Springfield finds that: WHEREAS, the City of Eugene administers public passenger vehicle company licenses and public passenger vehicle permits on behalf of the City of Springfield; WHEREAS, transportation network companies, such as Uber and Lyft, are a new industry and the city seeks to develop reasonable regulations that protect public safety; WHEREAS, transportation network companies have been operating in the city’s jurisdiction; and WHEREAS, the City of Eugene has amended the Eugene Code to allow transportation network companies in Eugene to use smart-phone applications to calculate and charge fares under a public passenger vehicle company license and the City of Springfield has determined that it is in the best interest of the citizens of this city to make similar amendments to the Springfield Municipal Code; NOW, THEREFORE, based on the foregoing recitals, the Common Council of the City of Springfield ordains as follows: Section 1. Subsection 7.330 of the Springfield Municipal Code is hereby amended to read as follows: “7.330 Definitions. Accessible Vehicle. Any public passenger vehicle for hire that is constructed and equipped to meet ADA standards for the nonemergency transportation of persons in wheelchairs, persons using other mobility aids, or with other mobility impairments. ADA. Americans with Disabilities Act. Business. Any business, institution, association, occupation, and calling of every kind. Charter Vehicle. A motorized vehicle originating from the Eugene/Springfield metropolitan area, marked with the company’s business name, operated for hire to transport a group of seven or more persons with the fare based on a group rate rather than an individual basis. Club Car Service. Vehicular passenger transportation service provided by a business to club members or by a residence home to its residents. Courtesy Car Service. Vehicular passenger transportation service provided by a business to its clients or customers at no cost. Employee. Any person employed for remuneration or under any contract of hire, written or oral, express or implied, including independent contractors. All persons who drive public passenger vehicles, including any person who has an ownership interest in the company, shall be considered employees of the public passenger vehicle company for purposes of sections 7.330 to 7.332. Hailable Vehicle. A vehicle-for-hire that can be immediately summoned by a passenger without the use of any dispatch. Manager. Any person in charge of the operation or management of the public passenger vehicle company, any person who can direct or control the activities and scheduling of the company’s employees, and any person who can hire or fire the company’s employees. Motorized Vehicle. A public passenger vehicle other than a horse-drawn carriage or a non-motorized bike cab. Operator. Any person who is a principal in a public passenger vehicle company. A principal includes all owners, shareholders, partners, directors, officers and managers. Public Passenger Vehicle. Any vehicle which is used for the transportation of passengers for hire, including, but not limited to, shuttles, horse-drawn carriages, non- motorized bike cabs, and taxicabs. However, the following shall not be considered public passenger vehicles for purposes of sections 7.330 to 7.332: (1) Vehicles, other than shuttles, operated pursuant to written authority by the city, state or federal governments, or political subdivision thereof; (2) Vehicles commonly known as rent-a-cars, that are rented to be driven by the renter or agent; (3) Courtesy car services; (4) Tour bus services; (5) First aid vehicle or medical transport vehicle; and (6) Limousines. Public Passenger Vehicle Company. Any business which operates one or more public passenger vehicles, regardless of who owns the vehicle operated. Public Passenger Vehicle Driver. An employee of a public passenger vehicle company that operates a vehicle-for-hire by transporting passengers for compensation. Shuttle. A motorized vehicle for hire that transports passengers between predetermined destinations (e.g., motels, airport, downtown passenger station), at fixed rates on a fixed schedule. Taxicab. A motorized vehicle that is operated for hire by the public passenger vehicle company, other than a shuttle, limousine, or charter. Taximeter. A mechanical or electronic device which calculates and displays a fare. Tour Bus. A motorized vehicle accepting individual passengers for a fare for sightseeing or guided tours, making occasional stops at certain points of interest and returning the passengers to their point of origin. Transportation Network Company. A person or business that provides a digital or software application scheduling platform or service that enables a prospective passenger to connect to a vehicle-for-hire. Transportation Network Driver. An employee of a transportation network company that operates a vehicle-for-hire by transporting passengers for compensation utilizing the Transportation Network Company’s digital or software application scheduling platform or service. Vehicle-for-Hire. A vehicle used for providing shared transport, which transports one or more passengers for a fee between locations of the passengers’ choice, including, but not limited to, all public passenger vehicles. Vehicle-for-Hire Company. All public passenger vehicle companies and all transportation network companies.” Section 2. Subsection 7.332 of the Springfield Municipal Code is hereby amended to read as follows: “7.332 License and/or Permit Required. (1)Licensure Requirements. (a)No person or business may operate a public passenger vehicle or vehicle-for-hire company without a public passenger vehicle company license; however, an unlicensed vehicle-for-hire operating outside the jurisdictional limits of Eugene and Springfield may deliver a fare from outside those limits to a location within the limits, and if the vehicle waits for the person, retrieve the person for the return trip back outside the jurisdictional limits. No unlicensed public passenger vehicle company may solicit or accept any passenger within the city limits except as provided in this subsection. (b)No person or business may connect, or attempt to connect, a prospective passenger to a vehicle-for-hire by providing a digital or software application scheduling platform or service without first obtaining a public passenger vehicle company license. (c)Unless driving a vehicle-for-hire for a person or business that has obtained a public passenger vehicle company license, no person may drive a vehicle-for-hire without first obtaining a public passenger vehicle company license. (d)No person or business required to obtain a public passenger vehicle company license may solicit or accept any passenger within the city limits except as provided in this subsection. (2)No person or business required under subsection (1) of this section to obtain a public passenger vehicle company license may operate a motorized vehicle that lacks a public passenger vehicle permit. (3)No person may drive a motorized vehicle-for-hire, and no vehicle-for-hire company may hire a person as a driver, either as an employee or an independent contractor, unless that person possesses a valid public passenger vehicle driver certification. Notwithstanding the foregoing, a person who has applied for such a certification may drive a taxicab if the person has obtained from the city a temporary certification; such certification shall not be valid for more than 30 days, or until the city grants or denies the person’s application for a public passenger vehicle driver certification, whichever is sooner. (4)No public passenger vehicle company may locate any part of its operation in a residential zone unless expressly authorized by the city manager or designee pursuant to the Springfield Municipal Code or the Eugene Code. (5)All persons and businesses required to obtain a public passenger vehicle company license under subsection (1) of this section shall provide the city manager or designee with written notice of the maximum rate to be charged passengers. No public passenger vehicle company shall change its maximum rate without first providing the city manager or designee with a minimum of 10 days advance written notice of the new rate. No public passenger vehicle company shall charge more than the rate on file with the city. Upon request, the city manager may exempt, by administrative order, a public passenger vehicle company from the provisions of this section if the public passenger vehicle company does not operate any taxicabs. (6)The actual fare charged for each trip by a taxicab shall not exceed the higher of either: (a)The meter calculated rate, including authorized and posted surcharges; or (b)The minimum fare as posted on the interior and exterior of the vehicle. (7)The city manager or designee shall adopt rules setting standards and establishing requirements for vehicle-for-hire companies, vehicles-for-hire, public passenger vehicle drivers and transportation network drivers; and the issuance of licenses for companies, permits for vehicles, and certifications and temporary certificates for drivers. Such rules shall be consistent with this code and be designed to ensure that the public safety is protected, the public needs are met, and the public convenience is promoted. (8)In addition to requirements established by rule to obtain a license, each public passenger vehicle company must designate a registered agent who may be served with any process, notice or demand required or permitted by law to be served upon the company. The registered agent shall be an individual or business located in Eugene or Springfield, and must be available for service of legal process during all hours that the public passenger vehicle company is in operation. (9)The term for a license issued hereunder shall commence on January 1st and expire on December 31st of the year issued. The license fee for applications received after January 1st shall be prorated on the basis of that term. An application for extension or renewal of an existing license must be submitted by November 1st, accompanied by the required license fee. Failure to submit the license fee with the extension or renewal application, or to pay the same before the end of the current license term may result in the licensee being required to submit a new application and pay an application fee. A licensee who submits an extension or renewal application after November 1st may be assessed a penalty fee of $10.00 per day for each day between November 1st and the date the application is submitted.” Section 2: Except as specified herein, all other provisions of Springfield Municipal Code remain unchanged and in full force and effect. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held, for any reason, invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and individual provision and such holding shall not affect the validity of the remaining portion hereof. Section 4: This Ordinance shall take effect 30 days after its adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this _____ day of _______________, 2016, by a vote of _____ for and _____ against. APPROVED by the Mayor of the City of Springfield this _____ day of _______________, 2016. ________________________________ Christine Lundberg, Mayor ATTEST: ________________________________ Amy Sowa, City Recorder Overview of Proposed Updates to Public Passenger Vehicle (PPV)Rules This document provides a one page overview as well as a more detailed description of the proposed updates to Eugene’s administrative rules for vehicles for hire.The full text of the proposed rules is available online at www.eugeneor.gov/ppv .For information on how to provide feedback on the proposed rules visit www.eugeneor.gov/ppv .The updates to the proposed rules are based on several factors including: Direction from the Eugene City Council.In 2015,the Council updated City code to allow vehicles for hire in Eugene to use smart phone applications to calculate and charge fares.The Council also gave staff direction to update administrative rules to accommodate new transportation models while maintaining community safety standards such as driver background checks and insurance requirements. Input from stakeholders.Over several months,staff met with a number of key stakeholders including local taxi company representatives,representatives of transportation network companies (TNCs),and representatives from other local transportation agencies and jurisdictions. Reviews of other communities.Staff reviewed rules that have been used in other communities both within Oregon and in other states. Previously identified needed changes.A few changes were made to make the rules easier to understand or to remove parts that are no longer relevant. Feedback on first draft.The City collected informalfeedback on a first draft of the rules in November 2015. Big Picture:What’s new? o Addition of TNCs.TNCs are included as a type of company that can be licensed to provide vehicles for hire. o Distinction between hailable vehicles and nonhailable vehicles.Hailable vehicles,like taxis,can be hailed by passengers on the street.Nonhailable vehicles,like TNCs,require a smartphone app to prearrange a ride.This distinction allows for different requirements based on the intended use of vehicles –for example hailable vehicles need to have rates posted on the exterior of the vehicle so people hailing them from the street know what rates to expect;non hailable/TNCs cannot solicit or accept street hails and must have their fares displayed on their smartphone app (see table on pages 34 for more information). o Simplified insurance requirement.Previously,the required amount of insurance had been linked to an Oregon state statute.The updates have removed this link and set a standard rate for all insurance coverage for vehicles for hire. o Vehicle age requirement.In order to help ensure the safety and good condition of vehicles used for public transportation,newly licensed vehicles must be less than 10 years old.Vehicles that are currently licensed can be grandfathered in. Big Picture:What’s the same? o Airport permit.Vehicles for hire must still apply for a specific airport permit in order to pick up passengers at the Eugene Airport o Vehicle safety inspections.All vehicles must pass a safety inspection by the City of Eugene to ensure the vehicles are mechanically safe and have required safety equipment. o Driver Certification.All drivers must be certified by the City,including a background check through the Eugene Police Department. Changes from First Draft Feedback o Frequency of mechanical inspection.Mechanical inspections will be required annually,rather than every six months. o Top light requirement.Only hailable vehicles added after April 1,2016 must have a top light wired to illuminate when available for passengers and to turn off when not available. Detailed Description of Proposed Updates to PPV Rules 2 A more detailed summary on the proposed changes is outlined below. Definition Updates: Added “Dispatch”Any communication system that conveys passenger ride requests to a driver of a vehiclefor hire. Added “Hailable Vehicle”A vehiclefor hire that can be immediately summoned by a passenger without the use of any dispatch.(for example –a vehicle that can be hailed on the street) Added “Public Passenger Vehicle Driver”An employee of a public passenger vehicle company that operates a vehicleforhire by transporting passengers for compensation. Added “Transportation Network Company”A person or business that provides a digital or software application scheduling platform or service that enables a prospective passenger to connect to a vehicle forhire. Added “Transportation Network Driver”An employee of a transportation network company that operates a vehicleforhire by transporting passengers for compensation utilizing the Transportation Network Company’s digital or software application scheduling platform or service. Added “VehicleforHire”A vehicle used for providing shared transport,which transports one or more passengers for a fee between locations of the passengers’choice,including,but not limited to,all public passenger vehicles. Added “VehicleforHire Company”All public passenger vehicle companies and all transportation network companies. Clarification on Information Needed for a PPV License Application PPV license applications will include the following: Name,address,telephone,email address (if available)of the applicant.If the applicant is a business entity,corporation,association or other organization,the names,addresses,telephone numbers and e mail addresses (if available)of each partner,officer,director,member and principal stakeholder. Type of business; Business name; Registered agent; Maximum rate to be charged customers; Current rate to be charged customers; Type of dispatch system to be used; Description and amount of surcharges to be charged customers; Description and amount of discounts to beoffered to customers; A completed personal history form for each principal of the business (includes address history, employment history and criminal history);and, If a hailable vehicle,the proposed color scheme. General Requirements Vehicleforhire companies (which includes both PPVs and TNCs): Detailed Description of Proposed Updates to PPV Rules 3 Have to respond to any request for service from a location within the Eugene Springfield city limits unless the vehicleforhire is limited to a specific route Cannot respond to a request for service from the Eugene Airport unless it is authorized to do so by a ground transportation activity permit issued by the Airport Manager. Insurance for All Vehicles for Hire Removed the insurance requirement that was linked to Oregon statute and simplified the insurance requirements to: o Commercial General Liability insurance for no less than $2,000,000 per occurrence o Commercial Automobile Liability Insurance for no less than $1,000,000 per occurrence Clarified that for the purpose of insurance coverage a vehicle is being used as a forhire transportation vehicle when the vehicle is available to accept a passenger,traveling to pick up a passenger, transporting a passenger,and traveling away from a passenger’s destination. Employee Records Added that employee records should include a passport size photo or a color copy of the employee’s Cityissued driver certification. Vehicle Standards Hailable Vehicles TNC/Non Hailable Vehicles Permit Must have a permit to operate Must have a permit to operate Safety Inspection Must pass a safety inspection,including certification by a commercial automobile garage every 12 months Must pass a safety inspection,including certification by a commercial automobile garage every 12 months Minimum Standards No visible damage to the body or glass.Clean interior (including trunk),Upholstery shall be fee of rips and tears and head liner shall be intact.Working Heating and air conditioning systems.Properly installed and maintained exhaust systems. No visible damage to the body or glass.Clean interior (including trunk),Upholstery shall be fee of rips and tears and head liner shall be intact.Working Heating and air conditioning systems.Properly installed and maintained exhaust systems. Interior Markings Must display the company's name,vehicle license number,vehicle permit number,type of vehicle permit issued,operator complaint telephone number,and City complaint telephone number Must display current rates of fare,including any authorized surcharge,minimum charge, or discount availability Must display the company's name,vehicle license number,vehicle permit number,type of vehicle permit issued,operator complaint telephone number,and City complaint telephone number Exterior Markings Name of the company on the exterior right and left sides of the vehicle.The exterior information may be displayed in a non permanent manner (such as a magnet)but must be in letters and numbers not less than two (2)inches in height and must be a light color on a dark background or a dark color on a light background. Name of the company on the exterior right and left sides of the vehicle.The exterior information may be displayed in a non permanent manner (such as a magnet)but must be in letters and numbers not less than two (2)inches in height and must be a light color on a dark background or a dark color on a light background. Detailed Description of Proposed Updates to PPV Rules 4 Current rates and minimum charges on the left and right exterior sides in letters and numbers not less than one (1)inch in height and shall be a light color on a dark background or a dark color on a light background Permit number at a readily visible location on the rear of the vehicle,in numbers not less than two (2)inches in height and shall be a light color on a dark background or a dark color on a light background. A top light indicating the name of the name of the taxicab company,except for vans modified in height to accommodate a wheelchair lift. Any vehicle added after April 1,2016 with a top light shall have the light illuminated when the vehicle is available to accept a hailing passenger and shall have the light turned off when the vehicle is not available to accept a hailing passenger. Color Scheme Each public passenger vehicle company licensee or applicant that will operate a hailable vehicle shall designate the color scheme desired for the vehicles to be operated under such license N/A Equipment Working seat belts,accessible fire extinguisher,and standard first aid kit. A working taxi meter Working seat belts,accessible fire extinguisher, and standard first aid kit. Vehicle Age Except for accessible vehicles and vehicles licensed by the City prior to _______,the vehiclefor hire’s model year shall be no more than ten (10)years of age prior to the date of the annual license application Except for accessible vehicles and vehicles licensed by the City prior to _______,the vehiclefor hire’s model year shall be no more than ten (10)years of age prior to the date of the annual license application Drivers o Clarified that all vehicleforhire drivers must be certified by the City o Removed obsolete language around temporary certification o Changed number of days within which drivers must report any formal charges for a crime,infraction or offense from seven to ten. Detailed Description of Proposed Updates to PPV Rules 5 o Changed “no tobacco use”to no use of any lighted smoking instrument or device,or use of oral tobacco products. o Added that drivers cannot charge a fare higher than what is posted on the vehicle or what is displayed on the smartphone which the passenger has agreed to. o Added that a driver is considered to be working as a driver whenever he/she is available to accept a passenger,traveling to pick up a passenger,transporting a passenger,and traveling away from a passenger’s destination. o Added that TNC/Nonhailable vehicle drivers can only provide pre arranged rides to passengers that have affirmatively acknowledged and accepted the estimated fare for the ride.These drivers cannot provide rides to hailing passengers,cannot solicit passengers at a forhire stand,and cannot use commercial,for taxi only,parking spaces. Hailable Vehicles o Changed “Specifics for Taxis”to “Specifics for Hailable Vehicles” 1 HAMMOND Laura A From:BEGNAUD Randi N Sent:Wednesday, December 02, 2015 1:33 PM To:@Eugene PDD PPV Subject:Airport Permits All Taxi’s and TNC’s permitted to operate at the EUG Airport also need to comply with our Automated Vehicle Identification (AVI),which requires each vehicle to have a transponder that allows the airport to bill the company $1 per pickup. Randi Begnaud Landside Development Manager Eugene Airport Administration 541 682 6637 randib@flyeug.com 1 HAMMOND Laura A From:Kayla Bethke <kayla.b@psnw.us> Sent:Friday, November 20, 2015 12:18 PM To:@Eugene PDD PPV Subject:Bring Back UBER! Please bring this back!It has helped so many people with extra income and saved so many lives.Instead of people driving drunk they now have a chance to be safe and save money.A lot of people try to save money,it’s a progressive movement! Kayla Bethke Payroll Processor Payroll Specialties NW, Inc. 2300 Oakmont Way, Ste 102 Eugene, OR 97401 Office (541) 484-6619/ Fax (541) 484-7064 www.psnw.us 1 HAMMOND Laura A From:clickrebel@gmail.com on behalf of David Bowden <hybrid@eugenehybridtaxis.com> Sent:Friday, November 20, 2015 10:27 AM To:@Eugene PDD PPV Subject:Re: Uber 1 million in insurance? Hello, Here’s a link to the website where we have posted the proposed rules and a summary/overview of them: http://www.eugeneor.gov/index.aspx?NID=3022 In the proposed rules all vehicles for hire (TNC’s like Uber and taxis)would have the same insurance requirements: Commercial General Liability insurance for no less than $2,000,000 per occurrence and Commercial Automobile Liability Insurance for no less than $1,000,000 per occurrence Thanks! From:On Behalf Of David Bowden Sent:Friday,November 20,2015 8:44 AM To:@Eugene PDD PPV <ppv@ci.eugene.or.us> Subject:Uber 1 million in insurance? 2 1 HAMMOND Laura A From:Geoff Sent:Friday, November 20, 2015 12:05 PM To:@Eugene PDD PPV Subject:Proposed Uber rules 2 1 HAMMOND Laura A From:Shawn <shawn.g@psnw.us> Sent:Friday, November 20, 2015 12:16 PM To:@Eugene PDD PPV Subject:Uber Good Day, I strongly feel that the city is better served by having uber rides available.A simple,quick and convenient way to get home safely a must for every community and ours is no exception.Waiting for an hour or more for a taxi only to be over charged and treated rudely unacceptable.With some additional competition perhaps both the taxi companies and uber would have to improve their game for the betterment of the community. Shawn Gregg,President mailto:shawn.g@psnw.us phone:(541)4846619 x 3201 1 HAMMOND Laura A From:j_man_n_ Sent:Friday, November 20, 2015 6:40 PM To:@Eugene PDD PPV Subject:Uber 1 HAMMOND Laura A From:Gin khup Sent:Friday, December 04, 2015 8:50 PM To:@Eugene PDD PPV Subject:Re: City of Eugene Requests Feedback on First Draft of Update to Vehicle for Hire Administrative Rules Attachments:photo1.jpg; photo2.jpg; photo3.jpg; photo4.jpg; photo5.jpg; photo6.jpg; photo7.jpg 2 3 1 HAMMOND Laura A From:Melanie <melanie.k@psnw.us> Sent:Friday, November 20, 2015 12:07 PM To:@Eugene PDD PPV Subject:Uber coming back to Eugene Hi, I really enjoyed using Uber. The drivers were all very professional and the app was easy to use. Their rates were cheaper than taxi’s and I didn’t have to worry about carrying cash to pay since they took credit cards/PayPal. I would strongly encourage the city to let them come back. The drivers of Uber felt like they were doing to good service to the community by cutting down on drunk driving. Esp around the college and during Duck games. Uber also gave you accurate times of arrival that are much much faster than a taxi. I’ve been stuck places waiting for a taxi for over an hour. Uber usually arrived within 15-30 minutes. Best regards, Melanie Krebs, CPP Operations Manager Payroll Specialties NW Inc. www.psnw.us Ph:541.484.6619 Fx:541.484.7064 Comments on Proposed Updates to Public Passenger Vehicle Rules As an initial matter,we wish to take this opportunity to thank City staff for the work they have put in to achieve the goal of a level playing field among existing public transportation service providers,and newcomers to the marketplace,which have been labeled in the Code as Transportation Network Companies or “TNC’s.”For the most part,we believe the City has achieved its stated goal,but some of the new distinctions between hailable vehicles and TNC’s remain areas of concern,while there remain other existing provisions within the Code that the City did not address.With that said,weoffer the following comments. 1.It is unnecessary to require hailable vehicles to bear exterior markings displaying the fares that may be charged.A requirement that said information be posted within the interior of a vehicle is sufficient to educate the consumer on what they may be charged.Requiring that information to be painted on the exterior of a hailable vehicle is redundant and creates an unfair advantage for TNC’s,because it allows the TNC’s the flexibility to implement “surge pricing”on a moment’s notice.A hailable vehicle cannot repaint its exterior markings on a moment’s notice. 2.It is also unnecessary to require hailable vehicles to have its top light turned off when it is not in service.Eugene is not a market that drives much hailable traffic and the cost associated with implementing this is unwarranted. 3.The proposed revisions fail to address the situation where a company may qualify has both a PPV and a TNC.For instance,a company that meets the requirements of both a hailable vehicle and a TNC ought to have the flexibility to put more cars on the road during high volume periods and operate them as TNC’s,even though said vehicles may bear the color scheme and top light requirements of a hailable vehicle.The proposed Code revisions do not appear to address this scenario. 4.The definition of “Employee”should be removed from the code altogether,and the term should also be removed from any other definitions such as “Public PassengerVehicle Driver”,and “Transportation Network Driver.”Whether or not an individual is an employee or an independent contractor is a matter of state and federal law.It is not a matter for determination by a local municipality.The inclusion of legal conclusions within the “Definitions”of the PPV is accordingly inappropriate.Other areas of the code utilize the term “person”or “driver”(see R 3.345E).Notably,the section governing airport shuttles also does not use the term “employee” but rather,“driver”and “operator.”We propose similar terms be utilized consistently throughout Code Sections 3.345A through 3.345F. Oregon Taxi has invested heavily in new technology that has allowed our fleet to modernize and be a test subject for the rest of the country regarding a hybrid model of PPV and TNC.We are working with our insurance to build a model that would allow us to hire individuals to use their own vehicles and we would deploy them to our fleet during high volume times.Drivers would be screened and have their vehicles pass inspection with the City then be ready to activate and work within our system.For this system to work we need flexibility within the rules. Jonas Kungys Owner/Partner Oregon Taxi,LLC 1 HAMMOND Laura A From:Jeff Larson Sent:Sunday, December 06, 2015 10:40 AM To:@Eugene PDD PPV Subject:PPV Regulations 1) Vehicle for Hire Definition Source 2) Multi-use Vehicle Prohibition 3) Age of Fleet Requirement 4) Background Checks on Vehicle-for-Hire Operators 5) Accessibility Options for Individuals with Mobility Limitations Source 1 HAMMOND Laura A From:Linda Steward <> Sent:Friday, November 20, 2015 9:54 AM To:@Eugene PDD PPV Subject:Über Please bring Uber back to our area. Sent from my iPhone RASIER, LLC 1455 MARKET STREET SAN FRANCISCO, CA 94103 Nancy Chung Allred Corporate Counsel nancy.allred@uber.com ¥ ¥ ¥ ¥ ¥ ¥ 1 From:Jesiah Hallford Sent:Monday, March 28, 2016 4:55 PM To:@Eugene PDD PPV; laura.hammond@ci.eugene.us Subject:PPV updates and changes Broadway Cab 2 H From:Chris Wig Sent:Monday, March 28, 2016 4:55 PM To:@Eugene PDD PPV Cc:HAMMOND Laura A Subject:Comment on proposed PPV adminsitrative rules Attachments:cw_PPVcomments.docx 3 4 H From:Steven Coatsworth Sent:Monday, March 28, 2016 4:45 PM To:@Eugene PDD PPV Subject:Public Comment: A Recent Work from a Willamette Law Professor Attachments:Amazon to Uber march 28.pdf 5 H From:Dan Gottlieb Sent:Monday, March 28, 2016 4:37 PM To:@Eugene PDD PPV Subject:PPV rule change comments 6 7 H From:AP Parks <aparks@arnoldgallagher.com> Sent:Monday, March 28, 2016 1:09 PM To:@Eugene PDD PPV Cc:Jonas Kungys; Jay Mayernik; Chuck Hare Subject:RE: Updated Public Passenger Vehicle Rules Open for Public Comment Dear City Manager: I am counsel for Oregon Taxi,LLC.As a provider of support services for hailable vehicles and non hailable vehicles, Oregon Taxi (“OT”)believes the proposed changes to the insurance requirements will create potential coverage gaps that will ultimately pose a significant risk to public safety.Specifically,the City proposes the addition of the following language: “For Purposes of this provision,a vehicle is being used as a for hire transportation vehicle when the vehicle is available to accept a passenger,traveling to pick up a passenger,transporting a passenger,and traveling away from a passenger’s destination.” OT has several questions regarding the practical effect of this language: 1.How will the City monitor this? 2.Has the City researched whether there are any insurers who even offer an insurance product that provides this level of onagain,offagain flexibility? 3.How long must coverage remain in place while a driver is “traveling away from a passenger’s destination”?This appears to be wholly undefined in the code,and will be extremely difficult,if not impossible,for the City or any thirdparty insurer to monitor and enforce. In summary,the City’s proposed changes to Section R3.345 C2(a)(2)appears to allow for wiggle room for coverage gaps while a nonhailable vehicle is driving around awaiting a fare via its app.There is simply no way for the City (or a third party insurer)to effectively monitor whether a vehicle is “traveling away from a passenger’s destination”,and/or remains “available to accept a passenger.”Studies have shown that these are the times when taxis are most likely to be involved in an accident.In the interest of public safety,OT submits that the City should require all Public Passenger Vehicles –hailable or non hailable –be insured at all times while on the road. Lastly,the coverage limits proposed by the City do not appear to be aimed at effectively managing the most pertinent risks created by Public Passenger Vehicles.Section R 3.345C2(a)(1)requires a commercial general liability (“CGL”)policy with minimum limits of $2 million,yet Section R3.345C2(a)(2)requires only $1 million of coverage under any commercial auto liability policy.The biggest threat to public safety posed by Public Passenger Vehicles is personal injury and property damage arising out of auto accidents –a risk that is generally specifically excluded under CGL policies.It therefore seems counterintuitive that the City wouldrequire double the amount of insurance for CGL coverage vs.that required for commercial auto coverage. Thank you for your consideration of these issues. 8 From: @Eugene PDD PPV [mailto:ppv@ci.eugene.or.us] Sent: Thursday, March 10, 2016 10:47 AM To: @Eugene PDD PPV Subject: Updated Public Passenger Vehicle Rules Open for Public Comment Thank you for your participation last year in providing input and feedback on the first draft of updates to Eugene’s public passenger vehicle administrative rules.The feedback we received on the draft proposed rules in November was helpful and several changes were made including: Frequency of mechanical inspection.Mechanical inspections will be required annually,rather than every six months. Top light requirement.Only hailable vehicles added after April 1,2016 must have a top light wired to illuminate when available for passengers and to turn off when not available. The proposed rules are now ready to move on to the formal public comment period.From March 13 to March 28 comments on the proposed rules can be submitted to PPV@ci.eugene.or.us or mailed to: Public Passenger Vehicle Program Building &Permit Services Division 99 West 10th Avenue Eugene,Oregon,97401 Comments received during this time will be added to the public record and will help inform any further revisions to the rules that will be considered by the City Manager.Final rules are expected to be approved later this spring.The full text and a summary of the changes are available on the City’s website www.eugeneor.gov/ppv . Thank you again –we appreciate your interest and participation. 9 H From:Steve Siger <ssiger@uber.com> Sent:Sunday, March 27, 2016 9:53 PM To:@Eugene PDD PPV Cc:Bryce Bennett; Nancy Allred Subject:Propose TNC Rules Attachments:EugeneResponse3.27.16.pdf Y CL PRIVIL March 27, 2016 Via Email: Public Passenger Vehicle Program Building & Permit Services Division 99 West 10th Avenue, Eugene, Oregon, 97401. Re: Rasier, LC’s Response to the City of Eugene’s Request for Feedback on First Draft of Update to Vehicle for Hire Administrative Rules o whom it may concern: As currently drafted, the City of Eugene’s (“City’s”) further proposed updates to its Vehicle for Hire Administrative Rules continue to be inconsistent with the operation of Transportation Network panies (“TNCs”) in the City. As amended, the proposed rules would differ significantly from the vast majority of TNC laws nationwide. Because they still contain pervasive structural issues, the proposed rules would prevent TNCs like Rasier, L C (“Rasier”) from entering the market. In particular: NC drivers are independent contractors, not employees; Individual vehicle permitting and driver certification is unnecessary for public safety and not conducted in the vast majority of jurisdictions; NCs do not operate in any jurisdiction that requires $1 million of insurance at all times a vehicle is merely available to accept a passenger request. This requirement is also inconsistent with a national TNC insurance framework developed by leading insurance companies and their trade organizations and adopted in 31 states; NC vehicles are personal vehicles and should not be required to have interior and exterior arkings beyond removable TNC trade dress; and Fire extinguishers in vehicles are unnecessary and may be counterproductive for safety. he City should set aside the current proposal and adopt regulations more in keeping with the NCspecific statutes and ordinances adopted around the country. Rasier would be pleased to continue working with staff to develop more workable rules for TNCs going forward, including changes to address the issues discussed above. Please let us know if you have any questions or need additional inform /s/ Steven B. Siger Senior Counsel 10 H From:John Thramer Sent:Wednesday, March 23, 2016 4:00 PM To:@Eugene PDD PPV Subject:PPV Requirement Comments 11 H From:Tracy Cooke Sent:Sunday, March 20, 2016 4:55 PM To:@Eugene PDD PPV Subject:Uber tricks all its drivers into driving uninsured and committing insurance fraud. 12 13 14 H From:Justin Hobley Sent:Thursday, March 17, 2016 6:45 PM To:@Eugene PDD PPV Subject:Regarding the possible return of Uber, Lyft, and other ride sourcing services. Hello! My name's Justin,and I'm a resident over in Springfield,OR. I'm hoping to see Uber and Lyft welcomed back to the general area,as it would help those of us who need first mile or last mile connections where LTD doesn't serve frequently,and for those of us who cannot or will not touch the local taxi services,it provides an option that we can use. On ground rules,all I ask is that neither Uber nor Lyft be allowed to drive their fares into the ground.Sure,they can opt to be a little less expensive than taxiservices,but when Uber is allowed to drive the prices down over and over again,it forces any competition that isn't a taxi service to lower their costs to compete,but this hurts the drivers on both Uber and a competing platform.This is something I've witnessed first hand in Tampa,FL.as a passenger and then a driver: Uber announces a price drop,then Lyft follows up to match.Repeat until the good drivers leave as the money they would earn wouldn't even be minimum wage in the state of Florida. Set a floor for how low the fares can go,and drivers for these services will thank you (disclosure:I'm a former Lyft driver in the Tampa Bay area of Florida). With these ride sourcing services present in my previous city of residence,I find that it encourages the current taxi services to actually improve on their service level and offerings to the public. This is also a thing I have witnessed in Tampa:The major companies in the area started rolling out newer vehicles instead of older Ford Crown Victorias,added in car credit card readers,and started to enforce safety inspectionson the vehicles. I eagerly await the return of these services.After waiting an hour on Christmas night for an Oregon Taxi to arrive with a warped rim and a check engine light on (engine misfire,multiple coils,very audible),I'm really,really eager for competition to show up. Thank you for your time, Justin Hobley 15 H From:Michael Johnson Sent:Thursday, March 17, 2016 4:11 PM To:@Eugene PDD PPV Subject:Uber 16 H From:Joy Martin Sent:Monday, March 14, 2016 6:06 PM To:@Eugene PDD PPV Subject:Uber and lyft 17 H From:BEGNAUD Randi N Sent:Monday, March 14, 2016 4:23 PM To:@Eugene PDD PPV Subject:RE: Updated Public Passenger Vehicle Rules Open for Public Comment Specifically in sections R 3.345 C and R 3.345 D From:@Eugene PDD PPV Sent:Thursday,March 10,2016 10:47 AM To:@Eugene PDD PPV <ppv@ci.eugene.or.us> Subject:Updated Public Passenger Vehicle Rules Open for Public Comment Thank you for your participation last year in providing input and feedback on the first draft of updates to Eugene’s public passenger vehicle administrative rules.The feedback wereceived on the draft proposed rules in November was helpful and several changes were made including: Frequency of mechanical inspection.Mechanical inspections will be required annually,rather than every six months. Top light requirement.Only hailable vehicles added after April 1,2016 must have a top light wired to illuminate when available for passengers and to turn off when not available. The proposed rules are now ready to move on to the formal public comment period.From March 13 to March 28 comments on the proposed rules can be submitted to PPV@ci.eugene.or.us or mailed to: Public Passenger Vehicle Program Building &Permit Services Division 99 West 10th Avenue Eugene,Oregon,97401 Comments received during this time will be added to the public record and will help inform any further revisions to the rules that will be considered by the City Manager.Final rules are expected to be approved later this spring.The full text and a summary of the changes are available on the City’s website www.eugeneor.gov/ppv . Thank you again –we appreciate your interest and participation. 18 H From:BEGNAUD Randi N Sent:Monday, March 14, 2016 4:22 PM To:@Eugene PDD PPV Subject:RE: Updated Public Passenger Vehicle Rules Open for Public Comment Hi! After reading through this there is no mention on the permitting process for TNC’s and Vehicle for hire for the Airport. The airport requires that all taxicabs,shuttles,and vehicle for hire (TNC’s)be permitted with an airport permit and an AVI tag to be able to operate out here. Thanks Randi Begnaud From:@Eugene PDD PPV Sent:Thursday,March 10,2016 10:47 AM To:@Eugene PDD PPV <ppv@ci.eugene.or.us> Subject:Updated Public Passenger Vehicle Rules Open for Public Comment Thank you for your participation last year in providing input and feedback on the first draft of updates to Eugene’s public passenger vehicle administrative rules.The feedback wereceived on the draft proposed rules in November was helpful and several changes were made including: Frequency of mechanical inspection.Mechanical inspections will be required annually,rather than every six months. Top light requirement.Only hailable vehicles added after April 1,2016 must have a top light wired to illuminate when available for passengers and to turn off when not available. The proposed rules are now ready to move on to the formal public comment period.From March 13 to March 28 comments on the proposed rules can be submitted to PPV@ci.eugene.or.us or mailed to: Public Passenger Vehicle Program Building &Permit Services Division 99 West 10th Avenue Eugene,Oregon,97401 19 Comments received during this time will be added to the public record and will help inform any further revisions to the rules that will be considered by the City Manager.Final rules are expected to be approved later this spring.The full text and a summary of the changes are available on the City’s website www.eugeneor.gov/ppv . Thank you again –we appreciate your interest and participation. 20 H From:J Hayward Sent:Monday, March 14, 2016 3:35 PM To:@Eugene PDD PPV Subject:UBER 22 H From:kovash tim Sent:Monday, March 14, 2016 10:51 AM To:@Eugene PDD PPV Subject:Uber benefits 23 H From:Steve Martin Sent:Monday, March 14, 2016 9:50 AM To:@Eugene PDD PPV Subject:Allow Uber and Lyft to Operate 24 H From:Chad Anderson Sent:Saturday, March 12, 2016 12:43 PM To:@Eugene PDD PPV Subject:Ride Sharing Rules To Whom It May Concern I was interested in the new proposed rules.I do have an idea of my own on how to meeting everyone's needs. Thanks Chad Anderson Sent from my iPhone 25 H From:Mindi Lawlor Sent:Saturday, March 12, 2016 10:02 AM To:@Eugene PDD PPV Subject:Uber in Eugene To Whom It May Concern: I would like to express my strong support for Uber in Eugene.I use Uber in every other mid to large size city I visit.It is affordable,fast,safe and easy to use.The people of Eugene deserve choices for transportation. Please do the right thing and allow Uber and other similar services in the city of Eugene. Thank you for the opportunity to provide input. Sincerely, Mindi Mitchell 26 H From:Wesley Bryant Sent:Saturday, March 12, 2016 2:30 AM To:@Eugene PDD PPV Subject:Uber & Lyft Comments To the Public Passenger Vehicle Program, I am emailing you today to express my support in the legislature allowing companies like Uber and Lyft to operate within the City of Eugene. Uber was recently operating within Eugene to much success allowing locals to invest in their community by providing affordable and responsible transportation. Uber and Lyft have both been working in many cities across the nation to much success.Allowing these companies into our community will only increase revenue,business,and the safety of our own people. Uber and Lyft have provided thousands of transports for a wide variety of reason up to and even including safe transports to those who are intoxicated. Both Uber and Lyft screen their drivers extensively allowing only the safest cars with the safest drivers to transport customers. I really hope the City of Eugene allows this transition as it has been a long supported business.Even our own community members have expressed interest either vocally or through petition. I look forward to your decisions! Wesley Bryant 27 H From:Juliann J Sent:Friday, March 11, 2016 8:38 PM To:@Eugene PDD PPV Subject:Bring Uber back to Eugene To Whom It May Concern, As a current Eugene resident,I truly believe Uber is a necessity to our community.Uber technology is easy for all to use, convenient,and a great asset.Often times I find myself struggling to find a taxi or having to wait forever just to get ahold of a local company.With Uber you know exactly where the car is and thearrival time.You can check the fare beforehand and with the use of google maps I always feel safe while in route.With Uber's standards you know you are getting into a clean,newer car.I even know the make and model before it arrives.I feel as though Uber is safe,reliable and a Eugene must have! #ubereugene Thank you for your time,I hope you take my email into consideration. Sincerely, Juliann J. Sent from my iPhone 28 H From:Denise Beins Sent:Friday, March 11, 2016 8:05 PM To:@Eugene PDD PPV Subject:Uber Yes I'd love uber in Eugene.I use it when traveling. Sent from my iPhone 29 H From:Garrett Nelson Sent:Friday, March 11, 2016 7:54 PM To:@Eugene PDD PPV Subject:Über Hi,I am a citizen of Eugene.Please let über run in Eugene.It's only fair to the citizens of Eugene to let us choose who we want to use for transport.Über is also an environmentally conscious choice (using über takes many cars off the road).It may seem unfair to the taxi companies,but in reality they run a large monopoly in Eugene. Sent from my iPhone 30 H From:Krista Neill Sent:Friday, March 11, 2016 7:49 PM To:@Eugene PDD PPV Subject:Please bring Uber back! I often used Uber to avoid the scary situations that can arise from taking a cab alone as a woman.I need Uber to get a safe ride home.When I need a ride now I risk a lot by taking a cab or walking at night.Please bring them back. Thank you! Krista Neill Sent from my iPhone