Mobility Committee - TNC Ordinance Proposed Amendments

[Ann Kitchen]

The Mobility Committee in the 9/2/15 meeting will be reviewing proposed amendments to the TNC Ordinance. Below is a breakdown comparison of the proposed amendments and the existing ordinance.

This information can also be found in a more readable, printable format here:
http://assets.austintexas.gov/austincou ... 140031.doc

Vehicle Safety Inspections/ Background Checks:
Proposed Amendment
o State motor vehicle inspection
o Ground Transportation Vehicle Safety Inspection (20 point safety inspection)
o DPS certified criminal history
Existing TNC Ordinance
o State motor vehicle inspection
o Criminal background check
o TNC designated company performs

Operations:
Proposed Amendment Existing TNC Ordinance
o Prohibit loading / unloading except at curb and not in active travel lane
Existing TNC Ordinance
o Not addressed

Vehicle Permit / Chauffer’s License:
Proposed Amendment Existing TNC Ordinance
o Vehicle permit issued after completion of vehicle inspection, background check
o Chauffer’s license required with same written driving test as other ground transportation drivers
Existing TNC Ordinance
o TNC established driver-training program prior to offering service
o No vehicle permit process

Driver Identification:
Proposed Amendment Existing TNC Ordinance
o In addition to TNC App information: Physical document with driver’s identification visible while driver operating TNC
Existing TNC Ordinance
o TNC app must display an accurate picture of drivers, picture or description of vehicle type, vehicle license plate

Accessibility:
Proposed Amendment
o If TNC leases, then 6.5% of any TNC leased vehicles must be wheelchair accessible
o TNC required to adapt existing accessibility plan in other jurisdiction (if provides greater flexibility), obtain city approval, and implement within 6 mo.
o After 6 months, same requirements as other ground transportation vehicles
o Reports include updates on progress meeting accessibility
Existing TNC Ordinance
o 10 cent per trip originating in Austin to help provide accessible rides
o TNC outreach to community organizations with ADA compliant vehicles to recruit ADA vehicles and drivers
o No refusal of disabled passenger or higher fee; must accommodate service animals
o Accessible service indicator on App within 3 months; must identify alternative transportation if no driver

Insurance:
Proposed Amendment
Stage One (logged in and available to accept)
o $100,000 bodily injury per person
o $300,000 bodily injury per accident
o $25,000 property damage per accident
o $2,500 personal injury per passenger
Existing TNC Ordinance
Stage One (logged in and available to accept)
o $30,000 death/personal injury per person
o $60,000 death/personal injury per incident
o $25,000 property damage

Dynamic Pricing:
Proposed Amendment
o Advance notification to city when changing pricing
Existing TNC Ordinance
o Addresses notification to passengers
o Prohibits during abnormal market disruptions

TNC Fees:
Proposed Amendment
o Set required fee at $1 per trip
Existing TNC Ordinance
o Fee required
o To be set by separate ordinance

Reporting Requirements:
Proposed Amendment
o Specific data to be recorded in four-hour blocks and reported monthly. Ex: trips serviced by zip codes, total vehicles logged in, driver hours logged, gross revenue
Existing TNC Ordinance
o Quarterly reports re trips. Ex: pick-up/drop-off patterns, cost, length of trip, ADA service comparison, TNC impact on drunk driving, services to underserved communities

GeoFencing:
Proposed Amendment
o Cooperate with city during large special events to geo-fence pick-up and drop-off locations appropriate for event for safer, more mobile friendly event
Existing TNC Ordinance
o Not addressed

Trade Dress (Distinctive emblem displayed on vehicle for identification):
Proposed Amendment
o Vehicle trade dress
Existing TNC Ordinance
o Does not address

[Don Zimmerman]

Thank you Chair Kitchen for the list and running a good hearing yesterday.

Based on the testimony we received, and a general desire to reduce expensive bureaucratic overhead, I can't support any of the new Austin Transporation Department proposed regulations on the TNCs. As I said before, "leveling the playing field" should mean reductions in existing regulation and fees on existing transportation enterprises, not expanding regulation and fees onto TNCs.

[Ann Kitchen]

All

The Mobility Committee will be addressing proposed amendments to the TNC Ordinance tomorrow, Wednesday October 7th, during our meeting, posted from 3pm to 6pm

A public hearing was held at our September meeting. At tomorrow's meeting, we are asking stakeholders (including TNC companies) to be available for questions that Committee members may have. This meeting will focus on Committee member deliberations and potentially action re recommendations back to Council. We will not be taking testimony at this meeting

TNCs are now an important part of our transportation system in Austin and we welcome their continued participation as responsible companies for our community. As a city, our responsibility is to consider safety, for all ground transportation companies, whether that be taxis, limos, TNCs, or other ground transportation. The city's responsibility also includes maintenance of our transportation system and the cost of doing so.

I plan to bring forward proposed recommendations related to fingerprinting / background checks, fees, and data reporting. See the attached list (first posted for the August meeting) for other potential discussion items at this meeting. I will post my proposed recommendations later today

Thank you

Ann Kitchen

[Ann Kitchen]

All

The Council Mobility Committee will be considering ideas to meet our responsibility to protect the safety of Austinites and visitors using new ride services.

These are many of the same safety laws that TNCs (like Uber) works with in other communities like Houston, New York, Chicago and more that were established because of the serious crimes that have occurred across the country.

TNCs are an important part of our transportation system, as are other ground transportation providers like taxis, limos and others. The Statesman reported there are now 18 tech-based transportation service providers in Austin. More of these kinds companies are coming and we need to work together to address the safety and mobility issues facing the future of our community.

I will be proposing the following Motion Sheet for discussion at the Mobility Committee tomorrow

MOTION SHEET RELATED TO SAFETY


Amend City Code to address public safety:

The City Manager is directed to initiate an amendment to City code Chapter 13-2, to address public safety as it relates to Transportation Network Companies (TNCs), that includes the following provisions, and to bring back to the Mobility Committee for recommendation to Council no later than November 16, 2015:

· Align the background check process for TNC drivers with the process for taxis so that the check is conducted nationwide for both types of drivers. Amend the taxi ordinance if necessary to allow for a nationwide process.

· Align the driver eligibility standards for TNCs with that for taxis so that a history of certain offenses is treated the same with regard to eligibility to drive.

· Add a fingerprinting requirement for TNC drivers that collect the same fingerprint information for TNCs as is collected for taxis and other ground transportation drivers.

· Authorize the Austin Transportation Department to contract with a third party to manage the fingerprinting and background check process for ground transportation processes so that the process is completed quickly and does not create barriers for onboarding drivers.

[Ann Kitchen]

Amend City Code to address fee equity and cost of service:

The City Manager is directed to initiate an amendment to City code Chapter 13-2 to establish a fee for Transportation Network Companies (TNCs) with the following provisions and to bring back to the Mobility Committee for recommendation to Council no later than November 16, 2015:

Each TNC operating in the City of Austin shall pay an annual fee that is the lesser of the following:

(1) The total of the permit fee paid by taxicab companies times the number of persons driving for the TNC; or

(2) Two (2) percent of the TNC’s annual local gross revenues.


In the alternative, TNCs with a total number of drivers that is less than the number of taxicab permits for the smallest taxicab company may elect to pay a fee according to a graduated per driver fee schedule determined by the Transportation Department that is less than the permit fee paid by taxicab companies.