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Virginia DMV Cracks Down On Uber, Lyft

An anonymous reader writes 'Talk about regulatory capture! As radio station WTOP reports, "The Virginia Department of Motor Vehicles says that ride services Lyft and Uber are violating state law and must stop operating immediately. The DMV sent cease and desist orders to both companies Thursday." Who benefits most? It's not the people who are voting with their dollars and feet — seems more like the current stable of taxi drivers and others blessed by the state of Virginia. Good thing there's no call for or benefit from greater per-car occupancy, or experimentation more generally with disruptive disintermediation. Given enough bribe money down the road, I'm sure a deal can be struck, though.'

43 of 260 comments (clear)

  1. Seems reasonable... by NouberNou · · Score: 4, Insightful

    Or you know maybe it it's about companies coming in and skirting all regulation and laws that other companies have played by for years? Also some of those (read almost all of those) regulations have a purpose that serves to protect the consumer and the employee.

    But of course Libertarians will circle jerk about how poor little Lyft and Uber are being downtrodden upon by democratically elected governments that established the laws in the first place.

    1. Re:Seems reasonable... by Anonymous Coward · · Score: 2, Informative

      Two words: Unlicensed taxis

      http://dictionary.reference.com/browse/taxi

      — n , pl taxis , taxies
      1. cab , Also called: taxicab a car, usually fitted with a taximeter, that may be hired, along with its driver, to carry passengers to any specified destination

      So, how is Uber and Lyft not a taxi service despite the method to hire said drivers?

    2. Re:Seems reasonable... by Anonymous Coward · · Score: 2

      You say "democratically elected" as though that means something.

      People are voting with their dollars and their feet EVERYDAY. What is your "democratically elected" government worth in the face of that? How representative...

    3. Re:Seems reasonable... by Ralph+Wiggam · · Score: 5, Insightful

      In related news, Airbnb thinks they are exempt from food safety regulations.

      http://goo.gl/LC73vZ

      Newflash- if you offer goods or services to the public for money, you are not part of some new and different "sharing economy" just because it involves an iPhone app. You are part of the old fashioned economy and you need to play by the existing rules.

    4. Re:Seems reasonable... by vux984 · · Score: 5, Insightful

      People are voting with their dollars and their feet EVERYDAY.

      And people would buy toys with lead paint in them too if the price was low and they weren't aware of the risks of lead paint. Does that mean the regulations preventing them are wrong?

      Similarly people will get into a car operated by a driver without sufficient insurance or any gaurantee that the vehicle is operating correctly and safe, and if its cheaper they won't care either... at least... until there is an accident.

      Which is how the regulations came into effect in the first place -- the public was tired of getting into cabs that weren't insured or maintained properly.

      The public seems to have a very short memory.

    5. Re:Seems reasonable... by jythie · · Score: 3, Insightful

      'aware' is really the key word here. Everything tends to be fine until it isn't, and these services are fantastic if one lives in a fantasy world where everyone is fair and safe (kinda needed for libertarian and anarchist models), but people have been spoiled by the benefits of regulation and oversight so they assume they will get the same level of assurance but at a lower cost.

      As you say, people would buy lead painted toys if the price is lower and no one they know personally got sick from them.

    6. Re:Seems reasonable... by jythie · · Score: 5, Insightful

      Every few decades there is a movement or two that discovers that things are cheaper if you skip the rules, and they look around and can not see horrible things happening so they assume that things simply don't go wrong (as opposed to there being a regulatory structure that is helping)... but after a while things go wrong, people get sick, people get hurt, long term consequences start becoming visible, and those injured by the workarounds start demanding regulation so it does not happen to others... then wait a decade for people to forget again.

    7. Re:Seems reasonable... by vux984 · · Score: 5, Insightful

      EVERY Uber ride I've ever had has been in a nicer and better-maintained car than any cab I've ever been in in my life.

      a) Then UBER should have no trouble meeting the requirements establishing that the cars are in fact safe

      b) No idea where you live / travel, but I've never been anything but clean and excellently maintained cabs.

      AFAIK, Uber guarantees insurance on all of their drivers as well.

      Sure they do. To a faction of the limit than the state requires.

      Meanwhile most Uber drivers I've met are effectively operating their vehicles as cabs, but are insuring them as pleasure and commuter cars.

    8. Re:Seems reasonable... by MildlyTangy · · Score: 2

      ...you are not part of some new and different "sharing economy" just because it involves an iPhone app.

      What if they have an Android App? Android is Open Source after all.

    9. Re:Seems reasonable... by DRJlaw · · Score: 4, Insightful

      People are voting with their dollars and their feet EVERYDAY. What is your "democratically elected" government worth in the face of that? How representative...

      People vote with their dollars and their feet for dumping in unlicensed landfills and on abandoned property EVERYDAY. That doesn't make it a remotely good idea.

    10. Re:Seems reasonable... by vux984 · · Score: 5, Insightful

      Oh, I didn't realize that the taxis of yore carried continuously updated ratings and reviews from each and every passenger.

      So now the number likes you have on facebook means I can trust you? The reputation system of Uber is a good idea, but 'other passengers' are hardly qualified to assess the mechanical condition of the vehicle, or the insurance held by the driver. Its good if I want to know if he speaks Chinese, is friendly, talks too much, or if I want to hear long winded complaints about how the previous passenger must have worn too much perfume that triggered an allergy attack but the driver got him to the hospital efficiently so A+++.

      Also, why can't insurance companies start offering "Passenger Plans" for the wary consumer?

      Really? So if you get sick at a restaurant, the restaurant shouldn't have any liability or insurance; you were suppose to have your own 'diners insurance'?

      Fool; your mind is a fossil. Please, get out of my way.

      That's the best you've got? The existing taxi system has lots of room for improvement and competition, and there is some regulatory capture (corruption even) but pretending uber is all rainbows and unicorns from the knights of good is a bit myopic too.

    11. Re:Seems reasonable... by MickLinux · · Score: 5, Interesting

      It is not the same in EVERY Virginia city, but in Norfolk whenI was a taxi driver, the city licensed a cetin number of cabs to operate. Like the commercial fisherman's license, if you had a license, you had every incentive NOT to operate a vehicle, but to rent it out to a licensed cabdriver for a rental fee of more than $100 per day. That's 1992 dollars.

      Moreover, your incentive to maintain a working vehicle was almost minimal. So they were real pieces of trash, that harvested money from poor cabbies and poorer clientele, and redirected it into the pockets of the owner of each cab company.

      That's the Virginia way of doing things. YMMV.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    12. Re:Seems reasonable... by tomhath · · Score: 2

      What is your "democratically elected" government worth in the face of that?

      It makes and enforces laws based on the will of the majority. There will always be a few dissenters.

    13. Re:Seems reasonable... by chipschap · · Score: 2

      Lyft just announced their opening in Honolulu and the cab companies are already lined up to fight them.

      Cab service is very expensive here, for instance $50+ for a 7-mile ride from my place to the airport. Lyft to proposing to undercut taxi service by about 30%, which is a step in the right direction but still nothing close to cheap.

      It will be interesting to see what the city does, that is, to find out who has been making the biggest payoffs.

    14. Re:Seems reasonable... by griffjon · · Score: 4, Insightful

      Do you live in the area? I do. The cabs here can suck. A cab in the middle of summer that smells of old smoke, with no AC, in 95F and 10% humidity in the middle of summer is a not good thing.

      That said, there are some amazing cabs too - but it's a guessing game. I've been (illegally) kicked out of cabs because my destination was too far or too "dangerous". Cabs get very picky during peak hours on who they pick up and in what neighborhoods they pick up in. Only this year do DC cabs take credit cards reliably, and only because of much-hated and delayed regulation changes based on Uber entering the game.

      Do I think Uber/Lyft/etc. need to join in to regulations? Sure. That's a good direction. But sorry D/M/V cab industry, maybe you should have upped your game a long time ago. I have much respect for a good cabbie, but not much for the industry.

      --
      Returned Peace Corps IT Volunteer
    15. Re:Seems reasonable... by I'm+New+Around+Here · · Score: 2

      "with a taximeter"

      My car doesn't have a taximeter. You have to take the entire definition. You just can't highlight a partial definition and make it the entire definition.

      usually fitted with a taximeter,

      You were saying?

      Also, read my new cookbook, "How to Cook For Humans".

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    16. Re: Seems reasonable... by I'm+New+Around+Here · · Score: 5, Funny

      Well, there's the online bulletin boards that allow people to comment anonymously. It seems perfectly fine, but then little children find their way to the site, and start using terms like "fucktard", and all decent discourse is shut down. Eventually the site goes away, and another takes its place as the destination for mouth-breathing basement dwellers who can't even muster the courage to create a permanent account that other can use to keep track of them.

      Who can think of another example for our dim-witted friend here?

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    17. Re:Seems reasonable... by vux984 · · Score: 2

      No, I've never used uber, but I've talked to a couple people now whose spouse / significant other was doing some driving as they were otherwise unemployed or whatever and I asked what the car insurance situation was like for that. Like I said, I'd driven pizza as a kid, and the bump from 'pleasure or two and from work within 10 miles" to "commercial delivery vehicle" was pretty severe -- I would only imagine that whatever was needed for "commercial delivery vehicle for people" was even higher than it was "for pizza".

      I mostly got blank stares back, and told they hadn't done anything special.

    18. Re:Seems reasonable... by Dahamma · · Score: 3, Insightful

      They may have originally served the purpose of protection of the consumer, but now they clearly serve the purpose of protection of the status quo. You think the fact that taxi licenses/medallions in most major cities are severely limited below demand is because they have just found the cream of the crop of drivers and no one else is trustworthy and capable?

      Those companies *love* the regulations they have played by, because they are the status quo and they have used the regulations to prevent what we are seeing today with Uber, etc.

      It's the same sort of thing that is preventing Tesla from being able to operate dealerships in some states - there was some obscure argument 60 years ago based on Detroit monopolies and pork politics to separate manufacturers form dealerships, and now the dealerships are using a totally obsolete law to protect their status quo.

    19. Re:Seems reasonable... by Ash+Vince · · Score: 2

      And before we go half cocked about 'enable anyone who can afford a car to work' we need to think about what that means -- because you are right they now ARE working. So is uber their employer? Are drivers *really* independent contractors?

      Exactly. Uber are really just a huge multinational minicab company. They will then use the advantage of scale to drive smaller local companies out of business. Maybe the local businesses deserve it though, but lets not delude ourselves as to what is happening.

      I say this because most minicab firms have their drivers as self employed contractors too so they can avoid having to give them any of the perks that you are entitled to as a regular employee.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
  2. Third-world Jitney service by jtara · · Score: 4, Insightful

    Uber and Lyft are essentially third-world Jitney services, with a high-tech veneer.

    The difference is the driver has been vetted by the company to some degree and there is a social reputation system in place.

    Drivers are typically under-insured and under-licensed vs. regulatory requirements.

    In California, for example, drivers-for-hire have to be specifically licensed, and carry $1M liability insurance. Uber provides a $100K "umbrella" for the benefit of passengers, "just in case" the driver isn't insured as required by the company. (But the required insurance level is far less than that required by the state.) The car, as well, needs to be registered with the state (TCP). (Unless a taxi, which is regulated locally).

    Certainly, taxi and limo companies have a stake in keeping the status quo. That does not change the facts about under-insurance and under-licensing. So, they do have a legitimate beef about unfairness and protection of the public. This also works in their self-interested to limit competition, though.

    If we don't have enough taxis, or limitation of taxis is artificially boosting rates, change the local regulations to allow more taxis. Let's have a more fundamental public debate and solution. Sure, taxi and limo companies are greedy. So are Uber and Lyft. Let's work-out what is really best for the public.

    Uber/Lyft is "solving the problem" by ignoring it, and avoided a public/political debate by slipping in through a (non-existent, IMO) loophole.

    1. Re:Third-world Jitney service by rwa2 · · Score: 5, Interesting

      Puerto Rico has these "third world" jitney services.

      They're actually pretty cool, when I was there all the drivers of the vans knew each other, and had their own cellphone social network going on, so if you called one for a pickup, and they weren't close to you, they would call another driver who was available to come pick you up.

      Even better, they would do their own vanpooling of passengers, kinda like the airport shuttles work here in the US, but coordinated over their social network. So you might be going from town to town, and stop somewhere briefly to pick up and drop off some other paying passengers who called in and just happened to be along the way.

      So much efficiency could be achieved...
      Disclaimer: I essentially wrote my master's thesis on running mass transit networks more like a jitney service, with smaller, more flexible vehicles:
      http://hairball.mine.nu/~rwa2/...

      Of course, Virginia still gets some points for tolerating "Slug lines"... the instant carpools where people headed in or out of DC could pick up strangers lined up at bus/train stations so they both could ride the HOV lanes in.

  3. Re:does this need refactoring by badboy_tw2002 · · Score: 5, Funny

    Most taxi services have an "anti-serial killer" clause in their contracts. If you are a serial killer, they won't hire you. This is accomplished by swearing on the job application form that you are, in fact, NOT a serial killer. If they find out later on that you ARE a serial killer, they will terminate the contract and you will no longer be able to drive the cab, thus keeping the taxi industry 100% serial killer free. As far as I know, niether Lyft nor Uber have taken any steps whatsoever to prevent serial killers from working for them, which means that as a rider you have no idea if your driver is going to murder you, after having already murdered someone else. (It takes more than one murder to be a serial killer).

    So yeah, this is a good thing.

  4. Greater per car occupancy? by ugen · · Score: 5, Insightful

    I am not sure trying to pass Uber as an environmentally friendly solution will pass muster. Uber drivers operate essentially as unlicensed taxi cab drivers, rather than true "rideshare" or carpool services. They pick up new clients wherever requested and drive them to wherever client wants to go. These are trips that would not have happened otherwise. Since these services are, generally, cheaper than licensed taxi cabs (though, curiously, not by much in the area I just checked) - they may prompt people to call for and use an individual car, whereas otherwise the same riders might have chosen less convenient but cheaper public transportation.

  5. Re:does this need refactoring by Anonymous Coward · · Score: 5, Insightful

    I know you're joking, but interestingly enough, the reverse is so much more likely. Given the nature of the payment system, a bunch of missing Uber passengers would quickly be tied to the killer. The general anonymity and cash payment system of taxis would be entirely more preferable for a predator.

  6. Re:What about rental car companies? by taustin · · Score: 2

    Rental cars don't come with drivers. Rental cars with drivers are called . . . taxis.

  7. Re:does this need refactoring by Mr+D+from+63 · · Score: 2

    But, if I'm gonna get killed by my driver, I want him to be well insured.

  8. What I'd like to know.... by mark-t · · Score: 2

    Could someone explain what the difference is between taking a cab and carpooling when the driver expects to receive compensation for the ride?

    1. Re:What I'd like to know.... by Anonymous Coward · · Score: 2

      Could someone explain what the difference is between taking a cab and carpooling when the driver expects to receive compensation for the ride?

      The government's cut and rules that deter competition for established businesses.

  9. Free Market... by amoeba1911 · · Score: 3, Informative

    This is a good example of how we have a "Free Market" in America... the big business is free to screw you over.

    1. Re:Free Market... by blackiner · · Score: 4, Insightful

      It is sad really. One of the best things about America was that it was easy to just set up a company. Being able to quickly set up a business is the real answer to wage slavery. You don't like working a shit job making minimum wage and being a slave to the corporation you work for? Start up your own shop. It empowers the people, and allows them to break free of the control of mega corps. But the urbanization of just about everywhere people live makes it damn near impossible to buy a chunk of property if you want a place these days, and even if you do find a place to set up shop or have a business idea where you don't actually need land (like Uber), you get fucked by regulations. They have even come for software, which is arguable the easiest possible thing to set up a private business around. Pretty much any piece of software you write today is likely covered by some patent, and if you get big enough, they WILL come after you. Everything is perfectly set up to consolidate power in the established players, and cripples the average person.

  10. Yep by Sycraft-fu · · Score: 4, Insightful

    Now, if you think the regulations are unreasonable, ok, fair enough. But the correct answer then is to push to change the regulations. It isn't ok to say "Oh no those regulations are necessary for the NORMAL economy but our special SHARING economy should be exempt". That is just being greedy and trying to have unfair competition. Either it is good for all or it needs to be changed.

    Also, if you think it should be changed, you might first want to look and see why said regulations exist in the first place. Sometimes they are bullshit, but often there is a good reason why a regulation comes in to force. There was a problem, and regulations were created to solve it. OHSA regulations are a good example. For anyone who's had to deal with them they can seem a little onerous, but then you study history and find out why we have them and it seems like a pretty damn good idea.

    A business that can only be competitive and offer a lower price by skirting regulations isn't something to be proud of.

  11. Re:What about rental car companies? by jythie · · Score: 2

    They also carry extra insurance and are required to follow safety regulations when it comes to maintenance and inspection of vehicles.

  12. OP is an obvious shill. by Max+Threshold · · Score: 2

    Whatever the pros and cons of ride-share apps, there is something seriously wrong when a corporation pledges to operate in open defiance of the law. That's far worse than regulatory capture. Corporate death penalty, anyone?

  13. Sheer Irony by docwatson223 · · Score: 2

    In a state where slugging is a daily occurrence - if not downright necessity - I find it insane that they would rule against what is the next natural evolution of it! Are they going to kill slugging now??

  14. Re:Predicable by penix1 · · Score: 5, Funny

    wait... what... I thought most homosexuals were Democrat.

    Just the ones in the open... The Republicans just have a wide stance....

    --
    This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
  15. Re:does this need refactoring by Anonymous Coward · · Score: 4, Informative

    Uber is a "carpool" service now? i thought it was a service similar taxi's, but unlicensed.

  16. Re:does this need refactoring by David+Jao · · Score: 5, Informative

    Taxis take your credit card after the ride is over. A serial killer has plenty of time to do bad stuff to you before your card is used. Uber knows who you are from the moment you hail the cab.

  17. Re:Limit number of taxis to help workers? by Nidi62 · · Score: 2

    Plane ticket prices have plummeted thanks to deregulation, and so have the prices of alternatives (online, but also the reach and cost of other quick mailing options, for things that absolutely, positively have to be there overnight), and checked baggage is no longer a built-in cost.

    So when you say "dodge mail costs," I just take issue with the connotation :) It's like the old and true saw about taxes: "Avoid," perfectly fine; "Evade," and you might go to jail. Doing favors for friends, cooperating to accomplish tasks is more on the "cooperate" side of the scale than the (criminally) "conspire" side.

    The major airline I work for has a shipping option designed specifically for things such as important documents and small packages that guarantees immediate shipping (on the flight booked or earlier) or 100% refund. So there is really no need for air couriers these days anyway unless the item is too valuable to ship unescorted.

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  18. Uber Insurance by Anonymous Coward · · Score: 5, Interesting

    Disclaimer: I am an uberX driver in Dallas.

    In Dallas the city is rewriting the rules to allow ridesharing services like Uber and Lyft, and both companies have had a seat at the table while the new rules have been drafted. The old regs, bought and paid for by Yellow, limit the number of cars such that if I wanted to start a cab company with the present regs, I literally could not because Yellow is known to be squatting (i.e., bought but not using) about 300 car licences. The rewrite is of rules Yellow itself bought and paid for (Al Lipscomb, a Dallas city councilcritter, was acquitted by an appeals court, but only because they railroaded a guilty man).

    A lot of people whine about the so-called "insurance gap." That problem has been resolved:

    http://blog.uber.com/uberXridesharinginsurance

    Uber has published the text of the policy; I leave it as an exercise to the reader to find it.

    There ARE kinks to be worked out, but Uber is in compliance with insurance regs that require as much as $1 million in first-dollar coverage. Drivers' personal vehicles are covered for comp and collision damage while on the road as well. (I might like a smaller deductible, but it's better than what I thought Uber provided, which was nothing.)

    Really, all this whining is about protecting entrenched interests. If you had good experiences in cabs, you've obviously never been to a place like Dallas. I hear stories all the times of cabbies assaulting passengers, kicking them out in the dark without knowing where they are, demanding cash at the end of a ride, after agreeing to take plastic at the start, refusing to take plastic when they clearly have the Visa/MC/Disc/Amex/Diners logos on their windows, refusing to use the meter and instead demanding an inflated price, adding excess charges for no apparent reason, refusing to run AC on 110 degree summer days, and having cars that are disgusting and have broken safety equipment (like cut up seat belts).

    In Dallas, clients choose Uber because the taxi companies offer a shitty product, and they like Uber's product better. If Uber brings some attention to the problems of the taxi industry's shitty product, all the better.

    But if you're going to complain, complain about the right thing. The insurance problem has been resolved. It's time to move on and complain about what's really bugging you: Uber is screwing with your business and you don't like it because you thought you'd bought and paid for your little monopoly years ago.

  19. Re:does this need refactoring by Ol+Olsoc · · Score: 2

    Most taxi services have an "anti-serial killer" clause in their contracts. If you are a serial killer, they won't hire you.

    But Dude! The Invisible hand of the Free Market Dude!

    After killing a dozen or so people, no one will want to use that particular Taxi any more, and th eserial killer will go out of business!

    Don't you socialists understand anything?

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  20. Greater car occupancy? by Darinbob · · Score: 2

    The "great car occupancy" is just wrong. These drivers are not a part of a car pool, where several people going the same way use the same vehicle. This isn't even about friends driving other friends around. Instead these drivers are acting as independent taxi drivers, pure and simple. There may be two people in the car but to infer that it's a reduction in vehicles on the road is disingenuous.

  21. Re:does this need refactoring by Ash+Vince · · Score: 3, Insightful

    Not so worried about the cars, Uber and Lyft inspect them to make sure they are in good condition, and even if they didn't the first bad ride would flag it.

    Actually, the examples the poster you replied to gave might not be that obvious. The average consumer of these services rates the service based on things like how clean the back seats were, not on the brakes not working or the car having some other intermittent mechanical fault.

    Personally, I don't see any difference between Uber and any other cab company other than the fact they use technology. You still notify the company when you want to go somewhere, they send someone who is self-employed then take a cut of the fare.

    I also think that these companies need to recognise that often, local laws exist because the people who live in the are want them to. Here in London we have lawa that may or may not (our courts are still deciding the details) restrict their ability to operate. It is not up to us to change our laws to make things easier for some international company head quartered in the US and sending all its profits there. We should change our laws if the we want to and enough people write to their politicians demanding the change.

    You might think us a bunch of backward retards or whatever for having such laws, then fine sod off and don't do business here.

    --
    I dont read /. to RTFA, I read /. to offend people in ignorance.