Texas Regulators Crack Down on App-Driven Hauling Service
According to the Austin American-Statesman, it's not just ride-sharing companies like Uber drawing attention from regulators, at least in Texas, but also a similar service that's hauling goods rather than people. In a letter demanding that Austin-based Burro cease its phone-coordinated delivery service, Texas Department of Motor Vehicles
director of enforcement William P. Harbeson says that "[a]nyone moving household goods in a pick-up truck or other type or size of vehicle for hire is required to register" with the Department, "and show proof of insurance in the amounts required by law." According to the letter, this includes not just professional or even regular haulers, but also people moving a piece of furniture bought at a garage sale for pay; considering the number of people offering that kind of service on Austin's Craigslist, or in the parking lot of home supply stores like Home Depot, it seems like a regulation that will put a dent in the wallet of quite a few people. Burro, for its part, says its providers "are backed by $1M in insurance" — more than can be said for one of the obvious substitutes, which is relying on friends or acquaintances with a roof-rack and some bungie cords.
Devil's advocate:
One reason they demand proof of commercial insurance is an obvious one. What happens if they decide to help move, and some glitch on their part strapping down a motorcycle causes it to fall over, then smack the sides of the truck, destroying the other stuff inside?
With most trucking places, you file a claim, call it done. Without insurance, you have to go to court, and may not even get a chance at scoring damages.
There are also commercial licenses in Texas for truck driving. Using a service that doesn't use CDLs may be cheaper... but it is against the law.
alot of the apps ones have insurance gaps that lead to the drivers being not covered at all at times / they must use there own insurance as primary that likely will not cover them at all for that kind of work.
For moves of significance, should be requiring $1M insurance and webcams in the trucks. Stealing shipments from moving companies (sometimes with inside men) is big business.
For moves of one piece of furniture with value $1K, should be requiring a photo of the vehicle and guy be texted to law enforcement before loading. Done.
Or, burro just means burro. It's a perfectly cromulent English word.
So, essentially, they are talking out of their ass.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
I have a couch, you have a pickup. Does it matter if I've known you for 20 years or if I give you $20?
Of course most people are idiots when it comes to packing a truck - every time I've been called to 'help move' I've showed up to a 16' U-Haul loaded with bicycles, exercise machines, etc, the thing is full of random crap... and then I go inside and there's still the dresser, bed, other furniture, boxes of books/dishes, etc - all the nice 'boxy' stuff that *should* have gone in first so the bikes and the like could go on top or around it all. Then I'm 'taking charge' and telling them to get everything *out* of the truck, and packing stuff into it so that it'll all actually fit.
You go to help your friends move and there is stuff in boxes? Luxury!
If you are not allowed to question your government then the government has answered your question.
Another case of something being perfectly legal if done for free (your friends helping you move or giving someone a ride) or by yourself (ripping your own[ed] media, or recording television services you subscribe to), but the moment money changes hands, everyone wants a cut. Utterly sickening. I guess they better crack down on paying anyone with beer/food as well.
...
As a former (1992-99 Boston MA USA) regulator, I smile. Regulator jobs were created because the average person didn't have access to information and it was worth it to pay taxes to hire people to regulate the service providers. The other two parts of the job were raising income for the state and protecting the commercial services / upstream market, but from Upton Sinclair times the protection of the consumer was the regulatory driver.
Protecting the consumer ordering the service is disrupted. The reputation (likes/dislikes/negative feedback) model does the equivalent of what Ebay did to print journalism. Print news made 1/3 from subscriptions, 1/3 from ads, and 1/3 from classified (my great grandparents-parents worked in newspaper market).
The newspapers were slow to embrace online classifieds because it wasn't in the marketplace they had cornered.... and they lost it. Regulators are now like new editors, they know the feedback system protects consumers, and they also know that's 1/3 of their jobs. I suspect most regulators are less adept than news editors.
Gently reply
great, until you hit a pothole and kill the guy in the car behind you on the highway
i don't know about regulating hauling, but i wouldn't mind seeing the police pull over and arrest some of the flimsy crap i've seen barely secured to trucks and SUVs going 70 in the highway
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
You go to help your friends move and there is stuff in boxes? Luxury!
I really hate it when someone asks me to help them move and they not only don't have the stuff boxed, they don't have enough garbage bags, and they haven't even started "packing."
"Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
Yes, this is less convenient, but the loss of convenience is incurred by the customer, who made the voluntary choice to go with the unregistered unlicensed option. They always had the choice of hiring a licensed mover instead.
Leave it to a GOP/Teanderthal run state government to try to screw everybody they can.Texas voters got what they voted for.When will they ever learn?
The Geek Hillbilly
That's exactly the reason you only give your stuff to a licensed or registered company or person.
Would he make a mistake or get into an accident you know you will get your money back.
But it is a trade off, if the unregistered transporter is way cheaper you might consider absorbing the risk yourself.
"The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
It's refreshing to see people starting to challenge the notion that naturally a government can regulate whatever it wants. Calling it out when nonsensical - putting the burden of proof of necessity/wisdom on those in power - that's simply awesome.
I'm pretty darn certain this isn't what they're going after
It doesn't matter who they're going after. If this law is regularly violated by reasonable people just going about their business, then it's a bad law. Full stop.
Now, if they rewrite this law in such a way that there is a clear distinction between you paying for your buddy's gas and you paying for a for-hire service, then fine: enforce away. Until then, they should enforce this law for everyone or no one.
Aside: I think you should be able to challenge laws that are selectively enforced or not enforced at all. If the law isn't enforced, it might as well not be there. If the law is enforced selectively, then it can be used for discrimination or coercion (e.g. racial bias in Ferguson, MO traffic stops). Uniform enforcement of reasonable laws is a hallmark of a free society.
It's only ridesharing if the driver is going in the same direction as the passenger!
yes greyhound is only ridesharing too, because the driver just happens to be going to the same place as all the passengers.
Wow. Could that statement have been any more racist? People like you act like the person looking to exchange an honest days work to feed themselves and their families are Al Qaeda terrorists looking to kill you and your family. Get some perspective! Yes, the immigration system is broken but, they're not bad people (most of the time).
The people, not all Mexican, standing outside Home Depot, etc are just looking to make a living. If you hire them, you know what you are getting: uninsured, likely unskilled labor at cut rates. If it isn't done right... well, you knew what you were getting into. If it needs to be done right, get a licensed contractor in good standing.
"Be particularly skeptical when presented with evidence confirming what you already believe." -
but the loss of convenience is incurred by the customer, who made the voluntary choice to go with the unregistered unlicensed option.
No, the loss of convenience is also incurred by the following car that is damaged by the junk falling out of the pickup.
This is a very different situation from Uber, since there are no "medallions" or other market limiting restrictions. Just a reasonable demand for proof of insurance. Since Burro claims they already have the insurance, this is not an onerous demand in the least.
A friend is someone who will help you move. A real friend is someone who will help you move a body.
Have gnu, will travel.
What world do you live in? People are suing companies for service/quality/loss ALL the time. There is nothing about dealing with a company that automatically gives you recourse. You have to take them to court just like no different than suing a person.
Bad boys rape our young girls but Violet gives willingly.
Devil's advocate:
One reason they demand proof of commercial insurance is an obvious one. What happens if they decide to help move, and some glitch on their part strapping down a motorcycle causes it to fall over, then smack the sides of the truck, destroying the other stuff inside?
With most trucking places, you file a claim, call it done. Without insurance, you have to go to court, and may not even get a chance at scoring damages.
There are also commercial licenses in Texas for truck driving. Using a service that doesn't use CDLs may be cheaper... but it is against the law.
The last time I moved, the insurance included with my move was 60 cents per pound - for any coverage beyond that, I had to purchase supplemental coverage. So if they drop your 50 pound $1000 TV, they'll pay you $30.
This being the best they could come up with, but then I don't know of all the off the wall requirements there.
Note that the law only prohibits this kind of thing when it's done for money. Which makes no sense if your rationale is valid, because hauling hazardous cargo is just as dangerous regardless of whether it's done by some guy that I've hired for $20, or my friend Joey who happens to have a pickup.
Anyone know any Uber drivers with a pickup?
May as well resolve multiple Slashdot discussion in one thread.
"I like paying taxes," — they say. "With them they buy civilization".
Offering a service without registering with the government first. Phew... How uncivilized!
In Soviet Washington the swamp drains you.
Actually there are laws against GIVING food to people now as well.
The laws are not against giving food to poor people. The laws are against distributing food by unlicensed vendors, or against distributing food that is not packaged, etc. The effect is the same but the difference is that the people writing these laws are deluding themselves into thinking that they are not doing exactly what they are doing.
amateur truck loaders are going to put small loads in big trailers without proper securing, the loads will slide all around the floor of the trailer and impact the sides of the trailer with great force, enough to overturn the trailer on a sharp curve or even puncture the side of the trailer or pop the back doors open with the subsequent ejection of the load into the direct path of motorists. Modern plastic pallets are a big improvement in many ways but they slide like teflon in the back of a trailer.
This is little known but many trailer overturns are not caused by driver error. They are caused by poor loading of the trailer. These overturn accidents can be deadly to the driver and to innocent motorists. The only answer is to enforce the law with random inspections, heavy fines and enforced training and supervision by the supervisors of the loaders.
How would you feel if your sofa fell out of the back of some idiot mover's truck and killed someone?
didn't even bother to read the summary let alone TFA did you? This is about insurance, keeping track of who has it and making sure they're in a position to pay. $1 mil is small potatoes if you get hit by an uninsured driver and injured. A bad accident can result in decades of medical bills and with America's screwed up health care system can run way past that.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
You have to take them to court just like no different than suing a person.
This is not really true, in some circumstances such as car lemon laws, the vendor will lose their business license if they defraud the customer. This gives the customer a lot of leverage in this situation. A person has no business license and so the state can't threaten to take it away.
Screw protecting the consumer and their maybe $1000 worth of crap in the back of a pickup. What I want to know is that _I'm_ protected from half assed and overworked driver with no insurance moving shit on their days off instead of resting thanks to America's race to the bottom economy.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
and I'd like to see it made illegal to tow with a chain (or worse one of those canvas rope thingy's I've seen). For pete's sakes people get a flatbed or at least a proper tow dolly.
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
I didn't. In addition, while being Russian myself, I do not see anything specifically Russian or American about the different ways of thinking exposed here. And yet what he says is valid. You should have a choice to say "it's my problem if my stuff is damaged or the driver disappears with it." And the danger of goods falling out etc., while real in some cases, is just an excuse for a government money grab here, because it's applied generally and does not exclude e.g. small items moved inside passenger cars. Taxes are also a different problem altogether.
Different situation.
Lemon laws are about a breach of the manufacturer's warranty. Individual people are not selling brand new cars but even a used car bought from a private individual still under the factory warranty has lemon law protection. Your case is against the car maker providing you the warranty, not the seller or the dealer. Aside from that, to get to the point to prove it was a lemon, you have to go through an arbitration process.
Bad boys rape our young girls but Violet gives willingly.
Just a reasonable demand for proof of insurance.
Too bad they didn't demand proof of adequate insurance from the chemical company storing mountains of explosive chemicals near residential housing.
Texas advertises itself as a government intrusion free zone, then Texas government intrudes when companies actually take advantage of that environment. Seems kind of hypocritical.
According to the letter, this includes not just professional or even regular haulers, but also people moving a piece of furniture bought at a garage sale for pay;
Let the chemical company store mountains of fertilizer and the oil company pollute Galveston Bay but you better have commercial insurance for moving furniture from a garage sale! Maybe the no government intrusion rule only applies to companies big enough to bribe legislators.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
When it comes to hauling hazardous cargo, chances are (state law may vary) it is illegal for your friend Joey who happens to have a pickup truck to haul it at all.
And garage, beef, mutton, RSVP, et al are French words (et al is Latin), except when they're so commonly used in English that they become English. Burro is one of those words, although a case can be made for calling it Spanglish, since it's only commonly used in the southwest.
"The problem with defending the purity of the English language is that English is about as pure as a cribhouse whore. We don't just borrow words; on occasion, English has pursued other languages down alleyways to beat them unconscious and riffle their pockets for new vocabulary." - James Nicoll
The customer — and the companies like Mr. Burro's, who act as middle-men — can (and do) impose just such a requirement themselves, carefully balancing the risks against insurance costs. There is simply no need for the government to insert its unwieldy self in these transactions. Nor in most others, I might add. As with Uber, the phenomenon of "Internet-in-every-pocket" makes information immediately available to everyone with a pocket — and government regulators are quickly becoming obsolete. They know it, and they fight it with various demagoguery — like what you are presenting.
Do you like visiting DMV — such as to have your license renewed? Every single interaction with government is onerous and the vast majority should not be necessary.
The underlying very principle — that engaging in a trade requires a government permission (license) — ought to be beaten out of the Statists. With a lead pipe, if need be... We've been humouring them — such as by accepting "non-onerous" requirements — for too long, and it is way out of hand already.
In Soviet Washington the swamp drains you.
I suspect the real thinking behind this is subtler than you give them credit for. Burro (like Uber before them, and like YouTube before them) is going for the "dumb pipe" defense: "we're not a company, we just facilitate trade between individuals and other individuals/small businesses". Getting all the individual "casual hauliers" (for want of a better term) to register isn't good for the state or good for the hauliers, and by extension it isn't good for the public. I think what Texas are trying to do is maneouver Burro into the position where Burro has to register as a mover/haulier and take contractual responsibility for all jobs agreed through its service. As this would remove a lot of administrative overhead (centralising tax reporting, for example), it would be more efficient, and therefore theoretically cheaper to the end user. If it is not cheaper, then it demonstrates that there is something missing in the current system. The most likely culprits for that missing expenditure would be skimping on insurance and vehicle inspection and maintenance, and that's something that can't just be waved off as "good because... cheap!"
Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
So because powerful companies manage corruption, we should just give up on regulating everything?
I am pretty happy where I live, most of the time our legal system works for the innocent.
If there are too many failures of the legal system we vote in a different legislature.
No we don't believe a first past the post and/or two party system is democratic, our present parliament represents some 11 parties plus 5 independents and they range from the left and right wingnuts to very serious people.
"The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
Exactly. So then, why is there a separate law criminalizing something the moment it becomes a commercial activity, if the actual dangers involved in that activity are already regulated by universally applicable laws?
Perhaps its time to exclude "occasionally paid" haulers, such as those with a gross annual revenue of under $1,000 and who do less than 12 hauling jobs for pay in any 12-month period, and provide simple registration and lower liability requirements for "weekenders" who do up to $10,000/year in gross revenue and up to 104 jobs in any 12-month period. I would also exempt "charity-benefit" jobs from the calculations - if someone makes it clear up front that all the money the customer pays is going straight to a bona fide charity, the law should treat it the same as if he was doing the job for free.*
For those excluded from the law, I would require that all ads include a disclaimer which included a link to a state-run web site explaining that if something goes wrong, the customer will be left holding the bag.
I would also clarify the law to either explicitly protect people who hire un-registered or registered-but-lightly-insured couriers from 3rd-party lawsuits due to damages to 3rd parties caused by the mover and protect them from civil liability if they don't run a background check on their mover, OR, of the people of that state don't want to do that, to EXPLICITLY put the customers "on notice" that they may be hauled into court if their mover causes damage to a 3rd party. Of course, doing the latter would practically kill this cottage industry altogether, which is why I favor the first option of making the customer immune from 3rd-party damages.
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* When friends or family ask me to do more than a few hours of my time and it's not a situation of "family obligations" or the like, I give them an estimate and ask them to make out a check in that amount to some charity. In my case I do it so 1) they will at least consider hiring a poor starving college student instead, 2) so they will understand the value of what they are asking for, and 3) because I don't need the money and I want to be very clear that when I can, I am willing to share my time with them without being paid or having them feel like they "owe me one."
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
..waittaminute..
what's up with paying extra for INSURING the goods when using postal or courier services in most of the world..
with most places, you wait for the shit to arrive, maybe it doesn't, and you're fucked, and when sending you can put a price on the contents and pay extra to get it insured.
world was created 5 seconds before this post as it is.
Apparently you've never asked friends to move a week ahead of time. Here's a rephrasing of the quote:
A friend is someone who will help you move a body. A real friend is someone who will help you move.