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City of Austin Locked In Regulations Battle With Uber, Lyft

AcidPenguin9873 writes: This past fall, the Austin City Council drafted regulations for ride-hailing services like Uber and Lyft requiring drivers to submit to fingerprint-based background checks, similar to other taxi services in Austin. Uber and Lyft threatened to leave the Austin market if the fingerprint-based background checks were passed. After lots of heated public comments and debate from both sides, the fingerprint requirements were passed by the council in December. Shortly thereafter, a PAC called Ridesharing Works for Austin was formed, and, with financial backing from Uber and Lyft, delivered a petition with over 25,000 valid signatures to the City that seeks to remove the fingerprint requirement. According to Austin city code, since the petition had enough valid signatures, the City Council was required to either adopt the language in the petition and remove the fingerprint requirement, or hold a referendum election on the issue. This past Thursday, the council declined to adopt the petition, so Austin voters will go to the polls in May to decide how Uber and Lyft should be regulated.

This case is quite interesting and raises a lot of questions. Uber and Lyft have said that their electronic tracking makes them safer than traditional taxi services, and so they shouldn't be subject to the same regulations. However, some citizens and council members don't like corporations strong-arming local government and effectively writing their own regulations. On the other, one of the council members who introduced the fingerprinting requirement had received campaign donations from at least one local taxi company, leading some to question her motives for introducing the stricter regulations for Uber and Lyft, and even going so far as to start a separate petition campaign to recall that council member. What does Slashdot think Austin should do?

31 of 260 comments (clear)

  1. Again... by cayenne8 · · Score: 2, Interesting

    ...special interests sending money to govt fighting in order to prevent true competition in industry, and squeeze out the new player in town.

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    1. Re:Again... by Luthair · · Score: 5, Insightful

      Sounds more like Uber & Lyft are still pretending they aren't taxi companies and following the existing law.

    2. Re:Again... by sycodon · · Score: 2

      Ann Kitchen has been in the tank for the local Cab industry since the beginning.

      While the Austin City Council recently went to a district council organization (unlike the previous all At Large), and the more sensible suburbs now have representation, there are are still enough whacked out, loony Leftists left to keep this kind of crap front and center.

      Example: they recently had a Bond election for urban rail, light rail, some kind of stupid rail system designed to benefit the core of the city, to the tune of almost a billion dollars. Naturally, the voters told the council to go fuck itself. Now, the council is trying to figure out ways to do it anyway.

      The Austin City Council can best be described as kind of like the DNC, where how you vote means shit, it's the "super delegates" that make the call.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    3. Re:Again... by jasenj1 · · Score: 3, Interesting

      It may very well be true that existing laws have been crafted in a way to protect entrenched companies. Nothing new there; happens in other industries, too. That does not negate the fact that the government has an interest in ensuring some level of training, insurance, best practices, etc. from service providers. Just as they do for plumbers, construction contractors, lawyers, dentists, beauticians, etc.

      Uber & Lyft don't want any rules to apply to them. That's just as selfish/greedy/evil as protective laws.

    4. Re:Again... by MooseTick · · Score: 2

      Should someone who has ever been a "rapist or a mugger" be precluded from ever driving a taxi? Especially one like Uber where they are tracked 100% of the time while on the job?

    5. Re:Again... by stabiesoft · · Score: 3, Informative

      Except drunk driving accidents and fatalities were up in austin in 2015. Yep that is right, they were up AFTER uber and lyft. And I was also not happy to find out that uber lyft paid people 20 bucks an hour to collect all those signatures. Most people will sign a petition if asked, but getting people to volunteer to collect them is not so easy. I'd like to see uber/lyft foot the bill for the special election they caused. These elections cost taxpayers a few 100K. I know I am voting no to them. Another uber like firm has already said they would do background checks for their drivers. So if this other firm can do it why can't uber?

    6. Re:Again... by Lakitu · · Score: 3, Funny

      The Government won't come and say, "we have too many towers now, you can't put one up".

      Are you joking? Try setting up a cell tower. Bring a stopwatch and let us know how quickly you end up in federal prison.

  2. Minor, one-time cost by JoshuaZ · · Score: 4, Interesting

    Fingerprinting is a minor, one-time upfront cost, so it isn't an unreasonable regulation. This isn't like say forcing Uber and Lyft to obey specific payment rules, or requiring medallions that are restricted to a certain number. I'm not sure in general that such fingerprinting is a useful, cost-effective requirement for any taxi type, whether traditional or not, but it doesn't appear to be a rule that only makes sense if one is trying to harm Uber.

    1. Re:Minor, one-time cost by lbmouse · · Score: 3, Insightful

      1. We live in a regulatory democracy.
      2. If this cheap process prevents one Austin citizen from being murdered by a wack-o, it is worth every penny.

    2. Re:Minor, one-time cost by JoshuaZ · · Score: 2

      The second does not follow. We don't like to admit it but we do really make tradeoffs involving human lives all the time because some of them would just cost too much or infringe too much on basic rights. For example, fewer children would die if we outlawed backyard pools http://www.cdc.gov/HomeandRecreationalSafety/Water-Safety/waterinjuries-factsheet.html but we haven't done so. Similarly, we'd very likely have fewer drunk driving deaths if every car had a built in breathalyzer, but we don't do that either.

    3. Re:Minor, one-time cost by Grishnakh · · Score: 4, Interesting

      ) Fingerprints for entry into the job. This is common damned near anywhere professional, simple "do they have any warrants for anything?" check.

      Oh bullshit. I've never seen ANY professional jobs that required fingerprints, except for those requiring government security clearances.

      It's easy to check for warrants on someone, and you sure as hell don't need their fingerprints to do it.

    4. Re:Minor, one-time cost by jbengt · · Score: 2

      Oh bullshit. I've never seen ANY professional jobs that required fingerprints, except for those requiring government security clearances.

      Then you just haven't tried hard enough. I'm aware of several large companies that would fingerprint applicants, and have had to submit fingerprints for a background check just to qualify to be a consultant to them. It's really not uncommon for financial companies.

  3. Just pull out of Austin by The-Ixian · · Score: 2

    Uber and Lyft will need to make a hardline statement sooner or later.

    They should just pull out and let the people's outcry (or lack of one) be heard.

    The services are either too scared that their wouldn't be an outcry or they're just too greedy to give up revenue in one market.

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  4. Matching requirements by WoodstockJeff · · Score: 5, Informative

    If the existing taxi drivers are required to have the fingerprints and background checks, Uber and Lyft drivers should have them, too.

    If the existing taxi drivers are NOT required to have the checks, then making Uber and Lyft drivers do it is discriminatory.

    1. Re:Matching requirements by grag · · Score: 5, Informative

      Cab drivers, pedicabbers, and horse carriage drivers in Austin are required to have fingerprint background checks.

    2. Re:Matching requirements by jasenj1 · · Score: 2

      And this is exactly the issue. Uber & Lyft offer a service that currently has certain regulations, but they don't want to be bound by the existing regulations because they are "different". Same issue with Homeaway, Airbnb, VRBO, etc.

      The government has a interest in assuring that people offering a service meet some level of licensing, in theory proving they have some level of training and standard practices to ensure customers (citizens) are not subject to undue risk. But Uber & Lyft don't want to play by those rules. They feel they vet their drivers well enough and the government can go pound sand.

      I think I'll create an app offering tooth extraction services. Use the app and someone will come to your house with a pair of pliers and yank your teeth out. Medical school? Sanitation? Pish-posh. That's old-school, big government think. It's a sharing economy now.

    3. Re:Matching requirements by UnknowingFool · · Score: 2

      The existing system was established to protect the existing Taxi industry from competition and increase government revenue. It is a protection racket, run by the government.

      Way to unilaterally declare something without assessing the actual regulation being debated. Government regulation == bad in your mind?. There are at times where regulation is necessary. In this case, the regulation that all taxi cab driver must be fingerprinted was designed to protect the public. Since taxis serve the public there are a number of regulations that are in place for public safety. For example another regulation is that taxis (and other public transportation) must have a working fire extinguisher in the vehicle. There are different rules as to where they need to be located to be accessible in the case of an emergency and generally it has to be Class C. Would you chalk this up to a "protection racket" or do you see the sense in having a fire extinguisher?

      --
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    4. Re:Matching requirements by fluffernutter · · Score: 2

      Name one rule that applies to taxi's that doesn't protect the other users of the roads, customers, or drivers in some way. Fingerprints? Protecting customers from crime. Limited licenses available? Protecting other drivers from clogged roads and keeping driving reasonable and safe. Requirement for handicapped vehicles? Protecting the physically challenged. Requirement for presence at airports, hotels? Ensures there are no fights in the street over passengers. The list goes on.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  5. Uber and Lyft fucking taxi services by Anonymous Coward · · Score: 4, Insightful

    Uber and Lyft are fucking taxi services, and they're doing their best to make a shitty job shittier.

  6. how is someone supposed to turn their life around? by known_coward_69 · · Score: 3, Insightful

    i'm older than dirt but over the last 30 years there is a background check for everything and if you screwed up in youth it's virtually impossible to get a good job later in life. even lower end jobs for someone coming out of jail to earn a living WTF is someone supposed to do other than go back to jail?

  7. Austin taxi checks are easier than Uber and Lyft's by mynametaken · · Score: 4, Interesting

    An article came out this weekend in Austin that shows the city only requires taxi background checks in one state, Texas, unless the driver lived somewhere else in the last 3 years in which case that state is also checked. Uber and Lyft look at all 50 states. Also, the city does not restrict convicted murderers or sex offenders from getting a taxi license while Uber and Lyft do:

    http://www.mystatesman.com/news/news/local/austin-screening-of-taxi-drivers-far-from-airtight/nqPwW/

    8 taxi drivers were accused of sexual assault in 2014 in Austin. The data does not show that fingerprinting is effective and in many cases leads to false positives and false negatives. This isn't about a level playing field as that article shows the taxi industry background checks in Austin are much less comprehensive than Uber and Lyft.

  8. What does Slashdot think Austin should do? by fustakrakich · · Score: 2

    Pretty obvious, let the people of Austin decide, and if Uber doesn't like the results, screw 'em. Some local guy can start up a similar service.

    --
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  9. #1- It's not "Sharing" by Matt_Bennett · · Score: 4, Insightful

    I think the idea of Uber & Lyft are great- but I really wish they would stop calling it "Ride Sharing" as it totally misrepresents what it is. It's selling! Sharing implies "I was going in the same direction, and I could give you a ride, and I'll split the cost with you." Of course this is what Uber and Lyft want people to think they do.

  10. Re:Austin taxi checks are easier than Uber and Lyf by shawn2772 · · Score: 2

    False positives? You're saying that taxi drivers appear to have the fingerprints of convicted felons, but actually are not these people?

    Fingerprint matching is inexact. If I took your prints and searched the nationwide fingerprint databases, I would get a few hundred matches. Human examination of these matches would exclude most of them, analysis of the metadata, comparing your life history against the lives of the matchees would likely exclude the rest (assuming one of them wasn't actually you). But not always. False positives definitely do happen.

    That would overturn the criminal justice system as we know it....

    The criminal justice system's over-reliance on fingerprint identification is a problem. http://www.livescience.com/934...

  11. local rules by local rulers by mr_mischief · · Score: 3, Insightful

    Austin is a city. I say let Austin do what's right for Austin. They have a system to elect their council and a system to refer disagreements to the voters. That system is at work here.

    I live a few hours from Austin. My (much larger) city has certain regulations on who's allowed to drive, too. It's a minor inconvenience to start driving and again every two years. It involves a background check including fingerprinting, a five-panel drug screening, a warrant check, and a vehicle inspection (including having a fire extinguisher within arm's reach of the driver). It's much, much less restrictive than being licensed to be a Houston taxi driver. From the link:

    In theory, anyone can drive a cab. To get a license in Houston, you must have a valid Texas driver’s license, pass a written test to show you know twenty popular addresses, take a simple physical exam, and be free of warrants within the city. But practically speaking, you also need a medallion, the permit that allows the operation of one vehicle, and that is harder to come by. The city charges a $400 nonrefundable fee when you apply for one or more medallions. Applications are accepted only in even-numbered years, and not every application is approved, because the streets can handle only so much taxi traffic. Medallions can be resold or leased after a short waiting period, and they bring as much as $10,000 apiece on the gray market from independent drivers who have given up hope of obtaining one from the city

    I'm not familiar with the exact regulations for a taxi driver in Austin, but I'd bet Uber and Lyft are complaining about their drivers only having to do part of what's required for a taxi driver there.

    Let Austin worry about it. It's Austin's regulation for Austin's people. Now that it's going to a referendum the truest form of democracy you're likely to see on such a scale will take care of it in a locally agreeable way.

    1. Re:local rules by local rulers by mynametaken · · Score: 2

      One other bit of history about this issue in Austin: In 2014 the City Council and the city negotiated an agreement with Uber and Lyft that was voted on and passed 6-1. Since then there have been no issues other than the complaints of the cab companies. Then Austin went through a massive change in government: from 6 at-large elected council members plus one mayor to 10 Council members elected by geographic districts (newly drawn up) + 1 mayor. Only one council member from 2014 remains.

      Instead of sticking to the original agreement that was working and forging ahead with critical transportation issues in Austin (public transit, parking, bike lanes, and sidewalks), the new council members put all that on the back burner and have spent the last year re-hashing the whole debate that was supposedly settled by the last council in 2014.

  12. Don't Expect by sycodon · · Score: 5, Interesting

    Don't expect the Austin City COuncil to abide by the election results. the have a history of ignoring the voters and doing what they want through other, more expensive means.

    Don't be fooled.This is not about Safety. It's about control and city revenue. What the story doesn't mention (ir buries deeply) is that with this regulation, the city wanted 1% of revenues to supposedly pay or the finger printing.

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  13. What should Austin do? by frank_adrian314159 · · Score: 3, Insightful

    Don't give Uber what it wants. Not because it's Uber (which would be a good enough reason in itself), but because history has shown whenever governmental entities deal with corporate entities, the corporation usually comes out on top. It's not that government is stupid - it's just that corporations have a lot more time to concentrate on how to take advantage than government does.

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    That is all.
  14. The cost is hidden. by tlambert · · Score: 3, Insightful

    Fingerprinting is a minor, one-time upfront cost, so it isn't an unreasonable regulation.

    The cost is hidden.

    Unless they destroy the collected fingerprints when the answer is "no", instead of databasing them.

    Otherwise, they should just do a DNA swab, and compare it to both solved and unsolved cases, right?

  15. Re:I totally agree. by Bearhouse · · Score: 3, Insightful

    Yeah OK, /sarcasm tag.
    But your straw man sucks;
    Getting into a car with a complete stranger - who thus has de facto control over your life for that time you're riding together - is very different from going into a store.

  16. Third world working conditions, sponsored by Uber by Tenebrousedge · · Score: 4, Informative

    To pick a nit, the medallion market is a government run monopoly, but the taxi market is not. Some sort of medallion system is necessary; the system will only begin to self-correct for traffic congestion at the point where it becomes uneconomical to sit in traffic. If your fare is paying per minute as well as per mile, this may never happen, and even if that is not the case, an idling car uses very little gasoline.

    The situation in Panama City is the end-game for Uber. Anyone can drive a taxi, for a modest license fee. The fares are very low and taxicabs are plentiful. So how do you make money? You skimp on maintenance and insurance, jack up your prices for anyone you don't like, and if the person wants to go somewhere congested, either charge them and only take them a couple blocks, or just refuse service entirely. Also, because of the iron laws of competition, the price of the service is going to be driven down to the lowest amount that will keep the car and driver on the road. If you want to introduce this to America, keep in mind that it's not going to be Uber's fault if their drivers don't make minimum wage and congestion goes wild.

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