Last month, the Austin Mobility Committee approved a sweeping overhaul of the city’s ridesharing ordinance. The City Council could vote on these regulations as soon as December 17.

“If the current proposal is adopted, Austin will become the only major city in the U.S. without ridesharing.” said Uber spokesperson Debbee Hancock. “With the holidays right around the corner, this couldn’t come at a worse time for Austin drivers. Austinites also depend on Uber for a safe alternative to drinking and driving this holiday season. We hope to work with the City to prevent the elimination of ridesharing and allow drivers to continue keeping the streets of Austin safe for everyone.”

Below is a detailed assessment of the current Committee recommendation.

Austin Mobility Committee Recommendations

LiveScan Background Check

We’re proud of our standard and processes for safety — which utilize technology for real-time, data-driven quality control. Our technology removes the anonymity from rides by giving riders their driver’s name, make and model of their car, and license plate number; uses GPS to track all trips from beginning to end; enables riders to share their location and travel route with family and friends; and incorporates feedback and ratings from all riders and driver-partners.

In addition to our technology, we screen every driver-partner’s driving and criminal history — through a rigorous process covering national, multi-state, and county databases — before a driver-partner can access the platform. This helps us keep people off the platform whose history directly calls into question their ability to provide safe and reliable transportation.

Under the current ordinance, there are strict criteria that would disqualify many individuals from becoming TNC drivers. Conversely, the City has far more permissive requirements for taxi drivers, including only requiring a statewide background check. While the ATD has not provided an updated recommendation since the October 13 Council vote, the most recent TNC-related memo (dated August 3, 2015) ATD sent to the City Council did not recommend a change to the TNC background check process, but rather recommended taxi and other ground transportation companies be required to adopt the same processes in place for TNCs.

Because fingerprinting records are linked to databases that often only contain arrest information, but not final disposition, such records are unlikely to provide relevant information for us to make a decision. According to the Greenlining Institute, fingerprinting records can also disproportionately burden people of color, who are often targeted by law enforcement for arrest but not actually convicted. Our technology solutions provide better and more relevant data for keeping people safe.

For more explanation about issues with fingerprint-based background checks, please see the addendum below.

Inspections

All Uber driver-partners must have valid Texas vehicle registration stickers, meaning they have already passed the state’s thorough vehicle inspection process, an annual review of all major safety features on a vehicle by a DPS certified inspector. Because records are kept digitally, Uber’s technology can automatically suspend a driver-partner’s access to the platform, should the individual fall out of compliance (e.g., their vehicle registration sticker expires), until he or she becomes compliant.

In addition to the state’s requirement, Uber conducts real-time quality control through its 24/7-customer support service. Riders and drivers are required to rate each other and provide feedback for every trip before requesting or accepting another ride. If a concern about safety or vehicle quality is reported, we are able to investigate it quickly and immediately deactivate the relevant parties’ accounts so that they cannot accept or take another trip until the issue is resolved.

Finally, unlike taxicabs, which are commercial vehicles on the road much of the day, the majority of Uber driver-partners in Austin use the platform less than 10 hours per week.

For these reasons, we believe the state’s inspection standard is sufficient. The mandate for two inspections is excessive and would levy unnecessary costs and burdens on TNC driver-partners. The result would limit the number of safe transportation options on the road, as well as the potential earning opportunities for many Austinites.

Trade Dress

Trade dress is not only unnecessary, it can present a false sense of security, since physical documentation can be replicated, borrowed or possessed long past the point of partnership.

Using Uber’s technology, no ride with Uber is anonymous: riders can make sure they are getting into the right vehicle with the right driver. When a rider requests a trip, they are provided with the driver-partner’s photo, name, and make/model of the car, which they can verify upon their driver’s arrival. If there is any confusion about the pickup location, riders and drivers can contact each other without sharing their phone number or other personal information. In addition, riders can track the GPS location of their vehicle on a map and share their trip information with family and friends.

GeoFencing

We are supportive of working with event organizers and the ATD to ensure there are safe transportation options readily available for Austinites and visitors for large events such as SXSW and the ACL Festival. That said, we have experienced ATD trying to prohibit ridesharing in large portions of downtown during SXSW, which would have reduced access to safe rides when people needed them the most. We are hopeful that the recommendation seeks to encourage collaboration, rather than provide the ATD with unilateral control over transportation options at events and the proprietary technology of a private, third-party company.

Reporting Requirements

As noted above, under the existing TNC ordinance, Uber regularly submits trip data to the ATD. To date, there has been no explanation as to how this data is being used. If the current arrangement is not meeting the City’s needs, we are always available to discuss what needs are not being met and how we can better assist with those efforts. We believe this conversation is crucial to formalizing a new agreement.

General Operations

The prohibition of loading/unloading except at a curb is a duplication of a state law. Additionally, state law makes it illegal to load/unload in the crosswalk and at an intersection. Under the current ordinance, the Austin Police Department has the authority to enforce this. It is unclear as to why an additional law is needed. As with other recommendations, this appears to be unnecessary, and we are unsure of what is intended or desired. We would prefer to work with the City to address transportation issues facing Austin rather than discussing duplicative regulations.