Category: regulators

Disputes with regulators or about regulation

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Portland “Regulation Evasion Audit” of Uber Greyball

In response to Uber’s Greyball blocking of government investigations, the Portland Bureau of Transportation (PBOT) prepared a 56-page audit report. Their summary:

In using Greyball, Uber has sullied its own reputation and cast a cloud over the TNC industry generally. The use of Greyball has only strengthened PBOT’s resolve to operate a robust and effective system of protections for Portland’s TNC customers.

PBOT continued:

As the agency responsible for ensuring the safety of TNC customers and the integrity of the TNC market, PBOT views Uber’s failure to comply with deep concern. This failure calls into question Uber’s commitment to comply in general with the City of Portland’s regulatory framework. It also raises questions about Uber’s ability to be a trustworthy partner in PBOT’s efforts to ensure that Portland’s TNC customers receive safe and reliable service.

PBOT searched for evidence of Uber continuing to use Greyball, or of Lyft doing so. They found no such evidence, though they noted that “It is inherently difficult to prove a negative.”

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London Police said Uber “aware of criminal activity and yet haven’t informed the police”

In an April 2017 letter, the London Metropolitan Police questioned why Uber had not notified the police about criminal offenses known to Uber. The Police reported Uber refusing to provide information within its custody unless the police submit a formal request, and also refusing to report crime to the police because such reports may breach rights of a passenger. The Police questioned Uber’s approach, saying that Uber is “allowing situations to develop” that affect public safety, and noting also that the extra steps Uber calls for can impede prompt prosecution and ultimately lead perpetrators to go free.

The letter’s conclusion:

The significant concern I am raising is that Uber have been made aware of criminal activity and yet haven’t informed the police. Uber are however proactive in reporting lower level document frauds to both the MPS and LTPH. My concern is twofold, firstly it seems they are deciding what to report (less serious matters / less damaging to reputation over serious offences) and secondly by not reporting to police promptly they are allowing situations to develop that clearly affect the safety and security of the public.

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Claimed to be an “information society service,” but regulator said actually a transportation service

Seeking to avoid regulations from individual countries in Europe, Uber argued that it is an “information society service” that could only be regulated in accordance with Europe-wide procedures. In a May 2017 decision, the European Court of Justice said that Uber “falls within the field of transport” and therefore “Uber can … be required to obtain the necessary licenses and authorizations under law.”

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San Francisco Police Department finds that Uber and Lyft drivers committed 65% of downtown traffic violations

At a hearing, Commander of Municipal Transportation for the San Francisco Police Department Robert O’Sullivan, reported that Uber and Lyft drivers were cited for the majority of traffic violations in downtown San Francisco. In particular, he reported that on the dozen tags SFPD studied, Uber and Lyft drivers caused 1723 of 2656 violations, 65%.

The most common violations resulted from using transit-only lanes (authorized for use by buses and taxis but not Uber or Lyft) (1144 violations). The second-most common category was obstructing a bicycle lane (183 violations).

San Francisco Supervisor Aaron Peskin remarked on the seriousness of the situation and added that “We should take this to the state attorney general.”

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Stripped of license to operate in London because “not fit and proper”

In September 2017, Transport for London informed Uber that TfL will not renew Uber’s license to operate in London after September 30, 2017. TfL summarized its concern as Uber being “not fit and proper to hold a private hire operator license” based on a series of deficiencies including:

  • Its approach to reporting series criminal offenses
  • Its approach to how medical certificates are obtained
  • Its approach to how Enhanced Disclosure and Barring Service checks are obtained
  • Its approach to explaining the use of Greyball in London, software that could be used to block regulatory bodies from gaining full access to the app and prevent officials from undertaking regulatory or law enforcement duties

London Mayor Sadiq Khan said the ruling was appropriate because “companies must play by the rules.”

Uber appeared like to challenge the ruling in court, and could continue operation during litigation.

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Criticized by San Francisco City Attorney

After the City of San Francisco requested records about driver safety, disability access, and other operations, via a subpoena, Uber objected and refused to cooperate. San Francisco City Attorney Dennis Herrera summarized Uber’s approach: “Unfortunately, Uber is doing what it always seems to do: raise obstacles and drag its feet— all while continuing to flout the law.”

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Fined for operating without permits in Philippines

The Philippines Land Transportation Franchising and Regulatory Board (LTFRB) fined Uber for 5 million Philippine pesos (about US$97,000) for letting some drivers operate without permits. Uber and fellow TNC Grab defended their action by citing passenger demand, explaining that if the did not add new drivers, they would be unable to serve passenger requests. But LTFRB Chairman Martin Delgra III pointed out that this purpose did not excuse the companies from complying with applicable laws.

According to the LTFRB, of the 10,054 active drivers that Uber submitted, less than 2,000 had active and valid permits.

LFTRB Tweet alerting drivers to the obligation to cease operations, and encouraging Uber to “to extend financial assistance” to drivers because drivers “would not have suffered the current predicament were it not for the predatory actions of respondent Uber.”

The LTFRB subsequently offered to lift the one-month suspension if Uber paid a penalty of 190 million pesos ($3.7 million). Senator Grace Poe, a Philippines legislator favoring improving transport, said the hefty fine should “make Uber rethink its actions and re-evaluate its strategy in testing the extent of government regulations.”

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