The SFMTA'S Comments on the CPUC's Rulemaking on Ridesharing

No, I 'm not on the MTA payroll. I've earned my gold star for SFMTA bashing by writing twenty some posts criticizing them for trying to cure San Francisco's shortfall by taxing cab drivers and killing the waiting list.

But that fight is now in the past and possibly in the future. At the moment we're both lined up against the same adversary - illegal app mongers out to destroy the taxi business.

That's right! Contrary to urban myth, the SFMTA is as strongly against the illegal encroachments of Uber, Lyft and Sidecar as anybody. 

The government officials actually responsible for keeping attack dogs off the techie, snake-oil, sales-persons are the California Public Utilities Commission (CPUC), Mayor Ed Lee and pro-corporate, anti-environment Supervisor Scott Weiner.

The SFMTA has actually gone beyond mere opposition to help organize and lead the fight. Director Christiane Hayashi, for example, has been instrumental in showing Barry Korengold of the San Francisco Cab Drivers Association and myself how to jump thorough the CPUC's hoops so that we could become part of their rulemaking process.

The below comments were put together by the Taxi Services staff with the final version being written by City Attorney Mariam Morely. The paper was okayed and signed by Director of Transportation Edward D. Reiskin. 

It's an excellent, well-thought out and thorough presentation that I thought I'd share with you. 

I. Introduction

As the SFMTA stated in its Initial Comments, the use of electronic hailing applications to deliver transportation for hire services does not change the underlying nature of the services.   Electronic hailing can and is being widely used to support delivery of both state-regulated charter-party service and locally-regulated taxi service.  It is also being used to support completely unregulated service.  With or without electronic hailing, transportation for hire services like those offered by Uber, Lyft and Sidecar must be regulated to protect the public health and safety and to meet many other critical public policy goals served by local taxi regulation. 

Services like Uber, Lyft and SideCar meet the statutory definition of charter-party service; however, as we review the record, we note that electronic hailing applications have effectively dissolved the previously coherent regulatory distinction between charter-party service and taxi service.  While meeting the statutory definition of charter-party service, Uber, Lyft and Sidecar offer services that can equally  be characterized as taxi service.  The solution to this regulatory problem is not double regulation; nor can it be the solution suggested by the CPUC's recent interim settlements with Uber and Zimride -- a weakened halfway form of charter-party regulation.  Existing California law provides two distinct frameworks for regulating transportation for hire.  The regulatory problem triggered by electronic hailing will not be solved by  "charter-party lite" or "local taxi lite" regulation.    Because transportation for hire services are critical to maintaining environmentally sustainable and economically vibrant urban areas, we urge the CPUC to work closely with local taxi regulators to develop a regulatory scheme that that ensures the availability of safe, reliable, affordable, environmentally-sustainable and nondiscriminatory transportation options for all segments of the market.  

The transportation for hire market in California cities can sustain two classes of service -- both of which can be supported and improved by the magnificent opportunity reflected in electronic hailing innovations.  As public servants, we must deliver a solution to the regulatory problem we face that does not abandon the critical goals that have historically been served by regulation of transportation for hire.  Our solution must ensure that unregulated services do not drive regulated providers out of business and, in so doing, undermine our state and local goals for reducing greenhouse gas emissions and ensuring access to safe and reliable transportation for all California residents -- including seniors and people with disabilities.  While born of innovation and opportunity, this challenge is formidable.   We can meet it effectively only by working together.

(To read further Click below.)

Will There Be A ...

A while back, Tariq Mehmood announced a 24 hours strike on August 2nd, but the winds of revolt may have died down. I don't keep up with Mehmood's decrees but, last I heard, the self-proclaimed "powerful and great leader" was thinking about pulling back to the usual ho-hum honkathon at City Hall.


If I'm reading the tea leaves correctly, I think other protest leaders have decided to either follow suit or not protest at all. And, indeed, why should they? The MTA has already compromised or agreed to compromise on most of the driver's concerns.


Plus, it doesn't made a lot of sense to protest on a day when San Francisco's cab drivers almost certainly will be given a 20% raise.


The raise is one of two taxi items on the agenda for the SFMTA Board meeting on Tuesday.


1. A Meter Increase 


of 10 cents for every 1/5th of a mile and 10 cents for every minute of waiting time, which was worked out by drivers at Town Hall meetings, has already been approved by the board.


In addition the board will discuss adding 40 cents to the flag drop thus raising the drop to $3.50.


That there is to be no discussion of a gate increase at this meeting is a good sign for the drivers. Hopefully, this means that the board has wisely decided that there should be no gate increase for the foreseeable future. If so, drivers will get a 20% raise even if credit card fees continue to be passed on by the companies.


2. The Issuance of New Medallions


The plan on the agenda calls for:

• 50 new single operator part-time taxi permits.
• 25 new full time permits given to drivers on the list.
• 10 new full time permits to be sold by the MTA.
• 2 full-time temporary electric vehicle permits.

The presence of this item is a good sign because it means that the back-door efforts of John Lazar of Luxor Cab and Jim Gillespie of Yellow Cab to kill the item (so that they could flood the city with taxis) failed.


Appointing Edward Reiskin to the position of  Director of Transportation, effective August 15, 2011, will also be on the agenda.


What can also be expected is an hysterical, full-bore, slanderous, misogynistic attack on Deputy Director of Taxi Services Christiane Hayashi by the  Mehmood. I'm sure that Tariq sees this as his last best chance to get rid of the nice lady that he's demonized. In this he'll be backed by a group of misinformed drivers who've never met and don't know Hayahsi, and a few of the more corrupt cab companies who want to continue cheating drivers out of their money.


It would be nice if taxi people who have worked with the Deputy Director and know what a fair, honest and brilliant administrator she has been would speak on her behalf. If you've done this before, please to do it again if you can. Show Director Reiskin the support she really has in the cab community. You owe it to yourselves.


The SFMTA Board meeting will be held at Room 400 City Hall at 1 P.M. Public comment usually takes place fairly soon after the meetings begin.