# (Updated) Texas TNC BILL Leaves Drivers in Gap Insurance Catch 22



## chi1cabby

*Paddie's Lyft-for-Hire bill runs Uber cities*
*http://www.ktsm.com/news/paddies-lyft-hire-bill-runs-uber-cities*


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## Fuzzyelvis

It doesn't make sense uber would leave San Antonio over fingerprinting since we do that in houston already along with medical exam, drug testing, warrant check, driving record check and vehicle inspection (for the legal city licensing). Has to be more to it than that.


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## chi1cabby

HB 2440 Bill Text
http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB02440I.htm


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## chi1cabby

Fuzzyelvis said:


> Has to be more to it than that.


Uber got a Texas legislator to sponsor a statewide bill that is "Written By Uber, For Uber".

1) This bill *Preempts Local TNC regs.*

Sec.2402.018.CONTROLLING AUTHORITY. Notwithstanding any
other provision of law, transportation network companies and
transportation network drivers are governed exclusively by this
chapter and any rules adopted by the department under this chapter.
A municipality or other local entity may not:
(1)impose a tax on, or require a license for, a
transportation network company or a transportation network driver;
or
(2)subject a transportation network company or
transportation network driver to the municipality's or other local
entity's rate, entry, operational, or other requirements.

2) It leaves Drivers in* Gap Insurance Catch 22.*
Sec.2402.008.INSURANCE. (a) During the time that a
transportation network driver is logged into a transportation
network company's digital network but not providing transportation
network services, financial responsibility for the driver's
vehicle must be established as required under Chapter 601,
Transportation Code, except that the motor vehicle liability
insurance policy must be an owner's or operator's policy that is
issued by:
(1)an insurance company authorized to write motor
vehicle liability insurance in this state; or
(2)a surplus lines insurer under Chapter 981,
Insurance Code.
(b)The requirements of Subsection (a) may be satisfied by a
combination of insurance policies maintained by the transportation
network company or transportation network driver, *including a motor*
*vehicle liability insurance policy that provides coverage in the*
* event the driver's policy excludes coverage according to its terms.*

3) The bill absolves Uber of responsibility to *Provide Wheelchair Accessible Transportation *by paying upto $10,000 annually.
Sec.2402.015.ACCESSIBLE TRANSPORTATION; SURCHARGE. (a)
The department may impose a fee, not to exceed $10,000 annually, on
transportation network companies, taxicab companies, and limousine
and other for-hire vehicle companies that do not provide
wheelchair-accessible service and deposit the fees into an account
in the general revenue fund to provide grants to transportation
network companies, taxicab companies, and limousine and other
for-hire vehicle companies that provide wheelchair-accessible
service.


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## Fuzzyelvis

chi1cabby said:


> Uber got a Taxes legislator to sponsor a statewide bill that is "Written By Uber, For Uber".
> 
> 1) This bill *Preempts Local TNC regs.*
> 
> Sec.2402.018.CONTROLLING AUTHORITY. Notwithstanding any
> other provision of law, transportation network companies and
> transportation network drivers are governed exclusively by this
> chapter and any rules adopted by the department under this chapter.
> A municipality or other local entity may not:
> (1)impose a tax on, or require a license for, a
> transportation network company or a transportation network driver;
> or
> (2)subject a transportation network company or
> transportation network driver to the municipality's or other local
> entity's rate, entry, operational, or other requirements.
> 
> 2) It leaves Drivers in* Gap Insurance Catch 22.*
> Sec.2402.008.INSURANCE. (a) During the time that a
> transportation network driver is logged into a transportation
> network company's digital network but not providing transportation
> network services, financial responsibility for the driver's
> vehicle must be established as required under Chapter 601,
> Transportation Code, except that the motor vehicle liability
> insurance policy must be an owner's or operator's policy that is
> issued by:
> (1)an insurance company authorized to write motor
> vehicle liability insurance in this state; or
> (2)a surplus lines insurer under Chapter 981,
> Insurance Code.
> (b)The requirements of Subsection (a) may be satisfied by a
> combination of insurance policies maintained by the transportation
> network company or transportation network driver, including a motor
> vehicle liability insurance policy that provides coverage in the
> event the driver's policy excludes coverage according to its terms.
> 
> 3) The bill absolves Uber of responsibility to *Provide Wheelchair Accessible Transportation *by paying upto $10,000 annually.
> Sec.2402.015.ACCESSIBLE TRANSPORTATION; SURCHARGE. (a)
> The department may impose a fee, not to exceed $10,000 annually, on
> transportation network companies, taxicab companies, and limousine
> and other for-hire vehicle companies that do not provide
> wheelchair-accessible service and deposit the fees into an account
> in the general revenue fund to provide grants to transportation
> network companies, taxicab companies, and limousine and other
> for-hire vehicle companies that provide wheelchair-accessible
> service.


Yes but I was talking about the article saying uber left San Antonio over fingerprinting. THAT makes no sense since we have that in the city rules here in houston.


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## chi1cabby

Rep Chris Paddie @ChrisPaddie on Twitter.
On Facebook:
https://m.facebook.com/story.php?story_fbid=853454451367900&substory_index=0&id=233431773370174


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## StephenJBlue

Uber leaving San Antonio has nothing to do with the background checks. Almost all of the regulations in the original December Regulations were rolled back significantly. With the exception of the insurance.

Uber wants the same insurance in SA that is in Houston and will be in Austin. The San Antonio insurance requirement really isn't different from what Uber agreed to in California. When asked about that, they said that's different because CA is a state and SA is a city. When asked why they want the insurance regs in Texas to be weaker than the ones in CA they ignored the question.

Remember that their business model is about passing the costs of business to the driver. They had to accept the California regs since they couldn't really tell California they were going to suspend business there. SA is just a city, much easier to do that there.

If they couldn't get away without providing any insurance at all, they would.


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## Casandria

I think they're waiting for the state bill to pass which will make all of the talks at the city level moot. Uber was willing to give in more in NY because of the amount of business there, but in SA, it's not nearly the same volume so not worth it. They probably wouldn't have gone along with the Houston stuff if they'd had the state bill on the horizon at that time.


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## StephenJBlue

Casandria said:


> I think they're waiting for the state bill to pass which will make all of the talks at the city level moot. Uber was willing to give in more in NY because of the amount of business there, but in SA, it's not nearly the same volume so not worth it. They probably wouldn't have gone along with the Houston stuff if they'd had the state bill on the horizon at that time.


I think you're probably correct. Sad. No protections for the drivers at all.

Not sure what my plans are now since they are "pausing (LOL)" service in San Antonio. Have to think.


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## Casandria

They're going to keep going until the April 1 deadline. That gives us 3 weeks to figure something out


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## scrurbscrud

chi1cabby said:


> *Paddie's Lyft-for-Hire bill runs Uber cities*
> *http://www.ktsm.com/news/paddies-lyft-hire-bill-runs-uber-cities*


Gotta love the disclosure at the bottom of the article:

"Disclosure: *Uber Technologies is a corporate sponsor of The Texas Tribune.* A complete list of Tribune donors and sponsors can be viewed here."

Naw, big media isn't biased.


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## Casandria

Tx rides said:


> I don't think that bill will pass. It is unfair protection and should get shredded by anyone who truly supports free market.


This is politics; free market doesn't come into the equation, even in Texas.


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## Casandria

Actually, they will both protect whoever pays them the most for that protection.


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## chi1cabby

chi1cabby said:


> Gap Insurance Catch 22.


The only way to ensure that Drivers are not operating in Gap Insurance Catch 22 is to require that TNCs provide "App On Primary Commercial Insurance"
https://uberpeople.net/threads/poll-insurance.2617/

Uber is currently providing Gap Insurance coverage in Colorado 
http://uberxcolorado.com/drive/?page_id=483









and Pennsylvania
http://www.puc.pa.gov/pcdocs/1334959.pdf


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## chi1cabby

In Oklahoma there are two competing TNC Bills.

Rep. Katie Henkie's HB 1614 leaves Drivers in the Gap Insurance Catch 22, by only requiring that TNCs maintain Contingent Insurance coverage if Drivers' personal car insurance fails to provide coverage during the "Gap Period". But personal auto insurance Never Provides this coverage, yet the bill requires Drivers to First rely on personal policies. So for Drivers to get coverage from TNCs Contingent Insurance policy, they have to First file a claim with their Personal Auto policies, and likely get their policy cancelled as they were engaging in "Vehicle For Hire" activity in violation of the exclusions of their Personal Auto policies.

Oklahoma Sen. Marty Quinn's SB 436 requires that TNCs can meet Gap Insurance requirement by providing the coverage themselves, or by verifying that Drivers' personal car insurance actually provides this coverage. TNCs can't get away with Willy nilly relying on Drivers' personal car insurance for Gap Insurance coverage.

https://uberpeople.net/threads/uber...-the-insurance-gap-in-tnc-legislations.14526/


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## Txchick

Tx rides said:


> Well Politically speaking: liberals will protect cabs, conservatives will protect business,It should get shredded by both


Noooo not really on liberals on cab industry.


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## Fuzzyelvis

Casandria said:


> This is politics; free market doesn't come into the equation, even in Texas.


ESPECIALLY in TX. You must not be from here.


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## Lidman

One time a pax asked me who I thought some of the famous "left wingers" and right wingers" were. I replied John Tonelli a famous left... Mike Bossy.. a famous right-winger. What I liked about this the most is that he had no idea I was talking about hockey players.


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## chi1cabby

Excuse me, but this is thread to Advocate on behalf of Drivers for Gap Insurance Coverage Requirements. This is Not a thread to rehash political viewpoints.
@Lidman @Txchick @Casandria @Fuzzyelvis please delete your political posts. They will hinder this threads utility as an advocacy tool in weeks to come. I hope you understand and won't mind me asking you.
Thank you!


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## Lidman

That wasn't a political post. I was talking about hockey players. Right winger and left winger are positions in a hockey game.


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## chi1cabby

Lidman said:


> That wasn't a political post. I was talking about hockey players. Right winger and left winger are positions in a hockey game.


Still off topic, please delete!
I did not spend all this time and energy only to have off topic posts diminish the threads utility.
This thread will be brought to the attention of reporters and legislators in order to Advocate for Gap Insurance coverage requirement.

Thank you all.


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## Txchick

scrurbscrud said:


> Gotta love the disclosure at the bottom of the article:
> 
> "Disclosure: *Uber Technologies is a corporate sponsor of The Texas Tribune.* A complete list of Tribune donors and sponsors can be viewed here."
> 
> Naw, big media isn't biased.


Texas Tribune is a pay to play type online news source. Not all things they write are to the view point of their sponsors.


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## Casandria

Fuzzyelvis said:


> ESPECIALLY in TX. You must not be from here.


Um, born and raised in Dallas, spent 3 years living in the boonies on 23 acres and now living in San Antonio


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## chi1cabby

Politics is fine and it has it's place. I'm asking that posts be on the issue of requirements of this particular Bill. Purely political posts do not add to value of this thread, but detract from it's advocacy value. And you know that I start these threads to inform drivers, and also use these threads to bring the Drivers' POV to the attention of legislators and reporters.


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## Txchick

Tx rides said:


> I think the bill stinks BEYOND TNCs, this risks far more than driver coverage during gap phase. It introduces a new state level oversight which, as you've seen, grows in to a power force no one can reckon with.
> 
> Additionally, it carves a special niche for one type of reservation system. For those relatively new to this, trust me-that's how these regulations got so far out of hand in the first place!! Once such a niche is carved, they will have state level power to regulate you, and they will. Then some other model will come along claiming exemption to existing laws. Since it takes years to change laws here, whatever is in place will remain, and TNC drivers will watch the latest unfettered gypsies drive past them, foregoing whatever costly, time chomping process the state designed for them.
> 
> Food for thought, y'all


Regulation of TNC's & cabs should be left to the cities. What state level agency would monitor the laws put in place?? Do they shove that monitoring off to the cities without funding to monitor it or change it if needed? How is it fair to the cab the industry if regulations to the TNC's are at the state level & cab industry is left to the cities??


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## Txchick

Tx rides said:


> I don't want Texas to be the new California. No offense, west coasters!
> I love that our legislation can ONLY meet every two years, and would like to keep it that way.


How does your statement have anything to do with TNC Bill on the table???


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## chi1cabby

*Cry havoc, and let slip the lobbyists of, um, lobbying!*


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## Fuzzyelvis

chi1cabby said:


> Excuse me, but this is thread to Advocate on behalf of Drivers for Gap Insurance Coverage Requirements. This is Not a thread to rehash political viewpoints.
> @Lidman @Txchick @Casandria @Fuzzyelvis please delete your political posts. They will hinder this threads utility as an advocacy tool in weeks to come. I hope you understand and won't mind me asking you.
> Thank you!


How can you separate politics and talk about insurance? Just sayin'.


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## Fuzzyelvis

Casandria said:


> Um, born and raised in Dallas, spent 3 years living in the boonies on 23 acres and now living in San Antonio


Then you should know Texas' reputation for corrupt politicians.


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## Casandria

Fuzzyelvis said:


> Then you should know Texas' reputation for corrupt politicians.


That's why I said they would be in favor of whoever was paying them the most...


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## 20yearsdriving

Casandria said:


> They're going to keep going until the April 1 deadline. That gives us 3 weeks to figure something out


Limousine permit it's not hard


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## Casandria

Here you have to own and operate at least one stretch limo in order to get a permit. Can't pay the electric or water bills right now let alone buy a stretch limo.


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## 20yearsdriving

Txchick said:


> Regulation of TNC's & cabs should be left to the cities. What state level agency would monitor the laws put in place?? Do they shove that monitoring off to the cities without funding to monitor it or change it if needed? How is it fair to the cab the industry if regulations to the TNC's are at the state level & cab industry is left to the cities??


If left to cities there will be a mess , here in California taxicabs are regulated by cities BAD : you need a bussiness license in each city you operate in a 30 mile radius there are about 20 cities , if you have a permit for your city (A)you are a "licensed" but not for (B) you are illegal - saint in one city cross the border to the next you are "trash"-
This creates the turf wars mafia style system , you have to pay many to people to operate and are at their mercy , when regulated by state they give you state wide authority ( conditions only pre-arranged transportation ) state weeds out bad players , state treats you same way they treat a multimillion dollar company , cities play favorites : I had the watch commander knock in my door telling me I can not operate in my city because yellow cab has a bussiness license here ( exclusive franchise this means only they can have a license no one else can apply ) I had a taxi service california S corp , 3 bussiness licenses but was hunted every where else , got my tcp 3 years ago now as long as I follow state law I'm untouchable cities can not regulate me their police departments can only enforce state laws , plus having a authority makes them respect you


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## 20yearsdriving

Casandria said:


> Here you have to own and operate at least one stretch limo in order to get a permit. Can't pay the electric or water bills right now let alone buy a stretch limo.


Just an idea , if they leave San Antonio you will temporarily have the market , if lets say 10 current uber drivers got together filed for a llc or corp you can buy 1 cheap limo under the bussiness add 10 cars and all of you can operate 
you don't need to drive the limo , benefits are you will have "spread" in risk this makes insurance much cheaper , if you incorporate you can issue a share to each owner and sell more to new drivers or buy out other driver that no longer want to be a parts of it ( in California corps are easy only 800.00 a year and file taxes ) most corps don't show a profit for the first 7 years so you overhead share of overhead is probably lower than what uber takes , you leads can come fairly easy 
1 drop bussiness cards everywhere 
2 internet advertising if mostly free
3 spread the word social media 
4 everyone likes the underdog


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## Casandria

I appreciate the idea, but we came here to open restaurants again and do commercial real estate on the side so that's where our focus is. Thankfully, we are meeting with the investors this Saturday and should have things going by the end of the month. I honestly have no interest in driving long-term; I'm just not built for it. I love being a hostess in my home and that extends to the restaurants. I can't cook to save my life, but I can make sure that everyone is taken care of, feels special and welcome and leaves happy.


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## Txchick

20yearsdriving said:


> If left to cities there will be a mess , here in California taxicabs are regulated by cities BAD : you need a bussiness license in each city you operate in a 30 mile radius there are about 20 cities , if you have a permit for your city (A)you are a "licensed" but not for (B) you are illegal - saint in one city cross the border to the next you are "trash"-
> This creates the turf wars mafia style system , you have to pay many to people to operate and are at their mercy , when regulated by state they give you state wide authority ( conditions only pre-arranged transportation ) state weeds out bad players , state treats you same way they treat a multimillion dollar company , cities play favorites : I had the watch commander knock in my door telling me I can not operate in my city because yellow cab has a bussiness license here ( exclusive franchise this means only they can have a license no one else can apply ) I had a taxi service california S corp , 3 bussiness licenses but was hunted every where else , got my tcp 3 years ago now as long as I follow state law I'm untouchable cities can not regulate me their police departments can only enforce state laws , plus having a authority makes them respect you


That ride sharing Bill introduced in TXledge has nothing to do with cabs & Uber would skate on gap in insurance for drivers on app without passengers. Cabs in Texas would still be regulated by cities. So how is it fair that cabs still regulated by cities in TX & ride sharing is not??? Have you even read the proposed bill in TX?


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## 20yearsdriving

Txchick said:


> That ride sharing Bill introduced in TXledge has nothing to do with cabs & Uber would skate on gap in insurance for drivers on app without passengers. Cabs in Texas would still be regulated by cities. So how is it fair that cabs still regulated by cities in TX & ride sharing is not???


Ok I did not read the whole thing , in California state is better at any regulation , here cities have to much power over what they regulate example : imagin a big bussiness in bed with the city , a small person planning to compete with the big guy will find that it's a lot harder to even be licensed to operate , large bussiness bring a lot to the city there for have a lot of pull , I personally hate cities love state is really really fair they make no distinction to who you are


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## StephenJBlue

20yearsdriving said:


> Limousine permit it's not hard


Not hard? Obviously you don't know the regulations here. Damn near impossible.


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## StephenJBlue

Casandria said:


> Here you have to own and operate at least one stretch limo in order to get a permit. Can't pay the electric or water bills right now let alone buy a stretch limo.


I looking into an executive car service. Nope. Has to be a Limo service. Multiple cars and limos before you can even get the permit. Ridiculous.


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## 20yearsdriving

If you plan to drive long term , join forces split the cost ??


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## StephenJBlue

20yearsdriving said:


> If you plan to drive long term , join forces split the cost ??


Good idea. Except the requirement that we own Limos. I had looked into this with a friend of mine. Wanted to use Chrysler 300's. But the limo requirement put an end to that.


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## Ziggy

Just got my Commercial Insurance ... definitely not happy about Uber ATX airport situation


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## chi1cabby

*HB 2440 is the best bill California money can buy*
*http://m.statesman.com/news/news/opinion/kargbo-hb-2440-is-the-best-bill-california-money-c/nknML/*


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## chi1cabby

*Uber dangerous?*
*http://www.myfoxhouston.com/story/28745686/uber-dangerous*


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## chi1cabby

*Uber and Lyft Are Spending Big to Get Statewide Laws in Texas*
*http://skift.com/2015/04/09/uber-and-lyft-are-spending-big-to-get-statewide-laws-in-texas/*


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## Fuzzyelvis

chi1cabby said:


> *Uber and Lyft Are Spending Big to Get Statewide Laws in Texas*
> *http://skift.com/2015/04/09/uber-and-lyft-are-spending-big-to-get-statewide-laws-in-texas/*


This part below makes no sense since until this week after the bad press I'm not aware of anyone being deactivated for not having a permit. Many of my pax tell me I'm the only driver they've had with a sticker. And there seem to be plenty of drivers around or it would be easier to make money. Seems most haven't figured out how to force a surge here unfortunately.

"Already, Houston has a strict ordinance that requires drivers to get permits - which requires fingerprinting - that Uber says left it with a fraction of the divers it has in other cities. Similar rules were adopted in in San Antonio, prompting both Uber and Lyft to leave."


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## chi1cabby

*Texas weighs Uber-friendly bill days after driver arrested for rape*
*http://america.aljazeera.com/articl...ajam&utm_source=twitter&utm_medium=SocialFlow*


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## observer

chi1cabby said:


> *Texas weighs Uber-friendly bill days after driver arrested for rape*
> *http://america.aljazeera.com/articl...ajam&utm_source=twitter&utm_medium=SocialFlow*


14 years on a drug conviction in a federal prison. He wasn't just selling joints to local college kids. That is a major slip up for Ubers "industry leading" background check.


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## chi1cabby

*"Final verification of individuals identity ... are user's responsibility".*

http://www.chicagotribune.com/news/...ult-of-customer-20141229-story.html?track=rss

Prosecutors and Fohounhedo's attorney said he shared an Uber account with his wife, Sheena Lemon Fohounhedo, who had a regular driver's license since December 2009. *The account was in her name, prosecutors said, but used his photo and phone number.*


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## Txchick

chi1cabby said:


> *Texas weighs Uber-friendly bill days after driver arrested for rape*
> *http://america.aljazeera.com/articl...ajam&utm_source=twitter&utm_medium=SocialFlow*


City of Houston looking at punitive actions against Uber. http://abc13.com/news/houston-considers-punitive-actions-against-uber/642042/


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## Txchick

chi1cabby said:


> View attachment 6574
> 
> 
> View attachment 6575
> 
> *"Final verification of individuals identity ... are user's responsibility".*
> 
> http://www.chicagotribune.com/news/...ult-of-customer-20141229-story.html?track=rss
> 
> Prosecutors and Fohounhedo's attorney said he shared an Uber account with his wife, Sheena Lemon Fohounhedo, who had a regular driver's license since December 2009. *The account was in her name, prosecutors said, but used his photo and phone number.*


Texas House grills Uber on background checks & insurance. Cities of Houston, Dallas, Austin urge lawmakers to leave monitoring ride share companies up to the cities. http://www.houstonchronicle.com/new...-Uber-on-driver-background-checks-6190461.php


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## Lidman

Good for them not giving into ubers demands!!!


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## chi1cabby

Txchick said:


> Texas House grills Uber on background checks & insurance. Cities of Houston, Dallas, Austin urge lawmakers to leave monitoring ride share companies up to the cities. http://www.houstonchronicle.com/new...-Uber-on-driver-background-checks-6190461.php


Damn pay wall!


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## Txchick

chi1cabby said:


> Damn pay wall!


Just google that & it will allow you to read it,


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## chi1cabby

Txchick said:


> http://www.houstonchronicle.com/new...-Uber-on-driver-background-checks-6190461.php


Same article w/o the pay wall
http://www.houstonchronicle.com/new...190461.php?t=1600f01bca&cmpid=twitter-premium


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## chi1cabby

*Background Checks Drive Uber Debate*
http://www.texastribune.org/2015/04/09/background-checks-drive-uber-lyft-debate/


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## chi1cabby

*Uber, Lyft Back in House Headlights*
*http://www.texastribune.org/2015/04...medium=rss&utm_campaign=Tribune Feed: Stories*


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## SCdave

@ chi1fcabby

I appreciate your updates on what's going on in the Uber/TNC world. I've sometimes gotten emails from Uber on my Rider Account to sign an online petition to get Uber into a city here or there. They obviously know I don't live in that "other state" but, well, they're good at this.

Would be nice to have links to Online Petitions on "things pro-driver" like having Insurance Gaps covered. Would you or anyone be able to provide a link of this type. Would then be nice to have a Static "Sign the Online Petition" on websites like uberpeople. Not my forte but would be great to focus on Insurance Gaps as they come up for discussion/legislation state by state?


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## chi1cabby

SCdave said:


> Would be nice to have links to Online Petitions on "things pro-driver" like having Insurance Gaps covered.


The good news is that most states bills are being amended to include a primary Gap Insurance coverage requirement. I wouldn't be surprised if Texas bill is amended to include it as well.
I'm not aware of any online petitions started by Drivers or Drivers' Forums to advocate on Drivers' behalf. This is an area where a Drivers Association like one championed by Rich Brunelle would have come in handy.
Alas, no one showed much interest in his initiative.


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## SCdave

chi1cabby said:


> The good news is that most states bills are being amended to include a primary Gap Insurance coverage requirement. I wouldn't be surprised if Texas bill is amended to include it as well.
> I'm not aware of any online petitions started by Drivers or Drivers' Forums to advocate on Drivers' behalf. This is an area where a Drivers Association like one championed by Rich Brunelle would have come in handy.
> Alas, no one showed much interest in his initiative.


Don't need an association to set up a petition. Lot's of online methods to do so. I'll look into it but you are just so much better at all this than I am. Again, no association required. Chi1cabby, how would you simply word a short petition/letter to "fill in state legislators" to promote covering the TNC Driver Insurance Gap? Short and easily understandable version. Maybe a group project in a separate thread?


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## chi1cabby

SCdave There are over 2 dozen states with TNC Bills under consideration. Some of them require Gap Insurance coverage, and others don't. Some are being amended per
*Uber | Insurance Aligned*
and others are proceeding without the Gap Insurance requirement. But none of these bills ask for Collison Damage coverage for Drivers during the Gap Period.

This is a petition for
*SUPPORT UBER NEBRASKA!*
http://petition.uber.org/nebraska/

This is what's being sent to legislators in Florida
*Uber emails aim to turn up heat on Florida Senate bill today*
*http://protectingyourpocket.blog.pa...to-turn-up-heat-on-florida-senate-bill-today/*

*Find your legislator*
*http://openstates.org/find_your_legislator/*


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## SCdave

chi1cabby said:


> SCdave There are over 2 dozen states with TNC Bills under consideration. Some of them require Gap Insurance coverage, and others don't. Some are being amended per
> *Uber | Insurance Aligned*
> and others are proceeding without the Gap Insurance requirement. But none of these bills ask for Collison Damage coverage for Drivers during the Gap Period.
> 
> This is a petition for
> *SUPPORT UBER NEBRASKA!*
> http://petition.uber.org/nebraska/
> 
> This is what's being sent to legislators in Florida
> *Uber emails aim to turn up heat on Florida Senate bill today*
> *http://protectingyourpocket.blog.pa...to-turn-up-heat-on-florida-senate-bill-today/*
> 
> *Find your legislator*
> *http://openstates.org/find_your_legislator/*


Thanks chi1cabby, as always. Really sad that Legislators are either too ignorant, too lazy, or too invested (aka receiving funds from Uber/TNC lobbyists) to protect the only constituents in their state/districts that actually provide the transportation for the other constituents/visitors of their state.

New motto " Just close the Gap, stupid".


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## chi1cabby

SCdave said:


> Thanks chi1cabby, as always.


I'm sorry, that's the best I could do. I know you'd asked me to write a sample petition, but I really couldn't come up with the language due to the sheer number of bills, their requirements & amendments.


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## Rich Brunelle

I will write a letter to the involved Senators. Seems like that is how I spend most of my free time lately. Actually they need to regulate us, assign us a TCP number at a reduced rate. The Association then needs to get a group rate for commercial insurance and quit using the insurance from the TNC's. Then take the $1 rider safety fee and give it to the drivers to supplement the cost of commercial insurance and that would eliminate the insurance problems completely.


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## Rich Brunelle

Letter sent to Rep. Joe Pickett


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## chi1cabby

*Road appears to run out on effort to create statewide rules for Uber, Lyft*
*http://trailblazersblog.dallasnews....to-create-statewide-rules-for-uber-lyft.html/*


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## chi1cabby

*End of the Road for Tesla, Ride-for-Hire Bills
https://www.texastribune.org/2015/05/14/end-road-tesla-uber-bills/*

"Ride-for-hire services Uber and Lyft also made a concerted push this session, deploying a fleet of nearly 40 lobbyists between the two companies - most of them for Uber - aiming to block Texas cities from regulating their businesses. The San Francisco-based firms use smartphone apps to connect ride-seekers with freelance drivers using their own vehicles.

Uber and Lyft threw the bulk of their support behind a measure by state Rep.Chris Paddie, R-Marshall, that would grant them statewide operating permits.House Bill 2440 would strip regulatory power from Texas cities like Houston and San Antonio that have clashed with the companies over standard fare rates, commercial insurance policies and driver background checks.

The measure limped out of committee in April after taking flak from state and city officials worried about public safetyand cab companies that want Uber and Lyft to face the same regulations they do. It was not scheduled for a vote on the House floor.

"There's no question it's dead," Paddie said on Wednesday.

Uber and Lyft's efforts to scrap city ordinances may have stalled in part because of bad timing.

The week before the House Transportation Committee met to consider Paddie's measure, an Uber driver in Houston was arrested on charges of sexually assaulting a passenger. Houston requires all commercial drivers to pass a city background check and obtain a city-issued permit, but Duncan Burton - who previously served 14 years for drug charges - was driving for Uber without a city permit.

An Uber representative spent much of that hearing being asked to explain how Burton slipped through the cracks.

Spokeswoman Sally Kay said that Uber is investigating the incident and that she couldn't comment.

"That's not really good enough for me," said state Rep. Larry Phillips, R-Sherman. The bill was later changed to let cities require fingerprint scans.

That wasn't the only case of bad optics at the hearing.

Several witnesses with physical disabilitiesblasted Paddie's bill for allowing Uber and Lyft to pay an annual fine of $10,000 in lieu of providing wheelchair-accessible services. Taxi service representatives say that's less than the typical cost of adapting a single vehicle for wheelchair access, meaning traditional cab companies required by cities to accommodate disabled customers would bear a steeper cost than companies like Uber and Lyft that could opt out.

"It's not just folks with disabilities," said Ed Kargbo, president of Yellow Cab Austin. "It's low-income folks. It's folks without access to a smartphone. It's making sure that there's access available to everybody."

Paddie said he'd consider trying to attach provisions of the bill as amendments to other legislation. The lower chamber passed another measure this week to regulate Uber and Lyft driver insurance on a statewide level, which Paddie said "essentially was the insurance language" from his bill.

On Wednesday, the companies weren't ready to declare HB 2440 dead. Uber spokeswoman Debbee Hancock said "the clock is ticking, but there's still time" for lawmakers to make a last-ditch effort to let the company bypass city restrictions.

The roadblocks Tesla, Uber and Lyft hit this year may look counterintuitive in a state that prides itself on welcoming new business.

"We need to establish a statewide model to encourage innovation, certainly not to stop it," Paddie said. "Not only for folks who are in business today, but folks who may decide to venture into that. Who knows what's coming next?"

Added Hancock: "Fifteen states have already adopted ride-sharing laws, and it would be a shame if Texas failed to do the same." The company has threatened to cease operations in cities and states, including San Antonio and Kansas, that pass regulations they consider too strict."


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## Toby

chi1cabby said:


> *End of the Road for Tesla, Ride-for-Hire Bills
> https://www.texastribune.org/2015/05/14/end-road-tesla-uber-bills/*
> 
> "Ride-for-hire services Uber and Lyft also made a concerted push this session, deploying a fleet of nearly 40 lobbyists between the two companies - most of them for Uber - aiming to block Texas cities from regulating their businesses. The San Francisco-based firms use smartphone apps to connect ride-seekers with freelance drivers using their own vehicles.
> 
> Uber and Lyft threw the bulk of their support behind a measure by state Rep.Chris Paddie, R-Marshall, that would grant them statewide operating permits.House Bill 2440 would strip regulatory power from Texas cities like Houston and San Antonio that have clashed with the companies over standard fare rates, commercial insurance policies and driver background checks.
> 
> The measure limped out of committee in April after taking flak from state and city officials worried about public safetyand cab companies that want Uber and Lyft to face the same regulations they do. It was not scheduled for a vote on the House floor.
> 
> "There's no question it's dead," Paddie said on Wednesday.
> 
> Uber and Lyft's efforts to scrap city ordinances may have stalled in part because of bad timing.
> 
> The week before the House Transportation Committee met to consider Paddie's measure, an Uber driver in Houston was arrested on charges of sexually assaulting a passenger. Houston requires all commercial drivers to pass a city background check and obtain a city-issued permit, but Duncan Burton - who previously served 14 years for drug charges - was driving for Uber without a city permit.
> 
> An Uber representative spent much of that hearing being asked to explain how Burton slipped through the cracks.
> 
> Spokeswoman Sally Kay said that Uber is investigating the incident and that she couldn't comment.
> 
> "That's not really good enough for me," said state Rep. Larry Phillips, R-Sherman. The bill was later changed to let cities require fingerprint scans.
> 
> That wasn't the only case of bad optics at the hearing.
> 
> Several witnesses with physical disabilitiesblasted Paddie's bill for allowing Uber and Lyft to pay an annual fine of $10,000 in lieu of providing wheelchair-accessible services. Taxi service representatives say that's less than the typical cost of adapting a single vehicle for wheelchair access, meaning traditional cab companies required by cities to accommodate disabled customers would bear a steeper cost than companies like Uber and Lyft that could opt out.
> 
> "It's not just folks with disabilities," said Ed Kargbo, president of Yellow Cab Austin. "It's low-income folks. It's folks without access to a smartphone. It's making sure that there's access available to everybody."
> 
> Paddie said he'd consider trying to attach provisions of the bill as amendments to other legislation. The lower chamber passed another measure this week to regulate Uber and Lyft driver insurance on a statewide level, which Paddie said "essentially was the insurance language" from his bill.
> 
> On Wednesday, the companies weren't ready to declare HB 2440 dead. Uber spokeswoman Debbee Hancock said "the clock is ticking, but there's still time" for lawmakers to make a last-ditch effort to let the company bypass city restrictions.
> 
> The roadblocks Tesla, Uber and Lyft hit this year may look counterintuitive in a state that prides itself on welcoming new business.
> 
> "We need to establish a statewide model to encourage innovation, certainly not to stop it," Paddie said. "Not only for folks who are in business today, but folks who may decide to venture into that. Who knows what's coming next?"
> 
> Added Hancock: "Fifteen states have already adopted ride-sharing laws, and it would be a shame if Texas failed to do the same." The company has threatened to cease operations in cities and states, including San Antonio and Kansas, that pass regulations they consider too strict."


It'll be fun to see how much uber donates to the Paddie reelection campaign.

Most news I read about uber is bad news for them, uber's bullying tactics are about done. Government is not going to stand by while uber makes a mockery of safety and insurance regulations and doesn't pay shit in taxes, fees and licensing.

I think the big insurance companies like uber because it gives them an out on a small % of their at fault claims but is still a lot of money. Eventually though, interests will conflict through lawsuits and legislation and the big insurance companies will scoff and salivate at the 50 billion dollar evaluation.

uber took in 1-bil+ investment in feb and about to take 1-bil + more. Why? If uber was making legit money with a 1-bil bankroll, why would they sell off a % of the future unless they are A: Stupid B:Lying C: Plan on making money in stocks D: Wasting money at every turn E: Because they can F:All of the above

I respect what you do here.


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## chi1cabby

H/T to UberNorthStar.

*Texas Governor Signs Rideshare Insurance Legislation*
http://www.pciaa.net/pciwebsite/cms/content/viewpage?sitePageId=41959
*
Texas Law HB 1733 Text:*
ftp://ftp.legis.state.tx.us/bills/84R/billtext/html/house_bills/HB01700_HB01799/HB01733S.htm


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## Txchick

chi1cabby said:


> H/T to UberNorthStar.
> 
> *Texas Governor Signs Rideshare Insurance Legislation*
> http://www.pciaa.net/pciwebsite/cms/content/viewpage?sitePageId=41959
> *
> Texas Law HB 1733 Text:*
> ftp://ftp.legis.state.tx.us/bills/84R/billtext/html/house_bills/HB01700_HB01799/HB01733S.htm


It is needed but don't know how Dallas Uber X drivers will be able to afford that with . 85 cents per mile rates. Texas has little options for insurance while app is on without pax for drivers.


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## JeffB

Tomorrow I'm calling my USAA representative to see if I can turn off the rideshare component of my insurance until OU/UT weekend. I'm not driving for $2.00. If I'm allowed to turn it back on again for that weekend I'll turn it off again until St. Patrick's Day, at which time I will turn it on again for ONE DAY. This latest fare reduction was the final straw. It was nice having Friday and Saturday night for myself again this weekend.


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## Fuzzyelvis

chi1cabby said:


> Uber got a Texas legislator to sponsor a statewide bill that is "Written By Uber, For Uber".
> 
> 1) This bill *Preempts Local TNC regs.*
> 
> Sec.2402.018.CONTROLLING AUTHORITY. Notwithstanding any
> other provision of law, transportation network companies and
> transportation network drivers are governed exclusively by this
> chapter and any rules adopted by the department under this chapter.
> A municipality or other local entity may not:
> (1)impose a tax on, or require a license for, a
> transportation network company or a transportation network driver;
> or
> (2)subject a transportation network company or
> transportation network driver to the municipality's or other local
> entity's rate, entry, operational, or other requirements.
> 
> 2) It leaves Drivers in* Gap Insurance Catch 22.*
> Sec.2402.008.INSURANCE. (a) During the time that a
> transportation network driver is logged into a transportation
> network company's digital network but not providing transportation
> network services, financial responsibility for the driver's
> vehicle must be established as required under Chapter 601,
> Transportation Code, except that the motor vehicle liability
> insurance policy must be an owner's or operator's policy that is
> issued by:
> (1)an insurance company authorized to write motor
> vehicle liability insurance in this state; or
> (2)a surplus lines insurer under Chapter 981,
> Insurance Code.
> (b)The requirements of Subsection (a) may be satisfied by a
> combination of insurance policies maintained by the transportation
> network company or transportation network driver, *including a motor*
> *vehicle liability insurance policy that provides coverage in the*
> * event the driver's policy excludes coverage according to its terms.*
> 
> 3) The bill absolves Uber of responsibility to *Provide Wheelchair Accessible Transportation *by paying upto $10,000 annually.
> Sec.2402.015.ACCESSIBLE TRANSPORTATION; SURCHARGE. (a)
> The department may impose a fee, not to exceed $10,000 annually, on
> transportation network companies, taxicab companies, and limousine
> and other for-hire vehicle companies that do not provide
> wheelchair-accessible service and deposit the fees into an account
> in the general revenue fund to provide grants to transportation
> network companies, taxicab companies, and limousine and other
> for-hire vehicle companies that provide wheelchair-accessible
> service.


I'm wondering what that first part quoted means as far as the 2% city of Houston TX and my commercial tnc drivers license and vehicle permit issued by the city.

Am I missing something or will those be obsolete?


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## chi1cabby

Fuzzyelvis said:


> I'm wondering what that first part quoted means as far as the 2% city of Houston TX and my commercial tnc drivers license and vehicle permit issued by the city.


HB 2440 didn't pass so Houston regs are still valid. 
But this insurance Bill passed and becomes effective on 01/01/16


chi1cabby said:


> *Texas Governor Signs Rideshare Insurance Legislation*
> http://www.pciaa.net/pciwebsite/cms/content/viewpage?sitePageId=41959


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## Ziggy

chi1cabby ... unfortunately, HB1733 ... falls short ... insofar as it does not require drivers to provide proof of "Gap" insurance until they've gotten into an accident. And to date, Uber hasn't asked a single driver if they have gap coverage, let alone provide proof. I've had Gap coverage since May and prior to that I had commercial livery insurance ... but I would argue that 99% of the drivers I talk to don't have either CLL or Gap and most have no intention of getting it ... so it will be business as usual until someone gets hurt or killed and the odds are against the driver having gap insurance.


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## chi1cabby

Ziggy said:


> unfortunately, HB1733 ... falls short ... insofar as it does not require drivers to provide proof of "Gap" insurance until they've gotten into an accident. And to date, Uber hasn't asked a single driver if they have gap coverage, let alone provide proof.


I'm hoping that starting on 01/01/16, Uber itself will provide Primary Gap Insurance Coverage to Texas Drivers as it did following California Law AB 2293:
https://uberpeople.net/threads/edit...ce-farmers-insurance.21345/page-2#post-319014

But I've not compared the exact language of HB 1733 & California AB 2293:
https://uberpeople.net/threads/edited-california-gap-insurance-farmers-insurance.21345/#post-305744


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## NvS

chi1cabby said:


> I'm hoping that starting on 01/01/16, Uber itself will provide Primary Gap Insurance Coverage to Texas Drivers as it did following California Law AB 2293:
> https://uberpeople.net/threads/edit...ce-farmers-insurance.21345/page-2#post-319014
> 
> But I've not compared the exact language of HB 1733 & California AB 2293:
> https://uberpeople.net/threads/edited-california-gap-insurance-farmers-insurance.21345/#post-305744


 I sent an email to my local uber support team asking about the new ins requirements and uber's plan to address them. I received no response.
I then went to uber chat and asked the same questions, here is their response:
Al Royce
Customer support

Breck
Hello, I am trying to find info on the new insurance requirements for the state of Texas. I emailed my local support center and didn't receive a reply.
I am wondering ig Uber has any plans of extending their insurance to cover period 1 app on no passengers insurance gap? I know this is something that was done in California and hope it will be done here in Texas. Their are only 2 insurance companies that offer gap insurance polices for drivers. They are both prohibitively costly, more than doubling my current insurance rates. IE: I currently pay 879. a year for 2 vehicles with full coverage, I possess good credit and a solid driving record. a quote from Geico for a single vwhicle is 1697 for a year. Thats only 1 car, I will be forced to stop driving if I have to purchase that kind of insurance.
Chat started
Al Royce joined the chat
Al Royce
Hi! My name is Royce, thanks for reaching out to chat with us. One moment please while I review your concern/ concerns.
Thanks for waiting. Generally, Uber does not have any specific information for insurance policies for any city.
Any details with regard to this should be directed to the insurance companies.
Breck
I guess you misunderstood my question
Al Royce
I totally understand your concern.
Breck
I know what the Insurance companies offer, are you aware of the new law that went into effect on Jan 1st requiring tNC drivers to carry additional insurance in the state of texas?
Does uber have any plans to extend their commercial insurance coverage to cover the gap that the law is designed to fix?
As they did in California when they passed a similar law
Al Royce
As much as I would want to provide information, I believe our specialized team can further discuss this with you as they have a wider scope of resource with regard to insurance.
I can forward you to a specialist that will reach out via email if you wish.
They are more capable of providing you with updated information.
Breck
Yes definitely, this affects my income. And I feel like Uber isn't being forthcoming on the issue
Al Royce
Just a heads up. I can do that for you after we close this chat.
I will note all details that you've shared.
I will do my best to have a representative reach out to you within the day.
Breck
so i need to close chat, and then you will have someone contact me?
Al Royce
That's correct.

Currently waiting for the "reachout"


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## chi1cabby

NvS could you please post your chat in this thread
*Texas | Ridesharing Drivers Now Looking For Insurance to Comply with New Law*

I've posted excerpts from HB 1733 in that thread.

Thank you!


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