POR 2019-186
Asked the City Manager to instruct the City Solicitor to work with the local taxi industry and other interested parties to prepare a Home Rule Petition for the City Council to submit to the State Legislature that would address Cambridge-specific issues and give the City Council the ability to ensure TNCs operate in a safe and responsible manner
View the roll call
Present and voting at this meeting (8)
Alanna Mallon
Dennis Carlone
E. Denise Simmons
Jan Devereux
Marc McGovern
Quinton Zondervan
Sumbul Siddiqui
Timothy J. Toomey
The number of TNC vehicles continues to overwhelm the City of Cambridge where congestion and safety have become major issues. The approval of the proposed Home Rule Petition will provide the authority to City of Cambridge to regulate and enforce regulations over TNC drivers/vehicles to address issues that are specific to Cambridge.
Summary of Proposed Home Rule Petition
Current law to be amended for Cambridge’s Home Rule Petition. Amendments are related to safety and liability:
1) Chapter 159A ½ Section 2 (b) All vehicles picking up and dropping off riders in Cambridge are required to have additional vehicle markings (ie. bumper sticker with designated number and mounting of distinct rooftop light to be visible from all sides).
2) Chapter 159A ½ Section 2 (f) As of April 1, 2019, all TNC vehicles require a TNC inspection to be performed at the same time as the MA annual emissions testing. Only vehicles that have completed this TNC inspection will be allowed to pick up in the City of Cambridge. A separate inspection sticker to be provided by the Inspection Station through the Registry of Motor Vehicles. This sticker is to be placed in the front windshield above the MA annual emissions inspection sticker.
3) Chapter 159A ½ Section 4 (b) (ii) All vehicles picking up riders in Cambridge are required to be registered in the Commonwealth of MA (out of state vehicles will not be allowed to pick up).
4) Chapter 159A ½ Section 4 (b) (iv) and Chapter 175 Section 228 All vehicles picking up riders in Cambridge are required to provide to TNC proof of rideshare insurance endorsement to their personal auto policy on an annual basis (there is a gap in insurance coverage while the app is turned on and waiting for a ride request. Rideshare endorsement covers this gap and can be secured with personal auto policy).
Detail Amendments related to Home Rule Petition
1. Chapter 159A ½ Section 2 (b) The intent for this amendment is to allow the City of Cambridge to require all vehicles picking up and dropping off riders in the City of Cambridge additional vehicle markings to be provided by the City of Cambridge or DPU in order to protect unsuspecting riders from fake TNC vehicles/drivers and bicyclists from TNC vehicle doors immediately opening after stopped in bike lanes. Additional vehicle markings will include a bumper sign with a designated number (to be placed on back passenger side bumper) In addition, a top light is required for all vehicles picking up and dropping off within the city limits.
Proposed Chapter 159A ½ Section 2 (b) for Home Rule Petition-
(b) In consultation with the registry of motor vehicles, the division shall provide for the establishment of removable decals to be issued by transportation network companies, in a form and manner prescribed by the division, to transportation network drivers to designate a vehicle as a transportation network vehicle for law enforcement and public safety purposes. The decal shall be applied to both the front and back panels of a vehicle at all times while the vehicle is providing transportation network services.
A transportation network driver who provides transportation network services using the digital network of more than 1 transportation network company shall display the respective decals for each transportation network company while the vehicle is providing transportation network services.
A transportation network driver who ceases to be certified to provide transportation network services for any reason shall return the decal within 14 days of that cessation to the respective transportation network company in the manner and form prescribed by the division. All vehicles picking up and dropping off riders in the City of Cambridge require additional vehicle markings (back passenger side bumper with designated number and rooftop light to be visible from all sides)
2. Chapter 159A ½ Section 2 (f) The intent for this amendment is to allow the City of Cambridge to require all TNC vehicles registered in MA to obtain a TNC vehicle inspection at the driver’s next annual emissions testing or within one month of obtaining transportation network driver certificate, whichever comes first.
Proposed Chapter 159A ½ Section 2 (f) for Home Rule Petition-
(f) In consultation with state police, local law enforcement and the registry of motor vehicles, the division shall ensure the safety and annual inspection of transportation network vehicles, including a transportation network vehicle inspection pursuant to section 7A of chapter 90. A transportation network driver shall obtain a transportation network vehicle inspection at the driver's next annual emissions testing or within 12 months of obtaining a transportation network driver certificate, whichever comes first.
For vehicles picking up riders in the City of Cambridge, Transportation network driver shall obtain a transportation network vehicle inspection at the driver's next annual emissions testing or within one month of obtaining a transportation network driver certificate, whichever comes first.
3. Chapter 159A ½ Section 4 (b) (ii) The intent for this amendment to Section 4 (b) (ii) is to allow the City of Cambridge to require all vehicles picking up passengers in the City of Cambridge to be registered in the Commonwealth of Massachusetts only.
Proposed Chapter 159A ½ Section 4 (b) (ii) for Home Rule Petition-
(ii) has access to a vehicle that has been registered in the commonwealth and inspected pursuant to section 7A of chapter 90 and regulations promulgated under said section 7A of said section 90 at a facility licensed by the registry of motor vehicles; or has access to a vehicle that has been registered in another state, and the vehicle complies with the inspection requirement of the state where the vehicle is registered, except for all vehicles picking up riders in the City of Cambridge where vehicles registered in another state are not allowed to pick up riders.
4. Chapter 159A ½ Section 4 (b) (iv) and Chapter 175 Section 228 The intent for this amendment to Section 4 (b) (iv) is to allow the City of Cambridge to require all TNC drivers that want to pick up riders in the City of Cambridge to provide proof of a rideshare endorsement to their personal auto policy. Typically, TNCs, like Uber and Lyft, offer insurance protection once a driver logs into the app, but coverage is limited until a ride request has been accepted. A driver’s personal policy will usually have coverage exclusions during this period 1 as well. Rideshare insurance can fill these gaps in coverage.
Proposed Chapter 159A ½ Section 4 (b) (iv) for Home Rule Petition-