Legal Trend: Ride Share Drivers Employees or Independent Contractors

Lyft has been fighting a law suit over whether its drivers are employees or indpendent contractors. This determination is crucial to determine how much liability Lyft may have if something bad happens or in reimbursing its drivers for  expenses.

A San Fracnisco judge denied summary judgment motions and ruled that a jury should determine whther the ride share drivers are employees or independent contractors.

WallStreet Journal

32 Ways (Bills) to Control, End or Stop Toll Roads

Since the times of yesteryear ,and the Trans Texas Corridor, toll roads have fallen out of favor. As of 48 hours before bill filing deadline, there are 32 ways to stop tolls, stop enforcing certain tolls, or remove authority from toll roads.

How to chip away at or eliminate toll roads:

  • No eminent Domain Authority for Tolls
    • HB 565
    • HB 1004
    • HB 2619
    • SB 444
    • SB 938
  • Sunset/ More Transperancy for Tolls
    • HB 572
    • HB 2620
    • SB 939
    • SB 1046
  • Make Tolls Do More Work
    • HB 790 Noise Abtements
    • HB 1394/ SB 557Require advisory committees when tolls enter new lands
    • HB 1837 increase the vote threshold for approval to 3/5
    • HB 2549, HB 3108 make it harder to collect unpaid tolls
    • SB 57 data security
  • Limit / Cease their revenue
    • HB 1350
    • HB 1734
    • HB 1834
    • HB 2273
    • HB 2427
    • HB 2611
    • SB 1182
    • SJR 43
  • Limit/Stop Tolled Lanes
    • HB 1835 no lane conversions
    • HB 1838 toll the bell for toll roads
    • HB 2612
    • SB 485
    • SB 937
    • SB 1238
    • SB 1240

Update: More Bills on Self Driving Cars

Senator Ellis has filed SB 1167. He creates a pilot program to allow for testing of self driving cars in Texas.

Under his pilot, certain people, that get a self driving car designation for their drivers license, and are either:

  •  DPS
  • TXDOT
  • self driving car manufacturers OR
  •  self driving car upfitters

will be permitted to test drive the cars of the future in Texas.

Previously on Information Intelligence:

Leading the pack with HB 933, Guillen throws Texas hat into the ring for testing self driving cars and creates a border security pilot program. 

Here’s what else has happened with self-driving car regulations throughout the US:

 

 

Lege Trend: Treating Ride Share Drivers Like Taxi Drivers

A legislative move in California is seeking to level the playing field between ride share drivers and taxi drivers. The bill died in committee last session. 

This sessions’s Assembly Bill 24 “requires amateur drivers to submit to drug and alcohol testing, undergo criminal background checks overseen by the California Department of Justice and enroll in a Department of Motor Vehicles program alerting employers after DUI arrests.”

 

Cities & States Can Require Local Workers for Federally Funded Transportation Projects

US DOT is allowing cities and states to require that local workers are utilized on transportation projects which receive federal funding. 

U.S. Transportation Secretary Anthony Foxx announced the beginning of the pilot program this week. The one-year pilot program only applies to transportation funding received from the Federal Highway Administration and the Federal Transit Administration.

Governing

Uber Update: New Ride Share Regulations on the Agenda for San Antonio

After passing restrictive local regulations that could cease Uber, Lyft, and ride share operations. San Antonio is proposing revisions that, if approved Thursday, would:

  • strip away insurance requirements
    • no longer require excess coverage of $2000,000 when the driver has no rider 
    • maintains commercial liability coverage at $1 million when there is a rider in the car
    • no longer requires an additional $1 million in coverage for uninsured or underinsured motorists
    • no longer requires $50,000 in comprehensive collision coverage
  • ease the permitting process
    • random drug testing for ride share drivers
    • drivers will not have to prove English proficiency
    • drivers will not be required to have a fire extinguisher
    • in lieu of drivers meeting with police in person, ride share companies will vouch that their drivers have complied
    • drivers can begin once they pass the ride share company’s background check
      • for full permitting, within 14 days, the driver must pass the city’s background check
  • reconfiguring the fees the companies would pay to operate
    • fees will be assessed by size of ride share company
    • $625 for up to 10 drivers to $25,000 for more than 300 drivers

San Antonio Express News

34 Transportation Funding Options for Texas. Corresponding Revenue Included.

Courtesy of the new LBB report that examines 34 transportation funding options:

  • Redirect Motor Vehicle Sales and Use Tax
    • $332.2M-$1,229.,5M to State Highway Fund (SHF)
  • Redirect Motor Vehicle Rental Tax
    • $30.8-$80.3M to SHF
  • Redirect Revenue from the Automotive Oil Sales Fee
    • $20.3M to SH
  • Rededicate a portion of the battery sales fee to transportation
    • $12.1M to SHF
  • Redirect & Increase the New Resident Use Tax
    • $50.6M to SHF
  • Implement a Vehicle Miles Traveled Tax
    • $380M to SHF
  • Index Motor Fuels Tax to Vehicle Fuel Economy
    • $343.1M to SHF & $114.4 to Available School Fund (ASF)
  • Index Motor Fuels Tax to Average Wholesale Price of Fuel
    •  $22M to SHF & $74M to ASF
  • Index Motor Fuels Tax to Producer Price Index
    • $156.4M to SHF & $52.1M to ASF
  • Index Motor Fuels Tax to Consumer Price Index
    • $142.5M to SHF and $47.5M to ASF
  • Increases Motor Fuels Tax, for each 1cent increase revenue of
    • $253.5M to SHF & $84.5M to ASF
  • Apply Motor Fuels Tax to Fuel Used to Propel Rail Cars
    • $193.1M to Rail Relocation & Improvement Fund
  • Increase Liquified & Compressed National Gas Tac and Diesel Fuel Tax Based on Energy Content:
    • $125.1M to SHF & $41.2M to ASF
  • Repeal Motor Fuels Tax Exemptions
    • $78.8M to SHF
  • Decrease Motor Fuel Tax Collection Allowance
    • %1.1M to SHF & $17.1 to ASF
  • Redirect Revenue from Certain Special Vehicle Permits
    • $54.5M to SHF
  • Index Motor Vehicle Registration to Fuel Efficiency
    • $868.1M to SHF
  • Increase Motor Vehicle Registration Fee by $5
    • $249.M to SHF
  • Index Vehicle Registration Fees to Standard Presumptive Value
    • Cannot Be Determined
  • Scale Vehicle Registration Fees to Vehicle Emissions
    • Cannot Be Determined
  • Expand the Delinquency Penalty for Late Vehicle Registrations
    • Cannot Be Determined
  • Establish an Inefficient Vehicle $100 Surcharge Fee
    • $115.3M to SHF
  • Establish an annual  Vehicle Equalization Fee of $100 on vehicles not powered by motor fuels & $50 fee on hybrids
    • $25.2M to SHF
  • Establish a Fee on Electric Vehicle Charging Stations
    • $1.8-$5.1M to SHF
  • Eliminate SHF appropriations to agencies other than TXDOT
    • $1,329.7M to SHF
  • Increase the Vehicle Certificate of Title Fee 
    • $98.8M -$118.7M to SHF
  • Generate Revenue from State Ferry Operations
    • $95M to SHF
  • Increase Drivers License Fee to $36, Occupations License to $25, Commercial License to $90 and duplicate license fee to $15
    • $80.2M to Texas Mobility Fund (TxMF)
  • Increase the Motor Vehicle Safety Inspection Fee by $1.5 annually and by $4.25 for 2 year inspections
    • 62.1M to TxMF
  • Adjust Highway Maintenance Fee to include distance traveled
    • $6.5M to SHF
  • Generate Revenue from Advertising
    • Cannot Be Determined
  • Remove the Motor Vehicle Sales and use Tax Exemption on Hydrogen Powered Vehicles
    • No Signifiant Fund Increase
  • Establish Impact Fees to Fund Transportation
    • Cannot Be Determined

AG Opinion: 6 Things to Know about Transportation Reinvestment Zones

Attorney General Opinion, KP-004, tells us without a constitutional amendment, a county probably cannot:

  • Create a County Energy Transportation Reinvestment Zone
  • Create a County Transportation Reinvestment Zone
  • Create a County Tax Increment Reinvestment Zone

The AG rational is that:

  • Article VIII, Section 1(a) doesn’t permit counties to create these zones
  • Because the Constitution requires taxation to be equal and uniform
  • And, a county reinvestment zone would treat property inside the zone and outside the zone differently

Toll Free Texas. 10 Bill Package.

  • HB 856 (Sanford) Requiring that regional transportation planning organizations stream and archive videos of their meetings on their publicly accessible website
  • HB 1834 (Sanford)  Requiring a County Commissioner Court resolution of approval for toll projects. Further requires toll roads be paid in full within 20 years and that the toll road transition into a non-toll road
  • HB 1835 (Sanford)  Prohibiting the conversion of current free lanes  to toll lanes
  • HB 1836 (Sanford)  Directs 10% of sales taxes to be utilized for the construction and maintenance of non-toll highways
  • HB1837 (Sanford)  Requires 3/5 approval of commissioners court for all toll road study, design, and construction 
  • HB 1838 (Sanford) Requires that all current toll roads become free roadways within 30 years
  • HB 1734 (Shaheen) Cessation of tolls
  • HB 1183 (Shaheen) Requiring CDAs obtain county commissioner approval for any new toll project 
  • HB 202  (Leach) Dedicating 1/2 of the motor vehicle sales tax to the State Highway Fund for maintenance and construction of non-tolled roadways  
  • HB 203 (Leach) Dedicating auto parts sales tax to the State Highway Fund for  maintenance & construction of non-tolled roadways. 

Texas Turf  Leach Sanford Shaheen Press Release