“We have established the regulations necessary to ensure public safety and consumer protection; however, we also want these services to operate in the District without artificial obstacles in their path,” added Cheh.
The council vote was 12 to 1 with Councilmember Jim Graham (D-Ward 1). The measure will now be sent to Mayor Vincent Gray for his signature.
The companies have largely supported the legislation, which has been criticized by D.C. taxi drivers and companies as unfair because individuals who drive for uberX, Lyft and Sidecar don’t have to meet the same licensing requirements as regular cab drivers. Hundreds of drivers staged a protest in front of the Wilson Building Tuesday morning to protest the council’s action. Ron Linton, chairman of the D.C. Taxicab Commission also opposed the legislation raising concerns about whether it did enough to ensure passenger safety.
Among the provisions in the bill: Drivers must be 21 years old, and must successfully pass a criminal background check, sex offender database check, and driving history check.
The measure would require the app-based services to provide primary insurance coverage “of at least $1 million per occurrence for accidents” from the time a driver accepts a call until the passenger exits the car. At other times — such as when the driver is waiting to be booked — the driver or the service would be required to provide coverage. Many services have already moved to expand insurance coverage after gaps were revealed following the death of a six-year-old San Francisco girl who was struck and killed by an Uber driver. Uber this year began offering primary insurance coverage from the time a driver accepts a call to when the passenger is dropped off.
The companies must also register with the D.C. Taxicab Commission, which will be tasked with enforcing the regulations. Vehicles used by services such as uberX, Lyft and Sidecar would also be required to undergo yearly inspections.
“The DC bill is not a model — it’s a step backwards,” said Dave Sutton, spokesman for the ‘Who’s Driving You?’ campaign, sponsored by the Rockville-based Taxicab, Limousine & Paratransit Association. He said his association continues to have concerns about insurance coverage and whether passengers will be protected if there’s an accident.
In addition, he said, district attorneys in San Francisco and Los Angeles have questioned whether the background checks done by the companies are thorough.
In an e-mail statement, Uber said: “With this legislation, DC has become a trailblazer in the transportation industry by embracing innovation, supporting consumer choice and empowering small business owners.”
The measure wasn’t all about uberX, Lyft and Sidecar though. The bill loosened restrictions on residency requirements for D.C. taxi drivers, who may now reside anywhere within D.C., Maryland and Virginia. It also gives taxis that are summoned via an app an ability to adjust their prices in a way similar to the “surge pricing” model used by some of the app-based services.