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December 11, 2014

Baker likely to inherit ride-for-hire bill

Gov. Deval Patrick's late-term push to regulate alternative taxi services such as Uber and Lyft may need an assist from the next governor, with legislative leaders raising issues unaddressed by the administration's proposal and top House and Senate Democrats suggesting action is unlikely before Patrick leaves office.

Patrick has proposed new regulations that would subject the popular transportation services to state oversight, and his administration plans to file legislation to give authority to the Department of Public Utilities to enforce the new rules.

"I think the regulations are a good idea. The timing may be, no pun intended, a heavy lift," said Rep. William Straus, a Mattapoisett Democrat and House chair of the Transportation Committee.

Uber and Lyft, which allow users to book rides in town cars and other vehicles through their smartphones, have come under scrutiny in Massachusetts and around the country over public safety concerns, and the taxi industry opposes their ability to operate unregulated in cities like Boston.

But the administration's last ditch attempt to enforce new safety and insurance rules for Uber and Lyft drivers could be just the tip of the issue for lawmakers.

"I think that in order to provide an assurance to the public about how the operation is run from a safety and insurance standpoint, the idea of the regulations is appropriate," Straus said. "I do know from my own perspective there are other issues with Uber that might come into play next session in the areas of data privacy."

Draft regulations that will be the subject of a Dec. 31 hearing held by the Department of Transportation would require drivers to be 21 with a valid driver's license and proof of personal motor vehicle insurance.

The transportation networks would also be required to have "appropriate liability insurance," and cars would be prohibited from picking up passengers on the sidewalk that had not scheduled a ride through their smartphones with a specified pick-up and drop-off location. Drivers would also be subjected to criminal background checks, and prohibited from driving for a service if they have certain crimes on their record, or a history of traffic violations.

Without commenting on the specifics of the plan, Governor-elect Charlie Baker said he was open to the governor's effort. Even if the regulations are approved, Baker or another lawmaker may have to file a bill in the next session to given enforcement authority to the DPU or another agency.

Patrick's proposal would empower the state to assume the oversight of ride-sharing outfits like Uber, while the regulation of taxi services has traditionally been the domain of cities and towns.

Taxi industry advocates said the proposed regulations left unanswered questions about insurance for the vehicles used to transport passengers, and questioned why Patrick would make such a late effort to legitimize companies they say are operating in violation of state rules.

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