Folks, I expect one day to find that the database collecting membership applications for this Association to be overwhelmed by an abundance of new applications. And, it will likely happen in the near future. But, by then we will have already realized the damage done and not be able to defend ourselves. Then try as we may, the fact that we are not as yet prepared will cost us severely. This is the burden you have left me to face by trying to help you all.
You see, I have lived this reality before. I know from experience that in the immediate future, we are going to need an Association Representative to stop an act being done that can cost us all dramatically. Utah, is such a situation. Do you want to know why nothing can be done relative to SB0294 in Utah? Nothing can be done because we cannot represent Utah without a membership from Utah and a Representative in our own house to deal with the situation in Utah. The wording for UTAH SB0294 is specific to the compensation the driver is entitled to earn for doing his job: From the CHAPTER 51. TRANSPORTATION NETWORK COMPANY REGISTRATION ACT
Line #103 (c) receives, in exchange for providing a passenger a ride, compensation that exceeds the individual’s cost to provide the ride.
p align=”left”>While you think about that, let’s discuss some of the other provisions of this Bill.
(4) A transportation network driver may not, while providing transportation networkservices: (a) provide a ride to an individual who requests the ride by a means other than a transportation network company’s software application;(b) solicit or accept cash payments from a passenger; or (c) accept any means of payment other than payment through a transportation network company’s software application.
Uber has already lied to the public by telling the riders that they were not required to tip as the tip was already factored into the fares charged. Now when it appears as though the Courts are going to tell Uber that the drivers can receive tips from riders, Uber has found a way to prevent the Driver from receiving such tips unless it goes through Uber’s hands first. How much you want to bet that Uber will take a percentage of any drivers tips received?
Both of the preceding excerpts have to do with payment to the TNC Driver. Why haven’t TNC Drivers been included it the compilation of this Senate Bill? Believe it or not, it is not the Senates fault that drivers have not been included. The fault falls entirely upon the Drivers themselves, because the drivers fail to unify and elect a representative to speak in their behalf. Yes, the involved Senators could have taken action to ensure the Bill fair to drivers, but other to their own district the Senators are not obligated to do so, or are they. That is a topic for additional discussion. Regardless, if the drivers do not care enough about the issues at hand to take action to participate in the process to resolve the issue, that is the negligence of the driver him/herself.
There is no doubt that at some time in the future rates for all of the UTAH TNC Drivers will be reduced to a ridiculous level just barely covering the drivers expense for the transport of the rider and the harm that befalls the UTAH TNC Driver will be deemed the drivers negligence, absolving the TNC Companies of any wrong-doing who in turn will take their money to the bank. Drivers for the TNC Companies tend to believe that as Independent Contractors they have no rights under State Labor Laws, of which they have very little. The Independent contractor’s rights are all written into the contract for which they are hired. And much like the Bill discussed above, if the Independent Contractor fails to take the necessary action to seek rights compiled within their contract, it is the failure of Independent Contractors themselves that allows this negligence to exist.
Somewhere down the road, the reality of the negligence demonstrated by the Drivers in this situation will likely reach historic record. Never in the history of the United States has a group so large (Over 162,000 drivers nation-wide) failed to stand up for themselves. The TNC Drivers will likely carry that shame as a lesson to be learned by Business Students uses them as an example as part of the class studies.
As for UTAH SB0294, the wording in that bill will allow the TNC Companies to reduce rates for drivers to as low as what it actually costs the driver to transport the rider, plus $0.01. The rates may never reach tha low for UTAH TNC Drivers . . . But today the law has been written allowing it to happen and it all be legal. And, it will happen because 162,000 grown men and women failed to defend themselves by simply unifying to elect a representative to speak for them.