Public Discourse: Consistent Regulations for Safety: The Reason Behind Uniform Protection Policies
In the realm of public transportation, more than 100 million annual trips are provided through third-party operators working in partnership with transit agencies. However, these operators may not be held to the same safety rules as traditional transit systems, raising concerns about public safety, public dollars, and public trust.
The Federal Transit Administration (FTA) has proposed a clarification aiming to modernize an outdated rule and close the gap created by the "taxicab exemption". This exemption, established in 1994, allows transit agencies to contract with multiple taxi companies without subjecting those drivers to FTA drug and alcohol testing. The exemption is sometimes applied to broader contracted services, including app-based platforms, on-demand mobility solutions, and other innovative models that functionally resemble transit.
Older adults and people with disabilities, who often rely on these services, are at a higher risk due to increased need for assistance and potential impairments that may make them less able to recognize an intoxicated driver. In the United States, transit agencies and third-party providers who receive public funds to provide passenger transportation but are not subject to binding drug and alcohol testing under FTA regulations generally include entities operating outside the definition of safety-sensitive functions as defined by the FTA.
The FTA's proposed clarification aims to close the gap created by the exemption, ensuring public safety expectations are met for services that are publicly funded. The proposed standards should be easy to verify, simple to implement, and able to evolve alongside technology. They should not have special carve-outs based on provider type. This includes both employees and independent contractors who operate, dispatch, or maintain revenue service vehicles.
One example of a company adhering to these standards is SilverRide, launched more than a decade ago with a focus on safety for older adults and people with disabilities. SilverRide ensures that all its drivers pass Level II background checks, complete drug and alcohol testing, and have robust credentialing before serving a rider on their platform, even though they are independent contractors.
Transit agencies must lead in shaping the solution, but providers and regulators must work together to modernize an outdated rule. The consistency of rules should not depend on the platform used to book the ride or the provider. Equitable, transparent, efficient, and adaptable standards are needed for public mobility services to build trust and ensure safety. Today, not all riders are equally protected, even when public dollars fund the trip.
In conclusion, the modernization of transit rules is crucial to ensuring the safety and trust of the millions of riders who rely on public transportation each year. The FTA's proposed clarification is a step in the right direction towards closing the gap created by the "taxicab exemption" and ensuring that public safety expectations are met for services that are publicly funded.
