U B ERNovember 23, 2016 Q^f ^ WINDSOR

COUNCIL SERVICESCity of Windsor ^ g^ 9^350 City Hall Square W. ny

N9A'6si"" RECEIVED

Dear ETPS Standing Committee Member,

RE: TAXI STUDY REPORT & TRANSPORTATION NETWORK COMPANIES / UBER

In response to the Vets Cab submission, I provide the attached response (also sent yesterday

via email).

With respect to the Taxi Study Report by staff scheduled for consideration at the ETPS Standing

Committee meeting today, I reiterate:

• On behalf of Uber Canada, I support the staff recommendations made to regulate

Transportation Network Companies (TNCs) like Uber.

• Councillors will have another opportunity to review the staff recommendations in the form

of a draft bylaw. Staff will prepare the draft bylaw based on input by Committee and

Council. The draft bylaw will come before Committee and Council again I understand

early in 2017.

• I would be happy to meet with you in person in Windsor this week (Nov. 21-23) at your

convenience or speak with you by phone about this correspondence in advance of

Committee at 430pm on Nov. 23rd. I can be reached by phone at 647-389-8052 or email

at chris. schafer®.uber.com.

Sincerely,

Chris SchaferPublic Policy Manager

chris. schafer(a)uber.com

Uber Canada

UBER

Vet Cabs Submission

1. All Drivers should applyfor licence in person withCity of Windsor

2. Vulnerable SectorCriminal Record Checkshould be a requirement forall drivers and submitted tothe City.

Uber Response

Online licence application processes have been adopted by allother Ontario cities that have recently passed bylawsrecognizing ridesharing/Uber (Toronto, Ottawa, WaterlooRegion, Niagara Region) that allow for Transportation NetworkCompanies (TNCs/Uber) to be licensed. Windsor city staff aresupportive of this model.

Under the model, the TNC/Uber is licensed and prospectivedrivers apply to drive with Uber through Uber by confirmingidentity through credit check type processes, and supplying arange of documentation (driver's licence, etc.).

Uber can only permit drivers to drive on the Uber platform thatmeet the strict requirements of the proposed Windsor bylaw.The City of Windsor supports this model and ensurescompliance under it through data sharing obligations andaudits. A TNC that fails to fulfil compliance related bylawrequirements risks substantial fines and loss of its TNC licenceto operate.

The ridesharing business model is different from taxi. MostUber drivers drive less than 10 hours a week. For many, Uberis an income supplement and not a full-time job. As such,requiring prospective Uber drivers to come down to City Hall isboth challenging for them (they have other jobs) when modernonline processes facilitate the same outcome as moretraditional application methods.

Cities that have passed bylaws recently to address ridesharinghave allowed for third party record checks completed by anOntario police service. Windsor city staff are supportive.

The process ridesharing companies use as supported byWindsor city staff:

• Uber has a zero tolerance threshold for criminalconvictions on the Uber platform.

• Check initiated online by prospective driver and checkdone of local police databases by Ontario Cobourgpolice with result delivered to Uber through 3rd partyintermediary (background check vendor).

• Cobourg Police Service searches the NationalRepository of Criminal Records and the PoliceInformation Portal (PIP) and Firearms Interest Police

UBER

3. A Photo !D Card shouldbe issued by the city for allclasses of drivers.

4. Plate Holder Fees for allClasses Taxi, Livery andX-Class should be the sameat $250.

8. The taxi training andenglish languageassessment should be

(FIP) databases which contains local policeinformation.

• If there is no criminal history, the prospective Uberdriver-partner passes this stage. If there is a criminalhistory, they are ineligible to drive with Uber. If there isa "concern", perhaps from a Date of Birth and Name

match in a police database, Uber requires thatprospective driver to go in-person to a local Windsorpolice station to be fingerprinted.

A photo ID card is unnecessary in 2016. The Uberdriver-partner smartphone app (that bylaw enforcement hasaccess to) contains a photo of the driver, name, driver'slicence, car make and model, etc., in addition to pertinentdocumentation: ridesharing insurance "pink slip".

Note:• When an Uber passenger requests a ride, they get the

driver's name, photo, licence plate, and vehicle make

and model, before getting into the Uber vehicle.• Uber passengers can anonymously contact the driver

by phone or text prior to entering the vehicle. Uber'stechnology scrambles numbers for privacy.

• Uber passengers can share above details in real-time,including live GPS route mapping, with friends/family atthe touch of a button while on an Uber trip.

• Historical trip information above is stored in the driver

and passenger apps.

An annual fee + per trip fee model for Transportation NetworkCompanies (TNCs) has been adopted in recent bylaws acrossCanada including Toronto, Ottawa, Niagara Region, andWaterloo Region.

Uber supports the Windsor staff recommendation that providesan additional way for the City to collect fees beyond thetraditional manner of fee collection. Windsor is recommendingthe following:

• $30,000 annual fee + $0.11 per trip fee

Windsor city staff have indicated that this fee structure willensure the City recoups the costs of regulatory compliance.Uber agrees based on its current and future trip projections.

Windsor city staff are recommending TNCs/Uber and taxibrokers provide training to drivers without an Englishassessment requirement. This is consistent with recent bylaws

UBER

replaced with the successfulcompletion of the TLPAdriver coarse administeredby the broker.

12. Security Camerasshould be selected by carowner, removing restriction

for who can view and utilizethe information recorded butstill making it available toCity bylaw and LawEnforcement.

15. All X-class vehicleapplications should be madein person to the City ofWindsor by an individualvehicle owner. X-class

vehicle applications shouldbe restricted to individual

passed to date in cities across Ontario including Toronto,Ottawa, Waterloo Region, Niagara Region that allowTNCs/Uber/brokers to train drivers.

Beyond the driver related training Uber already provides:• Uber Driver ratings provided by Uber passengers and

real-time written feedback on customer service in appallows customers and Uber to apply effective customerservice "discipline" in real-time around the clock on

every day of the year.

Windsor city staff have recommended that cameras not berequired in Uber vehicles:

• No city globally including Canadian cities have requiredcameras in private for hire vehicles (Uber) in theirbylaws.

• Cities like Toronto, Ottawa, and Waterloo Region haveincluded the issue of cameras in a report back oneyear after new by-law in full force and effect to enabletime for further study post bylaw implementation.

• In most old taxi bylaws, cities have required taxis tohave cameras because taxi drivers carry cash, and taxipassengers are anonymous. Most old taxi bylaws havenot required limos to have cameras as trips arepre-arranged.

Reasons why other cities in Canada have decided private forhire vehicles (Uber) do not require cameras:

• Uber trips pre-arranged. No anonymity in Ubervehicles. GPS monitoring.

• "Share Location" from Uber app with contact: Ride canshare trip details + live GPS routing with loved ones.

• Driver ratings & real-time feedback in app, respondedto by Uber24 hours.

• Uber has 24/7 support + Emergency Response Team+ Law Enforcement Response Team.

• Uber works with law enforcement to support productionorders and data sharing (GPS trip data, etc.) tofacilitate police investigations/prosecutions.

Online licence application processes have been adopted by allother Ontario cities that have recently passed bylawsrecognizing ridesharing/Uber (Toronto, Ottawa, WaterlooRegion, Niagara Region) that allow for Transportation NetworkCompanies (TNCs/Uber) to be licensed. Windsor city staff aresupportive of this model.

UBER

car owners not allowing forcorporation or partnershipapplications.

Under the model, the TNC/Uber is licensed and prospectivedrivers apply to drive with Uber through Uber by confirmingidentity through credit check type processes, and supplying arange of documentation (driver's licence, etc.).

Uber can only permit drivers to drive on the Uber platform thatmeet the strict requirements of the proposed Windsor bylaw.The City of Windsor supports this model and ensurescompliance under it through data sharing obligations andaudits. A TNC that fails to fulfil compliance related bylawrequirements risks substantial fines and loss of its TNC licenceto operate.

The ridesharing business model is different from taxi. MostUber drivers drive less than 10 hours a week. For many, Uberis an income supplement and not a full-time job. As such,requiring prospective Uber drivers to come down to City Hall isboth challenging for them (they have other jobs) when modernonline processes facilitate the same outcome as moretraditions! application methods,

16. A X-class vehicle shouldbe supplied with a City ofWindsor Decal identifying itthe vehicle as an X-Classvehicle "This vehicle isONLY available bypre-booking and MAY NOTaccept cash payment" withcompleted vehicleapplication similar to that ofa taxi with samesubmissions (Ownership,insurance, SafetyCertificate) etc. andinspected by City of WindsorBy-law officer.

Where cities (i.e. Toronto and Waterloo Region) have requiredvehicle identification/decal, they have opted to harmonize andrequire the same vehicle identification of broker specificremovable signage (see below).

Windsor city staff support the decal below:

0̂<?

The Windsor city staff recommendations already provide forUber requirements to retain and remit various documentsrelated to insurance, safety standard certificate, etc, in addition

UBER

17. X-Class vehicle shouldbe not older than 8 ModelYears.

to vehicle spot inspections by by-law officers who can usespecially created Uber "ghost" accounts provided by Uber tothe City to request trips on the Uber platform for the purposesof bylaw enforcement.

Most cities that have recently passed a bylaw that addressesridesharing and Uber, have a maximum vehicle age of 10years.

Like Windsor city staff that support vehicle age limits of 10 ormore years, modern vehicle manufacturing have establishedsafer vehicles than in decades past.

Recall all vehicles are already subject to an annual OntarioMinistry of Transportation Safety Standard Certificate vehicleinspection + random spot vehicle inspections by bylawenforcement under proposed Windsor city staffrecommendations.