And Kyle Cockream, too! Lol
Uber Injunction Denied
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More info from: http://tbo.com/news/politics/judge-denies-motion-for-temporary-injunction-against-uber-20150807/
By Mike Salinero | Tribune Staff
Published: August 7, 2015 | Updated: August 7, 2015 at 03:33 PM
A Hillsborough County circuit judge Friday refused to order the ride-share company Uber from operating within the county's borders.
Circuit Judge Paul L. Huey denied the Hillsborough Public Transportation Commission's motion for a temporary injunction against Uber. Chief Assistant County Attorney Rob Brazel said Friday he was not sure if the county would continue to issue citations to Uber drivers in light of Huey's ruling.
"There's nothing in Judge Huey's order that prohibits them from operating," Brazel said, referring to Uber. "But the PTC still contends that they are operating in violation of the rules."
Brazel said the county attorneys will confer with their outside counsel at the Holland & Knight law firm before deciding what further action they will recommend to the transportation commission.
The PTC, a local government body created by the state Legislature, contends that Uber drivers fall under the county's taxicab regulations, requiring high-level background checks and commercial insurance. Since Uber launched service here in April 2014, PTC officers have ticketed drivers.
Uber contends that it should not fall under the PTC's rules because it is a communication that connects willing riders with drivers who use their personal vehicles for transporting paying passengers.
This year, the PTC sued Uber and Uber drivers seeking a declaration that the vehicle and drivers fall under the agency's rules and seeking a permanent injunction that would stop the company from operating. On May 20, the PTC sought a temporary injunction, and Huey held an evidentiary hearing July 17.
In his ruling, Huey rejected the county's assertion that vehicles operated by Uber drivers are the same as a taxicab because the smart-phone applications used contact diver and determine what fares to charge are the same thing as taxi meters.
Huey said that the PTC, in its regulations, "could have defined a public vehicle for hire as 'any motor vehicle for hire.'"
"Had it done so, clearly Uber drivers would be covered," Huey wrote. "However, it chose not to do so. Rather it defined six distinct classes of public vehicles. The only class truly relevant here is taxicab … It is not clear that an 'Uber driver' meets PTC's definition of 'taxicab.'"
Under the PTC's "unambiguous language," Huey wrote, an Uber driver does not satisfy the definition of a taxicab. He said nothing prevents the PTC from amending or modifying its language to clearly govern the transportation networking companies
By Mike Salinero | Tribune Staff
Published: August 7, 2015 | Updated: August 7, 2015 at 03:33 PM
A Hillsborough County circuit judge Friday refused to order the ride-share company Uber from operating within the county's borders.
Circuit Judge Paul L. Huey denied the Hillsborough Public Transportation Commission's motion for a temporary injunction against Uber. Chief Assistant County Attorney Rob Brazel said Friday he was not sure if the county would continue to issue citations to Uber drivers in light of Huey's ruling.
"There's nothing in Judge Huey's order that prohibits them from operating," Brazel said, referring to Uber. "But the PTC still contends that they are operating in violation of the rules."
Brazel said the county attorneys will confer with their outside counsel at the Holland & Knight law firm before deciding what further action they will recommend to the transportation commission.
The PTC, a local government body created by the state Legislature, contends that Uber drivers fall under the county's taxicab regulations, requiring high-level background checks and commercial insurance. Since Uber launched service here in April 2014, PTC officers have ticketed drivers.
Uber contends that it should not fall under the PTC's rules because it is a communication that connects willing riders with drivers who use their personal vehicles for transporting paying passengers.
This year, the PTC sued Uber and Uber drivers seeking a declaration that the vehicle and drivers fall under the agency's rules and seeking a permanent injunction that would stop the company from operating. On May 20, the PTC sought a temporary injunction, and Huey held an evidentiary hearing July 17.
In his ruling, Huey rejected the county's assertion that vehicles operated by Uber drivers are the same as a taxicab because the smart-phone applications used contact diver and determine what fares to charge are the same thing as taxi meters.
Huey said that the PTC, in its regulations, "could have defined a public vehicle for hire as 'any motor vehicle for hire.'"
"Had it done so, clearly Uber drivers would be covered," Huey wrote. "However, it chose not to do so. Rather it defined six distinct classes of public vehicles. The only class truly relevant here is taxicab … It is not clear that an 'Uber driver' meets PTC's definition of 'taxicab.'"
Under the PTC's "unambiguous language," Huey wrote, an Uber driver does not satisfy the definition of a taxicab. He said nothing prevents the PTC from amending or modifying its language to clearly govern the transportation networking companies
It seems like that would pretty much nullify any citations issued as the judge said the PTC basically has no authority to issue them to Uber drivers.More info from: http://tbo.com/news/politics/judge-denies-motion-for-temporary-injunction-against-uber-20150807/
By Mike Salinero | Tribune Staff
Published: August 7, 2015 | Updated: August 7, 2015 at 03:33 PM
A Hillsborough County circuit judge Friday refused to order the ride-share company Uber from operating within the county's borders.
Circuit Judge Paul L. Huey denied the Hillsborough Public Transportation Commission's motion for a temporary injunction against Uber. Chief Assistant County Attorney Rob Brazel said Friday he was not sure if the county would continue to issue citations to Uber drivers in light of Huey's ruling.
"There's nothing in Judge Huey's order that prohibits them from operating," Brazel said, referring to Uber. "But the PTC still contends that they are operating in violation of the rules."
Brazel said the county attorneys will confer with their outside counsel at the Holland & Knight law firm before deciding what further action they will recommend to the transportation commission.
The PTC, a local government body created by the state Legislature, contends that Uber drivers fall under the county's taxicab regulations, requiring high-level background checks and commercial insurance. Since Uber launched service here in April 2014, PTC officers have ticketed drivers.
Uber contends that it should not fall under the PTC's rules because it is a communication that connects willing riders with drivers who use their personal vehicles for transporting paying passengers.
This year, the PTC sued Uber and Uber drivers seeking a declaration that the vehicle and drivers fall under the agency's rules and seeking a permanent injunction that would stop the company from operating. On May 20, the PTC sought a temporary injunction, and Huey held an evidentiary hearing July 17.
In his ruling, Huey rejected the county's assertion that vehicles operated by Uber drivers are the same as a taxicab because the smart-phone applications used contact diver and determine what fares to charge are the same thing as taxi meters.
Huey said that the PTC, in its regulations, "could have defined a public vehicle for hire as 'any motor vehicle for hire.'"
"Had it done so, clearly Uber drivers would be covered," Huey wrote. "However, it chose not to do so. Rather it defined six distinct classes of public vehicles. The only class truly relevant here is taxicab … It is not clear that an 'Uber driver' meets PTC's definition of 'taxicab.'"
Under the PTC's "unambiguous language," Huey wrote, an Uber driver does not satisfy the definition of a taxicab. He said nothing prevents the PTC from amending or modifying its language to clearly govern the transportation networking companies
It also seems like the PTC can just modify their rules though. I wonder what the process is for that and how long it takes. Likely the public would have a say in that though, so there's hope it won't happen.
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