The State of New Jersey Legislature and Governor Christie adopted and approved P.L.2017, c.26 (C.39:5H-1 et seq.),establishing the Transportation Network Statute; in other words, Transportation Network Companies that provide Ride Sharing, allowing these companies to transport the public under its own unregulated monopoly and State regulated rules. I commend the legislature for their intense effort to provide the State residents a choice for transportation. Whereas, the TNC, ride sharing industry is not presently regulated by municipalities, in the interest of financial equality, and public safety, it’s time to explore means to best regulate the industry. There is a continued desire for TNC companies to continue to operate in the State of New Jersey. Any temporary agreements, statutes authorizing TNC companies to operate unregulated must be terminated.  “ But the time has come to cap the number of vehicles driving for Uber (or its affiliates/subsidiary such as Rasier, Inc; LLC and other ride sharing/hailing services as part of this aggressive move to address mounting concerns that their growth has led to worsening congestion and lower driver wages across the industry.” Local oversight regulations are needed now to add another layer of public safety, and limit the amount of vehicles that can operate ride sharing for the public. The time is now for the State of New Jersey to review this Statute, make recommendations for the law to be amended in certain respects to have stricter regulations which allows municipalities to regulate these types of ride sharing corporations. “Uber has indicated that State regulations should prevail, not local regulations, because travel often crosses between municipal and state jurisdiction. In fact, that is the truth for all transportation businesses, local oversight should prevail in all instances. This action will allow an increase in revenue for the local towns in our State of New Jersey” Municipal domicile should be included in the regulations for drivers, vehicles to register, to protect the public good. Since the adoption of the amended statute, P.L.2017, c.26 (C.39:5H-1 et seq.), certain aspects of the statute are unfair to other businesses such as New Jersey Transit, omnibus, taxis, and cars for hire, creating an unfair business atmosphere in assisting a non regulated/regulated business, creating a “monopoly” which has threatened, fair competition and is a detriment to other transportation companies including the riding public in the State of New Jersey. As a result of this, the statute is not inclusive for all involved in the industry and in some respects the legislature; its respected committees should review this statute “amending “it to make it fair for all transportation businesses and the public. Below are some points to consider:

1.    For TNC,s utilizing a private license plate, in the TNC industry, is unfair while it is prohibited in the entire industry for transportation in the State of New Jersey. This should be a commercial plate.

2.    Since the law has been adopted and amended, it seems to benefit TNC’s having an unfair burden on working class transportation residents to write a law exclusively for Uber. The Transportation industry including , omnibus, trains, buses, taxis and car for hires in the State of New Jersey has been negatively affected by this statute.

3.    TNC State statute in New Jersey specifically does not allow regulatory control from a county or a city of Class 1 through Class 3,( 100,000 residents or more) and should include and allow the City of Elizabeth and Newark to regulate the TNC Airport transportation that falls in their local authority having jurisdiction. Additionally, and separate from the State TNC Statute, Intergovernmental agreements with the Port Authority of New York and New Jersey and the municipalities of Class 1 through Class 3 .N.J.S.A 32:1-35.10, must be completed for such action. This will ensure additional revenue for the municipalities, safety for the riding public, and regulation of the overload of vehicular traffic, that is a result from unregulated TNC vehicle caps.

The TNC Statute should be amended to incorporate N.J.S.A 32:1-35.10 agreements with bi-State agency, The Port Authority of NY/NJ and the municipalities that have air terminals, to have regulatory control for TNC corporations. They can develop and negotiate such local agreements that allow partial or full oversight and fiduciary responsibilities for the municipalities prior to amending the TNC Statute. This action with allow Class 1 and Class 3 municipalities to have oversight of TNC’s and municipality regulatory control, permit processing, medical and background investigations for TNC Drivers. Municipalities should be limited to regulate certain aspects of TNC’s which may include payment of reasonable fees, oversight at the Airports, per such Agreements, provided that the amended TNC statute and its ancillary rules and regulations are adopted.

The current requirements to become a TNC /Uber driver are very weak unlike the omnibus, taxi or limousine drivers, such as  third-party background checks, no medical exam, no special licenses required, no yearly fee to the State or municipalities, which applies to all businesses with State and municipal regulatory control, including omnibus, taxi and limo drivers in New Jersey. This shows a bias toward TNCS Uber resulting in the municipality and/or county no control over TNCS/Uber.

Finally, on page 12, section 26, of the current statute for ride sharing it states that “it is an exclusive governing for Uber and their drivers that they do not need a permit or license or pay any fees or taxes to the municipality or county”. They are only governed by that law, unlike the omnibus, taxi and limousine which must be regulated by State, county and municipal rules. I think this also can be revised as counties and municipalities have solid ground with this.

4.    The TNC Statute is bias, because it does not include medical evaluations for ride sharing drivers, and relies on private third party background checks, with State oversight at a minimum. This is another deviation from transportation rules, allowing for unfair regulations, and also does not include medical evaluations. This is a public safety concern to assist the general traveling public; that the driver passes a medical evaluation. The ME should be incorporated into the amendment, and be regulated through the municipality of residency, or by the municipality of the registered business, not third party medical and background checks.

5.     In the statute, the State of New Jersey allows Uber to benefit by unfair pricing for ride sharing companies. The pricing of a ride should be equivalent to other commercial transport companies. This is where a twist in the law to benefit Uber private vehicles with private license plates, by allowing private cars with private insurance (uberx) to bypass the requirements in the State of New Jersey in the transportation Industry. In other words, this action  allows cars with private plate numbers to be used for car for hire which is totally prohibited for all other transportation companies including omnibus, taxi’s , car for hire and Limousines, resulting in congestion, vehicular traffic, and wage discrimination. Practically speaking; the ride sharing companies provide transportation, even though an application is used to schedule a ride. No matter what the conditions, are I’m sure the legislature can fix this, revise the statutory regulations, for the TNCS in the Safety and Regulatory Act. The State of New Jersey, Motor Vehicle Commission, should also recommend modifying the regulatory act to include commercial vehicle and registration codes with a new code for TNCS. Lastly, as stated previously, The State of New Jersey should adopt similar laws so municipalities can regulate the industry; change the permit process, limit (CAP) the amount of vehicles for TNC Corporations. The State Statutes and Acts should include the Municipalities of Newark and Elizabeth, or any other class 1 or 3 city, with air terminals, to have final authorization to permit, and allow a TNC to begin work, provided State compliance is completed.

6.    The restrictions C.39:5H-3 Restrictions should be removed from the current Statute, if regulation by Class 1 and Class 3 Municipalities is considered.