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Taxi drivers press SFPD, regulators after Polk Street crash; call for clearer TNC insurance enforcement

San Francisco Police Commission · January 8, 2014
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Summary

Taxi drivers told the San Francisco Police Commission that transportation network company (TNC) drivers are operating like taxis without transparent insurance coverage after a New Year’s Eve collision that killed a child; speakers urged local enforcement and coordination with the CPUC and MTA.

San Francisco — Taxi drivers and industry representatives urged the Police Commission on Jan. 8 to use all available enforcement tools and press regulators after a fatal New Year’s Eve crash in the Tenderloin that family members said involved an Uber driver.

Mark Ruberg, a taxi driver and spokesperson for the Taxi Driver Association, told commissioners the company issued a statement after the collision saying it would not accept liability because “the driver was not providing services on the Uber system at the time of the accident.” Ruberg said that ambiguity in California Public Utilities Commission rules, and opaque TNC insurance policies, leave crash victims without coverage.

“We call them illegal taxis,” Ruberg said. “Every minute that one of these TNC vehicles is on the road without a passenger, it’s driving around without insurance.”

Several other taxi drivers expanded on that claim. Carl McMorrow said personal insurance policies commonly exclude coverage when a vehicle is used to transport paying passengers and argued that state enforcement resources are thin: “PUC has exactly five investigators statewide to enforce this,” he said, urging local action and interagency cooperation.

Barry Korngold, president of the San Francisco Cab Drivers Association, said his group has documented thousands of license plates of vehicles appearing to provide TNC service and described traffic‑safety and congestion concerns stemming from drivers “looking at their phones” while seeking fares.

Chief of Police (identified in meeting materials) responded that officers will strictly enforce vehicle‑code violations such as double parking and texting while driving, but said distinguishing when a vehicle is a TNC on the street can be legally difficult for officers “to figure out on the fly.” “If they’re driving and they’re not engaged, they’re on their own insurance,” the chief said, noting some issues remain under litigation.

Commissioners and staff pointed attendees to the Taxi Commission and the California Public Utilities Commission for regulatory enforcement but also acknowledged limits on local jurisdiction. Commissioners urged better interagency coordination and suggested officers use traffic and other violations to address unsafe driving behaviors where probable cause exists.

No formal enforcement action or ordinance was adopted by the Police Commission at the meeting; commissioners closed public comment and moved on to other agenda items.