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🕔2:19, 4 Feb 2017

Cabbies say the end is near as Uber, Lyft come to Logan By Dan Adams GLOBE STAFF FEBRUARY 01, 2017 Is this the death knell for the taxi industry in Boston? Uber has now established a beachhead in the last major territory held by taxi drivers, striking a deal with the Massachusetts Port Authority to […]

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The Commonwealth of Massachusetts —— DEPARTMENT OF PUBLIC UTILITIES

NOTICE OF PUBLIC HEARING AND REQUEST FOR COMMENTS
D.P.U. 17-81 March 24, 2017 Investigation of the Department of Public Utilities, on its own motion, instituting a rulemaking pursuant to Chapter 187 of the Acts of 2016; G.L. c. 25, § 23; G.L. c. 30A, § 2; G.L. c. 159A½; and 220 C.M.R. §§ 2.00 et seq., establishing requirements for transportation network companies and the provision of transportation network services. ______________________________ ______________________________ ________________

On March 24, 2017, the Department of Public Utilities (“Department”), issued an Order instituting a rulemaking proceeding, pursuant to G.L. c. 25, § 23(a); G.L. c. 30A, § 2; G.L. c. 159A½; and 220 C.M.R. §§ 2.00 et seq., to establish regulations 220 C.M.R. § 274.00 et seq. (“Transportation Network Companies”). Specifically, the Department instituted the rulemaking to implement the requirements of an Act Regulating Transportation Network Companies, St. 2016, c. 187 (“Act”). Section 4 of the Act established M.G.L. c. 159A½, Transportation Network Companies, and Section 2 of the Act established M.G.L. c. 25, § 23(a), thereby creating a division within the Department that "shall promulgate rules and regulations and shall perform such functions as necessary for the administration, implementation and enforcement of chapter 159A½." The Department has designated this division as the Transportation Network Company Division (“Division”). Consistent with the requirements of G.L. c. 25, § 23(a) and G.L. c. 159A½, the proposed regulations establish a uniform system for certification and oversight of Transportation Network Companies (“TNCs”) and Transportation Network Drivers (“Drivers”). The proposed regulations require TNCs to apply to the Department for a permit to operate within the Commonwealth, and to apply annually to renew that permit. In addition, the proposed regulations specify requirements for Drivers that operate within the Commonwealth. The proposed regulations also require a two-part background check for each Driver. Further, the proposed regulations provide that a TNC shall, at a minimum, have an established process to ensure the safety and convenience of all members of the public, comply with related rules and regulations, and facilitate the Division’s efficient review of a TNCs permit application or renewal. Finally, the proposed regulations establish an enforcement process by which the Division may penalize a TNC or deny a TNC authority to operate within the Commonwealth for noncompliance with the regulations. A copy of the Order and proposed regulations may be viewed at the Department’s offices at One South Station, 5th Floor, Boston, Massachusetts 02110.

The Department has also posted a copy of the Order and proposed amended and rescinded regulations on its website. Documents on the Department’s website may be accessed by entering the docket D.P.U. 17-81 Page 2 number “17-81” in the docket database at web1.env.state.ma.us/ DPU/FileRoom/dockets/bynumber. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), contact Theresa Kelly at Theresa.Kelly@state.ma.us or (617) 305-3642. The Department will conduct a public hearing to receive comments on the proposed regulations. The hearing will take place on Tuesday, May 23, 2017 at 10:00 a.m. at the State Transportation Building, Transportation Board Room, Second Floor, 10 Park Plaza, Boston, Massachusetts 02116. Reasonable accommodations at public or evidentiary hearings for people with disabilities are available upon request. Contact Theresa Kelly at Theresa.Kelly@state.ma.us or (617) 305-3642 to make such request. Include a description of the accommodation you will need, including as much detail as you can. Also include a way the Department can contact you if more information is needed. Please provide as much advance notice as possible. Last minute requests will be accepted, but may not be able to be accommodated.

Any person interested in commenting on this matter may appear at the public hearing or submit written comments to the Department not later than the close of business (5:00 p.m.) on Tuesday, May 9, 2017. Written reply comments must be filed no later than the close of business (5:00 p.m.) on Tuesday, June 6, 2017.

Written comments and reply comments should be addressed to: Mark D. Marini, Secretary, Department of Public Utilities, One South Station, 5th Floor, Boston, Massachusetts 02110. All documents should also be submitted to the Department in electronic format by e-mail attachment to dpu.efiling@state.ma.us and the Division’s Assistant General Counsel at ryan.m.hawkins@state.ma.us. The text of the e-mail must specify: (1) the docket number of the proceeding (D.P.U. 17-81); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. The electronic filing should also include the name, title, and telephone number of a person to contact in the event of questions about the filing. All documents submitted in electronic format will be posted on the Department’s website, following the link included above. By Order of the Department, /s/ Mark D. Marini, Secretary
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