BROWARD COUNTY, FL - Broward County Commissioners have established fines and civil penalties for transportation network companies (TNCs) and all for hire vehicle operators who violate county laws.
The fines range from $250 for first time offenders and incrementally increase up to $1000 for four or more violations. The action follows months of debate over what constitutes an appropriate level of regulation that is responsive to competition in transportation and provides consumer protections to ensure the safety of residents and visitors to Broward County.
The fines exceed standard limits of up to $500, but were below an original proposal of up to $5,000 as allowed under state statutes for repeat offenders.
"The super penalties originally proposed would apply to everybody and for me it's just too onerous of a number to do to people in this community," said Commissioner Lois Wexler.
The Broward County Motor Carriers Ordinance governs for hire vehicles and requires TNCs to obtain a company license. All for hire vehicle drivers must obtain a chauffeur's registration and undergo state and national background checks utilizing FDLE and FBI databases. Drivers must also carry insurance consistent with state law. For hire vehicles permitted under the Motor Carriers Ordinance must be inspected by a county approved licensed mechanic.
Transportation network companies, such as Uber and Lyft have been operating in Broward County since last year and use an internet application to match up drivers in private vehicles to customers who are seeking transportation. No TNC has applied for a company license as required. A small percentage of TNC drivers have applied for the required chaffeur's registration. Broward County has thus fare issued an estimated six hundred tickets with fines of $250.
"The reason we're at this point is because Uber has shown blatant disregard for the current fees that have been set up to five hundred dollars. They pay them without hesitation. The fact is you can't operate in Broward County without paying for a license and registering your drivers and cars. This is about public safety. I want to give them something that they'll think twice about wanting to pay. We need to send them a firm message that we expect compliance with our rules and regulations, " said Commissioner Barbara Sharief, who favored the proposed higher fines and penalties ranging up to $15,000 for flagrant violators.
If transportation network companies refuse to follow county laws, Commissioners could take legal action necessary to bring companies operating in violation of the laws into compliance.
"I believe it is time for us to do what we should have done day one. File an injunction, shut them down. If your barber doesn't have a license they can't operate. Even barbers have to register with the state and get a background check. Allowing transportation companies to do what they want to do is unjust especially for the people, like taxi drivers, who have been following rules and regulations for years no matter what it cost," noted Commissioner Dale V.C. Holness.
Information on the Broward County Motor Carriers Ordinance governing TNCs can be found at http://www.broward.org/PermittingAndLicensing/TransportationNetworkCos/Pages/default.asp.