 IN FOCUS |
by Matthew W. Daus, Esq. |
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DAUS EMBARKS ON INTERNATIONAL SMARTPHONE APP TOUR
ALL ROADS LEAD TO INTERNATIONAL PUBLIC HEARING AT 25TH ANNUAL IATR CONFERENCE ON NOVEMBER 17TH IN WASHINGTON, D.C.
Over the last and next few months, I will be completing an international tour that was designed to educate, share information, and build consensus among government, technology and ground transportation industry stakeholders on smartphone app technology. These intercontinental lectures started earlier this year at the International Association of Public Transport in Abu Dhabi, United Arab Emirates. I then proceeded to Australia to meet with the Australian Taxi Industry Association and the National Australian Regulators Group.
In June, I released a seminal report entitled “Rogue Smartphone Apps.” available online at:
encapsulating the issues that need to be tackled. After this white paper was released, I attended and delivered presentations before several key groups to discuss the issues and to obtain further input. The groups included:
I am also scheduled to participate in upcoming key policy speeches before:
These speaking engagements, meetings and the work I am doing with each and every organization is designed to achieve standards and ground rules to allow for technology to transform the industry via an open, fair and legally competitive manner internationally. I am proud to say we are getting closer to providing model regulations that will help resolve the uncertainty, litigation and other issues that are percolating concerning rogue apps and the currently unstable
regulatory climate.
These model regulations will be presented after the IATR app committee vets draft rules for the first ever international public hearing at the 25th annual IATR conference in the District of Columbia. Before the end of the year, final regulations are expected to be issued for adoption in various jurisdictions around the world. As IATR President and App Committee Chair, I felt it was important to provide leadership on this issue which has and/or or will affect every regulator and most every stakeholder.
Earlier this year, I was appointed to the United States National Working Group formed by the National Institute for Standards and Technology (NIST) to review proposed amendments to Handbook 44 – the Bible of taximeter standards and metrology. NIST works very closely with the National Conference of Weights and Measures (NCWM) which sets the minimum standards and specifications for taximeters that are followed by most every State and/or local agency whose government regulates weights and measures around the country.
TLC Commissioner David Yassky (far left) swears in former TLC Chair and COTA President Matthew W. Daus (fourth from left) and COTA's officers and board of directors at its Fall inaugural conference in NYC. Photo credit: Neil Weiss, Black Car News.
NYC Public Advocate and Mayoral candidate Bill de Blasio poses with the COTA Board and Officers after delivering a keynote speech on the future of the industry, the City and the TLC at COTA's inaugural conference. Photo credit: Neil Weiss, Black Car News.
The NIST working group was formed to address technological changes that affect weights and measures regulation including technological advances involving Global Positioning Systems (GPS) and its application to both taximeter technology and taxi and limousine smartphone apps.
In late September 2012, I was invited to the NIST campus in Gaithersberg, Maryland. The NIST is an impressive and expansive facility that includes chemistry and physics laboratories, neutron research/engineering and fluid mechanics facilities which employs teams of scientists, physicists and engineers populate.
The NCWM consists of weights and measures regulators, taximeter manufacturers and technology companies, NIST representatives, transportation businesses and trade organizations, and transportation regulators. This working group addressed and discussed a series of questions and proposed amendments to Handbook 44. It codifies several changes to address Personal Information Monitors (PIMs) and other components of various versions of New York City T-PEP technology and its interface with the taximeter already in service throughout the U.S.
The most pressing issue addressed by the group was how to deal with smartphone app technology in the weights and measures world.
After a fantastic presentation by a NIST scientific expert on GPS technology, it was clear that, while GPS has advanced to the point where it is tremendously accurate and has largely overcome the canyon effect of big building disruptions, variations or interference in coverage in major metropolitan areas – although minimal – still happen.
GPS triangulation and location is not always perfect. In terms of taxi/limo apps, many concerns were raised about software used to calculate fares based on time and distance, and whether standards should be developed for regulators to approve and to certify software as they currently do with physical taximeters.
Concerns were also raised about the inadequacy of mapping software working in conjunction with GPS that could overcharge customers, the ability for third parties to hack into such systems remotely, and the possibility that passengers could use illegal GPS blocking devices as “virtual taximeter zappers” to under calculate fares and short change drivers on their fares.
In terms of next steps with NIST, I have appointed a representative from NIST to the IATR’s Smartphone App committee in order to provide input and expertise on our model regulations. NIST will be participating in and speaking at the upcoming IATR conference in DC.
The way the weights and measures process works is once NIST vets a proposal, it is then reviewed - first by the Regional conferences on weights and measures and then presented to the National Conference of Weights and Measures (NCWM). If approved, Handbook 44 is amended and NIST Publication 14 is updated containing the technical policy, checklist and test procedures for evaluation of devices and software used in measuring systems. State and local officials will then follow and adapt these standards.
In my view, some smartphone apps meet the definition of a measuring device which currently requires weights and measures expertise, involvement, review and regulation. Some apps have turned smartphones into virtual taximeters that are entirely unregulated, and may overcharge customers.
Finally, I was pleased to deliver a key speech at the Airport Ground Transportation Association in early October discussing the implications of smarthphone app technology for airport authorities and regulators. Widespread use of taxi and limo apps may create significant operational, safety and congestion problems at airports, and may impact shared ride shuttles if rogue apps are used by drivers to pick up extra passengers to and from the airports.
While infiltration into this market has not yet taken place, I am pleased that AGTA released a policy statement and position which is supportive of and indicates that the group will follow the lead of taxi and limousine regulators. This places the IATR and its 25th Anniversary conference center stage and in the eye of the storm with our model regulations. This event may end up being the IATR’s best conference ever!
Although the hotel is sold out and the conference is almost sold out, we have arranged for a second hotel nearby to accommodate overflow. It is still not too late to register by contacting Karen Cameron at kcameron@iatr.org.
Please visit our website at www.iatr.org to view the conference agenda as this year’s event will be action packed with high level keynote speakers from government including the U.S. Congress. We will have our first ever Congressional “Day on the Hill”, and our gala event at the House of Sweden will include fantastic entertainment with live bands, dancing and a performance by the “The Regulators” – an assemblage of musician regulators breaking out of their regulatory shells!!!
Don’t miss the action and register now!!!
DAUS HELPS TO SHUT DOWN ROGUE APP IN NEW YORK CITY
IATR President and Windels Marx partner, Matt Daus, took a stand on behalf of transportation regulators in New York and around the world by lodging a complaint with the NYC TLC helping to provide evidence leading to the shutdown of illegal operations by rogue app Uber. See Crain's Insider Article:
Windels Marx and Matt have been front and center in the war against rogue apps, starting with its seminal report on the issue:
Matt Daus will be presenting model regulations for legal, accountable and safe technology apps at the IATR's 25th anniversary conference to be held at IATR's corporate birthplace, Washington, D.C., from November 15th through November 17th.
For your further information, please visit: www.iatr.org. Its still not to late to register and submit comments and testimony to regulators from around the world who plan to implement laws and rules in each of their jursidictions.
Windels Marx is on the web and Twitter @WindelsMarx.
IATR REGULATOR OF THE YEAR – 2012
A Message from IATR President Matthew W. Daus:
I am pleased to announce that the IATR’s Board of Directors has voted to present the first ever Regulator of the Year Award at its 25th Anniversary Conference in November 2012. This award is intended to encourage and acknowledge innovation, reform, effective and fair government regulation with selection and recognition by and among peers.
This award is intended to be presented annually hereafter, and will hopefully inspire our public servant members to strive for performance excellence. I would like to thank our Board, and in particular, former Board Member Jerry Kozubal, for helping to develop guidelines and a nomination protocol which is set forth below.
IATR Regulator of the Year Award Nomination Process
Selection Criteria for IATR Regulator of the Year Award
The IATR Regulator of the Year Award recognizes the exceptional achievements of a regulator whose jurisdiction has shown distinctive and effective leadership in regulating the for-hire ground transportation sector. The award recognizes the regulator's contribution to one or more of the following criteria: