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by Matthew W. Daus, Esq.
President, International Association of Transportation Regulators
Distinguished Lecturer, University Transportation Research Center, Region 2
Contact: mdaus@windelsmarx.com
156 West 56th Street, New York, NY 10019
T. 212.237.1106 • F. 212.262.1215

 

NEW TRANSPORTATION DIRECTIONS:
REGULATORY RESILIENCY, RENEWAL AND REGENERATION

The last several years of technology disruption have placed a significant strain and taken a toll on regulators, the public, and many businesses including ground transportation companies, airports, insurance companies, elected officials, and others. Silicon Valley and other investors are ostensibly making a fortune, at least on paper, and the media has had plenty to write about.

However, the luster of “irrational technology exuberance and disruption” may be fading slightly just as a fad, genre, or style does in the music or fashion industries. Much like other movements, many people start to come to their senses and look more closely at the realities and the facts – not the hype. That appears to now be happening as of late with the transportation smartphone app disruption craze.

These are still interesting times, with regulators bracing for deregulation and/or self-regulation, and the implementation of new untested Transportation Network Company (TNC) regulations. As well, regulators are searching for innovative solutions to help enhance service and level the playing field between the incumbents and the disruptors for the public good.

Transportation regulations have evolved over almost a century for good reason yet, of course, some may be outdated or have not kept up with the times. Despite mostly local regulations of taxicabs and for-hire vehicles, many international commonalities exist in terms of safety and consumer protection.

Deregulation has been tried many times, and has mostly failed when it comes to the removal of licensing standards, especially in urban environments. Yet, only time will tell whether the new TNC form of self regulation may simply be deregulation in disguise. As quickly as the TNC movement sped up, it could rebound in the opposite direction and wind down, or branch out into some new, and hopefully better direction.

The term “resilience” is defined in Webster’s Dictionary as “the ability to become strong, healthy or successful again after something bad happens” and “the ability of something to return to its original shape after it has been pulled, stretched, pressed or bent, etc…” There is no situation more apropos than the regulatory recovery from and response to the market disruption and attempts to lighten or eliminate for-hire regulation, to explore next steps for regulators, as we attempt to rebuild and strengthen or modify our regulatory systems.


The 28th Annual Conference of the International Association of Transportation Regulators (IATR) will be held in Montreal from September 27th through the 30th. The conference theme will focus on not just the present situation, but will attempt to forecast the future which is fast approaching from a technology standpoint.

The sessions at this IATR conference, described below, will address every TNC related issue at the granular level, offering different points of view, but with every session looking behind and beyond the current state of affairs. Some of the questions that may be answered by the sessions described below include:

  • Is there a new best practice that will emerge for driver background checks?

  • Is there a new and possibly better approach to more insurance coverage for all with less premium dollars?

  • Will the accessibility movement be accelerated as a result?

  • Will vehicle technology changes make all of these issues moot?

  • Will regulators finally get all of the trip and fare data that they crave and need? and

  • Will we have apps and platforms and services that connect freight with public and for-hire transit in one seamless inter-modal model?


Only time will tell, but our resilient regulators and our regulatory models will bounce back, transmogrify, regenerate, and renew. That we know for sure!

To view the detailed program information for our 28th Annual Conference in Montreal visit our newly revamped website, www.iatr.global, and this link: http://www.utrc2.org/sites/default/files/Conference-Program_0.pdf.

Conference registration is also now open and early bird registration expires on July 27, 2015.

To register now visit: http://www.iatr.memberlodge.org/event-1952619. Rooms at the Montreal Marriott Chateau Champlain, have special discounted conference rates that will expire on September 4, 2015. Sponsorship opportunities are now available, and the deadline to sponsor is July 27, 2015.

To view this year’s sponsorship menu visit: http://www.utrc2.org/sites/default/files/Sponsorship-Menu.pdf, and to view
this year’s sponsor contract vist:

http://www.utrc2.org/sites/default/files/Sponsorship-Contract.pdf.

The following is an overview of the program and sessions that will held at the Montreal conference:

The Future of Vehicle Technology –Autonomous, Connected & Alternative Fueled Vehicles, Black Boxes & OBD Data Possibilities

The constant chatter permeating media, blogs, and the rooms of transportation policymakers includes autonomous vehicles or taxicabs and limousines that could drive themselves. The notion that regulators will someday no longer be regulating drivers has received significant attention. The gap between media/investor hype (“California technology dreaming”) and the near and long term realities of such vehicle technology will be addressed by experts in the field.

Also, the work of the United States Department of Transportation will be highlighted on Connected Vehicles. This includes:

  • the use of V2V (Vehicle to Vehicle),

  • V2P (Vehicle to Passenger), and

  • V2I (Vehicle to Infrastructure) technology where vehicles communicate with one another, as well as with passenger smartphones and traffic lights, to warn against near collisions, prevent crashes, and provide for more efficient and sustainable traffic flow.

The collection of data from the On-Board Diagnostics system, black boxes and its application will be discussed as well. Finally, the future of the vehicle will be examined with new forms of electric vehicle technology and other existing alternative fuel option developments, such as compressed natural gas.


Everything You Ever Wanted to Know About TNCs – Leveling the Playing Field!

Several panel discussions and presentations will be held to update IATR members on the progression and status of TNC legislation, litigation, as well as the policy issues, facts, and fiction. The following sessions will feature multiple experts on:

(1) Criminal Background Checks: Academics, criminalists, forensics, and law enforcement officials will share facts and information about the difference between the
accuracy of name checks versus biometric fingerprints for drivers, and explore best practices for transportation regulators on this topic.

(2) Insurance: Experts will provide a primer on the insurance issue, including the basics and the impact of current TNC regulations on the longstanding practices and regulations of the insurance industry, and the adaption to new models. Topics will include liability, no-fault or personal injury protection, supplemental lines policies, and workers’ compensation.

(3)TNC Legislative and Litigation Update: With the swelling number of pending and recently passed laws around the country, as well as the growing pile of TNC related litigation, updates by lawyers, legislators, and/or lobbyists and trade organizations involved in the movement (for and against) will provide information as well as perspectives and insight.

(4) New Regulatory Approaches to “Leveling the Playing Field:” Various regulators have undertaken new policy initiatives that will be explored, and they will share the details of these new initiatives, including:

  • The Universal Taxicab App Projects in Chicago and the District of Columbia;

  • Limitations on Surge Pricing, such as the NYC Council’s pending legislation;

  • Regulations of App Privacy, Security and Data Collection and Sharing, such as in NYC and San Francisco.

(5) Wheelchair Accessible Service: Legislative, litigation, and other policy developments will be explored in terms of how the accessibility issue is or is not being addressed, including:

  • the perspectives of the disability community,

  • lawyers,

  • regulators,

  • new and existing market entrants,

  • providers/manufacturers/retrofitters, and

  • the final IATR Model Regulations for Wheelchair Accessible Service will be released and discussed.


(6) What Does The Future Hold for For-Hire Ground Transportation Services?: Stakeholders, academics, regulators, economists, lawyers, and others will engage in a visioning exercise to attempt to forecast our regulatory future.

They will discuss:

  • history potentially repeating itself on the deregulation and re-regulation front,

  • what a new future model would look like, and

  • the integration of for-hire ground transportation with public transit, aggregator services, and logistics platforms.


Breakouts for All! – Working Groups and Unique Regulatory Topics

Several concurrent breakout sessions will be held covering the following topics:

  1. Smartphone app committee meeting to revise IATR smartphone app model regulations;

  2. Research Committee meeting to release and peer review the first draft of the IATR’s International For-Hire Vehicle Fact Book; and

  3. Canadian Regulators’ Summit to address unique issues north of the border.


Merci! Bienvenue à Montréal IATR!

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