Legal Considerations in Relationships Between Transit Agencies and Ridesourcing Service Providers (2018)

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119 PTV (private transit vehicles)—The term used by SFMTA to refer to small privately-operated, publicly-accessible buses and vans in Article 1200 of the San Francisco Municipal Transportation Code. Article 1200 essentially regulates private micro- transit vehicles that are not permitted by the CPUC. Rasier, LLC—The Uber subsidiary that contracts with Uber drivers. Uber Technologies, Inc., is the parent entity and owns the Uber app. Respondeat superior—Theory of tort liability that allows an employer to be held liable for the torts of an employee acting within the scope of employment. Ride splitting—Ride splitting, also referred to as concurrent shared mobility, is a TNC service provided by a TNC driver using the TNC’s online platform to provide prearranged rides to unrelated passengers traveling along similar routes. Ride- splitting passengers pay a discounted fare (compared to the regular TNC fare). RSPs (ridesourcing service providers)— Collectively TNCs and microtransit providers. Taxicab exception—An FTA policy providing that drug and alcohol testing rules only apply to taxicabs when the transit provider enters into a contract with one or more entities to provide taxi service, not when the patron (using subsidized vouchers) selects the taxi company that provides the transit service. FTA has applied this policy to TNCs. TCP (Transportation Charter Party Carrier)— Under the California Public Utilities Code, TCPs are for-hire carriers providing pre-arranged passen- ger transportation. TNCs are considered a category of TCP. Title II, Title III—Title II refers to Title II of the ADA (ADA requirements for public services); Title III refers to Title III of the ADA (ADA requirements for public accommodations and services operated by private entities). Title VI—“Title VI” refers to Title VI of the Civil Rights Act of 1964 (prohibiting discrimination on the basis of an individual’s race, color, or national origin in programs that receive Federal financial assistance). TNC, Transportation Network Company— Private entity that provides prearranged transpor- tation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle. GLOSSARY This section defines acronyms and presents defi- nitions for various less common terms that are material to discussions and references in the digest. § 504—Section 504 of the Rehabilitation Act of 1973 FMLM (first mile/last mile)—The term refers to the connection required between a public transit stop and the passenger’s actual destination. Geofence/geofencing—A virtual barrier around the entire or some portion of the service area defined by GPS coordinates; the process of establishing such a barrier to define a TNC service area. Gig economy—An arrangement under which workers are engaged, primarily but not exclusively through online platforms, to perform services on a work assignment rather than on an employment basis. Other terms for such arrangements include sharing economy and on-demand economy. God view—Uber spy software that allowed Uber (and its employees) to track the real-time locations of passengers. Greyball—An Uber software tool used to identify and thereby evade regulatory authorities, deployed in areas where Uber service was banned or restricted. Lyft services—Lyft is delivered by (non- professional) drivers using their own vehicles. Lyft Line is Lyft’s ride-splitting service. Lyft Premier allows passengers to book rides in higher-end vehi- cles, at a higher fare than regular Lyft service. Lux is Lyft’s black-car service. Lyft SUV is a luxury black SUV service. Shuttle is essentially micro- transit transit. Microtransit—Multi-passenger transportation services that serve passengers using dynamically generated routes, delivered in vehicles larger than passenger sedans but smaller than full-sized buses. Microtransit providers may expect passengers to make their way to and from common pick-up or drop-off points. Onboarding process—The TNC’s process of approving new TNC drivers. OTPs (other transportation providers)— Providers other than TNCs that were parties to contracts analyzed in Part V of the digest.

120 UberCab). UberPool is Uber’s ride-splitting service; Express Pool is a lower-cost version of UberPool that requires riders to walk farther to their pickup spots than is the cast for UberPool.[E-4] UberXL is the same as UberX, but the vehicles must seat up to six passengers. UberSelect guarantees higher end personal sedans than UberX. Uber Commute facili- tates carpooling among daily commuters. UberWAV and UberAssist are marketed as ADA services. Trade dress—The trademarked logos that must be displayed on or affixed to the front and/or rear windshield of a vehicle operated by a TNC driver as required by state or local regulations. Uber services—UberX is delivered by (non- professional) drivers using their own vehicles. UberBLACK is a black-car service (delivered by commercial drivers using high end vehicles) that allows passengers to book via an online platform (this name was preceded by Uber, which replaced