Legal Considerations in Relationships Between Transit Agencies and Ridesourcing Service Providers (2018) / Chapter Skim
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Pages 111-117
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From page 111... ...
111 compliance,766 particularly as to disability accessibility and nondiscrimination. • Including a termination for convenience clause, as the federal government can terminate grant funding if it determines a third-party contract violates the transit agency's Master Agreement.767 • Taking steps to thoroughly understand the program's marketing requirements and ensuring that they are covered under the contract (and if possible procurement document)
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From page 112... ...
112 concurrent TNC service, such as UberPool or Lyft Line, as well as microtransit, should be eligible as contracted-out service to the extent that the project is otherwise eligible for operating assistance or qualifies under programs such as the MOD Sandbox.
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From page 113... ...
113 4. Employment Classification This issue potentially affects tort liability and the value of TNC indemnification, as well as the costs of delivering RSP service.
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From page 114... ...
114 under its FMLM pilot.769 The enforceability of such disclaimers may vary by jurisdiction and the specific facts of the vicarious liability claim in question. It is unclear whether enforceable arbitration clauses in TNC customer agreements might work to also shield contracting transit agencies from liability.
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From page 115... ...
115 RSP that does require such background checks, using taxis instead of the TNC, or delivering service through a public RSP that deploys more stringently vetted drivers than do TNCs. If the decision is made to proceed with the TNC under the statemandated background check process, requiring periodic background checks of TNC drivers who have already been accepted on the TNC platform may reduce the risk of deploying unsafe drivers.
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116 9. Torts Numerous incidents have been reported involving TNC drivers alleged to have caused accidents or committed assaults.
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117 an apparent agent of the transit agency for purposes of tort liability.
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