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Uber and Lyft Drivers

Experienced Rideshare Lawyer Representing Uber and Lyft Drivers in Administrative Appeals in Massachusetts

Did you apply to be a rideshare driver for Uber or Lyft but were denied a background check clearance certificate? Are you a rideshare driver who was suspended for a disqualifying condition on your record? If so, the Law Offices of Patrick J. Murphy can help you appeal the denial or suspension.

Massachusetts Rideshare Driver Regulations

Driving for Uber, Lyft, or another rideshare company offers unrivaled flexibility. You can earn an income on your own terms, working whenever you want. However, because rideshare drivers are not subject to federal regulation, each state creates its own framework for determining who can become a rideshare driver. In Massachusetts, Uber and Lyft drivers are held to a very high standard.

The Transportation Network Company (TNC) Division of the Department of Public Utilities oversees all rideshare companies operating in Massachusetts. As a result, the TNC Division also regulates rideshare drivers. Generally speaking, there are two requirements for becoming a rideshare driver:

  • You must obtain a transportation network driver certificate from a rideshare company; and
  • You must obtain a background check clearance certificate (BCCC) from the TNC Division

Under Massachusetts law, not just anyone can become a rideshare driver—and once you are qualified as a rideshare driver, any change in your driving record can result in your suspension. For example, Massachusetts General Laws Chapter 159A½ provides that a rideshare company can only provide a transportation network driver certificate to you if:

  • You are at least 21 years old;
  • You have access to an acceptable vehicle;
  • You maintain the appropriate insurance coverage;
  • You are not on the National Sex Offender Registry;
  • You do not have certain convictions on your record within the past seven years;
  • You do not have more than four traffic violations or a single major traffic violation; and
  • You passed a background check.
What Is a Background Check Clearance Certificate?

A background check clearance certificate is a document provided by the TNC Division stating that you can drive for a rideshare company. Under the Massachusetts rideshare driver suitability standards, there are three types of disqualifications.

Mandatory Disqualifications

If you have certain criminal convictions or traffic citations on your record, you are automatically disqualified from receiving a BCCC. For example, if you have two or more convictions for operating under the influence (OUI), you are indefinitely barred from obtaining a BCCC.

Presumptive Disqualifications

The TNC Division may determine that you are presumptively disqualified if you have a Continuation Without a Finding (CWOF) for certain offenses, even though the incident occurred more than seven years ago.

Discretionary Disqualifications

Even if you do not have a disqualifying conviction or CWOF on your record, the TNC Division can issue a discretionary disqualification if “reliable information demonstrates that a Driver acted in a manner that resulted in jeopardy to the health, safety, or welfare of any person, or that a Driver’s provision of Services is not consistent with the public interest.”

How Can a Rideshare Hearing Lawyer Help?

If the TNC Division denies your application for a background check clearance certificate or you are suspended for a disqualifying condition, you have the right to appeal to the Division. When you file an appeal, you must convince the TNC Division why its initial decision should be reversed. An attorney can help in gathering all necessary documentation and preparing a compelling case for why you should be granted a BCCC. An attorney will also be familiar with these hearings and can help prepare you for what to expect, so you don’t make a small mistake that could end up impacting the Division’s decision.

At the Law Offices of Patrick J. Murphy, we help those prospective Uber and Lyft drivers through all aspects of the administrative appeals process, including:

Do You Need Assistance Navigating a TNC Division Appeal?

If you are trying to drive for Uber or Lyft and have encountered problems obtaining your background check clearance certificate, reach out to the Law Office of Patrick J. Murphy for immediate assistance. Attorney Murphy provides free consultations to all prospective clients, during which he will offer an honest assessment of your case and discuss how he can help. To learn more, and to schedule a free consultation with a Boston rideshare administrative appeals lawyer today, call (617) 367-0450 . You can also reach Attorney Murphy through the firm’s online contact form.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
★★★★★
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
★★★★★
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
★★★★★
"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
★★★★★
"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User