Uber Driver Suspensions
As an Uber driver, you have unrivaled flexibility to earn a living. You can work whenever you want, don’t have to answer to anyone, and you can even drive in addition to working at another job. However, Massachusetts Uber drivers are subject to very strict regulations—and even minor traffic tickets can result in Uber driver suspensions or deactivations, as they are also known. At the Law Office of Patrick J. Murphy, we represent Uber drivers in administrative hearings and appeals in front of the TNC Division. With our help, you can present a compelling case to the TNC Division in hopes they will reverse their decision and allow you to get back on the road.Why Was Your Uber Driver Account Deactivated?
When discussing Uber suspensions and deactivations, it is important to understand that there are two types. First, Uber can deactivate your account for violating any term in the service agreement between you and the company. For example, if a customer claims you sexually harassed them or denied them a ride because they were with a service animal. To appeal these decisions, you need to take the issue up with Uber directly.
However, the more difficult suspensions deal with the revocation or suspension of your background check clearance certificate. The background check clearance certificate is a document stating that you passed the two-part background test conducted by the Transportation Network Company Division (“TNC Division”) and Uber and that you are suitable to transport passengers in the state. Under the relevant Massachusetts rideshare regulations, Uber must conduct ongoing background checks for all its drivers every six months. If something comes up on one of these periodic background checks, Uber is required to report it to the TNC Division. In turn, the TNC division will determine if your background check clearance certificate should be suspended or revoked.What Can Drivers Do Following an Uber Driver Suspension?
If you’ve been suspended from driving for Uber, you have a right to request a hearing in front of the TNC Division. You must file your request for a hearing within 30 days from the date of suspension or revocation. Once you do, the TNC Division will determine whether to hold a hearing. Often, in the case of new criminal convictions, the Division will not hold a hearing. However, if you suffered “presumptive disqualification” based on a Continuation Without a Finding (“CWOF”) or a “discretionary disqualification,” the Division will usually hold a hearing.
At this hearing, you must convince the TNC Division that you are still suitable to provide rideshare services. Of course, depending on the situation, this can be challenging. For example, if your suspension was the result of a county mistakenly reporting a conviction on your record, resolving the situation will be easier than if you have a new and legitimate criminal conviction. Working with an experienced attorney who regularly represented Uber and Lyft drivers at administrative hearings is the best way to ensure your appeal is given the attention it deserves.
An attorney can help you with any of the following aspects related to your hearing in front of the TNC Division:
- File notice of appeal;
- Work to correct mistakes on your criminal record or Massachusetts driver’s record;
- Gather strong character evidence; and
- Present a compelling case for reinstatement.
Uber driver suspensions are undoubtedly frustrating; however, with the help of a knowledgeable Boston rideshare driver attorney, you can ensure that your case is in good hands.Do You Want Help Appealing an Adverse TNC Division Determination?
If the TNC Division recently suspended or revoked your background check clearance certificate, the Law Office of Patrick J. Murphy can help. As a dedicated criminal defense and traffic violations lawyer, Attorney Patrick Murphy has more than 25 years of experience helping his clients overcome the legal challenges they face. He also regularly represents Uber and Lyft drivers in administrative hearings and appeals so they can continue earning a living. To learn more, and to schedule a free consultation today, call (617) 367-0450 today. You can also connect with Attorney Murphy through the firm’s online contact form.