Lawmakers advance measure to regulate ride-shares as ‘common carriers’
By NIKA SCHOONOVER
Capitol News Illinois
nschoonover@capitolnewsillinois.com
SPRINGFIELD – Lawmakers are considering a bill that would treat ride-share companies such as Uber and Lyft as “common carriers,” opening them up to the same level of liability as other forms of public transportation.
House Bill 2231 passed on the House floor this week with a 73-36 vote. The bill now awaits consideration in the Senate.
The common carrier status is defined as a “standard of care” under which passengers surrender their safety to certain modes of transportation. Currently in Illinois, this includes taxicabs, railways and elevators, among others.
“The reason for treating common carriers and holding common carriers to a higher standard of care is the lack of control that the rider has,” Rep. Jennifer Gong-Gershowitz, a Democrat from Glenview and the bill’s lead sponsor, said in an interview. “There is no difference between the lack of control that a rider has the moment they step into an Uber or a Lyft and the lack of control that a rider has when they step into a taxicab or a train or an elevator.”
The push for the bill is spurred by concerns for rider safety, particularly after an Illinois Supreme Court case that was settled out of court in January 2022. The case’s prior appellate court opinion affirmed ride-share companies’ exemption from the common carrier status after a Lyft driver allegedly raped a passenger in 2017.
The alleged rape occurred in Chicago, when a woman identified as Jane Doe hailed a Lyft after a night out with her friends. The Lyft driver picked her up and, at some point during the ride, Doe fell asleep. The driver then drove to a secluded alley where he brandished a knife, zip-tied her hands and repeatedly sexually assaulted her, according to a court filing in the case that was settled in 2022.
Despite Doe’s argument that ride-share companies such as Lyft should be held to the same liability standard as established common carriers, the appellate court upheld the exemption because of the specificity of the statute. The case was settled out of court before the Supreme Court could rule on it.
The statute in question, part of the 2014 Transportation Network Providers Act, states Transportation Network Companies and their drivers “are not common carriers, contract carriers or motor carriers, as defined by applicable State law, nor do they provide taxicab or for-hire vehicle service.”
“Were we to hold that TNCs are subject to the same liability standards as common carriers, it would strip the relevant language of (the section of the statute) of all meaning,” Illinois First District Justice Bertina Lampkin wrote in the appellate court decision.
Gong-Gershowitz argued that, if not for the law, Lyft may have been liable in this instance.
“This exemption from the common carrier doctrine insulates TNC’s liability from the acts of their drivers when injuries to their consumers occur,” Gong-Gershowitz said in a committee hearing. “Other common carriers…do not enjoy this exemption and it has been used by ride-share companies to shield themselves from liability and auto crashes and cases where drivers have sexually assaulted their passengers.”
Opposition to the legislation centered on a concern that the common carrier classification may negatively impact business for ride-share companies.
“One of the reasons these entities have been so successful has been costs aren’t as great as they are with other entities,” Rep. Patrick Windhorst, R-Metropolis, said on the House floor. “So by increasing regulations or burdens on business then we may drive them out or make them less successful.”
In an interview, Gong-Gershowitz refuted that claim, asserting ride-share companies are not a cheaper option anymore.
“When you look at surge pricing, when you look now at what riders pay to take an Uber or Lyft from one place or another, I would argue that the price comparison to other forms of transportation…being a less expensive option no longer is what’s born out in the market,” Gong-Gershowitz said.
According to Crain’s Chicago Business, the average fare for Ubers in Chicago increased by 80 percent and by 73 percent for Lyft since 2019. According to the same report, the average fare for taxis increased by 50 percent.
Gong-Gershowitz added the cultural landscape around ride-share companies has shifted since their inception, eliminating the need to treat them differently from alternative modes of transportation.
“I think almost everybody now, at all ages, has an app on their phone and knows how to use both ride-share apps for Uber and Lyft, as well as other things,” Gong-Gershowitz said. “So the dominance of technology in terms of the way we handle transportation, and many other things, has transformed the world that we live in over the last 10 years. And so the rationale that existed in 2015 just doesn’t hold up in today’s market.”
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Countryside puts dog park on hold, will require leashes in two parks
Spread the loveBy Steve Metsch The city of Countryside has put on hold building a dog park, but canines and their owners are still in store for a treat. The city council has unanimously approved a plan to permit dogs in City Park and Countryside Park this year. Previously, they were not allowed in the…
Bridgeview approves auto repair shop
Spread the loveMoves up time for May 1 village board meeting By Steve Metsch Bridgeview is getting a new automotive repair shop. The village board at its April 17 matinee meeting approved a special use permit that will allow a repair shop at 9010 S. Beloit Ave. There was no discussion among trustees. The board…
Summit Fire Department blood drive draws a crowd
Spread the loveBy Carol McGowan The Summit Fire Department, along with the Village of Summit, and the Argo Summit Lions Club held a blood drive this past Saturday, and it drew a crowd that even impressed the American Red Cross. It took place from 9 a.m. until 2 p.m. with non-stop donors walking through the…
Hodgkins toasts village businesses
Spread the loveBy Carol McGowan Hodgkins Mayor Ernest Millsap and the Board of Trustees celebrated the village’s businesses at its annual Business Appreciation Breakfast on April 10. Over 100 people gathered at the Hodgkins Administration Center for a hearty breakfast hosted by the village. Representatives from many businesses that are located in or that work…
Pickleball courts coming to Palos Park
Spread the loveBy Jeff Vorva There will finally be outdoor pickleball in Palos Park. In a process that went longer than anticipated, the Palos Park Village Council was able give the green light to get a pickleball project started on the Village Green. The council voted April 8 to award the contract to U.S. Tennis…
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…
Neighbors
Billions of cicadas get ready to raise a racket
Spread the loveBy Kelly White If you haven’t heard the buzz yet, you will soon. With 2024 marking a big year for periodical cicadas in Illinois, billions of the red-eyed buggers will soon be making an appearance. Periodical cicada broods XIII and XIX will be emerging throughout much of the state at the same time.…
‘A man of honor, a beacon of kindness’
Spread the love. Chicago weeps for Officer Luis Huesca . By Tim Hadac People across the Southwest Side shed tears earlier this week, as throngs of police officers and other filled the St. Rita of Cascia Shrine Chapel at 77th and Western for a funeral Mass for CPD Officer Luis M. Huesca. Officer Huesca was…
Archer Manor Little League starts its 2024 season
Spread the love. Sunny skies and mild temperatures greeted the boys and girls, moms and dads, umpires and coaches, and everyone else participating in Archer Manor Little League’s Opening Day parade and ceremonies at Archer Park. Since 1952, AMLL has provided athletic opportunities for thousands of boys and girls in Archer Heights, West Elsdon, Central…
Dread over car drifters on streets
Spread the love. Reckless drivers take over SW Side intersections . By Tim Hadac At the April meeting of the Garfield Ridge Neighborhood Watch, a police officer admitted that the drag racing/drifting phenomenon seen and heard in the Midway area in recent years “probably will increase, but we hope not.” The admission was triggered by…
Don’t raise pilots’ retirement age, García says
Spread the love. From staff reports U.S. Rep. Jesús “Chuy” García (D-4th), senior member of the Transportation and Infrastructure Committee, recently led a letter joined by 121 Members of Congress urging House Democratic leadership to reject any changes to the pilot retirement age in a final version of the Federal Aviation Administration (FAA) reauthorization bill.…
CTA launches ‘chat’ feature on website
Spread the love. From staff reports Artificial Intelligence has made another step forward at the Chicago Transit Authority. CTA officials recently launched the “Chat with CTA” chatbot, a new virtual automated service featured on transitchicago.com. The communication tool allows riders to report issues, provide feedback and receive answers in real-time. Additionally, it provides the CTA with customer…
New effort to aid kids with disabilities
Spread the love. From staff reports A new grant program aimed at providing financial assistance to families of children with disabilities was launched recently by Mayor Brandon Johnson, in partnership with the Mayor’s Office for People with Disabilities and Ada S. McKinley Community Services. Children with disabilities is a population disproportionately affected by the pandemic,…
Dart warns of Sheriff’s Office imposters
Spread the love. From staff reports Cook County Sheriff Thomas J. Dart recently alerted the public of an uptick in telephone and email phishing scams in which scammers identify themselves as a Sheriff’s Office employee in an attempt to defraud victims. Scammers are using the actual names and respective titles of Sheriff’s Office employees to…
It’s ‘Batter up!’ time in West Lawn
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . It must be May because baseball season is here. I recently reported on the West Lawn Little League, whose 2024 season is now underway. Another West Lawn youth athletic association is Midway Baseball Softball Association. Their teams…