in the matter of tnc's and/or uber/rasier, before the ... · before the public service...

IN THE MATTER OF TNC'S AND/OR UBER/RASIER,

BEFORE THE PUBLIC SERVICE COMMISSION,

LITTLE ROCK, ARKANSAS

STEWART LARRABEE, FAYETTEVILLE TAXI, LC479-444-4321

October 9, 2015

COVER PAGE, FOR THE ATTACHED RESUBMISSION OF DOCUMENTS THAT WERE

SUBMITTED DURING THE ARKANSAS PUBLIC SERVICE COMMISSION HEARING

OCCURRING SEPTEMBER 23, 2015, REGARDING TRANSPORTATION NETWORK

COMPANY RULES, UBER/RASIER, ET AL, AND THE LIKES.

September 23, 2015, the Arkansas Public Service Commission

conducted a Hearing at 9:30AM in Little Rock, Arkansas, primarily regarding Transportation

Network Company 'Rules.' An Objection, Documents with Index and Public Comments were

presented by Stewart Larrabee who is a Franchised Certificate Holder for Taxicab Services

operating with the entity of Fayetteville Taxi, LC, in Fayetteville, Arkansas.

Several days after the Hearing, Submitter Larrabee inquired as to the

publicly viewable location on the PSC Website for the in-person submitted documents; it was

later reveled by PSC Staff that the documents received during the Hearing became as a part

of the Hearing Record that remains in sole possession of the Officials and/or the Court

Reporter. It was also disclosed that for those items to be publicly viewable on the PSC

Website at this current time period, being before any Adjudication, would then require

resubmission, therefore, this is an introduction for the resubmission.

The resubmission includes this Cover Letter and some additional inserted

text on the original Documents and Index, mostly being newly inserted master page numbers

for the resubmission PDF document as a whole single PDF Document; all 'additions' are

of 4, Cover Page, Resubmission Of Documents

identifiably captioned. The original Documents were also divided into groups. Some of the

original submitted Documents had their orientations automatically or arbitrarily rotated by the

printer from landscape to portrait formats and other similar likes, and were printed-out in gray-

scale; the attached PDF sets includes full color and in many cases are slightly larger as they

have not been rotated, or the likes.

A written “General Object” by Larrabee was personally in-hand thirty

minutes prior to the commencement of the Hearing. Petitioner Larrabee was directed to the

Commissions Staff Attorney who was at the Hearing Chambers and Petitioner presented the

Objection to the Commissions Staff Attorney and inquiry was made as to proper processes as

the Petitioner expressed desires of wanting to avoid being considered disruptive by

performing service at the start of the Hearing as that seemed to be the only option available;

the Commissions Staff Attorney then took Petitioner to the Office of the Secretary for the

Commission where it was directed to be received and a conformed copy was provided to

Petitioner - the disposition of the Objection is unknown and it is not attached with this

'resubmission,' as it is showing on the PSC's Website, however, its location is positioned in a

rather allusively hidden separate public comments section being well outside of the plainly

and readily visible Journal Entries of the Docket.

A “Video” with audio was also attempted to be submitted prior to the

Hearing so that it could be openly presented and viewed by all during the actual Hearing,

however, Submitter Larrabee was informed by the Commissions Staff Attorney that the

Hearing Chamber does not have any type of video monitors or the likes, therefore,

it could not be presented at the Hearing; after the Hearing was concluded, the Video was

received by Secretary of the Commission. It is not fair that when someone can not personally

attend this isolated Public Hearing, being 200 miles away, that their information is not treated

as being whole with an equal standing; there should be reference to to all of the comments,

information, and documents, as a Journal Entry in the Docket, which at least points-to and/or

links-to where such information is actually viewable on the PSC Website – this is needed to

bring any minimalist amounts of fairness to any such information presented.


Anyone that is un-knowledgeable as to the specific layouts of the PSC

Website, which is designed primarily for uses by commercial Utility Companies, will be readily

lead to the Docket and each Journal Entry as the only location of 'information;' it is very easy

to miss the 'hidden links' for anything else. Very clear public acknowledgment in the Docket

to the existence of ALL information, and where such is equally readily locatable, is fair.

The “Documents” that consists of 53 pages, were also attempted to be

submitted prior to the Hearing, but, it was stated that since Larrabee did not possess at least

three separate copies and that such quantity is the absolute minimum amount needed for

submission, that they would not be received prior to the Hearing; this was completely opposite

of the Objection that was 'received' (?) – this was and is confusing. These papers were mostly

separated into an arrangement by content so that speaking on various subject matters would

be together, so that at least some of the different issues could be introduced and identified;

it is obvious to many in the Livery Industry that many very critical TNC/Uber issues have

been completely missed or left-out of the current draft of the PSC TNC Rules.

A companion “Index” was written in a conversational-style to be used as

personal speaking points during the Public Comments segment of the Hearing; public

speaking is generally a stressful experience for most people, including Larrabee, so this

Index was created for something to fall-back-on if difficulties were experienced, or, if Public

Comments were Truncated, which they were.

There were only five persons signed-in for 'public comments' for this

state-wide action, of which only four spoke, including Larrabee, and two of the other

remaining three are those who traveled approximately 200 miles with Larrabee from

Northwest Arkansas, where Uber/Rasier has been operating ILLEGALLY for almost one year;

it is very Discriminatory that such Truncation occurred, including but not limited to, the very

specific circumstances of that day of the Hearing and the specific hour of its occurrence.


S O M E I M P O R T A N T H E L P F U L L T I P S,

Due to the resubmission being compiled as one single PDF document, simple Hyperlinks

have been added to the PDF for easier 'toggling' between the Index and the Documents.

Within the Index, 'links' have been 'colorized' with blue-gray highlighting, clicking in the

colorized area will take the reader to the specific Document page. Clicking ANYWHERE on

a specific Document page, will return the reader to that related Index section.

Attached, please find the resubmission, being 73 pages.

Respectfully,-s-

Stewart LarrabeeFayetteville Taxi, LC.


IN THE MATTER OF TNC'S AND/OR UBER/RASIER,

BEFORE THE PUBLIC SERVICE COMMISSION,

LITTLE ROCK, ARKANSAS

STEWART LARRABEE, FAYETTEVILLE TAXI, LC479-444-4321

September 23, 2015[ resubmitted October 9, 2015 ]

INDEX WITH SOME EXPLANATIONS OF THE SUBMITTED DOCUMENTS,

AND RELATE TO THE PUBLIC COMMENTS BY LARRABEE.

There is a lot more information and documentation available than what is being

presented – this information includes illegal actions by Uber/Rasier and/or Uber-X Drivers.

It is expected that the Commission will not allow for hours of presentation of such findings during the

Hearing, so this is an very limited overview; frankly, what is contained herewith, does not even scratch

the surface and these points that are about to come-out, are merely starting points for additional

dialogue and demonstration of real problems that need tangible effective permanent resolutions,

for which there is mostly nothing really spelled out for any of it in the current 'draft' of the TNC Rules.

Submitter is available to any Commissioner, PSC Staff Member, or the Attorneys Generals Office,

and the likes, for any additional information.

These notes are primarily talking points, but are included with the submission of the

captioned documents, of which, includes evidence of illegal activities being conducted by Uber/Rasier

and/or its Uber-X Drivers – none of this would have ever been occurring, if it were not for the 51 plus

weeks of the totally ILLEGAL operations in Fayetteville being conducted by Uber/Rasier.

Uber/Rasier has turned everything into a Circus Show of mixed illegal activities.

[ INDEX with the Resubmitted Documents by Larrabee, Arkansas PSC Hearing, Re: TNC Rules, Et Al, September 23, 2015 ]

Index Page 1

[Left Column – Addition of Document Page Numbers]

[DP 21] Packet 1, Page 1 of 12: This is a picture of one of the very many problematic

Uber-X vehicles, many of which take walk-ups and switch instantly into rogue-mode. The pictured

Uber-X Driver repetitively parks at curbs seeking walk-ups and has been caught overtly initiating

solicitations with the following phrase “DO YOU NEED A RIDE, ITS OK, I'M AN UBER.”

The picture is showing this same Uber-X vehicle loitering at the exit doors of baggage claim at XNA

Airport, Northwest Arkansas.

[DP 22-23] Packet 1, Pages 2-3 of 12: The is a web screen shot of “Uber Jay” soliciting

business through advertising and created listings directly in the specific classed category of “Taxis” in

Fayetteville, Arkansas, with a phone number of 479-287-3155. This is very problematic, since ANY

such “YP.COM” 'Listing' or 'Ad' will populate into many 'smart-phone' web based searches when

searching for a“Taxicab;” this has been occurring for some time while Uber was not even 'legal,' and

such illegal 'Listings' or 'Ads' were functional before the existence of the first presentation of the Bill.

They will also populate to traditional land-line '411 Directory Assistance' searches. Any of these types

of listing are very problematic, as search engines cross-crawl or cross-populate, to-and-from each other,

and once started have a way of never going away as they feed and re-feed off of each other once they

have been started – the mere removal from one advertising location on one single occasion does not

do-the-trick, as these 'systems' continually replicate from each other.

[DP 24] Packet 1, Page 4 of 12: This is a Smart-Phone screen shot of Google Adwords PPC

Advertising (pay per click advertising) that is a, keyword or search-word, targeted paid advertising, that

promotes any business in a category based upon the words used and the area located therein – for this

screen shot, the search-word used was “Taxi” in the geographical location of Fayetteville, Arkansas.

The results yielded “NWA Rides – We accept all Major Credit Cards;” this is another TNC/Uber

Driver operating out-of-scope.


Index Page 2

[DP 25-26] Packet 1, Pages 5-6 of 12: Another web screen shot of another 'TNC' driver

operating out-of-scope, using the name of “Fayetteville Taxi.' THIS IS NOT THE SUBMITTER

LARRABEE'S COMPANY BEING FAYETTEVILLE TAXI, it is another completely rogue self-

alleging 'entity' that arbitrarily decided to 'list itself' as Fayetteville Taxi and as an Taxicab Service;

obviously this entity is receiving direct telephone calls, thusly stealing rightful monies from the legal

Franchised Operator and is certainly confusing many who are looking for the 'legal' franchised

'Fayetteville Taxi' in Fayetteville, Arkansas. None of this would have ever occurred if 'Uber/Rasier'

had not solicited hundreds and hundreds of people to overtly break-the-law for 51 plus weeks.

[DP 27-29] Packet 1, Pages 7-9 of 12: Another web screen shot of other listings that varies at

different times - this shows the following illegal entities, “Uber Jay;” “AR Safe Rout Taxi,” which was

an Uber-X Driver that by his own words, once 'deactivated by Uber,' started operating completely

rogue in Fayetteville; “AIRTRANZ XPRESS AIRPORT TAXICAB & SHUTTLE (XNA)” unknown

entity – name is unknown to all legal operators.

[DP 30] Packet 1, Page 10 of 12: Another Smart-Phone screen shot with this showing the

“Ride Safe Now Network” based out of Salt Lake City, Utah, operating as an illegal TNC and Taxicab

Company in Northwest Arkansas – has had vehicles available in Bentonville, Rogers and Fayetteville -

not legal anywhere with any of the Northwest Arkansas cities as an taxicab operator.

[DP 31-32] Packet 1, Pages 11-12 of 12: Another web screen shot of “Taxi Cab Rogers” which

is another name being used for 'Ride Safe Now Network,' however, this 'name' is what was submitted

and represented as a legal company to Google+ (formerly Google Pages) – this will populate

everywhere on Google for the 'category search' of Taxicab and with extreme emphasis and a very high

probability of being presented first above-all-others when the customer search is performed in or near

Rogers, Arkansas, or, with anything close to the category search of 'Taxi' or 'Cab' or 'Taxicab,' as

Google considers these words to all be one in the same.

==========


Index Page 3

[DP 33] Packet 2, Page 1 of 3: Picture of another illegal TNC taxicab vehicle, operated by

Mr. Kedem, who by his own statements was an Uber-X Driver until Deactivated, but then frequently

claims the opposite to Police and Customers that He is an Active Uber-X Driver. Originally started the

illegal operations with additional signage as “Safe Rout Carpooling Service,” with the overt

misspelling of the word of “Rout” being taken and likened to the very old seldom used military

meanings of, 'the causing of confusion.' Signage on the vehicles are magnetic signs with no

permanency and have been transferred by Mr. Kedem to at least five different rental-cars,

with the rental-cars being used as “For-Hire” Vehicles, for TNC services and including

overtly conducting 'street-hails.'

[DP 34] Packet 2, Page 2 of 3: Picture of TNC Taxi vehicle, showing on the Facebook Page

of 'Safe Rout Taxi.' Picture was taken at the Walmart outdoor music venue know as the AMP, locaited

in Rogers, Arkansas – signage now changed to “Safe Route Transportation Service.”

[DP 35] Packet 2, Page 3 of 3: This is one of the many styles of “Business Cards” by many of

the TNC taxicab drivers and many such similar 'cards' exist specifically indicating Uber-X Drivers.

==========

[DP 36-41] Packet 3, Pages 1-6 of 9: These are web screen shots of “TJ's Hybrid Transportation

Services LC;” - Page 1 makes reference to passing a Arkansas State Police Background Check – the

question is, for what and when? There are a lot of false statements now being made by all of the

'instant' Uber Drivers and Companies.

[DP 38] Packet 3, Special Attention is drawn to Page 3, This is one example of where it

shows the 'quoted prices' for operations in Little Rock to anywhere in the state of Arkansas, by an

Uber-X Driver – most importantly, it indicates that “TJ's” will provide 'Uber Services' by

submitting the request for transportation through his own personal Uber Consumer Application

while responding to it and accepting it on his own Uber-X Driver Application, while taking a form

of payment that is not controlled by Uber directly – how does the TNC/Uber Insurance function for

such 'arrangements,' when the actual primary passenger is completely unknown to the TNC/Uber –


Index Page 4

and to top it off, the 'Driver' is 'Rating' himself, along with a whole host of other legal issues –

how does this work?

Is this how the Uber-X Drivers are performing the ILLEGAL “Street-Hails” in Fayetteville,

by setting-up the instant-events through their personal Uber Consumer Accounts by creating

a false Uber Order request, and then Accepting the Uber Order on their Uber Driver Accounts,

and then claiming legitimacy?

[DP 39] Packet 3, Special Attention is drawn to Page 4, “TJ's” states he will accept Cash.

[DP 40] Packet 3, Special Attention is drawn to Page 5, “TJ's” will 'Drive You Car Home

Operating It Under The Uber System and With The Uber-X Passenger(s) Inside Of The Uber

Customers Own Personal Vehicle Being Driven By TJ While 'Under' the Uber System –

How does this work in any scenario – let alone Uber-X? Insurance? Vehicle Inspections?

Known Vehicles? Uber allows, 'so-called' 'Permission Vehicles,' but who is driving what and when?

[DP 41] Packet 3, Special Attention is drawn to Page 6, This wording shown creates a lot

more confusion as it is hard to tell 'how' services will be provided, that is, under which operation, and,

is also another reference to additional direct payments that are needing to be directly paid to “TJ's” for

exclusive services while also operating under the Uber TNC Platform.

[DP 42] Packet 3, Page 7 of 9: This shows defeat of any TNC/Uber Insurances requirements

or there protective purposes in the first place, as “TJ's” indicates that he will 'transport' the first 4 Uber

Passengers under the Uber System, but then performs additional services outside of the Uber System.

Where does this ever start or end – this is open ended abuse with this partial insurance.

[DP 43] Packet 3, Page 8 of 9: More defeat of TNC/Uber purposes, as “TJ's” indicates that he

will perform 'Reservations,' while absolutely everything related to Uber-X states completely

otherwise, including by all of the representations of Uber/Rasier in the TOS (Terms of Services) and

FAQ's (Frequently Asked Questions). They all state NO reservations allowed and/or it is NOT

possible.


Index Page 5

[DP 44] Packet 3, Page 9 of 9: More defeat of TNC/Uber purposes, as “TJ's” indicates that he

will take payment in any form, including for extra services in conjunction to and with Uber.

==========

[DP 45] Packet 4, Page 1 of 1: THIS “AD” IS PARTICULARLY PROBLEMATIC,

Craigslist Ad in Fayetteville, “Posted 09-09-2015, 1:15PM”: “Going to Hog game, room for 5

(NWA)... ...I am an Uber Driver... ...[I have an] 7 passenger Acura MDX with 5 spots open...

...50.00 per seat gets you to the game and back... ...To reserve your spot text or call...”

How does this function for any TNC and/or Uber/Rasier Insurance, including the more than 4 Person

Limit that Uber is self-limiting itself too for the entire State of Arkansas? (as of the current date)

Uber-XL does not exist anywhere in Arkansas and Uber-XL is the 6 passenger version of Uber-X and

this Uber-X Driver will OVERTLY exceed the limits set by Uber. Fayetteville frequently observes

Uber-X Drivers 'cramming' their vehicles with far too many Uber passengers – a certain Uber-X Prius-

2, which has 5 legal seats, including the driver, has been seen routinely carrying 7 passengers, plus the

driver – this substantially overloads the chassis and becomes extremely dangerous – who is there by

Uber management to check on these events – nobody - and the Uber Customer that is 'paying' does not

care as they are saving money by not having to pay for a second Uber-X vehicle, therefor, there will

never be a report of such from that Uber-X Customer and there is no other way to report such.

These 'Special Arrangements' directly orchestrated by many an Uber-X Driver, will remain HIDDEN,

being off-the-record at least partially, until something bad happens like a traffic collision with injuries.

==========


Index Page 6

[DP 46] Packet 5, Page 1 of 4: Craigslist Ads, “Posted 7 days ago” “Need a local ride?

(NWA),” - this and many more 'Ads' are now showing-up on Craigslist since the start of illegal

operations of Uber in Northwest Arkansas – this is only one example of many – everyone and their

brother, so to speak, are now providing transportation services, none of which are legal – again,

this is all a direct result of the illegal operations of Uber/Rasier.

[DP 47-48] Packet 5, Pages 2-3 of 4: Craigslist Ads, entered by other local Uber-X Drivers

soliciting 'others' to become an Uber-X Driver, so they get an Referral Bonus – this is problematic

with false over-the-top representations being made as to what can be expected – these Driver

Solicitation Advertisements should ONLY be performed by Uber/Rasier or any other Host TNC.

[DP 49] Packet 5, Page 4 of 4: Craigslist Ad, which is actually showing in the web-link

as an true Uber Ad Campaign, however, it is still a false representation, as implication to the $16 per

hour is overwhelming 'general in nature,' and there is no way that the population in the region are

requesting amounts of services 'around-the-clock' to sustain such cause-and-effect results, and is very

misleading as to what hours need to be 'worked' in order to obtain those amounts of $16 per hour which

is only obtainable for a very limited 'time-frames' in the Northwest Arkansas Region, and in-fact,

far far less time periods will yield these amounts as a whole, when looking at the totality of 168 hours

in any given week.

The $660 per week at $16 per hour, equates to 41 hours per week, full time, and that is exactly how

anyone would look at these numbers - as presented - ' go drive for 41 hours and make $660 ,'

and without Uber declaring any of the related costs, like gas and vehicle maintenance, and the fact that

someone will be out driving for more than simply 41 hours to make this amount of money in-the-first-

place; this is an wholly fraudulent solicitation by Uber/Rasier directed towards Arkansas Residents.

This is all bait-and-switch and smoke-and-mirrors by Uber/Rasier against its own Arkansas Drivers.

==========


Index Page 7

[DP 50-51] Packet 6, Pages 1-2 of 9: This is a redacted Web screen shot of an Gmail Ad,

appearing in Gmail on Sept 15, 2015, advertising and soliciting for Uber-X Drivers stating that anyone

can “...Get paid over $1,000 /week in fares for giving people rides with Uber...” - this is an

completely over-the-top false solicitations by the Uber/Rasier host parent companies – this is wrong.

This 'Ad' has been running for this entire year and Uber should be required to provide evidence,

including but not limited to, all trip-data to current date, including the 51+ weeks of the ILLEGAL

Uber operations in Northwest Arkansas occurring since August 2014, and substantiate such actual

weekly Driver payments. The actual percentage of its Uber-X Drivers that received such $1,000+

weekly payments could then be calculated; the Uber-X Drivers are stating far less and many of them

are leaving Uber-X and seeking positions with regular Taxicab Companies, due to the low earnings.

Thusly, Uber/Rasier owes a lot of money to its 'Drivers' for these false representations, and as such,

an appropriate 'Fidelity Bond' should be demanded of sufficient amounts and be filed, or equivalent

Cash deposited with the State of Arkansas, before any further consideration whatsoever is given to the

General Application of Uber/Rasier, et al, so that there are reasonable sufficient monetary assurances

that the Uber-X Drivers can be made whole for any of these false representations already conducted

and made by Uber/Rasier, et al. The PSC needs to protect the affected Arkansas Residents.

[DP 52] Packet 6, Page 3 of 9: This is a web screen shot taken from Uber's Website,

“DRIVERS RATE RIDERS TO GIVE YOU CONTROL” (what Control?). This is informing Drivers

that they can 'rate the riders;' this 'rider rating system' is demonstratively discriminatory against many

classed individuals. It is a 1-to-5 Star rating system; it is common knowledge that if a 'rider' does not

'Tip,' then they do not receive more than 4 Stars, however, this 'system' opens the flood gates to a whole

host of evil problematic class-discrimination bias levels and the many unfortunate likes, that this

Country has fought long and hard to remove from our society – any person with disabilities, or of race,

or of religion, or of the many other classes, can too easily be given 1 or 2 or 3 Stars, that then affects

their future abilities to obtain Uber/TNC services.

Uber-X Drivers have the 'alleged right' to Decline Acceptance or Cancel an Uber Order, which can be

based on the presentation of 'not-enough-Stars.' 4 Stars means No Tips to the Uber-X Driver and it is


Index Page 8

common that such Uber Orders are Declined or Canceled, until a 5 Star Uber Order is presented;

this would get far worse with a 3 Star or a 2 Star overall 'Rating.' This 'system' can ONLY be allowed

to be a Yes system, as any problematic Uber Riders/Customers should be entirely removed from the

Uber System and the decision to 'provide service' should NOT be left up to any individual Uber-X

Drivers at any time.


“IDENTIFYING MY DRIVER,” and is another false representation by Uber/Rasier, in that, it states

the Uber Customer will receive the following information about their Uber-X Driver before arrival;

“driver's name, photo, vehicle make, model, and plate number.” Uber only provides the Drivers

FIRST NAME and any of the Uber Customers should be allowed to know the LAST NAME at an

absolute minimum – the First Name is completely useless legally. Complaints have been received that

the Uber Driver 'picture' does not match the Uber-X Driver and that the 'picture' will not enlarge and

remains as a 'thumbnail-sized' picture, no matter what the customer tries to do to enlarge it for clarity –

this is dangerous.

The Uber Vehicle 'plate number' does not show or represent the actual “State of Registration” for the

Vehicle being used in Commercial Commerce as an For-Hire Vehicle - this is very problematic and as

an example, in Fayetteville, Arkansas, there are dozens of Uber-X Vehicles operating with Out-of-

State-Tags/License-Plates, which can not be legal for commercial commerce and screams to the

problem of where the Vehicle is actually Registered therein and what Insurance Company in what State

is actually underwriting the Base-Insurance Policy, and does that Insurance Company even know that

those Vehicles have moved out of their legal operating areas and is that Base-Insurance Company even

functional or ADMITTED in the State of Arkansas for the most basic of vehicle insurance

requirements? – this is a mess.

There are MANY Uber-X Drivers that are operating in Fayetteville for close to 6 months, with

Out-of-State “Tags,” and are NOT University Students – this is all very dangerous and Uber/Rasier is

the single and entire causation for these events – Uber/Rasier already has that information and can

electronically exclude operation for being outside of the base state of Vehicle Registration and also for

the state of issuance for the Drivers License – this is simple to fix, but Uber is letting these illegal


Index Page 9

events occur and they do know better. Arkansas requires that any Vehicle and its Title be transferred to

this state within 30 days of arriving in Arkansas and this would also include proper Insurance and the

legal acceptance of any Lenders providing any Financing Notes against any Titles – this is a problem

and Uber/Rasier has the information in-their-face and is ignoring it, and is, in-fact, aiding in these

collusive actions, including Tax Avoidance.


“CAN I REQUEST A SPECIFIC DRIVER.” Uber clearly states that Orders are directed to the closest

Uber-X Drivers, to be picked-up quickly, as in instant On-Demand service just like any Taxicab, and

gives further clarity that specific driver selection is not possible – Uber/Rasier effectively Truncates

any Uber-X Driver alleged Independent Contractor statuses with these public statements.


“CAN I MAKE A RESERVATION” - effectively, the answer is, NO. This kills Dependability when

someone needs to go to the Airport at some specific time, or other scheduled event. Uber clearly

speaks to On-Demand and to check a few minutes before you want to depart – this is not Reliability.


exampling of Packet 6, Page 4, with the VERY SMALL information provided about the Vehicle

and the Thumbnail-Sized Picture of the Uber-X Driver – can anyone really tell WHO is driving you?

[DP 57] Packet 6, Page 8 of 9: Another web screen shot taken from Uber's Website, this is a

basic example picture of the Uber 'Rating Stars' system.

[DP 58] Packet 6, Page 9 of 9: Web screen shot taken from Uber's Website,

“VEHICLE STANDARDS.” Uber is 'illustratively representing' a Toyota Prius II as their base-line

Uber-X 'class-type' of vehicle; very predictably, Uber/Rasier will use this as their future Absolution,

being along the lines that they indicated, or at least 'suggested,' this type of vehicle for a reason without

being specifically clear as to the real reason, frankly stated herein as being, the true actual cost to

operate various types of vehicles per mile. For the Uber-X Arkansas, especially Fayetteville,

Uber/Rasier has already basically ran-thru or ran-out of the existing supply of interested individuals


Index Page 10

utilizing the 'suggested-class-type' of Prius II type of vehicles or similar equivalents, and now Uber

Arkansas is forced and will take almost anything with 4 wheels, including very expensive vehicles that

can cost more than $1 per mile to operate - Uber/Rasier flatly refuses to reject some classes of vehicles

in the first place, including vehicle types that cost more per mile than what the Uber-X Driver will

actually receive. Uber FAILS to properly warn its garden variety Uber-X Drivers, being Arkansas

Residents, of the TRUE ACTUAL COSTS associated with driving anything other than its 'suggested-

class-type' of vehicles.

Fayetteville Uber-X's consists of any type of vehicle, including but not limited to, Cadillac's, BMW's,

Range Rover's, Full Size High-End SUV's and High-End Pick-Up Truck's, of which, many have

operating costs above $1 per mile. For the most part, in reality, the Uber-X Drivers are not even

getting enough money after the Uber Percentage-Cut and the likes, to cover the true and actual

operating costs of the vehicle while it is in actual active use transporting the Uber Customers during

the fulfillment of an Uber Order, let alone accounting for those 'same costs' known as Deadheading,

that will also be incurred in the returning to wherever the Uber-X Drivers originated from in the first

place – those costs do not magically vanish or go-away and this is not being made clear to the Uber-X

Drivers and Uber/Rasier is being completely irresponsible to the point of Material Fraud in letting

these Very Expensive Vehicles to be enrolled into the low-priced cut-throat Uber-X low pricing models

– this is demonstratively abusive and is predatory against the garden variety Arkansas Residents that

become Uber-X Drivers – the PSC is obligated to protect these Arkansas Residents.

Many of the Uber-X Drivers are paying money to provide Uber-X Services and they simply do not

realize it, but, Uber always gets its same Percentage-Cut no matter what, while Uber/Rasier shifts

all of the variable costs to the totally unsuspecting and un-knowledgeable Uber-X Drivers – this is

very dangerous and is a repeat of many of the events occurring during the Great Depression Era,

as during that time period 3-4 times as many illegal taxicabs suddenly appeared, and as stands to

reason, everyone always made sure they had food monies and housing monies first, and the likes,

while vehicle maintenance costs were last on everyone's survival list; this is a repeat of those events,

just without an economic downturn at the current moment. This 'scenario' can get really bad,

really quick, when one carefully looks at the Uber 'numbers' or examines history.


Index Page 11

Uber expects all of its “Drivers” to be expert judges, wholly trustworthy and self-serving determiners,

for the viability of, a safe vehicle versus a non-safe vehicle, including but not limited to, Mr. Joe Public

performing a Vehicle-Break-System-Replacement-Job on their own vehicle, trying to save a buck or

two. This has seriously bad potential outcomes directly associated with how any of Uber 'functions.'

==========


Uber-X Prices for Little Rock, Arkansas. The prices are too low. It is easily exampled by

calculating the Uber “Charges” for a trip from Little Rock to Fayetteville. Letting Google select

City Center to City Center is sufficient for this example, as everything else, such as typical suburban

driving, generally makes any example worse for the Uber-X Drivers actual received incomes averaged

after expenses and all time inured.

This is a best case example for 5+ hours of time as an Uber-X Driver.

Little Rock to Fayetteville:

Google indicates “2 h 48 min – 190.3 mi.”

Uber-X Little Rock Rates (as of 9-10-15), Base $2.00, Per Minute $0.18, Per Mile $1.35.

This would be: Time= 168x .18= $30.24; Distance= 190.3x $1.35= $256.90.

All together, this would be: $2.00 Base; plus $30.24 Time; plus $256.90 Distance,

for a total of $289.14, being rounded down by Uber to $289.00.

The Uber 'Safe Rides Fee' is only applied to the Customer and the Uber-X Drivers never see any of

these monies, therefore, they are left out of the equations. Any Uber-X Driver performing any service,

must always return to wherever they started from – in this example, if the Uber-X Driver resided

directly next-door to the exampled Uber Order Origination-Point, then that Uber-X Driver must return

at some point to where they started and those return 'costs' must be accounted-for.

Out of the $289.00 collected by Uber, the Uber-X Driver will receive

$231.20 if at the very old 20% Uber-X Percentage-Cut, or,

$216.75 if at the current 25% Uber-X Percentage-Cut,

this is not that much when true vehicle costs are taken into consideration.


Index Page 12

The One-Way Miles for the exampled trip is 190.3, however, the needed amount of Deadhead

Mileage to return is also 190.3 miles, therefore 380.6 miles of vehicle usage were utilized

to perform this exampled Uber Order.

Consumer Reports states that a Toyota Prius II is the best-in-class with the least cost of $0.47 per mile,

averaged over 5 Years at 12,000 Miles Per Year, for typical garden variety casual consumer usage,

and does NOT take into account accelerated Livery Vehicle usages that typically generates 50,000 to

100,000 miles per year. Many of the Uber-X Drivers are utilizing vehicles that have substantially

higher operating costs, however, Uber can never state or calculate less-than the IRS Business Purposes

Standard Mileage Rates of $0.575 per mile, unless Uber/Rasier completely controls the entire vehicle

fleet that is in operation, which they do not.

At the 20% Cut model, this LR-to-Fay Example would yield the Uber-X Driver $231.20,

of which, 380.6 miles at $0.47 per mile costs would be $178.88, resulting in the Uber-X

Driver netting $52.32, for 5 hours and 36 minutes of his or her time, $9.34 per hour pre-tax

liabilities. This is the best-case scenario – this does not include time waiting around to

obtain the Uber Order in the first place or likewise afterwards, or, for any bathroom breaks

and the many likes.


of which, 380.6 miles at $0.47 per mile costs would be $178.88, resulting in the Uber-X

Driver netting $37.87, for 5 hours and 36 minutes of his or her time, $6.76 per hour pre-tax

liabilities. This is now clearly Wage Subversion – plain and simple.

In reality, the majority of the Uber-X Drivers do not operate a Prius II or equivalent classed vehicle,

and most vehicles utilized have a much higher operating cost per mile – the next series of examples

involves utilizing the IRS Business Purposes Standard Mileage Rates of $0.575 for the 2015 year –

Uber can never cite or claim less-than this $0.575 amount.


Index Page 13


of which, 380.6 miles at $0.575 per mile costs would be $218.84, resulting in the

Uber-X Driver netting $12.36, for 5 hours and 36 minutes of his or her time, $2.21 per hour

pre-tax liabilities. This is now horrifically shorting the Uber-X Drivers and goes way

beyond any Wage Subversion thresholds and is well below Minimum Wage and the

Uber-X drivers are not in a 'Tipping' class of service industry workers.


of which, 380.6 miles at $0.575 per mile costs would be $218.84, resulting in the

Uber-X Driver LOSING –$ 2.09, for 5 hours and 36 minutes of his or her time,

A NET LOSS OF $0.37 PER HOUR. This is typical with Uber. The typical Uber-X

Driver paid to perform this Uber Order.

Uber/Rasier always makes their “Percentage-Cut.” How do these prices ensure

enough monies for a safe vehicle or ensure fairness to the Driver, all things considered?

The base-line lowest Uber rates must be used for any of these figures and Surge-Pricing can

not be factored-in as in excusable off-set at any time.

In order to avoid any Wage Subversion scenarios, the Minimum Payments on a per-hour basis,

can never be less than Minimum Wage plus ALL Self-Employment Tax Liabilities and the monetary

amounts needed for likewise equivalent Self-Employed Workers Compensation Insurance

and the monetary amounts needed for likewise equivalent Mandated Health Insurance since

Uber has over 50 participants as Uber-X Drivers; anything less is subversion to pay Minimum Wage,

i.e., Wage Subversion. Although the Uber-X Drivers may not elect to purchase Self-Employment

Workers Compensation Insurance or Health Insurance, the payments received must never be lower than

these included amounts - period – an the single example of LR-to-Fay clearly shows serious problems

with the Uber-X pricing structures.

The examples above clearly demonstrate that Uber/Rasier, with their control of the Rates, seriously

falls short of any needed minimums, while Uber/Rasier always gets its 20-25% Percentage-Cut.


Index Page 14

The Rates must be viable solely based upon the lowest published rates and can not take into account

any 'Surge-Pricing-Rates' as an suggested offset; the Rates are too low in-the-first-place.

Additionally, the Uber-X Per Minute Rate is uniquely identifiable as being too low, which becomes

systemically problematic. The Per Minute Rate is $0.18 per minute, multiplied by 60, equals $10.80

per hour, pre Uber Percentage-Cut. At the 20% model this would yield the Uber-X Driver $8.64 per

hour; at the 25% model this would yield the Uber-X Driver $8.10 per hour.

Arkansas Minimum Wage is $7.50 per hour, but the associated Independent Contractor “Tax and

Likewise Costs” are arguably more than $1.14 per hour at the 20% model, and are certainly far more

than $0.60 per hour at the 25% model. This current 'price model' FAILS when examined closely.

Some of the very original Arkansas Uber-X Drivers claim that they are still at the 20% model, however,

most are claiming they are at the 25% model, including the 'new' drivers.

It is not uncommon to get a Taxicab Order that involves 'waiting' for more than one solid hour with the

Taximeter Engaged and Accumulating, while the Customer is inside a Doctors Office, a Store, a Salon,

or many other similar occurrences, therefore, for any Uber-X Drivers the same will be encountered,

and during such time-periods, the amounts received can never be less-than Minimum Wage with all

of the associated Independent Contractor 'Tax and Likewise Costs,' otherwise, it is subversion to pay

Minimum Wage. Anything less is Wage Subversion against Arkansas Residents who are

Uber-X Drivers.

Even though the Uber-X Vehicle may be stationary waiting on the Customer for an whole hour or

longer, the automobile engine will most likely be operating to keep the Uber-X Driver cool or warm

due to the outside temperatures differences – those stationary costs are not even being factored into the

above example, and as such is even more damming to the Uber-X Little Rock price models, which are

far too low in-the-first-place. This is about to get even worst in the next page segment.

[DP 60] Packet 7, Page 2 of 5: This page is entitled, “Uber-X and Uber-XL Rates –

Comparison of various areas as of August 2015.” With the above examples of deficiencies in the

Uber-X price models, this one page lists some of the Uber-X operating Rates in cities nearby to


Index Page 15

Arkansas along with some other notable Uber operating locations. As soon as there is any

'competition' encountered by Uber/Rasier by any other TNC in the same areas where Uber operates

currently, Uber/Rasier will demonstratively and predatorily drop the Uber-X Rates to such low levels,

that it is impossible to argue or hold that any of the Rates are 'Legal' under any concept of law.

Of particular note - the low Uber Rates are beyond any marketing concepts of 'Loss-Leader'

merchandising being priced at or well below its ordinary traditional or discounted market price, as an

attempt to entice someone to make additional purchases of merchandise at regular market prices,

which then offsets the shortage taken with the 'loss-leader' item in the first place. Uber puts the 'entire

operation' operating below actual costs – this is never legal, but, this is unarguably occurring next-door

to Arkansas. As such, Uber's only method to regain such 'losses' is the Uber Surge-Pricing-Rates,

which only benefits certain Uber-X Drivers operating during very limited time-frames in Uber's

Arkansas operating areas – Uber ALWAYS gains monetarily, but it is completely random and very

problematic for Uber-X Drivers to become 'whole' under the operating methods of Uber.

With all of the exampled math just outlined, and comparing current local Uber Arkansas Rates against

the nearby Uber-X cities with operating Rates at;

$1.00 to $FREE for the Base Fare Rates,

$1.10 to $0.78 for the Per Mile Rates,

$0.16 to $0.15 for the Per Minute Rates,

This all speaks to the depraved reckless indifference as the primary operating mentality of Uber/Rasier.

UBER/RASIER IS CLEARLY BEING DEMONSTRATIVELY PREDATORY TOWARDS

ALL OTHER TAXICAB COMPANIES THAT ARE OWNED BY ARKANSAS RESIDENTS,

THE LOCAL LEGAL TAXICAB DRIVERS THAT ARE ARKANSAS RESIDENTS, AND,

UBER'S OWN UBER-X DRIVER-PARTNERS THAT ARE ALSO ARKANSAS RESIDENTS.

THE UBER RATES IN ARKANSAS AND THE RATES SHOWING NEARBY TO ARKANSAS,

MUST BE GIVEN SERIOUS SCRUTINY AND CONSIDERATIONS AS TO THEIR EFFECTS.

THE PSC MUST PROTECT ARKANSASANS AGAINST THESE ILLICIT PRACTICES.


Index Page 16

EVERYTHING about how Uber/Rasier operates is seriously affecting the existing Franchised Taxicab

Companies that the Arkansas Public Service Commission is also DIRECTED to protect and preserve –

the very title of the Act states this:

“ACT 1050: TO ENSURE THE SAFETY, RELIABILITY, AND COST-EFFECTIVENESS

OF TRANSPORTATION NETWORK COMPANY SERVICES AND TO PRESERVE

AND ENHANCE ACCESS TO TRANSPORTATION OPTIONS FOR THE STATE'S

RESIDENTS AND VISITORS.”

Preservation is an very specific directive that has been assigned to the PSC. By Arkansas State Law,

local Cities decide and dictate exactly how many Taxicab Companies and Taxicab Units can operate in

the Totality of their respective Cities, as if too many are functioning then there is not enough monies to

properly and safely maintain the different competing fleets – this is a serious safety measure that is

not addressed at all in the current draft of the TNC Rules – this must be corrected for the

Preservation of the existing legal Taxicab Companies, AND, for the assorted completely random

Uber-X Drivers that are most exceedingly inexperienced garden verity individuals that have no

concepts of what is involved in operating any vehicle at such demanding usage amounts and must

assuredly have enough monies to properly obtain viable legitimate maintenance for the very Uber-X

Vehicles that they each individually operate and utilize in the providing of the For-Hire services.

The additional UNLIMITED AMOUNTS OF UBER/RASIER VEHICLES, and/or,

THE CURRENT PREDATORY LOW UBER/RASIER RATES, are already seriously affecting the

Franchised Taxicab Companies and the Legal Taxicab Drivers. Uber/Rasier's 'business-model'

already class-discriminates as Uber/Rasier does not provide service to everyone.

Uber/Rasier has been allowed to operate with its CREAM-SKIMMING functions, and has, in-effect,

damagingly T-A-K-E-N much needed operational monies from the existing legal Taxicab Companies,

in which those needed monies are/were in-turn used to offset overall operating costs associated with

the providing of Taxicab Services in the Franchised Areas at the current Homogenized Tariff Rates.


Index Page 17

Many substantial EXTERNALITIES are now imminent, including but not limited to, substantial price

increases for all traditional Taxicab Services that must serve everyone, including those persons that

Uber/Rasier will never pick-up or transport, since the Uber/Rasier “system” class-discriminates

in-the-first-place. In-turn, this will also require additional monies from local governments that utilize

such programs like the government funded Taxicab Voucher Coupon Systems that specifically

transports the elderly and disabled. Unchecked Uber/Rasier being allowed to operate with unlimited

amounts of vehicle units while at the same time performing its class-discrimination and cream-

skimming, is about to cost the taxpayers a whole lot of money, or, for governments agencies that can

not instantly fund additional monies for such services will result in the most obvious immediate effect

of reduced availability of such government funded transportation services to the elderly and disabled.

Because Taxicab Companies are franchised private-public operations that serve everyone,

compensation to the Taxicab Drivers is easily arguable that it should be at a Living Wage, however,

compensation has fallen dramatically with the ILLEGAL Uber/Rasier operations, and keeping Taxicab

Drivers above Minimum Wage is becoming challenging and is faltering. In a very large densely

urbanized metropolitan area, another transportation competitor could possibly function while leaving

the existing taxicab operations intact enough to still function properly, however, in most of Arkansas,

Taxicab service is generally extremely limited in the first place, purely due to population size, density

and the existing Arkansasans overall non-dependency for Taxicab services.

The unlimited amounts of Uber/Rasier Vehicles against the existing T-O-T-A-L-I-T-Y of marginally

functional existing Taxicab services in various areas of the state, will have an incredible detrimental

effect, including but not limited to, Taxicab Companies ending operations completely, especially in

areas where such services are marginal due to the factors cited above.

[DP 61-62] Packet 7, Page 3-4 of 5: This page shows that effective September 11, 2015,

Uber/Rasier chose to arbitrarily increase its Percentage-Cut in Texas, basically for the most part, it is

now 28% percent. Uber is already experimenting with a 30% Percentage-Cut in portions of California.

Uber/Raiser just keeps lowering the 'Rates' to the Customers while this also reduces what the Uber-X

Drivers receive in compensation, while Uber/Rasier also then increases the Percentage-Cut taking even


Index Page 18

more monies away from the Uber-X Drivers - all being unannounced and the Uber-X Drivers can

do nothing about it and many Uber-X Drivers have taken out “Uber-Car-Loan-or-Lease,” which

in-turn requires weekly auto-drafts to be taken directly from their Uber Account Monies, therefore,

many of the Uber-X Drivers have become Indentured Servants to their Uber Car Loan-Lease

Payments Agreements that also places restrictions that the Uber-X Drivers may only work for

Uber/Rasier. The Uber-X Drivers now must 'work' or 'drive' 80-100+ hours per week to make the

Loan-Lease Payments with the lower and lower Uber-X Rates, and barely have enough to get by with,

if even, after the Loan Payments are automatically drafted every week from their Uber Account

Monies, well before the Uber-X Drivers can get to whatever remains. Meanwhile, those particular

Uber-X Vehicles are getting their usable life expectancy rapidly used-up, so to speak, while

Uber/Rasier always gets its Percentage-Cut, no matter what.

[DP 63] Packet 7, Page 5 of 5: Erroneous page, out of sequence.

==========

[DP 64-73] Packet 8, Pages 1-10 of 10: This is from Consumer Reports, dated

December 18, 2014, entitled, “Best new-car values biggest bang for your buck,” in effect, this is the

2015 Consumer Reports Vehicle Cost Per Mile Index. This 'Index' will reveal how much the overall

per-mile costs are for each class type of vehicles and shows how some in each class are good or bad in

each particular class. As a matter of note, KBB, being the Kelly Blue Book, and AAA, being the

American Automobile Association, have some of the same similar information, however, Consumer

Reports seems to be the most trusted comprehensive reference available and is an well respected non-

profit enterprise whose opinion is not affected by outside monies.

==========


Index Page 19

VIDEO The Video being presented, is one of many Fayetteville Bartenders that are

having issues with Uber-X Drivers abusing alcoholic – plainly put, they are Drinking and Driving

while Uber-X-ing. The Video is just one of many Bartenders that can attest to Uber-X Drivers that are

inside of alcohol establishments, consuming alcoholic beverages while being available and logged into

the Uber-X System, then receiving Uber-X Orders, Accepting, Leaving and Fulfilling those Uber-X

Orders, and then Returning-Back to the same establishments and again consuming more alcoholic

beverages, and at times, repeating the entire scenario again.

==========

I am available to any Arkansas official for any questions or any additional information.

Respectfully Submitted,- s -

Stewart LarrabeeFayetteville Taxi LC479-444-4321

[ 53 Pages Attached ]


Index Page 20

[ Document Page-21, AR PSC Hearing TNC Rules, Sep 23, 2015 ]

[ THIS IS NOT THE REAL AND LEGAL FAYETTEVILLE TAXI.

THIS IS ANOTHER TNC/UBER DRIVER THAT PLACED A FAKE DIRECTORY LISTING CONFUSING ANYONE LOOKING FOR A LEGAL TAXI.]


[ THIS IS NOT THE REAL AND LEGAL FAYETTEVILLE TAXI. THIS IS ANOTHER TNC/UBER DRIVER THAT PLACED A FAKE DIRECTORY LISTING

CONFUSING ANYONE LOOKING FOR A LEGAL TAXI. ]


[ ANOTHER FAKE COMPANY, THIS IS ANOTHER TNC/UBER. ]


Uber-X and Uber-XL Rates – Comparisons of various areas as of August 2015

Passenger Maximum; Uber-X is 4, Uber-XL is 6 and is not overtly available in all markets.

Type City or Region Base Fare Per Minute Per Mile

X Fayetteville & NW Arkansas 2.50 .20 1.65

XL n/a Fayetteville & NW Arkansas - - -

X Little Rock 2.00 .18 1.35

XL n/a Little Rock - - -

X Tulsa & Oklahoma City 1.00 .15 1.00

XL Tulsa & Oklahoma City 3.00 .30 2.00

X St Louis 1.75 .25 1.50

XL n/a St Louis - - -

X Memphis 0.70 .15 1.00

XL Memphis 2.50 .20 1.40

X Kansas City, MO & KS 1.50 .18 1.50

XL Kansas City, MO & KS 3.00 .30 1.60

X Atlanta 1.15 .16 0.78

XL Atlanta 3.00 .30 1.90

X Los Angeles 0.00 .18 1.00

XL Los Angeles 3.00 .35 1.85

X Orange County, CA 0.00 .18 1.10

XL Orange County, CA 3.00 .30 1.85

X San Diego 1.85 .20 1.10

XL San Diego 2.85 .25 2.25

X Houston 1.00 .15 1.10

XL Houston 2.85 .30 2.20

X Dallas – Fort Worth 1.00 .10 0.85

XL Dallas – Fort Worth 2.50 .20 1.35

X San Antonio 1.00 .18 1.20

XL San Antonio 3.00 .30 2.35

X San Francisco 2.20 .26 1.30

XL San Francisco 5.00 .45 2.15

X New York City 3.00 .40 2.15

XL New York City 4.50 .60 3.25

119[ Document Page-60, AR PSC Hearing TNC Rules, Sep 23, 2015 ]

Service Fee Schedule

This Service Fee Schedule is current as of the date it was provided to you. Should the Company change the Schedule, the company shall provide notice of such change(s) to you via email, your mobile application, or other written means. For partners activated on or after September 11, 2015: In exchange for your access to and use of the Software and Service, including the right to receive the Requests, you agree to pay to the Company a fee for each Request accepted, in the amount of 28% for uberX, 28% for uberXL, and 28% for uberSELECT of the total fare minus the $1 Safe Rides Fee, calculated pursuant to the rate schedule below. For partners activated before September 11, 2015: In exchange for your access to and use of the Software and Service, including the right to receive the Requests, you agree to pay to the Company a fee for each Request accepted, in the amount of 20% for uberX, 28% for uberXL, and 28% for uberSELECT of the total fare minus the $1 Safe Rides Fee, calculated pursuant to the rate schedule below. Rates uberX uberXL SELECT

Base Fare $1.00 $2.85 $4.00

Per Mile $1.10 $2.20 $2.25

Per Minute $0.15 $0.30 $0.30

Safe Rides Fee $1.00 $1.00 $1.00

Minimum Fare $5.00 $7.00 $10.00

Cancellation Fee $6.00 $6.00 $10.00

September 11, 2015 [ Document Page-61, AR PSC Hearing TNC Rules, Sep 23, 2015 ]

Payment Practices The Company shall electronically remit payment to the bank account specified by you. Payment shall be made each week via direct deposit. You will receive a detailed invoice every week for the trips completed during each payment cycle.

September 11, 2015 [ Document Page-62, AR PSC Hearing TNC Rules, Sep 23, 2015 ]

[ Duplicative Erroneous Page ]
