City starts citing ride-hailing drivers; taxis bear brunt

An Uber driver was cited by a city inspector Friday as part of ongoing enforcement of new regulations governing the ride-hailing and taxicab industries.

The Uber driver, who was cited for not having a private transportation driver certificate, is one of only a few ride-hailing drivers caught violating city regulations since March 2017, when restrictions on ride-hailing companies such as Uber and Lyft were brought more closely in line with taxicab companies.

The new law placed the responsibility for conducting private driver certification on taxi firms and ride-hailing companies. Companies have to certify that drivers are at least 21 and hold a relatively clean criminal record and driving abstract. The companies also have to certify drivers’ physical and mental fitness.

Since the changes went into effect, the city has conducted about six enforcement actions focusing on high-traffic locations like Hanauma Bay, the Arizona Memorial and Waikiki, said Sheri Kajiwara, director of the city Department of Customer Services. So far, Kajiwara said, most citations have been issued to taxi drivers.

On Friday a city inspector cited an Uber driver at a staging area for ride-hailing cars near Daniel K. Inouye International Airport. Inspectors at the staging area handed out information to Uber and Lyft drivers and asked that they comply with the new law. An inspector said violating the law can lead to a fine of up to $1,000.

One ride-hailing driver recorded a video of the city inspectors. Lynda Kernaghan, a driver for Uber and Lyft, posted a 33-minute video to her Facebook page Friday of her confronting the city inspectors about their actions. Kernaghan’s video had received more than 3,100 views by late Monday afternoon.

On the video, Kernaghan asks a city employee for his title and demands, “What are you asking for?”

The inspector replies, “I’m asking for compliance for the drivers to abide to what was agreed by Uber and Lyft.”

The video shows inspectors telling several drivers that they did not have required certificates. Inspectors tell others that their cars are not properly marked. During the inspections, all of the drivers say Uber and Lyft did not tell them about the requirements.

During the video, Kernaghan calls an inspector a “bully.” Kernaghan, who said she has been driving for Uber and Lyft for about a year, said the video shows the depth of her anger, at that moment, toward city inspectors. She also contended that the city inspectors were harassing drivers.

“I was just standing up for myself. They were making up the rules as they went along,” she said Monday. “Uber and Lyft drivers are always getting harassed. They are comparing us to taxi drivers.”

Kajiwara, the city director, said the city will be conducting more random inspections and ensuring that private transportation companies are making their drivers aware of the year-old requirements.

“During council hearings … each company agreed to be responsible for relaying the rules to their drivers and to ensure compliance,” she said.

Chelsea Harrison, Lyft spokeswoman, said in a statement that the company takes compliance with city regulations seriously.

“All Lyft drivers are informed of City of Honolulu requirements, including the necessity of displaying a Lyft emblem on the front and rear bumper of their vehicle,” Harrison said.

Uber said the company came to an agreement Monday with the city that electronic certificates were acceptable. The company said every Honolulu Uber driver has access to their driver certificate via the Uber driver app, but in light of Friday’s incident, Honolulu regulations are now more prominently displayed on the company’s app and in its resource guide.