County backs off requiring driver lists for ride-hailing companies

By Daniel Rothberg

Tuesday, Dec. 1, 2015 | 2:52 p.m.

Clark County commissioners said today they won’t force ride-hailing companies to turn over a list of drivers but are pushing aviation officials to collect the names if outfits like Uber and Lyft want to operate at the airport.

The unanimous vote amending the county business license requirements came in response to a legal opinion that said demanding the lists to maintain a permanent business license violated state law.

The same legal opinion, however, said county officials overseeing McCarran International Airport would not be prohibited from requiring the same information. Commissioners today urged Department of Aviation officials to adopt similar language in their final permit allowing Uber and Lyft to operate at the airport.

“I am going to support taking out the data (from the business license ordinance) with the knowledge that the airport still has that piece in there,” Commissioner Marilyn Kirkpatrick said.

Officials with Uber and Lyft officials did not attend today’s meeting.

Commissioners have considerable sway over what goes in the airport’s final operating permit for ride-hailing companies, because the permit is subject to commission approval. The Department of Aviation’s temporary permit includes language allowing it to request driver lists.

Lyft agreed to the terms and is operating at McCarran. Uber refused and is not authorized to offer rides at the airport.

The county, however, might have reason to bargain with Uber, which is the larger of the two ride-hailing companies and would generate additional government revenue through a surcharge for rides at the airport.

“I’m very concerned about the loss of revenue to the airport and the time it’s taking” to finalize the regulations, Commissioner Mary Beth Scow said.

Neither Uber nor Lyft immediately responded to a request for comment.

The driver lists have emerged as a final sticking point as the county crafts regulations to oversee the ride-hailing companies.

Uber, in particular, is opposed, saying the lists are proprietary information and that making them public would be a breach of driver privacy.

Commissioners have argued the lists are important to confirm drivers, considered independent contractors, have obtained businesses licenses.

Cab companies, arguing that ride-hailing companies are subject to less stringent regulations, also support requiring the lists.

“We are talking about transparency and accountability,” said John Mowbray, an attorney for Frias Transportation Management, the largest cab company in Nevada.

Mowbray said Monday that Frias wants access to the lists of ride-hailing drivers to cross-reference with its list of employees.

The company wants to make sure its drivers aren’t moonlighting with ride-hailing companies and violating regulations that prohibit cabbies from driving more than 12 hours a day, Mowbray said.