Resources for Drivers

Being a driver is a difficult job. To the extent the state treats you as an independent contractor, there are, unfortunately, fewer resources out there than typical employees. Below is a brief overview of what is out there for state resources and resources provided by some of our partners in the campaign.

State Resources

• Unemployment: You may seek to file for unemployment if you are deactivated.  However, it’s possible the state would determine you are an independent contractor and, therefore not eligible.
• Supplemental Nutrition Assistance Program (SNAP): Gig drivers are able to apply for SNAP. Follow the link for details on how to correctly claim your expenses to represent your actual income from driving. 
• Temporary and Stable Housing: If you need housing support, follow the link for Massachusetts state temporary housing and applications for longer-term, stable housing.
• Tax Submission: Filing your taxes as an independent contractor can be confusing. Follow the link to review some tips for filing and correctly claiming your expenses. Consider reaching out to one of our partners for more support. 

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  Deactivations

  There are a number of different reasons that Uber or Lyft may deactivate a driver. As a driver, it’s important to be aware of the laws that apply to driving for Uber and Lyft. 

  We’ll explain below what the three main categories of reasons for deactivations are, and how you might solve them to be reactivated. 

  Background Check or Documentation Issue

  What is required?

  In Massachusetts, both the company and a state agency, called the Department of Public Utilities (DPU), run background checks. According to the Act Regulating Transportation Network Companies, a driver must be issued a “transportation network drivers certificate.” To be issued a certificate, a driver must:

  • Be at least 21 years of age 
  • Hold adequate automobile insurance
  • Comply with the vehicle requirements
  • Have no more than 4 traffic violations or any major traffic violation, as defined by the division of insurance, in the preceding 3 year period 
  • Pass a two-part background check:
    • A valid TNC background check performed by TNC 
    • A valid “Background Check Clearance Certificate” issued by the DPU  

  Uber and Lyft use Checkr, a third-party company, which checks a multi-state criminal history database, a multi-state motor vehicle driving history database, and the US Department of Justice National Sex Offender Public website. Drivers may be disqualified for any major driving violations, a history of felonies or sexual offenses, or any pending charges. 

  The DPU receives information from the Department of Criminal Justice Information Services, Sex Offender Registry Board, Warrant Management System, and the Registry of Motor Vehicles. Drivers may be disqualified for failing to meet the requirements above.

  Existing drivers receive ongoing background checks every 6 months by the TNC and annually by the DPU. 

  How can I fix it?

  If you fail a DPU background check, you are able to appeal within 30 business days of the date of the decision, submitted via email to [email protected] along with relevant documents. Your appeal must make the case that the decision should be reversed, due to an error in the documentation. It will consider the following factors in its decision:

  (a) Relevance of the record to the position sought;

  (b) Nature of the work to be performed;

  (c) Time since the disposition;

  (d) Age of the candidate at the time of the offense;

  (e) Seriousness and circumstances of the offense;

  (f) Number of offenses;

  (g) Pending charges;

  (h) Evidence of rehabilitation or lack thereof; and

  (i) Any other relevant information

  If you were disqualified due to a conviction for any offense or a continuation without a finding (CWOF) within the seven-year period, you should not expect to be granted a hearing and must appeal based on documents alone. If you were disqualified due to a CWOF that occurred more than seven years ago or if there is only “reliable information that a driver acted in a manner that jeopardized the health, safety, or welfare of any person,” you may be granted a hearing to present your case. 

  If you fail a TNC background check, there is, unfortunately not much of an established process to appeal. (This is why we need to win a union to establish that process). Our first step should be to communicate with the company using either the online chat, hotline, or an in-person office to figure out your issue. Once you understand a possible issue that came up in the background check, you should try to submit documents that prove a mistake was made.

  Typical mistakes include “your driver’s license could not be verified,” which can happen if someone who shares your name, birthday, or address comes up in your background check. If your insurance documents, registration, or driver’s license recently expired, your account may be deactivated suddenly. If these mistakes happen, cooperate with Uber or Lyft support to submit the correct documentation, ask for a timeline, and follow up if there are any delays. Be persistent and firm.

  Safety

  What is required?

  A number of other factors can lead to deactivation. Common safety issues that can get you deactivated are dangerous driving, sexual misconduct or assault, altercations with customers, or use of unapproved vehicles. You can find a comprehensive list of terms for Uber and Lyft on their websites. 

  Uber and Lyft are often only making decisions to deactivate you based on one or multiple customer reports. Sometimes customers can exaggerate or misunderstand situations, and unfortunately, Uber and Lyft may take customers at face value. 

  How can I fix it?

  There is no hard and fast rule as to what number of reports causes a deactivation. Uber and Lyft have the ability to deactivate drivers according to their discretion. That’s why the first thing you must do is to get an answer for why your account was deactivated. It may take several phone calls or trips to the local Uber or Lyft support office.

  It will be helpful to have evidence behind you. Getting a dashcam that records the outside and inside of your vehicle is a good investment to have records of incidents with customers when it’s their word against yours. 

  If you’re still unable to get answers or resolution, you should seek legal help. Consider reaching out to a law firm. You have the right to take issues to arbitration and seek compensation through small claims court. 

  Fraud

  What is required?

  Duplicate accounts and identity fraud are cause for immediate deactivation. Many of these cases are due to simple misunderstandings, such as attempting to create a second account because you lost access to your email, or submitting a photo with someone else in it. Uber and Lyft’s terms prohibit “account-sharing” due to their responsibility to rider safety, and so they will quickly deactivate a driver. 

  How can I fix it?

  These cases are difficult to overturn through Uber and Lyft’s support channels. To prove that you were not attempting to create a duplicate account, make sure to ask which documents you must submit to prove your identity. Get a clear answer. 

  As for a mistaken photo, it can be nearly impossible to overturn. Consider seeking legal help and going to arbitration.

  Solutions

  A lot of handling deactivations comes down to being a careful driver, keeping track of documentation, navigating the imperfect process of arbitration, and being lucky! Drivers with high ratings and years of service may still be deactivated, and there is not much of a pathway out of it. This is one of the main reasons why we need a union, to establish a clear process with Uber, Lyft, or any other companies. Drivers deserve a transparent process to regain their accounts if they were deactivated. This is what we are fighting for.