Audit of the Department of Public Utilities
November 23, 2021 · Department of Public Utilities · Read the full official report on mass.gov ↗
source
“The Transportation Network Company Division did not ensure that transportation network companies conducted background record checks of their drivers and that they levied sanctions against drivers whose Clearance Certificates were suspended or revoked.”
Read the plain-English breakdown
This is a state performance audit of the Massachusetts Department of Public Utilities, focused on its oversight of rideshare companies during October 1, 2017 through August 31, 2019.
“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, October 1, 2017 through August 31, 2019.”
Auditors wanted to know whether the rideshare oversight division made sure drivers were allowed to drive and whether complaints about drivers and riders were investigated and resolved.
“The purpose of this audit was to determine whether DPU’s Transportation Network Company Division ensured that transportation network companies’1 (TNCs’) drivers were eligible to provide rideshare services2 and whether the division ensured that TNCs investigated and resolved consumer complaints against rideshare drivers3 and riders.”
If driver background checks and complaint follow-up are weak, riders and drivers may face avoidable safety risks.
“This issue creates an elevated safety risk for riders and drivers.”
If you use rideshare services in Massachusetts, this audit is about whether the state was checking that rideshare companies kept unsafe or ineligible drivers off their apps and took complaints seriously.
“An audit also allows the division to determine whether drivers whose Clearance Certificates have been suspended or revoked were promptly barred from accessing a TNC’s digital network.”
The state division did some background checking itself, but it did not adequately monitor whether rideshare companies did their required checks, removed ineligible drivers, or fully reported complaint handling.
“During our audit period, the Transportation Network Company Division did not effectively monitor transportation network companies (TNCs) to ensure that they conducted national background record checks of all rideshare drivers.”
The auditor recommended that the division create written rules and monitoring systems for audits, driver removals, and complaint reports.
“The Transportation Network Company Division should establish written policies and procedures for auditing TNCs and establish a monitoring process to ensure that TNCs take appropriate actions against rideshare drivers whose Clearance Certificates have been suspended or revoked.”
This matters because rideshare use was very large in Massachusetts, with tens of millions of trips each year during the period discussed.
“According to the Transportation Network Division’s website, there were approximately 64.8 million rideshare trips that went through TNCs’ digital networks during calendar year 2017 and approximately 81.3 million rideshare trips during calendar year 2018.”
A transportation network company, or TNC, means a rideshare company that uses an app or digital system to connect riders with drivers.
“Section 1 of Chapter 159A1/2 of the General Laws defines “transportation network company” as “a corporation, partnership, sole proprietorship or other entity that uses a digital network to connect riders to drivers to pre-arrange and provide transportation.””
What the Auditor checked
- Did not comply Do the Transportation Network Company Division’s monitoring measures for rideshare drivers’ eligibility prevent ineligible drivers from providing rideshare services to the general public as required by Sections 274.06 and 274.13(1–4) of Title 220 of the Code of Massachusetts Regulations (CMR)?
- Did not comply Does the division review and verify national background record checks of rideshare driver applicants performed by transportation network companies (TNCs)?
- Did not comply Does the division review and verify mandatory six-month background record checks of existing rideshare drivers performed by TNCs?
- Complied Does the division perform state background record checks of rideshare driver applicants, identifying all ineligible applicants?
- Complied Does the division perform state background record checks of rideshare drivers at least once a year to ensure that drivers remain eligible?
- Did not comply When the division deems rideshare drivers ineligible, does it notify the TNCs and ensure that the drivers stop operating rideshare vehicles?
- Did not comply Does the Transportation Network Company Division oversee and monitor the rideshare complaint process to ensure that complaints are resolved and ensure public safety as required by 220 CMR 274.12(3)?
What the Auditor found
Why it matters: The division could not be certain that all TNC rideshare drivers were qualified to work for them.
Standard: 220 CMR 274.13(3) ( 220 CMR 274.13(3) )
1 recommendation
- The Transportation Network Company Division should establish written policies and procedures for auditing TNCs and establish a monitoring process to ensure that TNCs take appropriate actions against rideshare drivers whose Clearance Certificates have been suspended or revoked.
Agency response & Auditor reply
Agency: "The Transportation Network Company Division (“Division”) disagrees with this generalized finding and with a number of related, subsidiary findings noted below."
Why it matters: Applicants with criminal records or motor vehicle incidents that should have prevented hiring could pass TNC background screening.
Standard: 220 CMR 274.06(2)(a–e) and suitability standards in Appendix B ( 220 CMR 274.06(2)(a) )
1 recommendation
- The Transportation Network Company Division should establish written policies and procedures for auditing TNCs and establish a monitoring process to ensure that TNCs take appropriate actions against rideshare drivers whose Clearance Certificates have been suspended or revoked.
Agency response & Auditor reply
Agency: "This finding is misleadingly stated and rests on an inaccurate assessment of the TNC initial background checks examined."
Auditor: "OSA acknowledges that the two applicants in question were not approved by the Transportation Network Company Division to work for a rideshare company in Massachusetts during the audit period."
Why it matters: Rideshare drivers without current six-month background checks could present a safety risk to riders.
Standard: 220 CMR 274.06(2)(b) ( 220 CMR 274.06(2)(b) )
1 recommendation
- The Transportation Network Company Division should establish written policies and procedures for auditing TNCs and establish a monitoring process to ensure that TNCs take appropriate actions against rideshare drivers whose Clearance Certificates have been suspended or revoked.
Agency response & Auditor reply
Agency: "This finding is not correct. . . ."
Auditor: "Contrary to what DPU asserts in its response, the audit finding is accurate."
Why it matters: Ineligible drivers could continue accessing TNC digital networks and picking up riders, creating a safety risk.
Standard: 220 CMR 274.06(3)(d) ( 220 CMR 274.06(3)(d) )
1 recommendation
- The Transportation Network Company Division should establish written policies and procedures for auditing TNCs and establish a monitoring process to ensure that TNCs take appropriate actions against rideshare drivers whose Clearance Certificates have been suspended or revoked.
Agency response & Auditor reply
Agency: "This finding is formulated in a misleading way."
Auditor: "In its response, the division asserts that it obtains information from TNCs, including whether they have promptly prevented a person from accessing their digital networks, for rideshare drivers who are appealing the suspension or revocation of their Clearance Certificates."
Why it matters: The division could not ensure that TNCs took necessary actions to address complaints, creating an elevated safety risk for riders and drivers.
Standard: 220 CMR 274.12(3) ( 220 CMR 274.12(3) )
2 recommendations
- The Transportation Network Company Division should establish policies, procedures, and controls for administration of TNC complaint reports and monitoring controls to ensure that TNCs provide the required reports on schedule.
- The Transportation Network Company Division should establish a standard report format or guidelines for TNCs to follow when reporting complaints.
Agency response & Auditor reply
Agency: "The TNCs were not required to submit monthly complaint reports during the MOU Period."
Auditor: "As noted above, 220 CMR 274 became effective on September 22, 2017."
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