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Lyft to appeal decision that it is a taxi company

 
Published July 15, 2015

TAMPA — An attorney for rideshare company Lyft said he plans to appeal a decision that says the company functions like a taxi service and is subject to local cab regulations.

The ruling Tuesday was part of an ongoing appeals process for tickets that Hillsborough inspectors issued to the company for operating a for-hire service without proper permitting. A hearing officer ruled in May that Lyft is a taxi company and was violating Hillsborough County rules by operating without proper permits.

This latest hearing before the Public Transportation Commission was the next action in the three-step appeal process that rideshare company Uber also went through last year. Uber appealed the board's decision and has taken the case to the 2nd District Court of Appeal in hopes of overturning the ruling.

Lyft attorney Steve Anderson said his client intends to do the same thing.

"We're prepared to file our appeal in the 2nd District," Anderson told the commission during his opening argument. "We're ready to move ahead rapidly there."

Lyft, like Uber, uses a smartphone app to connect riders with nearby drivers who use their own vehicles. Fares are paid with a credit card through the app, which also allows drivers and riders to rate each other.

Attorneys on Tuesday were not allowed to introduce new evidence outside of what already was on the record from the April hearing.

"The problem that Lyft has is being shoehorned into a classification to which it does not belong," Anderson said. "We're not a taxicab. Never have been, never will be."

But Hillsborough County attorney Rob Brazel argued the smartphone app drivers use functions as a taxi meter because it calculates the distance and fare. And while Anderson raised concerns about the procedure of the hearing and the larger role the state Legislature plays in this debate, Brazel said the focus should remain on the matter at hand: a $200 citation against Lyft issued in December for allowing the operation of a public vehicle without a permit.

After a brief discussion and a series of questions from County Commissioner Ken Hagan, the board voted unanimously to affirm the hearing officer's findings.

Contact Caitlin Johnston at cjohnston@tampabay.com or (813) 226-3401. Follow @cljohnst.