BURLINGTON POLICE DEPARTMENT

Antonio B. Pomerleau Building

One North Avenue
Burlington, Vermont 05401

Brandon del Pozo

Chief of Police

Phone (802) 658-2704

Fax (802) 865-7579
TTY/TDD (802) 658-2700

November 6, 2015
From:
To:
Subject:
1)

Chief of Police
Mayor of Burlington
ANALYSIS OF FOR-HIRE VEHICLE OPERATION IN THE CITY
OF BURLINGTON
Scope of the report:

The Burlington Police Department (BPD) was tasked with enhanced enforcement of the
taxi ordinance and providing a report to the Mayor with recommendations regarding
permanent changes to the enforcement of the Citys vehicle for hire ordinance.
As part of this effort, the BPD conducted an analysis to determine whether vehicle forhire drivers are any more likely to commit infractions, offenses or be involved in
accidents than the driving population at large, whether there was a difference in these
categories between traditional taxis and drivers working for Uber, and whether for-hire
vehicles were generally a safe presence in the city. The department also conducted an
investigation into a local vehicle for hire company Blazer Transportation accused of
ordinance violations.
In order to make these determinations, the department conducted a data analysis of
three months of accident, summons and incident data, and conducted a special
enforcement test focused solely on for-hire vehicles as a check on the analysis. The
analysis and enforcement test, and investigation into and subsequent suspension of
Blazer Transportations license, form the basis of the recommendations regarding
changes to the Citys vehicle for hire ordinance detailed in section six of this report.
Additionally, please note that the responsibility for this report was assigned to the BPD
well in advance of the Citys recent Interim License and Operating Agreement with Uber.
This report is focused on recommendations regarding enforcement changes and does
not specifically address all the policy issues under consideration as the Ordinance
Respect ~ Honor ~ Remember
Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

Committee considers broad reform of the Citys vehicle for hire ordinance. However, in
the interest of consolidating in one report all of the recent vehicle for hire enforcement
related work, Appendix 3 does contain the results of an audit of Uber recently conducted
by the City Attorneys office (as authorized under the Citys interim agreement).
2)

Summary of Conclusions:
For-hire drivers received less than 1% of all traffic violations issued
For-hire drivers were involved in less than 1% of accidents recorded by the BPD
Of the 583 accidents in this time period, three cases involved for-hire vehicles
and only in one of those incidents was the driver identified as a possible suspect

There is no significant difference, in terms of traffic violations observed or

accidents
recorded, between taxi and Uber drivers
There were no instances of a taxi or Uber driver observed to be driving under
the influence of
drugs or alcohol, or involved in a motor vehicle
accident while DUI
Focused enforcement on for-hire vehicles generally yielded violations of rules
which are
common to for-hire vehicles but which were not the result of
hazardous or unsafe
practices.
These conclusions are drawn individually from the data and observations that
follow here.
3)

Data Analysis:

The department looked at all traffic infractions, taxi infractions, incidents and accidents
recorded in in its records management systems for the months of June, July and August
of 2015.
During this three-month period, the department recorded 583 accidents and issued 404
moving violations. Each license plate was checked against Vermonts motor vehicle
registry, and each report was examined for notes to determine if the vehicle involved
was a Taxi or an Uber for-hire vehicle. The following results were observed.
Number of taxi accidents from June through September 2015
Data:
Total vehicle accidents:
Accidents involving Taxis:
Accidents involving Uber:

583
003
001

(less than 1%)

(less than 1%) (15BU020876)

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

Conclusion: For-hire drivers were involved in less than 1% of the accidents recorded by
the BPD. There was no significant difference, in terms of accidents recorded, between
taxi and Uber drivers
Note: Accident reports do not rigidly specify if a taxi is involved; each report was
checked for vehicle type, registered owner, contents of the narrative, etc. to determine if
a for-hire vehicle was involved. There exists the possibility that the actual number of
accidents is higher.
Number of for-hire tickets issued from June through September 2015
The following tickets were issued during the period:
Ticket Type
Traffic
Municipal Taxi
Violation

Tickets 6/1/20159/30/2015
General
Taxi
404
3
N/A
0

Uber
1
2

During this period, officers were left to enforce the motor vehicle law and for-hire
ordinances without the knowledge that the results would be measured for these
purposes. Officers presumably selected vehicles and violations for enforcement based on
the prevailing conditions and priorities in the city, as well as their judgments about the
severity of the violations observed. In other words, tickets were issued during this period
in the normal course of police work, with for-hire vehicles drawing very little routine
attention from officers in the course of their operation.
Conclusion: For-hire drivers received less than 1% of the tickets issued by the BPD.
Moreover, there was no significant difference, in terms of violations cited, between taxi
and Uber drivers
Note: Tickets do not rigidly specify if a taxi is involved; each report was checked for
vehicle type, registered owner, contents of the narrative, etc. to determine if a for-hire
vehicle was involved. There exists the possibility that the actual number of accidents is
higher. Uber violations were noted for not having the signage required when functioning
as an Uber driver.
Number of for-hire incidents recorded from June through September 2015
Total Valcour incidents involving:
Taxis:

35 (see summary and expanded tables below)

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

 Uber:
witness)

Company
Blazer Taxi
Dunwright Taxi
Green Cab
Quick Cab
Route 2 Cab
Total

3 (two were traffic-related, in the other an Uber driver served as a

Taxi Involved Incidents in Valcour 6/1/20159/30/2015*
Role
Involved
Person of
Caller
Complainant
Owner
Victim
Business
Interest
0
1
0
1
0
1
2
0
2
0
0
0
7
2
4
1
0
8
2
0
0
0
1
2
1
0
0
0
0
0
12
3
6
2
1
11

Total
3
4
22
5
1
35

*Based on person history search in Valcour for business name

An expanded analysis of these 35 incidents follows.

Taxi Involved Incidents in Valcour June through September by Type and Role 6/1/20159/30/2015
Company/
Call Type
Blazer Taxi

Caller

Complainant

Suspicious Event

Traffic

Role
Involved
Business

Owner

Person of
Interest

Victim

Total

Dunwright Taxi
Accident - Property
damage only
Disturbance

Larceny Other

Threats/Harassment

Green Cab
Accident - Property
damage only
Assist Public

22

Citizen Dispute

Found/Lost Property

Information

Juvenile Problem
Larceny - from Motor
Vehicle
Parking

Theft of Service

Threats / Harassment

Traffic

Trespass

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

Assist Public

Citizen Dispute

Theft of Service

12

11

35

Quick Cab

Route 2 Cab
Theft of Service
Grand Total

Conclusion: In only one instance was a for-hire driver identified as a suspect in

Valcour, in this case in South Burlington. For-hire drivers are most likely to be 911
callers (33% of the time) or victims (32% of the time).
For-hire drivers arrested for DUI from June through September 2015
Zero arrests.
Conclusion: There were no instances during the period of a taxi or Uber driver
arrested for driving under the influence of drugs or alcohol, or involved in a motor
vehicle accident while DUI.
4)

Enforcement Test:

An officer was designated as a traffic safety officer and instructed to proactively seek to
observe and enforce for-hire vehicle violations during a busy period of activity (the
Friday night before Halloween), and the results of these enforcement test are tabulated
in an appendix below.
Officers were most likely to observe the ordinance violation of for-hire vehicles picking
up passengers in traffic, rather than in a parking spot. This is a common and largely
unenforced practice both in Burlington and in many other cities. In all cases, the officers
did not observe the conduct to be independently hazardous. In remaining cases, the
officers observed equipment or other violations specific to taxis, such as lack of an
exterior dome light, or lack of a posted rate card. Officers assigned to the duty state they
would normally not describe these violations as serious enough to enforce in comparison
to other traffic violations observable at the time by other vehicles or response to 911 calls
for service.
Conclusion: Focused enforcement on for-hire vehicles generally yielded violations of
rules which are common to for-hire vehicles but which were not the result of hazardous
or unsafe practices.
5)

Blazer Transportation Investigation:

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

During the analysis period described above, the BPD also completed an investigation
into the practices of Blazer Transportation following receipt of a complaint. The
investigation concluded the company abused the existing meter system mandated by the
City ordinance. As a result, this company has had its license temporarily suspended by
the Taxi Licensing Board.
6)

Recommendations:

For-hire drivers were involved in less than 1% of incidents recorded by BPD and received
less than 1% of the tickets issued by the BPD. Moreover, there was no significant
difference, in terms of violations cited, between taxi and Uber drivers in either of these
categories. Further, there were no instances during the period of a taxi or Uber driver
arrested for driving under the influence of drugs or alcohol, or involved in a motor
vehicle accident while DUI.
Enforcement tests, detailed below in Appendix 2, revealed minor violations consistent
with the broader analysis: Violations of rules that are not the result of hazardous or
unsafe practices.
Recommendation #1: Consistent with the City Attorneys Review and Report on
Taxi Administration System in the City of Burlington, recommendation #6 (p. 12), the
data compiled for this report supports the creation of a part-time rather than full-time
vehicle for hire enforcement officer, perhaps modeled after the Parking Enforcement
Officer job descriptions. The limited number and minor nature of the violations
indicates that police resources could be better directed to addressing different
community challenges, therefore the BPD recommends that this position be housed in a
different City department (whether Code Enforcement as contemplated in the City
Attorneys report or elsewhere). Should enforcement efforts reveal any indication of
criminal conduct, BPD should be engaged to assist with the effort.
Recommendation #2: Consistent with the City Attorneys Review and Report on
Taxi Administration System in the City of Burlington, recommendation #8 (p. 12), the
data in this report supports the need for vehicles for hire to post a standard set of rules
governing operations.
Recommendation #3: The current meter system, while well intended, is subject to
abuse by operators willing and able to charge variable rates to vulnerable customers in
ways inconsistent with the City ordinance, as the Blazer Transportation investigation
showed. Eliminating the existing meter system to allow for set price arrangements
would limit such abuse (though meters should be maintained for street hails where
customers may not know the appropriate fare in advance).
7)

For your INFORMATION.

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

Appendix 1: Taxi companies operating in Burlington

Taxi Companies in service in Burlington

Business Name
#1 Taxi
89 Taxi
Abbey Taxi
Adria Taxi
All State Taxi
Alpha Taxi
Atlas Cab
Bella Taxi
Blazer Transportation
Burlington City Rides
Champlain Taxi
Crown Cab
Dunwright Taxi
Freedom Cab
Future Cab
Green Cab
JD's Taxi
JJ Transit
Jubbaland Taxi
K&A Taxi
M & N Taxi
M&N Taxi
M.B. Taxi
Majak Taxi
Mali Taxi
Marty's Cab
Mercy Cab
Nation Cab
Noursab Cab
Noursan Cab
Potala Taxi
Queen City Taxi
Quik Cab
Roma Taxi

Queue Permits
2
2
1
2
1
1
1
1
4
1
2
1
UNK
1
1
1
1
3
1
UNK
UNK
1
1
1
1
1
1
1
UNK
UNK
1
1
1
1

Vehicles Drivers
1
2
2
2
1
1
2
2
1
1
1
1
1
1
1
1
4
10
1
2
1
1
1
1
4
10
1
1
1
1
15
34
1
1
3
4
1
1
1
1
1
1
UNK
UNK
1
1
1
1
1
1
1
1
1
1
1
1
1
UNK
UNK
2
1
2
UNK
UNK
10
16
1
1

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

Route 2 Cab
Royal Taxi
S.D. Taxi
Sahan Taxi
Silver Taxi
Snow Lion Taxi
SOM Taxi
Star Cab
Transportation Tours of VT
USA Taxi
Winooski Cab

4
1
1
1
1
1
UNK
1
1
1
2

4
1
1
1
1
1
1
1
1
1
2

3
1
1
1
1
1
1
1
1
2
1

Appendix 2: Summaries of focused enforcement

Police Officer Kennedy conducted traffic enforcement on Friday, 10/30/15 with a primary
emphasis on taxi violations. The enforcement period was from 1730-2100 hours but he dealt
with two taxi violations after that time period.
Overall, Officer Kennedy observed six taxi violations between four taxis:
Three were taxis picking up/ dropping patrons while not in a legal parking space.
He also observed two taxis without exterior dome lights on top.
Officer Kennedy conducted a taxi inspection on all of the taxis and observed one taxi that
didn't have the fare rate clearly posted.
Officer Kennedy educated all of the drivers on the observed violations and told them that the
violations would be documented.

Appendix 3: Completion of First Audit of Uber

This first audit of Uber pursuant to the Citys Interim License and Operating Agreement (IOA)
with the company was completed on October 30, 2015. The City confirmed that Uber is in
compliance with the general requirements of the IOA, including being registered to do business
with the Vermont Secretary of State, implementing a zero tolerance policy and posting it on
their website, maintaining a customer feedback and complaint system, and posting the Citys
Vehicle for Hire Administration number on their website as well. Just prior to the audit, it had
been brought to the Citys attention that Ubers website allowed taxi drivers to sign up and
driver for it in their licensed taxis, although the IOA does not permit them to. When checked
during the audit, that language had been removed.
Uber responded to the Citys request for a list of 150 driver identifier numbers when that
Respect ~ Honor ~ Remember
Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954

information was requested. Consistent with the IOA, the City randomly picked 10 driver
identifier numbers for auditing. Uber then provided the 10 driver and vehicle records. All
drivers were licensed, older than 19, and drove vehicles that were registered and insured. All
drivers cleared the criminal and motor vehicle background checks and sex offender and
terrorism database checks conducted by a screening company accredited by a national
organization.
The City Attorneys Office found one deficiency in the audit: that no proof of vehicle inspections
was provided. After being informed of the deficiency, Ubers regulatory counsel stated in
writing that they would provide confirmation of compliance on this issue for the sample drivers
as soon as possible, and for all drivers operating in Burlington within six (6) weeks.

Respect ~ Honor ~ Remember

Officer James P. McGrath, end of watch May 12, 1904; Officer J. Albert Fisher, end of watch December 15, 1947;
Officer Robert W. Provost, end of watch January 13, 1954