The legislation that made share rides legal in West Virginia, HB 4228, was signed into law by then Governor Tomblin in March of 2016. The law went into effect July 1st of that year. Ride sharing services are provided by companies that have been classified as Transportation Network Companies. The two best known TNCs are Uber and Lyft. In March of this year Lyft went public and Uber is planning to do the same later this year.

There was much fanfare and excitement surrounding the passage of the bill. People could make money driving for Uber and Lyft and customers would have more choices. It was promoted as a “boost to the state’s tourism industry and convention business”. Said then state Senator Chris Walters (R-Putnam) at the time, “one of the biggest complaints I hear is people not being able to get around, not being able to take taxis … from one area of Charleston to another to explore our city…”

The tourism industry is an important part of the economy in West Virginia, but especially in the Eastern Panhandle. In Jefferson County, the industry provides more than one third of all jobs. The lead sponsor of the bill was Daryl Cowles (R-Morgan), two of the co-sponsors were Paul Espinosa (R-Jefferson) and Jill Upson (R-Jefferson). Stephen Skinner (D-Jefferson) voted for it and expressed his strong support for the bill to help cut down on drunk driving. It passed the Senate unanimously and the house approved it 94-4.

Allowing these companies to operate in West Virginia is the right thing to do. However, this particular legislation was flawed. Further, I don’t put the blame on the legislators who voted for the bill. So what’s the problem? Enter the lobbyist. The bill relies on outmoded regulations that have been applied to the taxi industry. Regulations should be reviewed from time to time to see if they are still relevant. They shouldn’t be leveraged to stifle competition or innovation. Industries employ lobbyists to do just that.

Enter John, Doyle, (D - Jefferson). He is currently serving in the House of Delegates representing the district that Stephen Skinner did at the time that HB 4228 was passed. As the bill was making its way through the legislative process, Mr. Doyle represented the taxi industry as a paid lobbyist. Through his efforts on behalf of the taxi industry, the regulations contained in the legislation, mirrored those of the West Virginia taxi industry. Instead of revisiting those regulations to see how they might be doing more harm than good and harmonizing them with neighboring states, they became part of the new legislation.

In particular, the West Virginia TNC regulations call for different criteria for driver background checks than Maryland or Virginia. In those states, they are required to check for criminal convictions. Felonies. In West Virginia, the regulations not only include felonies, they also include misdemeanors. That means that an applicant that passes a background check in Maryland or Virginia, does not necessarily do so in West Virginia. The result is that more people are shut out of an opportunity to drive in West Virginia, But it’s actually worse than that. We’re chasing drivers out of our state to work in neighboring states.

For example, if you live in Jefferson County, and have a West Virginia license and tag, you can apply to drive Uber as a DC or Maryland or Virginia Partner - their term for driver. As a West Virginian, with your West Virginia license and tag, Maryland and Virginia welcome you (DC does not - by the way - but that’s a conversation for a different day). Maryland and Virginia are open for business for WV Drivers - who are then not able to drive their home state! Because of HB 4228. Virginia and Maryland say.”come here and work,” you can pickup anywhere, including the airports - Dulles, Reagan and BWI - which is why someone living in West Virginia would do better to register to drive Uber in Virgina and Maryland. (A couple years back Lyft changed their insurance rules to exclude policies written in WV. I’m sure they have updated that policy, but they are so hard to communicate with, I’ve given up trying).

Until recently, Uber considered the Eastern Panhandle of West Virginia to be part of the Washington DC partner service area. That makes sense. The local cable/satellite companies provide Washington DC stations for subscribers. It used to be that a DC, Maryland or Virginia Uber driver could make pickups in Harpers Ferry, Martinsburg and all points in between.

Last year, around mid-year, that changed. Suddenly, DC, MD or VA partners could no longer pick up in the Eastern Panhandle - even those with West Virginia tags. An Uber representative, based in Charleston, told me that the company came to the realization that HB 4228 made it illegal to dispatch drivers in West Virginia that weren’t vetted to be West Virginia drivers. In other words, it was necessary to, in essence, put a wall around West Virginia, because of the misdemeanor issue. Once again, West Virginia has regulations that make it more difficult to do business here.

Why does this matter? First of all, it means that West Virginia isn’t reciprocating with its neighbors. Furthermore, if you live in Harpers Ferry and you want to drive, the sad truth is that you would do better if you registered with Uber as a DC, Maryland or Virginia partner. That means that local residents in border areas like Jefferson County lose coverage. This hurts the local tourism industry. It’s better for the driver to drive 10 minutes over the state line to work in Maryland and Virginia, make airport pickups and make more money. There is simply more business. The local driver who registers as a West Virginia Partner and takes passengers from Shepherdstown to Dulles can’t pick up there. The driver then has to come back empty without compensation for the return mileage. How ironic - John Doyle, who represents Shepherdstown in the legislature was instrumental in making this happen.

HB 4228, created regulations with what might be considered “unintended consequences”. And that’s being charitable. But the truth is that those who promulgate regulations seldom think things through and rarely understand the implications and ramifications. We live in a world where interconnectivity is critical for success. Instead, this legislation erected a wall between West Virginia and neighboring states with regard to transportation services.

This is typical of our history - where prosperity has stopped at our borders because we put up barriers to entry. I suspect that the bill has created similar issues for cities like Huntington with its close proximity to neighboring Ohio. But unless you know the background you would never know that ride sharing could work so much better for our state than it does.

In the Eastern Panhandle tourism is an important part of the economy. In Jefferson County it is vital - even existential. Ride share services could serve as an important stimulus. However, regulation has forced Uber to cut us off from the Washington DC metropolitan area - which serves as an important customer base for the local tourism industry. Uber drivers should be able to bring passengers back and forth to and from local tourism destinations to Maryland and Virginia and Washington DC. Instead a regulatory wall stands in the way.

Memo to John Doyle and the rest of the legislature - please tear down this wall.