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If you successfully appealed a DPU denial, I'd like to chat with you!

Goodellsux

Well-Known Member
I have been working on my appeal and will be submitting tomorrow. If you have fought your denial, I'd appreciate a private discussion with you over coffee or through email. PM me here if you can help.

Thanks!
 

Gazelle Club

Active Member
I have been working on my appeal and will be submitting tomorrow. If you have fought your denial, I'd appreciate a private discussion with you over coffee or through email. PM me here if you can help.

Thanks!
Cite the following in your response to preserve your rights in case you lose the appeal and have to go to Superior Court

Its important to know that DPU regulations do not comport with the law!!

Warning: The list of disqualifying conditions cited does not comport to the law

The disqualifying conditions cited here:

http://www.mass.gov/eea/docs/dpu/transportation-network-company/disqualifying-conditions.pdf

and in Exhibit A here for the agreement with Raiser (an Uber subsidiary) and the state:

http://www.mass.gov/eea/docs/dpu/transportation-network-company/rasier.pdf

is no longer in effect. See last few paragraph below. It expired when the rule went into effect.

The law is here:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter159A1~2/Section4

For example take a look at the first link with disqualifying conditions:

It will disqualify you for:

Any violent crime, as defined 140, §121, or any assault or assault and battery, or any threat to commit such a crime, or any violation of a G.L. c. 209A restraining order, or any crime involving the illegal use or possession of weapons.



However that is bogus!!

Chapter 140 §121 does not deal with the definition of violent crimes.

It deals with firearms

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121

The correct section dealing with a violent crime is here which is Chapter 127 §133E

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVIII/Chapter127/Section133E

So both the state's and Uber's links do not even refer to the correct definitions!!

Secondly the law will not disqualify you for a CWOF or continued without a finding for assault or any of the other conditions save for a conviction for a violent crime contrary to what the state's or Uber's agreement with the state mention in the links above.

In fact the only disqualifying criminal record is the following which can be found here:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter159A1~2/Section4

(vii) has not had a conviction in the past 7 years for: (1) a sex offense or violent crime as defined in section 133E of chapter 127; (2) a crime under section 24 of chapter 90 or been assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court; (3) leaving the scene of property damage or personal injury caused by a motor vehicle; (4) felony robbery; or (5) felony fraud; and (the rest deals with driving record)

So if you have been disqualified based on the erroneous disqualifying link from the state or from Uber's agreement with the state.. it does not comport to the law.. contact an attorney to help you!!

What has happened is that both links were in effect only until the law was signed into effect.

So for example with Uber the agreement with the state that was signed only applies until the law was passed:



So when the law went into effect the Uber agreement and the link from the state for disqualifications is NO LONGER VALID

The only thing that is valid now is the law that i stated above and provided here again for convenience:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter159A1~2/Section4

Though the date of the above law was effective on November 3, 2016 it takes sixty days to become law so it became law on January 3, 2017 and as such made the Uber agreement and the disqualifying link void!!

Hope this helps!! Send me a pm and I will provide an email to forward me your appeal and I will be happy to take a look at it for you
 
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