No Car Seat, How to Cancel

Rider appears with a toddler and no car seat and I told him I wouldn't take them. Whats the proper way to cancel and still get a fee?
 
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darkshy77

Well-Known Member
Texas Uber should be classified as a taxi... No seat needed.... Tell the cop your a school bus
 

Uberdancer

Well-Known Member
In some states, it's the driver's ticket if they get pulled over with a kid not in a car seat. In CA, the driver is OK as long as the parent/guardian is in the car (they will get the ticket, not the driver).

... You ought to make sure the "adult" is the parent and not the uncle, aunt, elder brother, elder sister, grandpa, grandma, cousin, guardian, or nanny ...

Oooops!!!

IMG_0939.JPG

 
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sd1303

Well-Known Member
"...However, a driver can’t be cited for a child safety seat violation if a parent of the child is also a passenger in the vehicle...."
(Cal. Veh. Code §§ 27360, 27360.5, 27360.6, 12810(h) (2017).)

http://www.drivinglaws.org/resources/traffic-tickets/traffic-laws/california-child-restraint-laws.ht

That site has paraphrased the law for you. The law actually says:

27360(c) This section [child seat requirements] does not apply to a driver if the parent or legal guardian of the child is a passenger in the motor vehicle.

... which matches perfectly with what I said above. Never claimed that uncle, aunt, or nanny were covered.
 

sd1303

Well-Known Member
Will you perform a blood test to confirm that they are the parent?

Cancel, no show.

Nope. If I don't want to mess with it, I'll do the same thing as you - cancel.

If I want to make it work (for me), I will ask if they are the child's mom/dad. If they say yes, then I will use the dash cam footage if their story changes when we get pulled over.
 

Blue Poodle

Well-Known Member
Nope. If I don't want to mess with it, I'll do the same thing as you - cancel.

If I want to make it work (for me), I will ask if they are the child's mom/dad. If they say yes, then I will use the dash cam footage if their story changes when we get pulled over.

Won't matter for you, even if they lie. The law is pretty unforgiving. They weren't the parent.

Cancel, no show. A driver will eventually take them, but the annoyance alone will hopefully encourage a change in their behavior.

Big surge, all laws are ignored of course.
 

sd1303

Well-Known Member
Won't matter for you, even if they lie. The law is pretty unforgiving. They weren't the parent.

Cancel, no show. A driver will eventually take them, but the annoyance alone will hopefully encourage a change in their behavior.

Big surge, all laws are ignored of course.

So you must be requesting ID from every young person you transport, right? Illegal in many states to transport an unaccompanied minor in an Uber.

Yes, it's managed risk... and usually involves the 'big surge' situation you mentioned. If a cop wants to give me a ticket because I acted in good faith on someone else's misrepresentation, then I'll take my chances with a judge.
 

Disgusted Driver

Well-Known Member
While the ticket is of concern and in some states it will fall on you, done not BUT what happens if you are in an accident? I'll bet you James river will try not to pay claiming you violated the law, ... and the parents will sure you for letting them do it!
 

REX HAVOC

Well-Known Member
Rider appears with a toddler and no car seat and I told him I wouldn't take them. Whats the proper way to cancel and still get a fee?
This is a simple one. You decline the ride and ask them to cancel, and if they say "You cancel" you can either wait until the 3 minute mark, cancel and get a no show fee or wait them out which is what I've done. Eventually they get the message and cancel the ride.
 

sd1303

Well-Known Member
While the ticket is of concern and in some states it will fall on you, done not BUT what happens if you are in an accident? I'll bet you James river will try not to pay claiming you violated the law, ... and the parents will sure you for letting them do it!

If you get in an accident while driving Uber and a child is seriously injured, you're going to get sued. James River will try to escape liability in every way possible. This does not mean they'll be successful. The parents want James River's $2 million, not your 2012 Accord and studio apartment.

Again, managed risk.

I comply with my obligations under the law. Front seat passenger must be eight or older and seatbelted. One passenger per seatbelt. If there are car seat-aged kids in the car, I will ask if the adult passenger is the parent. The concepts of 'good faith' and 'reasonable under the circumstances' are not meaningless.

Again, if the whole situation is just not worth it, I'll cancel and drive off.
 
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