Uber's NYC Driver Appeals Panel: Who Qualifies

In short: Uber has a New York City-only review panel where deactivated drivers can appeal. Uber's page about it says it is open to NYC TLC-licensed drivers with trips on an Uber NYC account, the American Arbitration Association (AAA) facilitates the hearings, and you can represent yourself or use an Independent Drivers Guild (IDG) representative. Zero-tolerance cases, low-rating cases and document problems do not go to the panel. Uber's page is dated June 29, 2020, so confirm with Uber that the panel still works this way before you rely on it.

The panel is separate from the Review Center in the Uber app, which is where most appeals start. This guide explains both and how they fit together.

Panel vs Review Center vs the city law

Drivers often mix up three different things. Only the first two exist today.

The city law is explained in NYC deactivation law (Local Law 52).

Which one do I use first?

Uber's current deactivation page says that "in most cases" drivers can request a review of a decision that removes their access, using the in-app Review Center, and that if there are steps to regain access, Uber includes them in its message. So the practical order is:

1. Read the message in the app. If it offers a way to regain access (such as uploading a document or taking a course), do that first.
2. Request a review in the Review Center and upload your evidence. This is usually the quickest route.
3. Ask about the NYC panel if the in-app review does not reinstate you and your case is not excluded. Mention that you are a NYC TLC-licensed driver with trips on an Uber NYC account.

Keep copies of everything you submit in each step. The same evidence works for the panel, and for a petition under the city law if it ever takes effect.

Who qualifies for the panel

According to Uber's panel page:

• Only New York City TLC-licensed drivers with trips on an Uber New York City account can apply.
• Most deactivation decisions can be appealed, but Uber decides eligibility case by case.

Cases the panel does not hear

Zero-tolerance violations. Uber says certain deactivation decisions, "especially those related to zero tolerance violations," are not eligible for appeal. Its examples are criminal activity on the app, such as theft or reckless driving, and physical or sexual altercations.

Low ratings. Uber says temporary, quality-related deactivations such as low ratings have a separate resolution process, and drivers should check their email for instructions. Uber's general deactivation page says drivers "may be able to regain access" by taking a course. See can I be deactivated for low ratings.

Waitlisted accounts. If your account is waitlisted, for example because of inactive documents, Uber says to use its help center to get back on the road. Usually this means uploading a current document.

Background checks. Uber's current deactivation page says losing access for a failed background check "is considered a loss of eligibility, not a deactivation," and is generally not part of the Review Center appeal process unless local law treats it as a deactivation. See failed Uber's background check.

How the panel process works

Who sits on the panel

Uber's 2020 page does not list the panel members. When the program started in 2016, a news report republished by the IAM (the union that IDG is affiliated with) quoted IDG's founder describing a "five-member 'peer panel' of drivers, selected by the guild and the company," and said Uber would keep "ultimate determination of eligibility" (IAM, 2016). That is a 2016 description; the current setup may differ.

The IDG's role

Uber says the program was developed "with the input from the Independent Drivers Guild," a Machinists Union affiliate, and that eligible drivers may have an IDG representative help make their argument. IDG is a driver organization, not a law firm. Contact IDG directly to ask whether it can represent you and whether membership or fees apply. Other groups are compared in NYC driver unions and advocacy groups.

How long it takes

For the in-app process, Uber's help article says Uber "will reach out to you with the final decision within 3 working days." Uber's panel page gives no timeline for panel hearings, so don't count on a specific date. Check the Review Center in the app for the status of your case, and keep a note of every date you submitted something.

Preparing your case

A panel hearing is your chance to explain, so prepare like you would for any hearing:

Stay calm and stick to facts. Explain what the evidence shows. If you made a mistake, say so honestly and explain what you have done to fix it. Do not invent details: if you don't remember, say that.

If the panel isn't available to you

• Zero-tolerance or background-check cases: read the deactivation path finder results for your case type, and consider a lawyer. See free legal help.
• Your TLC license is the problem: if TLC suspended or revoked your license, Uber can remove you for that, and the fix is with TLC. See TLC license revocation and does TLC handle Uber deactivations.
• Not sure what kind of removal you had: read is a lockout the same as a deactivation and the full plan in deactivated by Uber or Lyft: what to do.

Words on this page

• Deactivation: the app removes your account so you can't take trips.
• Review Center: the section of the Uber app where you request a review and upload evidence.
• AAA: the American Arbitration Association, a not-for-profit that Uber says facilitates the NYC hearings.
• IDG: the Independent Drivers Guild, a driver organization affiliated with the Machinists union (IAM).
• Just cause: a standard in NYC's blocked deactivation law; it does not apply to Uber's panel today.

This guide describes Uber's published process and is not legal advice. Uber may change its process at any time.