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UberX: officials suspend 40 drivers' vehicle registrations
The Roads and Maritime Services has launched a new crackdown on Uber drivers - this time taking their cars off the roads. After failing to prosecute UberX drivers in court, the agency has now suspended the registrations of 40 vehicles that were being used to provide ride-sharing services. The new approach, which mean the cars cannot be driven on roads for three months, comes just weeks before a task force examining the possible regulation of Uber in NSW is set to deliver its findings The fast-growing UberX platform, in which drivers offer taxi-like services in their private cars, is at present illegal under the NSW Passenger Transport Act.
Drivers have been issued with hefty fines but earlier this year the state government was forced to drop charges against 24 UberX drivers after after what it called "evidentiary issues". RMS safety and compliance director Peter Wells said the government was taking action against people who used or allowed the use of their vehicle for ride sharing. "Thousands of dollars in fines have already been issued to drivers offering illegal ride-sharing activities and compliance actions will continue," Mr Wells said. "If drivers continue to offer illegal ride-sharing services – they will continue to risk registration suspensions and fines." An Uber spokesperson said it appeared the 40 drivers had not been shown "due process" and the company was reviewing the legal options to challenge the suspensions. In the past, Uber has covered fines and court costs of drivers. The company has not yet responded to questions about what, if any, action it will take to support the 40 car owners who can no longer use their vehicles. The vehicle suspensions take effect from midnight, September 30. An RMS spokesman said that compliance operations will continue and further suspensions are expected. The move by the RMS comes amid the taxi industry's mounting hostility towards UberX. Hundreds of taxi drivers protested in the Sydney CBD earlier this month, angry that their concerns about the platform were not being addressed. Last week, Uber provided the state government and the taskforce with a proposal for legislative reform that would make ride-sharing apps legal. Under the proposal, ride-sharing drivers would be prohibited from taking street hails and rank work and not be able to accept cash or advanced bookings. Premier Mike Baird said the government would respond to the task force findings but until then "the status quo is the status quo and that's what we expect participants to abide by". (28/9/2015 Sydney Morning Herald)
我不清楚有多少國家對Uber的經營採取法律行動，也不清楚採取法律行動的程度，香港近期拘捕司機之後還不見甚麽進展，用Uber租車平台經營，在香港還是繼續進行。在悉尼，本年7月撤銷了24宗對Uber司機的檢控，報導講是涉及證據的問題，詳細情況我不清楚，但政府只針對司機而沒有針對Uber。撒銷控罪的原因是在其中一宗審訊，裁判官裁定NSW Roads and Maritime Services(相等於香港的運輸署)無權運用客運條例(Passenger Transport Act)作檢控。這裏不同香港，採取檢控坐言起行，較少人提出法律爭抝，個人罕有申請司法覆核，跟香港動輒就講司法覆核難以相比。報導講悉尼有4000司機加入Uber, 使用有關服務的市民多不勝數。 澳洲行業制度的要求一般比香港嚴格，在新南威爾斯州駕駛公共車輛涉及接載兒童的先要通過背景審查(clearance)，不涉兒童的也要有兩名人士確認司機聲譽良好(of good repute)，Uber司機不在機制之內，就可以避過一切要求，沒有客運執照引發保險問題不在話下。這一次RMS吊銷40輛車的登記3個月，比要告上法庭更加嚴厲，因為這些車輛連車主自用也不能夠，在道路上行走便會違反一連串的交通法例，可謂趕盡殺絕。不過，這次的行動經得起法律的挑戰嗎? 我要拭目以待了。無論如何，我一直最關注的是，萬一發生人身傷亡的意外，缺乏保險賠償，因而產生的民事索償。是否到了那個時候，才會引起警惕。的士服務使人詬病之處甚多，Uber車潛在的風險卻絕對不能忽視。一門在全球冒起的生意，似乎在全球都要面對類似的問題。 |
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