2015年9月30日星期三

Uber合法化

Uber to launch in Canberra; ACT government to cut taxi licence fees and regulate ride-sharing

Canberra's transport network is set for a major shake-up from October 30 as Uber begins local services and the ACT government moves to introduce accreditation and insurance rules for ride-sharing businesses.

Uber's arrival will see major concessions to the taxi industry including cuts to license fees twice by 2017, seeing a drop from $20,000 per year to $5000. Fees charged to hire car operators will also fall.

Chief Minister Andrew Barr and Greens Minister Shane Rattenbury will announce the plans as part of a review of Canberra's taxi industry on Wednesday, making the ACT the first Australian jurisdiction to regulate ride-sharing.

In a two-stage process, interim arrangements will come into force from the end of next month allowing ride-sharing drivers to take smartphone application and phone bookings. Only taxis will be allowed to pick up passengers from ranks and on the street.


Criminal history and background checks will be required for anyone behind the wheel. Taxi, hire cars and ride-share vehicles will all undergo safety inspections and drivers will be subject to five-year health assessments. The government will also introduce compulsory third party and property insurance requirements for all ride-sharing cars.

After new legislation is passed, stage two will see driver accreditation requirements and taxis and ride-sharing services regulated under new transport booking services rules.

Drivers will theoretically be able to take bookings from any company, but where a service restricts drivers from taking bookings from competitors, they will be considered employees and will be covered for workers' compensation and other benefits. Some drivers who don't own their vehicle could also be covered for workers' compensation.

Some rules for taxi drivers will be scrapped, including requirements for drivers' uniforms. Restrictive training requirements be scrapped and operators will no longer have to demonstrate their capacity to meet standards and financial viability.

Uber drivers will be required to be drug and alcohol free when behind the wheel and so-called "surge pricing" will be banned during emergencies. The company apologised after raising fares by as much as four times during December's Sydney siege.

Ride-share applications will have to offer fare ranges and customer complaint mechanisms. Standard passenger privacy protections for bank and personal information will apply.

Taxi surcharges for electronic payments will be capped at 5 per cent. Passengers will be able to agree to a fare through a ride-sharing application before their trip, and requests for up-front payments and tips will be banned.

Hire car licence fees will fall from $4600 to $100 and all transport booking services will pay a $600 application fee. Uber driver accreditation will cost $50 per person and licence fees will cost $100 a year or $400 for five years.

Uber passengers will not be able to pay with cash until legislation is passed, likely in late 2015 or 2016. Drivers will only be able to accept cash if a security camera is installed in the car.

Uber drivers will only be able to accept passengers from booking services and cannot be hailed or stop in taxi, loading or bus zones. Drivers must also complete a training accreditation course within six months of the laws being passed.

The plans come after 40 Uber drivers in Sydney were issued suspension notices on Monday after authorities failed to prosecute drivers in court. Like others states, NSW has not regulated the ride-sharing company despite its services operating on Sydney roads since April 2014.

About 100 Canberra taxi drivers went on strike earlier this month, calling on the ACT government to introduce regulations to ensure a level-playing field.

The Canberra Taxi Industry Association has routinely called for Uber to be required to comply with the same safety rules, rates and regulations that apply to taxi drivers.

Uber claims more than 3000 Canberrans have applied to become drivers, while hundreds have attended Canberra information sessions.

Mr Rattenbury said new public transport options were important for Canberra. He said disability access will be unchanged.

"These reforms are a win for Canberrans and those travelling to the territory, improving access to diverse transport options and competitive pricing," Mr Rattenbury said.
(30/9/2015 Sydney Morning Herald)

上一篇講新南威爾斯州針對Uber的經營而吊銷40輛車的登記,不同州各自為政,沒有統一方針。澳洲首都坎培拉率先立法,把Uber合法化。合法化之後的Uber還是不是以Uber原先的概念經營呢?

Uber在三藩市起家,悉尼是首個亞太區城市引進這種經營模式,坎培拉這次的Uber合法化可謂全球首創,但這種合法化的做法,完全改變了Uber的經營方式。首先,原本Uber和司機之間沒有僱主/僱員關係,沒有這種關係司機是個體戶,自己是老闆,勞工假期福利全無,工作時間及最低工資也沒有。坎培拉把Uber合法化,改變了整個經營運作,把它變成一間類似的士的客運公司,公司是司機的僱主。發牌制度及強制的保險,對乘客保障大了,公司和司機的皮費重了,收入少了。Uber的質素保證自然會降低,還有吸引力嗎?

政府因應市民需求,以合法化的手段引入競爭,既安撫的士司機對Uber搶客的不滿,又可以對使用Uber客運的市民提供安全保障,一石二鳥,快刀斬亂麻。回想香港的情況,恐怕要幾年,才能夠由諮詢講到草議法例,再拉下布,才能通過成為法例。 不是外國的月亮特别圓,而是香港的紛爭特别多,爭拗之間,便忘了為何爭拗了。



10 則留言:

  1. ... but where a service restricts drivers from taking bookings from competitors, they will be considered employees and will be covered for workers' compensation and other benefits.

    FWIW, since Uber does not restrict drivers from taking orders from its competitor such as Lyft, Uber is therefore not considered an employer of the drivers according to the post. I have not checked other authority though. This is purely based on the post you cited.

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    1. I would have thought the contrary. I think Uber wants to maintain its dominance and tries every means to hamper the operation of competitors. It is what I have found from wiki,

      Sabotage against competitors[edit]
      Uber issued an apology on January 24, 2014, after documents were leaked to the Valleywag and TechCrunch publications saying that, earlier in the month, Uber employees in New York City deliberately ordered rides from Gett, a newly established competitor, only to cancel them later. The purpose of the fake orders was two-fold: wasting drivers' time to obstruct legitimate customers from securing a car, and offering drivers incentives — including cash — to join Uber.[151] Uber later issued a statement about the incident on its website.[152]
      In August 2014, Lyft, another ridesharing service, reported to CNNMoney that 177 Uber employees had ordered and cancelled approximately 5,560 rides since October 2013, and that it had found links to Uber recruiters by cross-referencing the phone numbers involved. The CNN Money report identified one Lyft passenger who canceled 300 rides from May 26 to June 10, 2014, and who was identified as an Uber recruiter by seven different Lyft drivers. On this occasion, Uber did not issue an apology, but suggested in a statement on its website that the recruitment attempts were possibly independent parties trying to make money.[153][154] A Lyft spokesperson stated to CNN Money: "It's unfortunate for affected community members that they have used these tactics, as it wastes a driver's time and impacts the next passenger waiting for that driver."[153]
      Following a series of 2014 media articles, in which several allegations surfaced that Uber employed aggressive business practices, the news website Salon publication published an article on August 31, 2014 by staff writer Andrew Leonard, titled "Why Uber must be stopped." Leonard described Uber as "the closest thing we’ve got today to the living, breathing essence of unrestrained capitalism," and warned of the harms that will occur if the company achieves a "dominant market position in every major city on the globe."[155]

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    2. Bill,

      It is absolutely correct that Uber and Lyft do compete badly, possibly in a nasty manner, and Uber does want to maintain its dominance as you mentioned, but they do not make their drivers work exclusively for them. For example, lots of vehicles in San Francisco carry both Uber and Lyft signs.

      To further substantiate it, an agreement between the driver and Uber is included in the decision of Uber v. Berwick (see http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1988&context=historical), the agreement does not appear to contain an exclusivity clause.

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    3. Thanks. I just read Uber v Berwick you provided. The Court held that Uber is the employer of the driver. This is quite interesting. In that case, without restricting the driver from exclusively serving Uber, Uber can still be held as employer and subject to all sort of obligations.

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  2. 標少
    你可否為大家講解一下陳文敏的學術地位?謝謝。

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    1. 我不學無術,豈敢講,其實今日明報講了。

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  3. 在法律上接受Uber問題不大,最大的問題是的士的牌價。

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  4. 這宗案件由元朗警署刑事偵緝組第五隊控告上訴人普通襲擊、刑事恐嚇,對警方辦案程序異常,單憑報案人一方錄取口供,從無搜證只向我進行一次筆記簿型式盤問過程,並要求我交出本人持有智能手機就控告本人(普通襲)、(刑事恐嚇)兩項刑事檢控,警方將案件交由元朗警署形事調查隊第十三隊負責,元朗警署第十三隊警務人員從來沒有通知我、接觸我或協助調查,在不知情況下,上訴人)是在2014/04/22第二次到法庭過堂,才得知道元朗警署第十三隊警務人員將這宗案件分拆兩個時段,2014/03/20日晚上十時被控普通襲擊、刑事控嚇,2014/03/21日晚上凌晨凌時、凌分、被控普通襲擊、刑事恐嚇,重覆加控相同控罪,就轉變成兩宗普通襲人口兩宗刑事恐嚇,共四宗控罪,上訴人根本從沒向控方第一證人施襲恐嚇,但卻遭兩罪四控,即使上訴人即使犯案違規,但案中人物、時間、地點,完全相同

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