Council could write new bylaws now that Uber has pulled into town

Windsorstar.com
Nov. 14, 2015
By Craig Pearson

A day after Uber launched in Windsor, Mayor Drew Dilkens said the controversial ride-sharing service could face fines for not following local laws.

“This can’t be the wild, wild west,” Dilkens said Friday. “There has to be some regulation to make sure the public is safe.

“As of today, Uber could be subject to fines for violating the bylaw.”

The app-based company, which launched in Windsor on Thursday, provides rides without paying the same fees or following the same regulations as regular taxis - but that may change.

A report going to council Monday recommends hiring a consultant for up to $30,000 to help write new Windsor bylaws governing the new sharing economy.

Dilkens actually likes Uber, since he believes the new service creates jobs and offers consumers more choice. But he considers Uber a livery service - along the lines of limos - and thinks ride-sharing must follow the city’s Public Vehicles Licencing Bylaw.

Taxi drivers have the most rules to follow, since they must have licences that require a test, on-board cameras, meters, posted fare rates, and more. Livery drivers must have such things as licences, police background checks, and well-maintained cars.

Fines for breaking the public vehicles bylaw range from $55 to $205. Driving without a proper licence costs $105, plus court costs.

Dilkens acknowledged, however, that policing such infractions would be difficult, since Uber cars are not marked and have no central depot.

Deputy licence commissioner Gary Cian said the city’s 12 bylaw enforcement officers would hand out tickets, though they would only look into Uber following a complaint. He said Friday he had not yet heard of one.

The company founded in San Francisco in 2009 is now valued at $50 billion and is in more than 350 cities worldwide, including 40-plus in Ontario. But Uber is also facing a number of court challenges around the globe.

After a legal challenge from the City of Toronto this summer, however, a Superior Court judge ruled that Uber is a not a taxi service.

“As we saw from the recent Ontario court ruling, Uber is a new business model distinct from taxis,” said Uber Canada spokesperson Susie Heath. “We believe the right path forward is to develop common sense regulations and look forward to continuing our work with Mayor Dilkens, city council and city officials to help update regulations.

“A big part of our work across the province and everywhere that we operate is working with officials to update regulations to embrace ride-sharing.”

Dilkens wants to ensure that Uber drivers have police checks, enough insurance, and well-maintained vehicles. But contrary to what some people think, he did not invite Uber to town.

“I didn’t go out and recruit Uber to come to Windsor,” said Dilkens, who has used Uber before but not in Windsor.

“But it was pretty obvious just by looking at their website and seeing what they were doing that we were the next spot. So I wanted to be ahead of it, instead of reacting to their arrival.”