Local taxi alliance seeks injunction against Uber

Therecord.com
Nov. 28, 2015
By Paige Desmond

The Waterloo Region Taxi Alliance is warning regional officials of growing frustration among its drivers about Uber and is asking the government to seek an injunction against the ride-hailing app.

In a news release issued Thursday night, alliance president Bill Chester said drivers feel the region hasn't enforced its current taxi bylaw, which renders Uber illegal.

"If left unchecked we believe that this situation will accelerate where some will turn vigilantes by taking action against Uber and other bandit cabs," the release said.

In an interview, Chester said the alliance is working to keep its membership calm.

"They're frustrated with the lack of results and we're just hoping nothing ever happens," he said. "We're not threatening anybody."

Coun. Jane Mitchell, who chairs the Waterloo Region committee charged with overseeing the local industry, said she's frustrated as well.

The region is pursuing charges when it can, but after Uber started blocking local bylaw officers from booking rides collection of evidence has been a challenge.

"Myself, I'm very frustrated," Mitchell said. "I wish we would lay a lot more charges but unless you can get them past the justice system level, what can you do."

There have been 68 infractions by Uber drivers for operating in violation of the taxi bylaw and a total of six charges laid.

Kris Fletcher, director of council and administrative services, said five charges are being challenged.

"Our understanding is that they have the same lawyer for all five charges that has been provided to them via Uber," she said.

Uber representatives did not respond to inquiries from The Record.

Several penalties can be issued for violating the region's taxi bylaw, including $165 for driving without a taxi licence. Multiple convictions could lead to a fine of up to $25,000.

According to the taxi alliance, the conflict with Uber escalated last weekend when Uber drivers were apparently using taxi stands. That is not permitted.

Chester said an altercation between the two sides was barely avoided.

Fletcher said police and bylaw officials are discussing the taxi stand issue.

Waterloo Regional Police Staff Sgt. Mike Haffner said police met with the alliance Thursday and committed to a few actions. They include clarifying laws such as the Highway Traffic Act and Automobile Insurance Act with the regional prosecutor.

"It's futile to go out and enforce all these laws if there's going to be no substance to them or consequence to them," Haffner said.

He said there is some latitude in the laws and police need guidance.

In addition to asking for an injunction, the alliance also wants the region to issue a public safety warning that says Uber cars and other illegal taxis are dangerous.

"To maintain consumer protection and public safety, this is a must," Chester said.

The injunction and safety warning issues will be discussed at a closed meeting of council in coming weeks, Mitchell said.

"One thing I wouldn't want to do is inflame the whole situation," she said.

Police will also talk to the region about issuing a joint press release about ride-hailing and some frequently asked questions.

"Ultimately we support regulation in relation to fares or the transportation of people within our region," Haffner said.

The local taxi industry has been lobbying against Uber since the app launched here in July.

The Uber app allows almost anyone with a licence to offer rides-for-hire in their personal vehicle. The app allows people to book, track and pay for a ride with their smartphone.

The Region of Waterloo regulates the taxi industry and a new vehicle-for-hire bylaw to be approved next year is expected to make Uber legal provided drivers adhere to several safety regulations.

The taxi industry argues Uber's operations are creating a lawless, chaotic society.

They say other vehicles that are neither taxis nor Uber operators are starting to show up at taxi stands to pick up passengers.

These "bandit taxis," the industry says, mostly show up in the Waterloo bar district as establishments close at the end of the night.

"You don't know who's picking you up," Chester said. "It's becoming a lawless environment and that can't go on."

Haffner said a commitment was made Thursday to ensure officers are aware that only marked taxicabs can use taxi stands and that other vehicles should be asked to leave.

Uber and the other unlicensed taxis are costing cabbies business, Chester said.