Will Hamilton step up to regulate Uber?

Thespec.com
Sept. 15, 2015
By Matthew Van Dongen

Hamilton is falling behind other Ontario cities in dealing with bylaw-flouting taxis even as it begins to charge local Uber drivers.

The city filed 23 taxi bylaw charges against seven Uber drivers and a related vehicle owner last Thursday. It's likely the charges will stick: in Ottawa, 116 of 142 similar charges have resulted in guilty pleas and $39,000 in fines. Toronto has laid 200-plus charges, while Waterloo Region is probing 65 complaints.

But those Uber-hosting municipalities - unlike Hamilton - are also pushing ahead immediately with specific plans to change the rules to account for the sharing economy.

Hamilton plans to review its entire licensing regime over two years - but faster rule changes aimed specifically at Uber or the taxi industry require council direction, said licensing director Ken Leendertse.

Coun. Sam Merulla said he invited Uber months ago to speak to council and kick-start that discussion, but the meeting was repeatedly put off and is now slated for late October. Uber spokesperson Xavier Van Chau reiterated the company believes in a "regulatory solution," but didn't specify what that should look like.

"What we understand from our staff is that (Uber officials) are willing to be regulated, which is positive," Merulla said. "We want to hear from them, ask the appropriate questions and move forward."

Uber hit the streets in Hamilton and Waterloo Region in July.

But in Waterloo, the public is already weighing in on a draft bylaw meant to separately regulate Uber drivers as early as January, said Coun. Jane Mitchell.

The bylaw, which could still change, requires Uber drivers to have a licence, commercial insurance, security cameras and vehicle inspections.

"Uber has said it will co-operate (with regulations, so I guess we'll see, very soon," she said.

Ottawa's council decided in May to hire a consultant and partner with a public policy research group to review its taxi bylaws, with a final report to be ready by the end of the year.

"We're going to continue to enforce. The law is the law," said Coun. Diane Deans, chair of the committee overseeing Ottawa's review. "But I think regulatory changes are likely. There are clearly emerging issues here that we can't ignore."

Some of those issues are showing up on YouTube - including a video Monday that purports to show a cabbie threatening an Uber driver. Other cabbies are posting videos of Uber drivers allegedly breaking the law in the hopes of sparking more enforcement.

In Toronto, where the city challenged the legality of Uber in court and failed, bureaucrats have pitched a two-tier regulatory regime designed to include the service. But the report makes clear the city remains concerned about issues like how to ensure vehicles used by Uber drivers are safe and appropriately insured.

Toronto Coun. Jim Karygiannis, a vocal Uber opponent, said he'll oppose many of the recommendations.

"This is unfair to taxi workers who follow the law and it's not safe for residents who end up in these vehicles," he said.