Saturday, April 17, 2021

Court Rules Against Uber and its 83,000 Drivers

Colombia’s Constitutional Court has ruled against Uber with a verdict that affects 83,000 drivers affiliated to the technology platform. The decision follows a similar ruling last December by the European Court of Justice (ECJ) that argues Uber is a transportation company and not just a technology services company.

Photo of the Avenida Colombia tunnel in Cali, El Pais

The ECJ’s decision forces Uber to abide by the European Union’s strict licensing rules.

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Colombia’s Corte Constitutional denied two petitions from drivers who argued that the Ministry of Transport’s indecision on what constitutes a legal cab service infringes their constitutional right to work. The court dismissed the tutelas claiming that Uber must abide by the existing regulations set out by the Ministry of Transport, which clearly defines the role of “premium taxi companies.” To qualify as a premium cab company, all vehicles must be painted either yellow or white. Law 1753 of 2015 also states that private vehicles cannot be used as a taxi.

According to the court, the Ministry of Transport is also clear on the responsibility of  drivers affiliated to luxury cabs. All drivers are required to have a license within a specific category that allows them to transport passengers and are required to take out additional insurance. Until this ruling, Uber drivers were only required to have the Ministry of Transport’s standard category driving license and obligatory third-party liability insurance (Soat).

Following the European Court’s decision that Uber is “inherently a transport service,” nonprofessional drivers in Colombia affiliated to the app must also comply with all the requirements of professional drivers employed by yellow and white cab companies.

If Uber does not comply with the court’s ruling it continues to operate illegally in Colombia.

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As of the high court’s ruling, private drivers stopped by transit police transporting passengers face heavy fines and the impounding of their vehicles. According to the Policía de Tránsito, during the first 11 days of 2017, 216 cars have been immobilized for using illegal digital platforms.

Sources: The City Paper Bogota; El Tiempo; El Pais

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FACT CHECK:
We strive for accuracy in its reports. But if you see something that doesn’t look right, send us an email. The Q reviews and updates its content regularly to ensure it’s accuracy.

Rico
"Rico" is the crazy mind behind the Q media websites, a series of onlinemagazines that includes TodayColombia.com. Rico brings his special kind of savvy to online marketing. His websites are engaging, provocative, informative and sometimes off the wall, where you either like or you leave it. The same goes for him, like him or leave him.There is no middle ground. No compromises, only a passion to present reality as he sees it!

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