Uber is preparing to take legal action against the City of Surrey to 㽶Ƶֱdefend the right to access Uber㽶Ƶֱs apps㽶Ƶֱ in this city despite what Mayor Doug McCallum says.
㽶ƵֱUber has filed for an injunction with the Supreme Court of British Columbia to stop the City of Surrey from issuing illegal tickets,㽶Ƶֱ Michael van Hemmen, Uber㽶Ƶֱs Head of Western Canada, revealed in a press statement Tuesday. 㽶ƵֱThe city㽶Ƶֱs actions are unfair to local residents who want to earn money and support their families, It is also unfair to those who need a safe, affordable and reliable ride.㽶Ƶֱ
He said the injunction being sought is based on two key points: The first is the City of Surrey doesn㽶Ƶֱt have the authority to prevent Uber and similar companies from operating here, and the second is that McCallum has publicly stated that even if there was a Transportation Network Service business licence 㽶Ƶֱ which there is not 㽶Ƶֱ the city will not issue a business licence to a ridesharing company.
On Monday McCallum told reporters 18 warnings had been issued to Uber drivers to desist. 㽶ƵֱFor those who continue to operate in Surrey,㽶Ƶֱ McCallum said during a press conference at city hall, 㽶Ƶֱthere will no longer be any warning tickets and any violators caught will be ticketed and face a fine of $500.㽶Ƶֱ
The mayor argues that taxi drivers are also trying to support their families and need a 㽶Ƶֱlevel playing field㽶Ƶֱ with ride-hailing services.
A Tuesday press release from the ride-hailing company, which is locking horns with McCallum over its right to do business in Surrey, said the Uber app 㽶Ƶֱwill continue to be available to the residents and visitors of Surrey㽶Ƶֱ within its service area.
㽶ƵֱIt is highly unfortunate that the mayor is threatening drivers with fines that have no legal basis,㽶Ƶֱ Uber㽶Ƶֱs statement reads. It notes that Premier John Horgan and Transporation Minister Claire Trevena have been 㽶Ƶֱvery clear that municipalities do not have the authority to prevent ridesharing companies from operating.㽶Ƶֱ
McCallum came out swinging Monday afternoon, calling a presser to outline the city㽶Ƶֱs position on Uber operating here without a business licence, to which Uber maintains there is no licence it 㽶Ƶֱcould apply for or obtain.㽶Ƶֱ
According to provincial law, Uber notes, 㽶Ƶֱridesharing is not taxi.㽶Ƶֱ
㽶ƵֱUber is supportive of the Inter-Municipal Business Licence,㽶Ƶֱ its statement reads, 㽶Ƶֱand looks forward to obtaining an IMBL when it becomes available.㽶Ƶֱ
McCallum has positioned himself as the champion of the cab industry. He told reporters the taxi industry faces a cap of 2,500 cabs in Metro Vancouver while ride hailing companies face no caps.
㽶ƵֱThat㽶Ƶֱs not fair,㽶Ƶֱ McCallum said. 㽶ƵֱThere㽶Ƶֱs no level playing field.㽶Ƶֱ
He said Uber and other ride-hailing operations 㽶Ƶֱcan apply for the same licence taxis apply for.
㽶ƵֱThere is an option to do that.㽶Ƶֱ
㽶ƵֱAll we want is a level playing field, and then we welcome ride hailing on an equal basis,㽶Ƶֱ McCallum said. 㽶ƵֱIt㽶Ƶֱs free enterprise.㽶Ƶֱ
On Monday night, Councillor Linda Annis presented a notice of motion instructing city staff to prepare a report on ride hailing for council㽶Ƶֱs next meeting, 㽶Ƶֱwith some recommendations.㽶Ƶֱ
McCallum said the city doesn㽶Ƶֱt want to end up in court over this. 㽶ƵֱFrom Surrey㽶Ƶֱs point of view, we will not be doing any court challenges of it, but we will defend our right to make sure that in our highly regulated industry the people that are involved, the corporations that are involved, are given the same level playing field.㽶Ƶֱ
On Tuesday, again at city hall, McCallum was once again peppered with questions on ride hailing, such as his response to Uber㽶Ƶֱs threat of legal action.
㽶ƵֱI think we always received threats of legal action on a lot of tickets that our bylaw officers do,㽶Ƶֱ he said. 㽶ƵֱThat㽶Ƶֱs what all cities have.㽶Ƶֱ
㽶ƵֱNo, I have no concerns,㽶Ƶֱ he told a reporter who asked about Uber㽶Ƶֱs threat. 㽶ƵֱCouncil just went over, probably over 150 lawsuits, on Monday, or I don㽶Ƶֱt say lawsuits but legal things against us. Big cities have those things. In fact Surrey has probably fewer than a lot of big cities, we㽶Ƶֱre the 12th largest in Canada. We get lawsuits all the time.㽶Ƶֱ
Meantime, David Clement, North American affairs manager for the Consumer Choice Center, which represents consumers in more than 100 countries, says going after Uber drivers 㽶Ƶֱdoes nothing but hurt consumer choice and put public safety at risk.
㽶ƵֱWe know from peer-reviewed research that for every month ride sharing is legal, impaired driving arrests decline by eight per cent,㽶Ƶֱ Clement said. 㽶ƵֱMayor McCallum may say that he is trying to protect community safety, but the reality is that he is just trying to protect the taxi industry from competition. This is cronyism on full display.㽶Ƶֱ
Bob Bose, who served as Surrey㽶Ƶֱs mayor from 1988 until 1996, when he was defeated by McCallum, noted there has been no policy yet adopted by city council concerning the licensing of ride-hailing drivers and companies.
㽶ƵֱThe administration is acting, it would appear, solely on directives from the mayor㽶Ƶֱs office,㽶Ƶֱ he said. 㽶ƵֱThis is an important policy issue and staff should not be ticketing providers of the service without an established policy framework, that requires council approval.㽶Ƶֱ
tom.zytaruk@surreynowleader.com
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