Uber accuses Surrey of 'bullying' drivers by fining them in their city
Credit to Author: Susan Lazaruk| Date: Thu, 30 Jan 2020 01:24:52 +0000
Uber vowed Wednesday to fight for its right to operate a ride-hailing company in Surrey, despite the threat of fines against it and against its drivers.
“We are actually looking to stop Surrey from the bullying that drivers are facing by being drawn out and going through this process with the bylaw officer,” said Michael van Hemmen, Uber’s head of Western Canada for Uber. “It’s a very unfortunate situation.
“We’re going to court to ensure that Surrey will stop issuing these illegal fines,” he told a news conference at the firm’s public relations offices in downtown Vancouver.
The city has issued 18 warning tickets to Uber drivers picking up fares in Surrey where Mayor Doug McCallum said the next tickets will be $500 for each ride. Uber has also been fined.
Van Hemmen said Uber on Tuesday filed a request for an injunction against the fines in B.C. Supreme Court to allow its drivers to pick up fares in Surrey “without the threat of illegal fines.”
He said the province has granted Uber and Lyft the right to operate in the region that includes Surrey.
“Cities are unable to prohibit operations,” he said.
Michael van Hemmen, head of Western Canada for Uber, speaks to reporters at a media conference in Vancouver on Jan. 29, 2020 to announce the company is seeking an injunction to stop Surrey from ticketing its drivers.
The company has faced other legal challenges in other jurisdictions but van Hemmen said: “We expect to win this. There hasn’t been another situation quite like this. The city of Surrey’s actions are unfair to residents who want to earn money, and to those who need a safe, affordable, reliable ride.”
Van Hemmen said Uber would support the drivers issued fines but wouldn’t say whether Uber would pay the drivers’ fines.
“First thing is we’re taking legal action to stop fines from actually happening and we’re expecting there will be a legal process that will flow from that,” he said.
Van Hemmen said Uber is willing to pay licensing fees but Surrey hasn’t created a licence for ride-hailing and city staff has told Uber ride-hailing companies aren’t eligible for a taxi licence.
Van Hemmen said they are “behind goal” in the number of drivers Uber expected to sign up by now. He said it has been an “adjustment period” in the first five days of service, causing longer waits than usual for cars.
“We don’t have enough drivers (yet) to ensure that rides are happening, so we need lots of drivers and we hope people are patient,” he said. “There’s lots of demand for rides across the entire region, especially downtown.”
Surrey Mayor Doug McCallum addresses his concerns regarding ride hailing, at City Hall in Surrey, BC, January 27, 2020.
Uber is also defending a labour relation board challenge by the UFCW, which wants drivers to be considered employees not independent contractors so they could be protected by employment standards.
“We responded to the LRB filing and that’s going on,” van Hemmen said. “We’re very strong in our position that the action that was taken is something we will be successful with.”
Uber has told drivers the app will remain available in Surrey and it’s up to drivers whether they work there.
McCallum told reporters the city’s lawyers have informed him Surrey has the legal right to fine Uber and its drivers because they don’t have a business licence.
Uber has not shied away from legal fights with other jurisdictions, such as New York City, the State of California and Sokie, Ill.
Minister of Transportation Claire Trevena has said no municipality has the authority to block ride-hailing, but they do have the ability to regulate the service through business licensing.
She also said how a city enforces its business licensing and bylaws is up to them.
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