Sarah Leamon: The courts will resolve ride-hailing disputes, and don't count on Mayor Doug McCallum succeeding

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      Long-awaited ride sharing companies Uber and Lyft have arrived in Metro Vancouver with a bang, and not everyone is happy about it. 

      Notable opponents to the new transportation service include Metro Vancouver taxi companies and Surrey Mayor Doug McCallum. 

      McCallum has been attempting to halt operation of the ride-share companies in the largest suburb of the Lower Mainland altogether. In his battle to keep the companies out, he has directed city authorities and bylaw officers to hand out costly fines and warnings to drivers who operate within his jurisdiction. 

      Over the weekend, 18 Uber drivers received warning notices, threatening future fines in the amount of $500, should they continue to operate within Surrey city limits. 

      This seems to send a clear message to ride-share drivers: stay out of Surrey. 

      But McCallum insists that he is not anti-ride-hailing. In public statements, he has said that he will welcome services like Uber and Lyft in Surrey, but on particular terms. The first of which is that they must obtain appropriate business licences. 

      Sounds simple enough…but there’s a fly in the ointment. 

      The City of Surrey has no business-license category under which companies like Uber and Lyft may apply. 

      While the mayor insists that ride-hailing companies can theoretically apply for the same license as taxi companies, the reality of the situation is that city is not granting taxi licenses at this time. Moreover, these licences may not be applicable to ride-sharing services. 

      All in all, this has created a frustrating Catch-22—and one that may not be entirely legal.

      Uber has filed an application for an injunction against the City of Surrey, seeking to stop city authorities from issuing tickets to drivers operating within its boundaries. Uber argues that the tickets are illegal and  unfair to local residents looking to earn money as drivers, as well as to those wishing to use the service. 

      The matter is currently before the B.C. Supreme Court. 

      While general legal principles seem to indicate that provincial legislation allowing ride-hailing companies to operate within British Columbia will trump any municipal attempts to halt it, there is very little jurisprudence in this area, the reason being that cities and provinces tend to work together. 

      Uber

      No doubt, there will be many interested parties to this proceeding. 

      After all, the decision to allow ride-hailing services in this province has been a hotly contested one. 

      Even now, nine Metro Vancouver taxi companies have banded together in an attempt to push the competition out, filing a petition of their own seeking judicial relief. One injunction application seeks to stop both Uber and Lyft from operating, while another seeks to quash their operating licenses altogether. 

      They're bringing their action independent of the fact that the provincial Passenger Transportation Board granted operating licences just last week. 

      The matter of business licences is not as clear cut as it may sound. 

      While some licenses will allow drivers to operate in some cities, others will not. Due to the nature of the transportation industry and the geography of the Lower Mainland, drivers will expect to work in multiple cities throughout any given work day. And there’s where the issue of licensing can get tricky. 

      While some municipalities, like Vancouver and Richmond, have issued licences to Uber and Lyft, others have not yet have still allowed them to operate using a "mobile business licence". This allows companies that operate in multiple jurisdictions to do so under a single licence, thereby saving time, money and resources. Other jurisdictions, like Surrey, have taken a different approach altogether and it seems that Burnaby may be ready to follow suit. 

      But as the war wages on, it is citizens who will suffer.

      Ride-hailing companies offer employment opportunities and allow many drivers to supplement their income by operating outside of usual business hours. With the soaring cost of living in the Lower Mainland, many residents are struggling to make ends meet. The possibility of flexible working hours, without cumbersome investments in order to get started, is not just appealing to many, but essential. 

      On top of earning opportunities, ride-hailing companies also provide safe, convenient methods of transportation for people who may not otherwise be able to access it. Consider how difficult it can be to get a cab during the holiday season in Vancouver. With studies showing that ride-sharing reduces the rate of impaired driving, it is difficult to understand why some may want to work against it. 

      Whether you like it or not, ride-hailing companies are here to fill a much-needed service gap in our communities. 

      Citizens and industry alike would be best served by moving forward together, rather than fighting every inch of the road. 

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