The the global company using a smartphone app to link riders with drivers has outsmarted transport authorities, leaving them scrambling to explain how Uber has apparently continued to break the law in the wake of threats of violence by metered taxi owners.
Vadi told Talk Radio 702: “At the moment there’s a lacuna in the legislation between a metered taxi association and chartered services. It doesn’t accommodate Uber from a legal point of view.
“In principle we’ve told them they have to register, and if not, they will not be allowed to operate. They’ll be an illegal operator. I think there is willingness on their part.”
In fact, according to independent transport analyst Paul Browning, the only law - the draft National Land Transport Amendment Bill which has provision for “e-hailing” - is yet to be passed or even put before Parliament.
“My understanding is that it has not yet gone to Cabinet for approval,” Browning said. “So it will still be some time before it is laid before Parliament. There has been criticism of the length of time it has taken the legal eagles to process the bill - and not only because of the e-hailing element.”
Copy of SS_Meter taxi 10 Metered taxis parked at the corner of Harrison and Fox streets in the Johannesburg CBD. File photo: Bongiwe Mchunu INLSA
Browning said the compromise that was being suggested - that Uber partner-drivers should apply for metered taxi operating licenses - was “clearly a fudge”, because the National Land Transport Act defined ‘metered taxi’ as being ‘equipped with a sealed meter’.
“If operating licenses are issued to Uber under this provision, the issuing authority might be accused of acting illegally,” he said. “In the transport field Uber has come out of the blue. I suppose we might have learnt from the tuk-tuk situation.”
