Posts by goforit
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But Uber going to get on top of every thing now with their talk of driverless flying cars, its a bit like flying pink elepants Lol. they haven't got driverless on the road cars right yet.
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Hi Ben, I have thought about this situation for several days and if the current NZ laws are aplied this would be the situation. I have broken it down to three situations;
(a) fully compliant driver with TSL/PSL
(b) dodgy driver using a TSL/PSL that belongs to someone else.
(c) fully non compliant driver as most Uber drivers now appear to be.As I have stated before the TSL/PSL is the legal idendity of the person or persons responsible for the service.
(a) fully compliant driver with TSL/PSL
The person shown on this document is responsible for all aspects of the service and if they employ a driver the TSL/PSL holder must pay all wages and holiday pay etc.
(b) dodgy driver using a TSL/PSL that belongs to someone else
As in above even though a driver may be using the TSL/PSL document in this way they legally can only be an employed driver (any other arrangement is illegal) and the name on the TSL/PSL document is still the responsible person for wages/holiday pay etc.
(c) fully non compliant driver as most Uber drivers now appear to be.
In this situation there is no responsible person in control as there is no documentation to that effect, note the certificate of regrisation does not prove the responsble person as in most cases a finanace compamy would be the legal owner of the vehicle used.
In this situation this is where Uber could have shot itself in the foot and they must be the person held responsible for the service and could be made to pay wages etc to there drivers under this arrangement. -
http://www.nzherald.co.nz/uber/search/results.cfm?kw1=uber
The tax man is acometh.
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http://nypost.com/2016/10/23/uber-warns-of-fake-driver-scam-spike-at-city-airports/
I did a giggle to myself when I read this, Uber is now complaining about others working their patch, was not to long ago Uber was the one working someone else's patch at this location. This is what happens when regulations are thrown out the window a free for all.
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Speaker: Confessions of an Uber Driver…, in reply to BenWilson,
Ben as you know I do agree with just about every thing you say and when and if the act is ammended most of the issues will disapear. All I am saying in the meantime the current act is the law and it has been tested and drivers over the years have been done under the law.
I have had several talks with the NZTA over this and have applied twice for an exemptions to the regulations (prebooked and pre agreed fares) to operate both my private hire vehicle and taxi (in private hire mode) using an app to meter the fare.and on both occassions been denied and the regulations and penalites high lighted to me. This tells me even though a blind eye has been turned a complaint is received by NZTA from the public over these issues the law would be enforced.
The review and changes to the act was asked for by Uber and I have the feeling when the changes become law Uber just going to ignore them. On the positive side Uber I think by ignoring the changes will have the law enforcers (NZTA and IRD and other gov't departments) go them big time.
When the changes take place I think you will find the taxi industry also become the bulk of the private hire industry and take the lead in both fields -
We are not talking about a taxi fare that is metered but a private hire fare that must be agreed upon in advance, usually most private hire operators say for instance $25 per hour or part of an hour and that usually covers variations.
You may say its a farcical but it is the transport act at the moment, when the act chonges the method of calculation must be agreed upon before the hire commences. -
Speaker: Confessions of an Uber Driver…, in reply to Rich of Observationz,
(what happens if you book a conventional private hire and decide you want to divert?)
When this happens and of course it does occassionly, a new price has to be negotiated at the time of changed circumstances.
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Speaker: Confessions of an Uber Driver…, in reply to BenWilson,
And let’s be even more specific. Zoomy itself is not offering the private hire service. That is done by each driver. Their sole violation of the law is that they don’t fix a price for the trip beforehand, or charge an hourly rate fixed beforehand.
Dont forget on demand which is also covered in the act. Zoomy maynot be the actual operator of each vehicle but they provide the communication of such. Under the current act there is 5 forms of small passenger service and the one that descibes the Zoomy operation is a taxi service therefore the regulations around taxi service must be complied to. Zoomy is aware of all the regulation as it was not to long ago they only despatched to the taxi service stating that was the law in force and now because of the effect Uber had on the taxi industry Zoomy followed ignoring the same act they once complied to.
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One cannot choose which regulation they wish to be compliant with and which regulation does not suit them, Uber has shown us ignore one or two regulations in the beginning and then ignore the rest of them. Innovation is a good thing and should be encouraged, the innovation that Uber and the other app operators use is not a reason to ignore the regulations as after all those innovations could and should still follow the current regulations. Because the small passenger transport service is already deregulated as opposed to the closed shop regulations in most overseas countries there was already an over supply (4,000 in Auckland alone) of compliant drivers available in this country that the Uber operation should and could have tapped into. When the regulations change that is another story to be explored.
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Speaker: Confessions of an Uber Driver…, in reply to linger,
Work the drivers longer for less profit, it has been proven that there are plenty of drivers that just flock to this model and of course the public just love supporting this model.