In the past few days, many provinces and cities in China have successively issued management norms for online car-hailing, and the "Beijing People, Beijing Car" and "Shanghai Car" represented by Beijing and Shanghai have aroused a lot of discussion.
In fact, both at home and abroad, online car-hailing has been controversial since its inception. Take Uber as an example. Although it has entered many countries, it has also attracted many legal disputes. Some cities in France, Japan, Belgium and other countries do not even allow Uber and other online car-hailing software to provide taxi services in the local area. At the same time, some countries and cities recognize the legal status of online car-hailing.
Janice Griffiths, a professor at Suffolk University Law School in the United States, said in an interview with the Beijing Times reporter that despite the opposition of traditional taxi industry practitioners, it is obviously not a wise move for government departments to ban online car-hailing services. At the same time, as many places have introduced management measures for online car-hailing, Griffiths said that the management of online car-hailing and traditional taxis may eventually be merged into one.
By Wei Zhangning, reporter of Beijing Times
□ London, UK
Drivers must undergo rigorous review when applying for a license
Dan Maiskell, the press officer of the London Transport Bureau, told the Beijing Times that in London, if a private car wants to carry passengers, the driver’s own vehicle needs to apply for a license from the Transport Bureau, and only licensed people and cars can engage in this industry.
In addition, for drivers, applicants must be at least 21 years old, have a legal driver’s license and drive for more than three years, and must also "have the legal status to live and work in the UK"; at the same time, the Transport Bureau also requires applicants to be of good character. To prove this content, applicants need to undergo a criminal record check, and those without records can apply. In addition, applicants must also be in good health and undergo necessary medical examinations.
Only those who meet the above conditions can apply for a license. To apply for a license, you need to register an account with the official website of the Department of Transport and then fill in a series of forms. At the same time, applicants must also pass a test on information about London’s terrain and road conditions. Only tour guides and those who have previously passed such exams or taxi driver tests are exempt from this test.
Applicants also have to pay an application fee of about ￡300, including the cost of some forms and the cost of various tests. The Department of Transport also stipulates that licensed drivers must wear corresponding badges and must carry disabled people without pay.
As of October 9, 2016, Transport for London had issued a total of 113,099 private driver licenses and 83,438 private hire vehicle licenses. Maiskell said this number continues to increase.
In order to ensure the orderly operation of the taxi market, there are also some local practices in the management of road sections in London, such as dedicated bus lanes, where black taxis can be shared. In addition, there are also special sections for black taxis (traditional London taxis with black appearance) to stop and pick up passengers at train stations or airports. In these places, online taxis cannot be occupied. At the same time, taxis can be beckoned to stop immediately, while online taxis can only be booked in advance.
According to Mr. Messkell, the main difference between London taxi drivers and ride-hailing drivers is their knowledge of London. Taxi drivers often pass a rigorous test, have a good understanding of the city’s terrain, can memorize the names of 25,000 streets, and are familiar with landmarks within a six-mile radius around Charing Cross Road. While ride-hailing drivers have undergone relevant tests, the requirements are not as strict as the aforementioned taxi drivers.
New York, USA
New rules define "transport internet company"
In New York, private cars that want to carry passengers also need to apply for a license from the New York Department of Transportation. According to requirements, applicants for licenses must be at least 19 years old, and within 15 months from the latest violation record, the driver’s license can not deduct more than 5 points.
At the time of application, you need to provide your driver’s license and various relevant documents to the transportation department, including driving skills certificates, etc. At the same time, you need to complete a drug test and go to the relevant department to enter your fingerprints. Applicants also need to undergo a series of training courses, including how to provide services to people with disabilities, determine whether there is human trafficking, and complete a total of 24 hours of courses. After the applicant submits the form, the transportation department will evaluate the applicant’s background, including their driving violations and whether there is any illegal behavior. At the same time, drivers must also have purchased qualified insurance and a valid registered local vehicle.
At present, drivers in New York must have this license. At the same time, in response to the increasing popularity of online ride-hailing services in recent years, the New York Department of Transportation issued a new rule in June 2015, which defines online ride-hailing service providers as "transportation internet companies".
According to regulations, private vehicles joining the ride-hailing platform company must complete a comprehensive safety inspection including 19 vehicle parts in accordance with regulations before providing services. After that, the platform company is obliged to ensure that the vehicle is subject to the same inspection every year and keep inspection records for review. At the same time, heavily modified vehicles are prohibited from being used in ride-hailing operations.
Janice Griffiths, a professor at Suffolk University School of Law, told the Beijing Times that many states in the United States have now recognized the legal status of online car-hailing, and there are also relevant requirements for drivers engaged in the industry, but there is no specific requirement that drivers must be local or similar requirements.
New Delhi, India
The federal government can set a price ceiling
In October 2015, the Ministry of Roads and Transport of India issued the "Guiding Opinions on the Regulation of Online Car-hailing." According to the requirements of this guidance, all vehicles of online car-hailing platforms cannot cruise to pick up customers, and will be managed by the classification of rental and cruise. At the same time, these platforms are required to have sufficient service capabilities, such as setting up 24/7 call centers and establishing driver training programs (including industry regulations, traffic safety, labor laws, service skills, etc.).
In addition, private vehicles carrying passengers must have a license to operate in the operating area, commercial insurance including third-party liability insurance, vehicle positioning facilities, and general certification and metering facilities (the Ministry of Road and Traffic has separately formulated technical standards to ensure that different platforms and different regions can be used). At the same time, vehicles must carry a first aid kit, and emergency safety buttons should be installed where required. The positioning facility must be able to record the driver’s driving time to ensure safe driving. The platform must not force minimum online and driving hours, but the maximum working hours must not violate the law.
According to the requirements of the opinion, drivers engaged in the online car-hailing industry in New Delhi must obtain a driving license or other qualifications stipulated by law (such as a public service license), a driver verification report issued by the public security department, and the contact information of the driver’s two family members.
In addition, unlike in Western countries, the guidance also stipulates that the federal government or regulators can set maximum prices.
■ statement
American experts: Future management system may merge into one
With the rise of ride-hailing services around the world, the traditional taxi industry is facing great challenges. There have been cases of traditional taxi drivers boycotting online ride-hailing in some countries.
Janice Griffiths, a professor at Suffolk University School of Law in the United States, said that online car-hailing relies on its high service efficiency and relatively low prices to win people’s favor, while traditional taxi drivers’ dissatisfaction with online car-hailing is overwhelmingly due to the belief that online car-hailing is subject to fewer constraints, unlike the traditional taxi industry, which is subject to various strict restrictions from vehicles, drivers, companies, and other aspects. At the same time, taxi drivers also need to pay a considerable amount of fees.
Today, most people already feel the convenience of online car-hailing services, so it is not a wise choice for government departments to ban online car-hailing services. Even if the traditional taxi industry benefits in the short term, in the long run, the government department will still face pressure from the public for banning online car-hailing services.
At present, many places are gradually improving the management of online car-hailing. In most cases, government departments separate online car-hailing from traditional taxis and use two separate methods for management. However, Griffith believes that it is impossible to say what the future of online car-hailing will be. Perhaps as the management methods become more detailed, the two different management systems may eventually be merged into one.
