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Uber wants court to stop Surrey 91Ƶfrom issuing illegal tickets91Ƶ

Ride-hailing company trying to 91Ƶdefend its right91Ƶ to operate in Surrey
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Surrey Mayor Doug McCallum says he has 91Ƶno concerns91Ƶ over Uber91Ƶs threat of legal action against the city. (Photos: Now-Leader/Flikr)

Uber is preparing to take legal action against the City of Surrey to 91Ƶdefend the right to access Uber91Ƶs apps91Ƶ in this city despite what Mayor Doug McCallum says.

91ƵUber has filed for an injunction with the Supreme Court of British Columbia to stop the City of Surrey from issuing illegal tickets,91Ƶ Michael van Hemmen, Uber91Ƶs Head of Western Canada, revealed in a press statement Tuesday. 91ƵThe city91Ƶs actions are unfair to local residents who want to earn money and support their families, It is also unfair to those who need a safe, affordable and reliable ride.91Ƶ

He said the injunction being sought is based on two key points: The first is the City of Surrey doesn91Ƶt have the authority to prevent Uber and similar companies from operating here, and the second is that McCallum has publicly stated that even if there was a Transportation Network Service business licence 91Ƶ which there is not 91Ƶ the city will not issue a business licence to a ridesharing company.

On Monday McCallum told reporters 18 warnings had been issued to Uber drivers to desist. 91ƵFor those who continue to operate in Surrey,91Ƶ McCallum said during a press conference at city hall, 91Ƶthere will no longer be any warning tickets and any violators caught will be ticketed and face a fine of $500.91Ƶ

The mayor argues that taxi drivers are also trying to support their families and need a 91Ƶlevel playing field91Ƶ with ride-hailing services.

A Tuesday press release from the ride-hailing company, which is locking horns with McCallum over its right to do business in Surrey, said the Uber app 91Ƶwill continue to be available to the residents and visitors of Surrey91Ƶ within its service area.

91ƵIt is highly unfortunate that the mayor is threatening drivers with fines that have no legal basis,91Ƶ Uber91Ƶs statement reads. It notes that Premier John Horgan and Transporation Minister Claire Trevena have been 91Ƶvery clear that municipalities do not have the authority to prevent ridesharing companies from operating.91Ƶ

McCallum came out swinging Monday afternoon, calling a presser to outline the city91Ƶs position on Uber operating here without a business licence, to which Uber maintains there is no licence it 91Ƶcould apply for or obtain.91Ƶ

According to provincial law, Uber notes, 91Ƶridesharing is not taxi.91Ƶ

91ƵUber is supportive of the Inter-Municipal Business Licence,91Ƶ its statement reads, 91Ƶand looks forward to obtaining an IMBL when it becomes available.91Ƶ

McCallum has positioned himself as the champion of the cab industry. He told reporters the taxi industry faces a cap of 2,500 cabs in Metro Vancouver while ride hailing companies face no caps.

91ƵThat91Ƶs not fair,91Ƶ McCallum said. 91ƵThere91Ƶs no level playing field.91Ƶ

He said Uber and other ride-hailing operations 91Ƶcan apply for the same licence taxis apply for.

91ƵThere is an option to do that.91Ƶ

91ƵAll we want is a level playing field, and then we welcome ride hailing on an equal basis,91Ƶ McCallum said. 91ƵIt91Ƶs free enterprise.91Ƶ

On Monday night, Councillor Linda Annis presented a notice of motion instructing city staff to prepare a report on ride hailing for council91Ƶs next meeting, 91Ƶwith some recommendations.91Ƶ

McCallum said the city doesn91Ƶt want to end up in court over this. 91ƵFrom Surrey91Ƶs point of view, we will not be doing any court challenges of it, but we will defend our right to make sure that in our highly regulated industry the people that are involved, the corporations that are involved, are given the same level playing field.91Ƶ

On Tuesday, again at city hall, McCallum was once again peppered with questions on ride hailing, such as his response to Uber91Ƶs threat of legal action.

91ƵI think we always received threats of legal action on a lot of tickets that our bylaw officers do,91Ƶ he said. 91ƵThat91Ƶs what all cities have.91Ƶ

91ƵNo, I have no concerns,91Ƶ he told a reporter who asked about Uber91Ƶs threat. 91ƵCouncil just went over, probably over 150 lawsuits, on Monday, or I don91Ƶt say lawsuits but legal things against us. Big cities have those things. In fact Surrey has probably fewer than a lot of big cities, we91Ƶre the 12th largest in Canada. We get lawsuits all the time.91Ƶ

Meantime, David Clement, North American affairs manager for the Consumer Choice Center, which represents consumers in more than 100 countries, says going after Uber drivers 91Ƶdoes nothing but hurt consumer choice and put public safety at risk.

91ƵWe know from peer-reviewed research that for every month ride sharing is legal, impaired driving arrests decline by eight per cent,91Ƶ Clement said. 91ƵMayor McCallum may say that he is trying to protect community safety, but the reality is that he is just trying to protect the taxi industry from competition. This is cronyism on full display.91Ƶ

Bob Bose, who served as Surrey91Ƶs mayor from 1988 until 1996, when he was defeated by McCallum, noted there has been no policy yet adopted by city council concerning the licensing of ride-hailing drivers and companies.

91ƵThe administration is acting, it would appear, solely on directives from the mayor91Ƶs office,91Ƶ he said. 91ƵThis is an important policy issue and staff should not be ticketing providers of the service without an established policy framework, that requires council approval.91Ƶ



tom.zytaruk@surreynowleader.com

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About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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