logo logo

July 14, 2015 – Statement By Jim Karygiannis – Pan Am Visitors – UberX passengers of unlicensed taxis can now be possibly fined up to $20,000

“I want to take this time to welcome visitors to Toronto who are here to enjoy the Pan Am Games as well as all of the other cultural festivals & events occurring in our city.

I am a strong believer in improved passenger safety and consumer protection. My statement today serves to achieve both.

Today, I want to issue a warning to Toronto residents and visitors about the use of unlicensed, taxicabs some-times referred to as UberX or Lyft.

On Friday July 3, 2015 Justice Dunphy, in his ruling on the City of Toronto’s application for a injunction against Uber, found that Uber, the company, does not arrange rides. In essence, passengers arrange rides directly with unlicensed UberX drivers.

After careful consideration, I am convinced that the unintended consequence of Justice Dunphy’s (Click here: UBER PASSENGERS CAN BE CHARGED) ruling is that passengers of Uberx may be charged by Toronto Police under the Highway Traffic Act.

Section 39 of the Highway traffic Act specifically says in part

(3) No person shall arrange or offer to arrange for a passenger to be picked up in a motor vehicle other than a bus for the purpose of being transported for compensation except under the licence, permit or authorization that is required to do so, as described in subsection (1). 2005, c. 26, Sched. A, s. 4.
And further,

(8) Every person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $20,000. 2005, c. 26, Sched. A, s. 4
In other words, what use to be the responsibility of UBER is now the responsibility of passengers who arrange rides for themselves and friends in an UBERX car. UBER, the company, is off the hook, and passengers and Ub-erX drivers are in the frying pan.

Passengers can be fined between $300 and $20,000 because of Justice Dunphy’s ruling. While I might disagree with the judges findings, it is now part of the law of the land and residents should be warned.
The purpose of my statement today is to give fair warning to Toronto residents and visitors that they too could be charged once Toronto Police reinstate their enforcement of illegal taxis under the Highway Traffic Act.

The Mayor and members of Toronto City Council unanimously requested that police and by-law officers come down hard on bandit taxis. Passengers too can get caught in the dragnet.

Fourteen UberX drivers have already been charged and I am certain more are to come.
Visitors and Toronto residents should be warned. My advice; when in doubt, use a licensed taxicab.”

Highway Traffic Act

39.1 (1) A driver of a motor vehicle other than a bus shall not pick up a passenger for the purpose of transporting him or her for compensation where a licence, permit or authorization is required to do so by,

(a) the Public Vehicles Act;

(b) a municipal by-law passed under Part IV of the Municipal Act, 2001;

(c) a regulation made under the Department of Transport Act (Canada); or

(d) an airport or airport authority,

except under the authority of such licence, permit or authorization. 2005, c. 26, Sched. A, s. 4.

(3) No person shall arrange or offer to arrange for a passenger to be picked up in a motor ve-hicle other than a bus for the purpose of being transported for compensation except under the licence, permit or au-thorization that is required to do so, as described in subsection (1). 2005, c. 26, Sched. A, s. 4.

(8) Every person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $20,000. 2005, c. 26, Sched. A, s. 4

Trackback from your site.