Melbourne Uber Driver Wins County Court Appeal Against Taxi Commission
Thursday 19 May 2016 @ 10.35 a.m. | Legal Research
A Melbourne Uber driver has won an appeal in the Victorian County Court, overturning a $900 fine he had received for operating a commercial vehicle without a licence. ABC News described the case as “a landmark test case which effectively legalises the service in Victoria”. The case has been received with delight by Uber advocates but labelled as “disappointing” by the Taxi Association. The Victorian Government has not yet made a decision on regulating Uber.
Mr Nathan Brenner was originally ordered to pay a $900 fine and the prosecution costs of the Victorian Taxi Commission in December 2015 at the Melbourne Magistrates Court. He was found guilty of two counts of operating without a licence and one count of driving a commercial passenger vehicle without accreditation. The Age reported “[h]e was the first Uber driver in Victoria to be found guilty of operating a hire car without a hire car licence and was one of 15 UberX drivers caught in an undercover operation by Taxi Services Commission staff posing as customers in August, 2014.”
However, the County Court of Victoria reversed the finding and ordered the Victorian Taxi Commission to pay Mr Brenner’s legal costs. According to The Age, the case reportedly was dismissed due to section 159 of the Transport (Compliance and Miscellaneous) Act 1983, which reads:
Section 159 - Onus of proof on accused in certain cases
In any prosecution against the owner or driver of any commercial passenger vehicle the onus shall lie upon the accused of proving that the passengers carried upon such vehicle were not carried for reward at separate and distinct fares for each passenger but the accused shall not be under any obligation to discharge such onus until the informant first discharges the onus of proving that the passengers carried upon such vehicle were carried for reward.
David Samuel, from the Victorian Taxi Association, told ABC News:
“I think what we have to recognise is that this outcome fundamentally undermines the integrity of the framework of rules and laws that have been put in place regarding commercial passenger vehicle industry in Victoria… At the end of the day, if this is the case, you might as well just throw the taxi and hire car bill out the window.”
Professor Alan Fels, a member of Uber’s international advisory board, welcomed the decision, telling ABC News “it potentially clears the way for full competition between taxis and ride-sharers like Uber.” Uber Victoria general manager Matt Denman said:
“We are delighted that our driver-partner Mr Brenner won his appeal today in the the County Court of Victoria, and was awarded costs… The time for excuses is over. The Andrews Government needs to listen to the hundreds of thousands of Victorians who are choosing ride-sharing every week and introduce sensible, safety-based regulations without delay.”
Both parties are advocating for the Government to step in and regulate the service, albeit with different objectives in mind. However, the Victorian Government has remained non-committal, with Public Transport Minister Jacinta Allan saying the decision “highlights the complexity of this issue, which we continue to give the detailed consideration it needs in the interest of Victorian passengers.”
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