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Category: Courts and Trials / Road Transport

WA court dismisses taxi drivers' action against Uber

Tuesday, 3 May 2016 10:43:48 | Eliza Laschon

The taxi drivers claimed they were treated unfairly compared to Uber drivers. (ABC News: David Weber)

The West Australian Supreme Court has dismissed legal action by taxi drivers who said the State Government should never have allowed ride-booking service Uber to operate in WA.

Key points:

  • Court rejects claim taxi drivers treated unfairly by WA Government
  • Decision devastating, taxi drivers say
  • Uber welcomes ruling but wants new regulations quickly

About 400 taxi plate owners launched the action claiming they were having to pay a series of costs associated with regulations while Uber drivers did not.

Their lawyer, Martin Bennett, told the court in November that taxi plate owners and drivers had borrowed money to fund the purchase of plates, had complied with regulations, fitted cameras and paid insurance, yet Uber drivers did not have to.

Mr Bennett said the market was affected by "disorderly, de facto deregulation" and there was no commitment to pursue any new cases against Uber.

But Justice Paul Tottle has dismissed the legal action by the taxi drivers.

In his judgement, Justice Tottle noted the applicants' claim that the Department of Transport (DoT) had responded inadequately to the threat posed by Uber to their livelihoods and the system of regulating the taxi industry.

However he said it was not for the court to assess or comment on the DoT's response.

"This is a political question for the executive branch of government," Justice Tottle said.

"Thus, even if I had found that the respondents were under a public duty to commence prosecutions, or to direct the commencement of prosecutions, I would have refused to issue a writ of mandamus on the ground that I was not satisfied that the duty was breached.

"Similarly, had I held that the respondents owed a duty to consider the commencement of prosecutions, I would not have found that duty to have been breached."

DoT managing director of transport services Nina Lynne had told the court 29 Uber drivers had been or were being prosecuted, and no more charges would be laid until those cases had been completed.

We are screwed: taxi driver

Speaking outside court, one of the applicants, Peter Martin, said the ruling was "absolutely devastating".

WA court dismisses taxi drivers' action against Uber Photo: Peter Martin said taxi drivers would suffer as a result of the judgement. (ABC News: Eliza Laschon)

"We're the guys who have put our money and our livelihoods on the line, and through the decision of this judge we are screwed," Mr Martin said.

"We have had two suicides and three heart attacks in the past six months of owners who are that upset by the taxi industry ... families have been decimated by the implications of this."

However in a statement, Uber Perth general manager Tom White welcomed the decision.

"We were pleased that the court today recognised the role of the Government in responding to the changing point to point transport industry," he said.

"The focus now needs to be on quickly enshrining sensible, safety-based ride-sharing regulations that open up economic opportunity and choice, and that aren't stymied by red tape and bureaucracy."

Mr Martin said the group of taxi plate owners would appeal against the decision.

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