SURREY (NEWS 1130) – Does the City of Surrey have a leg to stand on in trying to stop ride-hailing from operating there? The short answer, according to an academic, is no.
Over the weekend, some drivers approached the media, saying they had been baited through their ride-sharing app and handed warning tickets after being met by bylaw officers.
Zac Spicer, the Director of Research at the Institute of Public Administration of Canada, said Uber has the law on its side.
“Municipal action or inaction cannot frustrate provincial legislation,” he explained. “So, unfortunately for the mayor, this is happening.”
On Tuesday, Uber said it was proceeding with legal action against the city, filing an injunction application to stop it from “issuing illegal tickets,” but that didn’t appear to phase Mayor Doug McCallum.
McCallum, who has been vocal about his opposition to ride-hailing, even warned ride-hailing drivers that if they were caught picking people up in Surrey, they could face fines of up to $500.
Regardless, Spicer doesn’t think this will make it very far in court.
“The precedent here is pretty clear — if there’s provincial legislation in place, municipal action can’t frustrate it,” he said. “I would imagine a judge would strike this quite quickly. This could also be a bit more of posturing on the mayor’s part, perhaps, probably knowing that it’s not going to go too far in court.”
There is currently no particular business licence that would cover ride-hailing in Surrey. Spicer said if Uber was granted one at the provincial level, it wouldn’t matter if Surrey had its own, anyway.
“I think it’s a pretty clear cut case from the point of view of the legal system,” he explained. “I understand the frustration — if you are a mayor and you have fought this for several years, and that you feel you are protecting workers or a certain sector of your local economy. But this is really a fight to take up with the province at this point in time, if they choose to do so.”
The head of Uber’s Western Canada division has said Surrey’s actions are ultimately hurting its residents, and that ticketing drivers “who want to earn money and support their families,” was unfair.
“It is also unfair to those who need a safe, affordable and reliable ride,” Michael van Hemmen said.
Uber is expected to speak to the media at 10:30 a.m. Wednesday.
-With files from Tarnjit Parmar and Martin MacMahon
