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Gauteng MEC: Uber must ‘register' to continue operating

Johannesburg - Internet ride-sharing service Uber has to register with authorities and abide by metered taxi regulations in Gauteng to keep operating in the province, according to a report that quotes transport MEC Ismail Vadi.

The head of Uber Sub Saharan Africa, Alon Lits, has previously told Fin24 that the internet service's partner-drivers apply for chartered service licences in Gauteng's biggest city Johannesburg.

This is different to the Western Cape where Uber drivers are expected to have metered taxi permits.

Metered taxi permits are viewed as being more onerous to obtain than chartered licences. After a six-month wait, Western Cape provincial officials only handed out 145 metered licences to Uber on Thursday. This came after Cape Town traffic officials impounded over 200 Uber vehicles this year so far because the drivers didn’t have metered taxi permits.

READ: Cape Town impounds over 200 Uber cars in 2015

Now, Gauteng wants Uber to register with provincial authorities and comply more with metered taxi rules, according to a report from Eyewitness News.

“At the moment there is a lacuna in the legislation between a Meter Taxi Association under chartered services, it does not accommodate Uber from a legal point of view,” Gauteng MEC for Transport Ismail Vadi told the radio news service.

“In principle, we've told them they have to register, if not they will not be allowed to operate. They will be an illegal operator. I think there’s willingness on their part.”

Vadi reportedly also told the radio station that application forms from Uber have already been received.

But Uber has told Fin24 that it plans to continue applying for chartered service operating licences in Gauteng, as it has done previously.

"Uber has been and continues to partner with operators who have been taking guidance from the Practice Note issued by National Government. This Practice Note states that until the NLTA (National Land Transport Act) has been amended, partner-drivers should apply for chartered service operating licences," Alon Lits told Fin24, as he referred to changes being made by government to the NLTA.

"We continue to engage productively with provincial authorities and gain comfort from the MEC's willingness to embrace technology in Gauteng," said Lits.

Spokespeople from Vadi’s portfolio were not available for comment to clarify Vadi's comments.

Upcoming e-hailing laws?

Premier of the Western Cape, Helen Zille, waded in on the Uber debate this week and she said that e-hailing laws are being considered at national and local level.

"The City (Cape Town) has also started the process of compiling a by-law to create a legal framework for the e-hailing industry, while the National Government has started the process of amending Section 66 of the National Land Transport Act, to make e-hailing taxis a sub-category of metered taxis," said Zille in an online newsletter.

READ: Zille enters Uber Cape Town debate

In the meantime, it’s unclear where Uber fits in from a legal perspective.

"Uber's e-hailing service 'does not fall into any of the categories of the National Land Transport Act', as an official explained to me this week. It is also not provided for in the Integrated Transport Plan. And any process to regularise the e-hailing service must follow the requirements of the Promotion of Administrative Justice Act," wrote Zille.

"When it comes to public transport operators, it is not so simple. Government cannot evade responsibility for safety, which includes roadworthiness, passenger insurance and third parties. If, for example, the vehicle does not have a valid operating licence, passengers cannot claim from the Road Accident Fund in the event of a crash," said Zille.

Global regulators have also been left confused over how to approach Uber.

Last month alone, Uber executives were detained in France and questioned for alleged violations of a transportation law in that country which bans operating a service such low-cost as UberPOP.

Uber has also experienced legal challenges in South Korea and parts of the US and Canada.

Meanwhile, metered taxi drivers in Gauteng and the Western Cape have further cried foul over Uber allegedly being uncompetitive because it allegedly does not adhere to regulations.

Reports of metered taxi drivers intimidating Uber passengers and drivers outside Gautrain stations in Johannesburg have also emerged.

READ: Uber drivers harassed outside Gautrain stations

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