Business Day

Road gets bumpier for e-hail drivers

• Mbalula says adopted new law will be crucial to curb taxi violence

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

App-based taxi services such as Uber and Bolt are set to face more hurdles and competitio­n in the country as the government moves to open up and regulate the e-hailing industry.

Just as in the rest of the world, the public transport sector remains a heavily contested space in SA with drivers of metered taxis continuing to challenge app-based operators such as Uber and Bolt.

On Tuesday, the National Assembly adopted the controvers­ial National Land Transport Amendment Bill during a second reading debate.

The bill has been in the making since 2013, and initially excluded e-hailing as a subcategor­y, though it allowed the use of a smartphone in lieu of a taxi meter.

According to parliament, the National Land Transport Bill amends the 2009 act by, among other things, providing for non-motorised and accessible transport. This brings the legislatio­n up to date with the various technologi­cal developmen­ts.

It also provides powers for provinces to conclude contracts for public transport services, expanding the minister’s powers to make regulation­s and introduce safety measures.

The bill also prescribes criteria and requiremen­ts for municipali­ties to enter into contracts for public transport services.

It will now be referred to the National Council of Provinces for concurrenc­e.

Uber has previously welcomed the bill.

At a media briefing ahead of the debate in parliament on Tuesday, transport minister Fikile Mbalula said the proposed law will be crucial in the drive to curb taxi violence. The tensions between e-hailing services and metered taxis mainly stem from the lack of regulation of the former, he said.

Metered taxis are heavily regulated and have to operate within well-defined areas, while such rules are not applied to e-hailing services, Mbalula said.

“It [the bill] establishe­s a new category for operating licences and imposes certain obligation­s on technology providers not to allow illegal operators on their technology platforms,” the minister said.

In a report published in February, the Competitio­n Commission called for changes in regulation­s governing all metered taxis, to level the playing field. The commission raised concerns that the licensing regime for metered taxis means that they are restricted to particular areas, while the ehailing services are allowed to operate anywhere.

The commission highlighte­d, for example, that taxi operators may be limited to one municipali­ty, while e-hailing drivers in Gauteng can operate between the Tshwane, Johannesbu­rg and Ekurhuleni regions.

The commission wanted all area restrictio­ns to be lifted so that once a taxi service is registered it can operate anywhere in the country.

The commission launched its inquiry in 2017 amid industry concerns about the impact of ride-hailing services such as Uber run from abroad.

The commission also found that nearly four out of five ehailing operators were working without valid licences.

The commission’s report stated that the entry of e-hailing services in SA generated conflict between metered taxi and e-hailing operators.

“At the heart of conflict is metered taxis’ view that e-hailing operators have bypassed regulatory scrutiny [as there was no specific regulation governing their business model] and charged low fares,” the report stated.

AT THE HEART OF CONFLICT IS METERED TAXIS ’ VIEW THAT E-HAILING FIRMS HAVE BYPASSED REGULATORY SCRUTINY

 ?? /Moeletsi Mabe/The Times ?? Street wars: An Uber driver in Sandton picks up passengers where he cannot be spotted by a metered taxi driver, after tension developed between the two groups around the Gautrain station in 2015.
/Moeletsi Mabe/The Times Street wars: An Uber driver in Sandton picks up passengers where he cannot be spotted by a metered taxi driver, after tension developed between the two groups around the Gautrain station in 2015.

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