Uber Taxi’s taxi driver will charge another $90 when he arrives. Lawyer: Don’t break the law, see! |Hong Kong 01|Hot topics

After Uber Taxi’s driver completed the order earlier, it asked the customer to pay the original price according to the table, and make up for the difference that the driver failed to receive. A similar incident happened again recently, and it was even more suspected as the same driver! Today (9th) someone posted on the taxi driver’s facebook group saying that he had taken the order from the airport to Causeway Bay via UberTaxi. After receiving a payment of 198 yuan through the program, he said that the taxi fare was 290 yuan. For the difference of 90 yuan, the guest immediately paid an additional 100 yuan. The post aroused heated discussion among netizens, denounced him for losing and winning, but the driver emphasized that he was only charging according to the meter, and he was very willing to let the court decide whether the fare should be charged according to the Uber program or the taxi meter.

Lawyer Lu Weixiong said in an interview with “Hong Kong 01” that according to relevant laws, even if passengers and taxi drivers agree on cheaper fares, the drivers have the right to demand metered fares after they arrive at the destination, because the law does not guarantee discounted fares. Moreover, a private agreement cannot override the law, but it is believed that the practice of requiring the fare to be collected according to the table after the fare is negotiated should not be encouraged. However, he said that if Uber rented a taxi in the form of a chartered car at that time, the taxi could not be charged according to the meter.

The Transport Department’s reply to “Hong Kong 01” stated that in addition to metered fees, taxis can also provide charter reservation services. The amount of rental charges is based on the time the vehicle is rented or other terms in the agreement with the hirer. According to the Department’s understanding, some of the taxi service applications are currently charged in the form of chartered vehicles, and the charges and terms are negotiated by the party providing the service and the hirer. If the taxi service is not charged in the form of a chartered car, the taxi driver must charge and pay according to the meter.

Some taxi drivers shared on Facebook that after they took the order on Uber Taxi, they asked the passengers to pay the difference between the fare on the table. (Screenshot of the facebook group “Taxi”)

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The driver involved is in the facebook group “Taxi Driver Information Network Taxi“I posted a post saying that I had just completed an Uber Taxi order from the airport to Causeway Bay. The screenshot of the upload program showed that it was 12:04 in the morning and received a fare of 198.79 yuan. He also uploaded a photo of the header, which showed that the fare for the 37.49-kilometer journey was 290.7 yuan.

The driver stated in the post, “The difference between the Uber Taxi and the fare at the front of the meter, plus the return tunnel toll, plus 2 pieces of luggage in the tail box, the difference is 90 mosquitoes, and the passengers are asked to make up for it. He also mentioned that after the passenger knew that he had only received about 200 yuan, he even pointed out that “Uber was using deep water and exploiting the driver.”

Similar incidents also occurred at the end of October, and they were suspected to be the same taxi driver ▼ ▼ ▼

A similar incident occurred at the end of October, and it was suspected to be the same taxi driver. At that time, the taxi driver also took the order through Uber Taxi, and went from the Science Park to Kowloon Bay. After arriving at the destination, the taxi driver asked the guest to pay a 25 yuan difference. At that time, the passengers refused, but the driver raised the plane to take pictures of the passengers and said that they would call the police. The passengers finally paid 25 yuan in cash.

The post attracted enthusiastic comments from netizens, many of whom criticized the driver’s behavior as having problems, “You don’t want to use the app, don’t you know what to say”, and asked him, “You’re more than the head of the table, have you returned a customer?” Huh?”, “Uber pays you a bonus, are you going to pay back?”. However, some netizens also expressed their support, “Hey, kill the customer” and “It seems like a lot of fun.”

The driver responded to the message in the post, pointing directly to “It’s me again” and retorted “I am charging by meter. I have a problem. I don’t know how many Uber customers are!”. He also mentioned that he is very willing to go to court, “It is up to the court to decide whether to charge according to the meter or according to your Uber treaty! I am eagerly looking forward to this day! Seriously.” He even emphasized that he will continue to do so, “As long as the price difference is more than 20 mosquitoes, I will charge you, and less than 20 mosquitoes will kill you until you are locked up, or go to court and sentence me to lose.”

Barrister Lu Weixiong believes that because private agreements cannot override the law, it is not illegal for taxi drivers to request taxi fares according to the meter after arriving at the destination, but believes that the tactics are not worthy of encouragement. (Profile picture)

Barrister Lu Weixiong said in the interview that the private agreement between passengers and taxi drivers on fares cannot override the law, and the law only stipulates that taxis shall charge metered fees, and there is no guarantee for discounted fares. “I’m doing it right now,” he says. “Although the method is not appropriate, or it is not worth encouraging, it is really illegal in this respect.”

He gave an example that Hong Kong has a minimum wage for hiring foreign domestic helpers. Even if the employer has agreed with the foreign domestic helper in advance to pay a lower wage than the minimum wage, if the foreign domestic helper arrives in Hong Kong and requires the employer to pay the minimum wage specified in the law, the employer must also pay the minimum wage specified in the law. The minimum wage, because private agreements cannot override the law, will not be effective.

Some netizens said that if Uber rents taxis in the form of chartered vehicles, the taxi drivers in the incident may still break the law. (Non-party, profile picture)

So if the passenger says that he will pay the tip when he makes a taxi reservation, but he will be charged according to the meter when he arrives at the destination, is it okay? Lu Weixiong said, “Actually, everything is done on a meter-based fee.” “As the saying goes, you play for you.” The principle is still that private agreements cannot override the law.

Only netizens mentioned that Uber and some taxi drivers operate in the form of “chartered cars.” Lu Weixiong pointed out that if a taxi is rented by a chartered car, “it’s not a taxi at the moment.” It’s just an ordinary private car. Even if it looks like a taxi, the taxi service has been stopped. Otherwise, the taxi service will be accepted when someone intercepts the car. If the taxis were chartered by Uber and allocated to different passengers, the taxis would not be charged according to the meter; otherwise, the taxi would still be charged according to the meter during normal operation.

The Transport Department responded to “Hong Kong 01” stating that, according to the current law, taxis can also provide scheduled charter services in addition to meter charges. According to section 38 of the Road Traffic (Public Service Vehicles) Regulations (Chapter 374D), public service vehicles including taxis can provide full-time rental services, and the amount of rental charges is based on the time the vehicle was rented (whether or not A surcharge must be charged for the mileage of the car when it is rented), or based on other terms in the agreement with the hirer.

According to the Department’s understanding, some taxi service applications are currently charged in the form of chartered cars. The service charges and other related terms are negotiated by the party providing the service and the hirer. However, if the taxi service is not charged in the form of a chartered car, both the taxi driver and passengers must pay according to the law (including other applicable surcharges) and pay.

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