I have two blogs, this one and another devoted to transport and traffic. I sometimes have the same articles on both sites if the topic happened to be about something of common interest to both sites. The LTFRB decision against Uber (recently recalled by the DOTC) has been a hot topic lately and I wanted to express my own opinions on the matter. Following is what I wrote over at my other blog site:
To regulate or not to regulate. That seems to be the issue here in
the case of Uber. One respected former top government official, offered
his opinion on the matter through his newspaper column where he mentions
a "regulatory overreach" by the Land Transport Franchising and
Regulatory Board (LTFRB). Perhaps the agency did not exert all efforts
or go the extra mile to assess the situation regarding Uber? Perhaps the
agency acted in favor of taxi operators who have complained about Uber
services? The information available states the affirmative. The LTFRB
itself confirmed that it acted on the complaint filed by a group of taxi
operators but they memo alone is unclear of how the board ended up with
their decision. Maybe they did not really have a more exhaustive
deliberation, looking at the Uber case from other (more progressive)
perspectives.
One lawyer friend of ours gave an opinion that Uber
should not be treated as a regular taxi whose services are available to
everyone and therefore requires a franchise being a public utility.
Rather, Uber can be seen instead as an exclusive club with members
providing and/or availing of services. Membership in the club is not
automatic but has to go through an application process with certain
criteria to be satisfied by applicants just like any other exclusive
organizations. In Uber's case, the application process as well as the
means to avail of services are facilitated by an app, a software
available now through smartphones or tablets. Being an exclusive club,
it can also charge for services rendered and fees can be agreed upon by
members just like what is done in other clubs. This is an acceptable
interpretation of how Uber can be seen though it still does not address
liability issues in case a vehicle and its occupants are involved in a
crash. However, this last concern is precisely what the LTFRB should be
discussing with Uber and perhaps insisting for the service to address
immediately. This would be the more progressive and proactive approach
in handling this case.
I agree that there is a need to review many
of our laws, not just on transport, in order to address the many
changes that has happened over the years and especially in light of the
rapid developments enabled by technological advances and innovations.
Many years ago, we have worked with the DOTC to come up with an
initiative to review road transport laws and regulations in order to
determine, for example, which are outdated and which are conflicting
with others. Unfortunately, this initiative seems to have evaporated
with the change in the administrations of involved transport agencies
back in 2010. So far, what we have read and heard are calls for
reviewing laws and regulations specifically related to public utility
vehicles in relation to taxis and consequently, Uber.
Meanwhile,
taxi services in the country and especially in Metro Manila continue to
be found wanting in terms of quality of service. Many continue to be
shunned or turned down by taxi cab drivers who tend to be selective of
their passengers' destinations. The most common reason for this is
perceived (or imagined) traffic congestion along streets leading to the
destination. Then there are the more serious cases of swindling,
holdups, abductions, and even murder. Modus operandi include taxi
drivers collaborating with criminals to rob or kidnap passengers. News
and social media are full of these horror stories that make one think
twice about riding a cab, especially at night. Of course, not all taxi
services are like this and there are examples of good taxi services in
Metro Manila and other cities. On top of my very short list is a certain
taxi company that's popular in Iloilo City, Light of Glory. However,
these examples are not enough to convince many that they should not have
a more comfortable, more secure and perhaps safer option for transport,
which is what Uber is claiming it provides. Ultimately, though, public
transport services in Metro Manila and elsewhere in the country need to
be improved and fast in the interest of most people who take public
transportation everyday. That way, many people won't really need to
avail of other, more exclusive services, for their transport needs.
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