Q1. Is the charging model of Uber Taxi legal? Does it make any difference if the taxi licence owners have authorized the drivers to join the Uber Taxi (as hiring)?
Uber has stated clearly how the fares are calculated on their website as of June 2022: There are times when so many people are requesting rides that there aren’t enough cars on the road to help take them all. Bad weather, rush hour, and special events, for instance, may cause unusually large numbers of people to want to request a ride with Uber all at the same time.
“In these cases of very high demand, prices may increase to help ensure that those who need a ride can get one.”
Is the charging model of Uber Taxi legal?
The charging model of Uber Taxi is not illegal if it does not contravene any of the regulations under the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) and the Road Traffic Ordinance (Cap. 374).
Generally speaking, where the vehicle is licensed as taxi, it is legal for the taxi driver to drive it for carriage of passengers for hire or reward, even if the taxi driver receives passenger through the Uber Taxi App: see Section 52(3) of the Road Traffic Ordinance (Cap. 374).
However, the following should be noted :-
First, no registered owner or driver of a taxi shall charge for the hiring of the taxi a fare exceeding the appropriate scale of fares specified in Schedule 5 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D): see Regulation 47(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D). Thus, the charging model of Uber Taxi shall not cause the charge of the taxi fares exceeding the appropriate scale of fares specified in Schedule 5 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Second, the driver of a taxi shall not without reasonable excuse wilfully refuse or neglect to accept a hire from a hirer whether the intention of such hirer is indicated expressly or by implication: see Regulation 37(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D). Thus, a taxi driver who via the Uber Taxi App shall not refuse or neglect to accept a hire.
Does it make any difference if the taxi licence owners have authorized the drivers to join the Uber Taxi (as hiring)?
Section 52(3) of the Road Traffic Ordinance (Cap. 374) provides that no person shall drive or use a motor vehicle; or suffer or permit a motor vehicle to be driven or used, for the carriage of passengers for hire or reward unless the vehicle is licensed as a taxi.
Thus, so long as the vehicle is licensed as a taxi, a taxi licence owners can let the taxi to a taxi driver to join Uber Taxi under any hire agreement formed under Regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D). It would not be illegal for the taxi driver to join the Uber Taxi in a criminal sense provided that there is no contravention of any sections or regulations under the Road Traffic Ordinance (Cap. 374).