Surrey Mayor Doug McCallum told media Monday that drivers contracted to work with ride-hailing companies such as Uber and Lyft can apply for a taxi business licence while his municipal government works toward a regional licensing system via TransLink.
But a different reality exists at Surrey City Hall鈥檚 bylaw and licensing department, where employees are informing prospective ride-hailing drivers to leave their information with the city manager, Vince Lalonde 鈥� who happened to order a rare proactive bylaw enforcement campaign against unlicensed Uber drivers over the weekend.
鈥淭here [are] different categories that they [Uber drivers] can apply for. For example they can apply for the same licence as taxis apply for. So there is the option to do that,鈥� said McCallum.
The mayor was then asked if he would grant those taxi licences to Uber drivers.
鈥淵es.... There are a couple meetings we have to go through first ... and one is very important this Thursday, which is TransLink.鈥�
At the city hall licensing counter an employee said, when asked to provide a taxi license application: 鈥淭here鈥檚 no licences right now for Uber or Lyft. You can鈥檛 get any licence. You can鈥檛 get a taxi licence either.鈥�
McCallum鈥檚 municipal government has not implemented a bylaw to license ride-hailing companies and drivers. His is the only government in the region to issue warning tickets. Surrey bylaw officers issued 18 Uber drivers warning tickets from Friday to Sunday after the provincial government approved the two largest ride-hailing companies to operate in Metro 麻豆传媒映画last Thursday.
On Monday McCallum warned that the warning tickets would soon become $500 fines. Furthermore, McCallum announced that Uber as a corporation is now being fined $500 per day for conducting business without a licence.
鈥淚 support ride hailing but it has to be on a level playing field with the taxi industry,鈥� said McCallum, defending the warnings.
鈥淭he fact is a business licence is required to operate in Surrey or any other municipality in the Lower Mainland. 鈥淯ntil that happens, Uber is operating illegally in Surrey,鈥� said McCallum, whose assertion seems at odds with the Ministry of Transportation.
鈥淧rovincial law is clear, no municipality has the authority to block the operation of ride-hailing services,鈥� said ministry spokesperson Danielle Pope, Monday via email, adding that 鈥渢he absence of a bylaw or business licence in specific municipalities related to ride hailing is not grounds for the refusal of service.鈥�
麻豆传媒映画lawyer Dean Davison, whose law firm Davison Law Group advertises expertise in municipal law, said 鈥渁ny attempt to stop ride hailing in B.C. by a city is beyond their authority.鈥�
Surrey is employing a bylaw that fines people for conducting business without a licence.
But, said Davison,听鈥渁 city cannot create or use a bylaw that is in direct conflict with a provincial law unless they are authorized by the Province or the Province does not adequately consult.
鈥淚f this matter was to go to court, it would be a very interesting argument as there is not too much jurisprudence on this specific issue as cities and the Province generally work together,鈥� said Davison, who believes the City of Surrey is violating the Passenger Transportation Act in spirit and in practice 鈥渁s Surrey is not issuing licences and enforcing their bylaw for not having a licence.
鈥淪urrey can say they are in the process but should not be giving out tickets while they create the new ride sharing regime,鈥� Davison said.
McCallum voted against a proposed inter-municipal licensing system last month, at a TransLink board meeting, but now he appears to be open to the concept, with certain conditions.
鈥淲e will only put the same fees from the city as the taxi industry has to pay,鈥� he said.
鈥淲e鈥檝e said we鈥檝e wanted to work with the region for a common denominator as far as fees are concerned. That鈥檚 what we鈥檙e waiting for.鈥�
McCallum said the city was not given enough notice that the companies would be approved to operate in Metro Vancouver. And that is why the city itself does not have ride-hailing bylaws in place.
鈥淲e did not have any notice very quickly that they would be given their licenses by the transportation board,鈥� said McCallum.
City of Surrey managers have been discussing ride hailing since it was approved by the province in September, according to city correspondence obtained by Glacier Media that is heavily redacted for the stated reasons of policy discussion and cabinet privilege.
Coun. Jack Hundial said he鈥檚 been waiting since October for a corporate report on the matter that management told him would be forthcoming.
鈥淭he city should have addressed this going into it. But we had some assumptions; there鈥檚 the regional plan and we鈥檒l go with it,鈥� said Hundial, who opposes bylaw officers enforcing something the city鈥檚 failed to implement despite provincial government direction to the contrary.
Hundial said the inter-municipal licence is an opportunity to look at taxi company municipal boundary restrictions (Uber and Lyft have no such restrictions).
Ultimately, said Hundial, 鈥渙ur core value as a city is innovation, which is about making the best decision on new and emerging technologies for the betterment of our community.鈥�
