DRIVE A2B Magazine July Issue 2020

DRIVE

Voice of the Australian Commercial Passenger Transport Industry

JULY 2020 | EDITION 36

INSIDE 10 Common Tax Deductions Electric Vehicles in Australia Jobs for Drivers News from VIC, NSW, WA and ACT

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2

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

EDITION 36 www.drivea2b.com.au DRIVEA2B @DRIVEA2Ba contact@drivea2b.com.au COVER Taxis in Stockholm, Sweden during Winter

N AT I O N A L 6 7

11

Transport Alliance Australia Report.

10 Common Tax Deductions.

14

After COVID-19 will Rideshare be around?

18

Electric Vehicles in Australia.

NSW 10 11

NSW Industry Update.

Regional NSW Taxi Driver is a Lifesaver.

VICTORIA 16 20

Borders are closed for 90 days.

Message from Rod Barton MP.

W E S T E R N A U S T. 24

Final Stage of Reforms has Started.

ACT 26

On the Road Again.

COVID-19 INFO 13 29

18

Car Cleaning Tips.

Handling Digital Payments.

OVERSEAS 32

Antwerp scraps taxi laws to encourage Uber's arrival.

32

Canada top court clears way for Uber drivers class action.

From our Editor While the majority of Australia is coping well with the COVID-19 crisis and has relaxed many of its restrictions, Victoria has not been so lucky. Victoria is back in Stage 3 lockdown from midnight 8 July for six weeks. Victoria's Premier Daniel Andrews said "This is not just an inconvenience - this is a pandemic", and we all must truly remember this fact.

Just because you want this to go away, you have been tested and were negative once or you are bored with staying at home - does not mean you can be complacent with the restrictions and the guidelines around staying safe during this crisis.

Everyone must stay home, get tested if feeling unwell, stay hygienically clean, keep their taxi, hire car or ride share vehicle sanitised, and abide by the restrictions.

If we follow the rules, we will be seeing a reduction in the COVID-19 cases very soon.

4

ESC Draft Report The Essential Services Commission (ESC) has released its draft decision for the Victorian Unbooked Taxi Fare Review 2020. Its draft decision is: •

to keep maximum fares for unbooked taxis unchanged

•

for the use of ‘time and distance’ tariffs to remain optional for now.

In their report the ESC stated that it "considers that consumers and the unbooked taxi industry will be better off if we keep maximum fares unchanged.

Given the current impact of the coronavirus pandemic on the commercial passenger vehicles industry and the uncertainty about its future impact, keeping maximum fares unchanged will provide some level of stability for consumers and unbooked taxi service providers."

What the ESC is saying is that the consumer does not want to see a price increase and that it has

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

total disregard to the fact that the taxi driver has not seen an increase in maximum taxi fares for many years.

The ESC acknowledged the fact that the quality of taxi services in the metropolitan area has generally improved, but then go on to say that "the current maximum fares provide sufficient incentives to improve or maintain the quality of service provided".

How is improving the quality of service even greater, going to get any more reward for the driver?

Many stakeholders who had provided submissions suggested that the maximum fares should be adjusted in line with the CPI - but the ESC does not agree. The ESC says that because the cost of running a taxi has marginally decreased over the last two years, the taxi operator does not need any more revenue from the fare box.

So the operator and driver are penalised for working strategically and cutting costs by a small amount, and the ESC thinks this is good and will not reward them with a fare increase.

There is still an opportunity to have your say. You are encouraged to comment on the ESC's draft decision and submissions should be made by 5pm, Friday 31 July 2020.

To make a submission on this paper please go to Engage Victoria's website: www.engage.vic.gov.au.

Connectivity and Automation I recently had the opportunity to participate in an excellent webinar organised by ADVI (Australia & New Zealand Driverless Vehicle Initiative) on the subject of Connectivity and Automation.

public sectors need to come together and understand what connectivity and automation is all about. We have to build a team of talented people in Australia who have the expertise to do these things, otherwise we will be reliant on those overseas. We need the community to be willing to accept this updated technology and embrace it. And we have to action this now!

Safety – it is all about safety. We get so much more safety benefits from today’s cars and our roads will be safer for both drivers and pedestrians when Autonomous Vehicles (AVs) are finally fine-tuned to be fully functional.

There has been a gradual increase over the last 10 years from ABS to auto pilot system on freeways, and vehicles are now connected to cloud services whereby in-vehicle apps can be updated, maps can be updated, songs can be downloaded and more. But we still have quite a way to go before we see fully autonomous vehicles on our roads.

Yet there are some major gaps in the current infrastructure. For example, AVs rely on phone connectivity ability, and whilst we can drive from Sydney to Melbourne to Coffs Harbour with full telephone connectivity, there are many regional places in Australia where this is still not possible.

Also, currently in Australia we have a different set of rules and regulations for our roads in every State and Territory. We really cannot expect the AV software to be programmed with each set of rules. We need one national standard to be developed, agreed upon and adhered to.

Stay well and stay safe.

The forum highlighted the fact that European countries are leading the way and that government, industry and

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

Mrs Toni Peters DRIVE A2B Editor

5

Your NATIONAL association looking after the interests of all in the Australian commercial passenger transport sector.

TAA General Meeting On 25 June nearly 70 people joined us for a General Meeting via Zoom.

An update was given on Transport Alliance Australia (TAA) and it was confirmed that TAA has members who reside in Victoria (of course), Western Australia, South Australia and New South Wales.

It is fantastic to see how well the association is growing throughout Australia.

Our new and improved website was also showcased. The website now includes news updates on topics affecting our industry (including COVID-19), the ability to sign up and renew your TAA membership, and a Members' Portal which displays specials offered to our members together with relative association documents and recordings of Zoom meetings.

Elizabeth O'Shea from Maurice Blackburn Lawyers, gave an indepth update on the Class Action vs Uber. Basically everything is going well and even though Uber are trying to stop some parts of the proceedings, they are not being very successful in doing so. A final outcome of this Class Action is still a few years away, but rest assured we are in good hands with Maurice Blackburn.

Rod Barton MP, Leader of Transport Matters Party gave an update on all things happening in government in relation to this industry.

Throughout the meeting there were many opportunities for people to ask questions of all the presenters.

CPVV Meetings On July 8 Commercial Passenger Vehicles Victoria had a meeting for industry stakeholders and here is a summary of the topics discussed:Melbourne Metro & Mitchell Shire

6

•

Are under Stage 3 restrictions until August 19 2020.

•

With the exception of essential services, everyone MUST stay within their environments and are not

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

allowed to travel across the state.

•

•

CPVs will continue to be treated as public transport/essential service.

There is no requirement that the drivers have to confirm the reason why their passengers are travelling.

Victoria / NSW Border Closure for 90 days This closure is operating on a permit system for EVERYONE, regardless of the person’s status – essential services, freight operator, travelling home, caring for relatives, seeking health assistance, travelling to work, students, etc.

•

EVERYONE (not just the Driver) travelling in a vehicle MUST have a permit.

•

For booked jobs the BSP should be checking that passengers have a permit.

•

It is not the CPV driver’s

responsibility to check the passenger has a permit, but they are encouraged to ask before the trip commences.

When transporting passengers do...

•

Encourage them to travel in the back seats.

•

Turn off the recycled air.

•

Have windows slightly down to increase air flow.

•

Adhere to high standards of sanitising and cleaning.

It is preferable that CPV Drivers DO NOT handle passenger’s luggage.

If it is necessary to lift them in or out of your vehicle, the Driver SHOULD:•

use gloves,

•

dispose of the gloves after one use,

•

wash hands with soap and water, or use hand sanitiser, immediately after handling the luggage.

Personal Protective Equipment If drivers are wearing face masks they must be informed on how to:•

wear them properly,

•

how to correctly dispose of disposable face masks,

•

how to wash/clean reusable face masks.

Protection Screens are not a mandatory requirement by government, but some BSPs and some drivers are choosing to install them in their CPVs, which is totally okay. Drivers MUST be informed on how to clean the screens properly.

Note that neither face masks or protection screens are fully protective, but rather another layer of protection.

REMEMBER. . .

If you are unwell DON’T WORK – get TESTED – and STAY HOME. Toni Peters Director, Transport Alliance Australia

Operators' Forum Wednesday 29 July 2020

Planning for the New Normal www.taa-national.com.au @TransportAllianceAustralia RSVP by Monday 27 July to info@taa-national.com.au Your zoom invitation will be forwarded to you upon registration for this event.

10am - 12noon via ZOOM

Planning for the New Normal 1.

LinkedIn opportunities with Emma, Shoestring Marketing

2.

Melbourne Airport Update

3.

Taxation Update from AirTax

4.

Tips for Hire Cars

5.

Keynote Speaker - Bill Faeth Bill is a true believer that everyone needs a coach. It was Bill's mother who taught him discipline, how to be resourceful, aggressive and, most importantly, to be relentless. He has parlayed these skills into a successful career and he is most proud of helping entrepreneurs scale profitable businesses while keeping family first.

Bill doesn't believe in work-life balance when you're a business owner with aggressive goals, but he does think you can prioritise and manage both successfully. All of Bill's coaching programs are based around driving goaloriented results. Results in your business and your personal life, because without both, why are you in business?

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

7

10

common tax deductions

for taxi and hire car drivers

Annual income tax returns can be lodged from 1 July 2020 for the 2019-20 financial year (i.e. 1 July 2019 to 30 June 2020).

Given the recent downturn in demand for taxi services, it is important for all taxi and hire car drivers to be aware of what deductions they may be entitled to claim for tax.

To help drivers with their tax return this year, Airtax has created this essential checklist of 10 tax deductions.

1. Car running costs Taxi and hire car drivers who own their own car are able to claim some of the running costs.

Running costs can include fuel, insurance, registration, roadworthy certificates, repairs, maintenance, servicing, cleaning, detailing, washing, depreciation, interest on car loans, and lease or hire fees.

The amount that can be deducted will depend on the number of kilometres travelled for work and whether a logbook record is kept.

Whilst it is not necessary to keep a

8

logbook, it is really important to do so because it generally increases deductions for car running costs.

2. Car purchase Taxi and hire car drivers who operate a small business and purchased a car to use as a taxi or hire car during the 2020 financial year (i.e. 1 July 2019 to 30 June 2020) may be able to claim the cost of the car as a tax deduction.

If the car was purchased between 1 July 2019 and 11 March 2020, then the cost of the car may be

deducted in full under the instant asset write-off rules if the purchase price was less than $30,000.

If the car was purchased for your business between 12 March 2020 and 30 June 2020, the instant asset write-off is limited to the car limit of $57,581 for the 2019–20 income tax year.

3. Industry fees and charges Taxi and hire car drivers pay several fees and charges which can be deducted for tax. This can include

DRIVE A2B magazine ¡ www.drivea2b.com.au ¡ July 2020

fees to depots, networks, booking service providers and merchants.

It can also include commissions to taxi brokers and Cabcharge as well as tolls, airport parking, the $1 levy and group fees.

4. Licences and checks To become a taxi or hire car driver, you will need a valid driver's licence as well as a driver and vehicle accreditation. There may be costs associated with doing this and these can be deducted in your tax return.

5. Clothing Taxi and hire car drivers are often required to wear a compulsory uniform which is branded. If you purchased a compulsory uniform, then you may be able to claim this amount.

You may also claim the cost of cleaning a compulsory uniform as a tax deduction. You can claim a cleaning deduction even if you washed the clothes yourself at home at a rate of 50 cents per wash if washed with other clothes or $1 per wash if the wash only contains the uniform.

6. Equipment and consumables There are several common pieces of equipment that taxi drivers purchase for work. These can include a mobile phone holder, security camera, dash cam, seat

covers, stationery, signage and sunglasses. Deductions can be made for the purchase of equipment used whilst driving a taxi or hire car.

Taxi and hire car drivers also commonly purchase consumable items for passengers. These can include bottled water, breath mints, chewing gum, hand sanitiser and tissues. The cost of these items may be deducted for tax purposes.

7. Working from home expenses Taxi and hire car drivers commonly do some work at home. This work can include keeping up to date with the latest regulations, reporting an incident, submitting BAS returns and paying work related bills.

For the hours you work at home, you may be able to claim a deduction to cover expenses such as electricity, cooling and heating.

Having a dedicated work area at home (e.g. in a spare room) increases the amount that can be deducted.

In the 2019-20 financial year a deduction can be claimed for work performed at home between 1 March and 30 June 2020 even if the taxi driver does not have a dedicated work area at home (e.g. works at the dining table).

To claim a deduction for these expenses, all you need to do is

estimate the number of hours worked from home. This is then multiplied by the relevant rates for the period the hours were worked.

8. Computer equipment Taxi and hire car drivers could use a mobile phone or navigation system whilst driving, such as for navigating to pick up and drop off points. Taxi and hire car drivers who work from home may use their computer.

If the taxi or hire car driver operates a small business, then they may claim some or all of the cost of purchasing their mobile phone and computer.

9. Mobile phone bills In addition to the cost of purchasing their mobile phone, taxi and hire car drivers can also claim a tax deduction for some or all of their mobile phone bill.

If a mobile phone is also used for personal use, the portion of the mobile phone bill that is used for taxi and hire car driving can be deducted.

10. Tax and accounting Taxi and hire car drivers generally use the services of an accountant for bookkeeping and tax lodgements. The amount paid to the tax accountant can be claimed as a deduction in the financial year it is paid.

DRIVE A2B magazine ¡ www.drivea2b.com.au ¡ July 2020

9

NSW NEWS

NEW SOUTH WALES

NEWS

NSW Industry Update It has been pleasing to note that the NSW Taxi industry has seen some improvement in the demand for Taxis, since the easing of certain restrictions, recently announced by the NSW Government in June. These include; •

Increase in the number of people allowed to socially gather

•

Re-opening of Restaurants, Cafes, Clubs and Pubs with social distancing guidelines

•

A slight increase in people returning to work in the Sydney CBD

The Queen’s Birthday long weekend, which took place 6th to 8th June 2020, saw some increase in Taxi patronage right across NSW. We were delighted to hear of towns in Regional NSW reach capacity with accommodation and venues booked out at a number of locations.

The recent Taxi Stimulus Assistance package announced by the NSW Government seems to be having some positive impact on Operators looking to re-register their vehicles before 30 June 2020. The concern still lies with those Operators who deregistered their vehicles prior to 1 May 2020.

The Point to Point Transport Commissioner in NSW has also issued a set of guidelines for operation of COVID safe Taxis in NSW. The guidelines mainly address the health, safety and wellbeing for passengers and taxi drivers in NSW. There are also government funded Point

10

to Point Transport vehicle sanitisation stations in operation in metropolitan Sydney as well as in Regional NSW, with Dubbo being the first Regional location. This

is a complimentary service for all Point to Point Transport passenger service providers, including all Taxis in NSW, entitling them to one sanitisation per taxi/per day to help

minimise the spread of COVID-19 and further assist with maintaining driver and passenger safety.

Regional NSW Taxi Driver is a lifesaver Source: News of the area – Modern Media

Nelson Bay Taxi driver Meri Robinson went above and beyond the call of duty recently and the result of her actions is a life saved.

Meri who works for Nelson Bay Taxis in NSW was scheduled to pick up a regular elderly client at 8.15am in the morning. The client had booked the pickup the night before to get to her medical appointment.

When Meri turned up at the residence to pick up the passenger, things did not look quite right. Meri Robinson would usually arrive at the residence of her passenger and normally the front door would be open with the walker ready to go at the bottom of the stairs.

On this occasion the door was still locked and the client did not respond to Meri’s calling out. Meri took matters into her own hands and went to the Police Station to report the incident. What might have happened had Meri not acted could have been tragic.

NSW were on site to gain access for the ambulance service. Inside the residence of the elderly client, they found that she had a fall and a stroke, she had tried to get to the phone and it had been knocked off the hook and was sending out an engaged signal.

After Meri raised the alarm it was not long before Fire and Rescue

Meri has been driving a taxi in Nelson Bay, NSW for 11 years and

this is the second time that her actions have helped save a life. She believes it is about being part of the community; if things don’t look right, she believes that we need to step up and make sure people are OK. Meri is one of the taxi drivers who helps older residents to get out and about and stay independent in Nelson Bay, NSW.

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

11

NEW SOUTH WALES

STATISTICS

NEWS

NSW Industry Stats

COVID-19 ABS Survey results The ABS (Australian Bureau of Statistics) has released the fifth edition of Household Impacts of COVID-19 Survey which was conducted at the end of May 2020.

NSW Passenger Transport (PT) Driver Licences 140,000 120,000

119,847

122,791

Jan-20

Mar-20

122,923

123,348

99,403

100,000

77,838

80,000 60,000

Overall, the survey finds that the level of comfort felt by Australians in returning to their usual activities varied considerably depending on the type of activity. Below is a summary of the key findings.

40,000 20,000 0 Jan-18

Jan-19

Apr-20

May-20

Number of available NSW Taxi Plates Registered taxi plates

Plates on hold

7,000

•

•

•

12

Three in five Australians were looking forward to larger gatherings of family and friends (62%) and dining in at restaurants or cafes (61%). Notably 58% of Australians were looking forward to travelling domestically.

Comparatively, a larger proportion, three in four felt uncomfortable about attending large public events (76%) or indoor gatherings of over 100 people (66%).

A majority of people were also uncomfortable with returning to flying (63%) or travelling by public transport (59%)

•

Among those who expressed concern about returning to activities, a majority indicated that the development of a vaccine (64%) and lower daily infection rates (61%) would ease concerns.

•

While restrictions were gradually easing, social distancing continued to be observed as 95% indicated that they continued to keep their distance from people outside their household, and 79% avoided social gatherings with people who did not live with them.

6,000 5,000 4,000 3,000 2,000 1,000 0

31-Jan-18

31-Jan-19

31-Jan-20 29-Feb-20 31-Mar-20 30-Apr-20 31-May-20

NSW P2P Compliance Activities for June 2020 Taxis Vehicle Inspections

150

Hire cars 47

(safety standards compliance)

Advisory Visits (involving P2P Commission staff

9

-

providing advice to Authorised Service Providers)

Audits of Authorised Service Providers

1

1

Notifiable occurrences (relates to accidents or

5

38

incidents that are reportable)

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

CORONAVIRUS (COVID-19) CAR CLEANING TIPS FOR THE POINT TO POINT TRANSPORT INDUSTRY WHEN SHOULD I CLEAN MY VEHICLE? After a passenger leaves, if they had been unwell e.g. sneezing or coughing while in the vehicle.

At the end of each shift

WHAT SHOULD I CLEAN? Door handles

Buttons and radio

(both internal and external)

Window control, console and dash

Seat and headrests Seatbelts

Steering wheel

Payment terminal

Boot lid and handle

WHAT CLEANING PRODUCTS DO I USE?

Alcohol-based wipes with at least 60% alcohol

V1 April 2020

Clean thoroughly with household disinfectant

13

DRIVE A2B magazine · www.drivea2b.com.au · July 2020 pointtopoint.nsw.gov.au

AFTER COVID-19 WILL RIDESHARE BE AROUND?

As the COVID-19 pandemic sent Australia into lockdown, the ridesharing industry — one that’s been seemingly unstoppable for a number of years now — grounded to a halt.

Now, with restrictions easing, the sector is picking up speed again. But that’s not to say it’s going back to the ‘normal’ of six months ago.

For Uber rival Ola, the coronavirus period in Australia has been “a really interesting journey”, says Simon Smith, managing director for Ola in Australia and New Zealand.

Booking volumes were already trending downwards even before the government put restrictions into place.

“Obviously, people were concerned about travelling around and being out and about, and started to change their behaviour before it was compulsory,” Smith tells SmartCompany.

As soon as the stay-at-home orders were issued, “our bookings were hit very severely, as you would expect”, he adds.

Deemed an essential service, ridesharing providers continued to operate throughout the restrictions, offering rides to doctors’ appointments or to the supermarket, and for other unavoidable trips.

“We did go back to our startup roots,” Smith says.

“We had to pivot very quickly.”

All of Ola’s drivers were trained in best hygiene practices, he claims, and cars are now regularly deep cleaned.

Ola also launched Ola Pro, allowing riders to choose a car with a screen between the driver and passenger, and like many of its competitors, Ola also moved into parcel delivery.

Just this week, it launched a tipping service, “which allows customers to show their appreciation when they receive exemplary service from drivers”, Smith explains.

“There’s been a lot going on.”

SIMON SMITH

Managing Director | Ola Australia and New Zealand

That said, for the Ola Australia team, going back to the ‘startup’ roots didn’t actually feel like going back very far. The Uber competitor has only been in this market for two years, after all.

“We’ve been there before,” Smith says.

“It was exciting and challenging, but we knew that we had the skills in the organisation to do it.”

14

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

"

Ridesharing will look different after COVID-19, but it’s here to stay.

The new normal?

trajectory”, says Smith.

While Melbourne is still grappling with the spread of COVID-19, other parts of the country are almost back to normal.

So while the ‘new normal’ may mean the ridesharing industry looks a little different, Smith doesn’t believe it’s under threat.

Smith, predictably, doesn’t disclose just how significantly Ola’s revenues dropped during the worst of the health crisis, but he does say that in some markets things have picked back up to almost pre-pandemic levels.

The use cases of ridesharing have changed, and will continue to, he says. Obviously ferrying travellers to and from the airport was once a large part of the business, and while some people still come and go, that by no means makes up the bulk of the business any more.

“Since restrictions started to ease, we’ve seen very significant growth, led in particular by Perth,” he says.

“Our bookings there are on track for quickly getting back to pre-COVID and possibly even better than that.”

Ola’s business in New Zealand, which had a much stricter countrywide lockdown has since all but eliminated the virus, is also now seeing a “fantastic growth

Rather, as businesses are starting to make the move back into their office buildings, Smith is seeing a shift towards people using Ola instead of public transport to get to and from work, he says.

“They remain cautious about getting on public transport, and feel that catching an Ola is a safer alternative,” he says.

"

in which it won’t be the default expectation that everybody comes into the office every day. When people do, they will probably be more thoughtful about how they get in.”

If they’re travelling into the city less often, people may be more willing to spend more on taking a rideshare, he suggests.

At the same time, there’s a growing “social use case”, he says — that is, people using ridesharing services to meet their friends.

More and more, drivers are delivering people to their mates’ houses, a suburb or two away, rather than to CBD bars and pubs.

“We expect that behaviour to stay in place for a while as well,” Smith says.

SmartCompany

“We’re moving towards a world

a b m E ssy Cafe OPEN FOR YOUR TAKE AWAY ORDERS

by Stephanie Palmer-Derrien

WE’re open WE NEVER CL

OSE

T BURGERS IN TOWN S E B E H T FOR 547 Spencer Street S U T I IV S West Melbourne

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

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COVID-19 UPDATE

Borders are closed for 90 days From 8 July, you’ll need a border entry permit to travel from Victoria to NSW, except if you're entering NSW:

VICTORIA

NEWS

•

as an emergency or law enforcement services worker

•

for medical or hospital services

•

to avoid injury or escape a risk of harm

•

to attend court or to meet other legal obligations.

Permits are in place to help contain the spread of COVID-19 and to protect the health and jobs of NSW residents.

This closure is operating on a permit system for EVERYONE. Regardless of the person’s status – essential services, freight operator, travelling home, caring for relatives, seeking health assistance, travelling to work, students, etc., •

EVERYONE must have a permit to travel across the border.

•

Permit will be valid for 14 days.

•

Individuals must apply for the permit.

•

No bulk applications for permits are allowed.

•

EVERYONE (not just the Driver) travelling in a vehicle MUST have a permit.

•

For booked jobs the BSP should be checking that passengers have a permit.

•

It is not the CPV Driver’s responsibility to check the passenger has a permit, but everyone is encouraged to check before the trip commences.

•

You will not get over the border without all passengers having a permit.

You can apply for the Exemption Permit at the Service NSW website at https://bit.ly/2Z830QJ

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DRIVE A2B magazine · www.drivea2b.com.au · July 2020

VIC STATS

The statistical figures on this page are as at

70905

66604

TOTAL REGISTERED COMMERCIAL PASSENGER VEHICLES (CPV)

73992

31 May 2020

30-Sep-17 31-Dec-17

50192

31-Jan-19 30-Nov-19 31-Jan-20

UNBOOKED CPVS

Since October 2017

1002%

UNBOOKED CPVs COUNT IS DOWN

217

13396 2824

967

967

982

BOOKED CPVS

Number of Accredited Victorian CPV DRIVERS 31-May-20

107366

30-Nov-19

30-Sep-17

WHEELCHAIR CPVs COUNT IS UP

92479 65543

15

BOOKED CPVs

COMPLIANCE OUTCOMES Vehicle Inspections

186

Infringement Notice

1

Official Warning

0

(Written warning)

Rectification Notice

3,087

(CPVV defect notice)

Since Jan 2020

(VicRoads defect notice)

INCREASE SINCE OCT 2017

49,906

62076

FOR MARCH 2020

Since Jan 2020

2,840

109142

31-Jan-20

31-Dec-17

INCREASE SINCE JAN 2020

111982

31-Jan-19

Since Jan 2020

COUNT IS UP

931

WHEELCHAIR TAXIS

IN A NUTSHELL !

CPVs INCREASE

745

636

9796

10013

10876

10592

7271

5000

31-May-20

15

Defect Notice 0

Did you know there are...

1.3

drivers for every CPV in Victoria

7.7 rideshare vehicles

for every unbooked CPV

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

(taxi)

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Electric Vehicles in Australia Demand for EVs in Australia among private individuals increased by an astonishing 56% in the first half of 2020.

There’s no doubt electric vehicles (EVs) have made their way to Australia, but now it’s just a matter of how quickly they will gain hold here – considering the shift overseas is happening quite rapidly thanks to new vehicle emissions regulations in the European Union and California.

Currently, Australians have the choice of the following EV types: • •

•

a pure EV, which doesn’t use petrol and must be recharged via a cable; a plug-in hybrid vehicle (PHEV), which uses a combination of petrol engine and battery power and may also be plugged in to recharge; or the more conventional, now well-known hybrid vehicle (HEV), which uses petrol engine and regenerative braking to charge the battery and doesn’t need to be plugged in.

Research organisation BloombergNEF has observed that Australia is moving slowly in

18

the uptake of EVs, which only accounted for 0.7% of total new car sales in Australia in 2019 (despite last year being a record year for EV sales, motivated by the release of US electric-car specialist Tesla’s Model 3).

“The market is held back by a lack of sales incentives, poor model availability and a mismatch between consumer preferences and the EV models on offer,” BloombergNEF analyst Will Edmonds says.

What are the blockages for EVs gaining hold in Australia?

For one, Australia doesn’t have a policy for the uptake of EVs, with the Coalition government deriding a proposed 50% target initiated by Labor in the election campaign last year. Yet, EVs do get a special mention in the newly released Technology Investment Roadmap as a way to cut emissions and costs.

Unlike the United Kingdom or Norway governments, the Australian government offers no nationwide incentives or deductions for those purchasing an EV, PHEV or HEV (although

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

the ACT does offer a stamp-duty exemption on new ones purchased).

As well as no incentives or deductions, EV charging infrastructure isn’t as accessible in Australia, which restricts uptake and demand even more.

Even though the Australian vehicle market has experienced its greatest drop in sales in at least 30 years due to COVID-19 – with overall sales down by 35% in April this year compared to the previous two years – sales of EVs, PHEVs and HEVs leaped considerably, even with a small number; this suggests a fundamental change may be occurring in the market nonetheless.

Demand for EVs in Australia among private individuals, rather than businesses or government fleets, increased by an astonishing 56% in the first five months of this year.

Moreover, an approximate of more than 1000 Tesla vehicles were sold in Australia in the first three months of this year. The arrival of Tesla Model 3 and other affordable models in Australia is said to have been the driving force of the growth in EVs here.

An EV policy in Australia was expected to be announced by mid-2020, but whether this will be the case is no longer known as a result of the pandemic.

Without fresh policies, standards or regulations, progress in Australia will continue to be gradual.

Behyad Jafari, CEO of Australia's Electric Vehicle Council, believes the continued rise of EVs is mainly caused by an increase in the availability of new models.

"The good news is that we were talking about 2019 as a breakthrough year for EVs because then we tripled sales, and now we're beating that again in 2020 in the midst of a global pandemic."

Models such as the Audi e-tron, MG ZS EV, Mini Electric and Porsche Taycan are set to arrive in Australia in the second half of 2020, and this could give sales of EVs an extra boost.

There is also a proposed NSW government initiative to incentivise private and fleet buyers to purchase EVs. "The NSW government has indicated it's going to try and get funding [for those incentives] faster than expected," said Mr Jafari.

We get more and more EV, PHEV and HEV options in Australia each year, but their cost is still a major barrier to their uptake.

While the notion of ‘affordable EVs, PHEVs and HEVs’ may seem like an oxymoron, it is more than possible to buy a new model for under $50,000. Few would call $50,000 inexpensive, but when you consider the petrol an EV, PHEV or HEV could save you over a period of several years, the price can be seen as reasonable.

The COVID-19 pandemic has already changed life as we know it. However, one thing that remains predictable is our need for safe, costeffective transportation. This current crisis may mean less cars are purchased altogether in the next few years – in spite of that, some people may prefer to purchase an EV during this time.

Owning your own EV would allow you to travel without being in close proximity with others, and that makes this method of transportation a safer pick during the pandemic, in comparison to public transport.

If you have a good idea of which model you want to buy, now is the time to look into whether or not there are any worthy deals on it.

by Cindy Man Hun

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

All in all, we have deduced that for EVs to gain hold in Australia at a quicker rate, there needs to be an improvement in model availability, more allembracing EV policies, standards and incentives and additional corporate and government fleet electrification targets achieved.

19

VICTORIA

NEWS

Victorian Regulator and Camera Downloads Last month it was reported to me that the Victorian regulator, Commercial Passenger Vehicles Victoria, refused Wodonga police access to camera footage after a stolen credit card was used to pay a taxi fare. The regulator determined that the offence was not serious enough to pursue and it would require two CPVV safety compliance staff to travel to Wodonga for two days, including an overnight stay, and they would consider the request if the taxi driver involved was prepared to drive to Melbourne.

This is not the first time this has happened.

It happened again in March when police investigations were halted by the regulator’s refusal to hand over footage after a taxi was used, unbeknown to the driver, as a getaway car for several alleged burglaries in Wodonga.

In other states cutting-edge technology is used to protect both the passenger and the driver with video AND audio recordings that can be downloaded by an authorised officer.

In Victoria we have the same systems that were in the vehicles when I drove taxis, many years ago.

I have asked the Minister for Transport if there are any plans to implement improved systems to protect passengers and facilitate access to evidence for police investigations.

Channel 31 In the last sitting week I had the honour to table a document containing the signatures of almost 4000 people asking for support from our state and federal communications ministers for renewal of its broadcasting licences.

20

Rod Barton MLC Leader, Transport Matters Party

Channel 31 (C31), the local television station for Melbourne and Geelong, was forecast to be gone for good at the end of June 2020. It was going to be replaced by white noise.

There is just no reason why we would scrap a service that is still being used and enjoyed, that is sustaining itself, and is so obviously needed and valued by the community.

C31 in Melbourne has helped to launch the careers of countless media professionals such as Rove, Hamish & Andy, Waleed Aly, Nazeem Hussain, and Corinne Grant, and has provided valuable experience for TV and film students and production professionals.

During the COVID-19 pandemic local channels have been able to air content for local community groups who are no longer able to meet in person.

With 2.5 million Australians without access to the internet to watch online services, local television has been quick to respond to needs in their communities, streaming live masses over Easter and providing COVID-19 information in minority languages.

At the eleventh hour, the Victorian government granted C31 $120,000 to assist it in transitioning to a digital model. In turn the Federal government extended C31's broadcast licence for another 12 months. This is great news for the community and all Victorians!

Until next month, stay safe and stay well.

DRIVE A2B magazine ¡ www.drivea2b.com.au ¡ July 2020

Rod Barton MP Leader, Transport Matters Party

Thank you to everyone who has supported the Transport Matters Party in the past. Without your help we would not be where we are today.

To retain our registration as a political party with the Victorian Electoral Commission we are required to demonstrate an ongoing member base. We ask that you please consider renewing today - this is so essential for the survival of the party. It is only a $22 annual payment, which can be made online. Your ongoing support is critical to our future.

In November 2018, Transport Matters Party Leader, Rod Barton, went to the polling booths with the mission to get answers and assistance for those who had lost their taxi and hire car licences but kept the debt on those licences.

We have had many significant achievements in the past 18 months, since Rod Barton MP was elected to the Legislative Council, but to continue our good work we need our founding members behind us.

OUR WINS, SO FAR....

We have notably had some exceptionally good wins, despite the slow-moving wheels of government.

•

•

•

In the first month of Rod’s term we were successful in getting a Parliamentary Inquiry into the 2017 Commercial Passenger Vehicle (CPV) industry reforms, which was a huge achievement. The inquiry received over 300 submissions and held numerous public hearings over a six month period during 2019.

Subsequently the inquiry resulted in a return of 13 recommendations that acknowledged the hardships

•

In May 2020 Mr Barton was appointed to a Ministerial Advisory Panel to develop a set of recommendations for a COVID-19 support package for the CPV industry, which we hope to see approved by cabinet and announced by the time you read this. Mr Barton will then continue as part of this Advisory Panel as it moves to review the recommendations in response to the 2017 Commercial Passenger Vehicle Reform Inquiry.

For the last 18 months the Transport Matters Party Executive Board, staff and volunteers have focused on getting us into a position with the Andrews Government where we can have a real influence on outcomes for the Victorian CPV industry.

All of us at the Transport Matters Party are determined to keep fighting and see this through; to make sure we repair the past and create a pathway to move forward as a positive, efficient and sustainable industry.

Our members are an integral part of the Transport Matters Party, and we need your support as we continue and succeed. We need your help. We need our members onboard.

RENEW OR JOIN TODAY

Membership is only

$

22

Renew your membership & update details visit www.transportmatters.org.au/renew or

faced by the industry - another win for the Transport Matters Party members.

call the office on 03 5990 3189 to make payment over the phone.

For over a year we have worked with members and the Australian Tax Office to achieve an internal tax review of the Fairness Fund payments. This has resulted in a significant tax refund for the licence holders who have

www.transportmatters.org.au/join

left the industry after the reforms.

To become a member visit

Your $22 membership fee could be the difference that gets us over the line.

Under the model Workplace Health and Safety (WHS) laws, duties apply to any person conducting a business or undertaking (PCBU) which includes employers, but also others who engage workers.

The model WHS laws have been implemented in all jurisdictions except Victoria and Western Australia.

Below are measures to ensure physical distancing is achieved for taxi, hire car, limousine and ride share services.

Drivers: While transporting passengers Drivers are responsible for making sure physical distancing is observed to the extent possible in their vehicles. Where possible, drivers should ask passengers to: •

sit in the back seat of the vehicle

•

handle their own luggage, and

•

use contactless payment – where cash payment is required, drivers should wash their hands with soap and water for at least 20 seconds if

22

possible, or use alcohol-based hand sanitiser, afterwards.

Avoid handshakes or any other close physical contact with passengers.

passengers to maintain physical distancing while queuing or standing in waiting areas.

Set air conditioning to external airflow rather than to recirculation, or have windows open where appropriate.

While waiting at taxi stands or designated passenger pick-up points, drivers should avoid physical contact and maintain more than 1.5 metres distance from other drivers when not in their vehicles.

At taxi stands and designated passenger pick-up points

Vehicle depots: Worker interactions and work tasks

Place signage and floor markings at taxi stands and designated passenger pick-up points, to direct

Where possible, provide each person with 4 square metres of space in enclosed areas in

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

accordance with general health advice.

To achieve this, calculate the area of the enclosed space (length multiplied by width in metres) and divide by 4. This will provide you with the maximum number of people you should have in the space at any one time.

Where the nature of work means you are not able to provide 4 square metres of space per person, you need to implement other measures to prevent the spread of COVID-19.

Where it is practical and safe to do so, review tasks and processes that usually require close interaction and identify ways to modify these to increase physical distancing between workers. Where not possible, reduce the amount of time workers spend in close contact.

to make sure there is 4 square metres in your workplace per person and keep everyone apart by at least 1.5 metres, where possible.

Staff gatherings and training Postpone or cancel non-essential gatherings, meetings or training.

If gatherings, meetings or training are essential: •

use non face-to-face options to conduct – e.g. electronic communication such as tele and video conferencing

•

if a non face-to-face option is not possible, ensure faceto-face time is limited, that is, make sure the gathering, meeting or training goes for no longer than it needs to

•

Do I need to do both?

That is, make sure there is 4 square metres per person and physical distancing of 1.5 metres?

Yes. You need to do what you can

Need

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assistance?

•

hold the gathering, meeting or training in spaces that enable workers to keep at least 1.5 metres apart and with 4 square metres of space per person – e.g. outdoors or in large conference rooms limit the number of attendees in a gathering, meeting or training. This may require

multiple training sessions to be held, and •

ensure adequate ventilation if held indoors.

Do workers need to practice physical distancing when on a lunch break or when travelling to and from work?

Yes. Workers must always comply with any state or territory public health directions or orders. This includes maintaining a physical distance of 1.5 metres between people.

In some states and territories there are strict limitations on gatherings in public places. This means that in some circumstances, workers cannot eat lunch together in a park or travel together in a vehicle to and from work.

You should refer to your state or territory health authority for further information on specific restrictions in place under public health directions or orders in your state or territory.

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REFORM UPDATE

WESTERN AUSTRALIA

NEWS

Final Stage of Reforms has Started The overhaul of the taxi and on-demand transport industry in Western Australia has entered its third and final stage.

The transition to passenger transport driver (PTD) authorisations completes the reform package that has been implemented over the last two years under the Transport (Road Passenger Services) Act 2018.

The reform has seen on-demand booking services, vehicles and now Passenger Transport Drivers require authorisation and to accept new safety obligations and responsibilities.

WA Transport Minister Rita Saffioti says, "The historic on-demand transport reforms we have implemented have delivered a safer and more accountable industry for passengers, drivers and other road users."

"The reforms have also provided more flexibility for those working in the industry, allowing them to better tailor their businesses to suit their needs and adapt to changing customer requirements."

From July 1, 2020, drivers entering the passenger transport industry must apply for the new PTD authorisation, while drivers already working in the industry have 12 months to transition to the new arrangement.

"This final stage of reform - the move to PTD authorisations - clarifies in regulation what constitutes a fit and proper person to transport passengers, adding to the culture of safety that is at the heart of the industry reform", said Minister Saffioti.

"I recognise that change is not always easy and I commend the passenger transport industry for coming with us on this journey."

24

DRIVE A2B magazine ¡ www.drivea2b.com.au ¡ July 2020

REFORM UPDATE

Change over now and save $88 In July 2020, Passenger Transport Driver (PTD) authorisations were introduced – replacing F and T driver’s licence extensions that permit someone to drive for hire or reward.

A PTD authorisation allows drivers to transport passengers in any type of vehicle appropriate to their driver's licence class - a simpler system that allows more flexibility for drivers.

It is an annual authorisation that must be renewed every year. New rules for the passenger transport industry will set criteria for a person to be granted a PTD authorisation that are different to that of an F/T extension.

Cross checks against criminal and traffic offences Drivers will be assessed against a list of serious criminal and traffic offences

that, if committed, will disqualify them from holding a PTD authorisation either permanently or for periods of 10 years, five years or 12 months.

All current F/T extension holders will therefore need to be re-assessed against these driver disqualification offences, as part of a new application for PTD authorisation.

Drivers who currently hold F (charter) or T (taxi) driver's licence extensions can continue to drive passengers under their current authorisation until June 30, 2021, but must have a PTD authorisation to continue driving passengers after that date.

PTD costs There are two costs associated with a PTD authorisation: •

an initial $28 application fee, when a driver first applies for a PTD authorisation; and

•

an annual $88 authorisation fee.

Current F and T extension holders who apply for a PTD authorisation before October 30, 2020 will be exempt from paying the first year’s authorisation fee (the $28 application fee will still apply). Applications received after this date will need to pay the full authorisation and application fees.

If a driver does not renew their PTD authorisation by the renewal date and allows it to lapse, they will need to pay the application and authorisation fees to apply for a new PTD authorisation.

The annual PTD authorisation fee will recover the cost of the ongoing monitoring of drivers’ suitability to drive a vehicle for hire or reward – previously this cost has been covered by the taxpayer.

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

25

On the road again Many of Canberra’s friendly taxi operators are back in business and ready to go from A to B. Navdeep Singh, Director of Malwa Group has worked in the Canberra taxi industry for more than a decade.

handles and surfaces frequently, as well as sanitising seats after every use.”

“I love so much about Canberra, my favourite things are its modern design and that it is a family-oriented city,” he said.

“I have asked my drivers to request all customers use hand sanitiser before they enter the car, to sit in the back seat, and also pay with debit or credit cards where possible to avoid handling cash.”

Like many local industries, Navdeep’s taxi business was impacted by COVID-19.

“At first l was depressed and wondered how I would survive as my family, workshop and drivers all rely on my business.”

But with support from his family, friends and the ACT Government, Navdeep is now optimistic that things are looking up.

for taxi drivers and the broader community, Navdeep is grateful for the spirit with which everyone is embracing the uncertainty and change.

“Most Canberrans are really appreciative of the care we are taking and have responded well to these changes.”

“I want to acknowledge all the drivers who are providing a 24 hour essential public transport service during the pandemic. I hope Canberrans feel confident about using taxi services when they need to. We are doing everything we can to ensure you and our drivers are safe, and we need your support as local small businesses.”

“Drivers are also using hand sanitiser regularly, have tissues for themselves or customers if they need them, and take time off if they are feeling unwell.”

To find out more about what supports are in place for local businesses during COVID-19 visit www.COVID19@act. gov.au

Reflecting on this challenging time

“The Government helped the taxi industry a lot with the one off $5000 payment, allowing us to re-establish our cars without a roadworthy check if they had passed an inspection in the previous nine months. I’m able to stay in business because of this support.

I am even starting to relax and enjoy some time with my family again.”

Navdeep says that taxi drivers are doing everything they can to support the safety of their customers.

“My first priority is to keep my taxis hygienic and clean by wiping door

26

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

TRANSPORT IMPACTS ALL ASPECTS OF OUR LIVES how we get to work and to school, how we go to the football, how we socialise, and the lives and welfare of those who work in the taxi, hire car and public transport networks.

The Transport Matters Party strives to improve the entire transport and infrastructure network throughout Victoria, working with communities to ensure fairness and considered planning to enhance everyone’s quality of life and preserve the environment.

Membership Be part of a movement that matters....

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www.transportmatters.org.au/join $ www.transportmatters.org.au/join

Coronavirus has fasttracked our journey to a cashless future, but will cash disappear altogether?

by Kishor Napier-Raman

Australians are using less cash than ever. We’ve stopped taking money out of ATMs. We’ve stopped using it to buy coffee.

And while other societies stubbornly cling to oldfashioned payment methods, we’ve taken up contactless tap-and-pay with great enthusiasm. And now, as COVID-19 has induced a fear of physical contact, that’s set to accelerate.

A long decline

The virus makes it worse

When did so many Australians fall out of love with cash?

The most recent survey of consumer payment behaviour from the Reserve Bank of Australia suggests it’s been a long time coming.

But these changes in spending patterns will probably be locked in even further by the pandemic, with more shops urging customers to use cards or contactless payments, says Swinburne University of Technology Professor Steve Worthington.

In 2007, cash accounted for 69% of transactions, cards 26%. The most recent survey, in 2019, found cash had fallen to 27% (down 10% from the 2016 survey), and cards were at 63%.

Despite the recent growth in things like Apple Pay, internet and phone banking account for just 3% of all payments.

The Commonwealth Bank said Australia is the sixth least cash-dependent society in the world and could be cashless by 2026. Other more ambitious estimates suggest that could happen in just two years.

It’s a trend across the Western world. Even in the United States, where things like tap-and-pay are a rarity compared with Australia, three in 10 adults don’t use cash each week.

28

“I think people will get used to not using cash and after the pandemic those habits will roll on,” he says.

“Contactless, digital and other payments will increase.”

In early March, the World Health Organisation was misreported as having recommended contactless payments over cash. It had, in fact, advised people to wash their hands after using banknotes.

Still, the decline of cash has been swift. Anecdotally, at least, many cafes and restaurants are accepting only cards. ATM withdrawals have declined by about a third since the start of the crisis and there’s been a 60% drop in ATM withdrawals in the UK. But there are other ways the pandemic might have rewired our spending habits. In the early days when we were panic-buying toilet paper and

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

pasta, others were doing the same with cash.

“When the whole pandemic kicked in there were a lot of large transactions where people took a lot of money out of the bank at a time,” Worthington says.

“During a crisis like this, people feel a bit insecure, so you’d rather have cash to hand.”

businesses from refusing cash.

The Reserve Bank said some people were withdrawing millions — the kind of behaviour last seen during the height of the global financial crisis.

Worthington says once the pandemic is over, Australia should consider doing a similar thing. We still have our share of unbanked or underbanked people.

Less cash, but not quite cashless Worthington isn’t convinced of a cashfree future.

“Cash will continue to decline, but it won’t be eradicated,” he says.

And during a tough economic recovery it’s they who will suffer most without freedom to pay with cash.

This article is the first in a series on the future of money by SmartCompany

Handling digital payments Step 1 Present the EFTPOS machine to the customer for payment.

“We might be a less cash society, but we won’t be a cashless society.”

Step 2

That’s because for many of society’s most vulnerable people, a cash-free society can be incredibly exclusionary.

“People with disabilities, the elderly, people in rural communities with less access to technology, newly arrived migrants without a bank account, they’re all excluded,” Worthington says.

Sweden, the poster child for a cashfree world, is a case in point. There are fears it moved away from cash so fast that many who relied on it were left behind, and it’s now so tough to even find an ATM in Stockholm that the country recently passed a law forcing banks to offer cash.

And in the US, there’s a growing pushback against cashlessness at a local level: in January New York joined New Jersey, San Francisco and Philadelphia in passing a law stopping

Make sure the customer can see the total amount clearly without touching the machine.

Step 3 Ask the passenger to tap/swipe their card, so that you don’t have to touch the card.

Step 4 If you handled the card or receipt, sanitise your hands.

Step 5 Clean the terminal with an appropriate disinfectant or detergent.

Help reduce the risk of spreading coronavirus (COVID-19).

Keep your hands and payment machines clean at all times.

For guidance on how to clean frequently touched surfaces, visit https://bit.ly/2wh9Ibl CPVV_S164_7670_03/20_V1

DRIVE A2B magazine · www.drivea2b.com.au · July 2020

29

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OWN YOUR OWN BUSINESS AS A TAXI OPERATOR Are you a taxi driver looking to become your own boss and work for yourself? If you are, talk to us about leasing a taxi plate and working with Canberra’s biggest taxi fleet. We will help you through the process of becoming an accredited taxi operator and starting out in your own business. Contact fleet@aerialcg. com or call our Office (02) 6126 1500.

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DRIVE A2B magazine · www.drivea2b.com.au · July 2020

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DRIVE A2B magazine · www.drivea2b.com.au · July 2020

31

OVERSEAS

news

Antwerp scraps taxi laws to encourage Uber's arrival

by Maïthé Chini

Uber will be allowed to operate in Antwerp from now on, as the city council has scrapped the city’s existing taxi regulations.

In Belgium, Uber mainly operates in and around Brussels.

However, by deregulating taxi services in Antwerp, more competition will become possible, which should benefit mobility.

Last month, the city decided to abolish the limit on the maximum number of taxis in Antwerp, and gave taxi companies the power to set their own prices.

The decision is a consequence of the new Flemish taxi decree, according to Antwerp alderman for Mobility Koen Kennis, which was meant to modernise taxi services in Flanders.

Uber would be welcome to start operating in several Flemish central cities, according to Kennis. “But, and this is very important: no cowboy tricks to undercut the competition,” he told De Morgen.

“Antwerp is rolling out the red carpet for international platforms.

They take advantage of this [measure] to set their prices so low that everyone else is pushed off the market. Then, they set a high price themselves,” Koen Van Oorschot of the professional association of Antwerp taxi companies told VRT. “The sector seems to be stuck in the past. Everything will probably have to become a bit more digital and flexible.

Additionally, everyone will still have to comply with social legislation,” Kennis added.

Canada top court clears way for Uber drivers class action Canada's top court found that Uber's costly arbitration process to settle disputes is "unconscionable and therefore invalid".

The Supreme Court of Canada cleared the way for a CAN$400 million (AUS$425 million) class action lawsuit to force Uber to recognise drivers as employees, while ruling its arbitration scheme void.

"Respect for arbitration is based on its being a cost-effective and efficient method of resolving disputes," Chief Justice Richard Wagner wrote in the decision.

"When arbitration is realistically unattainable, it amounts to no dispute resolution mechanism at all."

The case involved David Heller, a delivery driver for UberEats who sought in 2017 to launch a class-action to force Uber to recognise its drivers as employees rather than independent contractors.

He was opposed to a new Uber compensation package, and wanted for drivers a minimum wage, vacation pay and other protections under Canadian labour laws.

Uber, seeking to quash the litigation, insisted that his grievances must be dealt with through arbitration.

It cited a contract clause requiring

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DRIVE A2B magazine · www.drivea2b.com.au · July 2020

disputes between drivers and the company to be arbitrated in the Netherlands, at an upfront cost of AUS$20,900.

But the top court said arbitration was "out of reach for him and other drivers in his position."

"His contractual rights are, as a result, illusory," it said.

The Supreme Court also agreed with the Ontario Appeals' Court that said the arbitration scheme amounted to an illegal outsourcing of employment standards.

Uber has long argued it is merely

a platform linking self-employed drivers with riders, a model which allows for avoidance of certain taxes and social charges as well as paid vacations.

However that practice, which underpins the gig economy that employs 1.7 million Canadians or 8.2 percent of the workforce, has increasingly come under legal attack in many countries.

It found that Uber had control over the driver by his connection to the app which directs him to clients, and thus should not be considered an independent contractor but an employee.

Heller no longer works for Uber.

But his court victory is seen as another step toward recognition of gig economy workers as employees, rather than contractors.

In March, a French court ruled in a similar case against Uber's appeal of a 2019 decision that a former driver who sued the firm effectively had a work contract.

DRIVE A2B magazine ¡ www.drivea2b.com.au ¡ July 2020

33

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On 25 April 2020, the Queensland Government announced support for taxi, limousine and rideshare drivers and operators as part of a $54ive noes absolutely nothing to show appreciation of the work that our industry provides.

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