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Unfair Cancellation of Drivers Authorisation- Uber drivers.
Losing your driver’s licence can have major consequences, for a person that relies on their vehicle for work this could mean a loss of income for an extended period. What makes a disqualification worse is when the circumstances were out of your control. One such circumstance arises when claims of public and driver safety are put into question without any substantial evidence.
As an operator and driver of public passenger services, you must comply with passenger transport legislations. In other words, drivers who operate UBER and OLA are required to comply with The Transport Operations (Passenger Transport) Act 1994, the Transport Operations (Passenger Transport) Regulations 2005 and the Transport Operations (Passenger Transport) Standards 2010, in as much as the safety of the passenger is concerned. There are Transport Inspectors who are appointed to ensure such safety is ensured. Under the legislation, inspectors have the powers to conduct enquiries into such matters.
What can happen when a passenger makes a complaint against a driver of public passenger services, operating as an UBER or OLA driver? Once a complaint is made to such a service, that entity must notify the Department of Transport and Mains Roads if they disaffiliate a driver because of serious misconduct by the driver.
Once such a notification is received by Department of Transport and Mains Roads, under the regulations they may issue a proposal to suspend the driver’s authorisation (licence). As a driver you have 28 days to respond to that notice.
The question here arises is, what if the complaint is not true and has been made for reasons, other than a breach of public safety? In any event, it’s the poor driver who is left to give explanations/ justifications for something that may be unfounded. What are your rights as a driver?
The hard truth is that, the passenger service entities would be quick to get rid of you after all their reputation is at stake! Hastily conducted enquiries, where decisions are made within a day may be conducted, to justify their decision? Is that enough?
Recently we had such a case. The lively hood of the driver was at stake. We successfully argued that it would be unjust to cancel the driver’s authorisation under the given circumstances.
The above case highlights the vulnerability of drivers in such a profession. What can you do to protect yourself? Protect your interest. To start with, install a camera and record all the activities. Let the passenger know that their activities are being recorded. Secondly, the government is the legislating body, they should make it mandatory for all private “operators” entities to install and monitor such cameras in the driver’s car. After all, it’s the responsibility of these entities to ensure public safety too.
Feel free to contact us if you have had such issue. We would love to hear your thoughts.