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Infringement notice for dropping off in Loading Zone

Discussion in 'Uber Drivers Melbourne (all VIC towns)' started by Jaussie, Nov 15, 2017.

  1. Jaussie

    Jaussie New Member

    Hi, I received a parking fine notification for stopping in a Loading Zone today
    I phoned them up to say I was Ubering and she said Uber's can't stop in the zone, only taxi's can. I can submit an appeal by email. Did a bit of research today and have composed my appeal.

    How does this sound and what do you think my chances are? Worth a try.

    Jaussie

    [infringment notice details]

    I am emailing to appeal the above infringement notice due to being a taxi that was dropping off passengers on the alleged date at the alleged location.

    With reference to ROAD SAFETY ROAD RULES 2017 (Vic) - REG 179, for the purposes of 179(1)(g), the Rules state that the dictionary definition of taxi is to be used.
    ___________________________________________________________
    ROAD SAFETY ROAD RULES 2017 - REG 179
    Stopping in a loading zone
    (1) A driver must not stop in a loading zone unless the driver is driving—
    (a) a bus, or a commercial passenger vehicle within the meaning of section 86 of the Transport (Compliance and Miscellaneous) Act 1983 and licensed under Division 5 of Part VI of that Act, that is dropping off, or picking up, passengers; or
    (b) a motor vehicle (together with any trailer, fore-car, sidecar or other vehicle or device attached to it) that—
    (i) has seating positions for 10, 11 or 12 adults (including the driver); and
    (ii) is being used to carry passengers for hire or reward; and
    (iii) is dropping off, or picking up, passengers; or
    (c) a truck that is dropping off, or picking up, goods; or
    (d) a courier vehicle displaying a courier vehicle sign that is dropping off, or picking up, goods; or
    (e) a delivery vehicle displaying a delivery vehicle sign that is dropping off, or picking up, goods; or
    (f) a vehicle (other than a sedan, station wagon or motor bike) that is dropping off, or picking up, goods which is constructed principally for carrying loads, that—
    (i) has displayed on it a registration label or other identifying label or mark issued or approved by the Corporation or the Regulator indicating that in the opinion of the Corporation or the Regulator the vehicle is constructed principally for carrying loads; or
    (ii) the register indicates is constructed principally for carrying loads; or
    (g) a taxi that is dropping off, or picking up, passengers or goods.
    Note
    "Bus", motor vehicle and the register are defined in the Road Safety Act 1986 . Courier vehicle , courier vehicle sign , delivery vehicle", "delivery vehicle sign , motor bike , taxi and truck are defined in the dictionary.

    (2) A driver who is permitted to stop in a loading zone must not stay continuously in the zone for longer than—
    (a) 30 minutes
    ; or
    (b) if information on or with the loading zone sign applying to the loading zone indicates another time—the indicated time.
    _______________________________________


    In Uber BV v Commissioner of Taxation [2017] FCA 110 the court found that the ordinary dictionery meaning of “taxi” encompasses the UberX service.

    The ordinary meaning of the word “taxi” is a vehicle available for hire by the public which transports a passenger at his or her direction for the payment of a fare that will often, but not always, be calculated by reference to a taximeter.

    The court found also found against Uber's defence that "…..the vehicle must be physically identified as a “taxi”, the vehicle have a light on the roof to show its availability, the vehicle contain a taximeter which calculates and displays to the passenger the progressive fare."

    I have attached images to confirm I was conducting the taxi service under the UberX service at the location in question to drop off my passengers in the Loading zone.

    I await your response in reply to this appeal against the above Infringement notice.
     
    river view and Cold Gin like this.
  2. Uberx zoom

    Uberx zoom Well known member (founder)

    Hi Jaussie,

    I'm not a law professional but to me this sound like a perfect defence and makes a lot of sense.

    They may still reject your claim, the laws are still fairly behind when it come to rideshare and councils are after parking fines revenue. But if they do reject your claim than i would definitely take that to court stating the same as you did.

    You may want to rewrite better or get rid of the following paragraph as it dosn't help much in it's present form:

    "The court found also found against Uber's defence that "…..the vehicle must be physically identified as a “taxi”, the vehicle have a light on the roof to show its availability, the vehicle contain a taximeter which calculates and displays to the passenger the progressive fare."

    Good luck! This is an important topic. Please keep us updated.

    UXZ
     
    Last edited: Nov 17, 2017
    Cold Gin likes this.
  3. Jaussie

    Jaussie New Member

    Thanks UXZ,
    I'm going to drop into the Uber Hub today just to see if they have anything that I should be adding / arguing.
    I'll keep you updated

    Jaussie
     
    river view, Uberx zoom and Cold Gin like this.
  4. Jaussie

    Jaussie New Member

    I have submitted the review information. Uber Hub were no help. I spoke to 4 different staff members and they all said the same thing - We are self employed and they don't get involved in other people's businesses. I didn't want to get them involved, I just wanted to know if we were classed as a taxi service. They were all clueless about it.
    I'll let you know the outcome.
     
    Cold Gin, Uberx zoom and river view like this.
  5. Uberx zoom

    Uberx zoom Well known member (founder)

    I had an incline Uber will be clueless, "fines are the driver problem" unfortunately.

    The council may change the fine to a warning in your case. Please keep us updated.
     

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