Uber or GoCatch sticker required from Wednesday 1 November 2017

Jack Malarkey

Well-Known Member
Uber has just sent an email, text and in-app message to Canberra drivers about a new requirement taking effect from Wednesday 1 November 2017 to display an Uber sticker on the driver’s side rear window whenever online to accept trips or during trips.

Here’s the text of the email:



Updating Your Postal Address

Hi Jack,

From 1 November 2017, the ACT Government will no longer require you to display the green laminated ACT ‘Vehicle Licence’ on your vehicle.

From this date onwards, all ridesharing vehicles in the ACT will need to have a sticker of their selected ridesharing platform displayed on the rear windscreen, on the driver’s side.

This means that you'll be required to display an Uber sticker on your vehicle whenever you go online to accept trips through the Uber app. Don’t worry, the Uber stickers are removable, and are to be displayed during rideshare trips only.

This is similar to the current process of displaying the Vehicle Licence on your windscreen.

You'll still need to hold a Rideshare ‘Vehicle Licence’ issued by Access Canberra. Keep an eye out for information from Access Canberra about the annual fee required to keep your Vehicle Licence current.

We will mail an Uber sticker by late October to your current postal address:

[current address shown]

If these details are incorrect, or you have changed address, simply click the button below to update.

UPDATE MY ADDRESS
Need support?
We're happy to help! If you have a question about obtaining a vehicle sticker, click the link below.

GET SUPPORT ❯

Jack Malarkey’s comment:


I regard this as a retrograde step.

It ensures consistency with the regulatory approach in New South Wales (proposed) and Queensland (current) but is hardly an improvement on the current ACT approach of simply displaying the vehicle licence at the front left of the car facing out.

The current system adequately identifies the car as a rideshare vehicle without referring to a particular platform such as Uber or GoCatch.

Under the new arrangements, drivers who are online on both the Uber and GoCatch platforms
at the same time will need to display stickers for both platforms.

Imagine a future Canberra where Lyft, Hi Oscar and Sheba are also available for rideshare. The driver would need to have up to five stickers on the back of their car at the one time.

Having the stickers at the back of the car on the driver’s side is also more difficult (and dangerous) to put on and remove than under the current arrangements and for no apparent advantage.
 
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Kah Chere

Active Member
HAL sends us messages light on detail.
How do we get these stickers?
Why are we being asked to duplicate something that is already displayed?
Is it a Government regulation or an Uber requirement?
Does anyone know the answers to these questions?
 

Jack Malarkey

Well-Known Member
HAL sends us messages light on detail.
How do we get these stickers?
Why are we being asked to duplicate something that is already displayed?
Is it a Government regulation or an Uber requirement?
Does anyone know the answers to these questions?
Kah Chere, Uber will be posting the stickers to us.

I have just emailed Access Canberra to request more information and will share their response when received.
 

Jack Malarkey

Well-Known Member
GoCatch has relevantly advised drivers by email:



Vehicle Identification Signage (Economy & Premium)

GoCatch is increasing its profile with in-car signage. You can order a GoCatch sign for your vehicle.

These signs are now mandatory in QLD and will be mandatory in NSW soon. Each sign package includes 2 signs and 2 adhesive sleeves for $8 which will be deducted from your driver account in the next pay cycle after request.

GoCatch is circulating these at cost. If you've already submitted a request via the form previously, please disregard as your signage package should be with you shortly.

Request a Vehicle Identification Sign


REPLY FROM ACCESS CANBERRA TO MY EMAIL


I have just received a reply from Access Canberra to my email. Below are my questions and the answers received.

(1) Has Uber correctly summarised the new legal requirements?

The information provided by Uber is correct.

(2) When were these changes legislated? Would you please provide legislative references with a link to them.

Section 164O of the Road Transport (Public Passenger Services) Regulation 2000 provides for the Road Transport Authority to agree to identifying a rideshare vehicle in another way, other than displaying a rideshare vehicle licence, issued by the RTA. As such, the RTA has agreed for Uber (and any other rideshare service provider) to provide a sticker to licence holders to display in their vehicles while the vehicle is being used to provide a rideshare service. This is also consistent with requirements in NSW, QLD and Victoria. Link to ACT legislation website - http://www.legislation.act.gov.au/sl/2002-3/default.asp


(3) Do drivers have the option of having a simple ‘rideshare’ sign that doesn’t refer to a particular platform such as Uber or GoCatch? (Drivers are concerned about having to display multiple stickers if they are online at the one time with more than one platform.)

No, as at 1 November the RTA will no longer be issuing the green rideshare vehicle licence. But while there is currently no legal requirement for a rideshare booking service to provide a label/sticker we consider that if a vehicle is linked to more than one rideshare platform that the driver should display the sticker of the main booking service, as the aim of the legislation is to ensure that these vehicles are easily identifiable as a rideshare vehicle. However, this may change in the future, as amendments could be made to the Service standards to ensure all rideshare booking services provide a sticker to drivers. The stickers must be easily removable and reusable and displayed on the rear window of the vehicle.

(4) If a rideshare driver has hire car (H) number plates, are they required to display the sticker while available for or carrying out rideshare work?

Yes, hire cars are required to display a sticker when providing a rideshare service.
 
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AustralioDriver

New Member
Can somebody please indicate exactly what legislation requires the sticker to be placed on the rear windsreen. I cannot find it in
Road Transport (Public Passenger Services) Regulation 2002. Or is it in some other legislation? I note that reg 164U prohibits advertising. ($1400 fine) If that huge sticker is not an advertisement I dont know what is.
 

Jack Malarkey

Well-Known Member
Can somebody please indicate exactly what legislation requires the sticker to be placed on the rear windsreen. I cannot find it in
Road Transport (Public Passenger Services) Regulation 2002. Or is it in some other legislation? I note that reg 164U prohibits advertising. ($1400 fine) If that huge sticker is not an advertisement I dont know what is.

(UberDriverAU, if you have the time and inclination to check my interpretation below, I’d be grateful for your thoughts.)

AustralioDriver, you ask an interesting question.

I have now concluded that from 1 November we are not in fact legally obliged to have an Uber sticker on the back provided we have the green rideshare licence correctly displayed at the front. This is despite the advice we’ve received.

Let’s begin with the answer from Access Canberra to my second question as set out in my second post above made on 26 September:

(2) When were these changes legislated? Would you please provide legislative references with a link to them.

Section 164O of the Road Transport (Public Passenger Services) Regulation 2000 provides for the Road Transport Authority to agree to identifying a rideshare vehicle in another way, other than displaying a rideshare vehicle licence, issued by the RTA. As such, the RTA has agreed for Uber (and any other rideshare service provider) to provide a sticker to licence holders to display in their vehicles while the vehicle is being used to provide a rideshare service. This is also consistent with requirements in NSW, QLD and Victoria. Link to ACT legislation website - http://www.legislation.act.gov.au/sl/2002-3/default.asp

The first comment I’d make is that the relevant year for the regulation is 2002 rather than 2000.

Here is a link to the relevant regulation: http://www.legislation.act.gov.au/sl/2002-3/current/pdf/2002-3.pdf.

Section 164O is on page 146.

Section 164O is, on my reading, irrelevant.

The relevant provision is in fact section 164S (see page 148).

Subsection (1) of section 164S specifies that the rideshare driver commits an offence if the rideshare licence isn’t displayed in the way required.

Subsection (3) states:

‘Subsection (1) does not apply if—

(a) the road transport authority has agreed to the rideshare vehicle being identified in another way; and

(b) the rideshare vehicle is identified in the other way’.

The Road Transport Authority has agreed to rideshare vehicles being identified in a different way (as has been communicated to us).

But my reading of the legislation is that it’s not mandatory to replace the green rideshare licence at the front with the new Uber signs at the back.

If you do, you don’t commit an offence.

The legislation (on my reading) would require amendment to mandate the replacement of the rideshare licence with the Uber sign.

I will be using the sign Uber has provided even though I don’t like it and I don’t believe the law in fact requires me to do so (even though it permits me to do so).

I understand that the New South Wales legislation is clear on the point so there’s no doubt that we would need to display the Uber sign at the back when rideshare driving in Queanbeyan.
 
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BlackNight

Active Member
I took a look at 164O.

It penalises Rideshare licensees for not providing a sign to the Rideshare driver.

It is not about displaying a sign.

It only practically applies where the person driving the car does not own it, though I suppose we could be penalised for not giving ourselves a sign. It would seem to aim for ensuring that people hiring out cars for Uber use (Splend) take steps to ensure that the driver has a sign to use.

Most relevant for single night hire I would think, but still if Spend don't provide a sign or green licence it is an offence.

I agree that it appears not to mandate the sign over the green licence. Unless the RTA explicitly remove permission for the green licence?

But this bit? "
The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58)."

Or this "An offence against this section is a strict liability offence"

I don't know the meaning of and given that the sign is required if I go to Queensland well... I guess I will display it.

Section 164S on page 148 does refer to drivers displaying a "label".

There is similar verbiage to 164O which indicates that display of the licence is mandatory on the windscreen, unless the RTA has agreed to another way of identification.

Practically, if a new Rideshare vehicle licencee is not issued a green licence to display, they must display the company sticker. Technically it would appear that we can use our old green labels in the ACT but again, not Queanbeyan. That also may be why the RTA has chosen stickers over green labels.
 

Jack Malarkey

Well-Known Member
I took a look at 164O.

It penalises Rideshare licensees for not providing a sign to the Rideshare driver.

It is not about displaying a sign.

It only practically applies where the person driving the car does not own it, though I suppose we could be penalised for not giving ourselves a sign. It would seem to aim for ensuring that people hiring out cars for Uber use (Splend) take steps to ensure that the driver has a sign to use.

Most relevant for single night hire I would think, but still if Spend don't provide a sign or green licence it is an offence.

I agree that it appears not to mandate the sign over the green licence. Unless the RTA explicitly remove permission for the green licence?

But this bit? "
The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58)."

Or this "An offence against this section is a strict liability offence"

I don't know the meaning of and given that the sign is required if I go to Queensland well... I guess I will display it.

Section 164S on page 148 does refer to drivers displaying a "label".

There is similar verbiage to 164O which indicates that display of the licence is mandatory on the windscreen, unless the RTA has agreed to another way of identification.

Practically, if a new Rideshare vehicle licencee is not issued a green licence to display, they must display the company sticker. Technically it would appear that we can use our old green labels in the ACT but again, not Queanbeyan. That also may be why the RTA has chosen stickers over green labels.
My reading of the legislation in its current form is that the ACT Government continues to be obliged to issue the green rideshare vehicle licence labels including from 1 November.

A driver with more money than sense might wish to issue a writ of mandamus compelling performance of the legal obligation by the relevant official.
 

BlackNight

Active Member
My reading of the legislation in its current form is that the ACT Government continues to be obliged to issue the green rideshare vehicle licences including from 1 November.

A driver with more money than sense might wish to issue a writ of mandamus compelling performance of the legal obligation by the relevant official.
OMG I love it. "Writ of mandamus" just sounds lovely - make 'em do what you say. Is there a writ of make 'em pay?

I have little enough sense but not the dollars and I have a green licence label anyway.
 

Jack Malarkey

Well-Known Member
I have received the following email from GoCatch:

Hi,

Thanks for applying for your GoCatch Signage. We’ve charged your account $8.00 and your package is on its way.

To apply your GoCatch Identification Signage to your vehicle, place it inside the plastic sleeve included. The sleeve is then to be peeled off the adhesive and placed on your vehicle allowing you to easily remove and re-apply should you need to.

Your signage should be placed at the bottom of rear window (front and back for QLD).

If you have any questions let us know by replying to this email.

Kind regards,

GoCatch Support
 

Jack Malarkey

Well-Known Member
8A1B09FA-C04F-4377-937E-9EEC15F6A713.jpeg
Today’s post had two red and white GoCatch labels (decals) plus two plastic sleeves awaiting my return home. The labels are the same large size as the Uber stickers.
 

Jack Malarkey

Well-Known Member
On Tuesday, I caught the bus to the airport for a flight to Melbourne.

As I was taking my seat, the driver called out ‘Uber dikhead!’ For a second or two, I thought this friendly salutation was directed at me: it must have been my guilty conscience.

I then realised that it was in fact directed at an Uber driver who had failed to give way to the bus as it pulled out from the kerb.

So I now know that there’s at least one other driver displaying the Uber sticker even though they are few and far between given that there are about 1,000 Uber drivers in Canberra.
 
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