Uber says it will support Hamilton drivers charged by city

Ubersays it will stand behind its drivers in their fight with the city over bylaw charges laid this week.

Eight people are facing a total of 23 charges for working as Uber drivers, the city announced Thursday morning.

The charges include operating as a taxicab driver with no licence, operating a vehicle not approved for use as a taxi, and failure to provide the city with proof of third-party liability insurance of at least $2-million.

• READ MORE:Drive Uber in Hamilton? You could be charged this week
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The announcement comes on the heels of a statement from Ken Leendertse, the city's director of licensing, who warned that charges were coming effectively making good on an earlier promise to crack down on drivers who didn't abide by city laws.

"The city's taxi bylaw is in place to protect the public," Leendertse said in a statement Thursday. "Through that bylaw we ensure that vehicles are safe, drivers are appropriately screened, and both drivers and passengers are properly insured."

The city says that total fine amounts for each driver could exceed $25,000.

Cab drivers push for charges

Back in July, Uber sent a letter to its drivers assuring them that the San Fransico-based company will pay for any bylaw tickets they receive. Mary-Jane Russell, who drives for Uber in Hamilton, says the company told her the same thing.

However, Thursday, spokesperson Xavier Van Chau would not directlysay whether or not Uber will pay fines the city has levied against local drivers. "We don't believe that the burden of enforcement should fall on individual drivers and Uber will stand behind our hardworking community of partners when these isolated cases arise," he said.

The city's taxi bylaw dictates that cabs can't be more than six years old, have specific commercial insurance and that drivers provide officials with an annual driver's abstract.

The city's cabs also need to undergo inspections twice a year, and must have onboard GPS, a security camera, emergency lighting and a safety standards certificate.

Uber drivers, by contrast, need to have a four-door vehicle in good shape that isn't more than 10 years old.

Drivers also need to provide proof of insurance, a clean driver's abstract for the last three years, a police record check, and a yearly emissions check. Photos of the driver's car are necessary to prove its condition.

City reviewing bylaws as Uber moves in

News of the charges broke just after Hamilton Cab and Blue Line Taxi wrote to city officials andcouncillors, saying the city isn't doing enough to enforce its own bylaw.

"The question is why have no charges been laid against the broker and the drivers who are openly flouting the city laws by operating illegally in our city?" the companies said in a letter obtained by CBC Hamilton.

ButVanChau says thatUber'sridesharingmodel is "distinct from taxi," citing a Toronto court decision from July where an Ontario Superior Court judge dismissed that city's attempt to shut down the company's business in its streets.

"Rather than take enforcement action, we believe that a regulatory solution is the best path forward and look forward to continuing our work with the city of Hamilton to establish a regulated framework forridesharingin the city," VanChausaid. "The city of Toronto released yesterday its report onridesharingregulations, which may provide helpful insight for the city of Hamilton.

The city says it is currently reviewing its licensing bylaws to "include a review of new business models including those that comprise the sharing economy."

"The city is always looking at ways to make sure that our by-laws are current, and that they are supportive of new business in the city," Leendertse said.

"But public safety is always going to be paramount, and that's why we have moved forward with these charges today."

Are you an Uber driver facing charges? We'd like to talk with you. Please email adam.carter@cbc.ca.