The Court endorses the measures to prevent Uber and Cabify from attracting customers in the street



Victory of the taxi in court. The National Court has dismissed the resource presented by the National Commission of Markets and Competition (CNMC) and Unauto, the employer of the companies of vehicles of rent with driver (VTC), against the "road map" that these cars must complete for each of the services they perform. The court considers that the measure does not violate the principle of proportionality. It also ensures that it does not imply an excess of regulation, as it requires the “minimum and essential” requirements to enable an adequate control of the activity.

In 2015, through a Ministerial Development Order, the need for each VTC service - those contracted through companies such as Uber or Cabify- you must have a file stating the name, DNI or NIF of the lessor and the lessee; the place and date of conclusion of the contract; the place, date and time at which the service is to be started and the place and date on which it was concluded and the registration of the vehicle. It also gives room for parties to meet more requirements. The record must be kept for one year so that it is available to land transport inspection services.

Accreditation

In its judgment, dated January 26, the National Court affirms that if the Land Transportation Regulation Regulation (ROTT) “validly establishes the obligation to document the previous contracting to justify that VTC services have been contracted in advance, it cannot be argued that the obligation to carry a 'road map' accrediting said contracting violates the principle of necessity ”. "The requirement is intended to document the prior contracting of the service, without which the vehicle cannot drive," he remarks.

The regulations for the services of rental vehicles with driver in force since 2015 establish the obligation to previously contract VTC services and prevent them from traveling on public roads to search for customers. In addition, it sets a series of technical requirements such as the number of vehicles that the company must have in order to operate is seven and not more than ten years old.

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