Uber pays Aussie taxi drivers $272m in class action settlement
US technology giant Uber Technologies has settled in a class action lawsuit brought by a law firm on behalf of Australian taxi drivers, agreeing to pay $272 million. It is the fifth-largest class action settlement in Australian legal history.
Maurice Blackburn Lawyers and former taxi driver Nick Andrianakis, who was the main plaintiff in the action, attended the Supreme Court of Victoria on Monday morning to close out a case that began in 2019.
The class action grew to incorporate more than 8000 taxi and chartered drivers. They said Uber had harmed them financially by setting up and running its UberX services in Australia illegally.
The case was due to run until May 17. But a deal has been struck, and was detailed on Monday morning.
In a statement, Maurice Blackburn Lawyers Principal Michael Donelly said the historic settlement followed a gruelling five-year legal battle.
“Uber fought tooth and nail at every point along the way, every day, for the five years this has been on foot, trying at every turn to deny our group members any form of remedy or compensation for their losses,” he said.
“But on the courtroom steps and after years of refusing to do the right thing by those we say they harmed, Uber has blinked, and thousands of everyday Australians joined together to stare down a global giant.”
Uber ‘like pirates’
The case against Uber was for lost income for drivers and loss in the value of licences bought by the owners of taxis, hire cars, limousines and charter vehicles, when Uber launched with cheaper and more convenient services, despite being unlicensed.
Uber first launched in Australia in Sydney in 2012, operating outside the law, and often facing furious protests from the taxi industry. The ACT was the first Australian jurisdiction to allow ride-sharing services such as UberX to operate legally in 2015. NSW followed soon after, before the rest of the country.
When Uber was legalised in NSW in December 2015, the state government added a $1 levy for every trip for up to five years to compensate taxi licence owners.
Mum and dad investors in taxi licences were told they would receive an up-front compensation of $20,000 for up to two licences. Taxi licence owners who had bought the licence in 2015 would receive the maximum compensation of $175,000 from the government.
There was no compensation for licence owners who bought the licence before 2006.
Quoted by ABC news in 2019, Mr Andrianakis said he was forced out of business by Uber’s popularity.
“My family has always been into taxis, my father drove taxis … my son drove taxis while he was at uni,” he said. “But when Uber came to our shores illegally, like pirates, they broke every law, every regulation.”
Mr Donelly said the settlement was in the top five class actions in Australian legal history, and “put beyond doubt” that Uber had been held to account for its actions.
“We are extremely proud that thousands of people put their faith in us and Nick Andrianakis and allowed us to do what we do best – holding to account major organisations that we say inflicted mass wrongs on people,” he said.
“A $271.8 million sum will finally put real money back into the accounts of people who have been devastated.”
In a statement, an Uber spokesman sought to highlight that the ridesharing service was now regulated in every state and territory across Australia, and that governments recognised it as an important part of the nation’s transport mix.
“Since 2018, Uber has made significant contributions into various state-level taxi compensation schemes, and with today’s proposed settlement, we put these legacy issues firmly in our past,” the spokesman said.
“We will continue focusing on helping the millions of Australians who use Uber get from A to B in a safe, affordable and reliable manner.”
TCQ wants your input on taxi licensing reform
The Taxi Council of Queensland (TCQ) is planning to hold another round of town hall meetings across the State over the next few months to update members on developments and hear from them directly about what they would consider reasonable and acceptable in regard to taxi licensing reforms and compensation. The meetings will be similar in format to those held previously. TCQ wants to hear from all members of the industry so that we can use our seat at the negotiation table for maximum advantage. So, if you have a stake in the industry and want to have a say in where it is heading, TCQ is welcoming you to get involved.
REGISTER INTEREST HERE
Mobile phone and seatbelt detection cameras – get the facts
Portable and fixed cameras to detect illegal mobile phone use, and failure to wear a seatbelt are operating across Queensland. The cameras operate 24 hours a day, seven days a week, in urban and regional areas. You can be caught anywhere, anytime.
The cameras were introduced to address the dangerous behaviours of mobile phone distraction and travelling unrestrained in a vehicle.
Research shows mobile phone distraction quadruples the risk of crashing and is just as dangerous as drink driving. If you take your eyes off the road for just two seconds, in a vehicle moving at 60km/h, you will travel more than 33 metres while distracted.
A properly worn seatbelt is proven to reduce the risk of serious injury by 50 per cent and death by 45 per cent. A crash without one, at just 40km/h, has the same impact on your body as falling from a two-storey building.
The technology
The cameras use Artificial Intelligence (AI) to detect front seat occupants committing mobile phone and seatbelt offences and have been introduced following a successful six-month trial of the technology in 2020.
The cameras, both fixed and portable, take multiple images of every vehicle that passes, including the registration number plate, and images of the front seats of the vehicle.
If a possible offence is suspected, the image is put through a rigorous adjudication process by an authorised officer, who determines if a penalty should be issued. If no possible offence is detected by the AI, those images are automatically excluded and deleted.
The penalties
From 1 November 2021, the following camera related penalties will apply. Roadside enforcement by police continues as normal.
- $1,033 and four demerit points for illegal mobile phone use while driving.
- $413 and three demerit points for failing to wear a seatbelt. Drivers can also be fined a further $413 and three demerit points for each passenger not properly restrained.
- Double demerit points apply for repeat mobile phone and seatbelt offences committed within a 12-month period. This means anyone persisting in these dangerous behaviours can lose their licence.
The cameras can detect mobile phone and seatbelt offences at the same time, and penalties will apply for each detected offence. Learner drivers will lose their licence after just one mobile phone offence. P-Platers can also lose their licence after just one mobile phone offence.
Mobile phone rules
It is illegal to hold your phone in your hand or have it resting on any part of your body, including your lap, while driving. This applies even when you’re stopped in traffic or at traffic lights. The phone doesn’t need to be turned on or in use for it to be an offence.
However, a phone may be used hands-free, for example, mounted in a cradle for open licensed drivers. These mobile phone rules do not apply to Mobile Display Terminals (MDTs) in a taxi. However, the position of the phone or MDTs must not obscure your view of the road, you must have proper control of your vehicle, and drive with due care and attention at all times.
All drivers can hold a phone when safely stopped to:
- pay for goods and services, for example at a drive through;
- gain access to or from a road-related area, such as a car park;
- present a digital driver licence or other document to police when asked; or
- get a card or money out of a phone wallet for the above purposes.
You can also use your phone when safely parked. Parked means stopped with the intention of staying at that place.
Seatbelt rules
Taxi drivers are required to wear a seatbelt at all times – not just when transporting a passenger in the vehicle. If the driver of a taxi does not have a seatbelt exemption certificate lodged with TMR and is detected by a camera not wearing a seatbelt, and infringement notice may be issued. This will be sent to the registered operator of the vehicle. If the registered operator was not the driver at the time, they will need to identify the driver and follow standard arrangements to transfer the fine to that person.
Adults and children 7 years or older must wear a correctly fitted seatbelt, and children up to the age of 7 must wear a correctly fitted Australian Standard approved child restraint. Children less than 1 year old can be held on the lap of someone 16 years or older.
Taxi drivers are exempt from the requirement to ensure their passengers are wearing a seatbelt if:
- your passenger is over 16
- your passenger is under 7 and you do not have an Australian Standard approved child restraint in the vehicle.
At present, because it is not possible to determine the age of a person in the images captured by the cameras, infringement notices will not be issued if a passenger of a taxi is detected by a camera not wearing a seatbelt. It should be noted that these offences are still subject to roadside policing.
Making Queensland roads safe for all
The mobile phone and seatbelt detection cameras are part of the Camera Detected Offence Program. Money collected from camera fines is used to fund important road safety initiatives and education across Queensland.
Labels required for Electric and Hydrogen Vehicles
30 September 2021
Electric, hybrid and hydrogen-powered vehicles can cause hazards for emergency service workers in certain rescue situations. The Queensland government has introduced the requirement for these vehicles to be labelled.
When do I need my label?
If an electric, hybrid or hydrogen-powered vehicle was built after 1 January 2019, or an existing vehicle was modified to be these types after 1 January 2019, the registered owner must display specific labels on the vehicles front and rear number plates.
Enforcement of this requirement will begin in October 2021, however until 1 January 2022, this will be as an educational approach. Throughout this period no fines or penalties will be given, this will allow time for drivers to attach their labels.
Fastening your label to your number plate
The Department of Transport and Main Roads has not mandated any specific way of fitting the labels to number plates, as long as the labels are securely fitted. Suggested methods include screws, pop rivets or adhesive / double-sided tape.
Electric vehicle requirements (including Hybrid)
An electric powered vehicle means a vehicle powered by one or more electric motors or traction motors that are the only propulsion system for the vehicle or are used in conjunction with another propulsion system for the vehicle.
Electric vehicle labels must:
- be affixed to a plate made of metal that is at least 1mm thick
- be an equilateral triangular shape where each side has width of 30mm in length and each interior angle of which is 60º
- have a blue surface that complies with class 2 of Australian Standard 1906.1 Retroreflective Materials and Devices for Road Traffic Control Purposes—Retroreflective Sheeting
- be marked ‘EV’ in white capital letters that are at least 8mm high and have the orientation shown in the example
- be fixed to the number plates so that the letters on the label are in an upright position
- not wholly or partly obscure any characters on the number plates
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Example of label for electric powered vehicle. Note: The example of the label is for illustrative purposes only and does not represent the label’s actual size, dimension or colour. |
Hydrogen vehicle label requirements
A hydrogen powered vehicle means a vehicle that is powered by a hydrogen fuel cell system and has one or more hydrogen fuel containers fitted to the vehicle for the system.
Hydrogen vehicle labels must:
- be affixed to a plate made of metal that is at least 1mm thick
- be a regular pentagonal shape where each side is 20mm in length and each interior angle of which is 108º
- must have a yellow surface that complies with class 2 of Australian Standard 1906.1 Retroreflective Materials and Devices for Road Traffic Control Purposes—Retroreflective Sheeting
- must be marked ‘H’ in a black capital letter that is at least 10mm high and have the orientation shown in the example
- must be fixed to the number plates so that the letter on the label is in an upright position
- must not wholly or partly obscure any characters on the number plates
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Example of label for hydrogen powered vehicle. Note: The example of the label is for illustrative purposes only and does not represent the label’s actual size, dimension or colour. |
Where to get vehicle labels
- MTA Queensland (MTAQ) have labels available through the MTAQ website.
- Auto Tattoo Grafix have labels available through their online store.
For new electric, hybrid or hydrogen vehicles, label requirements should be discussed with the vehicle dealer.
https://www.qld.gov.au/transport/registration/labelling-requirements-for-electric-vehicles-and-hydrogen-vehicles
2021 Notice of Annual General Meeting
Members are advised that the 2021 Annual General Meeting (AGM) of the Taxi Council of Queensland Incorporated (TCQ) will be held as follows –
Time: 9.30am to 10.30am
Date: Monday 2 August 2021
Place: The Star Gold Coast, Broadbeach Island, Broadbeach
The Agenda for the AGM will be as follows:
- Confirmation of the minutes of the 2020 Annual General Meeting
- Receiving of the Annual Report
- Election of the Councillors
- Election of Office Bearers (President, Senior Vice President, Junior Vice President / Secretary / Treasurer)
- Appointment of the Auditor
- Notices of motion
- General Business
All TCQ members are welcome to attend the 2021 AGM. However, only members who have pre-registered for the AGM by 4:30pm on Wednesday 28 July 2021 will be allowed admission into the meeting. To pre-register, please click here to access the AGM registration form.
If you have any issues completing pre-registration, please contact the TCQ office on (07) 3434 2100 for assistance.
Blair Davies
CEO
Taxi Council Queensland
2 July 2021
Selected Rules relating to the AGM in the TCQ Constitution
13.1 The Council of the Taxi Council shall consist of persons elected by Ordinary Members and Corporate Members of the Taxi Council in accordance with this Rule 13.
13.2 Subject to Rule 13.4 each Region shall be entitled to the number of Councillors calculated according to the number of licences held by members resident within that Region as follows:
(i) 0 to 199 licences – 1;
(ii) 200 to 299 licences – 2;
(iii) 300 to 399 licences – 3;
(iv) 400 to 499 licences – 4;
(v) 500 or more licences – 5.
13.3 Unless Rule 13.4 applies the Councillors for each Region shall be elected as follows:
(1) Any Ordinary Member resident in the Region, or a person involved in the management of a Corporate Member from the Region may, by notice in writing to the Chief Executive Officer given not less than 14 days prior to the Conference, nominate to be a Regional Councillor;
13.4 Where in a particular Region any Corporate Member holds, together with its associated licencees, 101 licences or more:
(i) that Corporate Member may nominate the following number of members or persons involved in the management of a Corporate Member for election to the Council:
(a) 101 to 199 licences – 1 Nominee
(b) 200 to 299 licences – 2 Nominees
(c) 300 to 399 licences – 3 Nominees
(d) 400 to 499 licences – 4 Nominees
(e) 500 or more licences – 5 Nominees
13.5 All Councillors shall hold office from the date of their election …. until the following Annual General Meeting at which time they shall retire. Retiring members may be eligible for re-election in accordance with these Rules.
Any Councillor may nominate another Councillor to become the President of the Taxi Council by notice in writing to the Chief Executive Officer given not less than 21 days prior to the AGM.
Any member may nominate an elected councillor to become the Senior or Junior Vice President of the Taxi Council on the day of the AGM from the floor of the meeting.
Notices of motion must be duly signed by a proposer and a seconder who are both members in good standing and must be supplied in writing to the Chief Executive Officer not less than 14 days prior to the AGM.
2020 Notice of Annual General Meeting
Members are advised that the 2020 Annual General Meeting (AGM) of the Taxi Council of Queensland Incorporated (TCQ) will be held as follows –
Time: 10.00am to 11.00am
Date: Wednesday 23 December 2020
Place: Zoom (virtual meeting place)
The Agenda for the AGM will be as follows:
- Confirmation of the minutes of the 2019 Annual General Meeting
- Receiving of the Annual Report
- Election of the Councillors
- Election of Office Bearers (President, Senior Vice President, Junior Vice President / Secretary / Treasurer)
- Appointment of the Auditor
- Notices of motion
- General Business
All TCQ members are welcome to attend the AGM. However, only members who have pre-registered for the AGM by Close of Business on Friday 18 December 2020 will be able to access the meeting. If wishing to attend, please click here to fill in the online AGM registration form.
If you have any issues with the online registration, please contact the TCQ office on (07) 3434 2100.
Blair Davies
CEO
Taxi Council Queensland
24 November 2020
Mark Bailey continues as Minister, ensuring wheels stay in motion with the taxi industry
Media release
November 13, 2020
On Wednesday, November 11, Queensland Premier Annastacia Palaszczuk unveiled her new-look Cabinet with a number of new faces, as well as continuance of many experienced ministers, including the Minister of Transport and Main Roads, Mark Bailey.
The Taxi Council of Queensland (TCQ) CEO, Blair Davies, says Minister Bailey’s retention of the transport and main roads portfolio is a ‘welcome’ development and means there will be no loss of momentum waiting on a new minister having to be brought up to speed on the industry’s issues.
“Minister Bailey has worked well with TCQ to deliver some really important programs in recent years,” says Mr Davies.
“The State Government’s $21 million funding program to rejuvenate an aging fleet of wheelchair accessible taxis (WATs) over four years is a good case in point. It is an initiative that means our industry will be able to continue offering accessible transport service levels that are second-to-none in Australia.
“The Minister was also a champion for the taxi industry during COVID-19 by securing the $23 million unite and recover funding package that is helping keep taxi operators, licence owners and booking companies viable as they serve their local communities. The pandemic hit taxi businesses particularly hard, but our cabs stayed on the road notwithstanding the difficulties, and we now stand ready to play our role in the rebuilding of the Queensland economy.”
Mr Davies says that there is still much work to be done with Minister Bailey to ensure the personalised transport sector operates efficiently and in the best interests of Queenslanders.
“Taxi operators are still paying way too much for their CTP insurance and especially when compared to their ride-sourcing counterparts. We look forward to working with Minister Bailey and the Treasurer, Cameron Dick, on a solution that allows taxi and ride-sourcing services to compete on a level playing field. The days of taxi operators paying thousands of dollars more than their competitors for CTP insurance have to be brought to an end,” says Mr Davies.
“It’s also essential that the Government and the sector get serious about tackling climate change issues arising from too many vehicles on our roads, and the pollution and congestion they cause. The taxi sedan fleet is almost entirely comprised of fuel efficient hybrids and we would be using the same technology for our wheelchair accessible taxis if models were available in Australia. It’s time for the Government to follow the lead of New York and start capping the number of ride-sourcing vehicles that cruise the streets empty, in the hope of connecting with a passenger. With about seven ride-sourcing vehicles for every one taxi, we have reached the point of oversupply and most certainly don’t need any more.
“TCQ’s message for Minister Bailey is a simple one, welcome back and let’s get cracking on making the personalised transport sector even more efficient and productive for Queensland communities,” says Mr Davies
ENDS
TCQ farewells Life Member, Ray Mitchell, may he rest in peace
11 September 2020
Members of the Taxi Council of Queensland (TCQ) are saddened as we farewell Ray Mitchell, who passed away at 91 in the early hours of Tuesday, 8 September 2020.
A Life Member of TCQ, Ray was an inspiration to many within the industry.
Ray made significant contributions to the taxi industry through his role as President of TCQ from 1991 through till 1999. As President he navigated the State through a boom of technological advancements and guided the industry though the reform period that saw the implementation of the Passenger Transport Act in 1994. In recognition of this strong commitment to the industry, Ray was honoured by his peers by being inducted as a Life Member of TCQ in 2002.
Of course there was more to Ray’s career than just taxis, having worked as a butcher, bookmaker and publican, amongst other jobs. He was even on the board of selectors for the Country Rugby League team for a time. However, it was after he and Colleen made the move to the Gold Coast that Ray stepped into the taxi industry in his 50s. Ray is remembered as a licence owner whose dedication and passion for customer service saw him quickly rise to become the Chairman of Regent Taxis.
Zara Trengrove, a family friend and colleague of Ray, remembers him as one of a kind.
“They don’t make them like they used to. Ray was very lovely person and completely professional,” said Ms Trengrove. “Ray certainly was the gentleman of the taxi industry.”
John Detsikas, long-time friend of Ray, said the industry has lost an inspirational person who always delivered great work.
“Ray was a great man for the industry through the different struggles across the years. He was a great chairman, a great leader and a great man,” said Mr Detsikas.
“The taxi industry prospered under Ray’s leadership, [and] a lot of people had great admiration for Ray.”
He is survived by his wife Colleen, and a large family of children, grandchildren, and great-grandchildren.
Ray’s funeral will be held on Wednesday, 16 September 2020. Due to strict COVID-19 protocols, the family has asked TCQ to keep a list of those who wish to attend to help assist with contact tracing requirements. For details on where to send condolences, please contact TCQ on 07 3434 2100.
ENDS
Queensland’s taxi industry celebrates its top achievers
Media release
28 November 2019
Queensland’s taxi industry celebrated the achievements of its drivers, operators and staff members at the annual Taxi Council of Queensland (TCQ) Industry Awards this week. The ceremony, held at the Rydges Hotel in Brisbane’s South Bank, saw winners named in eight hotly contested categories, including new awards for Women in Taxis, Young Achiever and Staff Excellence.
The TCQ Industry Awards recognise those drivers, operators and staff members who have made outstanding contributions to the improvement of the industry through exceptional levels of customer care, service, and professionalism.
Having been nominated by their peers, winners on the night were judged by an esteemed panel made up of Natasha Montesalvo, Queensland Tourism Industry Council, and John Mayo, Spinal Life Australia. Each of the shortlisted finalists received a certificate marking their contribution to the industry, with the winners also taking home a beautiful engraved trophy.
TCQ CEO, Blair Davies, thanked all of the finalists and those who had helped make the night a great success.
“Each year we come together to celebrate those from our industry who truly exemplify a commitment to exceptional customer service and professionalism. It is an opportunity for the taxi industry to acknowledge those members who have consistently gone the extra mile in serving their local community,” Mr Davies said.
“To be selected as a finalist is a true testament to the incredible dedication of some of our finest. We’re particularly proud to recognise winners from our new categories to show appreciation of the diversity within our industry that makes it one of the leading globally.
Winners on the night were:
- Driver of the Year (Wheelchair Accessible Taxi)
- David Chetcuti (13 Cabs Mackay)
- Driver of the Year (Conventional Taxi)
- Joseph Abboud (Black & White Cabs)
- Operator of the Year (1-20 vehicles)
- Andrews Taxis (Black & White Cabs)
- Operator of the Year (20+ vehicles)
- KG Taxis (Black & White Cabs)
- Significant Achievement Award
- Stefan Przybysz (13 Cabs Brisbane)
- Women in Taxis Award
- Debbie Morrison (13 Cabs Ipswich)
- Young Achiever Award
- Greg Neighbours (13 Cabs Brisbane)
- Staff Excellence Award
- Debbie Morrison (13 Cabs Ipswich)
“It is always pleasing to hear each year at the TCQ Awards, about the incredible lengths some of our drivers, operators and staff members have gone to during the last 12 months to serve their customers and promote a great image for the industry.
“Taxis continue to be an essential part of every community across Australia, which is why our cabbies are proud to serve and help make the journey from A to B, that much easier and safer.
“Year on year, the taxi industry faces evolving and new challenges but what stays constant is the hard work, dedication, and optimism with which our drivers, operators and staff members face those challenges. Rain, hail or shine, our cabbies make sure one thing comes first and that is getting their passengers quickly and safely to their destinations across our great State,” concluded Mr Davies.
End
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