Uber Now Blocked All Over Germany
An anonymous reader writes Following the blocking of Uber in Berlin, DE, the district court of Frankfurt/Main has issued a restraining order for Uber services all over Germany (German original). The district court is alleging "uncompetitive behavior" (Unlauteres Wettbewerbsverhalten) on Uber's part, and has proclaimed that not following the restraining order will result in a fine of €250.000 or imprisonment. This ruling is related to the German "Personenbeförderungsgesetz" and is outlining that no legal entity (person, enterprise) is allowed to transfer passengers without having passed the relevant tests and having the appropriate insurance coverage.
And while it conflicts with ideals I consider higher, proportionality and due process, I can't not be amused at the irony of attempting to corner a market resulting your outright exclusion from it.
There is no "ruling", there is a preliminary injunction -- the court hasn't ruled anything. Also, this injunction only affects the "Uber Pop" service, which is only one of the services Uber offers in Germany.
Do it for any reason other than being "uncompetitive". What the heck is so "uncompetitive"?
You want to play in our market? Play by our rules. Don't claim that your 'innovative new paradigm' renders those rules obselete and ignore them.
As always Germany confirms its high level of civilization.
so? caveat emptor
Well a lot of these countries have rules that are made to prevent US companies from gaining traction there. Sure they hide it in terms of safety or something else the normal electorate can swallow but if you look at the details of the laws it is in essence an FU America law.
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
US protectionism = obviously a case of luddism and technophobia, it can only be business/government collusion
Elsewhere protectionism = obviously a case of sovereignty, it can only be an enlightened decision
Typical Slashdot
It's more "FU people who think profit uber alles is the right way to do business" laws. That you identify that as uniquely American is pretty telling.
And Virginia, California, and Colorado are at the top of the "FU America Law".
I heard that Virginia once tried to break up the US and even went to war with them! How un-American they are.
The term "Unlauteres Wettbewerbsverhalten" does not mean "uncompetitive behavior"; it means "competition that violates good taste" or "competition that violates moral standards". A better translation might be "unfair competition".
http://de.wikipedia.org/wiki/U...
How so?
The rules in question here are questions of insurance, of proper training for drivers, of car maintenance... the same rules that cab drivers and companies in Germany have been following for many years.
How are these rules 'made to prevent US companies from gaining traction'?
Unless of course, having local law that everybody (local companies as well as US companies) have to follow is preventing US companies in your eyes. I mean, sure, they are not used to actually having to follow laws they don't like. It's real mean of European governments and regulators to actually check whether companies follow the law...
On the continent, the thousand separator is typically the full stop instead of the comma, so the actual fine amount would be €250k (and not €250).
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Even if the term actually meant "anti-competitive behavior", it would be accurate roughly in the sense that the "Ministry of Truth" has to do with truth and the "Ministry of Peace" has to do with peace.
Of course, the term "unlauterer Wettbewerb" doesn't even mean "anti-competitive behavior", it means something like "indecent competition" or "immoral competition". The best translation is probably "unfair competition", although that doesn't quite capture the emotional force of the term in German. Usually, companies accused of this behavior are too competitive, rather than anti-competitive.
But, hey, don't let facts get in the way of your ideology.
If you look at the details of this laws you will realize, no one even knew about the unitied states when those laws where crafted. ... so we do actually know that that country exists. For you guys europe was long a myth, turning reality in WW I and more so in WW II and now you believe it is your 53rd state of the union. Hint: it is not.
You just where a backyard country 6000km ( cough cough 4000 miles) away over the atlantic ocean.
Granted, some of our grand parents brothers and sisters emigrated to there
Many people here in europe indeed have a FU america attitude, but that is against your country, your nation, your governement, your corporations (which Uber happens to be one) not against 'you'. Individual americans are very welcome here.
After all they are usually polite, educated and curious. Unlike the average american /. poster who thinks his country is the navel of the world and the world is rotating around that navel.
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Interesting enough, Germany DOES have services for people hitching long distance rides:
http://www.mitfahrzentrale.de/...
http://www.mitfahrgelegenheit....
So it will be interesting to see how the courts explain how these services are different.
"Ve haf vays, of making you valk!"
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
I'm willing to bet that compared to traditional taxi customers, far more Uber customers would have smartphones with GPS in hand, meaning a much higher risk of being caught by police. You would have better odds painting your car, masquerading as a traditional taxi, and picking out old people to rob.
your thin skin doesn't make me a troll
Germans have rules and regulations for everything. You can give two strangers a ride when you meet them at a party without problems but as soon as the state's koffers are affected you need the Personenbeförderungsgesetz. You can use illegally obtained evidence to convict tax evaders but the same court prohibits the use of dashcam recordings as evidence (because they violate some privacy law) if you want to take a traffic offender to court. Some logic there.... As Nietzsche said some 150 years ago: The state is the worst of all monsters - it claims to speak for the people - but it only speaks for itself.
The linked article lacks one important detail: The fine of up to 250,000€ is for each instance of breaking the injunction.
Sure, the first violation may only cost 2,000€. But that will go up for every violation. And you can bet your ass that the competitors will use the apps to check on Uber. And they will report any violation they find.
This isn't about protectionism.
This is about countries having laws and expecting everybody to follow them.
Sure, US companies are not used to do that, but that is a problem of the US, not of the other countries.
Germany has laws regulating persons and companies that want to be active in the transport business. These laws where not made to keep US companies out. The laws are a lot older than Uber. They are there to protect consumers and give them a certain amount of safety.
Ubers profits are not more important than everybodies safety.
down with uber! up with buggy whips!
Walk where? Er, valk vere I mean?
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It's a grey area and the companies you link already have had some problems. However, the companies themselves already link the limits on their sites themselves:
Taxis usually have to pay extra for insurance to cover for passenger lawsuits in case of accidents. They also have to pay enormous taxi licenses, pay income taxes Etc.
Uber drivers don't pay any of that because they exist outside of normal regulations. Uber likes to exist in that gray area and we know for sure they love to operate shadily, as seen recently.
It would be funny to see someone get in a car accident with a Uber driver and sue Uber for billions after finding out the driver doesn't have proper insurance. After all, it seems Uber only pays lip service to such things.
Airbnb is in a pretty similar situation.. These service sharing companies think they are smart but they are making the worst enemies of all by attacking government revenue streams! In my opinion, Uber would do well with legit taxi partners since their service is pretty good.
+1 Informative
The hype around Uber and the low prices is based on not paying for proper insurance, permits, qualifications or ensuring the maintenance of the cars. It's unfair competition by undermining businesses by purposely ignoring laws passed by the democratic will of the people.
It's called "anti-competitive dumping" and its purpose is to drive lawful services out of the market.
Tubby or not tubby. Fat is the question
I don't know the deets about uber in Germany, but in US all drivers have insurance through uber and private insurance. all trips are tracked, uber handles all the metering and charging so there are no games with the meter. All drivers are individually vetted before starting and are reviewed by the passenger after each ride. With too many bad reviews a driver is summarily fired. All in all, it is a very robust and passenger-oriented experience.
most "licensing" schemes are in place to protect the taxi drivers union and get fees for local government. it has nothing to do with passenger safety or comfort.
but... but.. America! Hell Yeah!
They don't give a damn about the law, why would they give a damn about a court order. Fucking cowboys.
germans love cowboys. seriously, they're totally nuts over all native American/wild west culture stuff. I don't know why.
lol good point. I didn't understand what the GP meant.
the relevant tests and having the appropriate insurance coverage
While I've never used Uber/Lyft, I'm hoping some of you have and can shed some light on it.
Have any of you actually asked for proof of insurance or a valid registration before getting into the car? Does Uber/Lyft do any checking to make sure that stuff hasn't expired?
One other question: If I'm getting a ride via Uber and we get in an accident, and I get hurt, regardless of who's fault it is, do I go after the Uber driver, Uber company or do I have to file my insurance claims against the other driver? I would hope that Uber would handle this form me so I can deal with a corporation and not two individuals (my driver and the other driver).
So it will be interesting to see how the courts explain how these services are different.
The decision explicitely mentions the fact that Uber and the drivers are doing it for profit.
The Mitfahrzentralen work on a no profit basis, and the drivers don't make a profit either and would drive that way anyway.
"Low prices" - what? Uber by all accounts is more expensive than traditional cabs.
Yes, its obvioue that laws regulating taxi services in Gemany have been in fact thought out to block business of american companies. And obviously, New York managed admirably to achive the same goal.
Tried the new Uber Buggy Whip service. I was picked up by my ride - and by "picked up", I mean harnessed to the front of a carriage and then whipped until I pulled the carriage where I wanted to go.
Cons: The whipping hurt and the carriage was heavy.
Pros: I lost 5 pounds and the bag of oats they strapped to my mouth were tasty.
Rating: 3 1/2 stars. Might use again to help shed those holiday pounds.
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
In Germany, if you are driving passengers for money you must have an extra license.
This is not hard to get. Depending on your state, some age/driving experience limitations, police background check, test of local geography knowledge.
In Germany you must have insurance, but that insurance is not required to cover damage to the passengers and "normal" insurance contracts have clauses which renders them moot if you are driving professionally.
Professional drivers must have insurances which cover professional driving and damage to passengers.
This isn't hard to get either, it's just considerably more expensive.
Such requirements apply to everyone which is driving professionally -- even if you are just the family's choffeur. Not just taxis, by the way.
Uber is being banned because they are not willing to ensure the drivers which sign up for Uber Pop meet the legal requirements.
They argue it's the driver's responsability to be legal.
The cities/states argue that since Uber is making money from this, they have responsability for checking.
'relevant tests', 'approriate insurance'
Sure every driver has that for the purpose of driving oneself or friends and relatives.
But once you want to drive people for profit you have to follow stricter rules, pass more tests and have more insurance.
Cab drivers have to do that, so why shouldn't Uber do the same?
Well, for one, Uber has about 10 times as much insurance coverage as a taxi--a million dollars, instead of $25,000 to $100,000. Slugging and hitching have Guest PIP at $5000.
Uber also has traceability. Every Uber charter has passenger, driver, and time centrally logged. Passengers can comment on drivers, and drivers can comment on passengers. There's a rating system. A rapist will expose themselves to a hard evidence chain establishing where they were and that they were with the accuser, as well as a rating of "1 Star, Driver raped me, would not ride again".
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Erm, what exactly is to see or interesting to see there?
'Mitfahrgelegenheiten' allow it that a person who is traveling from A to B picks up another person that wants to go to B, and shares the fuel costs.
Uber is a commercial service where one person says it wants to go from A to B and another 'semi private' person agrees 'I have nothing better to do' and I can 'lift him for fuel payment and an extra payment(which I will share with Uber, my employer, cough cough).
And no once for ever, get it finally: we are not in the USA here where you have to call a court for every fart to decide 'oh, what might a court have to say in this, or that?'.
We have fucking written laws where 95% of everything you will ever encounter in your life is already determined and fixed. The situation as you always shout: 'lets see what the court says to x or y, or the GPL' simply does not exist here. In Europe it was never a question if 'the GPL would hold up in court' ... how can you be so brain dead? Sure, if you want to sue your neighbour because he did not cut his tree and a branch is going over into your garden, or if he sues you because you took an apple from that branch ... then you are in 'court law' (as opposite to book law) area ... but most of such disputes already happened hundreds if mot thousands of times. (No, your neighbour is usually not required to cut such a branch, and yes, the apples growing on your side you can pick for your own. However if the branch exceeds certain limits or is simply 'annoying' e.g. over a swimming pool, your neighbour is required to cut it)
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
These permits, insurances ect. are there to protect the customers of the taxi service.
If a Uber driver causes an accident, what will happen?
His private car insurance will not cover any damages he incurred while driving his car for profit, and it's very unlikely that he has the kind of money to pay damages for injuries out of his pocket.
I'm not so sure that's right. I'm certainly not equating the two here, but certainly there's a comparison to be made with e.g. Time4Popcorn.
Time4Popcorn effectively aims to play in the market of non-interactive entertainment delivery (films and TV series, mostly), but its developers - and certainly its users - have no interest in wanting to play by the existing rules (i.e. having to license the content at great cost, and only after spending weeks if not months of being unable to license it at all).
I don't think there's a great many people suggesting that it, and other such upsetting technologies, be required to play by the rules. If anything, they see these technologies as being instigators of having those rules changed, if not abandoned altogether.
I see Uber and the like as being in the same vein - and while Germany, London, whatever ends up 'banning' these services, I'm sure they realize that it's not going to stop then and there, and the rules will eventually have to be adjusted.
Now I can tell my nagging wife that she's no longer allowed to ride in das auto with me.
Hope is the currency of fools
I'm curious - what do we believe are the 51st and 52nd States?
As to the Germans not knowing about the USA when those laws were written, at the time you think you're talking about, the USA was a "continent spanning nation, and to us, all the domains of the Hapsburgs are but a small thing"....
"I do not agree with what you say, but I will defend to the death your right to say it"
Insurance and income tax I can understand. It'd be fine if the court allowed Uber to continue operating so long as it requires verifiable proof of insurance and discloses drivers' income to the government as contractor income to be claimed on whatever Germany calls its equivalent of IRS form 1099. But why the "enormous taxi licenses" on top of the income tax that's already due?
Because it's not. Trade exists only where property exists. Property exists only where a state exists -- "ownership" is exactly and only the ability to call on state force to maintain your control of something. Trace any claim of "property" back and you find a state-issued piece of paper, a land or resource deed.
Used properly, property and trade are ways that we help protect basic human rights. They are not rights in themselves. Our neglect of that principle is at the root of many of the world's problems today.
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You cannot wash away blood with blood
And how about the freedom of people having a democratic vote on laws that restrict some freedoms in return for other things they may find important ?
Because of the stories of "Karl May".
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
People should be free to trade with whoever they want, when they want, without the need to get permission from some higher authority
I agree. However if you chose to trade in a specific currency, then there's a lot that comes with it. Also, I'd rather my neighbors not spend their time trading crack-cocain for rims at will.
Whatever happened to the Enlightenment?
Enlightenment is still around, as much as ever. Though, not much of that goes on here on slashdot.
Politics; n. : A religion whereby man is god.
I wonder how many of those who are up in arms about letting services like Uber and Lyft market their services would allow commercial hardware and software companies to make changes to GPL licensed software without attribution or sharing their modified source code?
Or should Apple support my home built PC if I put OS X on it? If I paid for the OS, the vendor should support that, right? Why should I pay extra for their hardware...it's no different, right?
To me, it's simple - if you want to market your services, follow the established rules.
Go on, citizen, stamp the vote card. R or D, your choice.
Few people actually believe in freedom of speech, and almost no countries allow it
Uber Black was their attempt to play by the rules (well, sort of) ... they only started to push POP after seeing that there's not really that much demand for the the service they offer with Black over here in Germany
51th Puerto Ricco (sp?) 52th Grenada or what ever actually is on your agenda.
Your continent wide 'empire' nevertheless had less humans than the 'Harbsburger domains' but nice that you know the name.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
"This isn't about protectionism. This is about countries having laws and expecting everybody to follow them.'
Why cant it be both?
Good-bye
Oh i agree with you 100% just posted what i thought was a silly statement. oh a side note how does one drive differently with a paying customer as apposed to a family member?? that's kinda silly too, thinking there some kinda special way to drive paying as apposed to loved ones. They should have just stated they need a commercial license to drive paying customers and a minimum amount of insurance as apposed to bottom dollar government mandated get by insurance. Ive been driving since 1975 im an expert driver with 39 years driving experience no recordable accidents, no tickets except 2 parking tickets. Any test the government could think up is nothing more then black tape feelgood laws. But requiring then to pay for a commercial license is very fair IMEO
Jack of all trades,master of none
Also, insurance may not cover you if you're carrying passengers for-profit (though it could be difficult for them to find that out).
How so?
'Hey, I'm sorry that you just got injured while being in my car, but could you please not mention that you booked me on Uber to anybody, like the police, because I'm not covered for this case?'
Yeah, right. That will work out just fine...
And no once for ever, get it finally: we are not in the USA here where you have to call a court for every fart to decide 'oh, what might a court have to say in this, or that?'.
Do you know why this is? Because we value Liberty, fiercely.
Good-bye
It's because society has spent centuries observing how immoral individuals use lack of regulation to rape, pillage and torment those less capable of defending themselves, whether it be via trade, relationships or employment, and has decided as a group to regulate those areas to protect those incapable of protecting themselves.
Yes, some regulations go too far, and others don't go far enough, and a lot are outdated because society evolves too fast. But it is needed, and changes are needed too.
If German society as a whole thinks Uber is getting a bum deal with this ruling, then they must tell the authorities in no uncertain terms that they think that. Not just a vocal minority as is happening now. If the majority don't do so when given the opportunity, then they do have concerns about clean and safe vehicles and properly trained drivers which Uber needs to address before society will trust them.
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Yeah: the Liberty to peck at each other while you're getting casseroled! ( See "capponi di Renzo" under http://it.wikipedia.org/wiki/I...)
Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
"Public sentiment toward the company turned abruptly negative after the unveiling of its phone app, which responds to car reservation requests by announcing, 'Die UberMenchen are coming to pick you up!,' and asking the customer to don a distinctive badge, so that they can be identified."
Well, I actually don't understand how Uber started operating in the first place. In Germany, before you start operating a business, it needs to be registered (Gewerbe anmelden). Did Uber say that they were running a taxi service? Or did they fudge it as something else? If it was clear that they were running a taxi service, they would have been informed that they would have to follow the regulations for taxi services. Or did Uber just ignore this?
Usually when a company opens up business in a foreign country, they hire a local consultant, most likely a law firm, to make sure that the business will not run afoul of local laws. I don't understand how Uber was allowed to start operating at all, if what they are doing is illegal.
And in this case . . . it DOES look like they were allowed to operate . . . until a court made a decision that they must stop.
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
The german national anthem so begins:
Deutschland, Deutschland uber alles
uber alles in der Welt.
Now try singing it after blocking Uber...
Uber only provides contacts and NOT transportation services.
How do they get paid?
"When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
Everyone has passed that, its called a "Drivers license" unless they just hand them out at the age of whatever in Germany. lol
To obtain a commercial driver's licence in Germany, the first thing you need is a standard EU driver's license, which are not passed out like candy at a fireman's picnic.
You will need to know the law and demonstrate competence in handling your class of vehicle.
You will be run through a seres of no-nonsense medical and psychiatric evaluations. You will need a damn near perfect drving record and no criminal record.
The big city taxi driver must also have "The Knowledge" - a deep understanding of routes, traffic, destinations, and so on.
If you think Russia is irritated with current sanctions. Just wait until we ship the Germans 10,000 metric tons of pig iron and 1 metric ton of weapons grade.
Putin would piss himself in public.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
What? Ignoring your confusion re . vs ,
They are called 'significant digits'. Extra 0s past the decimal can be very expensive.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
Sure, your liberty was what O J Simpson got away with murder. ... /. story roughly around 1997. An american school class was in Paris, with their teachers. The teachers allowed them to drink some wine. The teachers got sued in the USA, for 'giving alcohol to minors'. Hm, did you ever consider that in Paris Frensh laws are valid, and European laws, and not US laws? So much to liberty ... /. about a 14 year old girl sending a picture of her 'chest' via a mobile phone to her BF and both got prosecuted for 'child porn'? Liberty fuck my ass. .... oki, that is a liberty, now you got me! ...
Or what the Furguson cop will get away with or what the cop who killed a cyclist while reading emails get away with
So what exactly has liberty to do with codified law versus court law? Nothing, except that in your law system stupid, corrupt, incompetent (or however the actual situation is) jury members can easily convict an innocent one or let a guilty one get away. Not to even mention if thete is a prosecution at all?
The price for your liberty is that 20% of the executed people in your prisons are innocent.
The price for your liberty is that children kill each other, or the shooting trainer, with guns, rofl. (Sad, but honestly the shooting trainer got what he deserved)
The price for your liberty, and that is the sadest point is: you belive you have more liberties than anyone else on the world. True in your country perhaps, not true if you are outside of it.
Hint: another
Or the story on
Your country is the most retarded on the world, besides some few islamic extremes perhaps.
You can get executed for murder if you are at least 12 yo.
You can vote with 18 yo.
You can go to the army with 16 yo (or even 14 if parents permit)
You may have sex with 18 (I wonder how the 16 yo get pregnant)
You may drink allcohol with 21 (how retarded is that?)
You may drive with 16
Some states allow weapons for children, don't know the age, seems there is no limit. Do your border signs have a signiture: "be aware, you may be shot by a 9 year old if he does not like your face"?
Liberty my ass
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
Somehow no matter how hard they try there is simply that Germanic compulsion to get everyone goose stepping in perfect order. The world changes and sometimes new ideas work better than older ideas. But the economics are such that any change hurts someone. Winning does not imply unfair competition. One excuse for a taxi commission has always been a need to know roads in a city. Now we have GPS and punching in the address routes the driver. On top of that we are about to eliminate human drivers anyway. Change is painful and when everything gets monetized there is a tendency to lock down any hope of change for the better.
Well, it depends. If you're in a place with limited government (like most places in the West), that's not really a freedom. In the US, you don't have the right to vote in a law that says that redheads can't own property, no matter how much you'd like to: the scope of things up for a vote isn't unlimited.
Uber is really two different service providers. There's "Uber Black" that provides usually very nice black car services with professional drivers at 20-40% higher rates than a taxi - I love this personally and use it a ton when I travel. Then there's UberX which tries to do the same with random individuals who own a car for 20-40% lower rates than a taxi. These two services have almost nothing to do with each other, and its the second one that everyone basically has a problem with.
You're special forces then? That's great! I just love your olympics!
Nobody claimed the scope was unlimited. It's a limited freedom, like most freedoms. Unlimited freedom usually doesn't work, because it hurts others.
This applies for all taxicab companies, no matter their size. What Uber is doing is to make an end-run around those laws by offering taxicab rides from drivers who *don't* meet those requirements. Makes it easy to undercut people who do abide by the law eh? Sounds like unfair competition to me.
So how the hell is enforcing such laws "Socialist"?
And whoever decided this Anonymous Coward's drive-by comment qualifies as "insightful"?
But we're the only First World nation with European roots in centuries to elect a minority as a president--twice. Tell me, when do you think Britain will elect it's first Prime Minister of Pakistani or Indian descent? Or when Australia will elect an Aboriginal Prime Minister? Or Germany electing someone of Turkish origin? Or France with someone of Algerian ancestry?
Here's to hot beer, cold women, and Glaswegian kisses for all.
oh a side note how does one drive differently with a paying customer as apposed to a family member??
It's simple insurance mathematics. The insurance for taxis is most likely simply higher because the payouts are higher. Much more time on the road, etc. And it makes sense to require that a professional driver has adequate insurance for his passengers - which is a lot of coverage if you consider that a mistake can put 4 passengers in a wheelchair for decades.
"When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
If you don't like the license requirements, then you should ask for all existing taxi drivers to be exempt from them
If a business license funds public oversight and infrastructure relevant to an industry, I'd agree that assessing it evenly across all businesses in that industry would be fair. For example, assess a taxi license on both Uber and traditional taxi service. Then the problem becomes setting the appropriate price. Governments and other monopolies have historically had a poor track record of setting an efficient price for a service, and Anonymous Coward #47808633 called the existing price "enormous". So it makes sense to set the taxi license at or near cost, which raises a question: What public costs are directly related to taxi service?
Two points here. First, it is über, not uber in the anthem. Second, only neonazis sing the first verse.
"It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
In Germany, car insurance has to cover at least EUR 7.5 million (that is USD 9.8 million) by law.
"It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
Is carpooling illegal in Germany? If not and I make an app that lets people meet others going the same place and also provides an escrow service to share gas costs is this illegal? I'm honestly curious where people think the line is here.
Actually in Germany the insurance *will* cover any damages, but it may try to recover the payment from the driver. Which seems perfectly reasonable to me. Of course drivers should pick the right insurance, just like I pay a bit extra to be able to use my car for normal business travel (not transportation).
To use these services, you sign a release for the driver. And you have to book in advance. And the driver has to go where he/she is going anyways.
Not comparable.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
it is über, not uber in the anthem.
Oh, right, because the name Uber is not influenced by the German "über" preposition/prefix in any way, and neither is the colloquial usage of uber-, as in "ubergeek". Must be pure coincidence.
(Where I'm from, we also use the über prefix for words like übergeek. It's not really that hard to spell or pronounce, but I guess for truly international usage you need to fall back to ASCII.)
Escher was the first MC and Giger invented the HR department.
And surprise, surprise, it looks like Uber and New York aren't playing nicely ...
http://betabeat.com/2014/04/now-its-uber-in-attorney-generals-sights/
This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
It is a bit borderline, but I don't think it is illegal. The difference is that car pooling is not for profit. Even if you are nice and pay for it, it is typically just a contribution to the cost.
You have the freedom to trade under certain limitations. Just like you are not allowed to yell fire in a cinema, there will be limitations on your rights.
Basicaly the rights are there to say "within reason". Different countries and people will not agree on what "different reason" means. e.g. the German public have decided that showing Nazi signs to be illegal. The USofA have decided that selling of aklcohol to 18 year olds is forbidden.
This does not mean that everybody agrees on this "withing reason". I am sure many Americans are against the age limit on selling alcohol. Some out of principle, some for financial reasons.
Sure, you could let all things go and have a complete freedom of trade. That will however get in the way of others freedoms very fast.
Don't fight for your country, if your country does not fight for you.
The point is registering a business and establishing a 'corporation' and finally running one are three different things.
At the moment you register one, no one checks if you actually are following regulations (how should that work anyway, no one can know who you employ later?)
Regulation checks come in when you start operating.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
The amount of seats is not relevant, the amount of passengers is.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
You do an excellent job of demonstrating your very-American mastery of arrogant over-generalizations. (What is particularly amusing is that you are German). Like most Americans, I am deeply upset by what has become of our government (perhaps you have some parts of your own history to which you can relate), and corporatism is a disease that the whole world must solve. But that doesn't change the fact that the only single reason you live in such an enlightened, prosperous nation and *IS* the United States of America and its dedication of resources to the security and democracy of your nation. I despise nationalism, but you ought to learn some manners.
No, protectionism is all about "profit uber alles", just not fer them damn ferner's. And Europe in particular is a little chauvinist in this regard.
This is not about protectionism (of a market), but protectionism towards the cutomer, and thus NOT "profit uber alles".
I think, this critique against Uber is unfounded, sincer Uber only provides contacts and NOT transportation services. Perhaps Uber's only mistake is that it doesn't state this clear enough.
But there are laws and regulations for transportation services that are meant to protect the cutomer almost everywhere -- not only in Europe.
As Uber provide the booking mechanism for the ride, facilitate the ride and take a percentage of the ride they most definitely DO provide transportation services, the fact that they contract out the drivers doesn't make them less of a transportation service.
Well, for one, Uber has about 10 times as much insurance coverage as a taxi--a million dollars, instead of $25,000 to $100,000. Slugging and hitching have Guest PIP at $5000.
Uber also has traceability. Every Uber charter has passenger, driver, and time centrally logged. Passengers can comment on drivers, and drivers can comment on passengers. There's a rating system. A rapist will expose themselves to a hard evidence chain establishing where they were and that they were with the accuser, as well as a rating of "1 Star, Driver raped me, would not ride again".
Only in the USA are such low levels of insurance appropriate, in the rest of the world a million dollars for a taxi would mean the taxi is UNDERINSURED. most countries I am aware of require between $5 million-$10 million minimum, I believe Germany is even higher. $1 million is underinsured even for a private car.
For example, in NYC taxi drivers have to fork over something like $600K / year for their taxi rights
But why do local governments assess this tax? For what taxi-related city services does it pay?
If you can read German, find the relevant information on UberDE and report back how many euros they cover.
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I only try to adapt to the level of manners and arrogance and generalization we usually see here :D
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
There is nothing about insurance for German uber. Looks like they rely on the standard car insurance, but that is the point - it only covers non-commercial use and uber drivers may lose their insurance coverage due to breech of contract - and without insurance they aren't allowed on public roads.
"It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
If the number of seats is above 9 then you need a different driver's license in Germany. Everything above 9 already counts as a bus.
You are wrong ... but that is your problem not mine. (I'm german btw. and posted plenty of links regarding the relevant laws in the previous discussions about Uber). In case you don't remember what what you answered to: the number of seats is irrelevant, it is the number of passengers.
For a bus you need actually in most 2 extra licenses, one to transport passengers and one because it is a truck. Perhaps that is what confuses you?
With a truck license I can drive empty busses as often as I want where ever I want, I don't need any "passenger transport license" and I can carry up to 8 (or was it 7?) passengers regardless of the amount of seats, the question if it counts as bus/truck or is a mini van.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
That's nice. However, I originally quoted the rules of Mitfahrgelegenheit. And they specifically stated that THEY care about the number of seats.
Please look up Fahrerlaubnis-Verordnung (FeV) 6:
Klasse B:
Kraftfahrzeuge – ausgenommen Kraftfahrzeuge der Klassen AM, A1, A2 und A – mit einer zulässigen Gesamtmasse von nicht mehr als 3 500 kg, die zur Beförderung von nicht mehr als acht Personen außer dem Fahrzeugführer ausgelegt und gebaut sind (auch mit Anhänger mit einer zulässigen Gesamtmasse von nicht mehr als 750 kg oder mit Anhänger über 750 kg zulässiger Gesamtmasse, sofern 3 500 kg zulässige Gesamtmasse der Kombination nicht überschritten wird).
Ah, sorry, did not notice that.
If they care, they are technically wrong. But well, demanding that a car has so few seats that a 'passenger transport license' never is an issue makes sense somehow as well.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
Yepp, that is a ordinary car driving license, not a 'passenger transportation permit', or more precisely it has nothing to do with a 'passenger transport permit'... ... which are crafts which weight more than 7.5 tonns)
If you have more seats then first imho the truck driving license (for a bus) comes to play, and later the 'passenger transportation permit'.
Driving licenses and transportation permits are different issues. E.g. if you transport people commercially you need a 'passenger permit' regardless how many passengers you have and regardless what kind of car you drive.
However I was not aware that the type of car 'max 8 passengers' is already written in the driving license (I have an old one, where such limitations are not explicitly mentioned in the driving license, a so called class 3, well actually I have everything besides class 2
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
No. The seat limit is also written into the C driving license (trucks) and D driving licenses (busses). Look it up.
Yeah, but it is not written into my (older) license.
Must be a new thing.
And changes nothing about the fact that driving licenses and 'person transportation licenses/permits' are two completely different things.
The only thing that is new to me is that a truck driver seems not to be allowed (according to you) to drive an empty bus, which sounds odd, but laws are often odd.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
The UK has the same rules - must have a passenger license and must have insurance.
Uber complied with those rules and would do in Germany too. This is anticompetitive behaviour and will get slapped down by the EU.
That still doesn't tell me why "the right to operate the cab" itself, as symbolized by a medallion, needs to be made artificially scarce in the first place.
I'd have thought a free marketeer like yourself would prefer the latter.
Georgists are free marketeers with respect to capital and labor resources but socialists with respect to land resources. Taxi over-provision is overuse of a land resource.
As I said earlier, imagine it more like owning a shop on a busy street.
Such an owner would have to pay property tax. Likewise, medallion owners in effect own a share of the value of the land on which roads are built. But what property tax do medallion owners pay?