Almost three weeks after the Buenos Aires lawmaker passed a law enhancing punishments against illegal traffic, Buenosaire's justice failed in the opposite direction, and freed the driver of Uberto understand that this is a "contract between a private company".
In spite of repeated protests by taxi drivers during the US company's landing in the city, court-holder No. 7 in criminal, illegal and unlawful conduct, Javier Bujan, ordered the freeing of the driver from the offense set forth in Article 6 (49) of Act 451 imposing sanctions of up to 4,000 fixed units (about $ 80,000) for those who provide public service without permission.
The driver whose identity was not made available was on July 16 at Avenida Cordoba, 700, in the city center, refused without permission.
Among his arguments, the judge recalled that the Supreme Court of a Member State had ratified the legality of Uber, "considered in previous cases as a legal business", when it rejected the taxpayer's complaint in August this year. He added: "The activity consists of private transport contract unlimitedly regulated in the Civil and Commercial Code of the Nation with the relevant treaties ".
Still, the ruling leaves open doors State intervention and regulate activity. "In no case will it prevent the State from understanding what is important to regulate its performance to some extent in order to preserve public order and security," Bujan said during the hearing, referring to what Mendoza has recently done.
For the time being, Omar Viviani, the taxi-breeders' union, has announced that he will appeal the decision and, by saying, "The decision is not firm and that is contrary to the opinion of all other beliefs and forts arranged in both the first and the second instance. Both committees for criminal proceedings, offenses and offenses and the Buenos Aires court have repeatedly declared the illegality of the action taken by Uber. Not only has more than 40 drivers been convicted, but The company was convicted as a legal person and its Chief Executive Officer Mariano Otero for considering Uber and its drivers to be illegal. "
The resolution of Bujan is in contradiction with what the Portean legislators enforced on November 8, when they approved the law imposing penalties for Uber drivers.
A sanctioned law, which governs several articles of the Municipal Transit and Freight Code, stipulates that any non-authorized passenger transport will have a fine corresponding to 10,000 hard units (almost 200,000 pesos). It also includes the deduction of points from the driving license and the possibility of losing registration from 7 to 30 days.