Today, there is a smartphone app for everything and transportation is no exception. E-services have generally made life easier and often less expensive for many. Still, the inherent risks of some e-services are being overlooked, often endangering the safety of innocent third parties.
“Electronic hailing” or “e-hailing” services have spread like wildfire recently. E-hailing is a service provided to book car transport through electronic applications. The most significant advantage of using e-hailing services is its relatively low cost compared to traditional taxi services. Still, many are unaware of the risks to passengers and road users built into the e-hailing business model.
Traditional taxi drivers must adhere to specific standards imposed by government regulations. At a minimum, they must show proof of residency, good health and hygiene and have a lawfully obtained driver’s licence. They also must speak English, have a clean criminal record and complete taxi training.
Most e-hailing service providers use drivers who are independent contractors, not formal employees. They, therefore, invariably deny all liability when things go wrong. When you download an e-hailing app, you agree to terms and conditions by default. The fine print of these terms and conditions absolves e-hailing service providers of anything that happens to you – be it an accident, theft, assault or death.
Businesses that outsource their human resources function cannot protect the interests of their workers, customers and the public. How can one trust such companies?
Recently, a person I know was involved in a traffic accident when a reckless e-hailing car driver smashed her car when he bolted from a side street, ignoring traffic signs. The fact that most insurance companies do not insure Y-plate cars indicates the risks these cars pose to road users. Action must be taken not only to reduce the number of Y-plates but also to ensure that the driving licences of all drivers are indeed genuine. It is also time to increase the number of alcohol and substance abuse tests in random checks on our roads.
Drivers hired by some e-hailing service providers are independent contractors rather than their employees. So, an injured party, because of a driver’s negligence, is more likely to suffer damages as car insurance risk cover is limited. This is not acceptable.
Action must be taken not only to reduce the number of Y-plates but also to ensure that the driving licences of all drivers are indeed genuine
Anyone using a public service against payment must be given the same legal rights, whatever service providers they choose. Moreover, innocent third parties who suffer damages because of the negligence of e-hailing drivers should not be left to seek redress only from the driver’s insurance.
E-hailing service providers claim that they vet their drivers’ records and performance regularly. However, various studies conducted in different countries have shown that these checks are often unreliable. At times, drivers convicted of burglary, battery and assault, and drunk and reckless driving were part of these investigations’ findings. Moreover, it is unsurprising that some drivers obtain a driving licence irregularly.
Those considering using e-hailing services can weigh the pros and cons of doing so. But other road users should be protected by law from attempts by e-hailing service providers to shift their duty of care and legal liability to the insurance provider of the drivers they hire. It is time for regulators to legislate so that all those involved in providing a public service, including operators of e-service platforms, are held legally responsible for drivers’ negligence.
The business model of these service providers must not be built on minimising their risks at the cost of innocent road users whose safety is jeopardised by the recklessness of some e-hailing drivers. Cars used by e-hailing drivers must be rigorously checked to see that they adhere to the same safety standards as traditional taxis. Vehicles used by e-hailing operators to provide public transport services must be installed with security cameras and backboxes to monitor speed and drivers’ adherence to traffic regulations.
Health and safety enforcers and public transport authorities must be more intrusive in the way they demand that e-hailing service providers minimise the safety risks of road users. Background checks of drivers must be more thorough and ongoing to minimise the dangers of reckless drivers putting people’s lives at risk. Vehicle maintenance should not be solely the responsibility of drivers, but service providers must be held responsible for ensuring that strict car maintenance regulations are enforced on all drivers.
Ultimately, the most crucial change must be that the e-hailing service providers and their drivers are held legally accountable when things go wrong because of negligence or failure to adhere to strict safety regulations.