Rides without proper licensing, insurance, or regulatory approval – A RIDE AT YOUR OWN RISK!
Dear BP,
The recent public notice from the Ministry of Transport and comments by members of the Taxi Union on illegal ride-share operations in the Bahamas have attracted the ire of some people. As usual, the usual group of uninformed people are screaming at the top of their lungs about the ban being unconstitutional, taking bread out of the mouths of Bahamians, etc.
Of course, the problem is that this practice must be stopped or tightly regulated just to protect some hard-headed Bahamians from themselves. Indeed, offering “Uber” services is in itself a breach of the Bahamas Copyright Laws because Uber BV (“UBV”) is a Dutch corporation that holds the intellectual property rights in the App.
All Uber drivers using the App are registered with it, but to my knowledge, it does not operate or have licensed its App in the Bahamas. Under the agreement with Uber, they know who they are. The mischief that the Government is trying to prevent is those operating an illegal Uber service, which typically means providing rides without proper licensing, insurance, or regulatory approval. Many countries and cities have strict rules governing ride-hailing services, and violating them can lead to fines, vehicle impoundment, or legal action.
However, the critical danger the government seeks to protect Bahamians and visitors using ride-share services from is liability for damage, death, or severe injuries. Now we know that, according to the Road Traffic Department, many persons using Bahamian roads are either unlicensed, uninsured or both.
In addition, using a private vehicle for commercial purposes voids whatever insurance coverage you have, so in the event of death, injuries, damage, etc., you are on your own. But since my countrymen never just break laws; they destroy them, there is another troubling element that the Minister seeks to protect them from, despite their recklessness, i.e. using rental vehicles to operate an illegal ride-share or Uber.
This practice is wrong on so many levels that it boggles the mind because at every level, there are losers: the misguided or ill-informed Uber entrepreneur, the injured passenger, and the owner of the rented car. I am waiting for a car rental company to try to explain to the police or insurance company that they were unaware that their vehicles were being used to conduct illegal ride-share services.
If this practice continues unabated and uncontrolled, I can virtually guarantee that the rental car business owners will be liable for all injuries, damages, etc., because a renter used their vehicle as an Uber, as will the private vehicle owners.
So listen to the Minister, not these TikTok purveyors of misinformation, and protect yourself because the last person you want on your case is a Personal Injury lawyer. These lawyers are relentless and will not quit until their clients are compensated, however long that takes.
Indeed, even if you close the business down or relocate, the family home can still be sold for some of the claim.
Finally, to the Minister, if anyone threatens not to support you because you stand for law, order and the safety of all Bahamians, they were never with you in the first place.
Sincerely,
Michael J. Brown
