Will Uber be legal once Parliament passes Budget 2017?

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Parliament, as the highest law-making body, cannot be approving allocations for incentives for any activity unless the activity is legal in Malaysia, writes Angry Malaysian.
I refer to the prime minister’s suggestion that poor people should take up driving Uber to supplement their income. (See the press release from Uber Malaysia in reaction.)

The prime minister then proceeded to propose in Budget 2017 that those who want to drive for Uber but don’t own vehicles can apply for a RM4,000 rebate to buy Proton Iriz cars.

What this means, in my opinion, is once Budget 2017 is approved in Parliament, Uber by default would be deemed to be legal in Malaysia.

Parliament, as the highest law-making body, cannot be approving allocations for incentives for any activity unless the activity is legal in Malaysia. For example, Parliament won’t and cannot approve subsidies for growing marijuana as marijuana is illegal in Malaysia.

Therefore under the doctrine of condonation, if Parliament approves incentives to become Uber drivers, it may be perceived that Uber is legal from here on. And anyone who is charged for driving Uber could then try and use this defence in court.

Food for thought indeed, eh?

Angry Malaysian is the pseudonym of an Aliran reader who is always angry because the bright future of Malaysia has been eroded by incompetence, nepotism, apathy, laziness, racism, double standards and arrogance.

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Ong Eu Soon
Ong Eu Soon
28 Dec 2016 11.07am

SPAD should not hesitate to legalise ride sharing vehicles under the Private Hire Vehicles permits. The delay of the implementation of Private Hire Vehicles permits is unfair to both the taxi and the ride sharing industries . Without PHV ride sharing vehicles are operating illegally without insurances. All applications for PHV permit should undergo licensing and yearly inspection by Puspakom. All PHVs must display their vehicle licence discs and driver registration cards. All PHVs must have private hire vehicle insurance coverage. All ride sharing vehicles should either possess a Public Service Vehicle permit or a Private Hire Vehicle permit. The regulation is needed to ensure that public safety is always the number one priority of the enforcement. Fares should be set at a level that all operators including Uber and GRAB can enable drivers to earn a living without excessive hours avoiding the risks of driver fatigue and places an obligation on the operator for occupational safety. SPAD cannot simply deregulating the vehicle for hire industry, without offering regulations that encourage safety and professional service. If Najib want the people to drive for Uber, then he… Read more »

Ong Eu Soon
Ong Eu Soon
15 Dec 2016 9.49am

One thing for sure the legalisation will take place unless Najib stepdowns out of sudden. The blue taxis will be the first to fade out with all taxi companies go bankrupt. New ridesharing apps will emerge. A new limo app and a rival app for Uber and Grab will be rolled out. The nightmare will just begin for UBER and GRAB which suffered from huge loses in their attempts to eliminate taxis from the industry with predatory pricing. No drivers will ever drive for this two apps anymore when the rival apps offered better fares. Even if UBER and GRAB want to make a U-turn it is too late. You can have passengers but no drivers. The new comer will be the ultimate winner. No more cheap taxi fare! You need to pay for your stupidity. I will be the driving force behind the new apps.

Lextcs
Lextcs
12 Nov 2016 9.50pm

The govt says one thing n does the other. SPAD officers acting as undercover customer are constantly conducting their operations to seize uber n grab drivers n their cars too. The trauma n process of getting back those cars in open stock yards is troublesome n tedious. Sometimes it takes 6 months for these cars to be released. By then to the rain n scorching sun would have severely damaged these private vehicles. Suffering rakyat who wants to earn some extra supplementary income instead have to bear the burden of losses. This bn govt just socks.