ISLAMABAD: A taxi driver has moved the Islamabad High Court (IHC) against ridesharing services Uber and Careem, asking why drivers for the two services are exempt from the laws requiring registration with the transportation authority, obtaining permits and licences and painting their vehicles.

The petitioner, Mohammad Abdul Shakoor Malik, adopted before the court that he has been driving a taxi for 17 years, has obtained the public service vehicle licence and registered his vehicle in the public transport category.

Through his counsel Umer Gillani, Mr Malik has nominated the Islamabad Transport Authority (ITA) secretary, Senior Superintendent of Police (SSP) (Traffic) Malik Matloob, Islamabad Chief Commissioner Zulfiqar Haider, Pakistan Telecommunication Authority chairman, Careem Cab Network and the Uber Technologies general manager as respondents.

An IHC bench will hear the petition on Friday.

The petitioner said Uber and Careem were the companies that set up mobile phone applications that can be downloaded to smartphones and work in conjunction with their respective websites.

Through the websites and applications, as well as through their offices and media communication, the companies invite car owners in Pakistan to become their agents and provide rides to passengers.

The petitioner said the two services are operating in many Pakistani cities, including the capital. In Islamabad alone, the number of drivers providing rides to passengers as agents of the two companies has increased significantly, he said.

Neither service requires drivers to register themselves to comply with any of the requirements imposed by Pakistani laws on vehicles and drivers falling in their category, the petitioner said.

The companies do not, for instance, require the drivers to have light transport vehicle (LTV) driving licenses, nor are do they require drivers to obtain permits from the concerned authorities for providing contract carriage services.

Most importantly, Careem and Uber do not require that drivers have their cars painted according to a distinctive government-approved colour scheme. Due to this, drivers of these two companies do not fulfil any of the legal requirements laid out in the 1965 Motor Vehicle Ordinance or the 2000 National Highways Safety Ordinance, the petitioner added.

Mr Malik contended that the drivers should be prosecuted for criminal offences, as should the managements of Careem and Uber.

He said Uber and Careem try to distance themselves from the legal and regulatory liability of their drivers by claiming to be mere “information exchange” platforms, however, this argument is factually misconceived. In reality, there exists a demonstrable agency relationship between Uber and Careem and their drivers.

The petitioner said there are professional taxi drivers who structured their careers and investments in accordance with the laws of Pakistan; they pay fees to the government, obtain the relevant licenses and permits and paint their vehicles to look like taxis. On the other hand are part-time drivers who neither pay any government fees, nor do they obtain licenses and permits or paint their vehicles.

The petitioner asked the court to direct the ITA to ensure that new entrants into the market for contract carriage permits, such as the two aforementioned services, are subjected to the same legal and regulatory requirements enforced against existing licensees, and to proceed strictly against those who refuse to comply.

The petitioner also prayed that the ITA, SSP and chief commissioner may be directed to ensure that the petitioner’s complaints annexed with the petition, which disclose allegations of cognisable and non-cognisable offences, are investigated and proceeded against in accordance with the law.

Published in Dawn, September 15th, 2017