The Regulatory Authority for Public Services (ARESEP) suspended the fines related to unauthorized public transport service delivery (including Uber), and they remain so.
Illegal actions in transport of persons can be punished by the Traffic Law (immediate fine) or ARESEP Act (administrative fine). However, since last year, ARESEP reported that no sanction could be issued until the Constitutional Chamber resolved an unconstitutionality action that was under study.
In addition, the institution asked the Attorney General’s Office (PGR) for a “legal analysis” on whether to block websites, electronic payment systems or technological applications such as Uber.
However, in January this year the PGR declared the consultation as inadmissible, because the issue was being discussed in court, so they have to adjust to what is resolved there.
Last week, the ruling was finally announced: it was dismissed and it had divided votes. In addition, the magistrates issued no statement regarding the legal -or illegal- operation of Uber in Costa Rica.
Following the ruling, ARESEP was asked if it will resume fines. Carolina Mora, a spokeswoman for the institution, commented that
at this moment there is nothing new. We have not been officially notified to analyze the scope of the decision of the Constitutional Court.”
In August, Roberto Jiménez, Controller General, said it was necessary to create a legal framework for services through technological applications to present a draft bill to the executive branch.
Therefore, the future of Uber and its “cooperation partners” (drivers) in Costa Rica is still uncertain.