The recent ruling of the Constitutional Chamber that left out the actions against the law that regulates the Public Service of Remunerated Transportation of People in the Taxi Mode (SEETAXI) generated more doubts than answers.
The expectation of many was that Chamber IV would refer to the legality of Uber’s service , but the magistrates avoided referring to the case. Now, Uber’s partners and users feel a void and doubts and fears invade them. What will happen?
General manager of Uber Central America, Humberto Pacheco, constitutional lawyer Fabián Volio and representative of the Association of Free Consumers Rogelio Fernández agreed that Uber is a private service and that neither the situation of the partners of the company nor that of its clients will change.
Pacheco stated that in Costa Rica, what is not prohibited is allowed and he insists that the message for drivers is that “what they are doing is legal, they are well and we will support them .”
Fabian Volio, a constitutionalist, points out that the situation of Uber’s collaborators is exactly the same as it was before the ruling in Chamber IV, since Uber is a private service, the negotiation is in private, between the driver and the user.
But can they punish drivers?
If the activity is considered private, it is not a public service; as a result, it should not be fined since it is not a public service. You do not even know who the person who is offering the service is. However, that is going to be discussed, because there is still no pronouncement in the courts about this point,
explained the lawyer.
Rogelio Fernández, legal representative of the Association of Free Consumers (ACL), insists that the service is legal but it offers a series of advantages for the user, since these technological platforms allow a more timely inspection of the quality of the service.
The Uber representative once again called for dialogue and called on the authorities to discuss the issue of public transport, as it is necessary to include collaborative mobility in Costa Rican jurisdiction.