CASE LAW - Unlicensed Ride Hailing

Published by DriveSmartBC -
Case Law
Commercial Vehicles
Driver Licencing
Vehicle Licencing

BC Courts Coat of ArmsThe police were conducting an operation to find drivers who were providing unlicensed ride hailing services in Richmond. An officer used the Udi app to request a right from the Richmond Centre to the SFU campus in Surrey. Haiya Zhang was one of the drivers who responded.

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Charges Related to Unlicensed Ride Hailing

Mr. Zhang was issued a traffic ticket containing three counts:

  1. Operating a commercial passenger vehicle without the required licence, contrary to section 57 (1) of the Passenger Transportation Act
  2. Operating a motor vehicle without the appropriate class licence, contrary to section 24 (1) of the Motor Vehicle Act
  3. Failing to display a valid inspection certificate for a motor vehicle, contrary to section 25.07 (1) of the Motor Vehicle Act Regulations

He disputed these charges but was convicted in traffic court.

Appeal of the Convictions

Mr. Zhang appealed the convictions to the Supreme Court. 

[4]             The main issue in the trial, and the main basis for Mr. Zhang’s appeal, relates to whether Mr. Zhang, on arriving and rolling down his window, asked the officer if he [my emphasis] was going to Surrey, or rather simply said these two words, “to Surrey”.  Mr. Zhang testified that he said “to Surrey” to the officer, and that his intention in responding to the Udi request was to pick up and deliver items such as documents or food, and not to transport a passenger.  The judicial justice did not accept Mr. Zhang’s evidence on that point, and accepted instead that Mr. Zhang asked the officer if he was going to Surrey.

[5]             In his appeal, Mr. Zhang contends first that he was not operating a commercial passenger vehicle, and the evidence was not sufficient to prove that he did.  He relies on the lack of any evidence to show that money changed hands.

[6]             However, the fact that money had not changed hands does not assist Mr. Zhang.  The police issued the ticket very shortly after Mr. Zhang arrived and made the statement to the officer.  If he had come to the officer’s location in order to give the officer a ride as requested, the offence was complete whether or not money had transferred by that time. 

Convictions Upheld

Mr. Zhang was not successful in his appeal.

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