Uber Is Live In Ba

[TrevorCito]

Under Argentine law taxi/remise drivers can only be independent contractors (monotributista) when they own and operate a car that has been properly licensed and inspected and have a professional driver's license and commercial passenger insurance. It is a public safety issue.

If they don't have their own car that meets the city's requirements, then they must enroll as an employee at a taxi or remise company and use a vehicle provided by one of these companies. As an employee they receive the social security and healthcare benefits that the law indicates.

Uber can't play both games. If it wants to let anyone in the city drive, it needs to buy and operate a fleet of cars and enroll them as employees. If it wants people to drive their own cars, then it needs to enroll as a remise company and hire only professional drivers with commercial insurance. You can't just have random people pick you up who have had no background check whatsoever and no insurance. It is a danger to public safety.

Saludos.

Actually, Uber can and is playing a third game, an international game that hedges international treaties and agreements between countries. You'll find that international tax and trade agreements trump local laws. Look at the trade agreements and tax agreements first and you may find that Uber is actually more legal than illegal... kind of like being half pregnant.

 

[thorsten]

Under Argentine law taxi/remise drivers can only be independent contractors (monotributista) when they own and operate a car that has been properly licensed and inspected and have a professional driver's license and commercial passenger insurance. It is a public safety issue.

I hear this argument "public safety" so often, but can anyone here explain:
1. What is the difference between a licensed cab and a regular car driving around in terms of safety?
2. What is the difference between a regular drivers license and a "professional" drivers license in terms of safety?
3. What is the difference between a regular car insurance (assuming this is mandatory here in Argentina too), compared to a commercial passenger insurance?

 

[joeschmoe1920]

I hear this argument "public safety" so often, but can anyone here explain:
1. What is the difference between a licensed cab and a regular car driving around in terms of safety?
2. What is the difference between a regular drivers license and a "professional" drivers license in terms of safety?
3. What is the difference between a regular car insurance (assuming this is mandatory here in Argentina too), compared to a commercial passenger insurance?

Wouldn't that require some critical analysis skills? I hear crickets.

 

[Rich One]

I hear this argument "public safety" so often, but can anyone here explain:
1. What is the difference between a licensed cab and a regular car driving around in terms of safety?
2. What is the difference between a regular drivers license and a "professional" drivers license in terms of safety?
3. What is the difference between a regular car insurance (assuming this is mandatory here in Argentina too), compared to a commercial passenger insurance?

1. None Cabs are more often involved accidents in the early AM hours
2. None. Professional cab drivers often break the Law and drive recklessly
3. A regular car insurance is void if vehicle is used for commercial purposes


Question ; if you are injured in a traffic accident while riding in a legal CAB. YOU must sue for damages against a Private cab owner insurance, or a Cab Company. In the meantime for as long as they don't PAY, If they pay, for your Hospitalization etc. YOU must fork the $$ for medical if you don't have a medical insurance plan.??

 

[Bajo_cero2]

Not true because it all depends on the tax treaty argentina has with the country of tax residence Uber has. Tax treaties exist so that companies and persons don't pay tax twice so in the case of Uber, they pay tax on profits in the country in which they reside, not Argentina.

It seems you could be confusing immigration residency with tax residency, yes? A common mistake. The two are different and in the case of Uber, we're talking about residency for tax purposes, not immigration purposes which of course a company cannot have. Ever heard of a company visiting argentina on holiday, LOL? Further, what tax are you referring to? Income tax? IVA? Export/Import duties/taxes?

Yay, AFIP gets indirect tax revenue from Uber activities, fantastic. Uber just keeps getting better an better.

I hope this helps.

Well, well, well.

Tax treaties? Really? Seriously? For that, you need a CUIT and your accountant has to fill some affidavits. But guess what? They do no even have CUIT.

FYI you don't need to have address in Argentina to have rights (commerce, work, busisness) and duties (tax, to respect the law) in this country.

I suspect that AFIP disagree with you.

The busisness UBER does is alike contraband. It is very profitable to do not pay taxes and liability.

The working contract in this country is beyond the free will. in fact, what UBER wants to do is called labor fraud because UBER has to pay for the retirement and medical insurance of the drivers. Not big deal if you have a LEGAL busisness because you can dedict taxes.

Also, who is going to pay when an accident happend?
This is not like Amazon because 7.400 people die last year in this country because of car accidents and the UBER drivers are amateurs without insurance.
http://www.luchemos.org.ar/es/estadisticas/muertosanuales/muertosarg2015

But, ok, prostitutes also work under the table. You can work illegally and make a lot of money. Pablo Escobar did it.

 

[Bajo_cero2]

Question ; if you are injured in a traffic accident while riding in a legal CAB. YOU must sue for damages against a Private cab owner insurance, or a Cab Company. In the meantime for as long as they don't PAY, If they pay, for your Hospitalization etc. YOU must fork the $$ for medical if you don't have a medical insurance plan.??

You sue the insurance company and you ask the judge to order them to pay in advance if there is urgency.

 

[Bajo_cero2]

I hear this argument "public safety" so often, but can anyone here explain:
1. What is the difference between a licensed cab and a regular car driving around in terms of safety?

Licensed car: zero % alcohol in blood allowed or they loose the license.

Regular driver: 0.5 ppm

Plus police control the taxis a lot more than regular drivers.

 

[camberiu]

Plus police control the taxis a lot more than regular drivers.

And we can see that control in action right here. I feel safe already. Thank you, regulated taxis. Who needs Uber?

http://youtu.be/0dfd9ZxxQd4

 

[Rich One]

You sue the insurance company and you ask the judge to order them to pay in advance if there is urgency.

You are in hospital bed on a cast with a leg up and broken ribs , means you must hire a lawyer , or go yourself with no Spanish to sue the insurance and press the judge for payment in advance , this may take weeks? in the Argie Court system... Who are you kidding Bajo

 

[el_expatriado]

I hear this argument "public safety" so often, but can anyone here explain:
1. What is the difference between a licensed cab and a regular car driving around in terms of safety?
2. What is the difference between a regular drivers license and a "professional" drivers license in terms of safety?
3. What is the difference between a regular car insurance (assuming this is mandatory here in Argentina too), compared to a commercial passenger insurance?

Here's the answer:

1. Cars that are used for public transport have required annual inspections where things like breaks, seatbelts, etc are all inspected by the city. Have we all seen taxis that aren't up to code? Sure, but that means they need MORE inspections, not less. Regular cars are not inspected.
2. A regular driver is only responsable for himself and others on the road, not transported passengers. A professional driver can't use any alcohol at all while driving. 0%. Professional drivers also have to pass a criminal background check. That's called a certificado de reincidencia here. Convicted criminals cannot get professional drivers licenses. Professional drivers also need to have at least 2 years of driving experience to get a professional license.
3. A regular car has $4 million in liability insurance, verified on a reactive basis (random stops). A licensed cab has $15 million in liability insurance, which is verified by the city government on a proactive basis (required inspections).

Its pretty clear there is a public safety issue. However, since most of us drive and we are familiar with cars, we think its no big deal. If that's the case, then the appropriate response is to amend the laws and remove requirements to do public transportation.

Saludos.