[Boondog1]

Hi All,

There seems to be a little bit of grey with issuing of these penalties when driving uber.


From what I understand:

1) Touching mobile in console or any interaction approx $400 fine if caught. This is despite a representative at uber driver centre saying to me just tell police was uber/gps mapping navigating.

2) open alcohol passenger drinking and driver fined as my uber buddy copped $278 as did his passenger. I would fight this in court as I have a sign that say put on seat belts and no drinking!!
Also one time told passengers no drinking and they open their drinks while I was driving.

As for seatbelts $320 or so pax and driver. Though I met an uber driver that avoided it as the passenger was behind the driver and the policeman only enforced it on pax. Maybe behind driver hard to monitor as we don't have eyes backnof our head.

Also these fines should be reimbursed through uber collecting from passenger account!!

We have proof with record of a ticket!!!

 

[WestSydGuy]

Hey @Boondog1 how is the Uber lifestyle treating you lately, have you done your latest BAS? Soon it's time for your annual tax return, will you still be ooobering after that I wonder? Glad you're still around.

What is point 1 related to? Read this: https://roadsafety.transport.nsw.gov.au/stayingsafe/mobilephones/know-the-rules.html

Point 2, maybe this will make it clearer, https://nswcourts.com.au/articles/can-i-drink-alcohol-while-in-a-car/

I've had 5 girls in an XL trip before, with 4 of them sneaking bottles in the back and polishing off their beers before we got to the destination, a pub, as I wasn't aware of the open alcohol containers, I'd suggest a fine would be not warranted in that case, however, if it's the front seat passenger, the driver would be aware. The muddy line here is that an Uber vehicle is classified as a private vehicle mostly, and a public transport vehicle in some parts of P2P legislation.

You have a responsibility to check seat belts are on at the start of the trip, a sign won't get you off a manslaughter charge in the event of a death. However, if you do check for seatbelts at the start of a trip, (I usually keep wait time ticking until everyone is in, and has had time to clip their seat belts, which seems to be highly complicated with 3 PAX in rear, but I'm fairly easy going about it), you should avoid a fine yourself. Just don't pull away when the PAX say we're ready to go, they rarely will put on the seat belts immediately, as they are 'rushing' or busy talking. Any RBT you see, they will check all PAX have seatbelts on. English PAX are renowned for not putting on seatbelts.

As @Who is John Galt? says, just suggest putting on seat belts, "shall we wear our seat belts to avoid $320 fines today?", usually, that gets the message across quick smart :smiles:

 

[95223]

Hi All,

There seems to be a little bit of grey with issuing of these penalties when driving uber.

From what I understand:

1) Touching mobile in console or any interaction approx $400 fine if caught. This is despite a representative at uber driver centre saying to me just tell police was uber/gps mapping navigating.

2) open alcohol passenger drinking and driver fined as my uber buddy copped $278 as did his passenger. I would fight this in court as I have a sign that say put on seat belts and no drinking!!
Also one time told passengers no drinking and they open their drinks while I was driving.

As for seatbelts $320 or so pax and driver. Though I met an uber driver that avoided it as the passenger was behind the driver and the policeman only enforced it on pax. Maybe behind driver hard to monitor as we don't have eyes backnof our head.

Also these fines should be reimbursed through uber collecting from passenger account!!

We have proof with record of a ticket!!!

quick and easy
- can 'touch' phone if it is in cradle when using it for uber / rideshare purposes.
HOWEVER, this is always at the discretion of the police officer, their attitude, in general and to you personally.

- open bottles
nope. legally they cannot do it.
if the police stop you, they will be fined.
AGAIN, at the officers discretion

- seatbelts
this is a must and you and the pax will be fined.
The uber driver who didnt get fined because the PAX was behind him was LUCKY !
do not tempt your luck here.
money and points for nothing isnt a good situation.

 

[munchiecat]

Pax drinking in the car is not illegal. From WestSydGuy's link:

What if I am a passenger?
NSW legislation only refers to drivers, so there is currently no restriction on passengers drinking alcohol while in a car.
However, passengers are not allowed to consume alcohol on public transport such as a bus, train, taxi or ferry. This includes being in possession of an open container of alcohol.

So, it is only illegal on public transport. Uber cars are regarded as private vehicles, and pax drinking from open containers is not illegal.

 

[Dhaw]

Pax drinking in the car is not illegal. From WestSydGuy's link:

So, it is only illegal on public transport. Uber cars are regarded as private vehicles, and pax drinking from open containers is not illegal.

Cummon team..... I thought we had cleared this up? Pax with an Open bottle.. fine or fined? Quick smart.... we need a consensus here.

 

[rushbudgie]

im told that the alcohol from a opened bottle can cause a reading during a RBT stop. This in turn has the officer do a further reading then another but at the station for confirmation. The Police hate doing this as they have to find the (sauce, haha) & confirm its not the driver.
This is extra work for them & a waste of time for us when we should be earning $. That is the reason why its not welcome to have open bottles of alcohol. I explain to pax this & they understand (most times).

 

[Mulder99]

Fair dinkum, this has been done to death before

for the dummies

THERE IS NO LEGISLATION in NSW against passengers drinking alcohol in a car.

see here

https://nswcourts.com.au/articles/can-i-drink-alcohol-while-in-a-car/

however,

UBER Community guidelines states rider can lose access if

Breaking the local law while using Uber. For example, bringing open containers of alcohol or drugs into the car; travelling in large groups that exceed the number of seat belts in the car; asking drivers to break local traffic laws such as speed limits; or using Uber to commit a crime, including drug and human trafficking or the sexual exploitation of children.

So the Local law in NSW is there is NO LAW against passengers drinking in your car.

Personally,

i prefer riders not to drink , but i do it on a case by case basis depending on length of trip, rating, request,

 

[dms]

Aren't we considered Taxis like when having to pay GST even if our turnover is less than $75,000.

 

[Mulder99]

Aren't we considered Taxis like when having to pay GST even if our turnover is less than $75,000.

From Ato perspective , they treat us as taxis...but
From point to point commission , we are not public transport , we are rideshare only...

 

[westieuber]

im told that the alcohol from a opened bottle can cause a reading during a RBT stop. This in turn has the officer do a further reading then another but at the station for confirmation. The Police hate doing this as they have to find the (sauce, haha) & confirm its not the driver.
This is extra work for them & a waste of time for us when we should be earning $. That is the reason why its not welcome to have open bottles of alcohol. I explain to pax this & they understand (most times).

Totally incorrect, the initial reading from talking into the breathalyser may give a positive result if pax are drinking in the car, but they would then put the straw on which would produce a negative result if you haven't had a drink.

 

[Heisenberg 99.1%]

Correct. That exact scenario happened to me last year. 4 pax been drinking. Talking came up very positive. Blew straw came up zero

 

[Boondog1]

I just spoke with a Police Traffic Sargeant he stated the following;

1) Seatbelts driver/passengers all fined at police discretion.
Even im in a 7 seater hard to micro manage. Sargeant said I need to micromanage

2) Open Alcohol is ok as Uber is a private car not public regukated vehicle. Taxi illegal.

3) Touching phones on console illegal. Though I have a written advise from RMS/Services NSW its ok for touching on holder as a navigational aid.

I got pulled over once police man ( Highway patrol shook his head) no fine...but got a warning

To say laws are grey is an understatement!

https://roadsafety.transport.nsw.gov.au/stayingsafe/mobilephones/know-the-rules.html

 

[Max Arnold]

My rule is no open alcohol in the car full stop.
They can place sealed alcohol in the boot (preferred) or on the floor, but not open it.
If I pull up at the pickup spot and they are drinking RTD's etc. and try to enter the car with them, the ride is cancelled.
I only allow water to be consumed in my new car I got in November.
Do not care if it is X or XL as it is my car my rules.

 

[Krusty]

My rule is no open alcohol in the car full stop.
They can place sealed alcohol in the boot (preferred) or on the floor, but not open it.
If I pull up at the pickup spot and they are drinking RTD's etc. and try to enter the car with them, the ride is cancelled.
I only allow water to be consumed in my new car I got in November.
Do not care if it is X or XL as it is my car my rules.

Uptight ass.hole, I would hate to get picked up by you as a passenger, its my ride, I paid my five bucks and I should be able to sniff glue and swing off the rear vision mirror if I want to.

 

[Boondog1]

Huh?

 

[DA08]

Uptight ass.hole, I would hate to get picked up by you as a passenger, its my ride, I paid my five bucks and I should be able to sniff glue and swing off the rear vision mirror if I want to.

Loooolllll.... You wouldn't get picked up - lol

 

[Max Arnold]

Uptight ass.hole, I would hate to get picked up by you as a passenger, its my ride, I paid my five bucks and I should be able to sniff glue and swing off the rear vision mirror if I want to.

And that is the reason you will never get into my car

 

[Grumpy Old Man]

Isn't it strange that so many so-called professional drivers, driving the public around all day and every day, do not seem to know the sodding basic road rules.

 

[cough]

Isn't it strange that so many so-called professional drivers, driving the public around all day and every day, do not seem to know the sodding basic road rules.

Well someone has to beat the taxi drivers at their own game.

 

[Dhaw]

Uptight ass.hole, I would hate to get picked up by you as a passenger, its my ride, I paid my five bucks and I should be able to sniff glue and swing off the rear vision mirror if I want to.

Oh Krusty..always good for an entertaining opposite POV. :biggrin::biggrin::biggrin: