As it was reported previously in TYT, the Supreme Court of Justice of the Nation (SCJN) discussed the unconstitutionality of the legal resource used by local counselors of the National Action Party (PAN) and MORENA Party, against the reform of the Transportation Law approved by the Yucatan Congress, which regulates private transport activity through companies such as UBER, which highly difficult to work with the platform, reduces the liberty of people on to make decisions on how to transport and how to pay for it, as well as the right to work of thousands of citizens.
After 3 discussion sessions, the following conclusions were reached:
- Enterprises that operate trough online platforms must be treated and regulated differently from conventional taxi service, as they are part of a new business system model: collaborative economy.
- The local congresses are only entitled to regulate in matter of transport.
- By majority vote of 5 to 4, the Court decided to declare the unconstitutionality of the rule in the subject that establishes the prohibition to collect / pay in cash, as well as the requirements demanded for the conducting partners. Nevertheless, this initiative did not reach the number of votes required by the Law (8 votes) so the general declaration of unconstitutionality was made.
The decision taken by the Court (in an 8-to-1 vote to differentiate the activity of registered drivers from UBER against the activity of other existing services (Taxi) represents a great achievement since it will set the tone for future regulations.
The reform approved by the Yucatan Congress, limits thousands of citizens to have a safe, reliable and efficient transportation option. Above all, it affects those who do not have access to banking services, forcing them to use conventional means of public transportation.
Although the resolution of the SCJN did not reach the necessary number of votes to proceed with the general declaration of unconstitutionality, it undoubtedly represents an important precedent, since the country’s highest court issued a criterion that will surely guide future decisions of the Courts in defense of the constitutional rights of users and drivers alike.
On the other hand, many citizens feel that the Supreme Court’s decision allows the Yucatán regulation to continue to favor and protect public transportation monopolies instead of looking after the people’s interest.
New business models require a legal framework that supports the general interest and allows access to technology to as many people as possible. It will again be the turn of the authorities of the State of Yucatan to open the discussion for an inclusive regulation, and it’s the people of Yucatan turn to demand their rights for a better quality of life through the use of technology, either for transportation or to have an extra income.
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