Uber investigator uses app for personal trips, court told

A Victorian taxi investigator has admitted to being an Uber customer, despite his role in an undercover sting targeting the ride-share app’s illegal drivers.

The officer, working for the industry regulator, was quizzed by a defence lawyer on Tuesday in a landmark test case that returned before the Melbourne Magistrates’ Court.

Well-known music identity Nathan Brenner is one of 11 UberX drivers charged with operating an unaccredited vehicle after an investigation last year.

David Morris was one of two investigators who took a ride in Mr Brenner’s car after finding him on the Uber app. In court, defence barrister Peter Haag asked the officer if he had ever taken a personal trip with Uber, to which he admitted he had.

Despite Mr Morris’ claims that the trips were partly for work purposes, he admitted he had not sought reimbursement from the Taxi Services Commission, or filed a report. He later admitted to using Uber twice in Australia and said his account was still active.

The prosecutor representing the TSC Morgan McLay unsuccessfully tried to stop Mr Morris answering the questions, saying the investigator’s “personal sphere” had nothing to do with the case.

The defence also told the court the officers falsely represented themselves, with an audio recording of the sting showing both investigators introducing themselves as “authorised officers”. But the court heard both men are taxi compliance officers, which hold fewer powers.

Quizzed on this, the investigator blamed it on a “force of habit”, saying he had been an authorised officer for two years — a position he was stripped off a month-and-a-half before the incident.

But Mr Haag questioned how both officers could get it wrong. “Is that a mere coincidence?”

Magistrate  Julian Ayres adjourned proceedings early so the officer’s badge could be examined tomorrow before his testimony continued.

City Journal has put allegations regarding the two officers to the Taxi Services Commission, but the agency refused to comment while the matter was before the courts.

A spokesman said he was only willing to take questions over email.

The case took an unexpected turn last week, with Mr Brenner served with three extra charges inside the courtroom, dramatically increasing his initial fine of $7500, if found guilty. But one of those charges was struck out today by the magistrate on the grounds it duplicated another charge. Mr Brenner now faces three charges relating to operating a commercial passenger vehicle without accreditation.

The taxi industry is trying to run Uber off the road
| Photo: Savio Sebastian/Flickr

Test case could bring down Uber in Victoria

The central issue in the case is Uber’s refusal to obtain accreditation for its drivers’ vehicles. Drivers must also hold a licence to operate a commercial passenger vehicle.

Mr Brenner has been used as the lead test case, with the cases of the other UberX drivers adjourned until Friday.

It’s likely the judgement will be used as precedent in the other matters,  in a move that could spell the end of the company’s operations in the state.

Playing field must be levelled: taxi industry

Graeme Samuel, chair of the Taxi Services Commission, has previously backed Uber, arguing the service is popular with the public. But the commission wants Uber drivers to be accredited, levelling the playing field with traditional cabs.

Industry representatives have denied claims they fear extra competition.

“The Victorian taxi industry is not asking for protection, it is asking for the law to be applied evenly,” the Victorian Taxi Association wrote on its website earlier this year.

“We are asking for a level playing field on which we can compete.”