China's first case of taxis using taxi software failed to take a roadside passenger dispute over Pudong sentencing

Yesterday, the country's first due to http://www.aliyun.com/zixun/aggregation/2576.html "> Taxis use taxi software did not take a roadside passenger dispute in the case of a public trial in Pudong court. The plaintiff, Yan, said that the defendant, Shanghai Jinjiang Passenger Transport Co., Ltd. was refusing to pay the defendant for breach of contract and 3000 yuan. The first trial of the Pudong court that the driver has to take a taxi software to receive orders, the two sides of the contract has not been established, the plaintiff sued in accordance with the law.

Plaintiff: The driver constitutes a breach of contract

This February 28 16:46, the driver through the "drop a taxi" mobile phone software to rob a single success. According to the instructions of the passenger, at 16:50, he drove to Caobao Road and stopped at the junction of Xi-Qin Road. Yan MoU looking for a taxi, but was told by taxi software to take orders. Talk, call a single passenger arrived and sat on the copilot seat, strict certain immediately get off.

Yan MoU thinks, the race vehicle is in the condition of being transported, it pulls open the door to sit inside the vehicle, and the defendant contract of carriage has already established. The driver uses the taxi software to receive the order by refusing to accept the contract, constitutes the default, should bear the plaintiff to safeguard the interest expense expense and so on. The defendant believed that when the plaintiff got on the bus, the driver informed that the order had been received and the contract was not established.

Court: Subjective no refusing to hire intentionally

The Shanghai Taxi Regulations stipulates that a taxi driver who engages in passenger service shall not refuse to carry a passenger when he or she is hubs or on the road while the vehicle is opened.

In order to prove that the empty sign lamp is in the open state, the plaintiff applies to the court for the relevant period of time Cao Bao Road, Xi Qin road junction surveillance video, since the day the surveillance video has been covered and can not be accessed. But Yan MoU pointed out that the dispute occurred in a short time 2 passengers boarded a taxi. According to common sense and trading habits, it is not possible to do so if the vehicle is in a state of outage or if the empty sign lights are closed.

The Court held that 2 people, including the plaintiff, had to get on the bus and there was no direct and inevitable connection with the sign lights. At the same time, the driver has passed the "drop taxi" to accept other people's orders, and with others to reach a taxi contract. When the plaintiff got on the bus, the driver immediately informed him that he was waiting to be called a passenger. Therefore, there is no deliberate refusal of hire on the subjective.

In summary, the original and the defendant did not establish a contract of carriage. The plaintiff sued for lack of factual and legal basis and did not support it.

Judge comments

Standardize software use and maintain fair market

In charge of the case, the Pudong court Judge Yun Zhijun that the use of taxi software, not only increased the freedom of passengers to take a taxi, but also improve the efficiency of the driver's operation. But taxi software, especially the way to increase taxi, objectively will also cause unfairness, so that the roadside recruit passengers and software users in an unequal market environment. It is recommended that the taxi industry should strictly implement the relevant regulations on the use of Cab software, and at the same time using technical means, will take a taxi software system with empty car signs, vehicle ceiling lamp system synchronization.

The judge pointed out that taxis have certain public properties. In the promotion of taxi software at the same time, it is necessary to consider young passengers, especially the elderly and so will not be able to use the benefits of mobile phone software groups, strict implementation of peak period (daily from 7:30 to 9:30, 16:30 to 18:30) to prohibit taxi drivers to use taxi software regulations, and actively promote the taxi software and taxis electric adjustment platform docking measures to prevent "structural" taxi difficult.