[kictanet] Day 1 Discussions: Digital Hailing Services Regulations

[John Kieti]

Hello,

>From the apparent justifications for the regulations, I think some issues
are being conflated, unfortunately. I am thinking at least 3 issues exist
and could be dealt with separately.

1. *Accidents and crime *- Might it help to broaden the regulations to
cover normal offline taxis. If anything digital taxi-hailing provides
increased possibility for passenger safety than normal taxis. It seems
pointless to provide a fix for what is not really broken.
2.* Owners / Drivers / Operator feuding on commercials* -  These ideally
should be maintained as commercial leasing agreements (drivers with owners)
and marketing service agreements (Drivers with operators). The
employer-employee narrative misses the point on the platform economy where
actors should be considered autonomous and responsive to the market forces.
3. *Tax evasion and revenue collection - *This seems to be the main thrust
of the regulations. To check on tax evasion by operators - Uber, Bolt, etc
is welcome and timely. Legal technicalities on tax avoidance will remain.
To squeeze out more taxes and fees from drivers and vehicle owners is fair
- not sure about timely - If it were me, I would let the gig economy grow
roots first, for a couple more years.

Kind regards

On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

>
> Good morning listers,
>
> Today we will talk about Digital Hailing Services Regulations and the
> licensing of the Service Operators under part 1 of the regulations.
>
> Looking at the document, it seems like the NTSA is trying to regulate the
> industry following the recent incidents that have come up: eg accidents,
> assisted crimes and digital taxi drivers woes. These regulations will
> require any digital hailing services; Uber, Bolt, and Swivl, to register in
> Kenya and operate under the Kenyan laws. They will also obtain operating
> licences from the NTSA.
>
> We would like to hear your views on this:
>
> a. Are the regulations necessary?
> b. Is NTSA the right/best body to regulate Digital Hailing Transport
> Services?
> c. What are the likely impacts in the transport industry, Information
> Society Sector and gig economy? etc
> d. Should multinationals be subjected to different licensing requirements?
>
> Here are some resources to guide our discussions.
> 1. Bolt, uber among taxi apps ordered to get licences or get off road.
> https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered-to-get-licences-or-get-off-road/
> 2. Can California reign tech-gig platforms? A primer on the bold state law
> that will try.
> https://www.washingtonpost.com/business/2020/01/14/can-california-reign-techs-gig-platforms-primer-bold-state-law-that-will-try/
>
> Over to you listers.
>
> --
>
> Best regards.
> Liz.
>
> PGP ID: 0x1F3488BF
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-- 

John Kieti
Phone: +254-735-764242 // +254-722-764242
Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype:  jkieti
Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn:
https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>

The ordinary just won't do
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