The Justice of Buenos Aires has acquitted an Uber driver: he claims that the activity is "between two people" – 11/28/2018

Nearly three weeks after the Buenos Aires legislature approved a law strengthening the sanctions against illegal transportation, the Buenos Aires justice court failed in the opposite direction and acquitted a driver of the company Uber, understand that this is a "contract between individuals".

Despite repeated protests from taxi drivers for the landing of the American company in the city, the holder of the Court No 7 in the Criminal, Violations and Misdemeanors, Javier Buján, ordered to absolve the driver of the offense provided in Article 6.1 .49 of Law 451, which provides for penalties of up to 4,000 fixed units (approximately $ 80,000) for persons providing public service without authorization.

The driver, whose identity was not revealed, was detected when he was working without authorization on 16 July on Córdoba Avenue, 700 km away in the city center.

Among his arguments, the magistrate recalled that the Supreme Court of Justice of the Nation had ratified the legality of Uber, "considered in previous cases as a legal commercial activity", when he had rejected the complaint of the Taxpayers Union in August this case. He added: "The activity consists of a private transport contract unnamed regulated in the Civil and Commercial Code of the nation with related contracts ".

Nevertheless, the decision leaves the door open for State intervene and regulate the activity. "This in no way prevents the state from understanding why it is necessary to regulate its exercise to a certain extent in order to preserve public order and security," Buján said during the meeting. Audience, evoking what the province of Mendoza had recently done.

For the moment, the Union of Taxion Taxis, led by Omar Viviani, has announced that it will appeal the decision, and said in a statement: "The decision is not firm and than contradicts the opinion of all other beliefs and closes arranged in both first and second instance. The Chamber of Offenses and Offenses and the City Court of Buenos Aires have repeatedly declared the illegality of the activity deployed by Uber. Not only were more than 40 drivers convicted, but The company was sentenced as a legal entity and to Mariano Otero, its CEO, for having considered the activity deployed by UBER and all its illegal drivers. "

The Buján resolution goes against what the Porteño legislators argued on November 8, when they approved a law that hardens sentences for Uber drivers.

The sanctioned bill, which amends several articles of the city's Transit Code, stipulates that any unauthorized pbadenger transport will be liable to a fine of 10,000 fixed units (nearly 200,000 pesos). It also includes a deduction of points on the driver's license and the possibility of losing the registration from 7 to 30 days.