SPAD issues ‘gentle reminder’ on legality of Uber-Volkswagen Malaysia Charity Drive campaign

Remember that charity event by Uber and Volkswagen Malaysia on Friday? It involved about 50 local celebrities volunteering to drive Volkswagens on the Uber Kuala Lumpur platform. The celebrity drivers picked a charity of their choice.

All funds collected from these celebrity drives will then be matched by both Uber and Volkswagen Malaysia, on a reciprocal basis depending on the number of trips made, and channeled to the charities. There will be a standard donation of RM20 for all celebrity drives, with a maximum of 30 minutes per trip (from start to finish) and a maximum of three passengers per trip.

The thing is, the legality of Uber’s service has always been in question in Malaysia. The Uber company itself runs a booking app and accepts payments on behalf of companies that operate the Uber cars, and it is the legality of the operators that are in question.

SPAD has said in the past that has no problems with Uber running in this country as long as Malaysian transportation laws are complied with. According to a SPAD spokesperson, vehicles registered under the hire-and-drive category are not allowed to be used for taxi or limousine services, and drivers without a Public Service Vehicle (PSV) driving licence are not allowed to offer such services under the Land Public Transport Act 2010 and Road Transport Act 1987.

From what we understand, the issue with Uber’s fleet currently is not so much the drivers but the cars. The Uber drivers have PSV licenses. But some hire-and-drive cars are being run as Uber cars, which would be in default of the mentioned acts. Our source – a rental car company operator and Uber Partner – tells us that a meeting between Uber and SPAD will happen this month, with hire-and-drive vehicles expected to be allowed to run under the Uber service in the near future.

But the problem with this Uber-Volkswagen Malaysia campaign is that while the intention is nobel, the mechanics do not comply with the laws. This is unless somehow the Volkswagen fleet running that day are all registered as limos, and every celebrity that drove has a PSV license. In addition, if one of the charity drive cars were to somehow get into an accident, there would be issues with claims because the cars were involved in ferrying fare-paying passengers, even though the fare was to be channeled to charities.

SPAD did not really kick up a big fuss over this, but decided to instead issue a ‘gentle reminder’ that all parties in the future are advised to check with SPAD over the legality of the campaign’s mechanics if it involves the use of land transport. A good PR move on their part, but you have to wonder what’s their plan if the rules continue to be flaunted in the future.

You can read the statement below.

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Paul Tan

After dabbling for years in the IT industry, Paul Tan initially began this site as a general blog covering various topics of personal interest. With an increasing number of readers paying rapt attention to the motoring stories, one thing led to another and the rest, as they say, is history.

 

Comments

  • thefact on Dec 14, 2014 at 3:16 pm

    looking at problems uber caused in India. US and also come other countries, i began to wonder how safe is Uber.

    Like or Dislike: Thumb up 21 Thumb down 17
    • Aaron on Dec 14, 2014 at 7:04 pm

      When you say all the proceedings go to charity without light on what charity causes, I call that a total Bullshit. You know UBER is having a hard time kicking off in Malaysia, and VW has its own issues with its customers. This sounds more like an UBER fundraising and a VW stunt NOT a charity, using attention whoring celebrities.

      Like or Dislike: Thumb up 32 Thumb down 12
      • question on Dec 15, 2014 at 1:43 am

        Hi, anyone mind to tell me what is hire-and-drive category?

        Without limitation of the car models like taxi (persona, saga, exora, innova etc), is it possible to register our cars (e.g. City, Almera, fiesta, swift, cerato, Prius etc.) in order to continue working under Uber and also complied with government??

        Like or Dislike: Thumb up 4 Thumb down 0
        • alldisc on Dec 15, 2014 at 6:56 pm

          it is simple.

          hire and drive is companies like Hertz or Budget car rental who let you drive the car on your own instead of chaufered driven.

          at the moment, those interested tto work on your own under the uber flag need to use either the current Myvi (lagi best), latest Vios (catfish) or almera.

          to comply with the govt requirement drivers need to have PSV license and and insurance coverage to passengers in case of the worst to take place.

          the actual fact is though, the authority is reluctant to let some other party show them that u still can make money by using expensive cars as “taxi” so long as the cronies are removed from the scene.

          the cronies we talk here are permit holders. taxi drivers have to work hard to something like rm60 a day to pay the companies, before getting the rest for themselves. which means… is u earn rm70, upay rm60 to the towkay and keep rm10 for youself/family. total a month = rm300.

          Like or Dislike: Thumb up 4 Thumb down 4
  • spongewai on Dec 14, 2014 at 3:31 pm

    i want to be an Uber driver

    Like or Dislike: Thumb up 10 Thumb down 7
  • Euro X on Dec 14, 2014 at 3:36 pm

    VW is dead… now publicity stunt…

    Like or Dislike: Thumb up 33 Thumb down 9
  • Bad move… VGM should had checked all the legal compliance before initiating such campaign, otherwise its just another can of worm waiting to be opened and attached by social media..

    Desperation in clearing their name might do more harm instead..

    Like or Dislike: Thumb up 28 Thumb down 2
    • Benck (Member) on Dec 14, 2014 at 9:38 pm

      I picture this,Uber know VGM is backup by ‘orang berkuasa’ behind. So partner with VGM and do some big campaign terang-terang which touching the grey area of the law wouldn’t get fined by any party. Kami kawan-kawan mah,double standard,xsalah pun.

      Like or Dislike: Thumb up 5 Thumb down 6
  • Not anti uber on Dec 14, 2014 at 4:35 pm

    So it’s for charity. What does the law say? Follow the law!

    Like or Dislike: Thumb up 10 Thumb down 2
    • Unfair Laws on Dec 15, 2014 at 10:41 am

      This is always the assumption that the law is “fair”. Laws are man-made and always changed.

      Especially in this country where for the past few decades certain parties have more than 2/3 majority and no opposition to check-and-balance and debate them in Parliament.

      Some of the laws are outdated, some of the laws are changed to protect those in power, or to help certain people make more money.

      What is the intention of the law? To make things difficult to innovate? To keep things slow-moving so that have to pay bribes to move faster?

      You bring in car without AP, you are “breaking the law”. This law is to protect those who get AP to sell, for doing nothing.

      Like or Dislike: Thumb up 7 Thumb down 10
      • Black Dog on Dec 15, 2014 at 12:03 pm

        Fully agree with you bro.

        What is law when our taxis are ripping us everyday for the past decades while the authorities said they can’t catch them?

        What is law when you can bribe your way from the ordinary police to the top civil servant?

        What is law when our Govt and their cronies are sucking billions from us?

        Yes, law is man-made. If you don’t enforce the law and protect the innocent from the bullies, laws are just fucking excuses!

        Like or Dislike: Thumb up 7 Thumb down 6
  • bosan on Dec 14, 2014 at 5:07 pm

    Was rooting for Uber before until they started fear mongering. To see the safety issues they face now in other countries feels like karma. Support local economies – use myteksi.

    Like or Dislike: Thumb up 19 Thumb down 9
    • Ripcord on Dec 15, 2014 at 7:16 am

      Completely agree with you. Myteksi just raised 860 million ringgit from overseas investors. They are a legit business. No need cat and mouse game with the authorities. No need to put customers in unnecessary risk.

      Like or Dislike: Thumb up 8 Thumb down 5
      • What unnecessary risk? Don’t put up bogeymen.

        I love uber, safe and newer cars, great drivers. Better chance than old car driven by crazy driver who is desperate to make enough money to rent the car from the permit holders.

        Like or Dislike: Thumb up 6 Thumb down 6
      • dugongx on Dec 15, 2014 at 4:23 pm

        myteksi sux like shit. Have you tried using it before? Those thugs are asking for premium limo surcharges before they are willing to pick up a customer

        Like or Dislike: Thumb up 4 Thumb down 1
  • TheEnforcement on Dec 14, 2014 at 5:42 pm

    When a UBER under an agency microscope, every action taken will be scrutinized (for charity work) or obstruction often refer as harassment.

    Thanks to UBER and VW doing it’s CSR (Corporate Social Responsibility) this charity drives help needy people and build public confidence for UBER and VW.

    I had not read any article in this PT blog of P1 done any of CSR..how about a story on this.?

    Like or Dislike: Thumb up 6 Thumb down 29
    • kzm (Member) on Dec 14, 2014 at 9:32 pm

      u dont read those article or u dont know bout those activities..CSR not all bout charity u know.. giving free safety check oso consider CSR. some company give CSR in the form environment conservation.

      Like or Dislike: Thumb up 10 Thumb down 1
    • Policeman on Dec 14, 2014 at 10:57 pm

      P1 doing any CSR? Forget it! CSR is not part of P1’s culture, milking money is

      Like or Dislike: Thumb up 4 Thumb down 15
      • BLT_Club on Dec 15, 2014 at 12:34 pm

        The best CSR or Public/Proton Social Responsibility for Proton is to close shop. Sayonara, Bye-Bye, Bole Blah…

        Like or Dislike: Thumb up 4 Thumb down 11
    • drMpowe on Dec 14, 2014 at 11:48 pm

      I failed to see whats the relation of csr of any car makers, with this soft reminder for a company that was asked to comply with the basic rules of the very business they are doing

      The fact that matters is comply with the rules. How hard that can be

      Like or Dislike: Thumb up 7 Thumb down 0
      • What is the purpose of the rule? Who made the rule? To protect us, or to protect the current taxi monopoly? Which cars are safer?

        Like or Dislike: Thumb up 1 Thumb down 4
  • Work For People on Dec 14, 2014 at 7:15 pm

    BN gov. always interfere a good deed from private companies. Sooner gov. might as well compound to gain more money. Not enough from Tax and GST is it?

    Like or Dislike: Thumb up 9 Thumb down 49
    • People For Work on Dec 14, 2014 at 9:02 pm

      It is time that opposition MP get together to abolish Land Public Transport Act, 2010 so that Uber can operate freely in the country… and maybe also law that abolish JPJ so we can freely use any plate no and any design we like, we can practice our right to use any tint we want… lorry driver get back the freedom to use any road at anytime and carry any load they want to… this is about our right to freedom as a citizen.

      Like or Dislike: Thumb up 37 Thumb down 15
    • kzm (Member) on Dec 14, 2014 at 9:34 pm

      ur thinking is shallow..

      Like or Dislike: Thumb up 13 Thumb down 3
    • martinlongbow on Dec 14, 2014 at 10:46 pm

      This is the beauty of malaysian people…any forum..be it cars/food/fashion related…all want to related to politics comments…always bickering like a child…grow up la..!!

      Like or Dislike: Thumb up 13 Thumb down 0
    • Ripcord on Dec 15, 2014 at 7:20 am

      How about a few charitable bodies go open hawker stalls in the middle of Jalan Tun Razak on a busy Monday afternoon, all in the name of charity? No permit, nothing.

      You can’t do charity at your whim and fancy. You may criticize the enforcement part all you want, but law is for everyone to follow.

      Like or Dislike: Thumb up 18 Thumb down 1
      • That one of course will block traffic. This charity drive got block that much traffic?

        There is one law for the powerful, the other law for the rest of us.

        Like or Dislike: Thumb up 2 Thumb down 3
        • Battu on Dec 15, 2014 at 11:35 am

          well this charity move can end up in more problems, such as accidents because of untrained driver, the possibility of the celebrities getting mugged, robbed, etc, and many more. Law is law, u dont go charity by breaking the law.

          Like or Dislike: Thumb up 7 Thumb down 1
  • weeee on Dec 14, 2014 at 9:33 pm

    https://pbs.twimg.com/media/B40cjEUCMAAIJW1.png

    one of the few reasons why I prefer UBER and not taxis in KL

    Like or Dislike: Thumb up 2 Thumb down 6
  • My Name is Forrest, Forrest Gump on Dec 14, 2014 at 10:39 pm

    Just a question to Uber, what if a sex maniac become your driver?

    Like or Dislike: Thumb up 7 Thumb down 2
    • Question to any company, what if any sex maniac become an employee?

      You mean current SPAD can prevent sex maniac from becoming drivers?

      Like or Dislike: Thumb up 3 Thumb down 2
    • FranklyBashCar on Dec 16, 2014 at 2:20 pm

      what a stupid bloody comment. thats applicable and more often than not synonymous with regular teksi. how many women need to get raped before they realise Uber is a better/safer option. If it happens with Uber, you know exactly who it is, and where they are. Unlike regular cabs where your “sex maniacs” are still driving around freely.

      Like or Dislike: Thumb up 0 Thumb down 0
  • Semi-Value (Member) on Dec 14, 2014 at 11:07 pm

    celebrities? what celebrities

    Like or Dislike: Thumb up 10 Thumb down 1
  • jkgh987dgj on Dec 15, 2014 at 8:32 am

    Nobody has addressed the most important question of all: Who’s the babe?

    Like or Dislike: Thumb up 8 Thumb down 5
  • Sam Loois on Dec 15, 2014 at 9:12 am

    Uber drivers overseas are causing problems (raping etc) as per what I read on the media. Started to get sick of this Uber thing which is now trying hard to run in Malaysia.

    Like or Dislike: Thumb up 8 Thumb down 3
    • Phillip on Dec 15, 2014 at 10:48 am

      You are sick of it, some of us are not. You can choose not to take Uber if you don’t like their drivers. But if we WANT to take Uber, why are you going out of your way to stop us?

      Like or Dislike: Thumb up 4 Thumb down 5
    • dugongx on Dec 15, 2014 at 4:19 pm

      You sound like a crony. Did uber point a gun on your head and force you to use its services? As far as i am concerned the more competition the better for us consumers. Now get back to work and stop depending on free handouts all the time.

      Like or Dislike: Thumb up 1 Thumb down 3
  • I told you so in the last post on this.

    Like or Dislike: Thumb up 1 Thumb down 1
  • sad clown on Dec 15, 2014 at 10:19 am

    Celebrities? Haha some names in the list are a serious joke. Like some one said above. An ailing VGM and attention whoring celebrities is a recipe for failure.

    Like or Dislike: Thumb up 6 Thumb down 1
  • carazy on Dec 15, 2014 at 10:29 am

    Just follow the rules laa, why always break the law, U stay in Malaysia obey the laws of Malaysia, U go Indon obey Indonesian law. Bikin susah la ini org. Ingat ini bapak lu punya negara ka?

    Like or Dislike: Thumb up 6 Thumb down 2
  • it’s funny that SPAD are being so effecient over this while leaving out more pressing issues such as foreign expats(and many locals) gettin criminally extorted and bullied by taxi drivers. Buses that have drivers who pick and chose went to leave without following the schedule. the list goes on and on.

    They are so ‘effecient’ here because of the tremendous pressure by cronies who own those taxi companies. If they only showed they are as effecient in their day to day operations, taking the taxi or bus wont be so daunting or scary as it currently is.

    Like or Dislike: Thumb up 4 Thumb down 2
    • Sammy on Dec 15, 2014 at 12:01 pm

      Ya, I can’t recall when was the last “gentle reminder” that SPAD issue to those taxi outside KLCC that charges RM40 to go concord hotel.

      Like or Dislike: Thumb up 5 Thumb down 0
  • Lohax on Dec 15, 2014 at 5:23 pm

    Atrocious English…

    Like or Dislike: Thumb up 0 Thumb down 0
 

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