Is rideshare Uber

Your question

In the course of the Uber reporting, the SZ received questions about the difference between Uber and other driving services.

It has little to do with competition that Uber needs passenger transport driver's licenses, but the carpooling service does not. Why is that?

Our answer

By Jan Willmroth, employee in the SZ business editorial team

Anyone who transports passengers for money in Germany must comply with the provisions of the Passenger Transport Act, or PBefG for short. The law concerns the "paid or business-like transport of people by trams, trolleybuses (trolleybuses) and motor vehicles". Basically, every driver who demands money from his passengers needs a passenger transport ticket. This is also regulated in the law.

However, the legislator has built a loophole directly in the first paragraph - and this is exactly what makes the business of the ride-sharing platforms that have long been available on the Internet possible: If the fee does not exceed the operating costs of a trip, the law can simply be ignored. In its general terms and conditions, the website mitfahrgelportun.de therefore prohibits the offer and booking of journeys for which the PBefG applies. The combined money of all passengers must therefore not exceed the cost of fuel, oil and tire wear. Fixed costs such as vehicle tax or insurance premiums do not count as operating costs.

It's different with UberPOP: Here the German courts assume commercial passenger transport. The judges at the Frankfurt Regional Court, who banned Uber from operating its app in Germany a week ago by means of an interim injunction, considered it to be proven, according to the judgment, that Uber brokered trips for people who did not have a passenger ticket and for whom the fee covered the operating costs the rides exceeded. Uber is only an intermediary platform, but earns money on the trips and therefore takes part in the violations.

Now Uber is filing an objection to the Frankfurt ruling - the US company still has the chance that the injunction will be collected again. In any case, Uber is not deterred by bans and just keeps going

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