A New Precedent Determines That CABA’s “Anti-Uber Law” Does Not Prohibit Driving Using the Application Uber (Criminal and Infractions Court, CABA)
On the 8th of May, 2019, in the case “Faccio, Marcelo Raúl sobre 6.1.47- requisitos de los vehículos de transporte de pasajeros”, (CAU 2224/2020-0), No. 28 Criminal and Infractions Court acquitted the driver of the charge of operating without the authorization stipulated in Article 6.1.94 of CABA’s Transportation Code. The Code states that penalties for taxi, remis (private taxi), school, and unauthorized services are explicitly enumerated, whereas the mention of “other services” is vague and fails to clearly define which activities are encompassed by this term. This lack of specificity violates the principles of strict enumeration and legality in sanctioning matters, the prohibition of analogies, and the requirement that laws must be interpreted restrictively.
