Guía para la integración de las plataformas digitales en el proceso de prestación del servicio de transporte individual de pasajeros público y privado.

Abstract

Keywords: Digital Platforms - Uber - Cabify - DiDi - Regulation - Taxis - Taxi Application The emergence of digital platforms that allow, through the same application, the interaction between passengers who need to travel and drivers who can make this journey, also defining the collection rate and approximate arrival times represented a disruption to the conventional transport model, and with it the regulatory and governmental challenge to be able to integrate them to the sector. There are many reasons, on the one hand, the directly affected union (the taxis) that see in the platforms a direct competition to their service that, in principle at least, do not have the obligation to comply with all the guidelines, costs and regulations that exist for them and that, consequently, they also consider unfair competition. On the other hand, the position of the companies that own these platforms that insist that they are not transport companies, but simply belong to the line of collaborative economies, since their function only aims to facilitate the service, but this is finally provided by a third, in addition to the fact that for the same reason they do not accept to become direct employers of these operators. Finally, there are consumers who find several advantages and benefits in the provision of this new service and who, consequently, even in the face of the contrariety and de-legitimization of the proposed service, turn to request it, generating a growth in demand and with it, also a supply growth, because it invites more drivers to participate as service providers due to the undeniable opportunity to generate income in a country like Colombia where unemployment and informality present high levels. In Colombia, several attempts have already been made to regulate these platforms without finally being able to reach such regulation; The problem is not alien to other countries in which, in the same way, many still do not find points of agreement and in others, regulations have been made in search of balance between the parties, with different results and consequences. Through the study of the different bills that have been prepared and that have not been able to see the light and the experience of other countries that have been able to regulate the use of these platforms, this monograph provides a guide that can be taken as a reference for a future regulation that contemplates the guidelines presented here in order to achieve agreements that allow society to benefit from the benefits and advantages that undoubtedly represents this digital transformation of the sector without discriminating or undermining the interests of those who for many years have cost the weight of the performance of the same.