According to the Community of Madrid, Comuto Iberia (Blablacar) is profiting -even if little – by offering transportation services without having a license for it, nor fulfill the Law of Ordination of the Land Transport (LOTT), and in particular articles 140.2 and 141.7. What the law says?
shall Be deemed very serious offences:
2. The contract as the carrier or the billing in his own name of transportation services without being previously the holder of authorisation transport operator or transport.
In any case, it will incur this violation who, even being members of a legal person holder of a permit to transport or a transport operator, contracted or invoiced in its own name the provision of transportation services to third parties or to the legal person of which they form part, without that they are themselves, in turn, holders of such authorization.
7. The supply of transportation services without having the permits and licenses required to carry them or to mediate in their procurement, whether done individually to a single recipient, or becomes public knowledge through any means.
According to Blablacar, do not provide transportation services and should not submit to that law. Blablacar does is to connect passengers with drivers, and by the mediation charges a commission of up to 20% per seat, VAT apart, to finance their activity. The Community of Madrid do not think in the same terms.
By “to facilitate on behalf of itself services of public passenger transport without being previously holder of an authorisation” Blablacar has received two penalties of up to € 4,000, and another 800 euros by “to offer public transport services of passengers without having the title enabling”. Both penalties totaling to 8,800 euros.
on the other hand, two drivers have been sentenced to pay € 4,000 -each – collect more than 19 cents per kilometre. Dividing the trip between three passengers to Valencia from Madrid -one of the routes most used social network – we’re talking more than 21 euros per passenger. The price recommended by the application for that course is 21 euros, but in practice the majority of drivers tend to charge less.
For a trip Madrid-Valencia the recommended price of 21 euros
According to Blablacar, the application recommends 14 cents per kilometre, the accounts I do not go out. 358 km for 0,14 €/km and divided by three passengers, giving a result of 16,70 euros per head. Again, the application recommends 21 euros per trip, as can be seen in the screenshot.
The Community of Madrid and Blablacar are like two deaf people are talking about
According To The Journal.it is the drivers were “caught” by inspectors of transport that were in Atocha, from where the majority of trips from Madrid. The activity happens to be illegal and punishable when incurred in profit. The law allows you to cover expenses, but no profit, because that would be a transport activity.
The law speaks exactly of “close friends” and “acquaintances,” so that technically speaking you can’t bring a stranger in exchange of any amount, although they only cover part of the cost of the car. Does not take into account the expenses that you have to pay to make the trip or not. However, the law does not apply in the strict sense of the word.
Teknautas published that Blablacar will go to the European Union, because after years of activity, the only penalty comes from Spain, and no driver had been sanctioned previously. Blablacar understand that the CAM is being an obstacle before the “free provision of services” or the “freedom of establishment of companies”.
on the other hand, Confebús started a fight in court against Blablacar months ago, still no resolution. What the sector of the bus do not understand -or be understood-ever – is that users of Blablacar are totally disenchanted with your service, and only resort to it again in case of extreme need.
To the end of the day, Blablacar has on some routes a lot more availability of places, timetable much more flexible, it is possible to go door-to-door (if the driver agrees to do so), the treatment is fully customized, is reached before… It’s a losing battle, even if the courts end up giving them the reason, which is -roughly speaking – very difficult.