EMMA ALBERICI, PRESENTER: If you drive a vehicle that's part of the outlaw taxi service UberX, it may be prudent to avoid a tall, red-bearded passenger named Russell Howarth. A former British police officer, Howarth has begun a campaign against the service. State governments in New South Wales, Victoria, Queensland and Western Australia have declared UberX illegal, but that doesn't seem to have put a didn't in the popularity of the so-called ride-sharing service. So that takes us back to that red-bearded activist and his penchant for making citizen arrests. Kerry Brewster spent a few hours with Russell Howarth at Sydney Airport.

KERRY BREWSTER, REPORTER: This is the man taking on UberX.

RUSSELL HOWARTH, ANTI-UBERX ACTIVIST: So my name's Russell Howarth. I made a phone call over the weekend, spoke to somebody and gave you guys a heads up that I was going to be conducting some citizen's arrests inside the airport. So you know the UberX cars that aren't licensed? You know nothing about them? You don't know that they're making illegal pick-ups from the airport just in their private vehicles?

KERRY BREWSTER: A phone app shows several UberX drivers near the airport. Russell Howarth books one.

RUSSELL HOWARTH: I'm very close to the - sort of in between the road that cuts straight through to the pre-booked taxi area, if you know it.

KERRY BREWSTER: But Federal Police arrive first. They want him to leave.

Off camera, the sergeant tells him he could be the one arrested if he persists.

RUSSELL HOWARTH: I'm committing no offence and you've said, "Are you here for a lawful purpose?" I think arresting someone is a lawful purpose and I'm preventing and I'm highlighting the fact that hundreds of people a day are being picked up by uninsured, unregulated drivers in unlicensed vehicles that attract a $110,000 - potentially, $110,000 per offence fine. And all I'm asking is that the police, when I arrest someone, deal with it.

POLICE OFFICER: We've explained to you how to deal with it, OK?

RUSSELL HOWARTH: Yeah, but I can't issue infringements. So - I think it's unreasonable that this poor man who says he's ...

POLICE OFFICER II: Watch out, there's a car coming.

RUSSELL HOWARTH: Yeah, certainly, certainly.

POLICE OFFICER: We've explained to you how to deal with the matter.

RUSSELL HOWARTH: Alright, Sergeant, I understand.

KERRY BREWSTER: What about the UberX driver? Is there someone coming?

RUSSELL HOWARTH: (Speaking into mobile phone) Erm, how far's the driver, Mick? Two minutes away.

KERRY BREWSTER: The car arrives with its unsuspecting driver. In taking a paying passenger, the driver is in breach of the NSW Passenger Transport Act, according to Russell Howarth's lawyer.

STEPHEN MAINSTONE, LAWYER: So when he was driving that car, he was acting illegally. Whilst UberX want to say this service is a ride-sharing service, it's not. It's a public passenger service. It's similar to a hire car service.

KERRY BREWSTER: Russell Howarth directs the UberX driver back to the airport.

RUSSELL HOWARTH: OK. Look, Dean, I've just got to - just come round this way. I've got to tell you something. So, as I explained to you, it is actually illegal, what you're doing.

DEAN: Yeah.

RUSSELL HOWARTH: You're committing an offence because number one, this vehicle isn't actually licensed as a private hire vehicle, OK?

DEAN: Yeah.

RUSSELL HOWARTH: Number two, you're not licensed or accredited as a private hire operator.

DEAN: Yeah.

RUSSELL HOWARTH: They're both offences, OK? I'm actually a member of the public and I'm conducting a citizen's arrest.

DEAN: Yeah.

STEPHEN MAINSTONE: He's exercising a power that every citizen in NSW has. The way he's been acting in my view is totally legal.

RUSSELL HOWARTH: Can you put me through to the sergeant at the domestic airport, please? investigative section, please?

KERRY BREWSTER: My name's Kerry Brewster. I'm with the Lateline program on ABC TV.

DEAN: Yep.

KERRY BREWSTER: Are you OK?

DEAN: Yeah, it's a bit of a shock, you know. It's not pleasant to be arrested. I've never been arrested before. Um, I actually have a funeral to go to that I'm - was running late for, so, yeah, this isn't ideal in any way.

KERRY BREWSTER: So Uber says to you what you're doing is perfectly legal?

DEAN: Well, they haven't said like, "Hey, this is perfect," but they haven't said, "No, it's not illegal."

KERRY BREWSTER: Right, they didn't tell you it was illegal?

DEAN: No.

KERRY BREWSTER: They didn't warn you at all about ...

DEAN: No.

KERRY BREWSTER: ... the regulations you were breaching as a driver?

DEAN: No, they tell you about the insurance. So they've said if, you know, there's - you know, you're insured, but then if - they said they have contingent insurance if your insurance doesn't kick in.

KERRY BREWSTER: Do you think it's fair on drivers who are regulated, the taxi drivers and the hire car drivers?

DEAN: Yeah, well - yeah, it's the same as any business, really. You know, like, my family has a business. I would've loved - if there was a pub down the road that opened up, I would've loved if they said, "No, you can't open that pub, you know." It's just protectionism.

RUSSELL HOWARTH: Ah, that's a great - that's a great point. But let's say your family have a pub ...

DEAN: Yep.

RUSSELL HOWARTH: ... and they're there now. And then someone in their private house says, "This is Uber pub. Come and buy Coronas for $1.50 a bottle and we're open 24 hours a day." Can you see what might be wrong with that?

DEAN: Yes, I can.

RUSSELL HOWARTH: Competition can spring up anywhere, but it should be legal and it should follow the same - it should be a fair level playing field. ...

... I'm just gonna articulate exactly what's happened before in front of your (inaudible). G'day, Sergeant. So my name's Russell Howarth. This gentleman, Dean, I booked through the Uber platform. When he alighted from the vehicle, I placed him under arrest and told him ...

POLICE OFFICER: So you've effected an arrest on the individual?

RUSSELL HOWARTH: I have effected an arrest, correct, yes.

POLICE OFFICER: Then give your details to that officer up there.

RUSSELL HOWARTH: Certainly, thank you. ...

... It definitely is not about humiliating the driver. This is about putting the light on it. The Government should be doing this job. I should not have to be doing this. It is entirely wrong that I should have to do this. Why on Earth the Government has allowed a million trips - and Uber flaunt it. "We have committed a million offences" - that's what they've just said in the media - "A million illegal trips".

KERRY BREWSTER: Don't you feel bad for him?

RUSSELL HOWARTH: (Coughs) Yeah, I do.

KERRY BREWSTER: The taxi drivers at another part of Sydney Airport had little sympathy.

Who in this crowd here is really very opposed to UberX?

(Group of taxi drivers all express opposition to UberX)

TAXI DRIVER: Put your hands up, Put your hands up.

TAXI DRIVER II: Put your hands up, boys.

(Group of taxi drivers all place hands in the air)

TAXI DRIVER III: We have to get police clearance before we can drive a taxi. We have to get a car.

TAXI DRIVER IV: Medical report, training, pay $1,200 to get your licence.

TAXI DRIVER III: All they have to do is get a private car and go on the street.

TAXI DRIVER V: (Inaudible) $1,200.

TAXI DRIVER III: Thank you very much.

TAXI DRIVER IV: Well, I tell you something, boys: if UberX remain, everybody allowed to go and open pub at his house and poker machine at his backyard.

DEAN: I gotta get going.

KERRY BREWSTER: What did the police say to you when they took you away?

DEAN: I'd rather just go. I've got to get to this funeral.

KERRY BREWSTER: Did you get a fine?

DEAN: (Inaudible)

KERRY BREWSTER: Will you have to go to court?

DEAN: It's with the police. I don't know what ...

KERRY BREWSTER: So you're not even sure what the penalty is?

DEAN: No.

KERRY BREWSTER: So you're just upset.

DEAN: Sorry, I've gotta get a - yeah, I've gotta get outta here. My ticket's gonna expire.

KERRY BREWSTER: Later, the Federal Police confirmed the driver was unarrested as no Commonwealth offences were identified.

RUSSELL HOWARTH: I wouldn't say so much disappointed as outraged. Yes, outraged that the police had not taken any action at all.

STEPHEN MAINSTONE: Well I don't believe they should've unarrested the person. I believe they should've either continued to process that person by way of a court attendance notice, of issuing a fine to them or contacting the NSW Police, given that it was a NSW offence and the NSW Police could've then taken action if the Federal Police didn't want to do it.

KERRY BREWSTER: We asked Uber for an interview about its UberX operations, but the company said it wouldn't appear in a report that featured Russell Howarth. He says he's planning more arrests.

RUSSELL HOWARTH: Uber doesn't tell any of their drivers that what they're doing is illegal and I think that that's a - I think that's quite a fantastic proposition, that they're allowed to get away with it.