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An Uber driver who says he was handed a fine for operating in Surrey claims bylaw officers apologized as they wrote him a ticket, explaining “the mayor is forcing us” to crack down on ride-hailing.

Sukhjeet Singh Hothi says he headed to Vancouver International Airport Tuesday night to pick up passengers when he got a call for a pickup in Surrey’s Newton neighbourhood for “a lady named Cathy.”

But when he got to Newton, Cathy wasn’t there. Instead, he says four bylaw officers surrounded Hothi’s van and issued a $500 ticket while paying him the fare for the fake trip.

“They said, ‘Sorry, I can’t do nothing, but this is what the mayor said to us, so we have to give it to you,'” Hothi said.

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“They said … ‘the mayor is forcing us to give you guys a ticket, so if you want to go for a dispute or whatever you like.’ But I don’t know what I should do now. It’s $500, I can’t afford it.”

Submitted. Submitted

Hothi says he signed up for Uber because he’s “barely surviving” as a truck driver and needed a second job. While he eventually made $100 from passengers at the airport, he says he couldn’t sleep after coming home.

“I’m really angry right now, because I was thinking they’re going to give me a warning. But they just gave me a straight ticket,” he said.

“I was also really surprised when they paid on a city credit card whatever the fare was, like $17. Is that OK, you know, that taxpayer money [is] paying the fare?”

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2:13 Province’s response to Surrey mayor’s promise to block ride-hailing Province’s response to Surrey mayor’s promise to block ride-hailing

Surrey Mayor Doug McCallum told reporters on Monday that bylaw officers would be issuing $500 fines to ride-hailing drivers picking up in the community. So far Uber is the only ride-hailing company that has decided to operate in Surrey.

The world’s largest ride-hailing company filed for an injunction with the Supreme Court of British Columbia on Tuesday to stop the City of Surrey from issuing what the company calls “illegal tickets.”

Uber says the injunction application is based on the fact Surrey does not have the authority to prevent ride-hailing companies from operating in the municipality.

The suit also contends McCallum has publicly stated the city would not issue a Transportation Network Service business licence. The city currently does not have a licence available for ride-hailing companies.

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1:54 Surrey’s mayor still promising to crack down on ride-hailing operators Surrey’s mayor still promising to crack down on ride-hailing operators

Premier John Horgan on Wednesday echoed the Ministry of Transportation’s statements that municipalities cannot block ride-hailing companies from operating once they have provincial approval, and told McCallum to back down.

The city refused to comment on Hothi’s claims, saying the matter is now before the courts.

Hothi also claims he was never warned by Uber that drivers could be fined for operating in Surrey, and was still able to register as a driver for the company.

A spokesperson for Uber said drivers were told Tuesday that the company has filed an injunction against the City of Surrey.

When asked if ticketed drivers should refuse to pay the fines or forward them to the company, Uber would only say its position is that the tickets are illegal.

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4:07 Lawyer weighs in on battle over ride-hailing in Surrey Lawyer weighs in on battle over ride-hailing in Surrey

Lawyer Dean Davison, who specialized in municipal law, said Hothi and other drivers who are fined for operating in Surrey should dispute the tickets in court.

He added Uber will likely prevail in its legal challenge against the city, which faces an uphill battle in justifying its blockage of ride-hailing.

“I don’t think [Surrey] will be successful,” he said. “I think the province or Uber, through the courts, will make it clear that they have their provincial licence. They’re allowed to do ride-hailing in the cities.

“They’ve had lots of chances to create a business licence, and if you haven’t then it’s your fault, I think.”

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When asked if what method bylaw officers were doing amounted to entrapment, Davison said not quite.

2:03 Surrey threatens to fine ride-hailing drivers found operating in the city Surrey threatens to fine ride-hailing drivers found operating in the city

“If [officers] called [drivers] from Burnaby or New West, you’re asking them to come into an area and saying, ‘Hey, you’re in this area’ — that does seem like entrapment,” he said.

“If you get on the app and [the drivers are] sitting in Surrey, they’re doing something they’re not supposed to be doing.”

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As the conflict plays out in the courts, Hothi is left wondering how he’ll pay his bills if he can’t drive for Uber.

“This is not right,” he said. “Uber is all around the world. Why is the mayor having a problem with Uber in Surrey? If you go anywhere, Disneyland or anywhere, it’s there.”

—With files from Richard Zussman