A MELBOURNE Uber driver has won an appeal against a $900 fine for operating without accreditation, effectively legalising the service in Victoria.

Nathan Brenner, 54, was found guilty of driving a hire car without a licence by a Melbourne magistrate in December.

The former manager of legendary rock groups Split Enz and Men at Work was one of 12 Uber drivers charged by the Victorian Taxi Service Commission (TSC) with operating a commercial passenger vehicle without accreditation.

Mr Brenner’s Uber prosecution was a test case for Victoria, setting a precedent and effectively deeming the ride-sharing service illegal — but now the decision has been reversed.

Matt Denman, General Manager at Uber Victoria, said in a statement: “We are delighted that our driver-partner Mr Brenner won his appeal today in the the County Court of Victoria, and was awarded costs.

“The time for excuses is over. The Andrews Government needs to listen to the hundreds of thousands of Victorians who are choosing ridesharing every week and introduce sensible, safety-based regulations without delay.”

Almost a year ago, Uber participated in the Ministerial forum, which provided Victorian Premier Daniel Andrew with recommendations on how sensible safety based regulations could be implemented, but this has not yet happened.

Victorian Public Transport Minister Jacinta Allan said in a statement: “This decision has only just been handed down, and we need time to consider the Court’s findings.

“It highlights the complexity of this issue, which we continue to give the detailed consideration it needs in the interest of Victorian passengers.”

Uber was legalised in NSW and the ACT last year and the service is due to be legalised in Western Australia and South Australia. Tasmania passed a bill last month bringing it a step closer to legalising Uber, but the Northern Territory said it would not open the door to the ride-sharing service until it had seen how other states and territories handled the matter.

In NSW, Transport Minister Andrew Constance hailed the move, saying: “People will have more choice, they will have better services, and better value when it comes to the point-to-point market. Overall you will see downward pressure on fares.”

Taxi drivers, who were bitterly opposed to the move, were told they would receive compensation in the form of a cash payment to taxi plate holders and taxis would retain the exclusive right to pick up passengers from ranks and the street.. A further industry compensation fund of up to $142 million was announced to pay licensees who are facing “hardship” as a result of the changes.

Uber drivers will pay a ­registration fee of $45 and be subject to criminal and safety checks and both taxi and Uber drivers will also have to pay the government a $1 levy per trip for a maximum of five years to fund the compensation package.

‘WAKE-UP CALL TO THE TAXI INDUSTRY’

Mr Brenner was an accredited commercial driver with a non-commercial vehicle at the time he was fined in December, after he was caught in an undercover operation.

He refused to sign a good behaviour undertaking for 12 months on one of the charges, but declined to comment on whether this was due to an objection to the ruling.

Mr Brenner’s lawyer Peter Haag argued that the Productivity Commission had called for greater deregulation in the taxi industry, other jurisdictions were allowing Uber and the service had been “embraced” by the Victorian community.

“There is no doubt that Uber is responsible in delivering a powerful wakeup call to the taxi industry,” Mr Haag said.

“It is clear, your honour, there is a disconnect between the Uber service and its uptake in this community and government regulation.”

Opposition Leader Matthew Guy said in December that the court decision was “more evidence that Daniel Andrews is asleep at the wheel”.

“Daniel Andrews has now had a year to provide certainty and stability to tens of thousands of Victorians who work in the taxi and ride sharing industry,” he said. “His government has been all talk and no action.

“New services in the peer economy like Uber, Freelancer and Airbnb are a part of our economic future. The state of Victoria can’t stop disruptive technological progress.”

Mr Guy said the Coalition “supports the tandem operation of both the taxi industry and Uber.”

Mr Brenner is the first Uber driver to be brought before a Victorian court.

The TSC, the taxi industry watchdog, had already been fining drivers $1700 but Uber had been paying the fines.