The Secretary for Security Office has deemed that substitute driver services should not be seen as illegal car hiring.
Earlier, lawmaker Ella Lei questioned the legality of this service in an inquiry, and whether insurance companies would cover relevant liabilities should accidents happen.
In the case of substitute driver services, drivers are temporarily hired to drive service seekers’ cars to designated destinations. This service is normally most popular after late-hour drinking.
Debates have long existed regarding the legality of the service, as Uber in Macau was heavily curtailed by the Secretary for Security, who deemed it illegal.
In relation to its legality, insurance companies are obligated to cover any damage or liability should a car driven by a substitute driver face an accident. The office’s explanation is that pursuant to Decree-Law No 57/94/M amended by Executive Regulations No 8/2011, substitute driver service is not within the scenarios for “excluded liabilities.”
On the other hand, the Monetary Authority of Macao (AMCM) pointed out that another type of insurance – substitute driver service liability insurance – mainly covers the damages or liabilities caused to third-party individuals during substitute driver service. Buyers of such insurance plans are usually substitute driver service providers.
The AMCM added that, in nearby regions, the specific type of insurance policies is non-mandatory. In addition, due to the special nature of the policy, terms and conditions are normally different from those in normal third-party policies.
In regard to regulating the service, the Office reiterated that it had studied similar regulations in nearby places. In mainland China, for example, guidelines are issued by associations for people to adopt.
In Japan, stricter rules were adopted in 2002. The law requires that only legal persons or individual persons with complete civil action abilities and without a criminal record can provide substitute driver services. Drivers must possess a driver’s license eligible for public transport.
The Transport Bureau (DSAT) added that it has been advising people to use public roads safely and responsibly. It also suggested that local associations do more to help promote this mentality.
