The Basque Transport Authority (ATE) has clarified that VTC services like Uber cannot operate «exclusively urban» routes in Donostia. This new protocol stipulates that the Gipuzkoa Provincial Council will be accountable for sanctioning infractions committed within its territory.
This issue had generated significant institutional doubt and discontent among taxi drivers, who allege that the majority of Uber's journeys in the city are urban. In the ATE meeting on Wednesday, chaired by the Minister of Sustainable Mobility, Susana García Chueca, the protocol was approved to define sanctioning competencies for VTC services. Additionally, common bases for the fare integration system were formalized.
The protocol adheres to the principle of territoriality in administrative sanctions: «each Provincial Council shall be responsible for sanctions concerning infractions committed within its territory». Regardless of the administration that issued the authorization, the Provincial Council of the territory where the infraction occurred will initiate and process the sanctioning procedure. The Donostia City Council had already sent the first 60 complaints to the Gipuzkoa Provincial Council in April.
The document acknowledges the specific context of the Basque Country, where road transport competencies have been largely transferred to the provincial level. The protocol emphasizes the need to regulate the supervision and control of services, and mandates that each provincial council will promote a calendar of specific inspections.
VTC authorizations issued by the provincial councils «exclusively enable the transport of passengers between cities» according to current regulations. Therefore, Uber is prohibited from operating routes that start and end within Donostia.
Potential infractions include failing to comply with service limitations, not adhering to pre-booking requirements, not communicating services electronically, or conducting exclusively urban trips.
