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ライドシェア規制緩和、理想からほど遠く         気ままなリライト131

As sentiment is growing in favor of legalizing ride-sharing services in Japan, the regulatory framework scheduled to take effect in April is poised to put a stumbling block on the path to liberalization. Rather than enabling a competitive and open market by setting apart the regulatory requirements for ride-sharing from those of traditional taxi services, the upcoming framework is offering only a half-hearted nod towards deregulation. This ineffective approach is more likely to fall short, particularly as the potential wealth of the ride-sharing market is being magnetized by illegal operators flying under the radar. The heavily water-down form of deregulation is likely to do little to incentivize a dramatic uptick in the number of drivers as independent contractors willing to join the ride-sharing sector, despite the attractive prospect of flexible working conditions that are highly valued by gig economy workers.

The protective stance favoring taxi companies over the liberalization of ride-sharing has remained unchanged. Japan's progress in legalizing ride-sharing has been dramatically slower compared with the global pace, a delay largely attributed to strong resistance from the taxi industry. The forthcoming regulatory blueprint is highlighting a cautious approach towards ride-sharing legalization, stipulating that ride-share drivers must be directly employed by taxi companies. Furthermore, the management and operation of those ride-sharing services are to be overseen exclusively by those taxi firms. This regulatory framework is starkly contrasting with the models adopted by prominent services like Uber and DiDi in the United States and China, where drivers typically enjoy the status of independent contractors. Such regulatory measures in Japan are likely to effectively restrict market entry to entities outside the traditional taxi industry, posing a considerable barrier to the broader liberalization and growth of ride-sharing services.

Among the 38 OECD countries, 25 have adopted a flexible approach to regulating ride-sharing. Within this group, approximately ten countries, including the United States, China, and Australia, are classifying digital platform-based ride-sharing services as Transportation Network Companies (TNCs). Those services are offering an alternative to the conventional taxis or chauffeur services. TNCs are driving the creation of innovative regulatory frameworks designed to support a business model that leverages digital platforms like Uber and DiDi, to connect passengers with drivers. Those drivers are utilizing their personal, non-commercial vehicles to provide rides. TNC drivers must adhere to the safety and vehicle standards mandated only by their respective companies. Unlike traditional taxi or chauffeur services, TNC drivers are not typically required to secure a specific taxi or chauffeur license. Many of them are operating as independent contractors or "gig workers," accepting jobs on a freelance basis.

The contrast between the global rise of TNC-type ride-sharing services and Japan's more stringent approach has paved the way for "white taxi" services to maneuver covertly. Those services, though illegal in Japan, have gained traction among international tourists. The allure of those services lies in their convenience and affordability, especially in areas where official taxi services are limited. Those international tourists, often ready to accept the risks associated with their choices, are drawn to such alternatives. The widespread adoption of ride-hailing apps, which allow tourists to easily book a ride with just a few taps on their smartphone, tends to blur the lines between licensed and unlicensed taxi services in Japan. This obscurity has stealthily opened doors for white taxi service operators to embed themselves into globally recognized booking platforms like Booking.com, extending their reach to worldwide audience without the need for official authorization.

A whiskered pursuit of the elusive white taxis has been unfolding, an endless ballet of hunter and hunted, against the backdrop of law enforcement's vigilant mission. Their crackdown on unlicensed ride-sharing operators have been driven by deep concerns over passenger safety, insurance adequacy, and fare uniformity, all compromised by the absence of legal licenses, thorough vehicle inspections, and comprehensive driver vetting. In 2023, a nationwide campaign targeting those regulatory violations led to 33 cases being identified, marking a significant increase, nearly double, from the figures reported in 2022.

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