I never claimed they could operate as Taxi, but in the way they planned to operated.
And a Personenbeförderungsschein is the only thing you need for that.
In some cities even the only differences between a hired service like Uber or a Taxi is that Uber may NOT use Taxi-only spaces, and may only pick up people who have arranged the journey before pickup.
Also, to say, if the city allowed chauffeurs before Uber arrived, and decides that Uber should be regulated as a taxi, they must force those existing businesses to register as well, or create special onerous laws to make a distinction.
Firstly, the drivers should get a license to drive people around for profit (Personenbeförderungsschein). Every chauffeur has that.
Secondly, under current regulations unless you are a taxi you need to return to a designated premise after every trip. Every chauffeur needs to do that as well.
There is already a meaningful distinction in the law. The second restriction might be a bit harsh, but often Uber isn't even abiding by the first which is a pretty basic requirement.
Well, the second regulation would definitely disallow things like Uber. The first regulation is quite reasonable, but I don't see why it is Uber's responsibility to ensure compliance when all of its drivers are independent contractors. At some point, if people lie about their insurance status, they should be found out and punished.
And a Personenbeförderungsschein is the only thing you need for that.
In some cities even the only differences between a hired service like Uber or a Taxi is that Uber may NOT use Taxi-only spaces, and may only pick up people who have arranged the journey before pickup.
Which is exactly what uber wants.