□ 本报记者 周宵鹏
网约车司机持续偏离路线，与其交涉无果并报警后，河北省容城县的魏女士选择跳车。从网约车偏航开始，以女乘客跳车为终，此次魏女士的遭遇与此前发生的多起“跳车”事件相类似。
实际生活中，网约车司机不按导航路线行驶的情况时有发生，如果司机事先未与乘客进行有效沟通，随意偏航极易造成乘客恐慌，引发“跳车”等事件的发生。
《法治日报》记者调查发现，要让偏航的网约车回归“正轨”，不仅需要建立良好有序的司乘关系，加强专业沟通等文明自觉，更需要网约车平台不断完善优化管理流程和规则指引，持续开展对司机的相关培训，从制度角度和技术角度给网约车行驶路线立下规矩。
司机持续偏航乘客跳车自救
“晚上，路上没人，多次质疑没有回应，一键报警了都不停车，换成是我，我也跳！”魏女士遭遇网约车偏航一事被爆出后，一位网友如是留言。
2021年12月4日晚8时许，魏女士从火车站出来，使用滴滴出行打到一辆网约车，返回位于容城县城的住所。因为魏女士选择拼车单，司机在送同车一位男乘客到达目的地后，继续送她。但在男乘客下车后，司机却并没有按照导航向魏女士的目的地行驶。
魏女士告诉媒体，在她乘车期间，司机一直没有说话。发现司机偏航后，魏女士多次质疑其行驶路线，但司机并未回应。魏女士随后要求司机停车，司机没有回复也未停车。
魏女士拨打了网约车平台的一键报警，就在与警方保持通话过程中，她发现司机仍未停车且准备转向一条漆黑的小巷，趁车辆转弯减速时，她从车窗跳车。魏女士回忆，她跳车后，网约车司机短暂停车后，径直开走了，并没有下车确认她是否受伤。
对此，网约车平台很快成立了专项调查小组，全面停止了涉事司机的服务并接受调查。据专项调查小组向魏女士家属反馈，涉事网约车在离终点约800米的位置时出现了偏移，经调取当晚录音核实，魏女士第一时间质疑司机的行驶路线，当时司机并没有给出正面回应，在魏女士继续质疑的过程中，在录音中能听到司机“嗯”了一声，但是并没有给出言语上的回应。
After the incident, Ms. Wei and her family have negotiated with the car-hailing platform many times, but until the incident was exposed by the media at the end of 2021, the car-hailing platform has never given the real motive of the car-hailing driver's yaw. Answer.
After the incident, the local police have been involved in the investigation.
Frequent jumping incidents arouse social concern
The "jumping" incident caused by the yaw of the online car-hailing car is no longer a simple one.
On February 6, 2021, the "Crash and Death of a Female Cargo Lala Passenger" aroused great concern in the society.
In this case, Zhou Yangchun, a contracted driver of Huolala, received a moving order from the victim’s car through the platform. Due to the long waiting time for loading, and the car refused to accept the paid loading service and paid the delayed waiting fee, the order made less money. , Zhou Yangchun was dissatisfied.
On the way, Zhou Yangchun proposed to Che Moumou to provide paid unloading and handling services, but was rejected again, and he was even more dissatisfied.
On the way, Zhou Yangchun did not follow the route recommended by the platform, and chose a remote route that was relatively time-saving but with few people and vehicles and dimly lit.
Che Moumou prompted yaw 4 times, Zhou Yangchun had a bad attitude and quarreled with Che Moumou.
Che Moumou was terrified and stuck his head out the window to ask for a stop.
Zhou Yangchun found that Che Moumou grabbed the lower edge of the right window of the truck with both hands, and his upper body was sticking out of the car, which might crash. Although he turned on the double flash to warn the rear car, he did not take any stopping or braking measures.
Later, Che Moumou fell from the car window and died after rescue failed.
On September 10, 2021, the People's Court of Yuelu District, Changsha City, Hunan Province made a first-instance judgment on the case, finding that Zhou Yangchun committed the crime of negligently causing death, taking into account that he had surrendered himself, voluntarily pleaded guilty and accepted punishment, and actively rescued the victim. He was sentenced to one year in prison, suspended for one year.
Zhou Yangchun appealed.
On January 7, 2022, the Changsha Intermediate People's Court made a second-instance ruling, dismissed the appeal and upheld the original judgment.
On June 12, 2021, Ms. Gao from Hangzhou City, Zhejiang Province called a Shouqi car. On the way, she thought that the driver tried to chat with her and changed the route twice. The more she thought about it, the more she was afraid of jumping. Broken left arm.
In response, the online car-hailing platform responded that the incident was caused by poor communication between drivers and passengers, which caused misunderstandings by passengers.
On June 21, 2021, the Information Office of the People's Government of Fuyang District, Hangzhou City issued the "Circular on the Shouqi Car-hailing Platform Online Car-hailing Incident".
According to the report, according to the recording of the vehicle involved, there were brief exchanges and disagreements between the driver and passenger, Ms. Gao, about "the vehicle does not follow the navigation", but there were no obvious disputes and other abnormal situations.
After investigation, the public security organs did not find that the car-hailing driver was suspected of criminal offenses or violated public security management.
The behavior of the online car-hailing driver violated the relevant provisions of the "Hangzhou Passenger Taxi Management Regulations", and the transportation department will deal with the online car-hailing driver and the Shouqi car-hailing platform in accordance with laws and regulations.
Passengers' rights and interests are given priority to strengthen technical support
"There was a time when I didn't dare to call an online car-hailing car at night." Ms. Li, who lives in Shijiazhuang City, Hebei Province, told reporters that after several "jumping" incidents sparked public discussion, she and her friends seemed to suffer from "yaw sequelae" , once did not dare to take a car online alone.
Ms. Li said that since online car-hailing drivers are more familiar with actual road conditions or have route preferences for driving, it is understandable to drive off-track and change routes.
However, in the confined space of online car-hailing, if there is no effective communication with strangers of the opposite sex, single women are very likely to become nervous and panic, and extreme self-rescue actions such as jumping from the car are inevitable.
"The existence of the 'yaw sequelae' will aggravate the tension and sensitivity of women when taking online car-hailing, and it is more likely to cause misunderstandings due to poor communication." Ms. Li said.
In order to cure the "Yaw Sequelae", it is necessary to bring the yaw online car-hailing vehicles back to the "normal track", and use rigid systems and technical means to restrict the behavior of online car-hailing drivers, and the driving route cannot be changed.
"The principle that passengers have the right to know and make decisions should be adhered to. Ride-hailing companies should formulate a system that requires drivers to inform passengers of all route plans before departure, and passengers should choose their own routes and be responsible for the fares generated by the routes they choose. The notification process is recorded by the driving recorder to avoid misjudgment by both drivers and passengers." Wu Mengshu, chief prosecutor of the Hejian City Procuratorate in Hebei Province, believes that the decision of the online car-hailing route should adhere to the priority of passengers' rights.
In fact, passengers have different psychological expectations for online car-hailing and traditional taxis, and they have more trust in the navigation route planning given by the online car-hailing platform.
However, in the transportation contract relationship established through the platform between passengers and online car-hailing drivers, whether the navigation route given by the platform is a specific clause in the contract or just for reference, relevant laws, regulations and industry norms are not clear.
“行驶路线的更改必须得到驾驶员和乘客的一致同意，这是毋庸置疑的。不论是保障乘客合法权益还是谋求行业健康发展，网约车平台都要充分考虑乘客的心理预期和安全需要，从制度和技术层面作出规制，并制定相应的程序规范，对路线规划和偏航应对给予更多技术支撑和防范措施。”河北地质大学法政学院副院长孙日华说。
据了解，滴滴出行公开表示，其在安全领域已构建相应的订单风险识别策略，一旦检测到订单出现相应险情，会有安全专家及时介入提供帮助，为司乘的出行保驾护航。然而，滴滴安全专员坦陈，直到河北魏女士“跳车”事件发生后，他们才将跳车纳入平台安全场景当中。
杭州高女士“跳车”事件发生后，首汽约车平台发布《致歉声明》，提出将对司机行驶路线制定更加严格的规则；重点加强司机沟通方式方法的培训，增强司机沟通意识与沟通能力；强化提示乘客行程分享、一键报警等安全中心各项功能的使用，保障人身安全。这些都是治理网约车偏航的努力方向