Cuenca App Drivers Still Report Vehicle Retentions Despite Court Ruling

Drivers for mobility apps continue to report sanctions and vehicle retentions in Cuenca, even after a Constitutional Court ruling that experts say protects app-based passenger services from the old penalty framework. Ecuavisa published the report on August 23, 2026, at 9:00 p.m.

What changed in the legal picture

When passenger apps began operating in Ecuador in 2017, drivers faced the risk of a fine equal to two basic salaries, vehicle retention for at least seven days, and 10 points off the license when authorities treated the activity as unauthorized passenger transport.

Ecuavisa says that changed in late August 2024, when the Constitutional Court declared the relevant provision unconstitutional. The court's reasoning, as described in the report, was that authorities had not created a law regulating services such as Uber, InDrive, and Didi, and that sanctions could limit the right to work while the legal framework remained unfinished.

The Assembly has still not completed that regulatory task, according to the report. That leaves drivers in a confusing position: a court decision exists, but local enforcement disputes continue.

Cuenca is specifically named

Pablo Garces, president of the Association of App Drivers, said reports of retentions were concentrated in Ambato, Riobamba, Cuenca, Portoviejo, Santo Domingo, and Ibarra. In Cuenca, Ecuavisa described a case from July 2026 in which a woman's vehicle was stopped while she was providing Uber service.

The report is not a blanket statement that every traffic stop is unlawful. It distinguishes app-based transport from passenger transport outside an app, which may still be sanctioned. It also says an app vehicle can nevertheless be taken to a retention yard and that a lawyer may be needed to challenge the fine.

What drivers are advised to do

The lawyer quoted by Ecuavisa recommends recording the procedure, asking the agent to explain the reason for the stop, and showing a physical or digital credential proving that the driver works through a platform. Those steps create a record for a later challenge; they do not guarantee that an officer will immediately release the vehicle.

For passengers, the practical takeaway is to understand that a dispute between a driver and a transit authority can affect the trip even if the passenger has done nothing wrong. Keep your own belongings and identification with you, and allow extra time when using app transport during enforcement campaigns.

Source: Ecuavisa