Email that has been sent to Senior Tfl Management and City Hall by Grant Davis, Chairman of the London Cab Drivers Club.

As you are aware, on 06/12/21 the High Court ruled that in order to operate lawfully under the 1998 PHV act, an operator accepting a private hire booking is required to enter into a contractual obligation with the passenger to provide the journey. An operator is the transport provider!

Subsequently TFL issued TPH notice 22/21 on 20/12/21. The notice states ‘PHV operators should not wait to be contacted before satisfying themselves that they are acting within the regulatory regime and being prepared to demonstrate this compliance to TfL, upon request, at any time’  AT ANY TIME!

https://content.tfl.gov.uk/tph-notice-22-21-private-hire-operators-contracts-with-passengers-next-steps.pdf

Having checked the largest PH operators (Uber London, Freenow/Transopco, Bolt, Addison Lee) terms and conditions, not one operator has complied. All state drivers as the transport provider! All are operating unlawfully! 

Why are TfL, the regulator, allowing this non compliance?  

In regards to Uber London Ltd, the operator that sought the declaration, I note with interest, their operating licence expires on 27/03/22.  I also note, on TfL’s licensing web page,

https://tfl.gov.uk/info-for/taxis-and-private-hire/existing-licensee/existing-private-hire-operator

Renewal packs are dispatched approx 4 months before expiry. TfL also warn operators to submit their applications ‘as soon as you can’ ‘any delay may affect your application being assessed and affect your ability to continue trading’

Given Uber London Ltd have not complied with the High Court, can we then assume that Uber have not submitted or have submitted an incomplete application? This would surely be intentional. Will TfL facilitate and process in a short period to allow Uber to continue trading? 

Will TfL afford other licensees the same courtesy, both taxi & private hire? Or is it a case of ‘special treatment’ ?

Regards 

Grant Davis

Chairman 

LCDC

𝐓𝐀𝐗𝐈 𝐋𝐄𝐀𝐊𝐒 𝐄𝐗𝐓𝐑𝐀 𝐁𝐈𝐓: 

Although London Licensed Taxi Drivers are protected by the Transport Act 1985 sec 17(7)….in Sir Peter Hendy's apology to Taxi Leaks, Leon Daniels stated that the Act is only applicable to licensed Taxis and does not cover Private hire drivers or operators. 

𝐃𝐚𝐧𝐢𝐞𝐥𝐬 𝐬𝐚𝐢𝐝 𝐭𝐡𝐢𝐬 𝐢𝐧 𝐡𝐢𝐬 𝐞𝐦𝐚𝐢𝐥 𝐭𝐨 𝐓𝐚𝐱𝐢 𝐋𝐞𝐚𝐤𝐬:

Please note that contrary to the comment in your email, section 17 of the Transport Act 1985 only applies to London taxi driver and vehicle licences, not London private hire, vehicles, or driver licences. 

Kind regards

Leon Daniels | Managing Director  

Transport for London | Surface Transport | Palestra |

11th Floor - Zone R4| 197 Blackfriars Road|Southwark|SE1 8NJ

If Uber or any other PH operator or driver haven’t complied with the full requirements laid down in the high court ruling, or submit a late or incomplete application, then they must stop operating until any noncompliance is completely dealt with. Otherwise they are breaking the law.