Wednesday, December 10, 2014

Transport for London Board Statement – Uber Wednesday 10 December 2014

Earlier today, Leon Daniels gave the following statement to the TfL Board with a summary of the position regarding Uber, especially following the numerous stories in the media about activities worldwide.

Uber remains a licensed PH operator in London, fulfilling the requirements as set out in private hire legislation.

There have been various stories in the media about their activities and the sanctions applied in other countries and other jurisdictions.

We note all of these, but the laws in those jurisdictions are different. In one case, it was reported that Uber had shown, at a public event, the location of a famous personality in an Uber vehicle.

This we regarded very seriously as a potential breach of privacy. We took steps to immediately look into this and Uber London Ltd gave us an absolute assurance that no data about individuals was ever released. 

This week there is also a story about a case where an Uber driver in India has been arrested on a charge of rape involving a passenger in his vehicle. 

As far as we are aware no one has yet been convicted of any offence.

There has been a concern from the taxi trade that individuals could be licensed as drivers from countries where the current DBS checks cannot be obtained. The position regarding drivers who have recently arrived in the UK and apply for a private hire driver’s licence remains the same as before.

To be licensed, and in the absence of a DBS check, a certificate of good conduct is required from the Embassy of the country of origin. This discloses any offences that have been recorded against the individual. I should remind Board Members this is a long standing requirement which applies to all PH drivers and predates the arrival of Uber in this market. I would also repeat that all PH operators are subject to periodic compliance checks. The last check at Uber was found to be satisfactory but in common with all operators further checks will take place at a time of our choosing.

Lastly, Board Members will recall that there remains the issue of whether or not the smartphone provided by Uber to its drivers is a taximeter as defined in private hire legislation and if it is whether or not Uber private hire vehicles are unlawfully equipped with it.
Whilst we have already stated that we do not think it is, we accept that the law is open to a different interpretation having been written well before the advent of such devices. 

Because the law is unclear we have said that the appropriate way forward is to seek a declaration from the High Court - which of course we will enforce. 
This might well have been concluded by now. However, the LTDA chose to bring a private prosecution in the Magistrates’ Court against a small number of Uber drivers on the taximeter issue.

The High Court does not have jurisdiction to consider applications for a declaration whilst there are on-going prosecutions in the criminal courts in relation to the same legal issue.

Recently the Magistrate dealing with the prosecutions concluded that the matter was rightly the province of the High Court.  

However, the LTDA did not agree to withdraw the criminal summonses and the case was adjourned indefinitely to allow us to pursue our application to the High Court.   

However, since the criminal case remains outstanding, we are of the view that the High Court will still not accept an application for a declaration as we would wish.   

For this reason we have written to the LTDA asking them to withdraw their criminal summonses. Unless and until they do so, we will remain in a position where the very concerns of the taxi trade that we are trying to resolve cannot be progressed because of the actions of the LTDA.   

Helen Chapman, General manager, London Taxi and Private Hire

Editorial Comment:
It would seem that TfL have taken the editor of Taxi Leaks off the email list for trade updates and press releases. It would appear that they do not like criticism and are doing there best to avoid bad publicity. 

This latest release shows how involved TfL and in particular  Leon Daniels, has become with this PH company. A company they could have dealt with ealier this year but didn't. 

Taxi leaks complained to TfL that Uber had moved were operating from premises in N1 without having the required licens in place. TfL could have revoked Uber's licence there and then, but did nothing of the sort.

Instead they waited over a month, while Uber applied for and received a licence variation for the new address. They (TfL) then carried out a compliance check. Taxi Leaks was then informed that the necessary documentation was in place. 

There have also been reports that other PH operators are now starting to use forms of Taxi meters in their cars on the strength that "if Uber can...they can".

Uber have recently been banned in Germany, Italy, France, Holland, Thailand, India and Spain. Last night, we hear summonses had been issued against Uber in San Francisco, Los Angeles and Portland Oregon.

There have been many complaints in London from Uber customers, but TfL do not deal with complaints against PH drivers. Instead all complaints are sent to the operator to deal with. In Uber's terms and conditions they state they are not responsible for complaints against the driver and this is soley a matter between the passenger and driver. So, no one is actually dealing with complaints. 
FOI requests reveal that TfL do not keep statistics of complaints made by the public against PH drivers. 

To say their hands are tied because of the LTDA private prosecution is complete and utter nonsense.

When the bubble finally bursts and we believe that will now happen soon, we will expect the TfL manages who have gone out of their way to protect this operator, to resign.

But then, senior managers at TfL are not known for being honourable men of principle, or even a moral compass.  


Anonymous said...

I believe Grant Davis told Boris Johnson that Leon Daniels & Garrett Emmerson should be relieved of their duties if the LTDA won their case: The blogger and journalist, Martin Hosick, known as Mayor Watch, suggests that Daniels is right in his assertion that the High Court cannot make a judgment until the Private Prosecutions are resolved. If the LTDA get successful prosecutions against the 6 drivers that will stop Über drivers from using a smartphone to meter the fare but it won't stop Über operating like Taxis plying for hire via electronic hailing.

What is the LTDA's strategy?

Daniels and Hendy are having to answer questions but so is Bob Oddy who actually spoke today.

Isn't it time that Bob Oddy addressed the London Taxi Trade?

Is he advising the Mayor, or representing the Cab Trade?
What is Bob Oddy's position?
What is the LTDA'S strategy?
Are the Club going to sue TfL as they suggested in the Badge?
Are the RMT taking any action? Have the UCG got an action planned?
Nobody tells me anything anymore!

John Thomas

Anonymous said...

in a nutshell:


Binky -Boo said...

Oh Dear watching the ITV London News and out steps Boris changing tack now and siding with the Taxi drivers over Uber .. ..
You see Boris is not silly he probably remembers when Ken fell foul of the Cabbies it lost him his election.

If anyone is standing for an Election do not fall out with London's Taxi Gents they and their families represent a lot of voters

Andy said...

Let them use a meter, it will hang them, Bobs buddy Steve Wright is screaming blue murder as his subscribers are losing drivers hand over fist to uber...

Anonymous said...

So let's get this straight.

1. The Mayor (who is chair of the TfL Board) thinks it's a Meter yet his staff think not and apparently the former Director of LTPH also thinks it's a meter.

2. The LTDA has spent members money bringing some drivers before the court yet their Deputy General Secretary sits on the board of TfL and has said nothing at any recent board meeting.

3. Even if this practice is banned it won't put one extra job in a cab.

4. The real issue as some of us keep saying is that Apps that allow instant 'bookings' are Plying for Hire and that includes postures on phones of cars 'available'

So who is doing what?

Well I only know of one organisation that's lobbying the GLA, Parliament etc. on this and of course it's not the one TfL wants to meet with.

We wonder why?