Wednesday, March 01, 2017

Drivers Are Being Cautioned By Police For Accepting AppBased Jobs On Mobiles In Cradles.

Are TfL purposely misleading drivers over the change to the legislation that governs using a mobile phone in a vehicle? 

Yesterday we asked our regulator if it is legal for a driver to accept a job booking through an app based platform whilst driving?
They replied as long as it was in a cradle... it was legal. When pointed out what the Surrey and Nottinghamshire police were advising they said " as long as common sense is used you should be ok" 

In fact what TfL are saying here is as long as you don't get caught, you'll be OK. 

They also insisted that the law hasn't been changed just the penalties. This would mean that TfL are aware that they have licensed app based systems such as Uber, Gett and Hailo, knowing full well that the systems require the driver to break the law laid out in the Act of 2003.
Is this why they are refusing to make a statement of any kind, in a notice to the trade?

Going by what Surrey police are saying on their Twitter page, using certain Credit Card phone based apps such as PayPal and iZettle etc requires the driver again to contravene the 2003 act. But TfL authorised these systems and insist the drivers use them.

Taxi leaks has spent two days asking  TfL if they would make a statement to the trade, to clarify the legality of mobile apps and using a phone to clear credit card transactions. 
TfL have flatly refused to make such a statement. 

The only trade org who have asked questions of TfL on behalf of their members is the London Cab Drivers Club (LCDC). Their chairman, Grant Davis put this out on social media yesterday.....

"We have contacted Tfl today asking for clarification regarding the new mobile phone laws and the repercussions for taxi drivers using their apps:
Tfl did not have any impact assessment on any apps and I have stated as our Regulator, should any drivers be charged, I assume you will be representing them."

It's been left to Surrey police to make a statement which incidentally contradicts what TfLTPH have been putting out on their Twitter account. 

This is what Surrey police have said 
We've receiving lots of questions about using a mobile phone whilst driving.

The attached images below should answer most…

The burning question on every Taxi drivers lips is....
"How can an uber driver, currently undertaking an UberPool job -sanctioned by TfL- accept a second or subsequent  fare legally?

Again this is a complete mess from our licensing authority TfLTPH and again shows them to be woefully inadequate as a regulator. They have have many years to sort this out. By their actions, they should be held as complicit should any legal action be taken against a driver by the police.  

TfL's incompetence in regulating, also affects 120,000 private hire drivers who currently use their mobile phone, while driving, to accept jobs and job details. 
The Uber drivers Union has asked TfLTPH what is the legal definition and TfL's guidance on what is 'common sense/good judgement' in this context. 


Anonymous said...

to use the Driver's Credit Card unit in the front of my cab, it has to be taken out of its holder (which is fitted, so that the unit, faces away from me), it then becomes: HAND HELD

how in hell, can I then take a Credit Card transaction, in busy conditions?

Andrzej Rodziewicz said...

Are we about to see the goalposts changed again with reference to taking bookings with services like Gett and finalising customer card payments with PayPal Here and iZettle?

Anonymous said...

You could define using taxi meter above drivers head is illegal ...what's the difference in accepting app job whilst sitting at traffic lights and pressing for hire light on meter BOTH are just one press of a button? Explain please?

Anonymous said...

Simply put none of these interactions are safe.

TfL must therefore only approve equipment or applications that only work when the vehicle is stationery.

It's unarguable,

Anonymous said...

I can go out there right now and spot at least 10 Ubers and others messing with their phones whilst driving... But will the thin blue line? Or will they stick to their usual remit of selective blind eye policing? Me thinks the latter!

Wake up cabbies said...

Tfl oops

Jon said...

I have just had a chat with a motorbike copper

Here's what he said

The offence of touching a mobile phone to accept a job has always been there, except from today the penalties have just been increased.

So here's the thing, TfL have licensed all app based handling systems, weather licensed or private hire knowing that excepting a job via this medium is a criminal offence.

Anonymous said...

Jim every one seems to be concerned about as to can or can't use a phone it's illegal the orbs should be all over this like a rash no one should be given a licence to run a app I don't have to spell it out.

Anonymous said...

Very very interesting, i do believe the trade is in for a big shake up?app base firms must be very worried vechiles cruising the streets waiting to hit that button must be considered illiegal? only a black taxi sitting on a rank can surely be the only legal defence for the app? can TFL consider liscencing a APP company with no base no land line, knowing the only communication between customer and driver is for the driver to illegally hit that button? This ruling adds to a long list of doubts into liscencing this company?

Anonymous said...

the use of Technology, in our cabs

this is an utter disgrace - this one's saying THIS, that one's saying THAT

and we're in LIMBO

the LTDA's being run by a Puppet Master, who should be ashamed of himself, but apparently, knows, no shame

I thought that one, had to EXCHANGE details after a crash - I didn't see, Oddy waiting around to get the other driver's details

the LTDA's Puppet, can't shit without the Puppet Master's, say so

what the flaming hell is going on???????????????????????????????????

@londonblackt said...

Need a massive drive behind this. Any driver worth their wait will admit device dependency no matter how small is a burden on driving safety. Please tweet any view or new on this using #SatNavOrSafety. TFL need to protect customer one way or another.

@londonblackt said...

Using a button on meter amounts to same as using button on cb radio. Which 100% legal. Where as reading accompanying text related to accepting bookings or constantly swiping, resizeing maps is a different matter. Investigations must be made dor rhe publics sake.

Satnav disclaimers are there for a reason.


Anonymous said...

Maybe what needs to be done is book a uber get in the car confirm the mans name. Watch him use his phone and 15 sat navs. Record it all and than hand it to the police with he's name reg etc. Let's see what happens next. Like everything you need a test case

Anonymous said...

I'm stationary in traffic in gridlock london on Blackfriars road going northbound can't pullover because of cycle lane, customer had enough wants to abandon ship with credit card in hand,traffic cop stationary alongside starring into cab, can TFL please clarify how I can process this credit card action without breaking the law and occurring 6 penalty points and £200 fine? And orgs do you not think you should be defending your drivers and going back to TFL and demanding credit card machines are not fit for purpose and not practical in gridlock capital it seems double standards from TFL campaning to put mobile phones in glove box but then knowingly allowing cab drivers to interact with fix terminal card payment machines? And allowing a liscence to Uber who's business model depends 100 percent on interaction with a mobile device beggars belief? Answers please TFL?