Fair Air aims to turn diesel taxis into alcohol fuelled green machines!

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The majority of taxis in the UK currently rely on the internal combustion engine for power using either petrol or diesel. However with restrictions on their use planned for London, and now potentially other areas, interest in the use of hybrid and 100% electric vehicles is growing. However there maybe another option open to cabbies which has yet to be discussed. 

A new company, Fair Air, is proposing a direct ethanol fuel cell as a potential source of energy for a 100% electric vehicle with taxis its target market. Ethanol is relatively cheap and is already commercially produced with existing forecourts able to be upgraded to handle this product. 

Following on from research undertaken with London black cabs, and to assist with Fair Air’s understanding of the wider potential market for such a vehicle, the new company are asking readers of TaxiPoint to complete a short survey. The questions can be found below and will help Fair Air learn more about the industry’s feelings towards alternative fuel sources. All responses will be treated in confidence. Fair Air Limited hope to rebuild London taxis into zero pollution ethanol powered fuel cell transport. Ubiquitous diesel London cabs will be remanufactured using advanced on board fuel cell electrical generators powered by the energy in ethanol (alcohol). Following taxis, municipal vehicles and buses could undergo the same treatment, making London’s transport the cleanest in the world. Novel fuel cell technology will eliminate the need for hydrogen for transport applications, replacing it with safe, easy to use ethanol, produced from waste. Ethanol is the same alcohol passengers drink in their G-n-T’s and Pints, although Fair Air does not suggest you drain the cabbies tank to satisfy your thirst!

Complete the ethanol survey by clicking the image above.

February 10, 2019 at 09:36PM http://bit.ly/2UVulRY Perry Richardson THESE POSTS ARE NOT OUR ENDORSEMENT

Experimental Harrods rank gets axed

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Basil Street rank is in line for the chop following residents’ complaints about over-ranking

The experimental taxi feeder rank that was put in place in Basil Street is to be removed when the trial period comes to an end on February 8. Unfortunately, as we warned in the last edition of TAXI there have been numerous complains made by the residents of Hans Road in respect of the unauthorised ranking that has taken place there on a daily basis.

Things got so heated on one evening that an LTDA marshal had to step in and break up a row between two drivers.

Understandably, the residents got fed up with it and began filming cabs and sending the videos to Kensington and Chelsea Council, which in turn contacted TfL.

However, it was recognised that the yellow box has helped to improve the situation at the Basil Street junction with Hans Road and Walton Place and this part of the scheme will remain in place. It has to be said that the management of Harrods have been very supportive of the taxi trade over the traffic issues around the store and Kensington and Chelsea council, along with TfL and the LTDA, are still committed to finding a solution that works for all. Certainly, the trade has not been blamed for the overall chaos in and around the area, which the experimental scheme was designed to alleviate. But the one issue we were held account for was the practise of taxis queuing or ranking illegally in Hans Road. The process will now be for the council to decide whether to formally scrap the experimental scheme or to take the highly unlikely decision of reinstating it.

Discussions are in fact already taking place between the interested parties with a view to finding a way forward with amendments to the trial scheme, which would change the current layout of the junction and possibly reintroduce a feeder rank. While there is sympathy for drivers trying to find ranking space around Harrods, particularly at this time of year, we can’t simply form our own ranks to the annoyance of residents and expect the council to ignore their complaints. The view of the council is that we have just moved the problem from one place to another and in the process stirred up a hornet’s nest of residents. A classic case of shooting ourselves in the foot.

February 10, 2019 at 07:50PM http://bit.ly/2UVulRY Richard Massett - LTDA THESE POSTS ARE NOT OUR ENDORSEMENT

Private Hire Driver loses his licence after refusing to pick up a blind passenger accompanied by his guide dog

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A Nottingham private hire driver has lost his licence after he refused to pick up a blind man who was being accompanied by his guide dog. Private hire driver Mohammed Saghir, pleaded guilty to failing to pick up a customer and accept a fare at Derby Justice Centre in December, and following a review by Nottingham City Council he has had his licence revoked. The committee heard Saghir, arrived at a pub near Trent Bridge to take Mark Whittle and his wife, Catherine, home. As reported in the Nottingham Live, Saghir arrived outside the pub, and sent a text to the Whittle's to inform them of his arrival. However, when Mr and Mrs Whittle emerged from the pub alongside Archer, their guide dog, he drove off.

Mr Whittle rang the council to complain and subsequently an investigation was launched into Saghir's behaviour.

Mr Saghir was handed a bill totalling £476.17. He was fined £210 with a victim surcharge of £30 and was ordered to pay costs of £236.17.

Mr Whittle said: "I was really angry about what happened. We’d gone outside and it was only when a member of the public approached to ask if we were waiting for a taxi – and told us it was driving away – that we realised the driver had left. “I called the cab firm and they got the driver on the phone but despite them saying to him that he had to take us, he was adamant that he wouldn't have the dog in his car. “I’m sorry that he’s lost his licence because that’s his livelihood, but he’s only got himself to blame. When he signed up to become a taxi driver, he should know the rules and regulations – in this case, he can’t refuse to accept an assistance dog. “It makes you worry what could happen if it was a young girl with a guide dog waiting for a taxi, which turned up only to drive off. I’m keen to raise awareness of this because I don’t want it to happen to anyone else.” Portfolio holder for community protection at Nottingham City Council, councillor Toby Neal said: “We were shocked to hear of Mr Whittle’s experience and immediately investigated. It would appear that the taxi driver, for whatever reason, did not want to carry a guide dog in his car. “Under the Equality Act, guide dog and other assistance dog owners have the right to enter the majority of services, premises and vehicles with their dog. This includes taxis, and for Mr Whittle and his wife to be left standing at the side of the road is totally unacceptable. “This prosecution is an important result for the City Council and reinforces a strong message to taxi drivers that we expect the highest standards at all times. Our Driver Improvement Penalty Point System (DIPPS) was introduced in April 2017 and since then we have sanctioned 56 drivers for infringements of that code of conduct.”

February 10, 2019 at 06:53PM http://bit.ly/2UVulRY Michael Murphy THESE POSTS ARE NOT OUR ENDORSEMENT

TfL look to public to help design new cycle network across London

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Transport for London are asking for public input, as they look to bring in new cycle routes across London. Four new routes that are being developed by TfL in conjunction with the London boroughs of Barking & Dagenham, Camden, Hackney, Haringey, Islington, Redbridge and Tower Hamlets. It is anticipated that a full public consultation will take place later this year. In 2017 TfL published the Strategic Cycling Analysis which set out proposals for 25 new cycle routes across London. In 2018 the Mayor announced that design work would begin on a number of these routes. Among those which have been proposed is a cycle route running between Camden and Tottenham Hale. This will be approximately 12km, and would connect the town centres of Tottenham Hale, Seven Sisters and the Nag's Head, with the route using both main roads and quieter back streets. Other proposed routes would run between Lea Bridge and Dalston, taking in a 3km route which will link the cycle route between the City and Tottenham at Dalston. The proposed route will see the Lea Bridge Road, Downs Park Road and Sandringham Road all become part of the cycle route network. Hackney and Isle of Dogs will also become part of the cycle route network. A 7.5k route would run through Westferry, Mile End and Victoria Park, linking the cycle routes between Stratford and Aldgate as well as Barking and Tower Hill. This route will also interlink with the proposed Rotherhithe to Canary Wharf Crossing. Ilford and Barking Riverside is also part of the new cycle route network proposals, taking in a 7km route, linking Ilford to Barking Riverside via Barking town centre .Transport for London have asked for ideas, comments and suggestions to help them develop their designs. A public engagement period will be running until 31March 2019, before a public consultation later this year.

February 10, 2019 at 12:35PM http://bit.ly/2UVulRY Steve Kenton THESE POSTS ARE NOT OUR ENDORSEMENT

Electric taxi charging points for Rochford District and Basildon Borough following successful funding bid

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Charging points for electric taxis are set to be installed in Rochford District and Basildon Borough, following a successful joint funding bid. The funding will enable two charging points, at a cost of £75,000, to be installed in Rayleigh High Street and at Rochford Railway station as part of ongoing efforts to improve local air quality. Further funding will enable three charging points for private hire and hackney carriages to be installed in Basildon, Billericay and Wickford. Announced this week by the Future of Mobility Minister, a total of more than £450K will be used for the installation of 17 charge points in the East of England; at Southend-on-Sea, Luton, Peterborough, and Rochford District and Basildon. This announcement is another milestone in the delivery of the government’s Road to Zero Strategy and Future of Mobility Grand Challenge, which aims to take advantage of the extraordinary innovation in UK engineering and technology to usher in cleaner, greener journeys. Leader of Rochford District Council, Cllr Terry Cutmore, said: "Rochford District Council is always exploring new means to improve our air quality, including the pursual of relevant funding opportunities which will benefit local residents. I would like to thank all those involved in putting this successful bid together, which will benefit our environment into the future. "We are among just 17 authorities nationally to receive a share of a £6million funding pot made available for the installation of new charging points for electric taxis.　 The hope is that this will act as a catalyst to encourage more drivers to seriously consider the use of electric vehicles." Councillor Kevin Blake, Basildon Council’s Chairman of the Leisure, Culture and Environment Committee, said: "I am delighted we have been successful in this funding and would like to thank officers for their hard work in putting the bid together. We continue to work closely with Rochford and Essex County Council to find ways to improve air quality in the area with a range of measures. This funding will provide a further boost and incentive to encourage the use of electric vehicles." Jesse Norman, Future of Mobility Minister, said: "The government wants all new cars and vans to be effectively zero emission by 2040. Getting the right infrastructure and investment in place is a crucial part of this." This funding will support almost 4,000 ultra low emission vehicles across the country. Richard Harrington, Automotive Minister, said: "The UK has led the world in cutting emissions while maintaining growth in our economy. "These new charge points for greener taxis will help accelerate a cleaner environment for people across the UK. This will also point the way for a better, healthier future for us all as part of the government’s modern Industrial Strategy which builds on the government’s long-standing partnership with the UK automotive sector." It is estimated that across the East of England, 85 ultra-low emission black cabs and more than 340 ultra-low emission private hire vehicles will benefit from new chargepoints being funded by government, supporting a shift towards cleaner, greener transport.

February 10, 2019 at 11:11AM http://bit.ly/2UVulRY Steve Kenton THESE POSTS ARE NOT OUR ENDORSEMENT

Addison Lee up for sale as Carlyle Group look for swift exit

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Minicab firm Addison Lee are set to look for new buyers as American owners Carlyle Group seek to recoup on investment.

The investment group is looking to sell its majority stake in the London based minicab firm after buying it in 2013 for about £300 million. The private equity group went on to plough a further £100 million in to Addison Lee as they seeked to grow outside of London.

According to sources the firm are looking to sell Addison Lee for £390 million which could signal a small loss on its investment.

Addison Lee operates the second largest private hire service in London after Uber. The firm’s 5,000 cars are said to complete about 25,000 jobs a day, bringing it about 10% of the £3 billion London taxi and private hire market.

Just recently Addison Lee announced it would invest in 1,200 Volkswagen Sharans to create a fleet that is compliant with Transport for London’s new Ultra-Low Emission Zone (ULEZ), which will come into force on 8 April 2019.

However, the minicab company continues to fight against workers’ rights and announced financial losses of £20.8 million for the last financial year despite record turnover.

In November 2018, the courts once again agreed Addison Lee drivers were legally entitled to workers’ rights such as the national minimum wage and holiday pay rights.

The Employment Appeal Tribunal (EAT) rejected Addison Lee’s arguments that their drivers are self-employed contractors running their own businesses. The EAT confirmed the Employment Tribunal’s decision that the true nature of the relationship is that Addison Lee drivers work for Addison Lee – agreeing with the original Employment Tribunal decision last year. The ruling will mean thousands of Addison Lee drivers are legally entitled to receive the National Minimum Wage and holiday pay.

February 10, 2019 at 09:48AM http://bit.ly/2UVulRY Perry Richardson THESE POSTS ARE NOT OUR ENDORSEMENT

Department of Transport statistical report reveals Taxi and PHV drivers were the highest percentage caught using a mobile device behind the wheel of a vehicle

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A statistical report released by the Department for Transport found that taxi and/or private hire drivers are the highest proportion of drivers that use a hand-hold mobile phone whilst behind the wheel of a vehicle. The reports data, which was released on February 7, found that in 2017 taxi or private hire drivers that were caught using a mobile phone was at 3.3%. 2.1% of that figure were found to be holding a phone to their ear, with the other 1.2% found to be holding it in their hand. According to the data, 2.1% of van drivers were found to use a mobile phone behind the wheel, regular car users were and bus drivers were amongst the fewest with just 1%. The lowest percentage of drivers found to be using a mobile phone was goods vehicle or lorry drivers, at 0.6%. The study suggests that the figure for drivers that were caught using a mobile phone behind the wheel of a vehicle had in fact fallen since the previous data report in 2014. This is most likely to be because the penalties for any offender were made tougher within that time. In March 2017, the fine for drivers using a mobile device increased to £200, accompanied with six penalty points. A maximum fine of £1,000, (£2,500 if driving a lorry or bus).

February 09, 2019 at 01:49PM http://bit.ly/2UVulRY Michael Murphy THESE POSTS ARE NOT OUR ENDORSEMENT

Rapper killed in cab smash

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A rapper has been killed after the cab he was travelling in was involved in a smash after leaving Keele University.

28 year old Cadet, real name Blaine Cameron Johnson, was leaving the University after a performance on February 9.

The crash, which involved a Toyota Prius and a Vauxhall Combo Van also left the two drivers, one aged 36, the other aged 22 needing hospital treatment for serious injuries, and three other passengers needing treatment for minor injuries.

Cadet was set to perform at this years Wireless Festival.

Police confirmed that a major road traffic collision occured in Main Road, Betley, and despite emergency service attempts to save the Rapper, he died at the scene.

Officers from the Staffordshire and West Midlands Serious Collision Investigation Unit are appealing for witnesses or anyone with relevant dashcam footage to contact 101, quoting incident 45 of 9 February.

February 09, 2019 at 12:15PM http://bit.ly/2UVulRY Steve Kenton THESE POSTS ARE NOT OUR ENDORSEMENT

Mobile phone use by drivers appears to fall according to study

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The number of people using a hand-held mobile phone at the wheel seems to be falling according to a recent government study. A Department for Transport observational study across Great Britain in 2017 showed that 1.1% of all drivers were holding their mobiles. This compares with a previous study in 2014 covering England and Wales which showed that 1.6% of drivers were using the devices. However, the rate of non compliance in 2017 amongst young drivers was higher with 4% of 17-29 year-olds observed using a handheld mobile. Sixty five percent of these were holding their phones in their hands; the rest had the phones to their ears. Using a hand-held mobile at the wheel has been illegal since December 2003. Since March 2017, motorists caught using a hand-held phone have faced incurring six points on their licence and a £200 fine – up from the previous penalty of three points and £100. In 2017 the use of a mobile phone was recorded as a contributory factor in 33 fatal accidents and 90 serious ones. The same survey showed that in 2017, 96.5% of drivers were using a seatbelt in Great Britain, compared with 95.3% in England and Scotland in 2014. However, as few as 80% of backseat passengers aged 60 and over were seen belted up in 2017. Steve Gooding, director of the RAC Foundation, said: “The headline data suggests that the vast, and increasing, majority of drivers are abiding by the law as it relates to mobiles. But that still means that hundreds of thousands of people aren’t and from what they see on the road many motorists will think the non-compliance rates are actually much higher. “What continues to beggar belief is the number of people who still refuse to wear a seatbelt. Even the safest drivers can be in serious crashes even if they don’t cause them. Why wouldn’t you take a simple step to protect yourself – and your passengers – from harm?”

February 09, 2019 at 10:57AM http://bit.ly/2UVulRY RAC THESE POSTS ARE NOT OUR ENDORSEMENT

“Half-baked schemes kill confidence” says LTDA

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“The trade is trying to do its bit for the environment but we’re being undermined at every turn”

TfL has yet to issue the figures, but it’s believed it has received nearly 1,000 applications from fleets and mushers to decommission their older cabs in exchange for the incentive payments which start at £10,000. The big unknown is how many of these cabs will be replaced with shiny new TXes; how many of the owners will try renting, buy a later diesel, or even retire?

What is in no doubt is that any reduction in the age limit is going to have a financial impact on virtually every cabbie whether they own or rent. Perversely, it will have the opposite effect of what is intended and impact negatively on new ZEC cab sales as the equity in existing cabs drops still further. Cabbies will be unable to afford to bridge the gap between what they sell their cab for and the £56,000 for the new model leaving them with no option but to keep running their diesel cab as long as possible. I have repeatedly explained this to everyone I have met at City Hall and will continue to do so. The solution to helping the trade modernise and upgrade our fleet is in two parts. Firstly, it involves recognising our unique position, in that we were compelled to buy the diesel cabs we currently run and had no choice. Our fares, and thus our ability to fund new vehicles, are set by the mayor and our unique status of being the only part of London’s public transport infrastructure that is 100% wheelchair accessible and disability friendly. Secondly, hitting us with a big stick won’t work. We are individual business people, we need confidence in our market place to enable us to plan and make sound financial decisions. What is needed is more carrots in the form of more money and incentives to help us buy and run the new cleaner cabs and a vast improvement to the charging infrastructure to support thousands more electric cabs. Most importantly we need absolute assurance that we can continue to keep London moving. This means no more half-baked traffic schemes that exclude cabbies and discriminate against our customers!Urgent reform needed now While the Government may have gone quiet again on its plans for overhauling our outdated and impractical licensing laws, MPs across Parliament have been making more and more noise. The House of Commons Transport Select Committee Chair Lilian Greenwood MP recently wrote to Taxis Minister Nusrat Ghani on this, and published her letter online. She asked when the Government will respond to the taxi and PHV Working Group’s report and if it will bring forward new legislation on regulating the trades. Back before Christmas, I spoke with the chair and asked her to press the minister on this. It’s good to see her follow through on our behalf and show the minister that we’re not the only ones on her tail. Typically, the minister told Lilian that a Government response will be published “shortly,” but did acknowledge that the Government has a “leading role to play” in fixing the issues our trade is facing. Following a number of vague commitments that a Government response to the working group’s report will be published either in “due course” or “shortly”, it’s disappointing (although unsurprising) that the Department for Transport has now missed its own three-month deadline for responding to the report’s recommendations. While we’re still waiting for a response, the APPG on Taxis (which the LTDA sponsors) is also amping up the volume. We’ve been urging MPs within the APPG to question the Government on when a response will be published and to bring in new legislation ASAP. Just last week, APPG Taxis Chair Wes Streeting and others including Andrew Rosindell, Jim Cunningham and Julia Lopez showed their support by tabling the latest round of written questions in Parliament. They’re just as fed up as we are that this keeps getting pushed down the line and won’t lay off until the response is out. Passengers and taxi drivers up and down the country can’t wait any longer for new licensing regulation. They’ve also started questioning the Ministry of Housing, communities and local government on this. As we know all too well, this isn’t just about transport, it’s about protecting the public and making sure what happened in Rotherham never happens again. Once the Government’s response is finally made public, we’ll be giving the Chair of the Transport Committee a ring to discuss how they can help the APPG out in scrutinising the Government’s plans. We must ensure that nothing is watered down and we get the urgent reform we’ve all be waiting for.

February 09, 2019 at 10:42AM http://bit.ly/2UVulRY Steve McNamara - LTDA THESE POSTS ARE NOT OUR ENDORSEMENT

New Envoy “London Taxi Courier App” set for launch in the capital

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A new app for London cabbies has launched today dubbed the “London Taxi Courier App”. The app called Envoy works by allowing users to post a job to be picked up for delivery that will then be dispatched by a London Black Taxi driver in and around London. Once the user has posted a job, a driver can pick up the package/parcel and deliver to the requested location. Drivers will be able to see all available jobs on the Envoy app and choose jobs that they are local to. TaxiPoint asked Envoy what makes the them different to other apps on the market? Envoy’s founder Danny Mitchell, who also works as a London cabbie, said: “This concept has never been used before for the Black Taxi industry. As a London Black Taxi driver myself, I realised there was a niche in the market. With our superior knowledge of London, we could move parcels/packages important documents, luxury good, lost luggage and anything else around quicker and safer then any courier company in London. “After research, I realised that we could also compete with their prices too but provide a much better, quicker, safer service and guaranteed delivery for the receiver. “The user will also benefit from using the Envoy App, by choosing to post a delivery on Envoy for one of our Black Taxi’s to pick up. “A request may be made for specific pick up or delivery time that suits them. All you have to do is fill in the delivery ticket within the app then, once a driver has accepted the job we will connect customer and driver via our smart messenger within the app. Direct contact details of both parties and delivery instructions will be provided once a job has been accepted by a driver. “The concept came to me about 2yrs ago. I was working longer shifts to cover my money and spending more on diesel and thought there has to be another service I can provide where I can get jobs one after the other without any gaps in between to stop me wasting endless hours looking for another job and knowing that no one driving a car or van can move from one side of London to another quicker then me in my Taxi “As a London Black Taxi Driver I realised that technology unfortunately has changed the job and the only way to save it is to fight fire with fire and start tapping into other industries that we as Black Taxi drivers can clearly do and do better. “The time has come for London Taxi Drivers to pull together and move with the times, we are the best at what we do and we need to apply this with innovative ideas and available technology keeping our standards high.”

February 08, 2019 at 05:01PM http://bit.ly/2UVulRY Perry Richardson THESE POSTS ARE NOT OUR ENDORSEMENT

Uber obtains one year operator license renewal in Birmingham

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Uber has been granted a one year renewal to their operator license by Birmingham City Council.

A "behind closed doors" meeting was held by the licensing sub committee in January, where there was a unanimous agreement for Uber to continue operating until January 31, 2020.

Their operator's license will then be reviewed again after that date.

It was reported in Birmingham Live that the minicab giant, who have been operating in the city since 2015, had submitted statistics via a booklet, claiming to have over 1,000 Birmingham licensed drivers on their platform, and have carried out more than 15 million trips, with an average 4 minute waiting time.

Uber have expressed a willingness to work with West Midlands Police and the City Council regarding safety issues and enforcement.

They have also stated that they are willing to make transport data available to assist in infrastructure planning decisions in the city.

February 08, 2019 at 03:15PM http://bit.ly/2UVulRY Steve Kenton THESE POSTS ARE NOT OUR ENDORSEMENT

CS11: TfL thwarted in Court of Appeal

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Sir Ross Cranston’s ruling that the CS11 cycle route is unlawful in its current format has been upheld by the Court of Appeal.

The court has also denied TfL permission to make any further appeals.

The ruling now means that TfL will have to start the process of re-designing the controversial cycle super-highway. In the original ruling, which took place in September 2018, Westminster Council were successful after filing a judicial review at the High Court. Sir Ross Cranston's judgement at the initial hearing focused on the fact that TfLs plan to start work at Swiss Cottage before they had consent for the entirety of the scheme was unlawful.

It was reported in the Ham and High that Westminster Council have deep concerns over the traffic congestion that CS11 may cause, although they have stated that they fully support safe cycling. TfL have expressed disappointment at the decision and have stated that they remain committed to improving walking and cycling in the area.

February 08, 2019 at 08:23AM http://bit.ly/2UVulRY Steve Kenton THESE POSTS ARE NOT OUR ENDORSEMENT

London minicab driver jailed for causing death by dangerous driving while under the influence of drugs

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A London mini-cab driver who knocked down a 27-year-old man who died at the scene has been jailed for four-and-a-half years. Adefemi Adebisi, 36, knocked down and killed Joshua Hayes in Lewisham in October 2016. As reported by the Evening Standard, a post-mortem examination gave the cause of death as asphyxiation. Abedisi, of Surrey Docks, was previously found guilty for causing death by careless driving while over the limit through cannabis in December, at Woolwich Crown Court.

Detective Sergeant Wendy Parker, lead officer in the case from the Roads and Transport Policing Command at the Met, said:

"Adebisi admitted in court that he had used cannabis multiple times in the space of one week. The public put their trust in licensed mini-cab drivers and expect to be transported in a safe environment when they step into a vehicle. "This man imprisoned today undoubtedly put others at risk by his behaviour and this case shows the dangers of driving under the influence of drugs. We hope it will act as a deterrent in future to others." After the crash, authorities attended and found Mr Hayes, who was from Sidcup, lying injured.

The case took two previous attempts to come to court before concluding today.

Joshua's mother detailed the devastating effect his untimely death has had on the whole family. Mrs Hayes, said: "This man is a habitual risk taker...without due care for his passengers, other road users and pedestrians. He could have eased our burden by pleading guilty and saved us years of pain leading up to the trial."

(Image credit:Met Police)

February 08, 2019 at 08:14AM http://bit.ly/2UVulRY Michael Murphy THESE POSTS ARE NOT OUR ENDORSEMENT

High Court rules in favour of Uber over Reading Borough Council. App does not amount to plying for hire

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The High Court has today held that use of the Uber app does not amount to plying for hire. Reading Borough Council had prosecuted an Uber driver, Mr Ali, who had been waiting for his next booking on the Uber app. He was parked lawfully by the roadside and doing nothing to attract the attention of passers-by. Read more about the background of this case Lord Justice Flaux said in his judgement: “In my judgment, there was no unlawful plying for hire in this case for a number of reasons. First, the mere depiction of the respondent’s vehicle on the Uber App, without either the vehicle or the driver being specifically identified or the customer using the App being able to select that vehicle, is insufficient to establish exhibition of the vehicle in the sense in which that phrase is used by Lord Parker CJ in formulating the two stage test for plying for hire in Cogley v Sherwood and Rose v Welbeck. That requires not just exhibition of the vehicle but its exhibition expressly or implicitly soliciting custom, inviting members of the public to hire the vehicle.” Flaux LJcontinued: “It seems to me that depiction of the vehicle on the App does not involve any exhibition of that kind, but is for the assistance of the Uber customer using the App, who can see that there are vehicles in the vicinity of the type he or she wishes to hire…If I ring a minicab firm and ask for a car to come to my house within five minutes and the operator says “I’ve got five cars round the corner from you. One of them will be with you in five minutes,” there is nothing in that transaction which amounts to plying for hire. As a matter of principle, I do not consider that the position should be different because the use of internet technology avoids the need for the phone call. “Second, it does not seem to me that the position is different because, as between Uber and the driver, the latter is a principal and Uber is an agent. Whether this agency analysis is correct has not been finally decided. However, like the Chief Magistrate and contrary to Mr Holland’s submissions, I do not consider that it has any bearing on the issue in this case. On the findings she made as to how the Uber App works, the customer has to confirm the booking after he or she is given the fare estimate and the driver in turn has to accept the booking before either of them knows the identity of the other and before the car actually comes to the pick-up point.” He ruled that as far as Uber’s model is concerned: “…there is a pre-booking by the customer, which is recorded by Uber as PHV operator, before the specific vehicle which will perform the job is identified. This is all in accordance with the transaction being PHV business, not unlawful plying for hire. There was no soliciting by the respondent without some prior booking, as he only proceeded to the pick-up point after the customer had confirmed the booking and the respondent as driver had accepted the job.” The Court refused permission to appeal to the Supreme Court.

February 07, 2019 at 08:03PM http://bit.ly/2UVulRY THESE POSTS ARE NOT OUR ENDORSEMENT