‘ACTION WILL BE TAKEN’: TfL are ‘actively addressing’ PHV operator court order compliance says Khan

Image credit: Greater London Authority

The Mayor of London has assured City Hall that Transport for London (TfL) are ‘ACTIVELY ADDRESSING’ a recent court order which requires all PHV Operators to move to new compliant contractual agreements.

The Mayor, Sadiq Khan, also told the London Assembly that ‘appropriate action’ would be taken against those that do not move to a compliant way of operating.

The changes follow a recent High Court judgment which ruled London PHV operators should contract directly with passengers rather than through its drivers. Operators were also told they must ensure that passengers have appropriate legal recourse in the event that something goes wrong during a private hire journey.

In the landmark December 2021 ruling, the High Court Administrative Court refused Uber’s application declaring its gig-economy business model must change.

The regulator has written to all 1,651 minicab operators in the capital requesting they change their agreements and provide proof of their new working models. TfL will not disclose the percentage of operators that are yet to move to a compliant way of working.

The changes follow a ruling which saw Uber seeking a declaration from the High Court that it is lawful for Uber’s drivers to continue to contract directly with Uber’s passengers for transport services. Uber had argued that its role was confined merely to that of an internet booking agent and that it was not party to any contract for the provision of transport.

London Assembly Member Elly Baker asked the Mayor to confirm which operators are in full compliance with the High Court decision and all TfL notices and guidance.

Sadiq Khan replied: “It is the responsibility of all Private Hire Vehicle (PHV) operators in London to ensure they are compliant with the Court’s judgment.

“Transport for London has written to all 1,651 licensed PHV operators in London asking them to provide evidence to demonstrate compliance with the Divisional Court ruling. TfL is working through the evidence received.

“It would not be appropriate for TfL to provide a commentary on regulatory activity or the specific status of each PHV operator. I can however assure you that the Divisional Court judgment is being actively addressed and appropriate action will be taken to ensure compliance, where necessary.”