TPH Notice 04/22

Transport for London London Taxi and Private Hire

Private hire operators’ contracts with passengers – Roadmap

This Notice follows and supplements the information provided in TPH Notices 19-21 and 22/21 that concern the Divisional Court’s judgment given on 6 December 2021.

An important aspect of the Court’s judgment was that London private hire vehicle (PHV) operators should contract directly with passengers in the interests of public safety and to ensure that passengers have appropriate legal recourse in the event that something goes wrong during a private hire journey. It is essential from a public safety perspective, as well as in terms of regulatory compliance, for operators to ensure that their terms and conditions with both passengers and drivers comply with the law as confirmed by the Court.

Just over three months have passed since the judgment was given and by now all London PHV operators should have reviewed any terms and conditions and considered whether any changes are needed. Some operators may have already made changes and others may be in the process of making changes.

We have contacted the largest operators as well as those with imminent licence renewals since the Court’s judgment was given to ensure both that they are aware of the judgment and that they are taking steps to ensure compliance.

We plan to publish guidance to help operators better understand the judgment, its implications and what is needed to comply with it. We will also look to publish FAQs covering some common questions we have been asked.

We also plan to make a new regulation that will require all licensed London PHV operators contract as principal with the person making a PHV booking to provide the journey which is the subject of the booking.

Operators should satisfy themselves that they are compliant and take appropriate advice, where necessary, to ensure compliance. We expect all operators to take immediate action to make any changes to their terms and conditions and ensure compliance, where they haven’t already.

Operators should not wait to be contacted by TfL before ensuring they are compliant and should be prepared to demonstrate compliance, upon request, at any time.

Graham Robinson

General Manager Taxi and Private Hire Transport for London

9 March 2022

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