As you are aware, on 06/12/21 the High Court ruled that in order to operate lawfully under the 1998 PHV act, an operator accepting a private hire booking is required to enter into a contractual obligation with the passenger to provide the journey. An operator is the transport provider!
Subsequently TFL issued TPH notice 22/21 on 20/12/21. The notice states ‘PHV operators should not wait to be contacted before satisfying themselves that they are acting within the regulatory regime and being prepared to demonstrate this compliance to TfL, upon request, at any time’ AT ANY TIME!
Having checked the largest PH operators (Uber London, Freenow/Transopco, Bolt, Addison Lee) terms and conditions, not one operator has complied. All state drivers as the transport provider! All are operating unlawfully!
Why are TfL, the regulator, allowing this non compliance?
In regards to Uber London Ltd, the operator that sought the declaration, I note with interest, their operating licence expires on 27/03/22. I also note, on TfL’s licensing web page,
Renewal packs are dispatched approx 4 months before expiry. TfL also warn operators to submit their applications ‘as soon as you can’ ‘any delay may affect your application being assessed and affect your ability to continue trading’
Given Uber London Ltd have not complied with the High Court, can we then assume that Uber have not submitted or have submitted an incomplete application? This would surely be intentional. Will TfL facilitate and process in a short period to allow Uber to continue trading?
Will TfL afford other licensees the same courtesy, both taxi & private hire? Or is it a case of ‘special treatment’ ?