Questions to the Mayor of London – answered on 23rd May 2022.
What has TfL done to assist PHV operators understand its expectations of them further to the ruling in the UTAG vs Uber case in December 2021?
The Court’s judgment is clear that in order to operate lawfully under the Private Hire Vehicles (London) Act 1998 a licensed operator who accepts a booking from a passenger is required to enter into a contractual obligation with the passenger to provide the journey which is the subject of the booking.
It is the responsibility of all London private hire vehicle (PHV) operators to familiarise themselves with the judgment and to ensure they are compliant with it.
On the day the Court handed down its judgment (6 December 2021), Transport for London (TfL) immediately published a TPH Notice. The Notice provided a link to the judgment and also made London PHV operators aware that they would need to take steps to ensure that they comply with it, including considering whether any changes to their contractual terms and operational processes were required. TfL subsequently published three more TPH Notices (22/21, 04/22 and 06/22) which reiterate that PHV operators must ensure they are compliant with the Court’s judgment and if needed, make immediate changes to their contractual terms and ways of working to ensure compliance.
In addition, TfL has prescribed a licence condition to ensure all London PHV operators are aware of their obligations and responsibilities and published guidance to assist London PHV operators consider whether their contractual terms and ways of working need to be changed to ensure they are compliant.
TfL has contacted the largest operators as well as new applicants and those with imminent licence renewals since the Court’s judgment, as a first tranche, and has amended its application packs to ensure that all PHV operators applying for, and renewing, a licence are aware of their obligations.
TfL has also discussed this with trade representatives in its regular meetings and continues to liaise with individual operators who have any concerns or enquiries relating to their compliance.