The number of TfL PHV operators with compliant contractual arrangements in place remain protected

Transport for London (TfL) remains tight-lipped on how many private hire vehicle (PHV) operators have switched to new compliant contractual arrangements.

The Mayor of London recently said ALL of London’s 1,675 PHV operators should have reviewed their contract terms by now, but regulators have yet to reveal what percentage are now compliant in the capital.

The changes follow a recent High Court judgment which ruled that London’s PHV operators should contract directly with passengers rather than through its drivers. Operators have also been told that they must ensure that passengers have appropriate legal recourse if something goes wrong while traveling on private hire.

In the landmark December 2021 ruling, the High Court Administrative Tribunal dismissed Uber’s claim, saying its gig economy business model needs to change.

The decision follows Uber’s request for a declaration from the High Court that it is legal for Uber drivers to continue to contract directly with Uber passengers for transport services. Uber had argued that its role was limited to that of a simple Internet booking agent and that it was not a party to any transport service contract.

Ella Brown, Labor Assembly Member for London, asked the Mayor of London: ‘Given the High Court’s December ruling that private hire operators in London have a contractual relationship with passengers once booking carried out, what measures are you taking to ensure that the whole sector of the capital complies with the decree? »

Sadiq Khan, Mayor of London, responded on June 14: “It is the responsibility of all PHV operators in London to ensure they comply with the Court’s ruling. By now, all PHV operators in London should have reviewed their contractual terms and working methods and made the necessary changes.

“Operators must be prepared to demonstrate compliance, upon request, at any time.

“Following the Court’s decision, Transport for London (TfL) has prescribed a condition of license and published several TPH notices as well as detailed guidance for PHV operators.

“There are 1,675 licensed PHV operators in London. TfL works on the contractual conditions, where they exist, of each operator. The first tranche began in January 2022 with a focus on the largest operators and those whose license renewal dates are imminent. TfL has also changed its application forms and processes to ensure that all PHV operators applying for and renewing a license are aware of their obligations. TfL will continue to review the operators’ contract terms as part of the licensing process and on an ad hoc basis to ensure the Divisional Court’s ruling is complied with.

“TfL has also raised awareness of this issue with PHV trade representatives at its regular meetings and continues to liaise with individual operators who have questions regarding their compliance.”

TaxiPoint has contacted TfL regularly since mid-May 2022 to request an update on the number of operators who have signed the new compliant contractual agreements. No figures have been released yet.

TaxiPoint also asked what application would be taken if PHV operators were still not compliant. TaxiPoint is waiting for a response.

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