Taxi Driver Online

TFL PRESS RELEASE 26th April 2012.



TfL’s High Court injunction prevents Addison Lee from instructing its drivers to use bus lanes

· Court ruling also labels Addison Lee ‘indemnity’ as void and unenforceable
· Court rejects Addison Lee claim that an instruction had not been issued
· TfL urges private hire drivers to note the ruling and continue to obey the law

Following a ruling from the High Court today (Thursday 26 April) Addison Lee is prevented from instructing or encouraging its drivers to drive in bus lanes and must remove the statement on its website instructing drivers to do so.

The Court also declared that the ‘indemnity’ Addison Lee issued to its drivers on 14 April offering to pay for fines and other costs when they drove in bus lanes was “void and unenforceable“, and cannot be repeated.

Leon Daniels, TfL’s Managing Director of Surface Transport, said:

“Today’s judgment prevents Addison Lee from instructing or encouraging its drivers to drive in bus lanes in London. The court felt compelled to grant an injunction because of the substantial risk of Addison Lee taking action that could result in the law being broken. We maintain that Addison Lee’s instruction to its drivers was irresponsible and at odds with its position as a private hire operator.

“Bus lanes enable buses to move around the capital efficiently carrying more than six million passengers a day. We maintain that allowing tens of thousands of Private Hire Vehicles to drive in bus lanes would impact on the reliability of our bus services, and risks inconveniencing our customers.”

The interim injunction will remain in place until judicial review proceedings, on the issues of private hire in bus lanes, conclude.

Despite the instruction from Addison Lee we are pleased to see that, last week the vast majority of private hire drivers continued to obey the law and not drive in bus lanes.

Ends

Notes to editors:

The full written judgment handed down by Mr Justice Eder is available from the Royal Courts of Justice – Courts Recording and Transcription Unit – 020 7947 7820.

In his written judgment Mr Justice Eder noted that:

Despite protestations to the contrary…..it seems to me plain that Mr Griffin and Addison Lee have, in effect, been characterising the Notice sent to AL’s PHV drivers on 14 April as an “instruction”.

The judgment went on to note that:

Mr Griffin and Addison Lee have embarked on a media campaign throughout last week to encourage as many as possible of their PHV drivers to use bus lanes, including by apparently exaggerating the number of contraventions

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Addison Lee.....response;

TfL fails in its bid to silence Addison Lee over bus lanes

Apr 26, 2012

Transport for London has been forced to abandon its application for a mandatory injunction requiring Addison Lee and its chairman John Griffin to withdraw their letter to drivers stating that they are entitled to drive in London bus lanes and to send out a further letter instructing them not to do so.

Mr Justice Eder, who handed down judgment today following a High Court hearing on Monday 23 April 2012, has instead confirmed that it is for drivers to choose whether or not they drive in bus lanes pending the resolution of Addison Lee’s legal challenge to the validity of the bus lane legislation.

The judge noted Addison Lee’s argument that the bus lane legislation as it stands constitutes “flagrant discrimination in favour of black cabs” and against private hire vehicles and that this “gave black cabs a significant unfair competitive advantage causing [private hire vehicle] drivers significant loss”. The Judge recognised the urgency of the problem by ordering that Addison Lee’s claim should be expedited so that it is determined by the High Court before the Olympic Games.

In the meantime, the Court has confirmed that it would be entirely lawful for Addison Lee to decide, after any fine has been imposed on a driver for driving in a bus lane, to reimburse that driver in respect of the fine should it wish to do so.

John Griffin, chairman of Addison Lee said: “This is a great start to our campaign to challenge the unfair bus lane legislation. We hope to fully overturn the legislation to offer faster journey times to our customers and to offer a competitive transport service during the Olympic Games.”


http://www.addisonlee.com/press/read/561

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Two press releases saying different things.

Good news that the case is being brought forward.

Good for who, only time will tell.

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IDFIMH

The Court also declared that the ‘indemnity’ Addison Lee issued to its drivers on 14 April offering to pay for fines and other costs when they drove in bus lanes was “void and unenforceable“, and cannot be repeated.

I think a few of their drivers will be upset to hear this

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

Youre right.....you got to feel sorry for all those drivers caught during the past few days

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

But the second press release says, in effect, that Mr Griffin can do what he likes with his money, and that includes meeting any fines/costs that AL drivers get via bus lane contraventions.

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IDFIMH

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I would place a wager on Addison Lee winning the case.....but licensed vehicles being removed.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

But he can't take their penalty points or stop them losing their badge can he ?

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

I think what is meant by this is that if AL decide not to reimburse their drivers the said drivers can't apply to the small claims courts for it to be paid

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

For a taxi anorak, who loves the law, fascinating.

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IDFIMH

No penalty points can be given for those offences, but if AL win the case then TfL have been told to reimburse any loses.

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IDFIMH

I think AL would love to keep this judge, although they have the money to go all the way to Strasbourg.

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IDFIMH

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

An natural end to a contract is not a termination.

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IDFIMH