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PostPosted: Wed Aug 07, 2019 12:14 am 
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This is almost a carbon copy of the several news pieces from Thurrock a few months ago - local trade complaining to council, council asks Uber to make changes, Uber telling them 'no can do' (to put it politely), and council obtaining legal advice to effect that there's nothing they can do, as Uber acting legally.

Which is hardly surprising on an operational level since they're neighbouring authorities, but on the other hand it does underline the pointlessness of all these different councils doing much the same thing :?

viewtopic.php?f=2&t=33642


Uber refuses to withdraw from Brentwood, after council told it to make major changes

https://www.essexlive.news/news/essex-n ... er-3175632

The ride-sharing app accounts for a quarter of local taxi journeys, but other drivers aren't happy

Image
Image: Essex Live

Uber has refused to make any significant changes to its activities in Essex, after being told to withdraw from Brentwood or apply for a fresh licence.

The Brentwood Borough Taxi Drivers Association (BBTDA) wrote to Brentwood Borough Council detailing the issues they say they are facing due to the rising number of drivers in the town who are licensed elsewhere.

This was followed by a council meeting discussing whether to ban Uber from the area in June.

Uber drivers are not licensed by Brentwood Borough Council, but receive their licenses from Transport for London (TFL).

The BBTDA says because Brentwood “has no control” over the vehicles registered to TFL it is unable to respond to complaints, making any malpractice difficult to deal with.

Uber accounts for a quarter of journeys

Members also claimed the changes were causing “the erosion of localism and a local trade based upon drivers who live and work in the borough and develop strong and positive relationships with their customers”.

However, according to legal advice provided to the council, Uber is not officially ‘operating’ in the town or doing anything unlawful.

And now Uber has rejected requests it apply for a licence through Brentwood Borough Council.

The council admits over the last two to three years there has been a steady rise in the number of Uber vehicles active in the area, as they spread outside of London on their TFL licences.

It says this is “having a significant impact on the level of business for the local licensing Hackney Carriage and private hire trade”.

An estimated 25 per cent of taxi journeys in Brentwood are now being made through Uber.

How Uber's licence works

The law requires the private hire operator, private hire vehicle and the private hire driver are all licensed by the same authority, commonly known as the “triple lock licensing system”.

The triple lock or trinity of licences, which is required for an operator to conduct business lawfully, is met with Uber holding an operator’s licence issued by TFL and using drivers and vehicles which are also licenced by TFL.

There is no geographical restriction on where the drivers may start and finish a journey booked with a lawfully-run operator.

It means Uber can operate under the “cross border hiring” provisions, allowing an operator in one authority to take a booking in another authority’s area, providing that they dispatch a vehicle and driver licensed by the authority that issued their operator’s licence.

The council wrote to Uber requesting it remove the Borough of Brentwood from its 'London and surrounding areas region', or apply for an operator licence with Brentwood.

It also asked to licence all drivers who are predominantly working in this area with Brentwood, but the company refused.

A refusal from Uber

In a letter to the council, Eugenie Teasley of Uber, said: “I am afraid that we are not going to be making any significant changes to our business, or applying for new licences, in the near future.

“As I expect you and your licensing committee are aware, the Government is currently considering reform of the national taxi and private hire regulatory framework.

“This means that we cannot justify making further changes to our systems until we have greater clarity of next steps in that regard.

“When we have an idea about the broader national picture, I would like to revisit the idea of applying for an operator’s licence with Brentwood.

“In the meantime, perhaps we could set up a meeting to review the systems and processes we have put in place to date and to see what else we can do to work better together.

“I would of course be keen to continue working with you and your officers to ensure we can collaborate as effectively as possible.”

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Image: Tim Easthope/Birmingham Mail/Essex Live


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PostPosted: Wed Aug 07, 2019 12:15 am 
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Joined: Wed May 16, 2012 6:33 am
Posts: 3855
Quote:
The law requires the private hire operator, private hire vehicle and the private hire driver are all licensed by the same authority, commonly known as the “triple lock licensing system”.

The triple lock or trinity of licences, which is required for an operator to conduct business lawfully, is met with Uber holding an operator’s licence issued by TFL and using drivers and vehicles which are also licenced by TFL.

There is no geographical restriction on where the drivers may start and finish a journey booked with a lawfully-run operator.

It means Uber can operate under the “cross border hiring” provisions, allowing an operator in one authority to take a booking in another authority’s area, providing that they dispatch a vehicle and driver licensed by the authority that issued their operator’s licence.


Good explanation of the law, that =D>


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PostPosted: Wed Aug 07, 2019 8:26 am 
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Members also claimed the changes were causing “the erosion of localism and a local trade based upon drivers who live and work in the borough and develop strong and positive relationships with their customers”.

Best they express those concerns to the local MPs and the DfT.

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PostPosted: Wed Aug 07, 2019 11:21 am 
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Perhaps Brentwood Council should prosecute uber for misleading advert on vehicles in the light of their recent Westminster Court appearance where they were found guilty of operating vehicles without the correct insurance.


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PostPosted: Wed Aug 07, 2019 1:39 pm 
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Poober have been given the green light to do anything they want,usually by labour councillors and drivers flock to them thinking what a good thing 'this is ',until they bellyache that there is too many drivers!.interesting to note that the local(Sheffield) deliveroo/just eat ' riders are proposing to join a union .its all down hill from here!.


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PostPosted: Wed Aug 07, 2019 3:29 pm 
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.its all down hill from here!.


as much as i would love that to be the case History has shown that whilst unions might get slightly improved T & C s ultimately they don't transform the business they work in

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PostPosted: Thu Aug 08, 2019 7:36 am 
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The question must be asked, in light of Uber's recent conviction, as to who checks the drivers and vehicles that Uber use are actually insured, in areas like Brentwood?

It would appear no-one, other than maybe Uber themselves.

And that has been shown by the courts to be flawed.

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