Taxi Driver Online

TfL invites trades to help shape regulatory framework for taxi and private hire apps

09/04/2014




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TfL press release.

Smart phone apps offer significant potential benefits to passengers, drivers and operators

· TfL sets out provisional position and invites trades to help shape regulation of this rapidly developing area

Transport for London (TfL) has confirmed that it welcomes the use of taxi and private hire apps to benefit passengers, subject to those apps meeting the high standards of public safety TfL expects.

TfL is inviting the taxi and private hire trades to provide their views on how the regulatory framework should be applied to this rapidly developing technology, while ensuring that the current highest standards of public safety and customer service in the trades are maintained.

The development of taxi and private hire booking apps offer tremendous potential benefits for customers. This includes enhanced safety and security measures – with many apps providing the passenger with a photo of the driver and their name, the registration of the vehicle and the ability to track both the approach of the vehicle and the remainder of the journey in real time.

However, the rapid pace at which smart phone based technology has been developing in recent years has led to a need for clarity about what is required in order for apps to comply with the regulatory framework in London. TfL is seeking to clarify that position and has asked the taxi and private hire trades for their input to formalise the regulatory framework and ensure there is a level playing field for all operators.

Leon Daniels, TfL’s Managing Director of Surface Transport, said: “We welcome developments that make life easier for passengers. As in many other areas of transport and retail services, apps can offer passengers the potential of better and more convenient services. We are asking the trades to embrace these advances in technology, which have the potential to further improve London’s taxi and private hire services, and have asked them to be part of the formal process to help shape the regulatory framework in this rapidly developing area.”

Constructive meetings were held recently with both the private hire and taxi trades on this issue. Discussions focused on the use of apps for private hire vehicle bookings, with TfL presenting its provisional views on the use of apps, which are as follows:

· Apps can put a customer in touch with licensed private hire operators, either by signposting a customer to a choice of licensed operators or by transmitting a customer’s data directly to a specific licensed operator. Apps that deliver this service do not in themselves ‘make provision’ for the invitation or acceptance of private hire bookings. Only a licensed operator can ‘make provision’ for the invitation or acceptance of a booking.

· While it is perfectly legal for an app to put a customer directly in touch with a licensed hackney carriage driver, any app that puts a customer directly in touch with a private hire driver without the booking being accepted by an operator first is illegal. Even if the licensed driver is also a licensed operator, the booking must be accepted at the licensed premises. A booking can not be accepted by a private hire operator in a vehicle or through a mobile phone on the street.

· Certain details, such as the date of the booking, must be recorded by operators before the start of each journey. There is no obligation to record the main destination at the time of booking unless it is specified by the customer.

· There is no obligation to quote a fare when making a booking via a private hire app unless a quote is requested.

· Smart phones used by private hire drivers – which act as GPS tracking devices to measure journey distances and relay information so that fares can be calculated remotely from the vehicle – do not constitute the equipping of a vehicle with a taxi meter.

Further discussion with the taxi and private hire trades will take place in the coming weeks to help clarify the regulatory framework for this rapidly developing technology to ensure that the current highest standards of public safety and customer service in the trades are maintained.

Looks to me the start of a brave new world.

The bookings must be taken at the licensed premises, but that doesn't, IMO, mean a real person.

Nothing stopping a computer auto taking the booking, making a record of that booking, and then dispatching to a driver.

Interesting times.

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IDFIMH

"· While it is perfectly legal for an app to put a customer directly in touch with a licensed hackney carriage driver, any app that puts a customer directly in touch with a private hire driver without the booking being accepted by an operator first is illegal. Even if the licensed driver is also a licensed operator, the booking must be accepted at the licensed premises. A booking can not be accepted by a private hire operator in a vehicle or through a mobile phone on the street. "

Which, if applied "out in the sticks" where I am, would mean 985 of my business would be deemed illegal, despite the calls being diverted from the office number to the mobile, and a number of others round here who ONLY have a mobile number!

There is a base owner here who is trying to get the Council to stop the use of mobile phones in Hackneys and Private Hire cars.

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Grandad,

Quite. We have legal jobs where there is no interaction between the office and the punter, other than electronic communications from the punters smart phones to our computers straight out to our data heads.

This is what I believe will be the norm in 5/10 years.

However I think the London Act is worded slightly different to ours.

But as I alluded to above, those draft proposals can be got around very easily.

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IDFIMH

There is a large minicab organisation in London trying to do likewise.

But they will fail.

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IDFIMH

I think it should be more down to the records that are kept rather than where the phone is answered, how are they going to know where the phone was answered or for that matter if it's an online booking where the person was when the took the booking. It's all a little silly now but proper records and proper licences should still have to be in existence imo

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

Our records are of necessity usually made up after the ride ha taken place. Personally I keep a record of journeys in the car, the mrs does her when he gets back to "the office". There's also her mobile phone record as she takes all the calls.

Smart phones used by private hire drivers – which act as GPS tracking devices to measure journey distances and relay information so that fares can be calculated remotely from the vehicle – do not constitute the equipping of a vehicle with a taxi meter

Can't see that statement standing up in court, the court will look at why the law was introduced, which is (in London) to protect the passenger from fares calculated by time and distance on a journey undertaken by a driver who has not passed the Knowledge of London.

But who's going to do the prosecuting?

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IDFIMH

You'll find out shortly.

Needless to say its not the people who should be making them comply to the London ph act, the people whose job it is to do so.

Watch this space.

The Measuring Instruments (Taximeters) Regulations 2006
http://www.legislation.gov.uk/uksi/2006 ... 304_en.pdf

Requirements for placing on the market and putting into use
4.—(1) No person shall place on the market or put into use a taximeter unless the following
requirements, or the corresponding requirements of the Directive as implemented under the law of
another member State, are met—
(a) the instrument is compliant with the essential requirements;
(b) the manufacturer has demonstrated its compliance with the essential requirements in
accordance with regulation 5; and
(c) the instrument has affixed to it the CE marking, the M marking and the identification
number of the notified body which carried out the conformity assessment procedure in
respect of the instrument.
(2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an
offence and any taximeter to which the offence relates shall be liable to be forfeited.


“taximeter” means a device that works together with a signal generator to make a measuring
instrument; with the device measuring duration, calculating distance on the basis of a signal
delivered by the distance signal generator; and calculating and displaying the fare to be paid
for a trip on the basis of the calculated distance or the measured duration of the trip, or both;

The LTDA (and others?) have started legal proceedings against Ubers illegal use of 'metered' fares which is prohibited under the London PH act.

TFL's lawyers seem to be of the opinion they're not, but then again they do as their political masters tell them to, and we all know the backers of Uber and how friendly they are with Boris, Cameron and Co.

Plus the question of exactly how are the drivers getting the work has to be addressed , Is it through a licensed operating centre or is this virtual hailing of a ph where it simply connects you straight to a minicab driver bypassing any other required system virtual or physical ?

Several attempts to visit Ubers supposed 'licensed operating centre' by drivers from the LTDF forum / Taxi leaks website, have found an unmanned office with no reply.

Is this is the case, they're taking the [edited by admin] really.

Let the fun begin.

I'm guessing London law says PH can't run with a meter, and above is a definition of a meter.

The way Uber is working, as far as I can see, isn't working with a meter as described above.

Therefore what law are they breaching?

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IDFIMH

London bases it on any 'device'.

Depends on your interpretation of device.

TFL state it would be a fitted meter, the LTDA legal folks say it doesn't have to be a 'meter' in the sense of something we'd have fitted.

I'm sure the legal people will know better than us.