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Private hire operator Addison Lee has lost its legal challenge to allow its vehicles to use London’s bus lanes. In April the firm instruct- ed its drivers to go in the bus lanes, which are currently restricted to London buses and licensed hackney car- riages. The company was hoping to overturn an April ruling in the High Court that prevent- ed its drivers from using the lanes, following the injunction obtained by Transport for London preventing the firm breaking the rules. However, at the con- clusion of a three-day Judicial Review on 19, 20 and 21 June, Mr Justice Burton rejected Addison Lee’s case in his written Judgement on 11 July, stating that the reason behind the TfL bus lane policy was “obvious and com- pelling”. “There is to my mind a clear distinction bet- ween the need of black cabs (and their passen-
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gers and the public) for them to be in the bus lanes, by way of visibil- ity and availability of, and access to, black cabs for those hailing a cruising taxi,” he said. “I consider it makes entire good sense for black cabs to be travel- ling in bus lanes... Minicabs just do not have the need to use the bus lane, and black cabs do.” Addison Lee had argued that the ban on its drivers using the bus lanes was a restriction under Euro- pean Law of the right to provide services, and that
it distorts
competition. TfL said it was “pleased that the Court had recognised the important distinc- tion between taxis and minicabs”. “Londoners will doubt- less also be pleased to
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know that the court has ordered Addison Lee to meet TfL’s costs in defending this claim,” Leon Daniels, TfL’s managing director of surface transport, told the Guardian. “Taxis will continue to use the capital’s bus lanes, enabling them to pro- vide the unique and wheelchair accessible service so valued by many passengers.” The ruling is the latest stage in a protracted battle by Addison Lee chairman John Griffin for access to the lanes, which included him lobbying former trans- port minister Philip Hammond. The firm said it was “extremely disappoint- ed” with the judge- ment. John Griffin said: “The current bus lane legislation is anti-com- petitive and unfairly
discriminates against millions of Londoners who use private hire vehicles every day. There is no reason for black taxis to have a monopoly on bus lanes – we should either all be in or all be out. We still believe that the cur- rent legislation is a breach of EU and UK law. You can’t discrimi- nate between two types of taxis and we will continue to fight this injustice.” A spokesman for the firm said Addison Lee would be seeking leave to appeal to the Court of Appeal and would be requesting an early reference to the Court of Justice of the European Union (CJEU) which inter- prets EU law to make sure it is applied in the same way in all EU countries.
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www.phtm.co.uk august 2012 The official newspaper of the National Private Hire Association ADDISON LEE LOSES
ADMIN COURT CHALLENGE TO LONDON PHV BUS LANE ACCESS
0844 225 1313
www.auriga.co.uk
issue 239 issue 239 by Trapeze
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