HIRING A LONDON TAXI A contradiction at the heart of the system


This creates a deeply problematic scenario: l If the hire begins at acceptance, the driver may be: l


legally compelled under the 1853 Act l bound by Equality Act duties l but not yet earning a fare


l If the hire begins at pickup, then: l


l


the Equality Act duty may still apply earlier l but compellability does not


leaving a mismatch between overlapping legal regimes


Either way, the framework is internally inconsistent.


Real-world impact: drivers & disabled passengers This is not theoretical. It has direct consequences.


Consider this entirely realistic scenario: l A driver accepts an app booking l The passenger is a wheelchair user l The driver is 10 minutes away


At that moment: l Is the driver legally compelled to continue? l Are they working without pay? l Can they lawfully cancel?


Now add commercial reality: l A street hail appears nearby l Immediate fare versus unpaid travel


If the driver cancels the app job: l The passenger - potentially disabled and vulnerable - is left stranded


If they continue: l They may be performing compelled work for no remuneration


This is not a marginal issue. It goes to the viability and fairness of the system itself.


TfL’s Public Sector Equality Duty


Under section 149 Equality Act 2010, TfL is subject to the Public Sector Equality Duty requiring TfL to: l eliminate discrimination l advance equality of opportunity l have due regard to the needs of disabled persons


A regulatory framework that: l leaves disabled passengers uncertain of their rights l allows cancellations l fails to define when duties arise raises serious questions about compliance with that duty. Because uncertainty itself can be discriminatory when it disproportionately affects those who rely most on clarity.


PHTM MAY 2026 A regulator that does not regulate?


At its core, this issue exposes something more fundamental. TfL is not just anybody - it is the statutory regulator of London’s taxi industry.


Its role is to: l interpret and apply the law l provide clarity to licensees l ensure consistent and fair operation of the system


But on this central question, it has done none of those things. Instead, we are left with: l undefined legal trigger points l overlapping statutory duties l real-world consequences for drivers and passengers


The unavoidable question


If the regulator does not know when a taxi is “hired,” how is anyone else supposed to know? Not the driver deciding whether to accept or cancel. Not the passenger wondering when they’re liable for a fare. Not the disabled user relying on statutory protections.


Time for resolution


This is not an obscure technicality. It is a structural flaw. There are only two credible paths forward: l A clear, definitive statement from TfL grounded in law


l Judicial determination to resolve the ambiguity


What cannot continue is the current position: a system where the legal moment that triggers rights and obligations is unknown. Because when the law’s starting point is unclear, everything that follows becomes uncertain.


And for a regulator, that’s not just a gap - it is a failure. A TfL spokesperson said:


“The legal framework for taxi licensing in London does not currently extend to taxi app operators; TfL’s regulatory responsibilities are limited to licensed taxi drivers, licensed vehicles and regulated fares. “TfL is continuing its engagement with Government, as highlighted in the TPH Action Plan (2025), to press for legislative change that would allow these companies to be brought within an appropriate regulatory regime. “TfL is considering the issues raised and the potential impacts on pre-booked taxi services and will update its position in due course.”


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