UBER UPDATE UK
PASSENGERS CAUGHT HOLDING LADDER IN UBER
Bizarre footage has captured the mo- ment an Uber vehicle drove through Wal- sall as two pas- sengers clung onto a ladder out of the win- dow last month. One of the passen- gers can be seen sitting in the front, with the other direct- ly behind. They both have a grip on the rungs, trying to keep the ladder steady as the sil- ver Honda Accord negotiates speed humps. According to BirminghamLive, the video was uploaded to Face- book by Mark Calver-Wilkes, who captioned it ‘no roof, rack no problem’, adding: ‘Only in Walsall’. The bemused driver decided to follow the taxi while his passengers caught it all on camera. But while many - including Mark - saw the funny side, Walsall Coun- cil has vowed to take the matter seriously. A spokesman for the local authority said: “The safety of passengers and other road users is of the highest priority to Walsall Council. Community protection officers will be speaking to the proprietor and driver of this vehicle about the matter before considering what action to take.” An Uber spokeswoman told Black Country Live: “We are currently looking into this incident. The safety of customers, drivers and the general public is a top priority for Uber.”
POLICY ON UBER IN YORK WILL REMAIN UNCHANGED
The city council should not change its taxi licensing policy towards out-of-town drivers working in York – under recommendations made to senior councillors. It was reinforced at the most recent Executive meeting on 26 September 2019 that City of York Council could face major risks, including significant costs and a legal battle in a national court, if it tries to stop Uber and other operators registered outside the area operating in York, according to a report submitted to the council. The council’s current position is that if a private hire vehicle’s three licences – operator, vehicle and driver – have all been issued by the same local authority, then the driver can accept journeys anywhere in England and Wales, regardless of where the fare starts, passes through or ends. Councillors were asked not to change this policy because, according to the report, it could lead to thousands of pounds of legal costs because in court proceedings in other districts, courts have not found out-of-town drivers to be acting unlawfully by picking up fares in other areas. The report says: “This is a national issue and the situation in York is similar to that in many other towns and cities across the country. For example, Medway Council has a statement on their website in relation to Uber which says: ‘As the law stands, at present the council does not believe that Uber is acting unlawfully within the council’s area.’ “Furthermore, Uber is not the only firm that works under the ‘triple licensing rule’ and it is said that other firms work to this model on race days in York, for example.”
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The council sought legal advice on the issue and a lawyer found that a legal opinion by Gerald Gouriet QC for the York Private Hire Asso- ciation is ‘untenable’. In other words, two legal opinions clashed; who’s to say which is correct, until and unless a court precedent is set nationally. NPHTA Board member Wendy Loveday, who is active on many fronts both locally and nationally, had spoken at the previous Licensing and Regulatory Committee meeting on these issues and asked them to be considered, in light of possible legal action being taken against Uber in different directions all over the country – not least in London, based on the ultimate licensing outcome there. The meeting she convened in Stevenage on 2 September focused on the issue of out-of-area intruders and their treatment by several licensing authorities across the UK – you can see the report on the NPHTA Activity page in this edition. Back in York, last month the council’s Executive was recommended to make no changes to the current taxi licensing policy. That is to say, they recommended the adoption of Option 1 (status quo) “and in doing so [to] consider that there is a need for increased enforcement; an assessment of the climate change implications from out-of-town taxis be made; the DfT be lobbied to bring in new legislation; and concerns about out-of-town drivers not having local knowledge be addressed.” The report said that any change to the council position on out-of- town drivers would create “a possible impact to our service, ie. national media coverage/action in a national court which could cost over ten per cent of the Public Protection budget.” The decision on 26 September was taken in light of the current two- month extension to Uber London’s private hire licence; the council could review the situation if there is a change in the law or a binding court judgment. In other words, QED. Obviously the position of the City of York Council – both in terms of legal and licensing - will be a major focus over the weeks to come, as the Uber London scenario unfolds and decisions are taken about any further legal action on that front. The domino effect may well ripple across at least half a dozen, if not more, licensing authorities in England – and York may well be one of those authorities affected by the tide of rebellion and change amongst the trade.
UBER TO LAUNCH UK DRIVER LOYALTY SCHEME AMID LICENCE BATTLE
Uber will launch a loyalty pro- gramme for its British drivers offering free education courses, roadside assistance and dis- counted car maintenance, the taxi app said just two days after it received new two-month operating licence in London. According to Reuters, Uber Pro, a tiered loyalty scheme designed to reward commitment from drivers, already operates in many countries but is now coming to Britain, where Uber has around 60,000 drivers, as part of a phased roll-out to be completed in January. “We want to do more to help drivers and their families build toward their future,” said Uber’s General Manager for the UK and Ireland Melinda Roylett. Rewards such as free courses, vehicle inspections, 24/7 roadside assistance and discounted car maintenance are available depending on the tier a driver reaches and are dependent on factors including ratings and the number of trips. Uber has made several changes to its business model over the last two years in an effort to assuage regulator concerns.
OCTOBER 2019
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