MInicab firm loses JR challenge over bus lane policy in London

A High Court judge has rejected a judicial review challenge over Transport for London's policy of allowing black taxis but not minicabs to use bus lanes in the capital.

The judicial review was brought by Eventech, a subsidiary of minicab firm Addison Lee, against the Parking Adjudicator.

The legal action came after the London Borough of Camden issued penalty charge notices for illegal use of bus lanes at Southampton Row. The local authority and TfL were interested parties in the case.

TfL told the High Court at a hearing last month that it made the distinction in its policy because taxis can play for hire, unlike minicabs. It said that it would be more difficult to hail a taxi if the vehicle concerned was not near to the kerb.

It also feared a significant impact on bus services if licensed minicabs – of which there are an estimated 50,000 in London – were allowed to use the lanes.

Ruling in TfL’s favour, Mr Justice Burton said: “There is to my mind a clear distinction between the need of black cabs (and their passengers and the public) for them to be in the bus lanes, by way of visibility and availability of, and access to, black cabs for those hailing a cruising taxi.”

He added: “I consider it makes entire good sense for black cabs to be travelling in bus lanes. Minicabs just do not have the need to use the bus lane, and black cabs do.”

The judge ordered Addison Lee to pay TfL’s costs in defending the claim.

Leon Daniels, TfL’s Managing Director of Surface Transport, said: “We are pleased that the court has recognised the important distinction between taxis and minicabs and the services they provide. 

“Taxis will continue to use the capital's bus lanes, enabling them to provide the unique and wheelchair accessible service so valued by many passengers.”

But Addison Lee reacted angrily to the ruling, describing it as "anticompetitive and unjust".

Chairman John Griffin said: "We are extremely disappointed with the judgement. The current bus lane legislation is anticompetitive 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."

Griffin reiterated his belief that the current legislation was in breach of EU and UK law. “You can't discriminate between two types of taxis and we will continue to fight this injustice,” he said. 

TfL obtained an injunction in April this year after Griffin wrote to the company's drivers suggesting they should use bus lanes.