TfL to ask High Court to clear up dispute over smart phones and taximeters

Transport for London is to ask the High Court to rule on whether the use of smart phones by private hire drivers constitutes the equipping of a vehicle with a ‘taximeter’.

Taxi drivers have expressed concern at smart phones that use GPS technology to measure the time and distance of a journey and then receive information about fares.

TfL said its provisional view was that smart phones used in this way by private hire drivers did not constitute equipping their vehicles with a taximeter. Only taxis in London can use taximeters.

“However, given the level of concern among the trade, and the fact that some of the legislation in this area is unclear and able to be interpreted in various ways, TfL is to invite the High Court to give a binding determination on this issue,” the organisation, which regulates and licenses the taxi and private hire trades in the capital, said.

TfL recently conducted its largest ever compliance investigation into app provider Uber’s record keeping and business model.

This found that the company met the current requirements on record keeping, including in relation to ensuring its drivers held the relevant licenses and insurance.

However, the regulator said it remained “concerned about certain technical aspects of Uber’s operating model” and this was being addressing with the operator.

TfL added that – “to avoid any future ambiguity” – it would hold a consultation with the trades on what amendments might be necessary to the regulations on recording particulars of private hire bookings, including journey destinations, “to keep them clear and relevant in a changing world and to promote public safety”.

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, but we must ensure that the highest standards of safety are being met.  

“We have carried out the largest compliance operation in our history to ensure that the highest standards are being maintained. More needs to be done. We will consult with the trades to ensure the regulations are kept up-to-date. On the issue of taximeters, the law is unclear and we have taken a provisional view. We will be asking the High Court to provide a binding ruling. This is the sensible approach, and we hope that London's taxi drivers and private hire drivers and operators will work with us to bring clarity on this issue."