(Sept. 29, 2017) On September 22, 2017, Transport for London (TfL), the transport authority responsible for the city’s public transport network and main roads, announced that it would not issue Uber a new private hire vehicle license. (Press Release, Licensing Decision on Uber London Limited, Transport for London (Sept. 22, 2017); What We Do, TRANSPORT FOR LONDON (last visited Sept. 26, 2017).) The Private Hire Vehicles (London) Act 1998 mandates that private hire vehicles have a license to operate in the London area, and Uber’s current license expires on September 30, 2017. (Licensing Decision on Uber London Limited, supra; Private Hire Vehicles (London) Act 1998, c. 34, LEGISLATION.GOV.UK.)
When determining not to issue a new license, TfL made the decision that Uber was not a “fit and proper” private car hire operation. Specifically, it noted:
TfL considers that Uber’s approach and conduct demonstrate a lack of corporate responsibility in relation to a number of issues which have potential public safety and security implications. These include:
- Its approach to reporting serious criminal offences.
- Its approach to how medical certificates are obtained.
- Its approach to how Enhanced Disclosure and Barring Service (DBS) checks are obtained.
- Its approach to explaining the use of Greyball in London – software that could be used to block regulatory bodies from gaining full access to the app and prevent officials from undertaking regulatory or law enforcement duties. (Licensing Decision on Uber London Limited, supra.)
The result of the decision is that, pending any appeals, from September 30, 2017, Uber will no longer to be able to lawfully operate its private hire vehicles within London. The CEO of Uber has announced that the company will file an appeal. (Sarah Butler & Gwyn Topham, Uber Stripped of London License Due to Lack of Corporate Responsibility, GUARDIAN (Sept. 22, 2107), (London).)
Uber currently has 40,000 drivers and 3.5 million customers in the London area. (Id.) This is not the first legal incident that Uber has faced while operating in the United Kingdom. It is currently in the process of appealing a decision from the employment tribunal, which held that Uber drivers are workers and are entitled to paid vacation days and the minimum wage. (Aslam, Farar et al. v Uber (2016), Case Nos.: 2202550/2015 & Others, Courts and Tribunals Judiciary website; Adam Lusher, Uber to Deny It Is Part of the ‘Gig Economy’ While Challenging Landmark Order to Give Drivers Employment Rights, INDEPENDENT (London) (Sept. 26, 2017).)
