Uber permitted to challenge some of TfL’s new private hire rules

The company has particularly objected to a new English language requirement, to be introduced by Transport for London (TfL). From this date, new and existing private hire drivers who are “not from a majority English speaking country” will be required to provide evidence that they have passed an English language test as part of their new or renewal licence application.

Uber will not be permitted to challenge the “principle and standard” of the English language requirement, but only TfL’s insistence that there be no exemptions, according to the Evening Standard. It has also been given permission to challenge attempts by TfL to force it to open a London-based call centre and notify the transport authority of any changes to its operating model, according to the newspaper.

A High Court judge has, however, refused the company permission to challenge new commercial insurance requirements even for off-duty drivers, and the need to introduce a customer service telephone line, according to the report.

Reforms to the judicial review process introduced last year ended hearings in person for applications that a judge had ruled to be “totally without merit”.

TfL has said that its new private hire regulations “are being introduced to raise standards in London’s private hire industry, improving safety and convenience for customers”. It published the final regulations in June.

To date, Uber has been involved in a number of legal challenges in the UK, US and Europe; many of which have concerned whether or not it is a transport company or a digital service provider and the employment status of its drivers. Late last year, the High Court in England ruled that the company’s mobile app was not an illegal ‘taximeter’, in response to a challenge brought by TfL.