Transport for London v Uber London Ltd [2015] EWHC 2918 (Admin) (16 October 2015)

Transport for London v Uber London Ltd [2015] EWHC 2918 (Admin) (16 October 2015)

Uber PHVs are not equipped with a taximeter within the meaning of section 11 of the 1998 Act because the smartphone used by the driver is not a device for calculating fares, but merely transmits data to a remote server where the calculation occurs; the vehicle is not 'equipped' with the server or the smartphone in the statutory sense.

Citation
[2015] EWHC 2918 (Admin)
Parties
Claimant: Transport for London; First Defendant: Uber London Limited; Second Defendant: Licensed Taxi Drivers Association; Third Defendant: Licensed Private Hire Car Association
Jurisdiction
England and Wales
Judgment Date
16 October 2015
Procedural Posture
Administrative Court Application for Declaration / Judgment on Statutory Construction and Grant of Declaration
Outcome
Declaration granted in favour of TfL and Uber; no order as to costs.
Legal Topics
Statutory Interpretation, Regulation of Private Hire Vehicles, Use of Technology in Fare Calculation, Licensing Offences
Administrative Law Criminal Law Transport Law Statutory Interpretation Regulation of Private Hire Vehicles Use of Technology in Fare Calculation Licensing Offences

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Parties

Transport for London

Claimant

Uber London Limited

First Defendant

Licensed Taxi Drivers Association

Second Defendant

Licensed Private Hire Car Association

Third Defendant

Procedural Posture

Administrative Court Application for Declaration / Judgment on Statutory Construction and Grant of Declaration

Legal Issues

  1. 1 Whether Uber PHVs are 'equipped with a taximeter' within the meaning of section 11 of the Private Hire Vehicles (London) Act 1998
  2. 2 Whether the use of a smartphone and remote server for fare calculation constitutes a prohibited taximeter

Ratio Decidendi

Uber PHVs are not equipped with a taximeter within the meaning of section 11 of the 1998 Act because the smartphone used by the driver is not a device for calculating fares, but merely transmits data to a remote server where the calculation occurs; the vehicle is not 'equipped' with the server or the smartphone in the statutory sense.

Court Disposition

Declaration granted in favour of TfL and Uber; no order as to costs.

Orders

  • A taximeter, for the purposes of Section 11 of the Private Hire Vehicles (London) Act 1998, does not include a device that receives GPS signals in the course of a journey, and forwards GPS data to a server located outside of the vehicle, which server calculates a fare that is partially or wholly determined by...