TAXIS' SPECIAL STATUS: High Court ruling ‘will have ramifications across London’ says UTAG Director
The recent High Court Streetspace ruling ‘will have ramifications across London’ says UTAG Director.
Last week the High Court ruled that the Mayor’s and Transport for London’s (TfL) ‘Streetspace for London Plan’, including the Bishopsgate changes, were 'unlawful'.
The judge found that the needs of disabled Londoners were “not considered", and described parts of the EQIA as “perfunctory or non-existent”.
The landmark judgement follows a judicial review mounted by the London taxi trade, challenging the Mayor and TfL’s Plan, associated Guidance issued to London Boroughs and the Order concerning a specific Streetspace scheme, the A10 Bishopsgate Corridor in the City of London, which removed taxi access to a key arterial route.
The Court has now ordered that the Streetspace Plan, Interim Guidance to Boroughs and the A10 Bishopsgate Traffic Order be quashed, following the judgement.
In the case, heard at the High Court’s Planning Court on 25 and 26 November 2020, Senior High Court Judge, Mrs Justice Lang DBE found overwhelmingly for the Claimant taxi trade bodies, United Trade Action Group (UTAG) and the Licensed Taxi Drivers Association (LTDA).
The true ramifications of the ruling are beginning to emerge whilst transport regulators TfL attempt to appeal the judgment.
Trevor Merralls, UTAG Director, told TaxiPoint: “The street space ruling is very important for the licensed taxi industry, it reiterated our special status both in factual and legal terms. It will have ramifications across London.”
The ruling could have a far reaching impact on other ‘Low Traffic Neighbourhoods’ (LTNs) and cycle lane schemes both in and outside of London too. A key part of the High Court ruling saw London’s black cabs described as public transport.
Merralls added: “The taxi trade successfully argued that we are a form of public transport and only two vehicles are publicly hired; that’s buses and taxis. I’m sure that other cities across the UK have taken note of the decision in London and will take on board Hackney Carriages' special status.”
Since the successful ruling, private hire driver unions have also called for access to be granted to them too. Currently in London there are over 107,000 private hire drivers licensed working for operators that include Uber, Bolt and Addison Lee. By comparison there are only 21,000 licensed taxi drivers in the capital.
Despite the swift move made by private hire representatives, Merralls believes they face an uphill struggle to obtain similar access.
Merralls said: “The licensed taxi trade successfully argued our special status, our legitimate expectation to ply-for-hire, both buses and taxis are publicly hired.
“Private hire are not a form of public transport. They are not publicly hired they are privately hired and they have no such legitimate expectation.
“I think they will struggle to win any legal argument and it’s worth noting the ECJ ruling from 2015. It follows that black cabs and mini cabs are in factual and legal situations which are sufficiently distinct to permit the view that they are not comparable.”
There has however been one element of sadness in the response from the taxi trade’s UTAG Director, arising from the TfL response following the High Court judgement.
A TfL spokesperson said soon after the judgement was released: “We are disappointed with the court’s ruling and are seeking to appeal this judgment. Temporary Streetspace schemes are enabling safer essential journeys during this exceptionally challenging time and are vital to ensuring that increased car traffic does not threaten London’s recovery from coronavirus.
“We absolutely recognise the need for schemes such as our Bishopsgate corridor to work for the communities they serve and have worked hard to ensure that people across London, including those who use taxis, can continue to get to where they need to be. We also recognise the need for schemes to be delivered in a fair and consistent manner and have worked closely with the boroughs to create clear guidance for implementing schemes, updating this regularly to reflect what we have learnt. These schemes will stay in place pending our appeal."
Merralls responded saying: “I am shocked by TfL’s response after what was a very damning judgement. Let’s not lose sight that this is tax payers money they are wasting.”
And finally, what’s next for UTAG? Will they continue their successful partnership with the LTDA?
Merralls said passionately: “UTAG is set up to defend the interests of the London taxi trade. Bishopsgate proved to all that not only will UTAG talk the talk it will walk the walk.
“UTAG will continue to seek donations from drivers and stakeholders so we can take TfL to court and hold them responsible in an economic tort. I see no reason why UTAG wouldn’t work with the LTDA or anyone for that matter to protect the trade's interests.”
