UTAG granted Judicial Review that could effectively open up taxi plying-for-hire definition argument

The taxi industry has won the right to a Judicial Review which could effectively open up the long standing trade argument over the definition of plying for hire.

Taxi representatives United Trade Action Group (UTAG) were granted the review by Senior High Court Judge, Mrs Justice Lang DBE on Tuesday. The review will focus on Transport for London’s (TfL) decision to grant Transopco an operator's licence on the FREE NOW / Kapten booking platform.

Speaking on the ‘Black Cab Show’ podcast, UTAG Director Trevor Merralls, told the host that the case will focus heavily on how private hire vehicles (PHV) cannot be pre-booked on the app, but licensed taxis can. On the same FREE NOW app, PHV’s can however be ordered via an ‘immediate pre-booking’, which has drawn discussion over what is an immediate hail and what is a pre-booked journey.

Hackney Carriage taxis are the only vehicles that offer their services immediately. Private hire drivers can only offer their services via an operator taking a pre-booked job offer.

A spokesperson from Chiltern Law said via social media on Tuesday: “Another win today for UTAG and the trade. Permission granted to JR transport for London which will involve further scrutiny of Plying for Hire arguments and the Reading decision.”

A spokesperson from trade organisation United Cabbies Group (UCG) said: “The decision to allow UTAG’s Judicial Review and let them argue in court that Private Hire Vehicles (PHV) are plying-for-hire via an app has shown that Reading is NOT the end of the argument.

“UCG has always held this view and today that view has been vindicated.

“We ask all orgs to support this and fight to maintain our rights”