CITATION: City of Toronto v. Uber Canada Inc. et al., 2015 ONSC 3572 COURT FILE NO.: CV-14-516288 DATE: 20150703
Re: the above
On the 3/ 07/ 2015, Über Technologies inc. admitted under oath that from the point where a passenger determines to find a car (and driver) to the point where the passenger is in the car they (Über) are not party to the procedure.
A rudimentary description follows that software is downloaded in advance of the intended is activated by the passenger at the time and place of his/ her choosing. The server then relays messages between the passenger and prospective drivers using their respective versions of the App. The driver himself then directly makes the booking. Accordingly, none of the respondents can be described as meeting statutory regulations of either a Taxi or PHV/D business model, as set forth and arbitrated by Transport for London (TFL).
TfL Operator License terms state that a Private Hire Booking can only be accepted by a licensed operator at their registered operating centre. A driver is permitted to hold an operators license but a moving vehicle cannot be considered as a registered operating centre.
The conclusion therefore is that Über are operating outside the terms of their operators license, and because the sequence of the booking procedure is referenced regularly by TfL, the primary assumption is either Uber are guilty of misapplication or TFL are abusing procedure by allowing Uber to operate by their own self- determined parameters.
Although TfL are steadfast in not discussing individual circumstances that might effect their PHO license , I would assert that the licensing criteria, and any change thereof , is solely the province of TfL. The Operator merely obliges the criteria, or has that now changed? Any alteration made specifically to this criterion constitutes a fundamental change in the way PH are pre-booked, and I don’t recall it’s inclusion as part of the lengthy and thorough PH consultation?
For reasons pertaining to safety, the remit of TfL has a concomitant responsibility to ensure the London’s taxi industry, both driver and vehicle, meet stringent licensing requirements. For the most part this has worked well, therefore I trust you will look in to this issue as the potential consequences related to further indistinction between taxis and PH is not to be welcomed.
Sean Paul Day