Uber wins right to challenge driver English tests

Uber has now won the right to take TFL to court over their new rules which would require its drivers to pass an English test.

TFL recently set out new rules within the industry and wanted all private hire drivers to undergo a reading, writing and listening test from the 01/10/2016, which was accepted by the High Court. The High court also agreed in principle that firms such as Uber would be required to provide a call centre service that passengers can contact during a journey.

Tom Elvidge, general manager of Uber London, said: “We’re pleased the judge has decided this case deserves a hearing.

“TfL’s plans threaten the livelihoods of thousands of drivers in London, while also stifling tech companies like Uber.”

Although Uber had initially supported the tests, they now argue that it is unnecessary for drivers to provide a certificate showing they have an intermediate level of reading and writing and it would also become costly.

Uber has more than 30,000 drivers in London and it is estimated that thousands would be affected by these rules.

TfL said: “We note that the court has refused permission for judicial review of the principle and standard of English language test, the requirement for hire and reward insurance and the ability for customers to speak to someone by telephone.

“We are determined to create a vibrant taxi and private hire market, with space for all providers to flourish.

“We look forward to the remaining issues being resolved in due course.”

Lorry and Truck insurance

Government needs to support ultra-low emission HGV market

The House of Commons Environmental Audit Committee released a report on the sustainability in transport which has received a positive reaction from the Freight Transport Association.

The report states that fiscal support will be needed as well as a regulatory reform in order to develop the market in ultra-low emission vehicles. The reform for cars would suggest to review company car taxation and for vans, a reform to the weight limitations on alt powered vehicles.

Christopher Snelling, FTA’s Head of National and Regional Policy commented “The Committee is right that more support will be needed for the purchasers of ultra-low emission vehicles if they are to take off in the market place as soon as possible.  The suggestion of considering reforming weight limitations on alternatively powered vans is welcome and should be explored further – subject to demonstrating it would not have a negative effect on safety”.

Mr Snelling proceeded to say: “The missing piece in the report is heavy duty vehicles.  From an engineering and technological point of view it is harder to decarbonise larger road vehicles – electric is not an option.  Trials of alternative power sources for lorries were made under the Government’s Low Carbon Truck Trial and a further low emission freight and logistics trial has recently been announced, but more fiscal support will be needed if these new vehicles are to get taken up by purchasers any time soon.  Currently alternatively powered vehicles only make up 0.2 per cent of the UK’s HGV fleet.”

Uber challenge new London taxi rules

Uber react to new rules put forward by Transport for London (TFL) by launching an application for a judicial review.

The new rules in London would require thousands of drivers to take an English language.

Uber have stated that the legal action was a ‘last resort’. The General manager of Uber London, Tom Elvidge stated

“We’re particularly disappointed that, after a lengthy consultation process with Transport for London, the goalposts have moved at the last minute and new rules are now being introduced that will be bad for both drivers and tech companies like Uber.”

Uber admits to supporting tests such as an English speaking/listening test however they have argued that it would be unnecessary for them to provide a certificate to prove they have an intermediate level of writing and reading.

Uber has over 30,000 London drivers that would also be affected by the new rulings.

Another rule that is causing further concern is that private hire companies will be required to run a London based operating centre which passengers are able to make contact with during a journey.

TFL issued the following statement in return to Uber, “We responded to Uber’s letter and will be robustly defending the legal proceedings brought by them in relation to the changes to private hire regulations,”.

A Rise in Compliance Officers

Mayor of London, Sadiq Khan has announced that the number of compliance officers in London will be quadrupled in a bid to crack down on illegal taxi and minicab activity.

Transport for London (TFL) will look to employ an extra 250 compliance officers by September 2017. To support the current 82 officers that TFL already employ.

Khan advised that it would “drive up standards… and help our world famous cabbies continue to thrive.”

The fully uniformed officers will be deployed across London to ensure that can drivers hold the correct insurance and documentation along with checking that vehicles are legal and road safe.

In addition they will also look to take part in operations run by other bodies to ensure wider regulations are being met by the drivers.

The BBC website posted the following figures that show between May and July TFL, Scotland yard and Westminster City Council reported;

  • 448 private hire drivers reported for not having a badge
  • 5116 private hire drivers reported for not wearing their badge
  • 65 private hire drivers reported for plying for hire offences
  • 1265 private hire drivers reported for parking on taxi ranks

The general secretary, Steve McNamara of the Licensed Taxi Drivers Association (LTDA) stated that drivers would welcome the move and that it is “fantastic news for Londoners and the black cab trade”

Steve Wright who is chairman of the Licensed Private Hire Car Association claims that many of those illegally touting for business did not work within the industry and he went on to say: Many of these people simply don’t work in the industry at all or they’re partly in the industry, they’re not fully in the industry, and for that reason we shouldn’t have to pick up all the cost”.

Steve Garelick, branch secretary of the Professional Drivers branch of the GMB union added his comments: “Whilst we broadly accept the need for improved compliance and enforcement for London and its many visitors we want to assure the travelling public that the majority of journeys are safe.

“Protection against illegality is paramount. We are concerned however that the costs borne by operators will be passed on to drivers creating further hardship.”

TFL earlier this year rejected a proposal put forward to stop “e-hailing” firms from showing customers where nearby vehicles were.

Khans announcement was backed by Tom Elvidge, general manager for Uber London who went on to advise that “It is important that people only use a properly booked car from a licensed private hire operator”

Notice for Enterprise Insurance PLC Policyholders

Please read the following it applies to all Enterprise Insurance PLC policyholders placed through Orbit Underwriting Limited.

 On 25th July 2016 the Gibraltar Financial Service Commission (the Commission) applied to the Supreme Court of Gibraltar for the appointment of a Provisional Liquidator.

The main responsibilities of the Provisional Liquidator are to protect the assets of the company and to establish its financial position. The Provisional Liquidator, together with the support of the Commission, will focus all efforts in to dealing with claims and will work alongside the relevant compensation schemes with the view of achieving the best possible outcome for policy holders.

All EIC Insurance policies are protected by the FSCS (Financial Services Compensation Scheme) please see the FSCS website for further details: http://www.fscs.org.uk/news/2016/july/update-for-customers-of-enterprise-insurance-company-plc/

Below is a link to the FSCS website explaining the level of protection under the scheme:- http://www.fscs.org.uk/what-we-cover/compensation-limits/insurance-limits/

The FSCS can be contacted directly on either 0800 678 1100 or 0207 741 4100.

The GFSC, (Gibraltar Financial Services Commission) has also provided a helpline number which is +350 200 40284.

Policy holder queries can also be directed to http://www.fsc.gi/fsc/EnterpriseStatement.htm

Further updates and Q&A’s can be found on EIC’s website https://www.eigplc.com/index.php

We have contacted Orbit Underwriting and they are awaiting clarification from EIC and until the financial position of EIC is established they are unlikely to release any further details.

What happens if I have an ongoing claim?

In general the FSCS can only pay claims once they are unhappy that the firm cannot pay their own claims. This means the liquidator would need to do their due diligence before they can declare the firm in default and pay claims.

 

Quotax would like to take the opportunity to advise our clients that Enterprise Insurance are covered by the Financial Services Compensation scheme who are updating their website regularly.

Hailo to come to an end as Daimler takes over

London taxi-hailing app Hailo has now been brought by Daimler who will look to shut down the Hailo brand and merge it was its own company MyTaxi. The company will look to rebrand by mid-2017 with Daimler owning 60% of the business and the remaining 40% being owned by Hailo stakeholders.

Hailo has been recognised on the streets of London since 2011 however it was created back in 2010 by a group of 6 including tech entrepreneurs and taxi drivers. The app was similar to the others on the current market allowing customers to book a taxi at the click of a button.

Hailo was popular within the city as it offered an ‘Uber-like’ service however using black cabs instead of private hire vehicles and its cofounders were able to build a close and positive relationship with London black taxi drivers.

As of 2013 Hailo tried to roll out the app service in New York however they failed to build a close relationship with the New York cab drivers as well as the more popular areas being dominated by the rival app Uber. Due to this Hailos New York adventure came to an abrupt end with The Independent reported in 2014 that the company had made losses of £21.5 million.

The App operates in other major cities across the UK and also in Ireland and Spain. MyTaxi also has a large base with its services currently available in Austra, Germany, Italy, Poland, Spain and Sweden.

On review on the app merging it is said that the MyTaxi brand will have 70 million passengers and 100,000 registered taxi drivers spread across 50 cities within nine European countries.

Head office will be moved to MyTaxis head office which is based in Hamburg, Germany with Hailo CEO Andrew Pinnington leading the new Company.

Injured teen taxi fare avoiders will go uncompensated

Two teens that jumped from a moving cab to avoid the £10 fare have been told they will go uncompensated by a judge.

On the 27th July 2009, Joseph Beaumont, Lewis O’Neill and four other friends were picked up by cabbie David Ferrer in Salford and asked to be taken into town. Mr Ferrer had realised the youths intent on jumping the fare.

In 2008 Mr Ferrer was in fear of his life as a group of young passengers stabbed and robbed him.

The cab stopped on Deansgate and three of the youths quickly exited the vehicle running away leaving an 11 year old, Beaumount and O’Neill in the vehicle. Mr Ferrer describe his emotion as ‘panicked’ by the memory of the previous year when he was stabbed twice and seriously injured as a result.

Mr Ferrer claimed it was ‘like déjà vu’ and it was noted that he was “justifiably aggrieved” and “angry” at the attempt to be ripped off.

He then drove off with the sliding door still open so Beaumont jumped out of the moving vehicle backwards onto the road with O’Neill following suit seconds later which caused life changing head injuries to them both.

Both men suffered severe injuries and decided to sue Mr Ferrer for a large sum of compensation and stated that he was negligent for driving off at a speed preventing them from leaving the taxi. Their lawyers argued the same statement adding that his passengers did not have seat belts on and that he should have given into the young criminals and faced the loss of his fare.

Initially the case was rejected however later appealed at London Appeals Court.

Lord Justice Longmore ruled on the case that it was “regrettably all too foreseeable” that the young men would try to run away.

He went on to state that it was “understandable” that Mr Ferrer did not want to lose his fare however there was no “excuse” for the risk he took. That being said the judge continued to rule that Mr Ferrer was “overwhelmed” by the youth’s recklessness and criminal intent. He also noted that Mr Ferrer was in a “difficult dilemma” however the youths could have strapped the seat belts on while he proceeded to the police station.

The judge stated “However, each chose not to do so but rather to position himself at an opened door of the taxi and to jump out of the taxi as it was moving away.

“Neither had any legitimate reason for this deliberate and utterly reckless decision,”

Lord Justice Longmore went on to state that there are powerful ‘”public policy” reasons to why Beaumont and O’Neill should go uncompensated. The decision is backed by the long-established legal principle in which criminals forfeit their compensation rights If they are injured during the course of an illegal act.

Lorry and Truck insurance

Collateral lies need not spoil insurance claims

The Supreme Court has stated that lying on an insurance claim shouldn’t necessarily invalidate it.

It went on to say that collateral lies that are untrue but do not affected the validity of a claim are acceptable.

The votes were in at four to one in favour of the change to one of the important principles behind the current insurance law.

This has not been met with the same view as the insurance industry warned that policy prices could rise and called it a “blow for honest customers”.

The decision came about after a case involving a Dutch cargo ship. The engine room was flooded however the owners ‘deliberately’ lied by claiming the crew could not investigate an alarm due to heavy seas. It was deemed that the accident was caused due to bad weather and therefore the lie was irrelevant according to the court.

The judge that dealt with the original court case felt the lie ‘amounted to a fraudulent device’ which in turn invalidated the claim. The Court of Appeal upheld the judgement however after it was presented to the Supreme Court, they overturned the decision.

One of the four judges, Lord Clarke stated “The critical point is that, in the case of a collateral lie….the insured is trying to obtain no more than the law regards as his entitlement, and the lie is irrelevant to the existence of that entitlement. Such a lie is immaterial to the claim.”

The judgement would suggest that if someone lost a receipt so fabricates one for the same amount, would still be able to make a valid claim.

The Association of British Insurers (ABI) has warned that insurance policies could be on the rise as a result and that they will be looking into the judgement carefully.

The ABI director of general insurance, James Dalton said “This decision risks pushing up the cost of insurance and prolonging the pay-out process for the vast majority of people who are honest customers. Lies are lies. Insurers will investigate all suspicious claims and we make no apology for doing so as it keeps premiums down for honest customers.”

The principle is thought to apply to millions or household, travel and motoring policies.

Consumer affairs expert at MoneySuperMarket, Kevin Pratt said “It will still be a fraud if you fabricate a claim, and it will still be a fraud if you exaggerate a claim,” he said.

“But insurers can no longer use so-called ‘collateral lies’ to reject a valid claim. The one worry is that, if insurers are paying more claims as a result of this ruling, then they will increase premiums.”

The 2020 plan for Oxford Street

Sadiq Khan has made big plans to tackle London’s air pollution and his office has confirmed that Oxford Street will be pedestrianised by 2020.

At the moment cars are banned from the street between 07:00 and 19:00 Monday to Saturday however the new plans ban all traffic including buses and taxis.

The new plans look to ban traffic along Oxford Street from Tottenham Court Road down to Marble Arch. They are looking to implement the ban in stages starting on the eastern section between Tottenham Court Road and Oxford Circus.

Valerie Shawcross, London’s deputy mayor for transport has stated that busses would be re-routed however did not go into detail on what plans they are looking to put into place.

Siwan Puw, policy manager at the London Chambers of Commerce, said: “The huge increase in footfall will require clear planning to maximise pedestrian safety and minimise disruption to businesses.

“Doing it in stages certainly has its advantages in that it means trading will continue more easily and any issues can be ironed out as we go along.”

A spokesman added that the project will contribute to the mayor’s aim of improving air quality and to make Oxford Street “a far safer and more pleasant place to live”

Keeping your Taxi safe and Claim free in London

Quotax have reviewed a range of different claims they have been notified about by their clients. We have noticed that certain claims could potentially be avoided so we have put together some helpful tips and advice.

Theft

We have noticed an increase in the amount of London Black Taxi’s that are being broken into within the London area over the last few months from smashed windows to forced entry to boot lids and doors.

We recommend you;

  • Park your vehicle on a driveway/garage
  • Remove valuables from the vehicle, even from the boot.
  • Try to clean your dash and luggage area as much as possible
  • If your vehicle is broken into however you only have broken windows you can put a claim in via your windscreen cover (Please check your policy for more information on costs)
  • Double check that the vehicle is locked properly

 Cyclists/Pedestrians

With many people opting to cycle or walk around London we have noticed a high increase of accident involving cyclists and pedestrians. Although some circumstances are out of your control there are ways in which you can ease the likelihood of it happening to you.

We recommend you;

  • Be more cautious when traveling in areas that are heavily populated by cyclists.
  • Look out for cyclists when you wish to turn or change lanes, even if they appear to be a distance away it is best to wait them out
  • In the event of an accident taking place and to protect you in regards to liability we strongly advise you to obtain at least two independent witnesses.
  • Be more cautions around public attractions/bus stops/train stations as these locations have high volumes of pedestrians crossing the road at not so desirable locations.
  • Make sure pedestrians have fully crossed the road before proceeding on
  • If you feel the cyclist/pedestrian may be intoxicated we advise you to contact the police and an ambulance so that they can be checked over and breathalysed.

For more helpful advice please click here https://www.quotax.net/what-to-do-in-the-event-of-an-rta/