Industry bodies warn chauffeurs on the use of hire appsThe use of mobile apps within the Chauffeur and Private Hire industry is being questioned after fears some of them are not legal and any driver downloading one could find themselves uninsured, operating illegally and potentially having their PHV Licence revoked, points on their driving licence and a hefty fine – that’s according to lawyers and major industry trade bodies.
The Licensed Private Hire Car Association (LPHCA) is currently in the midst of lengthy discussions with Transport for London, the Department for Transport and others as it is certain that some apps are categorically breaching not only Private Hire Regulations that cover Minicab, Chauffeur and Executive Drivers and Operators, but are also potentially breaching Taxi regulations.
In the Chauffeur and Executive world, apps can enable customers to book cars, the same applies to taxis, but whilst this is all hi-tech, questions are being asked whether it is legal for the PHV driver and safe for the customer.
The Taxi industry and the Licensed Taxi Drivers Association (LTDA) recently highlighted in its Taxi newspaper that some app providers could be operating in contravention of the laws that regulate the minicab industry.
The LTDA goes on to explain “Some of these apps are in fact ‘metering journeys’ which is absolutely illegal”. Others in the industry have said some apps are effectively ‘street hailing’, which is the domain of taxis only because PHV drivers have not done the ‘Knowledge’ tests that taxi drivers have to undergo to earn the right to become available on the streets.
The LPHCA goes further and a spokesperson told TheChauffeur.com; “PHV Drivers are being seduced into joining a new breed of operators’ that work ‘in the cloud’. Some of these operators in our view are compromising safety because they are not taking the full booking details at the point of booking, which is illegal and has several safety implications.”
“Drivers who receive such bookings via apps are potentially committing a serious offence and compromising themselves and public safety. Operators sit between the travelling public and drivers for good reasons both regulatory and safety. If a driver is found receiving bookings in such a way these app Operators are likely to ‘walk away’ and deny any liability as they have done in the USA citing their terms and conditions.”
The Association is advising any PHV drivers to take caution before downloading and using some very high profile apps. “Drivers should be aware that they may be aiding and abetting illegal activity, which could put them in the dock and not the app provider”, it warns.
Drivers are being urged to contact their local licensing office to make sure they are operating within the law if they are using apps to generate work. Traditional Private Hire Operators, in light of the serious risks of being associated with unlicensed activities, are likely to dismiss any driver found to be working with rogue apps and may even take legal action if such services are found to have been provided within a company vehicle, which may very well become uninsured.
http://www.thechauffeur.com/industry-bo ... hire-apps/
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