Uber wins appeal against London ban

The licence review in the British capital was one of several legal battles for the US ride-hailing app

FILE PHOTO: A photo illustration shows the Uber app and London themed postcards in London, Britain June 26, 2018. REUTERS/Simon Dawson/Illustration/File Photo
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Uber won an appeal against a London ban on Monday after a judge ruled that the company was "fit and proper" and could secure an 18-month licence in the British capital despite its "historical failings".

Deputy Chief Magistrate Tan Ikram said the ride-hailing company could restore operations after Transport for London (TfL) revoked its licence in November last year for the second time over safety concerns.

"Despite their historical failings, I find them, now, to be a fit and proper person to hold a London PHV (private hire vehicle) operator’s licence," Judge Ikram said in his written verdict.

"I do, however, wish to hear from the advocates on conditions and on my determination as to the length of a licence."

The city's mayor Sadiq Khan said TfL will closely monitor Uber and take "swift action" should the taxi app "fail to meet the strict standards required to protect passengers".

Uber has "implemented a number of changes to improve passenger safety and "address the issues we identified", a TfL representative said separately.

Uber's licence removal last year was the latest stage of a long-running battle with London's transport regulator in one of its most important markets. TfL refused to grant the Silicon Valley-based company a new licence due to what it called a "pattern of failures", including thousands of trips conducted where drivers other than those advertised picked up passengers.

This was the result of an Uber system change that allowed unauthorised drivers to upload their photographs to other Uber driver accounts, resulting in a minimum of 14,000 uninsured trips across the city, TfL said.

While some of these journeys were undertaken by unlicensed drivers, others involved "dismissed or suspended drivers" creating Uber accounts to carry passengers.

Tfl concluded that the company was "not fit and proper" at the time, despite moves by Uber to correct the issues.

The latest court win for Uber is the first of a two-pronged process to regain its London licence, with the second a negotiation with TfL, which has the power to approve the length of a new licence.

The licence review is one of several legal battles the US firm is fighting. In its home state of California, lawsuits against the company include drivers demanding expanded employment rights which would severely affect its gig-economy business model if successful.

To find Uber “fit and proper" to operate the judge had to be satisfied that it had the qualities and capabilities reasonably expected of a private-hire vehicle operator, the company said in written documents.

Uber's licence was first revoked in 2017 before a judge restored it on a probationary basis.

At the Uber hearing earlier this month, Uber was accused by the Licensed Taxi Drivers’ Association, which represents some of London's black cab drivers, of attempting to hide the fraudulent use of photo identification by some drivers from the regulator. Uber “emphatically rejected” the allegation.