Taxi leaks have been asked why Uber are being allowed to carry on operating when it's PH operators licence expire at midnight on the 30th of September (tomorrow night), when Sean Stocking -who had his licence revoked by TfL earlier this year- has been thrown out of work while he appeals the decision.
Official answer is:
Uber's licence has not been revoked, it has expired. As Uber have made an application for a renewal which has been reviewed by TfL, then under the transport act 1985 section 7(7), the old licence continues until they received a new licence or they get an official revocation.
7)Where a person holds a licence which is in force when he applies for a new licence in substitution for it, the existing licence shall continue in force until the application for the new licence, or any appeal under this section in relation to that application, is disposed of, but without prejudice to the exercise in the meantime of any power of the licensing authority to revoke the existing licence.
Whereas Sean Stockings' licence has actually been revoked so in fact he is n longer licensed to act as a licensed Taxi driver.
But, on the 30th September 2014, Leon Daniels emailed Taxi Leaks editor with his definition of the transport act in regards to licensed Taxi drivers renewing their licenses experiencing delays.
In his email he agreed with Taxi Leaks that if a Taxi driver has submitted renewal forms and supplied a current DBS certificate, then the old licence stays valid until the driver receives a renewal or a notice of revocation. Which means the driver can legally carry on working.
Interestingly Leon Daniels volunteers a caveat at the end of the email which states (in his opinion) the act applies only to the licensed Taxi Trade and not the Private Hire Trade.
See Leon's Email here: http://taxileaks.blogspot.co.uk/2014/09/and-now-for-good-news-taxi-leaks-in.html
So perhaps Leon could now explain why Uber's operation is to be allowed to continue, when in fact they are will not be in procession of a current operators licence?
As from midnight Saturday night, Uber drivers will be accepting work from an unlicensed operator....Carrying passengers acquired from an unlicensed source, could also impact on their drivers insurance!
Perhaps our wonderful New United Taxi group led by the LTDA's Steve McNamara could explain why they are not taking action against the decision to allow Uber to continue unlicensed?
After all, isn't this what their subscription paying members would expect for their money?