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news
Addison Lee logo on whiteAddison Lee loses bus lane ban case at European Court of Justice
Addison Lee has lost a case at the European Court of Justice in which it argued that a Transport for London (TfL) not to allow private hire firms to use bus lanes in the capital was against European competition law since it conferred an unfair economic advantage on licensed taxi drivers.
The proceedings, brought by the London-based minicab firm’s subsidiary Eventech, are separate to those relating to a judicial review of TfL’s policy in which a decision from the Court of Appeal is pending.
The latter proceedings date back to 2012, the same year in which Addison Lee’s founder and chairman John Griffin’s controversial remarks about cyclists saw a boycott of the company and a die-in staged outside its offices.
He also told the firm’s 4,000 drivers to use bus lanes pending the outcome of the judicial review and said the company would indemnify them against any fines and other costs they incurred.
TfL subsequently secured an injunction that ordered the firm to withdraw his instruction as well as the offer.
Like the High Court in the 2012 judicial review, the ECJ has held that taxis, which are permitted to use bus lanes, differ from minicabs.
In its judgment, the ECF said that taxis, due to their "legal status, are in a factual and legal situation which is distinct from that of minicabs, and consequently those two categories of vehicles are not comparable."
It noted that different standards applied to taxis instead of minicabs, including having metered fares, drivers having to pass the ‘Knowledge’ and requirements regarding their vehicles.
As a result, it said that TfL’s bus lane policy did not give taxi drivers a selective economic advantage over minicab operators.
While its argument under European competition law has met a dead end, Addison Lee is trying to have the 2012 High Court decision overturned at the Court of Appeal, which heard the case in April 2013 but has not yet issued its judgment.
Reacting to the ECJ decision, Leon Daniels, TfL's managing director of surface transport, commented: “Our policy on bus lanes was upheld by the High Court.
"We welcome the opinion from the Advocate General and now the European Court of Justice, but ultimately await the decision of the Court of Appeal.
“As this process continues we are maintaining our well-understood and effective policy that helps to keep London moving in the interest of everyone.”
In his 2012 judgment on the judicial review, High Court judge Mr Justice Burton said: “There is to my mind a clear distinction between the need of black cabs (and their passengers and the public) for them to be in the bus lanes, by way of visibility and availability of, and access to, black cabs for those hailing a cruising taxi.
He added: “I consider it makes entire good sense for black cabs to be travelling in bus lanes. Minicabs just do not have the need to use the bus lane, and black cabs do.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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32 comments
If I lived in that london reckon I'd a gone batshit and given someone a good talkin to by now.
My commute across London is a daily round trip of 30km which includes passing through kings cross going out and coming back - masses of black cabs queued by the station.
I have found over many years of cycling in London that black cab drivers are a mixed bag. Some are competent drivers that follow the rules of the road exactly, others seem to have forgotten the rules or are too indifferent to care. Some seem militant, especially towards cyclists.
Last week my missus and I had stopped in the asl zone (bicycle box) waiting for lights to change. Black cab driver then drove forward through red light into the bike box, to end up touching the ASL line so he was just two feet sideways of me. Sunday morning, so the road was empty.
I asked him what he was doing as he was putting our safety in danger and committing an offence, and he said 'its alright I made sure I could see you first'.
I politely replied that the bike box is not for motor vehicles, its an offence (£100 fpn and 3 points on the license) and its not the action of a professional driver.
I got a mouthful of abuse in reply, which was strange because there was a family of 4 sitting in his cab. He then edged forward of the ASL so he didn't have to speak to me, and as soon as lights changed, sped off in a cloud of smoke...
I've seen this sense of entitlement many times from black cab drivers, as well as sudden lane changes without indication, and the dreaded 'taxi u-turn' without indication, which 10 years ago put a courier friend of mine in hospital with 2 broken femurs, but that's another story.
ban black cabs too. It's my experience that they are convinced they are the kings of london roads, as such giving me on 2 wheels 20cm of space is fine as that was how much they intended to give.
Yup I've met decent cabbies, cycling cabbies even but weekly my experience is of being frightened and angry by their lack of respect, it's galling that they are given such privileged access.
If bus lanes are for mass transport how come buses "not in service" can use them and this surely is just a huge Chelsea tracker for the driver's privilege, and these seem to have the idea of "GET OUT OF MY WAY".
I'm very happy Addison Lee and other private hire firms can't use the bus lane but black cabbies are hardly paragons of driving virtue. Many use the weave and drift technique to get ahead of traffic without use of indicators and with little heed of safe space when overtaking cyclists.
Really?
Don't see what the issue is myself.
Regards,
A Northern Cyclist.
Thin end of the wedge, Mate. How much it will hurt is decided by the weight and force of the hammer blow applied to the other end.
Remember. What happens in London today will happen elsewhere tomorrow.
Whilst we're discussing bus lanes can we please have a report from our Liverpool Correspondent with regard to the on-going saga of the Bus Lane Debacle (i.e. the removal of).
I think the argument for allowing taxis and/or minicabs in bus lanes is that it makes not owning a car more appealing, and so is thought to reduce the total use of cars on the roads.
I'm skeptical that black cabs reduce the amount of traffic by much. Do people really take cabs rather than own a car? A lot of cab journeys are for very short distances that people take because they are on expenses.
And you have to add in the additional traffic caused by cabs cruising around with no passenger in them.
Good!
My company stopped using AL after i told my boss about the rabid abuse i was subjected to by one of their drivers for taking primary on a narrow road. He was held up for about 17 seconds and it cost his company about £1000 a year, i know they don't give a shit but it made me feel a lot better anyway.
As a regular on central London's roads I can only say I am delighted at this decision.
Since we do have to share lanes I would much rather with busses and black caps than anyone else - at least both these sets of drivers have committed themselves to proper training and licensing.
AL present a constant menace with their appalling attitudes and dreadful driving standards
While we are at it can we get the not-busses (the open topped tours and coaches) out of our lanes too please?
Is a bit strange you can pay to avoid the traffic. But..
http:// en.m.wikipedia.org/wiki/ZiL_lane
Yep all you need is an oyster card and a bus.
Do you even need an oyster card? I was under the impression that any proximity usable bank card was now ok?
Yes, any contactless bank card will work, you need to pre-register the card you use on the website though.
The "ZiL lanes" were only for the Olympics.
I've used a contactless debit card on London Underground and buses on multiple occasions without pre-registering it.
As for black cabs - I use them now and again, if you have luggage (and on occasion, a dog) and need to get from say West End to Paddington quickly, it's a very attractive option to taking the Tube and at less than a tenner pretty good value to do away with the hassle.
I've also found most drivers, when they ask me what I do, are very supportive of cyclists. But they're not fans of Addison Lee. Or pedicabs
That's interesting, I had to register my card before it would work. Maybe they've removed that now.
No problem with most black cabs - clearly there are occasional people who believe they own the roads but IME they're a lower proportion than average. I only use them to get to places I don't know in London, otherwise I'll Boris-bike, but a mate once bought a new TV and got it and himself delivered home by cab for less than the delivery cost - try doing that on the Tube!
Becuase buses use the same amount of road-space per passenger as taxis? Hardly a comparable thing.
In the case of buses you are contributing to the reduction in traffic by creating less of it yourself. The logic is those who don't create the traffic have grounds for not being stuck in that created by others.
Taxis are in those lanes on an entirely different basis - essentially that of Zil Lanes, as the previous poster suggested. Paying to avoid traffic.
Yep all you need is an oyster card and a bus.
Addison Lee has opened another front in this campaign. They recently gave half a million pounds to the Tories.
On behalf of anyone who has cycled in London: Ha. Ha. Ha. Hahaha. Hahahahaha. Hahaha.
My least favourite bus lane is the one going South over Putney Bridge where occasionally I’ve had taxis revving up aggressively and getting dangerously close up behind me thinking that it is safe to pass between me and the queue of cars to the right. I’ll stick to primary thank-you!
Situations like this make me wish taxis would just clear out of bus lanes altogether. If they do need to pick-up and set-down in a bus lane, perhaps the rules should be changed so that they can use bus lanes for that purpose only, and then need to move back into the traffic lane as soon as the passenger doors have closed.
Like other comments here I can’t see the justification for black cabs in bus lanes. If they were electric maybe, but they polute as much as the next car.
Good. Why not go further and ban them from the roads full stop, thus putting them out of business.
Addison Lee, in my experience, are possibly the most aggressive and dangerous drivers out of any of the easily recognisable groups. The number of times i've been subject to punishment passes and verbal attacks is ridiculous, and they have no time for complaints either.
This does raise the question as to why black cabs are allowed in bus lanes in the first place.
Surely bus lanes are there for the benefit of mass-transit, for the people? For the greater good? Not for private individuals who are able to afford a polluting black cab all to themselves?
Because MPs and their rich mates use black cabs. Black cabs have shown by their constant appalling driving that they don't deserve to use the bus lanes, and their vehicles stink something rotten.
I think it's more to do with the fact that it is a properly licensed trade. It has a qualification required, a criminal record check, black cabs are required to pick you up and take you where you want to go by the shortest route, their fares are clear, the size and type of vehicles is set out and the regulations are more stringent for safety purposes, there is a professional body regulating the drivers which can adjudicate on disputes and which has a code of conduct. As such black cabs form part of a transport infrastructure for London.
By contrast minicabs require no qualifications other than a driving licence, are not necessarily regulated by meters, there's no criminal record check so they are not allowed to pick you up off the street, are not trained to or required to take you by the shortest route, could indeed ask you to pay the fare and leave you wherever that happens to be, short of your destination, can use any vehicle, size or type. They are not a regular part of the transport infrastructure any more than a private vehicle is.
That's why.
Nah. Kie77 has it right. You give no reason why those things you mention are important or justify the use of bus lanes.
Black cabs are only part of the transport infrastructure for those who can afford to use them. Those people tend to include those who make the decisions about things like bus lanes.
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