TfL’s High Court injunction orders Addison Lee to stop encouraging drivers to drive in bus lanes – Important Update regarding Private Hire Access to Bus Lanes
John Griffin and Addison Lee ordered not to cause, encourage or assist private hire vehicle drivers to use Bus Lanes marked for use by taxis
John Griffin and Addison Lee undertake to remove from website press release reporting instruction to drivers to use Bus Lanes
Court declares indemnity given by John Griffin and Addison Lee to drivers in respect of Bus Lane fines and liabilities void and
John Griffin and Addison Lee undertake not to repeat their offer to pay Bus Lane fines and liabilities.
Further to TPH notice 05/12 issued on Sunday 15 April 2012 and notice 06/12
issued on 17 April 2012 (which included information for private hire drivers and
operators), Transport for London (TfL) can confirm that an application was made to the High Court on Monday 16 April and a hearing took place before Mr Justice Eder on Monday 23 April.
Mr Justice Eder, having heard from TfL and Addison Lee, handed down judgment on Thursday 25 April 2012:
Granting an interim injunction preventing John Griffin and Addison Lee from causing, encouraging or assisting PHV drivers to use Bus Lanes marked for use by taxis; accepting an undertaking by John Griffin and Addison Lee
(i) to remove from the Addison Lee website a press release reporting that Addison Lee had instructed drivers to use Bus Lanes and (ii) not to instruct drivers to use Bus Lanes; declaring void and unenforceable the indemnity given by John Griffin and Addison Lee to drivers in respect of Bus Lane fines and liabilities; accepting an undertaking by John Griffin and Addison Lee not to repeat the offer of an indemnity in respect of Bus Lane fines and liabilities.
Breach by John Griffin or Addison Lee of the court’s order, of the undertakings given to the court, is a contempt of court, which could lead to imprisonment or a fine or the seizure of assets.
This notice is a reminder to all private hire drivers that:
Driving a PHV in a Bus Lane, during the hours when the Bus Lane is operative (and other than to pick up and set down passengers) is a criminal offence.
If you drive a PHV in a Bus Lane, you will be personally liable to criminal prosecution, irrespective of any indemnity given by
Addison Lee or anyone else.
The court has declared that the indemnity given by Addison Lee to their drivers in respect of Bus Lane fines and liabilities is void and unenforceable.
TfL has power to suspend or revoke a PHV operator’s or driver’s licence if it is no longer satisfied that the licence holder is fit to hold such a licence.
Please take note that:
drivers who repeatedly contravene traffic regulations, including by intentionally driving in Bus Lanes, other than to pick up or set down passengers, may be considered unfit to
hold a PHV driver’s licence; and
operators who encourage such conduct may be considered unfit to hold a PHV operator’s licence.
TfL requests operators to bring this notice to the attention of all their PHV drivers.
If you have any questions with regards to the contents of this notice, or you
require advice or guidance then please contact us directly via firstname.lastname@example.org or 0845 602 7000.
26 April 2012
Director,Taxi and Private Hire