Transport for London welcomes opinion of Advocate General on bus lane policy
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Decision from European Court of Justice expected later this year
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Case will ultimately be referred back to UK’s Court of Appeal
Transport
for London (TfL) has welcomed the opinion of the Advocate
General, who advises the European Court of Justice (ECJ) in Luxembourg,
on the case brought by Eventech,
a subsidiary of Addison Lee, that challenges TfL’s policy of allowing
taxis, but not private hire vehicles, to use bus lanes in the capital.
Leon
Daniels, TfL’s Managing Director of Surface Transport, said: “Our
policy on bus lanes was upheld by the High Court. We welcome the
opinion from the Advocate General and
now await the decision of the European Court of Justice and 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.
“Taxis
are allowed to drive in bus lanes in London because they can ply for
hire, whereas minicabs cannot. It would be more difficult to hail a
taxi, especially on a busy road,
if the vehicle concerned was not near to the kerb.
Unlike minicabs,
taxis are required to be wheelchair accessible and their ability to use
bus lanes is of great benefit to wheelchair users.
Allowing tens of
thousands of minicabs to drive in bus lanes would
also impact on the reliability of bus services and risk inconveniencing
the six and a half million passengers who travel on buses each day.”
Mr Justice Burton agreed, noting in his judgment: “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
went on to note: “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”.
The proceedings were brought by Eventech, a subsidiary of Addison
Lee, against the Parking Adjudicator, which arose from Penalty Charge
Notices issued by Camden Council for illegal use of the Southampton Row
bus lanes. Both the London Borough of Camden
and Transport for London were named as interested parties. The High
Court upheld TfL’s bus lanes policy in 2012 and the Court of Appeal
hearing took place in April 2013. The Court has decided to refer the
issue of state aid to the ECJ.
There are around 23,000 licensed taxis in London and approximately 53,000 licensed minicabs in the capital.
There are around 23,000 licensed taxis in London and approximately 53,000 licensed minicabs in the capital.
