'Pedicab' firm loses hackney carriage licence appeal

The UK's largest pedal-powered "pedicab" firm today failed to halt a High Court bid to reopen the issue of whether its riders need hackney carriage licences.

Bugbugs Ltd, a not-for-profit company which was formed in 1998, owns 54 pedicabs and has 300 registered riders, who hire the rickshaws from Bugbugs and then charge members of the public to be carried around London.

It appealed against the refusal of a Master - a senior court official - to "strike out" a claim by the Public Carriage Office of Transport for London for a declaration that, in the city, a pedicab is a hackney carriage.

Different considerations apply outside the capital because the legislation is different.

Its counsel, David Wolfe, told Mrs Justice Swift, in London, that the issue had been decided in Bugbugs' favour by the courts three times before - in 1999 and twice in 2003.

"That's the position we say should remain, and we say TfL are abusing the process of the court in seeking to reopen the question at this stage and should not be permitted to do so."

But, the judge said that in all the circumstances, the Master was "fully entitled" to dismiss the application to strike out.

She said that it was generally agreed that a system of regulation was necessary for the safe and efficient operation of pedicabs, and TfL had now decided that the most convenient and effective way forward was to include them in an amended form of the hackney carriage licensing regime.

It was clear that TfL could not proceed with its proposed course unless and until it had an authoritative decision as to whether, in law, a pedicab was a "hackney carriage".

TfL's application for a declaratory judgment related to a matter concerning the responsibilities of the State towards potential passengers of pedicabs and other road users, as well as to the operators and riders of pedicabs.

It was not a case where purely private interests were involved.

She rejected the claim that TfL's conduct amounted to "unjust harassment" of Bugbugs.

"TfL has a duty to consider the interests of parties other than Bugbugs. It is, as I find, seeking to do this in what it considers to be the most effective manner."

She said that TfL had sought to mitigate the difficulties caused to Bugbugs by the litigation by agreeing to pay a substantial sum towards its costs of opposing TfL's application, and had embarked upon a wider process of consultation about the licensing of pedicabs.

"These are not in my view the actions of a party seeking to harass or act unjustly."