Uber can fight TfL in court over English exams spat, rules judge

Taxi app claims new TfL measures will affect thousands of drivers.

Jennifer Baker

Are you talkin' to me? In English?

Taxi Driver, Columbia Pictures

Uber has the right to challenge Transport for London in court over mandatory new English tests for drivers, a High Court judge has ruled.

In June, TfL said that that new and existing private hire drivers will have to meet “B1 level” English if they are “not from a majority English speaking country.” The rule is due to come into force from October 1.

Uber initially welcomed the idea of basic English tests, but later argued that the proposed £200, two-hour written exam “is harder than the test for British citizenship,” and claimed it could put thousands of potential drivers out of work.

“We’re pleased that the judge has decided this case deserves a hearing. TfL’s plans threaten the livelihoods of thousands of drivers in London, while also stifling tech companies like Uber,” said general manager of Uber London Tom Elvidge on Friday.

TfL’s new licensing proposals for private hire drivers also includes requirements for them to take out commercial insurance—something Uber claims is unfair, as many of its drivers only work part-time. The plans also state that the San Francisco-based company should inform TfL before making any changes to its operating model.

A Transport for London spokesperson said: “We note that the court has refused permission for judicial review of the principle and standard of English language test, the requirement for hire and reward insurance and the ability for customers to speak to someone by telephone.” Uber will be able to ask for exemptions to be put in place.

Uber, under the rules, will also be required to set up a London-based 24-hour call centre to assist customers. Uber complained that there isn't a similar requirement for the capital's black cabs.

“The changes to private hire regulation were made to enhance public safety and we are determined to create a vibrant taxi and private hire market, with space for all providers to flourish. We look forward to the remaining issues being resolved in due course,” the TfL spokesperson said.

Uber said it planned to challenge the legality of several of the new rules.

Uber faces antitrust probe in China

Meanwhile, Uber faces a different kind of regulatory heat in China. The country's competition authority Mofcom confirmed on Friday that it would investigate the merger of Uber China with Didi Chuxing over monopoly concerns.

Uber chief Travis Kalanick announced the takeover plans in a blog post at the beginning of August:

Uber and Didi Chuxing are investing billions of dollars in China and both companies have yet to turn a profit there. Getting to profitability is the only way to build a sustainable business that can best serve Chinese riders, drivers and cities over the long term.

I have no doubt that Uber China and Didi Chuxing will be stronger together.

However, Mofcom had warned that it would investigate the deal if the companies’ turnover met the threshold for review.

“Businesses should closely follow relevant provisions in calculating their turnover and file notification,” said a spokesperson at the the antitrust authority. “If some business should file notification to Mofcom, but fails to do so before its merger, it will be held legally accountable and Mofcom shall initiate an investigation in accordance with law.”

Ars sought comment on this story from Didi, but it hadn't immediately got back to us at time of publication.