Tuesday 26 June 2018 4:01 pm

Why did TfL strip Uber of its licence and what did it do to get it back?

After months of deliberation, Uber was today granted a 15-month licence after persuading Westminster Magistrates' Court that it had changed its ways and was now a "fit and proper" operator in the capital.

City A.M. looks back at why TfL took the dramatic decision last year and what Uber did to try and win it over and regain its licence.

TfL's qualms

Reporting serious criminal offences

Among the most serious of Tfl's concerns was Uber's apparent reluctance to report criminal incidences to the Metropolitan Police. Uber has said it took this line because it did not want to breach the rights of the passenger, who may have not wanted to take the matter further.

However, in the run-up to the appeal, Uber has said it now "proactively" reports crimes to the police. If a driver is a victim of a serious incident, Uber now reports it to the police if the driver wants it to do so on their behalf. It has also carried out a review into any outstanding issues.

Driver background checks

TfL was concerned that Uber drivers were accepting bookings rather than Uber itself, allowing drivers to escape vetting by the regulator.

Uber says its app now makes it clearer to passengers that all bookings are accepted by Uber London and not individual drivers, giving them the licensing authority and private hire licence number of their driver in both their electronic receipt and on their booking confirmation. This means passengers can more easily raise any issues with the driver’s licensing authority as well as with Uber.

Driver medical certificates

TfL was concerned that the medical checks carried out on Uber drivers over the internet were not robust enough. It said: "A satisfactory and reliable medical examination, which includes measuring the blood pressure and eyesight of the applicant, could only be conducted in person."

Use of regulator-blocking software Greyball

Uber was found to have used Greyball, software designed to block law enforcement, in certain jurisdictions. In a sting operation in the US, the software used geolocation data, credit card information, social media accounts to help Uber identify that the individuals were from the regulator and then avoid picking them up and avoid being ticketed.

While Greyball was never used in the UK, a number of Uber employees, including the former UK general manager Jo Bertram, were looped into an email discussing its use to evade regulatory enforcements in other jurisdictions. TfL wrote to Uber about the matter, describing its correspondence as "frankly frustrating" in court.

Uber apologised for its "inadequate" communication with TfL, and stressed that some of those involved no longer work for the company. Despite being appointed as director of Uber London Limited on 18 August 2017, Bertram resigned from that post later that month and by the following month had left the company altogether.

Has it really changed?

Uber believes so. Its lawyer, Tom de la Mare QC, said there had been a "clean break in personnel" and that the company had transformed from a business that "grown very fast to one that has grown up".

In the end, Chief Magistrate Emma Arbuthnot agreed, saying: "Inevitably such a young business suffered a number of growing pains which have not been helped by what seemed to be the 'gung-ho' attitude of those running the business in the very recent past. The attitude of the previous managers of ULL [Uber London Limited] appeared to me on the evidence to be that of grow the business come what may.

She continued: "Taking into account the new governance arrangements, I find that whilst ULL was not a fit and proper person at the time of the decision letter and in the months that followed, it has provided evidence to this court that it is now a fit and proper person."

Full list of Uber changes

Appointing three independent non-executive directors to our UK boards, as part of a wider set of culture and governance changes
Introduction of driver hours limits
24/7 telephone support for passengers and drivers
Proactively reporting serious incidents to the Metropolitan Police, rather than placing the onus on drivers and passengers
New driver advisory groups to help with feedback
A range of free insurance coverage for independent drivers and couriers across Europe including sickness, injury and maternity and paternity payments
Major changes to cross-border driving so that drivers can only use the app in the region where they are licensed.
Changes to the app in London to make clear to riders that Uber London has accepted their booking and that their driver has been licensed by TfL