Pedicabs win cab court fight

There are plans to regulate trishaws

Taxi drivers have failed in a High Court bid to force tricycle rickshaws to be licensed in a similar way to black cabs.

A judge ruled the new form of pedal-powered London transport, which is becoming increasingly popular with tourists, could not be classed as Hackney carriages.

The decision was a victory for Bugbugs, a company owning a number of the vehicles - known as trishaws or pedicabs - operating around London's tourist spots.

There are currently about 350 pedicab drivers in London and run by seven companies.

The Licensed Taxi Drivers Association (LTDA) asked Mr Justice Pitchford to rule pedicabs did have to be licensed as hackney carriages under the 1869 Metropolitan Public Carriage Act.

The LTDA argued it was necessary to licence pedicabs so they could be regulated "to protect the public" from unscrupulous operators, although it was not saying Bugbugs and its drivers fell into that category.

If we had lost this case we would have had to reconsider our operations - it could have put us out of business Cathy Stuart from Bugbugs

Dismissing their appeal, the judge said that - "strange as it may appear" - pedicabs had to be deemed to be "stage carriages" as each individual passenger was charged a separate and distinct fare for their seat.

The judge added: "I recognise pedicabs plying for hire are subject to no licensing regime, which may be regarded as an unwelcome consequence."

But, said the judge, he had been told such a licensing regime was expected to be prepared within the next few months.

A private prosecution against Bugbugs Ltd, in which cabbies claimed the company was plying for trade illegally, was thrown out at Tower Bridge Magistrates' Court in March.

RICKSHAW FACTS There are about 350 rickshaws in London There are seven rickshaw companies There are about 120,000 black cabs Rickshaws were introduced as an experiment in environmentally-friendly transport in London

Outside court, Cathy Stuart, from Bugbugs , said: "We are obviously delighted. It is the decision we hoped for."

Bugbugs, which owns about half of the pedicabs in London, was set up five years ago as an experiment in environment-friendly transport.

Ms Stuart said: "If we had lost this case we would have had to reconsider our operations. It could have put us out of business."

The LTDA has been given permission to take its case to the Court of Appeal on the basis the case raised an issue of public importance.