Uber are to sued in America over the death of a child, on New Years Eve.

In the article to which the link takes you, a couple of important points are raised

1. A Uber driver without a fare, is not a Uber driver.

2. The App is unlawful, it is a Mobile telephone and cannot be used handsfree, the App distracts the driver.

Whilst the first argument would fail here in the U.K. The second may not.

1. Section 56 of the LGMPA 1976 makes it clear any booking made through a Licensed operator is a contract between the Operator and the Customer.

2. The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003

 A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

It may be interesting to see the outcome of this case. It starts tomorrow.

http://tinyurl.com/o5a8x49