Judge supports trishaws over black cabs after street rivals end up in High Court

Pedal power emerged victorious yesterday in the battle between the nation's taxis and its rickshaws. In one of the more unusual disputes to come before the High Court, a company which offers rides around London in three-wheeled cycles, also known as trishaws or pedicabs, defeated a demand from the capital's drivers of black cabs for the trade to be licensed.

A judge reluctantly threw out an appeal by the Licensed Taxi Drivers Association (LTDA) against a ruling that pedicabs are exempt from the licensing regime that applies to London's 120,000 black cabs. Mr Justice Pitchford said Victorian-era rules covering the private-hire industry meant that, in the eyes of the law, the cycles were the same form of transport as stage coaches and could not be licensed.

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

Beyond the arcane technicalities of the 1869 Metropolitan Public Carriage Act, the case highlighted an atmosphere of simmering resentment between the taxi and trishaw trades which threatens to break into open hostility.

The LTDA claims that the pedicabs are an unnecessary addition to the streets in London's West End. Richard Massett, the LTDA executive in charge of bringing yesterday's case, said: "We are very disappointed to have lost because we cannot see the benefit to Londoners of having these vehicles on our roads. They are clogging up bus lanes, causing more congestion and operating without supervision in a way which means they charge whatever they can. We would rather see them disappear."

Despite operating in the cities of South-east Asia for more than a century, trishaws are a recent addition to Britain. But, in the past five years, they have become a common sight in town centres, with companies operating in cities including Liverpool, Oxford, Manchester and Edinburgh.

London has the largest number of pedicabs, with an estimated 350 vehicles and seven companies operating services.

Bugbugs, the trishaw company taken to court by the LTDA, accused the cab drivers of trying drive the pedicab industry out of business.

Cathy Stuart, one of the co-directors of the company, which owns 140 trishaws, said: "There is no way that we are a serious threat to the black cabs. Not only have trishaws cut down on pollution but they have created jobs. If we had lost this case it could have put us out of business."

Others involved in the trade, however, said that it could only grow successfully if licensing was introduced.

Jim Geeling, co-director of London Pedicabs, which owns 60 trishaws, said: "There are rogue pedicab operators who have caused some problems and we actively accept that licensing should be brought in to regulate the trade. But I don't think the cabbies have anything to worry about. Pedicabs are picking up fares that taxis simply don't want - less than mile."

Transport for London, which regulates the private-hire vehicle industry, said that it was drawing up proposals for regulation, which would be finalised early next year.