A leading Union has said Uber is a danger to public safety because of the “excessive hours” worked by many of its drivers.

The GMB Union told Westminster Magistrates’ Court it had evidence that Uber “encourages and incentivises” its drivers to work long hours.

The hearing is part of the process to see whether the GMB can take part in the decision whether TfL will renew Uber’s license.

The controversial company has angered many existing companies through its loophole jumping procedures which include drivers being self employed thus able to charge 20% less than small businesses operating in the same area as well as no holiday or sick pay.

The hearing will determine whether the union can take part in the taxi app’s battle to renew its London licence.

GMB representative Gerry Facenna told the court that it wanted Uber to introduce a maximum hours cap for drivers, as well as a limit on how many drivers can operate in one area at the same time.

“From a public safety point of view, being driven around London by a driver who has worked a 15-hour shift is no better than being driven around by a driver who has not had background checks,” he added.

In response to the claims a spokesman from Uber said they would “shortly be introducing hours limits” for drivers.

But zoom.taxi spokeswoman Catriona Bogle said there would still be “loopholes” for drivers determined to work longer hours.

“Drivers working part time for multiple companies will be able to get around any rules they bring in, and some might even be doing it already now,” she said.

In February 2017, the Commons Work and Pensions Select Committee heard evidence from Uber drivers who said they were forced to work long hours to cover their costs, which included the purchase of their cars.

But the plans could have benefits, said Ms Bogle, if Uber’s artificially low wages are increased.

“Uber have artificially low wages means that drivers aren’t making enough therefore feel the need to work excessive hours,” she said. “If they were getting a fair wage, which the courts in this country have ruled, then they would work fewer hours which would mean better safety for them, their passengers and all road users.”

In response to the committee’s request on driver hours, Uber said last month that over a quarter of its drivers used the app for more than 40 hours a week and more than 2,000 drivers used the app for more than 60 hours.

Uber said on on average, drivers spent 30 hours a week logged into its app.

“We take the issue of tired driving seriously, which is why we regularly remind drivers to take rest breaks,” Uber added.

In September, Transport for London deemed Uber unfit to run a taxi service and refused to renew its licence.

Transport for London cited “public safety and security” concerns – including Uber’s approach to carrying out background checks on drivers and reporting serious criminal offences – for its decision to remove Uber’s operating license.

Uber’s licence expired in October but its drivers can continue to operate in the capital while it pursues an appeal. They are also able to exploit a loophole in the regulation which allows them to operate in London and other areas where they have been ‘banned’ by getting a license in another area. As long as their working day starts in the area which granted them a license they can operate anywhere.

The mayor of London Sadiq Khan has warned that the appeal process could “go on for a number of years”.