THE DRAFT DEREGULATION (TAXIS AND PRIVATE
HIRE VEHICLES) ORDER 1998
1. On 8 June 1998, the Government laid before Parliament the draft
Deregulation (Taxis and Private Hire Vehicles) Order 1998, together
with a Statement from the Department of the Environment, Transport
and the Regions[1]. We
have already reported on the Government's original proposals for
this draft Order[2].
2. The draft Order would amend the Local Government Miscellaneous
Provisions Act 1976 to make it lawful for local authorities in
England and Wales to recognise a Northern Ireland unrestricted
driving licence in an application for a taxi or private hire driver
licence.
3. The original proposal that was laid before Parliament contained
two provisions. Following our consideration of the provision relating
to Northern Ireland driving licences, we concluded that it met
the criteria against which we are required to judge it. We recommended
that a draft Order in the terms of the provision relating to Northern
Ireland driving licences should be laid before the House[3].
4. The original proposal also included a provision to amend the
Transport Act 1962 to remove a restriction on the use of private
hire vehicles for the provision of substitute rail services when
a passenger train service is discontinued or disrupted. We were
informed during the period for Parliamentary consideration, that
the Department had reconsidered their interpretation of the legislation
and had concluded that there was in fact no regulatory restriction
on the use of private hire vehicles for the provision of substitute
rail services[4]. We were
informed that, when laid, the draft Deregulation (Taxis and Private
Hire Vehicles) Order 1998 would not include a provision relating
to the use of private hire vehicles for substitute rail services[5].
5. Although we did not examine this provision in detail, we believed
that it was appropriate for us to raise a number of concerns which
were expressed during our early deliberations.
6. We were concerned that
(i) there were no existing requirements for Train Operating
Companies to provide accessible transport for disabled passengers
in the event of disrupted services[6];
(ii) unlicensed private hire vehicles could be used for
the provision of substitute rail services in London[7];
(iii) there might be other statutory provisions which
were not passed on to Train Operating Companies under franchise
agreements[8].
7. We have received no acknowledgment of our concerns, and
we will be writing further to the Department.
8. We asked the Department whether the previous statutory restriction
on the use of private hire vehicles could be re-introduced through
a Code of Conduct[9]. The
Department has informed us that the Association of Train Operating
Companies (ATOC) have confirmed that most train operators do not
use private hire vehicles, although in some rural areas there
may be no alternative, particularly when disruption is unexpected[10].
ATOC has also confirmed that there have been no problems reported
when private hire vehicles have been used. The Department agrees
with ATOC that a Code of Practice would be unnecessary.
9. The House has instructed us to consider the extent to which
the Minister has had regard to "any other representations
made during the period for parliamentary consideration."[11]
The Department did not provide details of whether further representations
were received during this period in their Explanatory Memorandum.
It has however since confirmed that no further representations
were received relating to the provision for Northern Ireland driving
licences[12].
Report under Standing Order No. 141
10. We recommend unanimously that the draft Order should be
approved.
1 Copies of these are available to Members from the
Vote Office and to members of the public from the Department of
the Environment, Transport and the Regions. Back
2 Second
Report, Proposal for the Deregulation (Taxis and Private Hire
Vehicles) Order 1998, HC 559 of Session 1997-98. Back
3 ibid,
paragraph 28. Back
4 ibid,
evidence page xxv. Back
5 ibid,
evidence page xxv. Back
6 ibid,
paragraphs 14 and 16. Back
7 ibid,
paragraph 18. Back
8 ibid,
paragraph 19. Back
9 ibid,
evidence page xxvi. Back
10 Evidence
page x Back
11 Standing
Order No. 141(5)(B). Back
12 Evidence,
page x Back
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