Sections 40-59
1 NOVEMBER 2005
40. DAVID MUNDELL: I just wanted to
clarify, because in these photographs the description is "rickshaw".
(Mr Low) Yes, rickshaw
and pedicab are two terms that are used to describe these vehicles.
41. Interchangeably?
(Mr Low) Interchangeable,
yes.
42. MR CLARKSON: You mentioned emergency
services and numbers 13 and 14 explain the point.
(Mr Low) Yes. There
are other issues there in terms of cleansing vehicles as well
as emergency services. That is an ambulance. (Indicated)
43. So is number
13 a police vehicle that is manoeuvring through pedicabs on either
side of the road?
(Mr Low) That is
actually an ambulance.
44. Then we have the emergency exits at the
Lyceum Theatre.
(Mr Low) With pedicabs
congregating in that area.
45. Then parking outside the London Palladium.
(Mr Low) I think
these are typical sights that you would see if you wander around
the West End at night and during the day. Indeed, later on in
the bundle you will see extracts from the website of one of the
pedicab operators.
46. We will come to that but we can use the
bundle of exhibits to explain our case to the Committee. Just
go to page 15, which is tab 2, and read out to the Committee the
part in bold at the beginning of this reference document that
summarises what can or cannot be done by way of parking.
(Mr Low) "Generally,
pedicabs may park for the purposes of picking up or discharging
passengers on any length of road unless that road has specific
markings, 'blips', which may prohibit any stopping whatsoever
or if the road is GLA owned and has restrictions."
47. Pause there. "Blips" are those
marks, are they not, on the kerb?
(Mr Low) I think
that the important point is that any vehicle can stop to set down
and pick up passengers if there are waiting restrictions or loading
restrictions applying. But there are some sections of road such
as the bus stop clearway where there is prohibition on any vehicles
stopping to allow that to happen. In addition, on the red routes
in the City of Westminster the red route controls are such that
vehicles are not allowed generally to stop on the lengths of single
red line or double red line, unless they are a particular vehicle.
Very small classes of vehicle are allowed: a licensed taxi would
be one example, and a vehicle carrying a disabled person would
be another.
48. Any other parking?
(Mr Low) "Any
other parking, e.g. waiting for fares, on any part of the highway
where there are waiting restrictions in force, is prohibited.
Generally, parking on footways is not permissible. The use of
existing cycle racks," (or stands is another term that is
used) "is not practical as they are sized for bicycles and
not tricycles and tricycles are not specifically noted as permitted
users for these racks." I think the important point for the
Committee is that Westminster is probably quite unusual in so
far as that in our area our general waiting and loading restriction
orders do not allow pedal cycles to park, except at the prescribed
places shown in a schedule in the order. So every cycle stand
that you see around the City of Westminster has an exemption in
the traffic order to allow pedal cycles to wait at that point.
49. Go forward to 16A, tab 4, because this
is an extract from the Bugbugs website. These photographs can
be blown up if anybody wants to look at the website in more detail.
What do the photographs tell us about corroboration or not of
what you have shown earlier?
(Mr Low) I think
they really mimic some of the photographs that I have presented
in the earlier part of this folio: vehicles that are parked on
the footway in contravention of the waiting and loading restriction
order, and vehicles that are causing an obstruction to pedestrians
and other road users.
50. Go forward to 16D, tab 5. This is a document
from the London Pedicabs Operators Association, who you have mentioned
already.
(Mr Low) I have.
51. We can see at the bottom that the Chairman
is Mr Smallwood of Bugbugs.
(Mr Low) Yes.
52. Let us see the Association's objectives.
To encourage pedicab operators to run their operations in accordance
with the agreed Code of Practice; lobby to regulate the industry;
represent the interests of pedicab operators; ensure the safety
and integrity of this form of transport; encourage government
to legislate for the industry country-wide; ensure that the industry
maintains a positive reputation; assist in obtaining group insurance;
and help expand the industry. Is it your understanding that the
London pedicab operators have declared, in this work at least,
objection to registration?
(Mr Low) In the
meetings that I have had with Graham Rivett he has actually supported
the principle of registration, so there probably is not a common
view across the pedicab industry. There are certain sections of
the industry that want to comply in every respect. I think it
is probably fair to say that some of those have very lucrative
advertising contracts with Blue Chip companies who want a quality
operation. So there might well be a variance.
53. On the next page we have a Code of Practice
for pedicab operators - those people who own them or operate them
- and I do not propose to read it all out, but items 2 and 4:
"(2) Ensure that all drivers registered with us have signed
the Code of Conduct for Pedicab Drivers (as agreed by the LPOA);
(4) and ensure that all drivers have a driving licence or have
passed a written Driving Standards Agency test adapted for pedicab
riders (by date to be agreed)." Do those exist?
(Mr Low) No. Certainly
in relation to number 4 it does not. I have not seen the Code
of Conduct. It is possible that there is one that has been circulated
amongst the industry, but for (4) there is not a test at the moment
that has been developed for pedicab riders.
54. Are you concerned by that either way, whether
there is or is not, that there is an instinct to have some form
of formality and or registration? Is that indicated there?
(Mr Low) Certainly from the discussions
that I have had with Graham Rivett, in particular, there is an
intention to have improvements in the industry and to have better
control over the riders that are using the pedicabs, yes.
55. Over the page to the drivers now, number
2: "abide by the Highway Code".
(Mr Low) I think, in relation
to "abide by the Highway Code", it might actually be
worth going forward in the bundle. If you go to Tab 6 and page
19, you will see rule 54: "You must not cycle on a pavement.
Do not leave your cycle where it would endanger or obstruct road
users or pedestrians, for example, lying on the pavement. Use
cycle parking facilities where provided". Clearly, the operation,
as I see it, on a regular basis is flouting the Highway Code,
in particular rule 54. Many of the riders I have witnessed are
contravening the suggested point 2 in the code.
56. Tab 18, going back to 16(f): "not
cause an obstruction to other vehicles or pedestrians, especially
around fire exits from buildings, such as theatres" and 18
"not ride in pedestrian areas or on the pavement; pedicab
may be pushed." Do you hold a view as to whether those are
----
(Mr Low) They are not being complied
with at the moment. I think the big impact for the reputable section
of pedicab operators would be that if they knew the riders of
their vehicles knew that the city council and Transport for London
were in a position to issue penalty charge notices when there
are any traffic contraventions of the types we have been discussing
this morning, I think that would really be a big incentive to
ensure safer practice.
57. Take that through. There you have the number
on the back of the vehicle. What would be the process?
(Mr Low) The process could be
one of two parts. If the vehicle was stationary and the rider
was there, then the council's parking attendant could issue a
penalty charge notice - very much as he or she would do at the
moment to another motorist - and issue that penalty charge notice
to the rider. The value of that would be £100, it would be
discounted to £50 for prompt payment within 14 days and there
would be a right of appeal and an adjudication process, at the
moment through an independent parking adjudicator. So if there
were any particular circumstances and there was any dispute about
the ticket, the nature of the ticket or mitigating measures, then
they could be taken into account - very much as they are at the
moment for all other motorists. The big difference for us at the
moment is we cannot issue a ticket simply because there is not
a registration number on which to base the ticket. We have no
means of tracking down where that motorist might be. At the moment,
within London we have two types of system and, in terms of enforcement,
the penalty charge notices for bus lane offences go to the registered
owner of the vehicle, not the driver at the time. I think that
is quite an important point and one we feel very strongly about:
that it is important that the pedicab operator is made responsible
for the ticket. Talking to pedicab operators, it is quite custom
and practice for the rider to pay a fee in advance before they
are allowed to take out the vehicle to cover for wear and tear,
and that can be several hundred pounds. On that basis, it would
be quite easy for a pedicab operator to have a deposit against
penalty charge notices. They would find out within a very short
period of time whether that was going to be an issue for them
because if they were not paid they would be coming back to the
operator. I think that really is, in essence, it; we need to have
a registration system in place if we are going to be in a position
to discharge our duties as traffic and highway authority effectively
using the current legislation we have for moving and parking contraventions.
58. The last heading I have is just to tell
the Committee, if you would, how you see the numbers of pedicab
cycle/rickshaws?
(Mr Low) There are probably about
200 rickshaws operating at the moment. They do not all operate
in the City of Westminster but quite a large proportion do. Talking
to the trade, there are certain times of the year where there
are more pedicabs that are out and about and there are some corporate
events which go on where there might be a cricket match at Lords
and a corporate sponsor will have a number of vehicles in their
livery that provide a service to transfer passengers from a nearby
railway station to the event.
59. What is the trend in numbers?
(Mr Low) I would
say that it has gone up slightly over the period that we have
been having discussions with the pedicab operators, but they have
not been successful in getting everyone to join their association.
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