Issues relating to the licensing of taxis and private hire vehicles
Written evidence from Plymouth Licensed Taxi Association (TPH 16)
RE:ISSUES RELATING TO THE LICENSING OF TAXIS AND PRIVATE HIRE VEHICLES
We thank you for affording us the opportunity to present our thoughts and ambitions for the future legislation of our chosen profession.
As requested we have restricted ourselves to six pages which is why the lay out of the many sub headings are not as clear as we would have liked.
1. Legislation – requires reviewing, collating and a single Principal Act for England
and Wales, London and Plymouth enacted and regularly reviewed; Legal Precedent;
Department for Transport (DfT); Criminal Records Bureau (CRB).
2. Taxi Offices – should be licensed in line with Private Hire Offices and permitted to
compete in an open market with various classes of vehicles.
3. Taxis – the following requires addressing: "Taxi" and "Cab"; Identification;
Colour Policy; Specifications not to be retrospective; Unmet Demand Surveys;
Local Transport Plans: Fare Table; Proprietor and Driver Register.
4. Taxi and Private Hire Drivers – Qualifications; Grandfather Rights; Enhanced
CRB Checks; Compensation to Drivers for answering unsubstantiated complaints.
5. Private Hire Operators – Planning Permission; Single Name; Land Lines;
Enhanced CRB Checks; Single Use Premises; Free Phones; Free Phone
Premises should be Licensed; Cross Border Hirings.
6. Private Hire vehicles – Plating; Signage; Roofsigns; Tinted Windows; Bus Lane
user.
7. Third Class of Operator, Staff, Driver and Vehicle Licence – Vehicles with
service of a Driver; Voluntary Drivers; Pecuniary Advantage; Limousines and
Novelty Vehicles; Wedding and Ambulance Cars.
1. LEGISLATION
1.1 Statute Law: It is understood that there are approximately 300 pieces of independent
legislation that governs the Taxi and Private Hire Trades in England and Wales,
London and Plymouth.
1.1.1 There is a need to consolidate all EC Directives, Statutes, Statutory Instruments and
Model Byelaws into one Act of Parliament covering England and Wales, London and
Plymouth.
1.1.2 The Principal Act should then be modified as required through Statutory Instrument.
1.1.3 The Principal Act should be reviewed and amended every ten years incorporating the
Statutory Instruments issued since the previous review.
1.1.5 The Fraud Act 2006 S11 should be incorporated within the Principal Act as police do
not recognise the current criminal offence of Bilking.
1.1.5 The Road Safety Act 2006 S52 is being abused. There is a requirement for the
provision of an Appeal procedure through a Magistrates Court.
1.2 Legal precedent: All Judgements of the Queens Bench Division should be reviewed
and formulated into a Statutory Instrument and inserted into the Principal Act as
required to meet evolving situations.
1.3 Department for Transport: Best Value Guidance should be more imposing upon
Licensing Authorities (LAs).
1.4 Criminal Records Bureau: There should be one enhanced check that migrates with
the Licensee between different authorities and departments.
1.5 Licensing Authorities: are not permitted to fine licensees, perhaps this could be
addressed in the same manner as fixed penalty notices.
2. TAXI OFFICES
2.1 All Taxi Offices should receive Planning Permission and be licensed in the same
manner as Private Hire Offices.
2.2 All staff should have enhanced Criminal Record Bureau checks as they know the
locations of children and vulnerable adults.
2.3 Vehicles should be a percentage of WAV’s with saloon cars and MPV’s enabling the
Taxi Trade to compete with Private Hire.
3. TAXIS
3.1Taxis are legally defined through Statutory Instrument 1994 No. 1519 S4.
"taxi" means (a) in England and Wales, a vehicle licensed under (i) section 37 of the
Town Police Clauses Act 1847.
3.1.1 Taxis should be plated front and rear to enable public identification and LA
enforcement.
3.1.2 The rear plate should state, in part: "licensed to carry up to … passengers".
3.1.3 This will enable flexibility of the service provided at various times of the day and
types of passengers being carried.
3.2 There should be no tinted windows for public safety.
3.3 The part of the Equality Act 2010 that relates to Taxis should afford a Mixed Taxi
Fleet as many Mobility Impaired Persons prefer a saloon car to Mandatory Vehicles.
3.3.1 Mandatory Vehicles cost more to purchase which coupled with over supply make Taxi
Fares more costly than comparative Private Hire Fares.
3.3.2 A Mixed Fleet with controlled numbers will enable lower fares through increased
productivity.
3.3.3 Specifications for taxis required by LAs precludes those taxis from tendering for
school and social contracts within departments of the same LA.
3.3.4 Taxis, as public transport, should be granted free access to all Transport Hubs such as
Airports, Seaports, Ferryports, Railway Stations and Bus Stations.
3.3.5 There should be no charge for dropping off passengers at the foregoing.
3.3.5 Only taxis licensed by the LA within which the facility is situated should normally be permitted to ply for hire at such locations.
3.3.6 All taxis should be permitted to use all Bus Lanes throughout England and Wales.
3.4 Unmet Demand Surveys should be carried out every five years for the following
reasons:
a. Under normal finance arrangements vehicles are purchased over a five year period.
b. Local Transport Plans are issued every five years and as public transport taxis
should be incorporated within Local Transport Plans.
3.4.1 Unmet Demand Surveys should be financed by the General Rate Fund because Taxis
are Licensed to enable Licensing Authorities to protect the public.
3.5 There should be no imposed colour schemes by LAs until such time as there is a
national colour the same as another major country or, more preferably, an EU colour.
3.5.1 The reason for the foregoing is that various LAs already impose colour schemes
including Gwned that have to be black with red bonnets while Bristol has to be a non-
manufactured blue; Bournemouth taxis have to be yellow while in Nottingham taxis
have to be Sherwood Green.
3.5.2 Taxis that have to be a specific colour cost more to purchase when new. They then
reduce in value when sold as the new purchaser pays less as he has to have the vehicle
resprayed, the cycle then repeats throughout the vehicles life to the economic
detriment of all proprietors concerned.
3.6 Wheelchair Exemptions Signs should be of such size and design to enable them to
be displayed in vehicles and easily seen by intending passengers, they should contain
a photograph for identification but not the name of the licensee to protect drivers from
unscrupulous passengers and force complainants to go to the LA.
3.6.1 Exemption Signs should be placed in clear plastic pockets to enable drivers of the
many vehicles that have more than one driver to remove them when not working.
3.7 Specifications and Conditions of Licence for vehicles licensed as taxis should not be
retrospective for the natural life of the vehicle.
3.8 Taxi Ranks should be placed within LA areas where, and at the times, that there is a
public need with a 30% proportion of the taxi licences issued by the LA.
3.9 Taximeters that are Calendar Controlled and comply with the Table of Fares set by
ALL LAs should be a mandatory requirement.
3.9 Representative bodies of the Taxi Trade in England and Wales should have the right to
Appeal Taxi Fare Increases through the Traffic Commissioners where they have not
been reviewed by their LA for a period of eighteen months.
Civic Government (Scotland) Act 1982 S18 Appeals in respect of taxi fares.
3.10 The Register of Proprietors and Drivers required to be kept by the Town Police
Clauses Act 1847 S42 should not be placed on the internet as in some cases it creates
a Contempt of Court and in others it enables unscrupulous complainants to circumvent
proper complaint procedures through the LA thereby endangering drivers and their
families.
4. TAXI AND PRIVATE HIRE DRIVERS
4.1 All Applicants should have held a UK Driving Licence for three years because UK
traffic drives on the left and to ensure a degree of experience.
4.2 All Applicants should have an Enhanced Criminal Record Bureau check as they will
work with children and vulnerable members of society.
4.3.1 All Applicants should pass an oral test in English to enable communication with
passengers.
4.3.2 All Applicants should pass a topographical knowledge test of their LA area.
4.3.3 All new Applicants should pass a VRQ in Road Passenger Vehicle Driving (Taxi and
PHV) and DSA enhanced taxi and private hire assessment.
4.3.4 Drivers with one year or more experience and a clean record should receive
Grandfather Rights.
4.4 There should be two Identification Badges.
4.4.1 One badge should be worn and one badge should be displayed in the vehicle.
4.4.2 Badges should contain the Driver’s LA Licence Number and a photograph to enable
passengers to identify the driver and complain if necessary.
4.4.3 Badges should not contain the drivers name to protect the driver and force
complainants to go through LA channels.
4.4.5 Badges in vehicles should be displayed in clear plastic pockets and be easily
removed by drivers of vehicles that have more than one driver.
4.5 There should be no Dual Licences as the two trades are different.
4.6 There is an urgent and serious requirement for Taxi and Private Hire Drivers to be
protected from the unlawful persecution of drivers by Licensing Staff abusing
the Road Safety Act 2006 Hackney Carriages and Private Hire Vehicles S52 for
immediate suspension and revocation of drivers licences in an inappropriate manner.
4.7 Both Taxi and Private Hire Drivers should be entitled to compensation for answering
any, and all, Mischievous Complaints made against them and dismissed by LAs.
5. PRIVATE HIRE OPERATORS
5.1 Private Hire Operators operate Private Hire Drivers and Private Hire Vehicles.
5.1.2 Private Hire Operators should not be permitted to use the words "Taxi/s", "Cab/s"
or similar unless 51% of their fleet is comprised of taxis.
5.2.1 All Offices should have Planning Permission in conjunction with the Licensing Office
prior to opening.
5.2.2 All Private Hire Operators should have Land Telephone Lines and no Mobile
Telephone numbers should be permitted to prevent unlicensed operators.
5.2.3 Operators premises should be in single use premises with Planning Permission.
5.2.4 Should satellite offices be permitted they should comply with the same Conditions as
the parent Private Hire Operators office.
5.2.5 Premises that in the course of business make provision for the invitation or acceptance
of bookings for a Private Hire Vehicle through a Free Phone such as Airports,
Seaports, Ferryports, Railway Stations, bus stations, Supermarkets, Hotels, Public
Houses and Nightclubs should be Licensed. Local Government (Miscellaneous
Provisions) Act 1976 S80 and S46(d).
5.2.6 With Free Phones there is no need for booking staff at the above locations.
…/…
5.2.7 Staff may lead to touting contrary to the Criminal Justice and Public Order Act 1994
S167 to the detriment of the Licensed Taxis patiently waiting on taxi ranks outside
or nearby.
5.3 Only one operating name per licensee should be permitted for clarity to the public.
5.4 The Owner and all staff should have an Enhanced Criminal Bureau check as they
know the locations of children and vulnerable persons.
5.5 Only Taxis and Taxi Drivers licensed by the same LA as the Private Hire Operator
should be permitted to work through a Private Hire Office.
5.6 Taxis are only permitted to work through Private Hire Offices at fares not greater
than those set by the LA. Local Government (Miscellaneous Provision) Act 1976 S67.
5.7.1 Cross Border Hirings should be permitted for return bookings.
5.7.2 Cross Border Hirings should be permitted where an urban area is next to a rural one
and no Private Hire Operators or Taxis are in the area.
5.7.3 Taxis are licensed to ply for hire within the jurisdiction of the LA. It therefore follows
that after dropping off a customer the vehicle and driver have to return to their own
LA area before plying for hire.
6. PRIVATE HIRE VEHICLES
6.1.1 Private Hire Vehicles are not taxis. See 3.1 above.
6.1.2 Private Hire Vehicles should not have roof signs to differentiate them from taxis.
6.1.3 Private Hire Vehicles should bear a rear plate only.
6.1.4 Private Hire Vehicles should have front door signs with the name of the LA, the
vehicle licence number, Advanced Bookings Only and the name of the Private Hire
Operator.
6.1.5 Private Hire Vehicles should carry a rear mounted sign stating "Bus Lane User" –
Exeter, or "Bus lane Approved" – Cheltenham, to clearly indicate to other saloon cars
that PHVs are permitted to use bus lanes.
6.1.6 All Long Distance transfer vehicles carrying persons to Airports and Seaports etcetera
should be licensed as private hire vehicles.
6.2 Private Hire Vehicles are supposed to supply a discreet service therefore there should
be no commercial advertising permitted.
6.3 In the interest of public safety there should be no tinted windows.
6.4.1 To prevent Illegal Plying for Hire Private Hire Vehicles should not be permitted to
park outside Private Hire Operators offices, 30.10.1963 QBD Vant – V – Cripps.
6.4.2 To prevent Illegal Plying for Hire Private Hire Vehicles should not be permitted to
Park in the street, 31.05.1962 QBD Newman – V – Vincent and Another
6.4.3 Laying Up Points should be introduced for Private Hire Vehicles – as they were for
Hackney Carriages in 1654.
7. THIRD CLASS OF OPERATOR, STAFF, DRIVER AND VEHICLE LICENCE
7.1 There is a requirement for a third class of licence for Operators, Staff, Proprietors,
Drivers and Vehicles that do not fall within Taxi and Private Hire Licensing.
7.1.2 All vehicles supplied with the services of a driver for carrying persons should be
Licensed.
7.1.3 Whether money changes hands or not, whether voluntary or professional, every person
involved should be licensed.
7.2.1 There is therefore a requirement to licence the following non-exhaustive list of
activities which benefit either directly or through obtaining a pecuniary advantage.
7.2.2 Hotels, Hospital and Ambulance Car Service, Wedding and Funeral Cars, Pub and
Social Club Teams, all Voluntary Services with less than nine seats, Limousines and
Specialist Party Vehicles, Pedibikes, Trishaws, Rickshaws, Horse Drawn Vehicles and
Boats.
7.2.3 Non of the preceding should be licensed as Taxis as they do not provide the same
service as Licensed taxis, nor I submit, should they all be licensed as Private Hire.
7.3 All Drivers should have held a UK Driving Licence for three years.
7.4 All persons involved in providing transport services especially Drivers should have an
Enhanced Criminal Records Bureau check as they may carry children and vulnerable
persons.
7.5 All vehicles should be tested and passed as safe by a LA prior to carrying persons.
We trust that the above is suitable to meet your requirements.
December 2010
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