LAW COMMISSION CONSULTATION PAPER ON REFORMING THE TAXI AND PRIVATE HIRE SERVICES LAW
OVERVIEW OF PROVISIONAL REFORM PROPOSALS
Provisional proposal 1
Regulation should continue to distinguish between taxis, which can accept pre-booked fares, be hailed on the street and wait at ranks, and private hire vehicles, which can only accept pre-booked fares. (Page 160)
Proposed response
Agreed.
Provisional proposal 2
London should be included, with appropriate modifications, within the scope of reform. (Page 162)
Proposed response
Agreed.
Provisional proposal 3
The regulation of taxi and private hire vehicles should not be restricted to any particular type of vehicle but should rather focus on road transport services provided for hire with the services of a driver. (Page 164)
Proposed response
The principle is accepted but it is felt however that there could be a distinction in the type of vehicles used for taxis as opposed to private hire vehicles and an ability to specify specific vehicles for taxis should continue as they are required to be able to meet all the requirements for all passengers because they can be hailed on the street and wait at ranks and therefore should be able to deal with any member of the public. With private hire vehicles, it is different in that they are pre-booked and therefore the operator can ensure that the appropriate vehicle goes to pick up the appropriate passenger. Therefore, for private hire vehicles, it is appropriate that any particular type of vehicle could be used varying from small vehicles to much larger vehicles.
Question 4
Would there be (and if so what) advantages to restricting licensing to motor vehicles that require a driving licence? (Page164)
Proposed response
None, pedicabs and horse drawn vehicles would be excluded and safety issues may still arise.
Provisional proposal 5
Public service vehicles should be expressly excluded from the definition of taxi and private hire vehicles; and taxi and private hire vehicles should only cover vehicles adapted to seat eight or fewer passengers. (Page 165)
Proposed response
Agreed.
Provisional proposal 6
References to stage coaches charging separate fares should no longer feature as an exclusion from the definition of taxis. (Page 165)
Proposed response
Agreed.
Provisional proposal 7
The Secretary of State should consider issuing statutory guidance to the Senior Traffic Commissioner about the licensing of limousines and other novelty vehicles to assist consistency. (Page 167)
Proposed response
Agreed.
Provisional proposal 8
The concept of “in the course of a business of carrying passengers” should be used to limit the scope of taxi and private hire licensing so as to exclude genuine volunteers as well as activities where transport is ancillary to the overall service. (Page 168)
Proposed response
Agreed.
Question 9
How, if at all, should the regulation of taxis and private hire deal with:
a) carpooling; and
b) members clubs? (Page 170)
Proposed response
a) car pooling should not be licensed.
b) member clubs should be covered by the regulations.
Provisional proposal 10
The power of the Secretary of State and Welsh Ministers to set national standards should be flexible enough to allow them to make exclusions from the taxi and private hire licensing regimes. (Page 171)
Proposed response
Agreed. Without this ability it would be necessary if changes were required to seek to amend primary legislation which causes significant delays. However, proposed changes should be subject to consultation.
Provisional proposal 11
Weddings and funerals should no longer be expressly excluded from private hire licensing through primary legislation. (Page 172)
Proposed response
Agreed.
Question 12
Would there be merits in reintroducing the contract exemption, by means of the Secretary of State and Welsh Ministers’ exercises of the power to set national standards? If so, what modifications could be made to help avoid abuse? (Page 174)
Proposed response
There are merits in the Secretary of State having powers flexible enough to deal with exemptions. An exemption for public sector contracts would be sensible as would a list of specific exclusions, provided the exclusions were subject to consultation.
Provisional proposal 13
Regulation of the ways taxis and private hire vehicles can engage with the public should not be limited to “streets”. (Page 175)
Proposed response
Agreed.
Question 14
Is there a case for making special provision in respect of taxi and private hire regulation at airports? In particular, where concessionary agreements are in place should airports be obliged to allow a shuttle service for passengers who have pre-booked with other providers, or to the closest taxi rank? (Page 177)
Proposed response
This is not relevant to Maidstone as it has no airport.
Provisional response 15
The defining feature of taxis, the concept of “plying for hire”, should be place on a statutory footing and include:
a) references to ranking and hailing;
b) a non-exhaustive list of factors indicating plying for hire; and
c) appropriate accommodation of the legitimate activities of private hire vehicles. (Page 181)
Proposed response
Agreed.
Provisional proposal 16
The concepts of hailing and ranking should not cover technological means of engaging taxi services. (Page 181)
Proposed response
Agreed
Question 17
Would there be advantages to adopting the Scottish approach to defining taxis in respect of “arrangements made in a public place” instead of “plying for hire”? (Page 182)
Proposed response
The authority sees no advantages to adopting the Scottish approach.
Provisional proposal 18
The concept of compellability, which applies exclusively to taxis, should be retained. (Page 182)
Proposed response
Agreed.
Provisional proposal 19
Pre-booking would continue to be the only way of engaging a private hire vehicle and cover all technological modes of engaging cars. This is without prejudice to the continued ability of taxis to be pre-booked. (Page 183)
Proposed response
Agreed.
Provisional proposal 20
Leisure and non-professional use of taxis and private hire vehicles should be permitted. There would however be a presumption that the vehicle is being used for professional purposes at any time unless the contrary can be proved. (Page 184)
Proposed response
Agreed as long as it is very clear that the presumption is that the vehicle is being used for professional purposes at all times unless the driver can prove to the contrary.
Provisional proposal 21
The Secretary of State and Welsh Ministers should have the power to issue statutory guidance in respect of taxi and private hire licensing requirements. (Page 185)
Proposed response
Agreed.
Provisional proposal 22
Reformed legislation should refer to “taxis” and “private hire vehicles” respectively. References to “hackney carriages” should be abandoned. (Page 185)
Proposed response
Agreed.
Question 23
Should private hire vehicles be able to use terms such as “taxi” or “cab” in advertising provided they are only used in combination with terms like “pre-booked” and did not otherwise lead to customer confusion? (Page 186)
Proposed response
If the previous proposal to define hackney carriages as taxis is agreed it is this authority’s view that use of the word “taxis” should refer to those vehicles able to ply for hire only. However, it does have a relaxed view on the use of the words “cab” or “mini cab” and feels that those words could be used in describing a private hire vehicle in conjunction with “pre –booked”. It also considers that use of the words “pre-booked taxis” does not highlight the difference between the two types of vehicles significantly enough, particularly as it possible to pre-book taxis. Therefore the authority is of the view that the word “taxi” should be only used for what is currently defined as hackney carriages.
A REFORMED REGULATORY FRAMEWORK
Provisional proposal 24
Taxi and private hire services should each be subject to national safety requirements. (Page 188)
Proposed response
Agreed.
Provisional proposal 25
National safety standards, as applied to taxi services, should only be minimum standards. (Page 189)
Proposed response
Agreed
Proposed response
Agreed
Proposed response
Agreed private hire services should not be subject to standards other than those relating to safety. The arguments in respect of topography knowledge testing within the report is sound particularly as indicated most bookings are pre-booked and with a planned fee in advance. However it is felt that maybe there could be an opportunity for topography knowledge to be included within the driver safety test as we have currently negotiated with our local provider for the provision of this test where a small element of topography testing is included within that test. Additionally, operators could write to the licensing authority giving confirmation that the driver they are putting forward has a certain level of topographical knowledge of the area concerned and also knowledge on how to use the satellite navigation system being used in the vehicle. With these additional features it is accepted that topographical knowledge test would no longer be necessary.
Proposed response
It is felt that local standards in respect of vehicle signage, as indicated in the report, would be helpful. This can vary from area to area and local knowledge would be the best provider of the standards required in a particular area. However, Private Hire vehicles should not be allowed to use “Taxi” or “Taxis”.
Proposed response
None, but like Maidstone a number of authorities specify specific vehicles, such as London style cabs, which may require different or additional tests but this can be included in the National Standards.
Proposed response
No, but sometimes with the choice of vehicles, such as in Maidstone where we have London style cabs, differences could happen anyway if additional measures are fitted within vehicles.
Proposed response
Agreed.
Proposed response
Agreed.
Proposed response
The best approach in determining the content of national safety standards is in consultation with all the relevant bodies including licensing authorities, private hire operators and representatives from each of the appropriate national associations. If it was possible to draw from these bodies a technical advisory panel which would give first consideration to any proposals before the formal consultation takes place this would be very helpful.
Proposed response
Agreed.
Proposed response
Agreed
Proposed response
The licensing authority should have the power to impose individual conditions on taxi and private hire drivers or operators as there are some local issues which may not be able to be covered in national conditions but perhaps before this could be implemented it would require the agreement of the Secretary of State.
Proposed response
It would be extremely helpful if legislation made it easier for authorities to work together such as making it easier to enable delegations in one authority to be given to employees of other authorities. However, it should also be the position that this type of arrangement is encouraged by making it simpler to do but the final decision to work together and join forces should be left to local decision making.
Proposed response
Yes, it would be helpful that neighbouring licensing authorities would have the option of combining areas for the purposes of taxi standard setting but that would still require local agreement from each of the partners involved.
Proposed response
Yes.
Proposed response
This could be useful and should be explored as it could meet a potential need at peak hours, such as a Friday and Saturday night between 10.00pm and 5.00am. The vehicle could be highlighted by a different colour plate or some other clearly identifiable means.
Proposed response
Agreed
Proposed response
All Taxis and Private Hire Vehicles should return to their licensing authority area upon completion of their journey, otherwise the link to the local area could be lost and big national companies could take a far larger slice of the business which could lead to the loss of local companies and local service.
Proposed response
Agreed.
Proposed response
Yes, as taxis should not be treated differently from private hire services for pre-booked journeys.
Proposed response
The outline of the national driver safety standards such as the requirement to be a “fit and proper person” should be covered in primary legislation. However additional matters could be included in SoS guidance for enhanced flexibility.
Proposed response
Agreed
Proposed response
The outline of National Vehicle Safety Standards should be set out in primary legislation but that the details should be dealt with by the Secretary of State’s general powers.
Proposed response
The arguments put forward for retaining operator licences clearly outweigh those against and therefore this authority is in favour of retaining operator licensing.
Proposed response
Yes, on the basis of public safety and parity with the private hire trade.
Proposed response
Agreed.
Proposed response
Yes.
Proposed response
Agreed.
Proposed response
Yes. It is felt that taxi drivers, when they have taken a pre-booking, are acting in the same capacity as private hire services and therefore should be subject to the same conditions.
Proposed response
Maidstone is completely opposed to removing the power to restrict taxi numbers.
Proposed response
It is considered this would cause a number of problems particularly in the Maidstone area. Maidstone, by having its restriction, has been able to improve the quality of vehicles by introducing London style cabs which gives better disabled and in particular, wheelchair access for users. This is particularly relevant when these vehicles are hailed off the road and from ranks and therefore uniformity in these vehicles has brought a consistency in service for the disabled users of taxis. This can be dealt with differently in respect of private hire vehicles who can supply the appropriate vehicle for the appropriate passenger when taking the booking.
Additionally, Maidstone has a limited number of ranks and therefore an excessive number of taxis could not be catered for within the Maidstone area in terms of rank space. Currently, the existing number of vehicles is more than the rank space that is available. This would mean more vehicles would be moving around in the town centre area with an increased impact of environmental pollution resulting from this large number of vehicles moving on the road. Additionally, Maidstone has pedestrianised a large part of its town centre area but has allowed taxis to come through part of the area but having vehicles moving up and down in this section would cause significant problems for what is mainly a pedestrianised area.
Proposed response
If it was decided that quantity restrictions were removed, it would be very helpful to have transitional measures put in place. However, this Council would not wish to remove quantity restrictions.
Proposed response
This authority considers that it is necessary to have wheelchair accessible vehicles and for that reason it determined that all of its taxis should use London style cabs which are suitable for this purpose. It was felt that it was necessary to make this change for taxis to ensure that anyone hailing a taxi or putting up to the rank had an appropriate vehicle to be able to carry a disabled person with a wheelchair.
Proposed response
Agreed it could encourage certain types of PHV to be disabled friendly, though not necessarily wheelchair accessible models?
Proposed response
In Maidstone we have introduced London style cabs for our taxi fleet.
Proposed response
The authority’s policy of having wheelchair accessible vehicles using London style cabs has worked very effectively for the taxi trade.
Proposed response
Agreed.
Proposed response
Agreed.
Proposed response
This is not a noticeable problem for Maidstone.
Proposed response
Yes, licensing officers should have the power to stop licensed vehicles. Currently the licensing authority is only be able to run operations, such as test purchase operations in respect of illegally plying for hire, with the support of the police. This is particularly relevant in the current times with police resources being stretched and therefore their ability to support licensing authorities in their enforcement is more limited as they prioritise their activities.
Proposed response
In Maidstone we have a significant problem of illegally plying for hire but there has never been an issue regarding touting.
Proposed response
In principle this is a good idea but there will need to be agreed specific procedures relating to issues such as where and how long the vehicles would be kept, return or sale, cost recovery etc..
Proposed response
Yes. There are benefits as it can deal with minor offences quickly and prevent the need to clog up the system either in the Licensing Authority or in the Courts.
Proposed response
Agreed.
Proposed response
The principle of cross-border enforcement powers extending to suspensions and revocation of licenses is a good idea. However, the practical difficulties of achieving this cannot be resolved easily. The view of this authority is that the option of formal procedures for cross-border co-operation as set out in paragraph 19.25 is the most appropriate way forward. This is because it brings an element of formality to the system and also requires other licensing authorities to take action
Proposed response
Agreed.
Proposed response
Agreed.
Proposed response
Agreed.
Proposed response
Agreed, there should be an onward right of appeal to the Crown Court over specific issues.