Press Release 10th May 2012

Clearer rules governing taxis and private hire vehicles could bring stretch limousines and bicycle rickshaws into the licensing system but keep charity volunteers and childminders out of it, the Law Commission said today.

The Law Commission for England and Wales, which advises the Government on law reform, has launched a public consultation seeking views on proposed changes to the way in which taxis and private hire vehicles (often referred to as minicabs) are regulated.

The proposals retain the important distinction between taxis – which can “ply for hire” on the street or a cab rank – and private hire vehicles which can only be pre-booked.

But all vehicles would be subject to national minimum safety standards and, for private hire vehicles, these would replace more than 340 sets of local regulations. This will reduce the burden on business because, once appropriately licensed, a private hire firm could work freely across the country, without geographical or licensing restrictions. This would contribute to widening consumer choice and to making services cheaper and more competitive.

The provisional proposals published today follow a detailed review of the current law, some of which dates back to 1831 and is still in force.

Few of the proposals would affect the iconic London “black cab”. But outside the capital, taxi numbers could no longer be restricted by local authorities and private hire operators would be able to take bookings outside their own local area.

Licensing could be extended to limousines, motorcycle “taxis” and bicycle rickshaws (or “pedicabs”), which under current law may avoid the safety and driver training requirements imposed on taxis and private hire vehicles. But greater legal clarity would ensure that volunteers who give up their time to drive elderly people or childminders who collect children as part of their work would no longer risk being caught by licensing rules.

Among the other provisional proposals is a requirement that all new taxi and private hire drivers should have disability awareness training. The consultation also asks whether there should be a specific licence for accessible vehicles.

And where drivers or operators do break the rules, the consultation suggests that improved enforcement powers should be available, including impounding vehicles.

Frances Patterson QC, the Law Commissioner with responsibility for the project, said: “Our review provides a great opportunity to streamline and improve taxi and private hire legislation and we look forward to engaging with as many people as have an interest in this varied and important transport sector.”

The consultation is open until 10 August 2012. The Commission’s provisional proposals and consultation questions are outlined in the paper, “Reforming the law of taxi and private hire services”, which is available on the Commission’s website, www.lawcom.gov.uk.

To read the Law Commission’s Taxi and PH report click Law Commission Consultation Docs

To read comments on the implications of this report click TDO’s Cab Act 201? Section

Source: Bury Free Press

ANGER is building among Bury St Edmunds’ taxi drivers. Taxi driver of 26 years Halil Salih says that five years ago he drove 180 miles a shift. Now he drives just 70.

He blames some private hire drivers for his reduced custom and has provided the council with a record of those he says have been plying for business, an offence which can incur a £2,500 penalty.

The father-of-three, from Bury, said: “It’s affecting me making a living but my other concern is the public aren’t aware when they get into private hires that aren’t booked they’re not insured – say there’s an accident and that person gets paralysed, they won’t get a penny.”

Donald Donnelly, a taxi driver of 35 years, said private hires waited in town where they were likely to ‘pick up’ instead of at their base.

The 71-year-old said: “It’s affecting my business big time. I’m earning half the money I used to.”

Ian Thompson, 48, from Thurston, said: “It’s a massive problem, it always has been but it’s getting worse. We need enforcement officers on the streets.”

A spokeswoman for St Edmundsbury Borough Council said: “We take abuse of licensing regulations very seriously and have diverted staff resources into investigating allegations that some private hire vehicles are plying for trade without a booking, which they are not allowed to do.”

In response to increased complaints during the last six months, every taxi and private hire operator in Bury has been warned of patrols being carried out.

Shakeel Asghar, director of Private Hire Association (PHA), agreed this was an increasing problem throughout the UK but said the law was outdated as it did not recognise the improved communication available to drivers for ‘pick ups’.

“There are bad apples in every trade,” he said, adding that PHA supported using marshals, council funded and police enforced, to ‘get rid of illegal plying for hire drivers’.

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Source: This is Derbyshire

TAXPAYERS are facing a £6,000 bill after a cabbie took a Derby City Council to court when he was accused of overcharging by £5 and was cleared by a judge.

Despite a 13-year, unblemished record, Adrees Ali was told by the council that he would be banned for a week and would have to undergo training after the accusation he had overcharged two passengers.

But an appalled Mr Ali fought against the sanction and launched a two-year battle to clear his name.

And a crown court judge has now ruled in his favour, pointing out the two people who accused him were drunk, and that the whole episode was nothing more than a “misunderstanding”.

Derby City Council has been ordered to pay Mr Ali’s £2,500 costs – as well as having to find its own costs of £3,700.

Mr Ali said: “Having this hanging over me for two years and not knowing what was coming next has been awful. I have been a taxi driver for 13 years and had no complaints against me in that time.”

Robert Oxley, Campaign Manager of the TaxPayers’ Alliance said: “It’s astonishing that this case has gone so far without a bit of common sense intervening. Taxpayers are footing an incredible legal bill thanks to one disputed cab fare. The council has a duty to ensure that taxi passengers get a fair ride but this case has left everyone involved with a poor deal.”

In March 2010, Mr Ali, was accused by two passengers of overcharging for a trip from Chaddesden to Sinfin.

He agreed a fee of £8 up front for the journey but said the route the passengers asked him to take made the final figure £13.

The passenger withdrew the extra cash from a pay point and paid £15 in total, saying Mr Ali could keep a £2 tip.

But the following day the passenger made a complaint that Mr Ali had overcharged and Derby City Council’s licensing committee heard the case.

Mr Ali, of Harriet Street in Derby, denied the allegations, saying he took the correct route and charged the appropriate fee.

But the committee of councillors took a different view and said Mr Ali had overcharged and should be banned from driving a taxi for seven days and take a competency test.

Mr Ali appealed against the decision and it went before magistrates last year.

Magistrates upheld the council committee’s ruling. But Mr Ali was not satisfied and appealed again. This time it went to Derby Crown Court.

Finally he has been cleared by a judge.

A letter from his representative at Insaaf Solicitors, based in Normanton, gave him the news he had been waiting for.

It said: “Once the prosecution and defence had provided their cases, the judge concluded that both the witnesses had been drinking, which, therefore, diminishes the thought process of the two. He further stated that this was a misunderstanding which occurred and there was ample space for this to happen.

“The amount charged was an appropriate amount and if he had charged anything less, as the two witnesses suggested, he would have been losing out.

“You were cleared of the allegations which you had been found guilty of in 2010 and this concluded your matter.”

Mr Ali said, while relieved by the final decision, he was angry at the way his case had been handled by the council.

He said: “Considering the fact I’d never had a complaint made against me before, the council could have looked at the case a lot more sympathetically. I think deciding to give me a ban over an allegation of overcharging by a few pounds was extreme anyway.”

The council has been ordered to pay the court costs.

Mr Ali said: “A lot of taxpayers’ money which has been wasted taking this action.”

Olu Idowu, head of legal services at the council, said: “The council were always going to defend the appeal on the basis that we had been successful in the magistrates court and had no reason to think that were would be unsuccessful in the crown court. The total costs of defending the appeal were £3,704.50.”

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Source: This is Somerset

A Central Somerset businessman says the Big Society is threatening his business.

Chris Wickham, who runs Glastonbury-based CJW Taxis, says volunteer drivers are increasingly taking on the role of taxi drivers.

“I am a big believer in doing what you can for the local community but think it should never be at the expense of the tax paying employed,” he said.

“Volunteer drivers formed groups all around the country about ten years ago trying to fill a gap within rural transport, the idea was that the old, infirm and vulnerable could use a transport system within their own village making use of people that lived nearby that they would know.

“This service was set up in areas where no other transport was available.”

He says that in the last 10 years, councils have relied more and more on volunteer drivers.

He also says that Somerset County Council have a number of volunteer drivers who drove more than six million miles between them last year.

“The volunteer drivers are being employed by social services taking kids to and from school from foster careers,” he said.

“Almost every patient visiting hospital is being carried by a volunteer driver. Taxi companies are now struggling to survive as the work is drying up from the council as it is given to volunteer drivers.”

A Somerset County Council spokesman said: “All drivers are CRB checked and given training before taking on any duties.

“Volunteer drivers sometimes have to deal with vulnerable people so we make sure they’re fully prepared.

“Vehicles are checked and must pass an MOT before going on the road.

“We’re actually increasing checks on cars.

“We use a large number of volunteer drivers for community and school transport services. For the council, it is the most efficient way to provide the service as it represents good value for money and provides people with the opportunity to volunteer.”

Source: Maidenhead Advertiser

A tirade of abuse rained down on councillors last night after they voted to abolish restrictions on the number of taxi drivers allowed on the ranks.

The four-letter word explosion erupted as furious taxi drivers stormed out of Maidenhead Town Hall last night.

They were angry that Royal Borough councillors had agreed overwhelmingly to grant five new licenses a month to drivers wanting to pick up customers at ranks or in the street without previous pre-booking.

Only 96 drivers across the borough are currently allowed to do this.

The change is bitterly opposed by the existing drivers, who fear their custom being taken by the 950 private hire drivers who were previously restricted to customers who pre-booked their services. Drivers staged a drive-by protest in Windsor and Maidenhead last month when the changes were first proposed.

Councillors agreed to the change despite a 1,400 name petition against the plan and a personal plea by John Page from TSSA (Transport Salaried Staff Association).

He said drivers have worked 20 to 30 years to build up their business and warned councillors: “With more people chasing fares they could now have to work much longer hours just to make the same money.”

Drivers who packed the Desborough Suite at the town hall were clearly split between Hackney carriage drivers who do not want to see their traditional territory invaded, and private hire drivers keen to join them on the taxi ranks, all making their views loudly known.

Earlier security staff guarded the entrance to the town hall as taxi drivers demonstrated outside in the lead up to the meeting, although the demonstration stayed good natured.

Some councillors were sympathetic to those who opposed the change. Cllr Kathy Newbound (Lib Dem, Pinkneys Green) said: “Sometimes taxis all chasing business is no guarantee of a better service for people. The drivers are worried about a risk to their livelihood.”

But Cllr Carwyn Cox (Con, Hurley and Walthams) summed the attitude of most colleagues when he said: “We should ‘free up’ restrictions so that people who wish to enter a profession can do so. It is a sensible, progressive, modern approach we should be proud of.”

The new policy will come into effect on May 1.

Dear driver,

The director of Addison Lee plc believes that the current bus lane regulations, which allow London black cabs to use the bus lanes but prohibit private hire from doing so is illegal as it discriminates against private hire operators and drivers who offer a competing taxi service.

We also believe that it denies the public freedom of choice as journey times in the bus lanes are much quicker that those outside the lanes.

Our legal advice in this matter is that bus lane requierments are currently being misinterpreted to exclude PHV’s from bus lanes. Such misinterpretation is unlawful in the following respects.

a. It is in breach of European rules relating to the freedom of establishment and freedom to supply services

d.it denies free and fair competition in providing an unfair advantage to one group of commercial operators over others.

Addison lee has sought and been granted a judicial review on this issue which is due to be heard by the end of the year. In the meantime Addison lee believes that we cannot allow our customer to continue to be victims of this unfair discriminatory treatment.

As chairman I can advise you that a lawful interpretation of the bus lane regulations entitles Addison lee drivers with private hire identifies to use all bus lanes in the same way as our competitors. Accordingly you are fully entitles to use the bus lanes.

We can confirm that entry into the bus lanes is not an endorsable offence and that we will indemnify all Addison lee drivers from any fines or other liabilities that may result from using the bus lanes as a result of this advice.

Should any conflict arise between yourself and any black taxi operator please be patient, make a note of any details and use your camera where possible.

Signed

John Griffin
Chairman, Addison Lee PLC