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PostPosted: Tue Jul 19, 2011 12:03 am 
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Transport Committee Select Committee Announcement

19th July 2011

REPORT: Taxis and private hire vehicles: the road to reform


Replace outdated taxis and PHV regulations


Report in full

Rules governing taxis and private hire vehicles need urgent and wholesale reform, say MPs.

The problems posed by taxis and private hire vehicles (PHVs) operating outside of the district in which they are licensed - the phenomenon called 'cross-border hire' - cannot be solved without new legislation says the Transport Select Committee in a report published today.

Launching the report, committee Chair Louise Ellman said, "The rules for taxis date back to 1847 and still refer to horse-drawn carriages. The rules for PHVs were set down in 1976 and are now out-of-date due to the growth of mobile phones and the internet. The age of this legislation and the complexity of case law accumulated in this area makes the need to overhaul the law on these matters irresistible.

"The Government wants to refer the matter to the Law Commission. We believe a more effective approach would be for the Government to work with the trade, local authorities and user groups to develop and bring forward new legislation within the lifetime of this parliament."

The following principles should underpin new legislation, says the Committee:

* Listen to the views of users: particularly vulnerable groups such as the disabled who rely on taxis and PHVs;

* Keep it simple: Combine the legislation on taxis and PHVs in one Act. The distinction between taxi and PHV services could be maintained by providing for two types of vehicle licence under the same legislation.

* Keep it local: Licensing should remain a local function. Taxis and PHVs should however feature more prominently in local transport plans and Government should issue guidance to local authorities about how to ensure they do.

* Permit tighter restrictions on cross border hire: Make it possible for licensing authorities to impose a condition that requires private hire vehicles and drivers to operate principally from within their licensing district. Permit local authorities to issue fixed penalty notices to out-of-town drivers found to have worked/sought work for a specified period of time within a district where they do not hold a licence. Likewise, with due warning, make it easier for authorities to prosecute operators sending vehicles to work in areas for which they hold no licence.

* Increase the potential for local authorities to work together to create larger licensing districts.

* Develop national licensing standards on certain issues which relate to public safety, notably for CRB checks, the road-worthiness of vehicles, and the ability of drivers whose licenses have been revoked by one authority to seek a new license in a different area.

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PostPosted: Tue Jul 19, 2011 12:04 am 
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Conclusions and recommendations

Introduction

1. In our view, the case for a thorough overhaul of the legislation relating to taxis and private hire vehicles is irresistible. (Paragraph 14)
2. We recommend that, instead of referring reform of taxi and PHV legislation to the Law Commission, the Government should engage with the trade, local authorities and users about the objectives of future legislation on taxis and private hire vehicles and commit to overhaul that legislation during the course of this Parliament. Once these objectives are decided, the detailed work to frame legislation and guide it through Parliament should begin. This need not involve primary legislation: we consider that the swifter legislative reform order procedure could be used in this case. (Paragraph 15)

Principles to underpin new legislation

3. We recommend that, in developing proposals for changing the legislation applying to taxis and PHVs, the Government should commission authoritative research into consumers’ opinions. Particular attention should be paid to the views of vulnerable groups, such as disabled people, who are often most reliant on taxis and PHVs. (Paragraph 18 )
4. We recommend that Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 should be replaced by a single Act or legislative reform order, covering both taxis and PHVs. (Paragraph 19)
5. We recommend that the Government provide clearer guidance to local authorities on how taxis and PHVs should be included in local transport plans. (Paragraph 21)
6. There are strong arguments in favour of national standards in relation to issues which directly relate to public safety, such as the level of CRB check drivers require, the roadworthiness of vehicles and drivers whose licences have been revoked being licensed shortly afterwards by a different district. We recommend that new legislation in this area should provide for this. (Paragraph 23)
7. We agree with the Minister that the licensing of taxis and PHVs should remain a local function, not least because of the likely cost and complexity of instituting a national system. (Paragraph 23)
8. We recommend that any legal barriers to co-operation between local authorities and innovation in organising and funding enforcement activity in relation to taxis and PHVs should be reviewed as part of the process of legislative reform. (Paragraph 25)
9. We are sympathetic to the argument that offences relating to taxis and PHVs, such as plying for hire, should be dealt with by fixed penalty notices rather than court action and we recommend that the Government should move in this direction when it comes to reform the legislation in this area. (Paragraph 26)
10. We recommend that new legislation should permit existing licensing districts to be combined where local authorities decide it is best to do so. (Paragraph 28 )

Solving the cross-border hire problems

11. We recommend that it should be permissible for taxi and PHV licences to include a condition that the vehicle must principally be operated in the licensing district. A similar provision should also be permitted in relation to driver licences. (Paragraph 30)
12. In addition, new legislation should permit local authorities to issue fixed penalty notices to out-of-town drivers where there is evidence, for example, that they have worked, or sought to work, for a specified period of time in that district. Local authorities should also be enabled to prosecute operators in other districts which are routinely sending cars to work in their area. (Paragraph 30)
13. In our view it is essential that local authorities justify their approach to the use of these controls in local transport plans, alert drivers and operators in neighbouring districts to their intention to use such powers; and provide adequate warnings to drivers and operators before issuing fixed penalty notices or initiating prosecutions. (Paragraph 31)

Conclusion

14. We call on the Government to set out its policy proposals before the end of the year, with a view to holding a consultation exercise in 2012, introducing draft legislation in 2013–14 and taking an Act or legislative reform order through Parliament before the next general election. (Paragraph 33)

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PostPosted: Tue Jul 19, 2011 3:19 am 
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No one tier system; Button won't be happy!!

There are a few disappointments in the committee's ideas; enforcement ideas nowhere near or remotely near strong enough.

Don't like the idea of large regional licensing authorities; I'm sure we'll all learn every nook and cranny of these large areas.

But we'll wait and see after they all come back from their 'shortened by a day' summer recess.

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PostPosted: Tue Jul 19, 2011 6:16 am 
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Alex wrote:
12. In addition, new legislation should permit local authorities to issue fixed penalty notices to out-of-town drivers where there is evidence, for example, that they have worked, or sought to work, for a specified period of time in that district.


Does that mean for example if you drop some passengers off in another district, providing that you do not out stay the "specified period of time" you can take a passenger?

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PostPosted: Tue Jul 19, 2011 6:52 am 
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grandad wrote:
Alex wrote:
12. In addition, new legislation should permit local authorities to issue fixed penalty notices to out-of-town drivers where there is evidence, for example, that they have worked, or sought to work, for a specified period of time in that district.


Does that mean for example if you drop some passengers off in another district, providing that you do not out stay the "specified period of time" you can take a passenger?

That would be my reading of the proposals.

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PostPosted: Tue Jul 19, 2011 7:15 am 
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There are a number of things that jump out from this report.

Firstly the, as far as I can see, unanimous agreement from committee members. As a cross-party group, I'm certain that what they have proposed will eventually come into being. In one way or another.

The government will, I believe, now bring through a new Cab Act. What's in that, or if those happy now will be then, only time will tell.

I have my doubts about fixed penalties, but if the revenue is put back into enforcement it could help improve on the pathetic efforts will see in many areas.

It is with much happiness I see the committee has ignore the rubbish spouted from the London Minicab spivs. They are not something the rest of us should look up, no matter how many times they repeat those lies.

National safety standards could be a good thing, as long as they are minumum standards not maximum.

The cross border hiring proposals are in my view the best thing coming out of this report. The committee got it. Those from the large PH firms have been dealt a massive blow. Delta and the North East Mafia have suffered a disaster on a biblical scale.

And lastly it's quite nice to see words typed on this here keyboard ending up in the report. Wont ever happen again, but nice all the same. :D

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PostPosted: Tue Jul 19, 2011 7:32 am 
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I wonder what has changed.

They spout on about out dated legislation, mentioning horse and carts, then fail to realise what they are going to replace it with.

They mention mobile phones and the internet...saying technology has moved on.....yet fail to realise its where the call is received that underpins PH legislation.

Larger licensing areas? Great....what about knowledge tests?

Cars shouldnt stay in other areas too long? How they going to enforce it....ahh....they'll fine the drivers? Whats the appeal process going to be.....should a illegal plying for hire be dealt with by a fixed penalty? where's the deterrant in that?

Of course, unite the union are seemingly in favour of allowing LA's to fine cab drivers......they seem to think they'll fine only out of town drivers......dream on f*ckwits.

Local Transport Plans? Haven't the taxi trade been banging on about this for years....me principally!

In respect of national standards they are having a laugh......the trade have been banging on about enhanced CRB's forever.........the national vehicle testing standard has already been developed.

LA's not co-operating? Hardly something for inclusion in a cab act is it? Anyway lots of LA's are already pooling resources in terms of licensing etc.....which leads me to think these people are actually dribbling idiots.

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PostPosted: Tue Jul 19, 2011 7:43 am 
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And of course we mustn't forget the additional material.

http://www.publications.parliament.uk/p ... /720vw.pdf

Including comments from one of TDO's finest. :roll: :roll:

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PostPosted: Tue Jul 19, 2011 10:02 am 
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Quote:
licensing authorities should be allowed to impose a condition that requires private hire vehicles and drivers to operate principally from within their licensing district.


I wonder if they mean a little like what the judge said in the Berwick case.

ffs

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PostPosted: Tue Jul 19, 2011 10:27 am 
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Forgive me if I am missing a point here – but don’t we already have a “national safety standard” its called an MOT?

I was disappointed to see nothing about the good old “private land” issues as well – as it stands any old piece of cr*p can still operate with impunity.

Nothing either about combining the proposed changes with any WAV requirements?


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PostPosted: Tue Jul 19, 2011 5:34 pm 
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Doc G wrote:
Forgive me if I am missing a point here – but don’t we already have a “national safety standard” its called an MOT?

And are you happy with that being the standard for all taxi/PH?

Doc G wrote:
I was disappointed to see nothing about the good old “private land” issues as well – as it stands any old piece of cr*p can still operate with impunity.

Any old rubbish from elsewhere will be subject to the return to base area clauses.

Doc G wrote:
Nothing either about combining the proposed changes with any WAV requirements?

No.

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 Post subject: Who the hell
PostPosted: Tue Jul 19, 2011 7:15 pm 
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Are the National Association of Taxi Users

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PostPosted: Tue Jul 19, 2011 7:21 pm 
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I can see this report being buried.. it will gather dust.. and slowly decay... the actors have played their parts..... they have earned their next contributions from the unions that support their particular parties... but we have to Remember that the private hire sector are now contributing to the Conservatives.... and I don't see anything that they would be singing and dancing about..... it will be .. dig a deep hole... and be well and truly buried.....

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 Post subject: Re: Who the hell
PostPosted: Tue Jul 19, 2011 7:23 pm 
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charles007 wrote:
Are the National Association of Taxi Users

are they what?.

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 Post subject: Re: Who the hell
PostPosted: Tue Jul 19, 2011 7:54 pm 
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MR T wrote:
charles007 wrote:
Are the National Association of Taxi Users

are they what?.


who are thay come on Mr T even i can understand what i ask? :oops:

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