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Wrexham plans for compulsory CCTV on hold due to legal risk
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=34130		 Page 1 of 1
Author:  StuartW [ Mon Mar 25, 2019 8:21 am ]
Post subject:  Wrexham plans for compulsory CCTV on hold due to legal risk
The newspaper's headline here is a bit out of kilter with the rest of the article - it makes the point about limos, hearses and wedding cars, which is then repeated in the sub-heading, but is totally ignored in the rest of the article :-s

But presumably the council is just saying that those vehicles shouldn't be exempt.

Calls for new rules for hire of limousines, wedding cars and funeral hearses in Wrexham

https://www.leaderlive.co.uk/news/17522 ... n-wrexham/

CALLS have been made for new rules to be introduced for the hiring of limousines, wedding cars and funeral hearses.

Wrexham Council has also suggested CCTV and tracking devices should be installed in taxis after claiming current legislation for licensing taxis and private hire vehicles is ‘not fit for purpose’.

The Welsh Government is consulting on reforms to the system after ministers raised issues with inconsistent standards and the inability for authorities to share safeguarding information.

In their response, council chiefs said technology would help to improve record keeping.

They said: “The existing legislation is archaic, not fit for purpose and requires fundamental reform with new primary legislation.

“The panel believe that ideally records should be kept for every journey undertaken, however, there are obvious practical difficulties with taking this approach.

“A better option would be to use technology to better the safeguarding processes.

“The use of CCTV, trackers and GPS systems would not only provide a more robust system for record keeping, but would also not place an administrative burden on taxi drivers

“The cost of fitting CCTV within licensed vehicles particularly for small businesses may require subsidy from Welsh Government.”

The government has put forward several proposals to transform the system, including transferring the licensing powers of the 22 local authorities in Wales to a single national authority.

However, the council has objected to the potential loss of local enforcement controls.

It said it would result in the loss of more than £150,000 a year worth of income for the authority, which could result in properties used by its licensing department being reviewed.

They said: “We do not support the proposal on the information provided, as there is no evidence to support the need to redirect the existing taxi and private hire vehicle licensing function away from local authorities.

“At this stage there is no detail contained within this white paper as to how the Joint Transport Authority would undertake the licensing function.

“Our overriding concern is the protection of the public, and there in nothing contained within this proposal which suggests that public safety is at the forefront of this proposal.”

The council’s draft response will be discussed by members of the environmental licensing committee on Monday, March 25.
Author:  Sussex [ Mon Mar 25, 2019 5:33 pm ]
Post subject:  Re: Wrexham calls for in-cab trackers but rejects centralisa
Quote:
However, the council has objected to the potential loss of local enforcement controls.

It said it would result in the loss of more than £150,000 a year worth of income for the authority, which could result in properties used by its licensing department being reviewed.

And there we have it. It's all down to money.
Author:  Sussex [ Mon Mar 25, 2019 5:36 pm ]
Post subject:  Re: Wrexham calls for in-cab trackers but rejects centralisa
Quote:
“The use of CCTV, trackers and GPS systems would not only provide a more robust system for record keeping, but would also not place an administrative burden on taxi drivers

Firstly I agree with the broad thrust of what the council is saying above.

Secondly if the policy is such a good one, that the council are recommending it, then why isn't it already in place?

There is nothing stopping the council putting these policy in place today.
Author:  StuartW [ Thu Mar 28, 2019 5:02 am ]
Post subject:  Re: Wrexham calls for in-cab trackers but rejects centralisa
This is at odds with the other recent article above about Wrexham's call for compulsory trackers and CCTV etc - if the articles didn't both use the word 'Wrexham' it would be reasonable to conclude that the pieces were about different local authorities.

But presumably the council wants new national legislation making CCTV compulsory because of the current legal difficulties outlined below, but who knows, because there's nothing in the two articles (from different sources) to reconcile the conflicting positions :?

But the article above does quote the council as saying:

Wrexham Council wrote:
“The existing legislation is archaic, not fit for purpose and requires fundamental reform with new primary legislation."


Plans to make dash cams in taxis compulsory placed on hold because of legal risk

http://www.wrexham.com/news/plans-to-ma ... 65786.html

Plans to make putting dash cams in taxis compulsory in Wrexham have been placed on hold amid concerns about the legal risks.

Backbench politicians in the county borough have previously expressed their desire for portable cameras to become mandatory to improve the safety of drivers and passengers.

There are currently CCTV systems in 100 out of the more than 500 taxis and private hire vehicles in the area, but they are installed on a voluntary basis.

Members of Wrexham Council’s licensing committee said they felt making it compulsory would help them when considering evidence about the conduct of cab drivers.

At a recent meeting, they asked officers to go away and look into the possibility.

However, after discussing the options with other authorities, licensing officials said it would place the council at risk of punishment from the Information Commissioner’s Office.

Addressing a meeting on this week, Joss Thomas, licensing team leader, said: “Following a request to look into the feasibility of mandatory cameras within vehicles, particularly dash cams, the matter was raised at the regional local authority licensing meeting this month.

“There was a general consensus among the respondents.

“Only five authorities in England have applied mandatory CCTV and those have faced legal challenge from the Information Commissioner’s Office.

“Problems arose about the legality of mandatory recording, as by doing so the authority makes itself data controller.

“As a result, the authority has strict legal obligations as to the storage and retention of the data required.

“The ICO recently published an article in 2018 where it described continuous CCTV recording as almost always unlawful.”

Mr Thomas said both the Welsh Government and Department for Transport were consulting on a new framework for taxi licensing, which will explore the issue of CCTV.

He added that it would be wise for the authority to await the outcome of the consultations before moving forward with the plans.

Many councils, including Wrexham, allow taxi drivers to have CCTV systems in their vehicles on a voluntary basis, but the burden of complying with data requirements rests with the individual.

Before they put them into operation, the system must be checked by a licensing officer, who will assess the position of the cameras and make sure notices are displayed to make customers aware of their presence.

Another snag raised about allowing dash cams was the potential for drivers to edit footage or stop recording.

Cllr Derek Wright (Lab) said: “My concern would be that it would all be at the taxi driver’s behest what he kept and what he deleted.

“Therefore, I wouldn’t like it where it’s in the control of the taxi driver to edit part of the film.”

The majority of councillors voted in favour of putting proposals to make dash cams compulsory on hold for the time being.

However, they also stressed the importance of keeping the option open.

Speaking at the end of the meeting, Cllr Brian Cameron (Lab), said: “I wasn’t going to say anything, but I feel I’ve got to say something. “How can you put a cost on safety? That’s my concern.

“I said it at the last meeting; how many times have we been here and CCTV would have helped not only the taxi driver but the individuals?

“I just feel it might not be the time, but I don’t think we can take it off the table.”
Author:  Sussex [ Thu Mar 28, 2019 10:24 pm ]
Post subject:  Re: Wrexham plans for compulsory CCTV on hold due to legal r
Quote:
“I said it at the last meeting; how many times have we been here and CCTV would have helped not only the taxi driver but the individuals?

I suspect dozens and dozens of times.
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