Taxi Driver Online

Have never gotten involved in council contract work myself, but this looks well out of order

The full list of 'fines' (aka 'default charges') can be read via the link to the LPHCA's publication below the article.


Protest against fines for local taxi and private hire companies

https://www.mix96.co.uk/news/local/3002 ... companies/


Image: Mix 96

A petition is being delivered to Buckinghamshire County Council today against the planned new charges put in place for local taxi, private hire, bus and coach companies.

A peaceful protest organised by the Licensed Private Hire Car Association is happening outside the council to deliver a petition to stop these changes going ahead.

The Bucks County Council contract's Penalty Points and Default Chargers for Poor Performance are a set of terms and conditions to ensure that transport services meet the quality required in order to safely transport children, young people and vulnerable adults.

Some of the new fines being put in place include:

• £100 fine for an early pick up or arrival at a school or establishment more than 15 minutes prior to the scheduled time

• £150 fine for turning up in a smaller vehicle than contracted even if due to a breakdown

• £500 fine for failing to wear a valid BCC ID badge

These are on top of fines already put in place by the council.

Steve Wright, Chairman of the Licensed Private Hire Car Association who has organised the protest expressed his concern:

"The councils terms and conditions are not standard business practice. They're not fair on the businesses and they're not fair on the individuals that are being put under these conditions.

They get the choice, you either sign or you lose the contract.

In a way, its bordering on emotional blackmail of these businesses".

The LPHCA had previously written to BCC to express their dismay at the conditions but had lacked meaningful engagement.

A spokesperson for the BCC has said:

"We have put in place quality standards which set out what we expect in areas such as quality vehicles, driver training, service timings and safeguarding and licensing requirements. These quality standards are in line with usual practice across the country".

http://privatehirenews.co.uk/flash-mag/ ... gin=reader

'Usual practice' across the country is fines like this?

Find that hard to believe.

Of course, perhaps in practice these fines would rarely be levied, but doubt if they'd withstand a legal challenge, somehow.

By the way, is the LPHCA big outside London? Had always assumed it mainly represented PH ops in the capital, and the NPHA did that job in the provinces, but maybe not.

No way.

These 'fines' are akin to the scam invoices parking firms charge.

The council should be ashamed of themselves for letting two bob civil servants come up with such a scheme.

_________________
IDFIMH

Do they actually use the word "fine"? I thought that only the police and the courts can issue fines. If you get done for parking by a council it is not called a "fine" it is a penalty charge.
I would be challenging these "conditions" as being unfair and if they were deemed to be fair then I would not carry out any more work for them.

_________________
Grandad,
To support my charity text MAYORWALK to 70085 to donate £5

Even "penalty charges" are unlawful in contract law. ISTR it goes back to a case of Dunlop-v-someone back in 1916. you can be sued for brach of contract, but as soon as the word "penalty" is involved, that makes it unlawful.

The £100 "penalty" makes the job not worth doing. think about it, it would only take a few complaints from parents with a bit of a grudge to ake an operator potentially bankrupt in a short space of time. In the bus industry we already have the threat of financial action from the Traffic Commissioner for running more than 2 minutes early on timetabled bus services; TfL bus operators are constantly monitored by iBus for punctuality and get money withheld for early running, late running with no reasonable excuse, wrong sort of bus etc., so it's nothing new in the bus industry.

But to "fine" for punctuality breaches needs to be looked at very carefully on both sides. Is it in their contracts? If not they can't introduce this unilaterally.Any change has to be agreed by both sides. It simply won't stand up in a court of law.

Personally I'd tell the council what to do with their contract and not bother with them any more. but on the other hand some operators deserve what they get.

The terminology used is 'default charge' (default of the contract, presumably). The word 'fine' in the article is that used by the LPHCA or the local press. For the reasons others have stated in the thread, I doubt the council will be using the word 'fine'.

Don't know if everyone has been able to click on the link at the bottom of the first post here to view the full list of conditions and 'fines' (there must be almost 100 ), but while it was OK for me last night, I'm having trouble reading it today.

If anyone can't read it then maybe a good idea to click on the PDF icon at the top of the page, and when it loads there's then a download icon which allows you to download the whole magazine to your hard drive.

Couldn't see any other obvious way to save a copy to hard drive, but it's easier to read that way.

Anyway, this is what the LPHCA has to say, if anyone hasn't been able to read it:

If it is default of the contract they cannot amend it mid contract it could only be added when renewal comes up surely

_________________
Taxis Are Public Transport too

Join the campaign to get April fools jokes banned for 364 days a year !

If you read the LPHCA's stuff via the link, it says something about "conditions the operators tendering were being expected to sign up to", so I suspect it's for new contracts rather than new terms inserted mid-contract.

Anyway, for anyone not able to read the full list of conditions I've pasted the whole thing below. Wish I hadn't started now - easy enough to copy and paste it, but it comes out in a bit of a splurge, so takes a few minutes to get it into a presentable/readable format.

Presentation/formatting could still be a bit better, but it took the thick end of ten minutes to get it as below, and that was long enough

FAILURES, FOLLOWED BY DEFAULT CHARGES

SERVICE DELIVERY

£150
PER DAY
Failure to operate Contract Route (Default Charge
is in addition to losing the days fee).

£100
PER DAY
Failure to complete scheduled journey (Default
Charge is in addition to losing the days fee).

£100
PER INCIDENT
Early pick up or arrival at School/Establishment
– more than 15 minutes before scheduled time
(including Aylesbury Coach Park).

£100
PER INCIDENT
Late running – more than 15 minutes.

£100
PER DAY
Operating incorrect route.

£100
PER DAY
Failure to observe designated stop / pick up
points.

£500
PER INCIDENT
Failure to undertake appropriate hand-over to
a responsible adult of vulnerable passengers at
home or establishment i.e. not handing over to
parent / carer at home address / not handing over
to carer at school or establishment.

£150
PER DAY
Use of smaller vehicle than contracted.

£150
PER DAY
Use of vehicle which does not meet
specification.

£150
PER DAY
Operation with defective vehicle.

£150
PER DAY
Failure to carry passenger assistants as
required.

£50
PER INCIDENT
Default Charge for submitting an incorrect
invoice.

£500
PER DAY
Use of drivers/passenger assistants not previously
approved by the Council. (Default Charge applied
even if contract is withdrawn).

£500
PER DAY
Sub-Contracting without prior agreement from the
Council.

£250
PER INCIDENT
Failure to use required safety equipment
correctly.

£500
PER INCIDENT
Driver or passenger assistant smoking including
e-cigarettes during contract.

£100
PER INCIDENT
Other infringement of ‘Code of Conduct’.

£150
PER DAY
Failure to respond within 24 hours to complaint
or report.

£150
PER DAY
Failure to check allocated bus passes / passenger
numbers.

£125
PER DAY
Transporting Animals (except Guide Dogs).

£150
PER DAY
Failure to display a suitable, route detail or school
service plate.

£125
PER DAY
Failure to notify the Council (in writing) for any
reason a passenger does not travel.

£250
PER DAY
Failure to provide regular driver / PA where it is
specified and no arrangement made in advance to
introduce, advise parents /carer new staff (SEND
Safeguarding).

£250
PER INCIDENT
Failure to carry out a suitable meet and greet
for vulnerable adult passengers that has been
requested by the Council.

£50
PER DAY
Default Charge for no communication
e.g. communication on lateness or contract
agreement.

£50
PER DAY
Failure to record delays on the disruption
website.

DRIVERS AND PASSENGER ASSISTANTS

£500
PER DAY
Failure to drive smoothly, safely and within
the law.

£500
PER INCIDENT
Smoking (including e-cigarettes) during
contracted times, including waiting periods at
appropriate pick up points.

£500
PER INCIDENT
Being under the influence of alcohol or drugs
whilst conveying passengers.

£500
PER INCIDENT
Failure to drop off / pick up passengers on the
pavement or away from passing traffic.

£500
PER INCIDENT
Using a mobile telephone when in control of the
vehicle.

£50
PER INCIDENT
Eating during contracted periods or whilst driving
without medical exception.

£250
PER INCIDENT
Passenger Assistant not complying with
responsibilities. e.g. not assisting passenger,
sitting in the front of the vehicle, failing to
carry out their duties in the best interest of the
passenger.

£500
PER INCIDENT
Failure to hold a valid BCC ID badge, (including
red badge on specialist contracts).

£100
PER INCIDENT
Failure to wear / display a valid BCC ID badge at
all times whilst working on Council contracts.

£250
PER INCIDENT
Failure to carry a valid CPC card at all times whilst
driving PCV vehicles on Council contracts.

£125
PER INCIDENT
Failure to carry a valid driving licence at all times
whilst driving any vehicles on Council contracts.

£125
PER INCIDENT
Failure to wear / display a valid taxi badge at all
times whilst working on Council contracts.

HEALTH AND SAFETY

£500
PER INCIDENT
Parking, waiting, picking up or dropping off in
contravention of any road markings or prohibition.

£50
PER DAY
Failure to wear appropriate High Visibility clothing.

£250
PER DAY
Failure to have a robust drink and drug policy and
maintain accurate records.

£150
PER DAY
Failure to carry up to date route detail.

£150
PER MISSING
ITEM PER DAY
All vehicles on Council contracts must carry a
charged, in date Fire extinguisher and first aid box
and drivers must know the accessible location of
these.

£50
PER INCIDENT
Failure for specialised wheelchair vehicles to use
hazard lights while stopped.

£250
PER DAY
Failure to ensure that all vehicles used to fulfil
this contract shall be maintained in accordance
with the Councils Exceptionally Well Maintained
Criteria as defined in Annex A of the Specification.

£250
PER DAY
Failure to keep accurate Risk Assessment
Records.

£250
PER DAY
Using vehicles not identified on the approved list
(fine for each vehicle identified).

£250
PER INCIDENT
Failure to ensure up to date and accurate DBS
checks on all staff (fine for each member of staff
identified, at the Councils discretion).

£250
PER INCIDENT
Failure to attend identified training and meetings
(Penalty per person failed to attend at the
Councils discretion).

LICENSING AND INSURANCE

£500
PER DAY
Failure to secure appropriate insurance and MOT.

£250
PER DAY
Failure to maintain accurate records of insurance,
Driver Licensing Checks, MOT and servicing including sub-contractors.

£500
PER DAY
Failure to hold a valid and appropriate vocational
driving licence.

£250
PER DAY
Failure to adhere to licensing conditions.

£250
PER DAY
Failure to maintain accurate records of driving and
vocational license checks.

£250
PER DAY
Failure to display valid Private Hire Vehicles (PHVs)
and Hackney Carriage Vehicle (HCVs) vehicle
licence plates.

£500
PER DAY
Failure to hold the relevant motor, employee, public
and passenger liability insurance £10 million.

VEHICLE SUITABILITY & AVAILABILITY

£500
PER DAY
Failure to ensure the vehicle is roadworthy.

£500
PER DAY
Failure to ensure vehicles used on Council
contracts meet the requirements of relevant Acts
of Parliament, Statutory Instruments, Orders or
regulations that are in force.

£500
PER DAY
Failure to ensure the vehicle is at all times
maintained and comply with any licence conditions
or legislative requirements.

£250
PER DAY
Failure to ensure an appropriately approved vehicle
is used as when a replacement vehicle is required
(list of approved vehicles submitted to Council).

£250
PER DAY
Failure to have the correct legal lettering, livery or
route / destination clearly displayed on the vehicle.

£50
PER INCIDENT
Failure to provide appropriate high backed booster
seat (as described in Document 4 – 11.11).

£500
PER DAY
Failure to provide seatbelts fitted to every
passenger seat on all vehicles used to transport
Primary School aged children.

Please note this list is not comprehensive and the Council
reserves the right to identify other defaults in performance and
assign appropriate Penalty Points and Default Charges which
shall be incorporated into the Contract.

Madness.

People would have to be desperate to sign up to those conditions, but sadly in our trade we have desperate people.

Maybe the sensible ones will add a premium to their tenders, but that may lead the idiots to get the work.

I would complain to the Ombudsman about those conditions, as they are an abuse that could in the end render those contracts unenforceable.

_________________
IDFIMH

To me, the only protest the operators and drivers need to make is to give notice on ALL the contracts stating that they are not prepared to accept the unfair charges and let the Council sort out alternative arrangements, if they can. It wouldn't take long to get the publicity need.

_________________
Grandad,
To support my charity text MAYORWALK to 70085 to donate £5

as grandad says if they threaten en mass not to renew under those terms maybe the council will rethink but if all they do is moan they'll get nowhere

_________________
Taxis Are Public Transport too

Join the campaign to get April fools jokes banned for 364 days a year !

So the jobsworths would “fine” a driver or p/a if they were under the influence of drugs or alcohol.

How would they know I’d just had my daily fix of meth amphetamine, and how would they prove it?

_________________
Former taxi driver

Been on it for years, btw, and I haven’t found it the least bit addictive.

_________________
Former taxi driver

you are sounding more like a politician every day

1st rule of politics never tell the truth when a lie will do

_________________
Taxis Are Public Transport too

Join the campaign to get April fools jokes banned for 364 days a year !