Taxi Driver Online

This is a tad different, and quite a useful idea as well.

First post is the official Blackpool Council news release, and the second post is the actual information.

Did think about putting the second post in the licensing and legal section on here, but here it is


Briefing note issues to dispel taxi myths

https://www.blackpool.gov.uk/news/brief ... 06-08-2024

All taxi drivers on the Fylde Coast are set to receive a briefing note in relation to out of area private hire vehicles.

Blackpool, Fylde, and Wyre councils are working together on issues relating to the taxi trade and provision across the Fylde Coast.

In recent years there has been an increase in out of area private hire vehicles operating across the Fylde Coast, such as those licensed in Wolverhampton or operated by Uber. This has led to questions being raised by operators and other stakeholders in all three local authorities.

A briefing note has been produced by the three authorities which will be sent directly to taxi drivers licensed by Blackpool, Fylde, and Wyre councils in response to the questions raised and to counter misinformation that has been published on social media.

A spokesman on behalf of three authorities said:

“Taxi drivers across the Fylde Coast have been contacting us on a regular basis in regards to different aspects of legislation that governs private hire vehicles. Although we have been providing this information we are aware that many conversations are taking place on social media where the incorrect information is still being shared. “We have worked together to produce a note that counters the misinformation that is being shared online and clarifies the points they are raising. It is really important that the taxi trade understand the legislation that is place and the powers we have to support them.”

The briefing note covers the legislation in regard to cross borders hiring, DBS checks, operating licences and enforcement action.

The briefing note can be found at www.blackpool.gov.uk/taxibriefing

Great start here - I mean, 'private hire taxis'


Out of area private hire briefing note

https://www.blackpool.gov.uk/Business/L ... -note.aspx

A joint briefing note by Blackpool Council, Fylde Borough Council and Wyre Council – Private hire taxis

Blackpool, Fylde, and Wyre councils are working together on matters relating to the taxi trade and provision across the Fylde Coast; taking a joined up ‘cross border’ approach.

There has been an increase in out of area private hire vehicles operating across the Fylde Coast, for example Wolverhampton licensed cabs, Uber, etc. This has led to questions being raised by operators and other stakeholders in all three local authorities.

This brief has been produced jointly by Blackpool, Fylde, and Wyre councils in response to the questions raised and to counter misinformation that has been published on social media.

What is cross border hiring and is it legal?

Cross border hiring refers to the practice of licensed private hire drivers and vehicles working outside the area where they are licensed. It is not illegal. The practice is permitted under current legislation and there are no geographic restrictions providing the operator, driver and vehicle are licensed in the same area (referred to as the triple licensing requirement). Local councils have no power to change or prevent this.

This restricts the ability for local councils to enforce effectively, set safety measures and knowledge standards for drivers, vehicles, and operators. This can undermine the confidence the public have in the licensed taxi and private hire trades within their area.

Any issues should be reported to the council where the taxi is licensed, and the local authority will deal with any complaints.

Do drivers licensed by other councils have to have up to date DBS checks?

In addition to satisfying some specific criteria, such as holding a British driving licence for at least 12 months and having legal status to work in the UK (not exhaustive) anyone wanting to become a licensed driver must satisfy the local council where they are attempting to licence, that they are a “fit and proper person” to hold a licence.

There is no legal definition of what constitutes a fit and proper person so there is no industry standard test of ‘fit and proper’, each local authority will have prescribed standards.

Since 26 March 2012, councils across the UK have been able to request enhanced criminal record checks before issuing licences to taxi and private hire drivers. This check, commonly known as a DBS check, is applied by councils all over the UK despite it not being a legal requirement.

The government also recommends that councils require taxi drivers to meet the medical standard required of HGV drivers (ie the DVLA group 2 medical standard).

If a private hire company isn't a licensed operator in Blackpool, Fylde, or Wyre can they operate here?

Provided that the company holds an operator’s licence and has a fleet of licensed vehicles and drivers issued by the same council they are permitted to operate anywhere in England and Wales.

There are no limitations on how many operators licences a single company can hold; therefore, they may hold multiple in various parts of England and Wales.

Why can't Blackpool, Fylde, or Wyre ban operators from areas in the same way Oxford and Reading have?

No local authority can impose licensing conditions on a private hire operator that would prevent the operator from doing something which the law permits. A council cannot ‘ban’ a licensed operator from a specified area.

The courts have recently determined a case in favour of an operator who had conditions restricting the movement of the fleet imposed on the operator’s licence.

Speculation that Oxford and Reading have imposed a ban on outside operators is incorrect.

Are private hire vehicles licensed elsewhere unlicensed, and uninsured when operating in the area?

Provided the triple licensing requirement is met, the vehicle is operating within the law and both the licence and insurance are valid wherever the vehicle operates, they are not invalid because they are out of the area they were licensed.

It is common practice for local private hire operators to obtain a second private hire operator’s licence from another council area and then subcontract local bookings to the second private hire licensed operator and dispatch vehicles/drivers licensed by the second council.

What is an 'intended use policy' and can the councils use this to restrict cross border vehicle usage?

The law allows holders of hackney carriage licences, to be available for hire in the area they are licensed, to carry pre-booked journeys anywhere in England and Wales.

‘Intended use policies’ can be adopted by councils who want to reduce the number of hackney carriages working predominantly to carry pre-booked fares in other areas rather than being available for hire in their licensed area.

These policies only have relevance to the licensing of hackney carriage drivers. Any attempt to implement similar policies in respect of private hire drivers would fail because the restrictions would be in direct conflict with the principles of cross border hiring.

Can a council refuse to process and application for an operator's licence?

Provided the application is complete, meets and satisfies all the specified criteria and the relevant fee is paid, the application cannot be rejected.

Can Blackpool, Fylde or Wyre take enforcement action against drivers not licensed by them?

Where authorised officers from a local council detect offences that fall within their area, these can be investigated, and a suitable criminal sanction considered as appropriate.

When certain offences are committed under the Town Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976, authorised officers are able to take action against vehicles/drivers not licensed by their authority.

These are limited to offences where only the local authority where the offence took place has the option to consider prosecution action. For example, waiting on hackney stands and illegally plying for trade.

Are hire vehicles required to display the operating company they belong to?

Whether vehicles are required to carry a company sticker or other identity marking is a matter for the respective council who licence the vehicle. For example, Blackpool Council require private hire vehicles to display the message “licensed private hire vehicle not insured unless pre-booked”.

Blackpool does not require the company name to be advertised on vehicles licensed by them but does permit it. Other councils may have different requirements on what must be displayed on the licensed vehicle, compared with what is permitted to be displayed.

Why are councils setting fares that are too high and not competitive?

Local authorities do not set the fares for private hire vehicles, only hackney carriages and this is a maximum chargeable fare only, the trade could decide to charge less.

Wish I hadn’t bothered pasting all that now – the questions in bold and larger type above couldn’t be copied, so had to type them all out, so that together with fannying around with my internet connection…

And can't be bothered going through it all, but a few things that came to mind while faffing around with it all:

- not sure if the question about whether up-to-date DBS checks are required really directly answers the question…

- ditto the question about enforcement action – the first paragraph seems to be saying that most LO enforcement stuff can only be undertaken against locally-licensed cars, but that could maybe be expressed a bit more directly, in my opinion at least.

- when reading it all, was thinking that just when they’ve issued this, a whole raft of questions have arisen due to the Wolves policy changes, and to that extent some more specific information on that would have been useful. And, most obviously, the signage question is particularly relevant as regards uncertainty, thus it would have been useful to specifically address that above.

To be fair, though, the Wolves signage question and other issues seem a bit up in the air. And it would also be difficult for Blackpool and the other councils to cover the requirements of every other council’s cars that may be working in the Fylde Coast area – that’s not really their remit.

- lastly, I don’t think the question about the setting of (supposedly) uncompetitive fares really answers the question directly, rather than sidestepping it

It wasn't answered, but the council should have said yes.

I'm as anti cross border as anyone, but I never question their DBS status.

I suppose they could have clarified what they mean by up-to-date i.e. 6 monthly automatic updates, or every three years, but more and more councils are now doing the auto-update.

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IDFIMH

It is indeed a bit woolley.

Those councils can request that Wolverhampton, or any other council for that matter, authorise their officers to check their drivers and vehicles.

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IDFIMH

But at least the councils have tried to inform the drivers they license, and you have got to give them 10 out of 10 for that.

Maybe the councils should also speak to their local MPs about changing the law.

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IDFIMH