Taxi Driver Online

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

The Casey Column

By

Wayne Casey LL SC NTA & BAR

“I liked this column so much......I went to the toilet to read it”
Barack Obama

Best clipping from a Ministerial statement 2009

“Can I just begin by saying that I appreciate how much the NTA has done to professionalise the trade and make its views known. I have been a Minister in this area for four and a half months and what I did when I took over was look into all the various stakeholders whether you are bus, whether you are rail, whether you are light rail, whether you are taxis and find out a bit about the body that represents the particular stakeholder. When I looked at the achievements of the NTA whether it was helping with the introduction of clause 46 in the Road Traffic Act which allowed the vetting of all applications for hackney carriages or when I saw your fight against the mandatory orders used by local authorities it was quite clear you are a successful Association and you and your members do an invaluable job in improving the plight of taxi drivers which helps customers, citizens, voters.”

Rt. Hon Sadiq Khan MP, Minister of State for Transport

Where has 2009 gone?

In 1992 her majesty the Queen declared the year an ‘Annus horribilis’, during the course of that year she suffered 2 family divorces, 1 separation and her house caught fire. I think on a personal level 2009 has been my own ‘Annus horribilis’.

The weather has been ‘crap’ all year, I played golf....... awfully, had some pretty weighty personal family issues, the job itself has been sh*te, I reached 40 years of age, and to cap all things, one day in September I sat on the toilet determined to relieve my bowels and read a book, and realised my stomach was touching my thighs.

Yes folks, unless I do something PDQ I’m going to be officially, a fat b*stard.

Taxi trade wise the year hasn’t been much better. Reports from virtually every area of the country suggest trade has fallen off to such levels that cab drivers have been forced to eat their own shoes, anyone lucky enough to find a kebab on the cab floor on a Sunday morning can be happy in the knowledge the family Sunday lunch is basically sorted.

In terms of the legal issues, we are still wondering about the relevance of the much awaited court case between Newcastle City Council and Berwick. Admittedly this came through in November 2008, but reading through it took until mid 2009 and still nobody is any the wiser, especially with the new Northumberland Council, who replaced Berwick when they ceased to exist as in April 09.

Indeed, whilst hindsight is a truly marvellous thing, the Berwick case actually raised more questions than answers, surely the 1 question that needed to be asked, wasn’t actually asked, that is of course; Can a hackney carriage accept a booking whilst its out of its licensed area?

Some local authorities have adopted policies where they specifically ask where the proprietor intends to work the vehicle, I am not aware of any specific challenge to that question so far, no doubt it will arise in the future.

I suppose I better mention the Liverpool Court case, moreover, the report by Liverpool’s licensing department of October 09, which compared to the report of March 08, certainly leaves me wondering how on earth the people who write these things still have jobs. Hey ho, by the time this goes to press, they maybe haven’t!

The 48hour working week seems to have been put completely to bed in terms of the taxi trade with a statement made by the Right Honourable Sadiq Khan MP at the NTA conference. Taxi Drivers are not to be included and there are no plans to include them.

The Ministers full speech has been sent out to all NTA members.

Those who regularly read this column will be aware that I have from time to time offered pretty decent advice to cab drivers, as well as a definite view of life in general.

The advice towards the beginning of the summer was to equip drivers with cricket bats, thus giving our cricket team selectors a greater pool of players to select from, and by chance offering the cab trade a very real alternative to mealy mouthed training companies that know about as much about self defence as Jean-Alain Boumsong. With England regaining the Ashes it seems obvious my advice was heeded.

It is refreshing to see a number of local authorities reconsidering their position in respect of numbers regulation. It’s an absolute travesty this type of action is seemingly on the back of the worst recession the cab trade has ever experienced. Indeed, with cabs being snatched back at an alarming rate, drivers going to the wall and family lives in ruin, its a disgrace they didn’t think about all of this in the first place.....as you all know we did warn them.

NTA Announce individual membership for 10p per day

The NTA membership discussed individual membership at its recent AGM. Whilst the postal service may not like the advent of email, the membership of the NTA do, as a result the NTA are now able to offer membership for £36.50p per year.....£36.50 or in other words 10p per day to be a part of a national organisation.

The Hackney Carriage Trade is a profession. It goes without saying that as a profession it needs a professional body to represent its views at government and local level. It is difficult to imagine any decent solicitor not being a member of the Law Society, why should the taxi trade be any different?

With ever changing legislation at both local and national level, I would suggest a professional body for the taxi trade is more essential to our trade than any other.

NTA membership gives you the opportunity to receive consultations from government as soon as they arrive, giving your views as part of a common accord, access to taxi caselaw and advice on a local level.

Application forms are on the NTA website; www.national-taxi-association.co.uk

Individual membership is outlined within the NTA's company rules, as a member you are entitled to one vote at the AGM and obviously inclusion on the mailing list.

The NTA articles in connection with individual membership state;

(2) Individual

Applications for membership of the company shall be considered from individual licensed taxi proprietors following vetting from one of the Company's regional officers/committees and only if the proprietor fits the following criteria can they be accepted as members of the company;

(i) they are individual taxi proprietors who own and operate at least one licensed taxi in an area where there is no other member of the Company, or if there shall be such member or members those members consent to such taxi proprietors being admitted to membership; or

(ii) they are individual taxi proprietors in an area that has no constituted member Taxi Association;

(iii) the application has been thoroughly vetted by the appropriate regional officer.

Union Troubles

Nothing much surprises me in the cab trade anymore, or it shouldn’t. Last month I mentioned a particular trade union (Unite to be precise) and their opposition to my views in respect of hackney radio circuits being licensed. I know; it’s a surprise that anybody would dare disagree with me, but fair play to the boys and girls in Unite the union, last month in their monthly paper, they reaffirmed their view.

I’m not sure I will be able to write any words to persuade them to change their view, but perhaps, for at least a couple of minutes, they should take a little peek outside of London.

Since deregulation many areas that used to have hundreds of Private Hire cars now have hundreds of Hackney Carriages, effectively the former PH driver’s switched codes to HC. The new HC drivers didn’t dispense with their PH radios, indeed, as deregulation brings a complete oversupply of taxis, the radios were regarded as more essential than ever.

The PH Operator therefore now has a fleet of Hackney Carriages working for him, or more to the point, hiring radios. Apparently there is nothing in English licensing law about a person who rents radios to exclusively Hackney Carriages or accepts bookings for Hackney Carriages, the PH operator no longer therefore needs a PH Operators license.

As I stated previously, only a complete moron would expect a one man band to keep bookings and records of the people he picks up. However, to expect a person whose only interest in the taxi trade the rent of radios to hackney carriages, to be completely free from the reins of licensing is in my view equally moronic.

Ironically, such a licensing system in place would arguably stop the practice of HC plates from one area being used exclusively for private hire in another.

On the subject of strange things happening, I notice the RMT, which used to represent train drivers, now represents a growing number of taxi drivers in the stranger place known as London, is according to Cab Trade News, supporting Minicabs.

They have reportedly allied themselves with the GMB Union, that used to represent boilermakers, but now represent Minicab drivers (in the Capital at least).

Headlines sell papers, even when the paper is free. Yet from a position of just over 300 miles away, it is pretty clear that the RMT must be doing something seriously right to upset the other trade bodies in London, from this position it looks like all the other taxi trade bodies are ganging up on the RMT. I wonder if rumours are correct and the RMT are having a major impact in recruitment to the detriment of the others?

In so far as I am aware, the RMT has agreed with the GMBPDB on one clear thing, this is the growing mistrust of the PCO (Public Carriage Office) and they’ve both called for a public enquiry. I’m sorry to say this, but sometimes agreeing with a party, even when they are effectively the opposition, is a thing that should be done to solve a mutual problem.

I know one thing. Eddie Lambert is a person I have a lot of time for, even though I disagree with him on all manner of things. I do not believe the guy would ‘sell out’ the cab trade which was virtually suggested in other taxi media.

I can only presume the RMT are seriously worried about how the PCO have handled such mundane things as the possible licensing of a schizophrenic and the clipboard jonnies operating freely around the capital.

Whilst it is true, these reasons will no doubt be different to my old adversary Terry Flanagan of the GMB, even I know that I’d rather have Terry on my side than against me (as he invariably is).

I’m sorry to say this, but after the NTA conference on the 390 mile trek back into civilisation we stumbled across a car park known as the M25. I was overtaken by a London PH car bearing the legend ‘Addison Lee’ on the rear window. The thought occurs that a great number of local authorities outside of London expressly prohibit private hire vehicles from carrying such signage. Perhaps when the trade bodies in the capital stop fighting with each other they will sort such things out?

The Scottish Trip.....part 1

At the beginning of November the editor kindly allowed me to assist delivery of taxitalk to Glasgow and Edinburgh. The allure of Belhaven Best is never one I can quite resist; I therefore intend to return in December.

Amongst the drops we did our regular trip to Glasgow Airport, where drivers told me trade was slow to say the least. I’m not sure what the situation is with the airport, but I must say in my honest opinion, the conditions that drivers have to put up with in what is possibly the feeder rank, seem a little Dickensian to say the least. How on earth the drivers know which car is next in line to the terminal is beyond myself and worthy of admiration.

On the subject of Glasgow, I was astonished to see boxed vans and massive ‘A’ boards parked all around the City giving the impression that Glasgow’s Private Hire Cars were in fact ‘TAXI’ companies. I don't profess to know Scottish taxi licensing law, I am barely capable of understanding the English version.

I will however point out that the NTA are making moves this year to stop such misleading advertisements on the English side of the border, the attack will be two pronged and I’ll keep you all informed as to the progress.

In Edinburgh we did the usual drops and met up with Bob McCullough for a pint of Belhaven. Note to diary.....3rd November 2009, a Scotsman bought me a drink.

I’d like to wish all readers a Happy Christmas and seeing as I was called anti Jewish this year by some thick tw*t with too much time on his hands, a Happy Hanukkah as well, a prosperous New Year to you all, well almost all of you.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Captain Chaos sent me this;

The Reiver

Bumper Christmas Episode

Bah humbug training?

The government seem hell bent on us all being trained, but I don't actually think they’ve mastered the art of rudimentary economics. Indeed, the current financial situation in the country certainly suggests my theory is correct.

GoSkills told the NTA conference they had secured £40 million quid’s worth of funding for taxi driver training. This was turned around by one wag to footballing terms; Taxi Trade nil.....leeches forty million.

With about a quarter of a million licensed drivers throughout the country and the NVQ coming in at about £1800 per student, the basic maths of the situation is that to train the taxi trade the government are going to have to find somewhere in the region of £450,000,000 million pounds. Now that IS an awful lot of money.

When we hear stories about our armed forces having to beg, borrow and steal equipment from our US allies in Afghanistan due to money for the proper equipment not being forthcoming. It patently shows how ridiculous this all is.

‘I’m sorry you can’t have a shiny new helicopter this year, we’ve got cab drivers in Leamington Spa that need trained!’

Frosty the Snowman am I bovvvvvvered?

The taxi trade has a predilection of burying its head in the snow and completely ignoring the world revolving around it.

The announcement at the NTA Conference that Private Hire are to be allowed to do bus services shouldn’t come as a surprise, after all, the Hackney Carriage trade have had this opportunity since 1985, yet the take up by entrepreneurial cab drivers has been minuscule to say the least.

The original wording of the 2008 Road Transport Bill stated under clause 26;

Clause 26: Use of private hire vehicles to provide local services

70. This clause amends sections 12 and 13 of the TA 1985. These sections currently enable holders of a taxi licence to apply to the traffic commissioner for a special restricted Public Service Vehicle ("PSV") operator's licence (granted under section 12), entitling the operator to use taxis to run local bus services. The effect of the amendments is to extend this ability to the holders of private hire vehicle ("PHV") licences, enabling them to use PHVs to provide local bus services. The amendments would allow PHVs operating in this way to pick up passengers spontaneously rather than having to be pre-booked through an operator.

Again, I should point out that this has been mooted for a good 3 years, yet nobody, absolutely nobody in the Nations Hackney Carriage Trade or unions seem to have fully understood the possible implications of allowing private hire to be effectively ‘taxi buses’.

Well basically, as with current taxi legislation, a private hire can basically be a bus one moment and a PHV the next, but when it’s a bus it’s a bus, and when it’s a private hire its a private hire. One moment the LA cannot touch it, but VOSA can, the next moment the LA can touch the vehicle, but VOSA cant.

So what happens? Well the PH gets his designated route and basically picks up people on route, he’d have a little sticker or suchlike which says BUS, and can pick up people along the route only.

That’s right, I’m quite sure at no point will the driver be tempted to take the bus passenger off route for a couple of quid, and I’m absolutely certain the driver wont forget that at times when he’s not a bus he’s private hire and not able to pick up at bus stops or off the street. Indeed, I’m reasonably certain Joe Public will not be confused that the vehicle who picked him up at a bus stop, un-booked, cannot pick him up un-booked at other times. It’s not even entered my mind that the driver will give out business cards for potential new custom.

Did you know, up and down the country almost 87% of taxi ranks are within 30 metres of a bus stop? You didn’t? I’m not surprised I just made it up.

How would you feel if a PH Company got all of its fleet to pick up on a particular route that went past your ranks? Can’t imagine you’d be too pleased about it. Just imagine private hire cars going up and down the promenade at Blackpool, all day and all night, picking up people at every stop quite legally. In a strange kind of way I find that amusing, particularly as Blackpool don't like taxitalk because Casey upset one of them.

Don't think this won’t happen either; the hackney carriage trade do seem for the most part to have been living in a 1959 time warp for the past half century.

I can’t help but think, one of the main reasons some in the Hackney Carriage Trade will be against Private Hire being taxi buses is not the fact that they’ve had the opportunity for over 20 years and spurned it, but for the fact they actually know Private Hire will actually make a success of it, its going to be like christmas.

Hackney Carriages used for Private Hire, let it snow, let it snow, let it snow

The law is reasonably clear on this, section 67 of the 1976 Act states;

67 Hackney carriages used for private hire

(1) No hackney carriage shall be used in the district under contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or table mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

So let’s be clear here, this means that any time your cab is used on a pre-booking, you can only charge the rate of fare as set out via your byelaws. This applies anywhere within your prescribed district for fares wholly within your prescribed district.

Section 55 of the 1847 Town Police Clauses act makes it illegal for a driver to agree with a passenger more than the prescribed fare.

55 Agreement to pay more than the legal fare

No agreement whatever made with the driver, or with any person having or pretending to have the care of any such hackney carriage, for the payment of more than the fare allowed by any byelaw made under this or the special Act, shall be binding on the person making the same; and any such person may, notwithstanding such agreement, refuse, on discharging such hackney carriage, to pay any sum beyond the fare allowed as aforesaid; and if any person actually pay to the driver of any such hackney carriage, whether in pursuance of any such agreement or otherwise, any sum exceeding the fare to which such driver was entitled, the person paying the same shall be entitled, on complaint made against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall be liable to a penalty for such exaction not exceeding [level 3 on the standard scale]; and in default of the repayment by such driver of such excess of fare, or of payment of the said penalty, such justice shall forthwith commit such driver to prison, there to remain for any time not exceeding one month, unless the said excess of fare and the said penalty be sooner paid.

Bearing in mind the 1847 act came about before the advent of taximeters I suggest it is a useful bit of legislation, very often these types of jobs are quoted fares where the meter isn’t turned on, therefore the driver will be aware the fare he is charging is more than the prescribed fare according to the table of fares.

Some licensing areas are quite large, where villages and small towns are inconveniently miles away from where taxis work.

We are all aware of some fares that rather than going from point ‘a’ to point ‘b’, go from point ‘b’ to point ‘c’. In other words, some jobs might be a mile long rtfc, but the driver has to travel 5 or 6 miles to get to the pick up point.

A common practice is to give a quotation based on the fare from point ‘a’ to point ‘c’.

As previously stated, the Acts are clear on the issue, taxis can only charge from the pick up point, you cannot charge for the dead mileage and you cannot agree a fare which is more than the table of fares allows. Of course, this is one area where our private hire brethren have a definite advantage over the HC trade, their fares are not regulated and they can charge as they see fit.

The ultimate loser in all of this is the passenger, what is better, a taxi service which costs a few pounds extra, or no taxi service at all? But lets face facts here, and as I promised the editor to be especially Christmassy this month I better get a mention in this bit.

A council when dealing with this invariably deals with Father Christmas the same way. You know, Father Christmas. That person most children know as Santa Claus, a big, round, red-cheeked, joyous, old gentleman who delivers Christmas gifts clad in black boots and a red and white suit. But thanks to your local authority he has to have a CRB check just to make sure he’s not a paedophile, besides, Christmas is cancelled anyway because its not representative of every other religious faith in the world.

And don't even think about getting a tree above 4 foot high, otherwise for health and safety reasons your going to need scaffolding. Lights on the tree? Get them checked out by a NIC approved electrician.

The Grinch

The Doom Twins appear to have called a Christmas truce with those wacky old decisions made by some council’s. Maybe it’s because they’re scouse and around this time of year they listen to Sir Paul McCartney’s ‘Pipes of Peace’, which will no doubt be on Scouse FM everyday, twice a day, for the next month. Personally I thought the song was cheesy and much prefer Mr. Hankey, the Christmas Poo. Anyway, I don't think a Christmas truce will work against certain LA’s, invariably in terms of the cab trade, they are like the Grinch.

I don't know where Wyre Forest actually is, I understand the Town / City of Kidderminster is in the area, but even then I’ve no idea where that is, although it does exist, because the NTA has members there.

The local association has been running a long campaign to reverse a silly decision by the council to implement a WAV only policy towards taxis, indeed, even last year they (the council) were working to a mythical government announced deadline that has been withdrawn for the best part of two years.

Last month the council decided, in their infinite wisdom, to license a ‘Tuk Tuk’ as a private hire vehicle. This is not a joke, this has happened.

The owner of the ‘Tuk-Tuk’ a Mr Glover-Winfield, set up a free service in June because of the lack of parking spaces at his pub the ‘Hop Pole Inn’. People who booked a table at the Hop Pole would meet him at the ‘Cock and Magpie’ (no smart ass comments Mr Cummins please) 30 minutes before their dinner reservations for a ride in the ‘Tuk-Tuk’.

The district council told him he could not provide the provision without a licence because it was classed as private hire.

Mr Glover-Winfield said: “I thought there would be a 50-50 chance that I would get the licence.

“I didn’t know which way it was going to go. I think common sense has prevailed.” He added that he did not know when the ‘Tuk-Tuk’ would be back on the road, as he now needed to find a private hire driver.

Ahhh, common sense, now that’ll be something to do with licensing a vehicle which is unsafe for passengers then?

I’m quite surprised Mr Glover-Winfield thought there was a 50-50 chance, according to the local authority website, the conditions attached to a PH Vehicle license stipulate, the vehicle must be red in colour and the red colour shall be matching to BS 5252 (reference no.04E55), must be less than 2 years of age, have a minimum of four doors, every seat shall have a minimum width of not less than 16 inches per person and the rear seat shall accommodate not less than three persons.

Still it could be worse, if it was a hackney carriage it would have to carry a wheelchair passenger, indeed, if he is providing a service why can’t the wheelchair bound also benefit?

Has the world gone mad? Why lay down conditions attached to vehicles that should be specifically designed around the safety and comfort of passengers, then they allow vehicles such as Tuk-Tuk’s to be licensed?

Indeed, whilst I don't doubt for one minute Mr Glover-Winfield’s PH operation will be legal, I wonder about how passengers will make bookings, surely directing him towards the traffic commissioners would have been a more sensible route? After-all it is a designated route going from Point ‘A’ to Point ‘B’.

You don't know what your doing Ho Ho Ho


Ian Stewart (Eccles, Labour)

To ask the Minister for the Cabinet Office what contracts her Department has with private hire taxi companies; and what information her Department holds on such contracts held by other Government departments.


Angela Smith (Minister of State (Third Sector), Cabinet Office; Basildon, Labour)

The Cabinet Office has one contract for the provision of taxi services—this is with Addison Lee and it is used for most pre-booked journeys where public transport is deemed unsuitable, for example due to unsociable hours or a lack of available alternatives.

The people that grinned themselves to death

I’m sorry I tried to be as jovial and jolly as I could, but some things in life really p*ss me off.

Casey was recently telling me he received an email from a guy in Birmingham who was a tad miffed that his council were about to introduce a private hire ‘sub office’ at a nightclub called the O2.

Apparently Casey sent the guy a professional reply, pointing out the lack of consultation with the trade and various other matters to do with fire brigades and deaths caused by people exiting fire escapes and their routes being blocked by private hire cars awaiting ‘pre-booked’ fares, and the council licensing something that didn’t actually exist.

He did all of this even though the chap wasn’t an NTA member.......and do you know what he got?

Well you shouldn’t be surprised, but, he got absolutely zero, nothing, not one iota, not even an email saying thanks for your email it was completely crap and we hope you catch herpes.

Well the story follows on, recently as November we had the Taxi Globe from London telling their readers what a good job the LCDC did in respect of the’ sub office’ and how this was a victory for the cab trade.

Well, I think someone better tell Birmingham City Council about this victory, because the private hire company actually got their wishes granted at a meeting the following month, yet in despite of this, Taxi Globe published their victory story a month after private hire were waiting for their pre-booked, if not slightly charred customers outside their ‘sub-office’.

Does victory mean something different in our glorious capital?

As for Casey, well perhaps the NTA membership should tell him to concentrate on members and not freeloaders.

Happy Christmas

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Oi, don't spoil it. I'll have nothing left to read!