Taxi Driver Online

Review of the impact of the repeal of the private hire vehicle contract exemption

Alex

_________________
ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ

Simply the best taxi forum in the whole wide world. www.taxi-driver.co.uk

Minister's statement re: the above.

The Minister of State for Transport (Mr Sadiq Khan):

The exemption from private hire vehicle (PHV) licensing for vehicles working on long-term contracts was repealed in 2008 by virtue of the Road Safety Act 2006. A similar change was made to the PHV legislation in London.

The Government decided to repeal the exemption at short notice during the passage of the Bill, which meant that a formal consultation exercise was not possible.

The Department undertook to review the impact of the repeal of the PHV contract exemption and today has published the report. The report has been published on the Department’s web-site and a copy has been placed in the Libraries of the House.

In compiling their report, the consultants asked a range of stakeholders - including licensing authorities, conventional PHV operators, operators of services where there were doubts about their position in relation to PHV law and consumers - about their views and their experiences since the repeal of the contract exemption.

It is apparent from the report that the impact of the repeal has been mixed; it has brought within the licensing regime many thousands of operators and drivers who had previously been working under the exemption, which is a desirable outcome in terms of enhancing safety. However, it has also generated questions about the position of a number of operators who would not regard themselves as conventional private hire but who carry passengers in a car as part of their wider jobs and who do not know whether they must be licensed.

The report concludes that licensing authorities and operators would like to see a more robust message from central government about the extent to which a range of operators at the margins of the definition of “private hire vehicle” do, or do not, fall to be licensed as PHVs.

The Department recognises that although Parliament has delegated responsibility for the licensing function to individual local authorities, there is a role for the Department in terms of offering guidance with the objective of achieving a degree of uniformity of approach throughout the country.

Accordingly, the Department will undertake to revise the Guidance Note which it produced in November 2007 in such a way as to offer a more robust view about which categories of operators should be licensed.

The review also showed that the other main taxi provision contained in the Road Safety Act 2006 – allowing licensing authorities to suspend or revoke a driver’s licence with immediate effect in certain circumstances rather than allowing them to continue working pending appeal – has been welcomed by licensing authorities as a useful additional tool in undertaking their licensing responsibilities.

_________________
IDFIMH

This is the bit that I was refering to in another post recently when someone said that drivers could always work pending an appeal.

_________________
Grandad,

Those certain circumstances have to be something like assault / theft, which make it inappropriate to allow the driver to keep working until the end of the appeal.

This interpretation was explained to me by John Bamber who is a licensing officer based in Liverpool and neighbouring areas. He takes his job very seriously and when I met with him to tell Gloucester licensing how to do their job I found him to be very reasonable.

It could also be for speeding if the driver has already had a few speeding fines. Some people still think that it does not matter what the offense is, they can still continue driving whilst waiting for the appeal.

_________________
Grandad,

Before the act was changed all drivers could work until an appeal was heard.

The amendment now allows a discretion.

What should happen is that drivers shouldn't be allowed to work if the complaints are of a violent or sexual nature, but should be allowed if, say, it's one of those council penalty totting up things.

_________________
IDFIMH

I would also add dangerous driving and driving without insurance and driving whilst under the influence of drink or drugs.

_________________
Grandad,

I tend to believe an LA have always had the power to immediately suspend a driver by virtue of the Local Government Act 1972.

CC

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

Indeed, but up until Jan 2008 drivers had always had a right to demand a court suspend that suspension pending a full court hearing.

_________________
IDFIMH

So now we have certain Licensing Officers who suspend drivers for the most dubious of reasons.

CC

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

Only because some drivers let them get away with it.

_________________
IDFIMH

Best they hurry up then.

_________________
IDFIMH