Councils could be handed greater powers to tackle 'rogue' taxi and private hire vehicle operatorsLGA media release 4 May 2013
‘Rogue' taxi and private hire operators who endanger passenger safety could face a crackdown after council leaders urged the Government to hand them tougher powers.
New rules, proposed by the Law Commission and backed by councils, could see local authorities handed greater powers to stop licensed vehicles, impound cars, impose fixed penalty schemes and further tackle touting from out-of-area vehicles.
It follows recommendations from the Local Government Association (LGA), which represents more than 370 councils in England and Wales, on how the current outdated laws should be reformed.
Some of the existing licensing laws date back to 1831 and still refer to horse-drawn carriages, leaving both operators and councils questioning their relevance to modern passenger transport systems.
The Department for Transport asked the Law Commission to review the law relating to the regulation of taxis and private hire vehicles, with a view to its modernisation and simplification.
After a consultation last year, it has published its key decisions in an interim statement and has changed its position to reflect many of the key points made by the LGA.
In a significant step on the journey to increasing protection for residents, key recommendations include:
- •Councils retaining the power to manage the number of taxis licensed and operating in their area.
- •Local authorities handed more powers to intervene when they have concerns about a vehicle or a driver.
- •Allowing councils to introduce local safety measures above and beyond minimum national standards.
- •Bringing niche vehicles, such as pedicabs and limousines, into the licensing system – allowing councils to ensure that residents can be confident of any vehicles that carry them as passengers.
- •Retaining a two-tier system between taxis and private hire vehicles – providing users with consumer choices that balance fairness of price with access to quality services.
Cllr Mehboob Khan, Chairman of the LGA's Safer and Stronger Communities Board, said:
"This is an important development for councils and their residents and we are pleased that the Law Commission has taken our views and concerns on board when drafting these significant recommendations.
"It is vital that councils retain the flexibility needed to innovate, react to their individual local needs and ensure the safety of all passengers.
"Taxis and private hire vehicles are an essential means of transport for communities and especially older or disabled people and all passengers have the right to expect the vehicle and its driver to meet certain standards of safety.
"If agreed, these tougher new powers would allow councils to protect people from rogue or irresponsible drivers without having to go through an outdated process which could see passengers put at risk before it is completed.
"Our experience has shown us time and again that it is impossible to establish a national set of safety guidelines that is both flexible and responsive enough to react rapidly to changes in technology, passenger requirements or distinctive local conditions.
"That is why we have always supported introducing a national minimum safety standard that can be improved or tailored by councils and it is pleasing the Law Commission has also recognised that key fact.
"The LGA will be lobbying hard for the Department for Transport to accept these proposals when they are finally presented to ministers."
Case studies
• Bristol City Council and police launched a crackdown on taxi licensing last month with 62 vehicles checked. Ten were not legally licensed and the drivers were suspended with immediate effect.
• 17 vehicles were stopped during a joint operation by Bradford Council and police in March with five issued fines for offences, one seized for having no insurance and seven drivers suspended.
• Ribble Borough Council launched a crackdown on rogue taxis operating without a licence following concerns that some are crossing into the borough and touting for trade.
• Wolverhampton City Council licensing officers are working alongside police to crackdown on unlicensed taxi operators. An operation on 2 April resulted in two people being reported for touting.
Notes to editors
1.The Law Commission plans to publish a final report with recommendations and a draft Bill for ministers to consider by late 2013. The interim statement can be found here:
http://lawcommission.justice.gov.uk/are ... rvices.htm2. The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed.
3. The Law Commission held a four-month consultation into taxi and private hire vehicle licensing regulations last May, which attracted more than 3,000 responses.
4. More than two-thirds of the Commission's law reform recommendations have been implemented, and a number await the Government's decision or Parliamentary time.
ends