Taxi Driver Online

'Don't panic' volunteers urged

06 January 2008 17:46

Volunteer drivers who act as good Samaritans, transport-ing the elderly, sick and disabled around the region for little recompense have been urged not to panic about new legislation which is changing the way some vehicles used for such purposes have to be licensed.

But they have been encoura-ged to talk to their local groups and associations in the run-up to the law change later this year which will see some drivers and cars subject to stricter controls.

The new law dictates that private hire vehicles and drivers must have a Criminal Records Bureau check, a medical test, an operator's licence, a test which is stricter than an MoT test and a special licence plate - all of which would cost an average of around £200 a year.

The changes have been brought about because of concerns about iniquities in the taxi and private hire industry, which has allowed some businesses to exploit loopholes in the law and avoid checks on their drivers and vehicles.

The law reforms have prompted concerns that wherever money changes hands, even if it is a small amount on an informal basis to cover part of the fuel cost of a trip, the car and driver would have to pay out for licensing.

But the majority view appears to be that as long as drivers are operating 'not for profit', they are exempt from the stringent new rules, said Andrew Campbell, who works in north Norfolk for Norwich and Norfolk Voluntary Services.

"The lead body, the Comm-unity Transport Association, is very clear that there is no change to the legislation so long as the individual is doing it not for profit."

Mr Campbell said the various organisations were very happy to talk to each other about the issue, especially if there were concerns at any level.

Paul Gray, of the North Walsham Area Community Transport Association, said that if every volunteer driver had to be licensed and checked it would "wipe out" schemes across the UK.

But he felt there was nothing to fear from the new legislation because of the not-for-profit exemption, but urged further clarification at government level.

Tony Gent, leading licensing officer at North Norfolk District Council, said he still had concerns about the definition of a private hire vehicle and he had called a meeting at the end of February to allow all parties to come together and express their views. He was still keen to get "chapter and verse" on the definitions from the government.

A Department for Transport spokesman said: "The law on exemptions from private hire vehicle licensing require-ments has been changed to improve public safety.

"Department for Transport guidance advises that this change will not affect voluntary services or those where any payment only covers expenses. However, decisions on each case will be the responsibility of the local licensing authority, and voluntary providers with any queries should contact them for advice."

The guidance is also available in full on the DfT's website at www.dft.gov.uk/ pgr/regional/taxis/ rsa06privatehirevehicles.

And the definition of expenses is........

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Why don't you get a proper job???

IMO if it's over 40p a mile, then that's commercial gain, and should be viewed as hire and reward which needs a license of sorts.

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IDFIMH

The PCO have just published some guidance for the London trade re: Ambulances. The way I read it is that patient transport, via volunteers, is going to be viewed as needing a PH license.

PCO Notice 02/08

Private hire vehicle licensing:

PCO Notice 36/07 gave details of the amendment to the definition of a private hire vehicle (PHV) and outlined the arrangements for ensuring those services affected by the change are brought into the licensing regime.

Now that the definition of a PHV has been amended, some ambulance services fall within the meaning of a PHV. There is no specific exemption in PHV licensing legislation for an ambulance and the Government has no plans to introduce such an exemption.

The term ‘ambulance’ covers a wide range of vehicles but it is not the intention of Transport for London to license those vehicles that provide a genuine specialist or emergency service. In its guidance note dated 23 November 2007 on the impact of section 54 of the Road Safety Act 2006, the Department for Transport (DfT) provides guidance as to what services should legitimately be distinct from PHV licensing.

In clarification of the DfT’s guidance note, the definition of ‘ambulance’ that the PCO will apply, is:

A vehicle that falls within any of the following categories may be excluded from the London PHV licensing process.

Vehicles must have a rear compartment with a permanent means of conveying a person in a recumbent position, together with an attendant seat to accommodate the presence of a health professional. The words 'Ambulance' must be clearly signed on the front and sides of each vehicle. The vehicle should also be fitted with a blue warning beacon or a device which resembles a blue warning beacon (Road Vehicle Lighting Regulations 1989, section 16).

Ambulances in the NHS, private, local authority, military and voluntary sectors that comply with this definition will be classed as emergency vehicles.

There are three key requirements for this category:

These vehicles will be readily identifiable as used for the carriage of such people by being marked ‘Ambulance’ on the front and sides of each vehicle. Vehicles may require the presence of a health professional.

Organisations that operate ambulance services and are affected by the change in the law are advised to obtain their own legal advice with regard to the need to be licensed.

1. A vehicle constructed or adapted for the purpose of the conveyance of recumbent persons in accordance with any relevant definition in Vehicle Construction and Use legislation.

2. Specialist vehicles which do not meet the criteria in 1 above (for example 'first response' vehicles) but which are defined as emergency vehicles under section 16 of the Road Vehicle Lighting Regulations 1989 due to the fact that they are fitted with a blue warning beacon or a device which resembles a blue warning beacon.

3. Vehicles which operate as part of a formal, contracted, patient transport service, usually non-emergency and solely for the purpose of the planned transport of patients who have been assessed by a health professional as having a medical need for specialised transport to or from medical appointments. These vehicles must be constructed or adapted and used for no other purpose than the carriage of sick, injured or disabled people to or from medical appointments.

a. is specifically constructed or adapted in some way for the purpose of the carriage of sick, injured or disabled people;

b. has been booked because the person to be carried has been assessed by a health professional as having a medical need for specialist transport to or from medical appointments; and

c. is not used for ‘social’ hirings.

Mary Dowdye

9 January 2008 Head of Standards & Regulations

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IDFIMH

Even at 40p per mile (which equates to 80p per mile on the meter) in this neck of the woods I reckon I could earn a living running unlicensed vehicles (no age limit, no council fees, no hire and reward insurance etc.) using unlicensed drivers (no CRB check, no drivers badge etc.)

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Why don't you get a proper job???