Is Transport for London considering a U-turn on its recent review of its Conditions of Fitness for licensed taxis?

Following the threat of legal action, indications are that Transport for London (TfL) might be considering a U-turn tighter than that specified by the turning circle requirement in its infamous Conditions of Fitness (CoF) for licensed taxis.

In a statement, TfL confirmed that a fresh review would cover three particular aspects of the revised CoF:
- the turning circle requirement;
- that sliding doors must be power assisted;
- the requirement for a one-piece window.

Background
With no significant review for over forty years, in 2002 the Public Carriage Office (PCO) decided to re-visit the CoF.  The review was welcomed by many in the London black cab trade, who viewed it as a chance to have the option to buy and drive something other than LTI's TXII or a MetroCab.

The outcome of the review was published in June this year, and particularly significant was that the turning circle requirement was retained.  Although this was welcomed by some in the trade, others viewed the result in terms such as 'a kick in the teeth'.

However, some additions to the CoF, such as the specification of ABS brakes, were generally welcomed.  But what is perhaps surprising is that manufacturers should have to be compelled to fit such a feature on a 21st Century motor vehicle costing in excess of £30,000.

Cab Direct legal challenge
Since the outcome of the review ensured that suppliers of 'alternative' taxis would continue to be unable to supply the London trade, Cab Direct announced that they would pursue their exclusion in the courts.

Cab Direct's case is partly based on the fact that the turning circle requirement precludes European manufacturers such as Peugeot from entering the market, and that this is contrary to European law on the free movement of goods.

Another major plank of the case is that the TfL ignored recommendations contained in a 175-page report by the Transport Research Laboratory (TRL), commissioned by TfL as part of the review, and which actually recommended the abolition of the turning circle requirement.

The report stated: "When the restrictive turning circle has been removed, this would ensure the travelling public and taxi customers of a safer operation and reduced accidents and result in consistent behaviour by taxi drivers complying with TfL traffic calming measures, eg U-turn bans, one-way traffic flow systems, stopping restrictions etc.  The turning circle requirement seems to give a false safety feature, which encourages reckless and unsafe manoeuvres  in increasingly congested and dangerous driving conditions in London.  As a result there are high taxi U-turn accidents with another vehicle (83%).  The existing monopoly where only one manufacturer provides these vehicles would be opened up to competition, thus encouraging innovation, creativity in design style, more built-in safety features and in-vehicle extras, required for customer convenience, comfort and safety".

The TRL also found that drivers only used the tight turning circle once every four days, and doubted its practical usefulness.

Additionally, Cab Direct claim that TfL also ignored its own evidence regarding wheelchair accessibility - while the TfL officer assessing this had concluded that the TXII and MetroCab could not safely accommodate the wheelchairs used for the assessment, while this was possible in the 'alternative' taxis tested, TfL later claimed that all current London cabs offer a "...particularly good service to disabled people...".

U-turn?
Given the strength of the case, the 'review of the review' is by no means surprising, and sources claim that TfL has agreed to pay Cab Direct's legal fees, with the action suspended until the process is complete.  TfL hope to complete the reassessment within six months.  Will we then see the U-turn completed?

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