TfL
U-turn? (15/10/2003)
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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