ROUND THE COUNCILS SEFTON:
FIVE-YEAR BAN FOR USING MOBILE
Cabbies in Sefton could lose their licence for five years if convicted of driving while using a mobile phone. Under rules introduced at Sefton Council Licensing and Regulatory Committee on March 11, licensed drivers face new and updated sanctions as the local authority approved changes to the Licensed Driver Convictions Policy. Three new offences were added to the policy and included guidance on what sanctions licensed drivers would face if they were convicted of using a hand held device while driving, convicted of discrimination, or convicted of exploitation. For the offences of discrimination and exploitation, any driver convicted would have their licence permanently revoked and prevented from ever working as a taxi driver. However, there was some debate around the clarity and justification for the new guidance on the offence of using a hand held device while driving. The revised policy stipulated an immediate five-year ban would be imposed on licensed drivers if they were convicted of such an offence Petitions were submitted by Frank West and Joseph Johnson, H&PH trade representatives on behalf of licensed taxi drivers and asked for a revision of the wording in the policy. The trade reps wanted the policy to reflect the fact that taxi drivers rely on mobile phones to confirm, amend or cancel jobs through booking apps. They said an immediate five-year ban was unnecessarily harsh and unclear as some drivers may be punished for tapping their phone while managing booking apps. The reps were clear a ban is understandable for drivers accepting calls with a phone in their hand. Instead, the reps requested a change to the policy wording so drivers would go straight to mediation (were a ban would be considered) rather than an immediate ban. Local authorities across the Liverpool City Region have been working to ‘standardise conditions’ in relation to the convictions policy and all changes have been passed by Wirral, Knowsley and Liverpool. The committee considered the petitions but did not believe the reasons reached the threshold as laid out in Government policy. The committee also stated that there were caveats to the convictions policy that did include options for mediation.
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The report by Sefton Council said: “The recom- mendations to be implemented unless there is a compelling local reason not to and there is a risk that the council could be open to challenge if the new statutory guidance is not followed without sufficient justification. “Adhering to the new statutory guidance will mitigate against any challenge to the council’s licensing regime.”
PENDLE: NEW VEHICLE SAFETY MEASURES
A total of 13 new measures have been voted through by borough councillors at the latest full meeting of Pendle Council to improve vehicle safety. It comes after unannounced taxi safety checks in November and January found high failure rates with issues including worn tyres, brake problems, loose wheel nuts, loose batteries, faulty lights, seal belts and fluid leaks. Taxi safety enforcement has been a source of debate, concern and disagreement between officials, councillors and the trade for some years. Updated licensing powers including penalty points and licence reviews for taxi drivers or company owners responsible for breaches, ranging from spot- check failures to multiple vehicle breaches by taxi firms over a year, have been backed by councillors. Drivers and company owners in some situations will have to appear before Pendle’s Taxi Licensing Committee for licence reviews. A mobile phone app is to be introduced for daily vehicle checks with penalties for those who do not use it. There will also be penalties for people who lie or are ‘untruthful’ about taxi safety checks. Another measure is to extend taxi knowledge tests to include a test on the basic mechanics of cars. The taxi trade has opposed introducing an app and had disagreements over who its own representatives are.
Liberal Democrat councillor and deputy council leader, David Whipp, said the new report made "excellent suggestions". Some councillors questioned where the resources would come from to deal with "a surge in cases". Labour councillor, Mohammed Iqbal, also said there needed to be "transparency" with the taxi trade, when it comes to training and using an app.
APRIL 2024 PHTM
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