CROSS-BORDER PROBLEM A coalition of the willing
If councils are minded to enforce this legislation in order to regain full control of their licensing areas, perhaps they should join forces and form a coalition of the willing to fight for this just cause. They could perhaps even limit their liability to court costs in accordance with CMA v Flynn Pharma Ltd 2020
https://shorturl.at/omE33
If the government is minded to enforce localism, a one- line Bill enforcing section 75 (1) (a) is all that would be required.
Intended use policies
Local councils are at liberty to impose the above on hackney
carriage vehicles, in accordance with
Newcastle-upon-Tyne v Berwick-upon-Tweed 2008
https://shorturl.at/PZd30
An intended use policy involves asking the proprietor of a hackney carriage vehicle to declare, on application, where the vehicle is to be used. If the vehicle is to be used predominantly outside of the licensing area of the vehicle, the licence may be refused, or subsequently not renewed or revoked.
However, such geographical restriction on use may not be applied to drivers of private hire vehicles without legislative change, given the judgement in the Delta v Knowsley case mentioned above.
It would not be beyond the bounds of possibility for the government to require all licensed vehicles, hackney carriage and private hire alike, to be used predominantly in the area in which they were licensed.
This could be in addition to or instead of enforcing section 75 (1) (a). As a standalone option, it would be effective in preventing remote licensing, where the driver and vehicle may otherwise be licensed by an authority some considerable distance from where the vehicle is used.
Unfortunately, it would be less effective when the cross-border problem came from vehicles licensed much closer, in adjacent local authorities, especially if the vehicle was used by a driver working for multiple operators or platforms. It would be difficult to determine whether the vehicle was working predominantly in the area in which it was licensed or not, under such circumstances, given that the vehicle
PHTM APRIL 2025
is likely to be used at least some of the time, if not most of the time in its own licensing area.
I would therefore suggest that an intended use requirement could be imposed in addition to, rather than instead of enforcing section 75 (1) (a). This would then serve as another instrument in the enforcement toolbox available to local authorities.
Minimum fares
Moving forward, if we are to address the issue of driver exploitation other than through ending cross-border working, we could also consider minimum fares, including a minimum rate paid to drivers to compensate them for time waiting for trips as well as for the time actively engaged in them.
Remember, whilst the public may want cheap rides, the drivers need to be paid for their labour!
If we have a maximum fare rate for hackney carriages, why not have a minimum for private hire?
This could be a discussion point in the seminars at the Milton Keynes PHTM EXPO next month.
I look forward to seeing you there.
SEMINAR
Wednesday 14 May 2pm - Legislation Q&A
Hosted by myself and David Lawrie from the NPHTA, with a panel of experts on stage, addressing industry hot topics including cross-border working.
This one is usually packed! COME AND HAVE YOUR SAY
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