TAXI LAW EXPLAINED TAXI & PRIVATE HIRE LICENSING LAWREFORM INWALES


Earlier this year, the Welsh Government launched a consultation onwholesale taxi and private hire licensing law reform in Wales. Currently, the same legislative framework for regulating taxi and private hire licensing exists in both England and Wales. However, as part of the new devolved settlement for Wales, to be introduced through the Wales Act 2017, taxi and private hire licensing will become amatterwithin the legislative competence of the National Assembly forWales. TheWelshGovernment is takingadvantage of the new devolved settlement for Wales to undertake its own reviewof taxi and pri- vate hire licensing arrangements inWales. In this editorial, I will be looking at the proposals for legislative reform put for- ward by the Welsh Government relating to taxi and private hire licensing.


LAW COMMISSION REPORT


InMay 2014, the LawCommission for England and Wales published its proposals for the reformof the legislative framework governing the licensing of taxis and private hire vehicles in England and Wales. The proposals were developed as part of the Law Commission’s Eleventh Programme of law reform, commis- sioned by the Department for Transport.


The terms of reference were to review the law relating to the regulation of taxis and private hire licences with a view to mod- ernise and simplify having due regard to the potential advantages of deregulation in reducing the burdens on business and increasing economic efficiency.


WELSH ASSEMBLY REFORM PROPOSALS


TheWelsh Government stated that it consid- ered that


the majority of the


recommendations put forward by the Law Commission would clarify and simplify the legislation governing taxi and private hire licensing in Wales. On that basis the Welsh Government is largely, in principle, in favour of the majority of the proposals put forward in the Law Commission report in relation to taxi and privatehire vehicle licensing inWales.


The Welsh Government launched a consul- tation with the purpose of seeking views on some of the specific recommendations set out in the Law Commission document. There were however, some recommenda- tions that


scribe national standards for all taxis and private hire vehicles, set by theWelsh Minis- ters, with the power for local licensing authorities to set additional standards where it is appropriate to do so.


RECORD KEEPING REQUIREMENTS FOR TAXI DRIVERS


mission. Part of the consultation also sought to begin a dialogue with local licensing authorities, drivers, operators, passenger groups and other stakeholders about how taxi and private hire vehicle licensing can be improved inWales.


These were the specific legislative reform issues proposed by theWelsh Government:


MOVING TO A SINGLE TIER LICENSING SYSTEM


The Welsh Government has indicated a preference towards moving to a single tier taxi and private hire licensing system in Wales.


The Welsh Government said that the public does not understand the distinction (between a taxi and a private hire vehicle) and the advancement in technology means that a booking for a journey can be made within minutes of the journey taking place. Moving to a single tier regime will also sim- plify licensing arrangements and open the way for setting of national standards whilst making enforcement more straightforward.


During the consultation, 45 per cent of respondents expressed a view that agreed with the Law Commission recommenda- tions saying that the distinction between hackneys and private hire vehicles should be retained. About 39 per cent of respon- dents,mainly public authorities, argued that the distinction should be removed in favour of a single framework, whilst 16 per cent could see advantages and disadvantages in both frameworks.


The implementation and practical applica- tion of a single tier licensing systemis yet to be determined but the Welsh Government has initially indicated that a single tier licensing system could combine the charac- teristics of both taxis and private hire vehicles, enabling pre-booked and “there and then” hires both operating under a reg- ulated fares model.


required further detailed


consideration according to the Law Com- 56


Under a single tier licensing system, the Welsh Government will also seek to pre-


There is no current requirement on taxi drivers to keep records – unlike private hire operators – of the journeys undertaken car- rying passengers. The Law Commission did not support the introduction of record keeping requirements for taxi drivers except in respect of taxis picking up passengers outside their licensing area.


In principle, theWelsh Government supports the maintenance of accurate record keeping by taxi drivers. This proposed new require- ment is necessary for the purpose of safeguarding passengers according to the Welsh Government. There is however recog- nition that such a requirement may be unreasonable for journeys that are not pre- arranged.


It seems therefore that the


proposed requirement on taxi drivers to keep accurate records will only apply where they are undertaking advanced booking work.


Despite the potential practical difficulties of this proposed requirement, 60 per cent of respondents supported the proposal that all journeys should be recorded. 26 per cent of respondents said that journeys that have been pre booked, or in the case of taxis, out of area journeys should be recorded.


HACKNEY CARRIAGE “INTERMEDIARIES” TO BE LICENSED


The Welsh Government has expressed a view that hackney carriage only companies (often described as ‘radio circuits’ or ‘taxi associations’) - who currently do not require a licence to operate - require stricter control in relationto the handling of personal infor- mation taken from accepting bookings.


It stated that any person that is responsible for taking taxi bookings and handling per- sonal information should be licensed because “…such a person could be organis- ing taxi bookings and in doing so, would be responsible for handling potentially sensi- tive and personal information.”


90 per cent of respondents supported the proposal that all persons involved in the handling of personal information should be licensed.


AUGUST 2018


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