CROSS BORDER CRISIS MIDLOTHIAN: CROSS BORDER ISSUES NORTH OF THE BORDER
PHTMwas contacted last month by Angela Reid, spokesperson for the Midlothian Taxi and Private Hire Working Group, whose letter concerning cross-border activity to Midlothian Council (the Chief Executive and councillors, and MP Owen Thompson) was reported on locally by the Edinburgh Reporter newspaper.
However, Angela made the point with us that the press report was based on the group’s letter and a lot of the background was missing. This is the information we wanted to delve into and convey in this article, because it very much echoes the cross-border issues that prevail all over the country.
The Midlothian working group had spent the past two years reaching out to as many different parties as possible for help. The crux of the issue is that the nature of cross-border activity that is going on between Midlothian and Edinburgh – being so close – is actually a criminal offence under the Scottish legislation (section 21 Civic Government Scotland Act 1982). This was confirmed to the group by a solicitor.
Basically the offence is to continuously work in an authority by which you are not licensed; also a driver must accept a prebooked job that is out of their licensed authority within their own licensed authority; although if they drop off in an out-of-area authority they are allowed to do a job en route back to their licensed authority.
And of course they are not to wait in an area in which they are not licensed for any prolonged time logged in to a PDA or with roof light on, especially with the intention of accept- ing an upcoming job.
SOUND FAMILIAR?
The problem is exacerbated by the fact that whilst Edin- burgh Council has enforcement officers; Midlothian Council, accord- ing to Angela, has never exercised on-street enforcement so they are unaware of the scope of the prob- lem. Over the past year Angela and other members of the working group have actually approached drivers of both hackney and private hire cars who are encroaching in their district; all interactions are recorded for both sides’ safety and for evidential purposes for Police Scotland. As Angela says: “This isn’t about catching the driver, but educating them on the legislation to which they must adhere.
“In the last months alone, I have personally filed numerous po- lice complaints with some of the drivers being charged already. This is just a fraction of the offences being committed.
“It’s the usual approach: Police Scotland have recently 38
become more aware of these issues, along with the number of incidents reported – although at present if we weren’t supplying the reports and evidence, unfortunately the out- of-area vehicle would be able to continue illegally operating as it seems these are classed as lower crimes and the police simply do not have the resources to deal with it.
“Midlothian’s taxi and private hire trade has in the region of 170 licensed vehicles. Edinburgh’s four biggest companies each outweigh Midlothian’s trade as a whole. With Midloth- ian being in such close proximity to Edinburgh, the more this continues to happen the more detrimental effect it will have on our livelihoods - be it hackney, private hire, opera- tors, school escorts and office staff than it already has.
“Unfortunately members of the general public are unaware of these laws so are at risk of using a taxi or private hire that is committing a criminal offence.
RECIPROCAL ENFORCEMENT IS THE KEY
“As far as we can see it, the difficulty lies in the fact that at present there is no agreement between Edinburgh and Mid- lothian Council for the Edinburgh enforcement officer to enforce within the Midlothian area.”
PHTM asked Angela about the outcome of a meeting with Midlothian Council’s Police and Fire/Rescue Board on 9 November, which was “the promise of an around the table meeting with all relevant parties including ourselves to hap- pen before the end of this year, with the hope of some sort of action to combat this issue.”
The working group is hoping that this meeting will “discuss the issues in depth, agreement on who should be enforcing on these offences, and create an action plan to minimise this issue - also to hopefully gain a single point of contact to liaise with on these issues. Further, we need a public safe- ty campaign in partnership with all parties to educate members of public and trade.
“Unfortunately our issues started before this pandemic we find ourselves in but has only got worse throughout it, let alone the effects the pandemic has caused the taxi and pri- vate hire trade throughout the country.”
There is no doubt about it: reciprocal enforcement is the way forward – along with educating the travelling public, which is never an easy task in any part of the country.
Hopefully there will be a solution on the horizon for Midlothian licence holders.
DECEMBER 2020
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