THE WAITING IS OVER… NEW GOVERNMENT BEST PRACTICE GUIDANCE
Article by Dave Lawrie, Director NPHTA 0161 280 2800
info@nphta.co.uk
Finally, the new Best Practice Guidance has been released, replacing the original version of 2010. But what changes are suggested, does it go far enough or does it introduce more confusion? We have to say, it is mostly comprehensive; it introduces some common sense approaches and is very supportive of the industry, including the requirement to review rank provisions more frequently.
When is a taxi not a taxi? “In this document ‘taxi’ means vehicles licensed (as hackney carriage vehicles). It does not include private hire vehicles (PHVs). Private hire vehicles include executive cars, chauffeur services, limousines and some school and day centre transport services. One of the overarching objectives of this guidance is to provide greater distinction for the public between taxis and PHVs so that the public is increasingly aware of this. Licensing authorities should adopt this approach in its communications.” This term is misused everywhere, social media, news articles, national papers, news shows, even some council signage with charging points stating “taxi only” but when questioned, allegedly the word means both taxis and private hire vehicles, but it was appropriate to issue a fixed penalty notice to private hire vehicles using bus lanes? So finally the new guidance has made it made perfectly clear what is and is not a taxi.
Recognising the need for a common sense approach “ It is for licensing authorities to ensure that their licensing policy and requirements are prop- ortionate, so that passengers can choose from a
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wide range of safe services. The primary function of licensing is public safety; however, an unduly stringent regime may restrict the supply of taxi and private hire vehicle services by putting up the cost of operation, or otherwise restricting entry to the trade. Licensing authorities should recognise that too restrictive an approach can be counter-productive, restricting the licensed trade to such an extent that the public resort to the use of unlicensed, unvetted and uninsured drivers and vehicles.” This paragraph echoes the Regulators’ Code 2014, but points out the potential effects of failing to ensure the industry is cost effective to the service providers.
Public safety includes drivers! “Section 17 of the Crime and Disorder Act 1998 requires local authorities to consider the crime and disorder implications of all their activities and functions and do all that they reasonably can to reduce crime. Licensing authorities routinely do this by
setting licensing
requirements that protect passengers, but this duty also extends to considering ways that licensing requirements and policies can reduce crime against drivers. It is the case that drivers are subjected to robbery, verbal and physical assault, this can be racially motivated or aggravated.
Licensing authorities must
consider ways to protect those working in the trade as well as those who use its services.” This was recently stated very clearly within an Institute of Licensing conference, but it is now echoed in best practice guidance here.
The importance of consultation, but interestingly the need for “all councils to adopt the same approach” is highlighted “Licensing authorities should consult on proposed changes in licensing rules that may have significant impacts on passengers and/or the trade. Such consultation should include not only all taxi and private hire vehicle licensees but also groups likely to be the trades’ customers. Any decision taken to alter the licensing regime is likely to have an impact on the operation of the taxi and private hire vehicle sector in neighbouring areas. Licensing authorities should engage with
DECEMBER 2023 PHTM
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