FACE COVERINGS WHERE DO I STAND?
CANWEENFORCE PREVENTATIVE MEASURES OR NOT?
As most PHTM readers will know, the ONS has stated that our industry and its drivers are amongst the highest risk for catching Covid-19; as a result, the following announcement was made.
Dido Harding, executive chairwoman of NHS Test and Trace, confirmed at the Thursday 11 June Downing Street press conference that routine testing of asymptomatic people will now be expanded beyond the health sector.
She said: “We are now rolling that approach out to other high risk, high contact profes- sions such as people who spend significant amounts of time in enclosed space with a large number of people – such as taxi drivers, security guards.”
It then followed that from the 15 June 2020, it was mandatory for all passengers using public transport to wear face coverings.
The government state that a cloth face cov- ering is a material that covers the nose and mouth. It can be secured to the head with ties or straps or simply wrapped around the lower face. It can be made of a variety of materials, such as cotton, silk, or linen. A cloth face covering may be factory-made or sewn by hand or can be improvised from household items such as scarfs, T-shirts, sweatshirts, or towels.
The first question was: Are taxis and private hire vehicles included as part of “public transport”? The answer came back: No. Not in England, that is…
DFT GUIDANCE:
The only direct reference to taxi/PHV with regard to face coverings is actually the exemption of mandatory face coverings for passengers in: • school transport services • taxi or private hire vehicles
There is no actual stipulation regarding taxi or PHVs at all, anywhere else – which leaves this very unclear.
However, on the 29 June, the DfT responded to the NPHTA with some clarification as to why this is the case: “As you may be aware, the Secretary of State’s announcement that from 15 June face coverings will be required while using public transport in England does not cover taxis and private hire vehicles (PHVs).”
They went on to say clearly that: “Both are already able to implement measures to pro-
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tect drivers and passengers including a requirement for passengers (with few exemptions) to wear a face covering.
“Taxi drivers are able to refuse carriage to passengers where it is reasonable to do so, this might include those that are able but refuse to wear a face covering.
“PHV operators can make the wearing of face covering a condition of hiring. We are aware of PHV operators that are doing this and requiring the driver they work with to do the same.”
So it is actually pretty clear: taxi and private hire already have the powers to make this a rule of travel!
THE SCOTTISH PICTURE:
The Scottish Government announced that themandatory requirement that passengers in all forms of public transport must wear face coverings does indeed include travel- ling in taxis or private hire vehicles.
“When using taxis and/or private hire vehi- cles, passengers must wear a face covering. The following groups are exempt from the mandatory use of face covering in such vehi- cles, namely: • under 5-year-olds • those with breathing difficulties • those with physical conditions which make it hard to keep a mask in place”
THE WELSH POSITION: s of 12 May, the only reference we can see
on the Welsh Government link is an A4 poster which details how to put on, remove, and dispose of facemasks, nothing specific relating to taxi or private hire vehicles.
NORTHERN IRELAND POSITION:
We have found no specific reference to our trade in any of their bulletins. Southampton City Council:
The licensing department has given some positive support to the trade in their city - and answers below some frequently asked questions for the current situation:
1. The government hasmade face coverings mandatory on public transport. Does this include taxis and private hire vehicles?
Answer – No. They are missing from this guidance. However, as it is in place for other
Because all regions already have the right to implement measures of protection, includ- ing a requirement for passengers (with few exemptions) to wear a face covering, taxi drivers may “refuse carriage of passengers where they have reasonable grounds to do so”.
Private hire operators canmake the wearing of a face covering a condition of hire but must notify passengers first, either by phone or text message,
In closing, themessage is crystal clear: The choice is yours….
But as we know this could change at any time!
JULY 2020
forms of public transport, we are strongly recommending that drivers equip them- selves with suitable face coverings and use them.
2. Will you take enforcement action against drivers not wearing face coverings?
Answer – No. They are not required by law but we are strongly recommending them.
3. Will you take any action against a driver that refuses to carry passengers not wearing a mask?
Answer – No. Currently this is not an unrea- sonable request from a driver However, we will take any action if a driver refuses a short fare using this as an excuse but is later found carrying passengers without face coverings.
TfL alsomade the announcement that as far as they were concerned, the mandatory requirement for using of face coverings did indeed include the taxi and PH industry.
As is stands right now, most if not all of the major private hire operators have taken the very clear stance of “no mask no ride” using the guidance for the travelling public to wear face coverings as a preventative mea- sure to stop the spread of Covid-19.
However a note of caution about disabled passengers: – those with possible breathing difficulties for whom a face covering may not be workable. There is a risk of challenge if a passenger refuses to wear a face cover- ing on the grounds of disability. The question is: How can a driver know whether this is genuine, and whether he can allow an exemption?
So what does this all mean for our trade within England, Wales and Northern Ireland?
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