TAXI LAW EXPLAINED
POST - COVID-19 TRANSPORT REVOLUTION: THREAT OR OPPORTUNITY?
This article was supplied by: Stephen McCaffrey Head of Taxi Defence Barristers and Taxi Defence Scotland 020 7060 4773
www.taxidefencebarristers.co.uk
There is no doubt that the public trans- port sector has been one of the hardest hit sectors as a result of the coronavirus (Covid-19) pandemic. With strict lock- down measures introduced through The Health Protection (Coronavirus, Restric- tions) (England) Regulations 2020 (and similar legislation in the other devolved administrations around the UK), the demand for public transport services has virtually flat lined.
However, as we are now approaching an easing of the lockdown measures and with this an easing on the movement of people, the transport landscape of the future is beginning to take shape including that which will have an impact on the taxi and private hire trades. As this new public transport landscape is emerging, it is a cru- cial time for the taxi and private hire trades to seize the opportunity to innovate and adapt or face the threat of an uncertain and unsustainable future.
In this article, I will look at the regulatory and legislative future for the taxi and pri- vate hire sector in this new “public transport revolution”.
PUBLIC TRANSPORT REVOLUTION
There is no doubting the fact that the coro- navirus has changed the way we live our lives. Through this emergency, opportunity has also arisen and the Government is seek- ing to capitalise on this to influence people’s changed behaviour for the long term and to create a new normal for sustainable and safe transport. Some of these changed behaviours will certainly have an impact on the licensed taxi and private hire trade.
People’s reliance on public transport is one such change. As the UK is beginning to emerge from the effects of the pandemic,
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the Government is pushing hard to get people out of cars and other forms of pub- lic transport and on to bicycles and into walking. This is also where the Government is aiming to spend significant money and capital investment. It announced a “£2 bil- lion package to create a new era for cycling and walking ” as alternative ways to travel. This will include “pop-up bike lanes with protected space for cycling, wider pave- ments, safer junctions, and cycle and bus-only corridors”.
This public transport revolution is also see- ing investment in new modes of transport and statutory regulation to support this, for example e-scooters and renewed vigour and investment in green and sus- tainable forms of transport and infrastructure.
In the context of the transport revolution, the lack of any reference to the role of licensed taxis and private hire vehicles is unfortunately notable. This is a shame because it overlooks the very important contribution taxis and private hire vehicles have made to support the fight against the coronavirus pandemic, in many cases sup- porting the fight against the virus selflessly which has unfortunately resulted in some drivers losing their lives. Despite facing financial ruin, licensed taxis and private hire drivers have put their efforts into pro- viding transport and other logistical support during this national crisis.
There has been extensive debate over the years over whether taxis and private hire services should also be put in the same cat- egory of “public transport”. Whilst there is no authoritative judgements on this matter, it is largely accepted that taxi and private hire services do not conform to the defini- tion of “public transport”, mainly because it is not a subsidised form of transport.
The implications of excluding taxi and pri- vate hire services from the scope of public transport is that it creates an unlevel play- ing field with the taxi and private hire trade always playing uphill. However, this public transport revolution presents both oppor- tunities and threats.
On the positive side, taxis and private hire vehicles offer a unique transport opportu-
nity for people who might chose not to use other forms of public transport such as buses or trains. This opportunity has already been capitalised on through the installation of passenger screens and clever marketing to provide the public with confi- dence that taxis and private hire vehicles can be a safer alternative to other forms of crowded public transport.
A proactive approach to this will be impor- tant for the trade moving forward. A recent study in the US found that consumers there plan to either reduce, or completely stop using ride-sharing cars following the pan- demic there.
The US study concluded that:
“It provides further evidence that COVID-19 is permanently altering U.S. consumer behaviour. There are long term implica- tions of the new consumer behaviours for industries like retail, transportation, and travel among others.
“These organizations need to quickly adapt their business models to serve the new consumer behaviours in order to sur- vive and thrive.”
It is too soon to tell what the real impacts on transportation will be in the UK but this study should sit as a stark warning that inaction might be very dangerous for the taxi and private hire trade.
JUNE 2020
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