THE FUTURE OF
Driving back home from the Expo, I was thinking that his opinion was perfectly valid, but it was just an opinion nevertheless. Surely, drivers exercising their “right to roam” and wandering aimlessly around the countryside looking for work created more dead mileage than not making vehicles available when they have come to rest out of area. If a driver waited to receive another job having dropped off their passengers or goods in another area, their next job would just as likely take them further away from home as bring them closer. Unless they live permanently in their cars, they have to make their way home at some point.
Moreover, the fact that fares on the p2p apps, are usually so low that they compete directly with local train and bus services (as well as exploit drivers), and the resulting explosion in the number of private hire vehicles congesting the streets in our cities, and now smaller towns, is surely worse for the environment.
The private hire industry is meant to function as a part of the public transport system, not replace it.
I BELIEVE THAT LOCAL AUTHORITIES HAVE A CHOICE
They can either go with James Button’s Principal Licensing Authority plan or they can regain full control over their licensing areas by enforcing section 75 (1) (a). I don’t think that the current state of affairs, with local control being undermined by remote licensing is really an option. Local authorities really have to make the choice between the above two paths for the future.
In addition to their article in PHTM, Mark Jennings and Lee Ward have recently also produced a 15-minute video explaining how the above section works in the wider context of Part II of the 1976 Act. There is a link to it on YouTube at the end of this article. I recommend that you watch it in full for a clearer understanding.
IN SUMMARY
Part II of the LGMPA 1976 is not so much national legislation but an Act of Parliament to be adopted by local authorities. Indeed, for example, Sheffield adopted the Act in 1978, and my area, Cannock Chase adopted it as late as 1991. In so doing, a local council creates a “controlled district” under their control. The council then attaches conditions to licences in accordance with provisions within the Act which are then in force for that district.
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Section 75 of the Act is a series of saving clauses or exemptions from local control within a given con- trolled district.
Section 75 (2) is an exemption allowing vehicles from other areas to pick up, drop off or pass through a controlled district in order to fulfil a contract for a journey. Without this exemption, drivers, vehicles and operators would need to be licensed in every single local authority area the vehicle entered or passed through to fulfil a booked journey. Just think how many districts a licensed vehicle would pass through taking passengers from, say, Cheshire to Heathrow Airport.
However, section 75 (1) (a) states that this exemption comes to an end once the vehicle is relieved of its passengers or goods in another controlled district. The Act, as adopted, is then in force in that district. This means that the driver and vehicle would need to be licensed in that area to accept another booking, which would have to come from an operator also licensed in that area. This effectively stops drivers waiting for work while out of area, if the area where they are waiting is one where the Act has been adopted. This is basically all of them except London, Plymouth and Scotland, which have their own legislation.
TO CLARIFY AND DISPEL MYTHS
Section 75 (1) (a) does not require the journey to start or end in the district where the driver, vehicle and operator are licensed. The journey can start, pass through and finish anywhere, in accordance with 75 (2).
Whilst, a driver must already have a booking to attend, or otherwise be engaged in a booking, before entering another controlled district in the course of business, the exemption in 75 (2) remains in force right until the moment that the driver sets down their passengers or goods, in accordance with 75 (1)(a). Before leaving the district, a driver could receive further follow-on bookings. This could include a booking that was not due for some considerable time.
For example, a driver could be dropping off passengers at Gatwick Airport in the evening and, provided they receive the booking before they leave their area, they could accept another booking from Gatwick due the following morning. They would then have the option of sleeping in their car somewhere close by or finding a cheap Bed and Breakfast.
JULY 2024 PHTM
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