BOARD MEMBERS’ OUTLOOK
Arguably, a higher standard is required of a PSV driver at the outset in that applicants have to pass a special driving test so perhaps we are not comparing equals. However, many local authorities do require new applicants to pass a special test before they are granted a hackney carriage or private hire driver’s licence but this is by no means universal.
The IoL document makes reference to a number of prerequisites (eg. enhanced DBS, local geographic knowledge, spoken and written English tests etc) in Section 4.5 but does not make any recommendations regarding these, nor does it even mention a driving test.
Why is this so? Why not propose something which would actually raise standards and public perception?
You have to look at who has sponsored IoL events in the past and the fact that Philip Kolvin QC is the go-to barrister of a particular peer-to-peer app-based provider for answers. You also have to consider the business model of any of the p2p app platforms. They are all on-demand services which, in place of building in lead times when demand is high, have, instead, to balance out supply and demand mismatches through dynamic pricing. It is not possible to pre-book these services and the scheduled trip request is nothing more than a glorified alarm on your phone. . .
In order for the model to work effectively more drivers are needed than with conventional firms as availability at any given time needs to be greater. One could therefore argue that, in one sense, the p2p platform is less efficient than the traditional model.
it would therefore be adverse to the business interests of these disruptive technology providers if standards of entry (and ensuing public perception) were raised as this would stem the flow of new entrants. In my view, therefore, what the IoL document seeks to achieve is to create an illusion of raising standards. It seeks to lower the bar for forced exit from the trade rather than raise that of entry to it. The draconian proposals regarding DVLA points and hand-held mobile use are just a counterpoint in what is an easy-come-easy-go approach.
Why are Button/Kolvin proposing things which are contrary to the Regulators’ Code?
Why did Button state at PHTM Expo 2018 that the burden of proof remains with the driver that he is fit and proper on renewal of his licence just as prior to being granted,
MARCH 2020
when this is contrary to Kaivanpor v DPP [2015] EWHC 4127, not to mention Section 61 of the 1976 Act?
I asked my elderly father why these lawyers are seemingly ignorant on such matters yesterday evening when I took him to a hospital appointment. His memory may be failing him in old age but his cognitive abilities remain intact:
“It is not because they don’t know. It is because they want us to close our eyes to these things.”
LAST BUT NOT LEAST, WE INTRODUCE: LEE WARD OF ALPHA FROM SHEFFIELD
ALPHAwhich stands for All Licensed Private Hire and Hackney Association was formed in 2015 because it was apparent to me that the local trade was not getting the rep- resentation that it required.
It was at a time when the local authority wanted to introduce a maximum one-year age limit on new vehicles plus permanent signage, which was totally wrong to the drivers who work hard to provide for their families.
It was also when the Deregulation Act came in and the way that was being misconstrued in its meaning by both operators and the local licensing officers.
Since that time ALPHA has grown from strength to strength and has spread to the assistance of drivers from neighbouring authorities. We have never deviated from our argument that the 76 Act is a local Act and that cross-border hiring is both unlawful and immoral.
The trade has gone through a huge change due to technology, but the principle behind it has remained the same in our opinion, and it’s an opinion that we stand by 100 per cent.
We are not every driver’s cup of tea, I admit that, because we look at trade issues from every aspect before deciding on the matter at hand: those being the customer, the driver, the operator, the authority and of course the law.
But this way of processing issues also lends towards the quickest and most acceptable solution which is something that each party should take into consideration.
We are a firm believer in that the trade has a two-tier system, those being hackney and private hire.
ALPHA takes a balanced approach to how an operator works and how this affects the driver also, because one can and does not exist without the other.
The areas that we represent the most are Sheffield and Rotherham; however we have members from other adjoining areas and have given advice to drivers from up and down the country who have come across us and the work we do via social media.
Has it been easy to start and run ALPHA? No, it has not. Has it been worthwhile?
Yes, every time a driver walks away from a committee hearing with his licence intact. Would we do anything different?
Possibly, but the main issue is that of drivers joining. Many drivers are like boiling frogs, they sit in the water and can feel it getting hotter but only want to jump out when it’s too hot for them to handle.
What advice would we give?
Join a union or association, but at least join one. Because no matter how hard you worked to gain your licence, it can literally take seconds to lose it.
A UNIFIED TRADE IS A POWERFUL VOICE JOIN THE NPHTA NOW! 0161 280 2800
www.nphta.co.uk
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