CROSS-BORDER HIRING:
In the SIX years covered by the FoI request, a mere 205 vehicles and drivers were checked - that’s a frighteningly low safety check of 0.54%
We do not have the data on how many of those 205 failed the enforcement check.
According to the latest Government figures (30 June 2021) there are a staggering 37,725 vehicles that have the potential to work intermittently, pre- dominantly or exclusively within another area. These drivers know that the chances of being stopped for checks on basic safety issues of the vehicle, such as tyre tread and brake quality, are minimal.
But more concerning is the fact that they are not checked to confirm that the driver at the time is even licensed (and therefore insured) to operate that vehicle and to transport trusting members of the public.
Also, lack of enforcement means that there is no identification of cross-county criminal activity - such as exploitation of vulnerable people or children, transportation of drugs or firearms.
Control has been lost and with it so has public safety.
The argument, regarding the meaning of legislation, was settled in court during 2003, where in the case of R v Central Valuation Officer, Lord Millet said: “The courts will presume that Parliament did not intend a statute to have consequences which are objectionable or undesirable; or absurd; or un- workable or impracticable; or merely inconvenient; or anomalous or illogical; or futile or pointless. But the strength of these presumptions depends on the degree to which a particular construction produces an unreasonable result. The more unreasonable a result, the less likely it is that Parliament intended it …”
https://swarb.co.uk/regina-v-central-valuation-officer- and-another-ex-parte-edison-first-power-limited-hl-10 -apr-2003/
When parliament passed the 76 Act, its intention was for individual authorities to adopt the Act in order to control drivers, vehicles and operators working within their area. When drivers and vehicles licensed elsewhere work predominantly or exclusively within another area without enforcement to control them then that would indeed be as Lord Millet stated.
The councillors who make the final decision on any potential legal action have several matters to take into consideration. The Nolan Principles, set out the Seven Principles of Public Office, which apply to anyone who works as a public office holder, to improve standards of behaviour in public life.
The first principle is: • Selflessness - holders of public office should act solely in the terms of public interest
And according to the LGA Model Councillor Code of Conduct 2020: In undertaking the role of councillor, one of the principles is to: • Ensure that public resources are used prudently in accordance with my local authority’s require- ments and in the public interest.
By ensuring, through the courts, that drivers and vehicles licensed by the local authority are the only form of private hire service that is working pre- dominantly or exclusively within that area, then the authority has answered the charge that they accepted when adopting the Local Government (Miscellaneous Provisions) Act 1976 and therefore ensuring that the industry is controlled and enforced for the safety and benefit of the public who use it.
COME AND HAVE YOUR SAY ON THIS HOT TOPIC WITH INDUSTRY BODIES - DfT, NALEO & IoL
10 MAY 2022
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