ENDATIONS: GOVERNMENT RESPONSE ✓
The Government’s response to
the TFG’s recommendations on Taxi and Private Hire Vehicle Licensing
CAN BE READ IN FULL ONLINE
www.phtm.co.uk
Govt TFG Recommendation 1 ✓
Taxi and PHV legislation should be urgently revised to provide a safe, clear and up to date structure that can effectively regulate the two- tier trade as it is now. “In the short term this does not include a full replacement of the law which regulates taxi and private hire. It will, however, be important to fully consider this as part of work on the Future of Mobility, which will consider how Government can support new technology and innovation through regulatory frameworks which can evolve with time.” PHTM: “Great - let’s get on with it!”
Govt TFG Recommendation 3 ✓
Government should urgently update its Best Practice Guidance. To achieve greater consistency in advance of national minimum standards, (see recommendaton 2) licensing authorities should only deviate from the recommendations in exceptional circumstances. In this event licensing authorities should publish the rationale for this decision. Where aspects of licensing are not covered by guidance nor national minimum standards, or where there is a desire to go above and beyond the national minimum standard, licensing authorities should aspire to collaborate with adjoining areas to reduce variations in driver, vehicle and operator requirements. Such action is particularly, but not exclusively, important within city regions. PHTM: “Yes Please!!”
Govt TFG Recommendation 4 ✓
In the short-term, large urban areas, notably those that have metro mayors, should emulate the model of licensing which currently exists in London and be combined into one licensing area. In non-metropolitan areas collaboration and joint working between smaller authorities should become the norm. Government having encouraged such joint working to build capacity and effectiveness, working with the Local Government Association, should review progress in non-metropolitan areas over the next three years.
Govt TFG Recommendation 9 ✓
All licensing authorities should use their existing powers to make it a condition of licensing that drivers cooperate with requests from authorised compliance officers in other areas. Where a driver fails to comply with this requirement enforcement action should be taken as if the driver has failed to comply with the same request from an officer of the issuing authority. PHTM: Many licence holders view this as yet another power to be wielded by licensing authorities.
MARCH 2019 TFG Recommendation 13 Govt TFG Recommendation 12 Licensing authorities should ensure that their licensing
administration and enforcement functions are adequately resourced, setting fees at an appropriate level to enable this. PHTM: Government is in favour, tempering their comment with the “undertaking of a review of [the local authority’s] licensing fees to recover the permissible costs and no more of providing this.”
Govt ✓
Legislation should be introduced by the Government as a matter of urgency to enable Transport for London to regulate the operation of pedicabs in London. Agreement from Government following unanimous agreement of TFG.
Govt TFG Recommendation 15 ✓
All ridesharing services should explicitly gain the informed consent of passengers at the time of the booking and commencement of the journey. PHTM:…Frankly, we’re somewhat surprised that this topic isn’t mentioned within the draft Statutory Guidance, as it is conceivable that a child or vulnerable adult might find themselves feeling (or being) at risk from sharing a journey with strangers.
Govt TFG Recommendation 31 ✓
Licensing authorities which have not already done so should set up lists of Wheelchair Accessible Vehicles (WAVs) in compliance with section 167 of the Equality Act 2010, to ensure that passengers receive the protections which this provides. PHTM: The Equality Act should have read “must”, not “may” maintain a designated list… Even this point says “should” instead of “must”. A licensing authority without such a designated list cannot enforce against licence holders who abuse the regulations under s.167 but the legislation is already existing and in force.
Govt TFG Recommendation 32 ✓
Licensing authorities should use their existing enforcement powers to take strong action where disability access refusals are reported, to deter future cases. They should also ensure their systems and processes make it as easy as possible for passengers to report disability access refusals. PHTM: A keen point this Government is anxious to resolve; we have said many times that a paltry fine will not deter a driver from refusing an assistance dog in future. Only revocation of the licence will work.
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