THE TASK AND TFG Recommendation 7
Central Government and licensing authorities should ‘level the playing field’ by mitigating additional costs faced by the trade where a wider social benefit is provided – for example, where a WAV and/or ZEV is made available. PHTM: Licence holders are keeping an eye on this one – especially in light of pending Clean Air policy decisions potentially governing the purchase of future vehicles.
TFG Recommendation 11
Government should legislate that all taxi and PHV journeys should start and/or end within the area for which the driver, vehicle and operator (PHVs and taxis – see recommendation 6) are licensed. Appropriate measures should be in place to allow specialist services such as chauffeur and disability transport services to continue to operate cross border. Operators should not be restricted from applying for and holding licences with multiple authorities, subject to them meeting both national standards and any additional requirements imposed by the relevant licensing authority. PHTM: Recommendation 11 is the real ‘zinger’, the one that has caused by far the most controversy – and of debate and discussion amongst the Task and Finish Group. Government “agrees with the principle of this recommendation (with a view to legislation) and will further condiser how it might best work in detail”. That is not to say it’s going to happen; Government fully recognises the vast range of difficulties involved in mandating such a restriction, and the overwhelming effects it would have on thousands of businesses. Size of area, flexibilities or exemptions, business models, types of transport or passenger, additional pollution from empty vehicles… all these elements would have to be factored into the equation.
TFG Recommendation 33
The low pay and exploitation of some, but not all drivers, is a source of concern. Licensing authorities should take into account any evidence of a person or business flouting employment law, and with it the integrity of the National Living Wage, as part of their test of whether that person or business is fit and proper to b e a PHV operator. PHTM: A great deal of time was also spent within the TFG discussing drivers’ rights and employment status; the Government acknowledges that “the group did not have the expertise, nor was it within its scope, to determine the employment status of drivers. This is also true of licensing authorities; only the courts can make rulings on this. “However, the Government agrees that the decisions of tribunals, and whether [operators are complying with those decisions], should reasonably be considered by a licensing authority as part of the fit and proper test for a PHV operator.” As PHTM readers will know, several of these tribunals are currently taking place; it really is a case of ‘watch this space’.
The Government’s draft
Statutory Guidance Document for Licensing Authorities CAN BE READ IN FULL ONLINE
https://www.gov.uk/government/consultations/taxi-and- private-hire-vehicle-licensing-protecting-users
50
FINISH GROUP’S RECOMME TFG Recommendation 34
Government should urgently review the evidence and case for restricting the number of hours that taxi and PHV drivers can drive, on the same safety grounds that restrict hours for bus and lorry driver. PHTM: Again, this was a subject of much controversy within the TFG, and one for which the Government fully acknowledges the safety issues at stake when drivers are doing day after night of 18-hour shifts and falling asleep at the wheel. However, they also recognise that it is difficult to legislate against this dilemma, stating that “there may be monitoring and enforcement problems to enforcing such limits.” You’re not kidding! Apart from ripping out thousands of taximeters and fitting tachographs (as for bus, coach and lorries), self- regulating of drivers’ hours is a non-starter, from the reaction we’ve received.
TFG Recommendation 2
Leg.
Government should legislate for national minimum standards for taxi and PHV licensing - for drivers, vehicles and operators (see recommendation 6). The national minimum standards that relate to the personal safety of passengers must be set at a level to ensure a high minimum safety standard across every authority in England. Government must convene a panel of regulators, passenger safety groups and operator representatives to determine the national minimum safety standards. Licensing authorities should, however, be able to set additional higher standards in safety and all other aspects depending on the requirements of the local areas if they wish to do so. PHTM:Good. But it is unfortunate that it has to wait for new legislation.
TFG Recommendation 10
Leg.
Legislation should be brought forward to enable licensing authorities to carry out enforcement and compliance checks and take appropriate action against any taxi or PHV in their area that is in breach of national minimum standards (recommendation 2) or the requirement that all taxi and PHV journeys should start and/or end within the area that issued the relevant licences (recommendation 11). PHTM: This is more likely to happen under recommendation 2(?), but again must await new legislation.
TFG Recommendation 14
Leg.
The Department for Transport and Transport for London should work together to enable the issue of Fixed Penalty Notices (FPNs) for both minor taxi and PHV compliance failings. The DfT should introduce legislation to provide all licensing authorities with the same powers. Government is to “engage with licensing authorities to establish if there is significant demand for a power to issue FPNs outside London to assist in the enforcement of national minimum standards.” PHTM: Loosely translated, we’ll have to wait for new legislation… to bring in those national minimum standards. NPHTA has always favoured FPNs as opposed to more stringent punitive measures for minor misdemeanours.
MARCH 2019
Review
Review
Review
Review
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