TASK AND FINISH GROUP RECOMMENDATION 1
Notwithstanding the specific recommenda- tions made below, taxi and PHV legislation should be urgently revised to provide a safe, clear and up to date structure that can effec- tively regulate the two-tier trade as it is now.
RECOMMENDATION 2
Government should legislate for national mini- mumstandards for taxi and PHV licensing - for drivers, vehicles and operators (see recom- mendation 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 regula- tors, passenger safety groups and operator representatives to determine the national min- imum safety standards. Licensing authorities should, however, be able to set additional high- er standards in safety and all other aspects depending on the requirements of the local areas if they wish to do so.
RECOMMENDATION 3
Government should urgently update its Best Practice Guidance. To achieve greater consisten- cy in advance of national minimum standards, licensing authorities should only deviate from the recommendations in exceptional circum- stances. 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 collabo- rate with adjoining areas to reduce variations in driver, vehicle and operator requirements. Such action is particularly, but not exclusively, important within city regions.
RECOMMENDATION 4
In the short-term, large urban areas, notably those that have metro mayors, should emulate themodel 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, workingwith the LocalGovernmentAssociation, should review progress in non-metropolitan areas over the next three years.
RECOMMENDATION 5
As the law stands, plying for hire is difficult to prove and requires significant enforcement
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resources. Technological advancement has blurred the distinction between the two trades.
Government should introduce a statutory defi- nition of both plying for hire and pre- booked in order to maintain the two-tier system. This definition should include reviewing the use of technology and vehicle ‘clustering’ as well as ensuring taxis retain the sole right to be hailed on streets or at ranks.
Government should convene a panel of regula- tory experts to explore and draft the definition.
RECOMMENDATION 6
Government should require companies that act as intermediaries between passengers and taxi drivers to meet the same licensing require- ments and obligations as PHV operators, as this may provide additional safety for passengers (e.g. though greater traceability).
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 exam- ple, where a wheelchair accessible and/or zero emission capable vehicle is made avail- able.
RECOMMENDATION 8 RECOMMENDATION 14
Government should legislate to allow local licensing authorities, where a need is proven through a public interest test, to set a cap on the number of taxi and private hire vehicles they license. This can help authorities to solve challenges around congestion, air qual- ity and parking and ensure appropriate provision of taxi and private hire services for passengers, while maintaining drivers’ work- ing conditions.
RECOMMENDATION 9
All licensing authorities should use their exist- ing 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 require- ment enforcement action should be taken as if the driver has failed to comply with the same request from an officer of the issuing authority.
RECOMMENDATION 10
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 jour-
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 Department for Transport should intro- duce legislation to provide all licensing authorities with the same powers.
RECOMMENDATION 15
All ridesharing services should explicitly gain the informed consent of passengers at the time of a booking and commencement of a journey.
RECOMMENDATION 16
The Department for Transport must as a matter of urgency press ahead with consultation on a draft of its Statutory Guidance to local licensing authorities. The guidance must be explicit in its expectations of what licensing authorities should be doing to safeguard vulnerable pas- sengers. The effectiveness of the guidancemust be monitored in advance of legislation on national minimum standards.
RECOMMENDATION 17
In the interests of passenger safety, particular- ly in the light of events in towns and cities such
OCTOBER 2018
neys should start and/or end within the area that issued the relevant licences (recom- mendation 11).
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 oper- ator (PHV and taxi – 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 withmultiple authorities, subject to them meeting both national standards and any additional require- ments imposed by the relevant licensing authority.
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.
RECOMMENDATION 13
Legislation should be introduced by the Gov- ernment as a matter of urgency to enable Transport for London to regulate the opera- tion of pedicabs in London.
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