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UNITE VIEWPOINT SOMEWHERE OVER THE... BORDER Ah there you are...


As always, I hope I find you well, all things considered. Now, amongst the ‘Hot topics’ at the moment, I thought we’d


‘zero in’ (it’s an army term) this month on the issues surrounding cross-border hiring (CBH) and its detrimental effect on the local trade(s) at large.


I spoke briefly last month about the recently released DfT ‘Statutory Taxi and Private Hire Vehicle Standards’. I highlighted the lack of provision as to the safety and security of the cab trade itself! I should also add and high- light at this juncture, the DfT’s failure/refusal to address the issues caused by CBH.


Now for a Government department that continuously bangs on about ‘safety and security’ (of everyone else, except the cab trade – I hasten to add), I am confused and frankly extremely concerned professionally, as to what seems to be the DfT’s complete lack of attention to and concern for, the subject of CBH and its clear detrimental effect(s) on public safety and the legislative system of ‘local licensing control’.


There is quite obviously now also an extra dimension to this potential risk to the safety of the general public. This being the increased potential of infection from Covid- 19 by transient drivers, who ‘commute’ to work in areas, other than their own licensed area.


The dangers are clear and painfully appar- ent to most, all except it would seem, the DfT and the Government.


Quite obviously a driver licensed in an area of ‘high infection rate’ with possible local restrictions, who then travels many miles to work in another area with a lower rate of infection, risks passing it on to the innocent members of the community in that low infection rate area and causing an outbreak or spike in infection. This risk is exacerbated given the asymptomatic nature of the Coro- navirus.


These are many thousands of vehicles and drivers working outside of their licensed area and ‘under the radar’ of the local licens- ing system. Many of these vehicles abandon most of their licensing conditions the moment they leave their licensed areas. There is extensive evidence of this in ‘honey pot’ areas right across the UK.


84


Worryingly, unless a concordat agreement exists between the local authority issuing the licences (driver and vehicle) and the local authority in the area of operation, then these vehicles and drivers are out of reach of local enforcement operations and powers. It’s effectively become a ‘free for all’, with some individuals now choosing to licence to the lowest common denominator in soft areas many miles from their real intended area of operation.


‘Cash & carry’ councils such as Wolverhamp- ton (there are many others) have ignored the spirit of the law and chosen to issue licences regardless of the intended geo- graphical area of operation.


A system of “honey pots” has been created, where lucrative large cities and seaside resorts now have a “Liquorice Allsorts” style mess and oversupply of cabs both locally licensed and licensed elsewhere, with all of the administrative licensing nightmares. The real losers are not only the established local cab trades but perhaps more importantly, the general public at large through the adverse effect on public safety.


Is any of this in the public interest? DfT – comments please!


A couple (two) of what were neatly called “workshops” were previously held in Lon- don by the DfT in order to discuss amongst other things: ‘out-of-area restrictions’.


Now I know (through people who were pre- sent) that there were discussions on the ‘triple lock’ licensing system and on the subject of the adverse effect of CBH.


Apart from the initial questions regarding the dearth of these workshops and the lack of places, the location of London for both sessions and the clear lack of prior notice to the national trade or others, there was this


clear discussion on CBH! Therefore, I believe it is a fair question to ask the DfT and the Government, WHY they clearly believe that CBH can now be parked (par- don the pun), given its clear adverse effect on public safety?


Taking into account the recommendations of the recent Task and Finish Group (TFG) on Taxi and Private Hire Vehicle Licensing and its predecessor, the Law Commission's report published in 2014, should we not now declare the new theme tune for the both the DfT and Government to be, ‘Here We Go Round The Mulberry Bush’!?


For in terms of CBH, we are now effectively being dragged around and around in cir- cles, aren’t we? Circles that have and are, costing an absolute fortune, not only in terms of the wasted manpower of the Gov- ernment and civil servants, but also in terms of the loss of revenue to the local trades up and down this nation.


Question – Where does “Localism” fit into all this?


Quite how the government is going to address the important parts (recommenda- tions) of the Task and Finish report is frankly anyone’s guess and I suspect that high street bookies wouldn’t entertain a bet on a reasonable conclusion.


After all, the Law Commission previously talked and talked and talked until the cows came home and all we ended up with was a house full of cows! It now looks through the DfT and the Government’s actions that we are again heading in a similar direction.


One thing is for sure, until the subject of CBH is properly addressed, the clear risks to the public will continue UNLESS central Government gets the taxi and private hire licensing legislative framework right.


This MUST include addressing CBH!


Cue the music, ‘Here We Go Round The Mulberry Bush’... Drive carefully and above all, stay well...


Article supplied by: Sean Ridley Secretary Unite the Union South East Region (Cab Section) Sean.Ridley@unitetheunion.org


OCTOBER 2020


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