Hot on the heals of the HoC's Taxis and Private Hire vehicle: The Road To reform, comes the Law commission no330/eleventh program of Law reform for Taxis and private hire...
Taxis and private hire vehicles - regulation
Status: The consultation for this project is due to open in June 2012We are reviewing the existing framework of taxi and private hire vehicle regulation with a view to preparing proposals for consultation.
Taxis and private hire vehicles (PHVs) are an important part of local transport. They operate in highly regulated markets where safety and quality control are paramount. Licensing covers key areas such as the quality of services, the fitness of drivers, fare regulation and restrictions on the number of licenses issued.
The current law on taxis and PHVs has been criticised for being complex and outdated.
One problem is the multiplicity of legislation. Taxis, which can “ply for hire” so customers can stop them in the street, have different rules to PHVs which can only be pre-booked. In turn each of the taxi and PHV trades is regulated by multiple statutes. There are also different legal systems along geographical lines distinguishing Plymouth, London and the rest of England and Wales. Whereas some distinctions are clearly justified others are less clearly so.
Taxis and private hire vehicles (PHVs) are an important part of local transport. They operate in highly regulated markets where safety and quality control are paramount. Licensing covers key areas such as the quality of services, the fitness of drivers, fare regulation and restrictions on the number of licenses issued.
The current law on taxis and PHVs has been criticised for being complex and outdated.
One problem is the multiplicity of legislation. Taxis, which can “ply for hire” so customers can stop them in the street, have different rules to PHVs which can only be pre-booked. In turn each of the taxi and PHV trades is regulated by multiple statutes. There are also different legal systems along geographical lines distinguishing Plymouth, London and the rest of England and Wales. Whereas some distinctions are clearly justified others are less clearly so.
Some of the legislation, particularly relating to taxis, is archaic. The key statutes date back to Victorian times and refer to “hackney carriages” when taxis were literally horse-drawn vehicles. Case law and guidance are indispensable in interpreting the law. This also makes the legislation less able to reflect more modern technology like the telephone, internet and GPS technology.
The project
The project examines the legal framework relating to taxis and PHVs with a view to making it simpler and more modern. We aim to publish proposals for reform in June 2012. This will be followed by a three month consultation period where we invite the public to respond to our proposals. We plan to publish a final report with our recommendations and draft bill by mid-2014.
The Law Commission
(LAW COM No 330)
ELEVENTH PROGRAMME OF LAW REFORM
TAXIS AND PRIVATE HIRE VEHICLES – REGULATION
2.72 Taxi-cabs (“hackney carriages”) are a highly regulated market, and have been since Victorian times (or earlier – some controls were first imposed under the Stuarts). Private hire vehicles have been regulated since the 1970s. There are distinct legal systems forLondon Plymouth England Wales London London London
2.73 The first level of reform would be to reduce the sheer bulk, complexity and inconsistency of the regulatory systems. Central concepts like “plying for hire” have caused considerable problems in the past. There are pointless geographical inconsistencies on such matters as whether a taxi-cab driver needs a separate private hire license, and whether the vehicle can be used for leisure purposes by its owner/driver. Secondly, there is a need to modernise to reflect technological change – private hire licensing, for instance, is posited on a geographically fixed operator with premises where bookings are made. Finally, the fundamental features of the regulatory system are in need of reconsideration – the separate systems for taxi-cabs and private hire vehicles, the identity of the licensing authorities, the number and nature of licenses and whether all forms of regulation are still necessary.
2.74 This project engages economic and regulatory theory. It will be fundamentally derogatory, in the sense that it will seek to question the necessity for the various strands of the current regulatory regime, and seek to reformulate those that are necessary in the light of modern understandings of the most efficient and efficacious forms of regulation.
2.75 The taxi and private hire vehicle market had an annual turnover of above £2.2 billion in 2003. It is likely that a modernised and simplified system of licensing will reduce the costs of the licensing system to both local authorities and market participants themselves. However, the realisation of these potential savings would depend on decisions to be taken on the key regulation reform issues which will constitute the substance of the project.
2.76 We expect the project to take three years, with a consultation period in the second half of 2012.
(LAW COM No 330)
ELEVENTH PROGRAMME OF LAW REFORM
TAXIS AND PRIVATE HIRE VEHICLES – REGULATION
2.72 Taxi-cabs (“hackney carriages”) are a highly regulated market, and have been since Victorian times (or earlier – some controls were first imposed under the Stuarts). Private hire vehicles have been regulated since the 1970s. There are distinct legal systems for
2.73 The first level of reform would be to reduce the sheer bulk, complexity and inconsistency of the regulatory systems. Central concepts like “plying for hire” have caused considerable problems in the past. There are pointless geographical inconsistencies on such matters as whether a taxi-cab driver needs a separate private hire license, and whether the vehicle can be used for leisure purposes by its owner/driver. Secondly, there is a need to modernise to reflect technological change – private hire licensing, for instance, is posited on a geographically fixed operator with premises where bookings are made. Finally, the fundamental features of the regulatory system are in need of reconsideration – the separate systems for taxi-cabs and private hire vehicles, the identity of the licensing authorities, the number and nature of licenses and whether all forms of regulation are still necessary.
2.74 This project engages economic and regulatory theory. It will be fundamentally derogatory, in the sense that it will seek to question the necessity for the various strands of the current regulatory regime, and seek to reformulate those that are necessary in the light of modern understandings of the most efficient and efficacious forms of regulation.
2.75 The taxi and private hire vehicle market had an annual turnover of above £2.2 billion in 2003. It is likely that a modernised and simplified system of licensing will reduce the costs of the licensing system to both local authorities and market participants themselves. However, the realisation of these potential savings would depend on decisions to be taken on the key regulation reform issues which will constitute the substance of the project.
2.76 We expect the project to take three years, with a consultation period in the second half of 2012.
Good and bad here.
ReplyDeleteThe Law Commission is the governments 'long grass' for decision making.
What it does mean is that TfL may use it as an excuse to do nothing about PH 'loopholes' and Satellite Offices.
Or we could pressure them to get on with scarpping satellite offices and conducting meaningfulk enforcement as they have plenty of time to do it!
Thats unless your in the UTG of course then its a case of your representatives asking:
'if you dont mind Mr Mason please, provided you have nothing else to do and we would understand perfectly sir if you dont consider our most humble request to do a little something to safeguard the world's no. 1 taxi service'
HARMONISATION, HARMONISATION, HARMONISATION.
ReplyDeletePrivate hire needs to be seen as legitimate and safe. This will be accomplished by legislation; tying moving private hire under the umbrella of the trust that has been built with the general public over the last 300 years of service given by the licensed London Taxi Trade.
This kind of thing could only happen in the UK where the original orchestrator's of this policy's wife sits on the board of directors of the capitals largest mini-cab Co.
Corruption in politics is at an all time high and politicians continue feed their insatiable appetite to control their own grubby little empires. Even if it means turning London into a third world cesspit. After all, when they have had their fill, they retire to a place far from the madding crowd to write their self ingratiating memoirs.
If you came home from work and found your neighbour in bed with your wife would you unwrap a condom for him and go back to work as you hadn't quite got yer money, then pretend nothing had happened?
ReplyDelete