Review of the regulation of taxis and PHVs Frances

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Transcript Review of the regulation of taxis and PHVs Frances

Reforming the law of taxi and private
hire services
Frances Patterson QC
LPHCA
14 June 2012
The Law Commission
 Independent body created by statute
 Responsible for systematic
development and reform of law in
England and Wales
 Consultation period until 10 September
2012
 Open and full consultation
The taxi and PHV project
Adult Social Care Project
A project to review and reform the UK law
relating to taxis and private hire vehicles in
England and Wales
Suggested by the Department for
Transport
Outline of project
Stage 1: Pre consultation
Stage 2: Public Consultation
May 2012
Publication of consultation paper
May - September 2012 4 month public consultation
Stage 3: Draft Bill and report
Publication November 2013
Legislation before the end of the current Parliament?
Methodology of our review
Understanding the trades in practice
Review of existing legislation
Re-structuring: fragmented legislation and
development of coherent policy
Impact on private hire – an
2. The process
for assessment
overview

London to be regulated within same
framework as England & Wales.

Retention of the two-tier system, with a
statutory definition of plying for hire.

National safety standards.

Removing restrictions on cross-border hire
and sub-contracting.

Improved enforcement.
National mandatory safety
standards
 Local authority remains responsible for licensing.
 All PH vehicles, drivers and operators subject to
national standards relating to safety, set by the
Secretary of State.
 Licensing authority unable to impose additional
conditions of licence.
 Should local authorities retain power to set
signage conditions?
Standards
Cross-border
working
 Removal of “triple licensing” requirement –
operators can use vehicles and drivers
licensed in other areas.
 Allowing sub-contracting.
 National safety standards for taxis and PHVs
will prevent “Berwick” type situations.
Operator licensing
 No extension of operator licensing to
intermediaries and aggregators.
 Taxi radio circuits and taxi drivers taking prebookings.
 “Fit and proper” criteria.
Enforcement
Uniform national standards for taxis and
private hire to assist with enforcement.
Licensing officers can enforce against out-ofarea vehicles.
 Enhanced enforcement powers.
Final points
 Broad definition of taxis and private hire
vehicles – could include limousines,
motorbikes and wedding and funeral cars.
 Possibility of using term “pre-booked taxi” for
private hire vehicles.
 All drivers to have disability awareness
training.
Q&A
For further information contact:
•Address
•Steel House
•11 Tothill Street
•London
•SW1H 9LJ
•Telephone
•0203 334 0266
•Email
•[email protected]
•Website
•www.justice.gov.uk/lawcommission/index.htm