We have been asked to give a simplified synopsis of the Law Commission Report, as many drivers will be put off reading the 290 page document. We've tried to highlight the most important issues but we would still recommend this document be read in its entirety.
Below are what I believe to be serious changes to the working practises of both the Taxi and Private Hire a Trades.
In no particular order.
All current Hackney Carriage Laws will be repealed,
complete with all case law and replaced with new recommendations.
Plying for hire is to be replaced with 'There & Then' hiring, but only for Taxis (page 22).
No more convictions then of illegally plying for hire.
Recommendation, the offences relating to plying for hire should be abolished. They propose replacing the concept of plying for hire with a new scheme of offences, resting on the principal prohibition of carrying passengers for hire without a licence, alongside a new offence making it unlawful for anyone other than a licensed taxi driver to accept a journey starting “there and then”.
Also there will be a statutory definition of pre-booking in order to create a clear distinction between the work of a taxi in its licensing area and the work of a private hire vehicle.
We are no longer to be called Hackney Carriages.
The words "Hackney Carriage" will be eradicated from legislation and replaced with the word "Taxi". Only Taxis will be able to use the word TAXI in advertising (p22)
Most devastating recommendation:
Ranks for private hire?
It's recommend that there should be a new defence to touting, where the solicitation is in respect of a licensed taxi or private hire vehicle, if the soliciting occurs in a place which has been designated by that licensing authority for that purpose, and that conditions as may be specified by the licensing authority have been complied with. (Page 187).
This would give TfL the ability to specify and implement private hire ranks outside venues.
COs to be given the power to stop. (p33)
This is what we've been expecting:
COs will be given the power to stop licensed vehicles and these local authority stopping officers, should have a new enforcement power to require licensed vehicles to move on where the officer considers that:
(a) there is a reasonable likelihood that the public may believe the vehicle is available for immediate hire;
(b) the vehicle is causing an obstruction to traffic flow; or
(c) the driver is attempting to take work away from ranked taxis.
This is also covered on (p183)
It's recommended that licensing officers who have been suitably trained and accredited should be given the power to stop licensed taxi and private hire vehicles in a public place for the purpose of checking compliance with licensing requirements.
New Fixed Penalties
These officers will also have the power to issue fixed penalties and power to impound touts vehicles, which should be among the sanctions available in respect of minor criminal offences under taxi and private hire legislation.(p193/195)
Compellable distances to be retained (p37)
They recommend that compellability should be retained in its current form. It should be open to licensing authorities to express compellability as a time or distance from the point of hire, or as extending to the boundaries of a licensing zone.
Licensing authorities should also be able to extend the compellable distance up to seven miles beyond the boundary of the licensing area, or twenty miles in the case of Transport for London.
(If this is correct, it would mean in London we could be compelled to accept a hiring up to a distance of 20 miles "beyond" the boundary of the Met, with no legal right to refuse. Surely this can't be true. Perhaps the word "beyond" is wrong and should have been up to)
One of the more dangerous proposals;
The loss of our right not to stop for a hail. (P38)
Licensing authorities should have the power to make a determination that in their areas, taxis should be under a duty to stop when hailed. In such areas, it would be an offence for a taxi driver in a vehicle displaying a “for hire” sign to fail to stop in response to a hail, without reasonable excuse.
This is a ridiculous proposal which we must fight at all cost.
No need to be a fit and proper person to own a minicab:
In future there will be no requirement to own a vehicle to get it licensed and vehicle license holders will not have to be fit and proper. Applicants for vehicle licences should not be subject to a fit and proper person test. (p95)
Signage requirements for private hire vehicles should form part of the national standards determined by the Secretary of State. The Secretary of State should impose requirements that aim to ensure that the public are able to distinguish easily between taxis and private hire vehicles (p112)
Data protection gone?
(p140) it's recommend that licensing authorities should be under a duty to publish their driver, vehicle and operator licensing data in such form as the Secretary of State may require.
Here we go again.... full names and registration details freely available on TfLs website?
Limit on Taxis but not Minicabs
Power to limit the number of Taxi drivers, but no restriction on PH drivers (p159).
A complete list of recommendations made by the Law Commission can be found on page 10 to 19 of the summary document
