Reforming the law of taxi and private hire

Reforming the law of taxi and private hire services Frances Patterson QC LPHCA 14 June 2012

The Law Commission v Independent body created by statute v Responsible for systematic development and reform of law in England Wales v Consultation period until 10 September 2012 v 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 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 v Understanding the trades in practice v Review of existing legislation v Re-structuring: fragmented legislation and development of coherent policy

Impact on private hire – an overview 2. The process for assessment v London to be regulated within same framework as England & Wales. v Retention of the two-tier system, with a statutory definition of plying for hire. v National safety standards. v Removing restrictions on cross-border hire and sub-contracting. v Improved enforcement.

National mandatory safety standards v Local authority remains responsible for licensing. v All PH vehicles, drivers and operators subject to national standards relating to safety, set by the Secretary of State. v Licensing authority unable to impose additional conditions of licence. v Should local authorities retain power to set signage conditions?

Standards Cross-border working v Removal of “triple licensing” requirement – operators can use vehicles and drivers licensed in other areas. v Allowing sub-contracting. v National safety standards for taxis and PHVs will prevent “Berwick” type situations.

Operator licensing v No extension of operator licensing to intermediaries and aggregators. v Taxi radio circuits and taxi drivers taking prebookings. v “Fit and proper” criteria.

Enforcement v Uniform national standards for taxis and private hire to assist with enforcement. v Licensing officers can enforce against out-ofarea vehicles. v Enhanced enforcement powers.

Final points v Broad definition of taxis and private hire vehicles – could include limousines, motorbikes and wedding and funeral cars. v Possibility of using term “pre-booked taxi” for private hire vehicles. v All drivers to have disability awareness training.

Q&A

For further information contact: • Address • Steel House • 11 Tothill Street • London • SW 1 H 9 LJ • Telephone • 0203 334 0266 • Email • tph@lawcommission. gsi. gov. uk • Website • www. justice. gov. uk/lawcommission/index. htm