Give councils power to set tougher local standards for taxis: Law Commission

Councils should gain powers to set more demanding local standards for taxis once new national ones come into force, the Law Commission has said.

It has called for a continued distinction between taxis and private hire vehicles, with only the former allowed to be hailed on streets or wait at ranks.

Publishing a report and draft bill, the Commission said there should be national standards for all taxis and private hire vehicles, set by the Government, but with the power for local licensing authorities to set additional standards for taxis, though not for private hire cars.

Local authorities would remain responsible for issuing licences and enforcement for both kinds of vehicles.

The Commission also recommended that it should become easier for providers of private hire services to work across local boundaries, and that licensing officers should have new enforcement powers to deal with vehicles and drivers licensed in different areas. Procedures for hearings and appeals would be standardised across England and Wales.

Other recommendations included powers to impound vehicles in which drivers actively solicit for customers, and that the exemption for wedding and funeral cars should become part of primary legislation.

Licensing authorities should retain the right to limit the number of taxis working in their licensing area – subject to a new test of ‘public interest’, the Commission said.

The report also called for mandatory disability awareness training for all taxi and private hire drivers.

The proposals followed what the commission said had been the largest response ever to one of its consultations, with some 3,000 submissions received.

The Local Government Association welcomed the Commission’s plans and said the Government should accept its recommendations and abandon aspects of the Deregulation Bill that would weaken councils' powers over taxis and private hire.

Licensing spokesman Cllr Tony Page said: “Powers to seize unsafe vehicles or those used to tout for trade would help councils target rogue or irresponsible drivers while licensing niche vehicles, such as limousines, means people travelling in any vehicle could be confident both the driver and the car have passed council checks.

“Introducing a national minimum safety standard, which could be improved or tailored by councils, would also provide the flexibility for councils to adapt to changes in technology or local conditions and ensure the safety of all passengers.”

He added: “Keeping residents safe is a priority for councils and it is imperative the Government accepts these Law Commission’s proposals and withdraw plans to relax taxi licensing rules inserted into the Deregulation Bill.”

Mark Smulian