DfT urged to legislate for national minimum standards for taxi and PHV licensing

The government should legislate for national minimum standards for taxi and private hire vehicle (PHV) licensing and introduce a statutory definition of both ‘plying for hire’ and ‘pre-booked’ in order to maintain the two-tier system, a report prepared for the Department for Transport (DfT) has said.

The report from Professor Mohammed Abdel-Haq, chairman of the Task and Finish Group on Taxi and Private Hire Vehicle Licensing, said: “As the law stands, ‘plying for hire’ is difficult to prove and requires significant enforcement resources. Technological advancement has blurred the distinction between the two trades…..

“This definition should include reviewing the use of technology and vehicle 'clustering' as well as ensuring taxis retain the sole right to be hailed on streets or at ranks.”

The report said taxi and PHV legislation “should be urgently revised to provide a safe, clear and up to date structure that can effectively regulate the two-tier trade as it is now”.

Further recommendations included that:

• The government should urgently update its Best Practice Guidance. “To achieve greater consistency in advance of national minimum standards, licensing authorities should only deviate from the recommendations in exceptional circumstances. In this event licensing authorities should publish the rationale for this decision.”
• In the short-term, large urban areas, notably those that have metro mayors, should emulate the model of licensing which currently exists in London and be combined into one licensing area. In non-metropolitan areas collaboration and joint working between smaller authorities should become the norm.
• The government should legislate to allow local licensing authorities, where a need is proven through a public interest test, to set a cap on the number of taxi and PHVs they license.
• The government should legislate that all taxi and PHV journeys should start and/or end within the area for which the driver, vehicle and operator are licensed.
• The Department for Transport must as a matter of urgency press ahead with consultation on a draft of its statutory guidance to local licensing authorities. “The guidance must be explicit in its expectations of what licensing authorities should be doing to safeguard vulnerable passengers. The effectiveness of the guidance must be monitored in advance of legislation on national minimum standards.”
• In the interests of passenger safety, particularly in the light of events in towns and cities like Rochdale, Oxford, Newcastle and Rotherham, all licensed vehicles must be fitted with CCTV (visual and audio) subject to strict data protection measures.

Responding to the report, Cllr Simon Blackburn, Chair of the Local Government Association’s Safer and Stronger Communities Board, said: “Councils have long-called for existing outdated taxi laws to be updated and strengthened so we are pleased that many of our recommendations have been supported in this report.

“Proposals to tackle out of area working, improve safeguarding and establish national minimum standards are essential to provide safer journeys and fairer business for drivers.

“Further recommendations to set minimum numbers of wheelchair accessible vehicles and install CCTV in licensed vehicles, while desirable, need to be considered alongside necessary funding to facilitate this.”

Cllr Blackburn said: “Local councils must continue to be central to the licensing process. We are pleased that the report recognises the importance of retaining local flexibility in taxi and private hire vehicle licensing, and of drivers being required to work in the area where they are licensed.

“The need for reform is now urgent. Councils are doing what they can to strengthen licensing processes, such as signing up to the new National Register of Revocations and Refusals commissioned by the LGA, but we have always said that the best way to strengthen safeguarding is to update legislation, which only government can do.”