28/01/2012



Why do we need reform?

  • existing laws date from 1847
  • lack of understanding makes it easier for rogue operators
  • different interpretations lead to varying requirements across the country

Consultation ended 30 June 2010



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  • Law Commission Advisory Group

  • Law Commission Review on Taxi and private hire vehicle regulation

  • The IOL Taxi Reform Consultation

  • IOL Taxi Reform Report

  • Next Steps

  • Why did we ask?

  • Law Commission Advisory Group

    The Institute sits on the Law Commission Advisory Group looking at Taxi and Private Hire law reform. 

    The minutes of the meetings are available in the website library for Institute members to download: /IOL/library/Taxi and Private Hire Vehicles/Law Commission Review on Taxi Laws  

    Law Commission Review on Taxi and private hire vehicle regulation

    Shortly after the publication of the Institute’s report and its presentation to the Transport Committee and the DFT, the Law Commission announced its review of the existing framework of taxi and private hire vehicle regulation with a view to preparing proposals for consultation.

    The Law Commission website states

    “The current law on taxis and PHVs has been criticised for being complex and outdated.

    One problem is the multiplicity of legislation. Taxis, which can “ply for hire” so customers can stop them in the street, have different rules to PHVs which can only be pre-booked. In turn each of the taxi and PHV trades is regulated by multiple statutes. There are also different legal systems along geographical lines distinguishing Plymouth, London and the rest of England and Wales.  Whereas some distinctions are clearly justified others are less clearly so.

    Some of the legislation, particularly relating to taxis, is archaic. The key statutes date back to Victorian times and refer to “hackney carriages” when taxis were literally horse-drawn vehicles. Case law and guidance are indispensable in interpreting the law. This also makes the legislation less able to reflect more modern technology like the telephone, internet and GPS technology.” 

    The project

    The project examines the legal framework relating to taxis and PHVs with a view to making it simpler and more modern. 

     The Commission aim to publish proposals for reform in April 2012. 

    This will be followed by a three month consultation period following which the Commission will  publish a final report with recommendations and draft bill by late 2013.

    The IOL Taxi Reform Consultation

    In January 2011, following 30 months of work by the Institute's team of volunteers (the Taxi Reform Working Party), and the first nationwide consultation involving all users, trade and regulators, the Institute presented  the findings of the consultation in one comprehensive report.


    IOL Taxi Reform Report


    James Button, Chair of the Taxi Reform Working Party and President of the Institute of Licensing said at the time:

    “This report is the culmination of almost three years hard work by a dedicated team of volunteers, to whom I express my heartfelt thanks.. It is the first time that opinion on taxi use and legislation has been canvassed so widely and impartially, and it presents a picture of a vital urgent need for reform, to benefit the public, businesses, and regulators. I urge the Government to look at this archaic area of public safety regulation as a matter of priority.”


    Next Steps

    The results of the TWP work and its formal report were presented to the Transport Cttee as part of the IOL response to the enquiry which asked about cross border hiring problems with private hires, and ‘any other issues’ around taxi / private hire licensing.




    The results were also   formally presented to the DFT.  The full report is  available via the Institute’s website for members to download.



    Why did we ask?

    TAXI REFORM CAMPAIGN - NATIONWIDE CONSULTATION

     
    Hackney Carriage and private hire vehicles are a vital and integral part of the transport network in the UK with:

    • an estimated 600 million journeys in Great Britain each year
    • most commonly used by younger people, those on lower incomes without access to cars, and women between the ages of 16 and 20
    • an estimated 69,000 taxis licensed in England in 2007*
    • over 264,000 individuals hold drivers licences issued by local licensing authorities in England and Wales*

    *source – Department for Transport

     

    The licensing of hackney carriages in particular dates back to 1847, and that for private hire vehicles to 1976.  Seventeen principal Acts of Parliament, eight statutory instruments, and over 150 court decisions regulate these activities.

     

    The Institute of Licensing has recently undertaken  a substantial nationwide consultation to find out how the existing law is working for different users including drivers, operators, customers and regulators.

     

    The overall aim was to establish if there is a need for reform of this legislation outside London, to make it fit for purpose for the 21st century. 
     
    There were many reasons for embarking on this exercise, principally:

     

    • eliminating inconsistencies between licensing authorities in the application of outdated legislation
    • removing outdated practices and controls  which stifle economic development and competition
    • enhancing public protection and safety by virtue of a simplified system of regulation
    • promoting the environmental impact of sustainable transport
    • recognising and embedding licensed vehicles as part of the national public transport infrastructure
    • reducing the administrative burden on licence holders and licensing authorities
    • providing a better structured and more understandable framework


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