The views expressed in this column may not be those of the National Taxi Association
Debunking the myth of a National Cab Act
Over the years I have used this column to advise you all of the various goings on throughout the countries cab trade, I like to think some of you even got beyond the first paragraph. I don’t want to be a scaremonger here, but it seems to me, a lot of you are simply not aware that the taxi trade, as we know it, is under imminent threat, the question is, what you going to do about it?
The September issue had dear auld Derek Cummins waffling on about existing taxi laws being ‘archaic’, I’ve seen Derek’s dress sense so he ought to know I. Likewise with the solicitor dude, who was expressing disappointment at the select committee’s apparent failure to consider accessible vehicles and a national taxi license, again, I guess it’s easy to consider what others will be paying for.
Before the ink was actually dry on the transport select committee report, it was announced that the law commission would begin enquiries into taxi and private hire law, dear auld Derek and his mate had been sidestepped by events.
The importance of Law Commission enquiry was subsequently underlined when the government responded to the select committee, basically saying, “Well, we don’t care what you people think, the law commission are going to sort it.”
I wrote after the Select Committee hearings that the people giving evidence did appear to be all quite mad (except my own motley crew obviously). I see no reason to change my opinion now we have the law commission. A meeting on 4th August between those interested parties and the law commission appear to have confirmed my own worst fears. Copies of the minutes are available from the NTA (if you’re a member).
It appears I am the only person writing in this magazine with any sense at all, mind you, I always say that. At this point my initial article was going to address a couple of the points raised by the esteemed gentlemen mentioned further up in this article.
I was going to ask someone to please write in and tell me what an accessible vehicle actually is, because I’m rather confused. We appear to have the EU telling us that the best type of taxi fleet should be a sensible mix of saloon cars and wheelchair accessible vehicles. And of course whilst you’re writing don’t forget to tell me who the unlucky sod is spending the best part of 30 grand on a WAV……or who the lucky bleeder is who only has to spend a third of the amount on a saloon vehicle. But that’s the EU for you.
Indeed, I was going to ask if one of the two gentlemen could please tell me the viability of a brand spanking new TX vehicle (for example) in the small, but ever so nice village of Shap might be, because I don’t think there is any viability whatsoever. A change in legislation would potentially lead a place like Shap from having a taxi service of sorts, to having no taxi service whatsoever.
I was going to point out that to a cab driver reading Taxitalk in Shap, tales of cherrypicking, illegal plying for hire, minicab rapes and so on, I imagine he would think we were writing about some distant foreign country, not somewhere which is only an hour or so from his home. Yet, any new taxi law, which would hopefully have the mission to stop such activities (which actually implies current law doesn’t have such a mission), would have an impact on this guys business. This fact seems to be completely ignored by the great and good.
I find all of this quite galling. Ideas are being thrown about with very little thought as to the consequences. People seem to be saying they want rigid legislation, not open to interpretation, across this fine country of ours.
I was on my soapbox about driver training too. Advising that when I hear calls from people for greater driver training and suchlike, I don’t, as rumoured, start throwing things around the house, nor do I even throw up on the person telling me such things, I just shake my head and wonder what planet they’re on. People seem to think that training a taxi driver actually makes a difference. The only difference I see is to the bank accounts of those doing the training. Yet everyone seems to be getting fooled into thinking training actually works.
But it all seems rather pithy; the clear and present danger is that the taxi trade now appears to have one lone voice asking for the retention of the status quo. Nobody seems concerned that the principal the law commission is working to is one of a ‘deregulatory approach’.
I honestly believe a good number of people in the taxi trade are completely ignorant as to what private hire actually is. Quite Scary, when you consider how much people rant on about them.
I don’t think the government are stupid, I think they realise that there are good reasons why the taxi trade differs (albeit slightly) in each area.
One example was the recent decision made by a council in Devon to license a ‘Smart Car’ as a hackney carriage. I personally find that type of decision really strange, I think the council are completely mad, yet if I am to defend the system of locals being best placed to decide, I must consider that the application went before a committee who weighed up the pro’s and con’s and then came to a decision. Albeit a rather silly one.
When the Minister, Norman Baker, spoke to the transport select committee, he made more of a case for the status quo remaining than I ever could.
People need to decide; because our livelihoods are the gamble some people seem to be playing with. To be honest I’m a little tired of all of this, I see people making or trying to influence decisions made about my industry who either don’t want to drive cabs anymore, haven’t driven cabs for a long time or are approaching the end of their innings in terms of the cab trade. Now that truly scares me, because I’ll be the one picking up the enormous pile of sh*t they leave on my doorstep.
Are local’s best placed to decide their transport policy, or is it national government?
Experience from across the country tells me that local authorities on the whole make decisions based upon their experience. The major majority of policies have developed due to local concerns. The best thing from the current system is the fact you have a local licensing committee making decisions, you are consulted and can respond to these. What chance do you think you’ll have if it is a government department in Westminster making decisions?
People are suggesting the government need to bring in a taxi law that will be a maximum standard, not minimum (with best practice guidance) as we have now. Can you imagine what will ensue if this happens?
Should we have Carlisle’s system of age limits (3 on, 5 off) or no age limits like some other areas?
Should we have Leeds colour policy of black and white vehicles (which I suspect will go down a treat in Sunderland) or no colour policy?
Should we have vehicles that are 100% wheelchair accessible or a mixed fleet?
Should we have London’s delimited system of licensing?
Are people so stupid they need a national government to decide what colour and how old taxis should be? (On second thoughts, some of you shouldn’t answer that question).
As for the law being archaic, which bit? We are constantly told there is no substitute for modern legislation…..is that the bit where local authorities abuse the rights of appeal by invoking immediate suspension for the purposes of public safety……without any recourse whatsoever for the driver? Or is it the bit where a licensing department use CCTV to catch taxis over-ranking?
The situation in North East England, with people from other areas licensing vehicles in Berwick, and then using them as private hire elsewhere, was in my view a consequence of three things.
Firstly, if Berwick was an area with regulated taxi numbers the situation wouldn’t have arisen.
Secondly, if Berwick actually had a localised topographical knowledge test in place, the situation wouldn’t have arisen.
Thirdly, if Berwick actually had a licensing officer and a licensing committee with a decent sized set of balls, the situation wouldn’t have arisen.
People cannot blame taxi law for those three things; indeed, situations similar to the one Berwick found itself in have happened and continue to happen in other parts of the country.
No doubt this saga will carry on for the next few months, years even, so rather than give myself writer’s cramp, I’ll continue this story in the near future. In the meantime I do have one useful suggestion bearing in mind what the future appears to beckon. There is a national shortage of electrical engineers – if you’re going to get trained to do a job – please pick one where you know you’ll earn money.
Source: Wayne Casey - National Taxi Association:











{ 1 comment… read it below or add one }
Hello Wayne,
I have read this column with interest & to be honest my take on the whole problem is simple for the Law Commission and my view is this.
Why totally re-write the Town Police Clauses Act 1847, or, the Local Government (Miscellaneous Provisions) Act 1976, when all that is not needed?
What is needed is a simple piece of common sense to be applied in the form of Education for the Local Council Licensing Department Staff, meaning insert at the end of Section 45, that must be adopted by the Local Council, stated within the Local Government (Miscellaneous provisions) Act 1976;
No person can work in that Local Council Licensing Department, as a decision maker, deciding on the Local Licensing Policy or Local Enforcing Licensing Policy, unless that person has passed the OCR or RSA Road Passenger Transport Management Course Exams in full.
Then I would add to Section 55 of the Local Government (Miscellaneous Provisions) Act 1976 that could state;
No person, who becomes a Proprietor of a Section 55, who then wishes to operate more than two Section 48 vehicles, under the issued Section 55 Private Hire Operator Licence, shall do so unless they have achieved the OCR or RSA Road Passenger Transport Management, Unit 1 Qualification Exam Pass in,
“Understanding the Legal and Business Practices of Road Transport” because there are 8 section headings that the applicant must fully understand and these headings are;
Law
Social Legislation
Financial Aspects
Commercial Document and Records
Business and Financial Management
Marketing
The Environment
Business Continuity Planning
these Section headings, then have a 30 question exam, that lasts 45 minutes & it should be mandatory, that the Section 55 Proprietor Applicant, must achieve this Qualification, before being allowed to operate more than two Section 48 Vehicles in Law.
If the Law Commission applies, just a little bit of common sense to the problems that have been created by a certain Ex-Licensing Officer Employed by Berwick upon Tweed Borough Council, that was part of the Northumberland County Council, former 6 Councils Areas, that have now become;
BT Berwick upon Tweed
AD Alnwick District
TD Tynedale District
CM Castle Morpeth
WD Wansbeck District
BV Blyth Valley
then we would never have had a man who could not accept that the Council Byelaws did not allow a Hackney Carriage Taxi Licensed in Berwick upon Tweed to “IMPORTUNE” the services of another person to supply the Taxi with “Hirings outside of Berwick upon Tweed” from a Private Hire Operator Licensed by another Local Council not even within Northumberland, outside of Berwick upon Tweed in North Tyneside and Newcastle, as stated in the Berwick Advertiser 2 November 2006, when this Employed by Berwick upon Tweed Licensing Officer stated all of this Documented Evidence, that freely available for anyone to access by contacting the Berwick Advertiser for a Copy of the Front Page and Page Two Article that was written in 2006.
Hope you like my simple take on the whole sorry story that has created all these problems that require the Law Commission to address the situation of reform needed to resolve the problem created by a Millionaire Private Hire Operator and a Suspicious Licensing Officer, who formed his own personal company to generate an income from the problem he created in 2006, Personal Company set-up 2007, whilst in office, as an employed Berwick upon Tweed Licensing Officer, and that surely breaches the Code of Conduct by Employed Council Officers, therefore probably generating the “PROCEEDS OF CRIME” for this Ex-Licensing Officer?
The Law Commission must be asked (made aware of) about the Activities of the PHRG Spokespersons background and Business Interests?
Thanks for reading this post.