Taxi Licensing Regulations — House of Commons, 2016-05-04
Topic: Transportation
Andrew John Gwynne (Labour, Centre-left): Thank you, Mr Speaker, for ensuring that I was able to have this debate today, not least because I raised the matter at business questions last Thursday before I had seen the email that had already arrived from your office informing me that this date had been allocated. I do not know whether it is the curse of Andrew Gwynne, but the last time I applied for and was successful in securing an Adjournment debate, it was on the last day before a recess. This time, it is on the day before the local elections. Nevertheless, it is a great opportunity to raise a matter of importance on the Floor of the House I should start by declaring an interest in that my wife, Councillor Allison Gwynne, is the cabinet member for environmental services, which includes taxi licensing, at Tameside Metropolitan Borough Council. It was on a visit with her to the excellent taxi licensing department at Tameside during the February recess that people at the office raised with me some concerns about the operation of the current legislation The licensing of taxis and private hire vehicles, drivers and operators has been a function of local authorities in England and Wales for over 350 years. Local authorities are expected to run a licensing regime that ensures that fare-paying members of the public are carried comfortably and safely in vehicles that are suitable and roadworthy by drivers who are trustworthy and responsible. The legislation governing taxi and private hire licensing is quite old, but each local authority can determine its own policies and licence conditions to ensure that the taxi and private hire trade suits its area and its residents Long before the invention of the motor vehicle, it was recognised that drivers of public hire, horse-drawn carriages held a uniquely trusted position. Members of the public, who were often vulnerable and alone, got into their vehicles and were effectively at the mercy of the driver for the duration of the journey. The first hackney carriage licences were issued in London in 1662 in response to a rapid increase in the numbers of for-hire coaches and coachmen plying the streets for work. They were causing congestion, and fights over fares were a regular occurrence, and it was recognised that a number of the coachmen were undesirable characters who were likely to pose a risk to their passengers Further legislation was introduced over time, and local authorities now issue licences under two key pieces of legislation. The first is the Town Police Clauses Act 1847. It governs the licensing of hackney carriages, which are public hire vehicles that can ply for trade by driving around until they are flagged down by a member of the public or can wait for passengers at taxi ranks. The second piece of legislation is the Local Government (Miscellaneous Provisions) Act 1976, which governs the licensing of private hire vehicles, drivers and operators. Private hire vehicles cannot ply for hire or wait at ranks; they can only pick up passengers who have pre-booked the journey via a licensed private hire operator The two-tier system brings many complications. Members of the public, and even some members of the taxi trade, often become confused by the differences between the two regimes and how the legislation is applied. In addition to the two separate, distinct pieces of legislation and the two types of vehicles, local authorities are also able to impose their own separate, additional policies and conditions that apply to the vehicles, drivers and operators licensed in their area. That is why in some authorities, such as Tameside and Stockport, which cover my constituency, we will see only London-style black cabs being used as hackney carriages. In other boroughs and council areas, we will see all manner of saloons, hatchbacks and other standard vehicles being used as hackney carriages as well as private hire vehicles. Some areas require drivers to pass a driving test, an English language test, a local knowledge test and courses on how to behave appropriately, whereas other areas simply require a driving licence and a Disclosure and Barring Service check. In addition, the Transport Act 1985 allows local authorities the option of retaining or removing a limit on the number of—