see page 6 - Private Hire News
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see page 6 - Private Hire News
EARLY SUMMER 2009 ISSUE The news magazine of the Licensed Private Hire Car Association incorporating the London Private Hire Car Association see page 6 Platinum Member – Lancaster page 8 Best Practice Consultation page 10 First Aid in the Workplace page 52 www.privatehirenews.co.uk 46 EARLY SUMMER 2009 ISSUE 46 The news magazine of the Licensed Private Hire Car Association incorporating the London Private Hire Car Association Welcome to Edition 46 of Private Hire News. It was good to see yet another full house at our recent meeting on the Hispaniola Boat on the Thames in April. Those who attended will have probably been contacted this time via the new E-Alerts that the office has been generating for Members. This meeting was strictly a ‘Members Only’ event with a few of our Platinum Sponsors and Special Guests in attendance. Two very welcome new Special Guests were Martin Low (Director of Transportation) at Westminster City Council and Chief Superintendent Joe Royle Commander of the London Mayor’s recently enlarged Metropolitan Police’s Transport Occupational Command Unit. (TOCU) A brief report will be made in this edition of Private Hire News with full details of the meeting and discussions privately available in the pass-worded ‘Members Only’ area of our website www.LPHCA.co.uk As mentioned above the team at the office are now communicating to Members by a new system of E-Alerts. Once an E-Alert is received detailed information can be obtained by a simple click to our website where there will be ‘full blown’ information on the news subject or event relating to the alert. This system will enhance the level of information that Members receive on a simple ‘click when relevant’ basis. For example we will be sending traffic, legal, political, financial and association events information as well as private news and exclusive offers for Members. This will give Members the ability to obtain detailed information often well PUBLISHER: Private Hire News Ltd. Talbot House, 204 - 226 Imperial Drive, Harrow, Middlesex, HA2 7HH Mob: 07956 329288 Fax: 01442 380607 [email protected] www.privatehirenews.co.uk EDITOR: Steve Wright ADVERTISING: Mob: 07956 329288 Fax: 01442 380607 DESIGN/ARTWORK Bowberry House Design Ltd [email protected] PRINTER The Colourhouse Ltd Alan Anderson: 020 8305 8355 CONTRIBUTORS: Steve Wright, Geoff Wright, NOTE: The editorial content of ‘Private Hire News’ is copyright. Other Publications are not entitled to reproduce material contained in it without prior authorisation in writing. Please contact the publishers to obtain written permission to reproduce any material contained in this or any other issue. © All rights reserved before it becomes ‘Public Domain’. In the future most LPHCA information will only reach those who are entitled to it – ‘Our Loyal Members’, who at the end of the day pay for it. We are delighted with the E-Alerts trial which we used for the April meeting and no less that 11 Members registered their attendance and food choices within 6 minutes of one of the alerts! There will still be the traditional methods of fax, phone and post, so don’t worry if you are not yet web enabled. Technology is now going to be heavily utilised by the Association and we are delighted to hear that the Public Carriage Office (PCO) in London are also embracing its use. The PCO are in the process of formally approving remote inspection visits via CabOperator the online Operator, Driver and Vehicle Licensing Management System. We would like to thank Platinum Members Carlton Motors, Greater London Hire and DataCars of Eltham for assisting us with gaining PCO approval. This will in effect mean that filing cabinets full of papers and photocopies are no longer necessary for PCO Compliance. Most of the documents required for inspections can be viewed by the PCO remotely via CabOperator with secure and private access from the PCO over the web. The consequence of this is the saving of millions of pieces of paper and tens of thousands of filing cabinets. In addition teams of Licensing Officers arriving at Operator’s Premises to undertake trawling through filing cabinets can virtually become a thing of the past, with further environmental benefits via the massive reduction in Licensing Enforcement journeys. An extra benefit is that by having remote access to records it will enable the PCO and other Local Authority Regulators to spend more time focusing on those not complying. The LPHCA will be hosting a stand at the Coventry Exhibition at the End of May and Alan Haslehurst will be able to demo CabOperator there, with special discounts to LPHCA Members. The progress that the LPHCA has made in the last 12 months is very encouraging and without doubt this would not have been possible without the Platinum Membership as the time and financial support that has been forthcoming from all concerned has been tremendous. All of the Platinum Objectives were realigned at the April meeting from the original top twenty priorities in our first year and it was good to report that we have completed 5 priorities with ongoing progress on many more. The Platinum Committees will be reconvening soon with regular meetings on the Hispaniola. The Platinum work will be grown and developed to include all who want to contribute with time and or finances to help our progress. The internet Platinum Message Board, through no fault of the Association’s is being superseded due to the difficulty of managing it and the change of ownership from Ezyboard to Yuku. A combination of E-Alerts and our own Private Member’s Message Board and Forum Areas will be introduced with an easier hierarchy and alerting system. The LPHCA has been invited to get involved in Industry Awards for Private Hire in conjunction with the organisers of Drive 09. Details of these QSI awards will appear in the next edition of Private Hire News alongside details of our AGM, which will once again be held at the wonderful Marriott Hotel at Heathrow. This venue was so successful that many Members have requested that we hold the AGM and Road Show there once again this year. The date is confirmed as Thursday 8th October, so those who missed out on this great event last year please put it in your diary now! Elsewhere in this Edition are many Industry Related Articles including the Private Hire in Bus lanes campaign, where we are all working closely together on the PHB. Hopefully I will see you at Coventry or somewhere else soon. Steve Wright, MBE Chairman In this issue… Talking of Grading ............................................................................................................................................ 4 Private Hire in Bus Lanes ................................................................................................................................ 6 Platinum Member – Lancaster ........................................................................................................................ 8 Department for Transport – Best Practice Guidance ................................................................................... 16 Graded Listing ................................................................................................................................................ 27 Royal Parks Consultation – Response ......................................................................................................... 32 LPHCA Members’ Update Meeting ............................................................................................................... 34 PCO Notices ................................................................................................................................................... 40 Intelligent Speed Adaption • Rout the Tout • CRB Meeting in Parliament ................................................ 46 Visit to Allied Vehicles..................................................................................................................................... 48 First Aid in the Work Place ............................................................................................................................ 52 Early Summer 2009 Private Hire News issue 46 3 Talking of Grading... First Aid at Work by GEOFF WRIGHT (CHIEF GRADING OFFICER) In 1709 Alexander Pope is purported to have penned “An Essay on Criticism” from which the phrase ‘A little knowledge is a dangerous thing’ emanated, and there are many aspects in life to which this maxim can be applied, not least of these is the delivery of First Aid at Work. I will begin by posing the question ‘What is First Aid at Work?’. Well we all know that people can suffer injuries of some kind whilst undertaking their appointed tasks, some of which are quite easily treated ‘in house’ by ‘Qualified First Aiders’, whilst more serious injuries would need to be treated by specialists. First Aid at Work covers the arrangements that Employers must make to ensure that immediate attention is given to any accident either by treatment or in the case of a more serious injury, by calling an ambulance with ‘on-board paramedics’. The Health & Safety (First-Aid) Regulations require employers to provide adequate and appropriate equipment, facilities and personnel to enable first-aid to be given to their employees and freelance personnel should they become injured or fall sick at work. What is considered to be ‘adequate and appropriate’ will depend on the circumstances of the workplaces concerned of course and in our industry there are three common types of workplace environments namely: • The walk in base customer establishment, which employs a limited number of permanent staff • The non base version of the above, which is generally a remote staffed call centre • The fully staffed office complexes with a significant number of full time personnel or their staff and visitors It is essential therefore that, whatever level of ‘first-aid’ is needed, the personnel who are delivering such should be fully conversant with ‘what’ and equally importantly ‘what not to do’ in the event of an accident to a work colleague. Sometimes it may be better to do nothing than to possibly aggravate an injury by applying the wrong procedure through inexperience. It is therefore essential that whoever might be rendering first aid, beyond the basic needs required, must be qualified to a level commensurate with the nature of the injury or injuries which have been sustained. There are several aspects to be considered to determine what level of responsibility employers have to observe their minimum first-aid responsibilities set out in The Health & Safety at Work Act, these are: • The provision of a fully stocked first-aid box • An appointed person(s) to take charge of first-aid arrangements Some of our membership are quite small organisations and will only need to make the ‘minimum first-aid provision’ however there could be factors which might make greater provision necessary. 4 Early Summer 2009 Private Hire News issue 46 A quick look at the webfriendly version of the HSE leaflet entitled INDG214 (reprinted 03/08) and you should be able to adequately determine where your Company sits in the scheme of things. As this leaflet sets out a fully comprehensive schedule of requirements we have reproduced it in its entirety on PAGES 52-53. Please bear in mind that the information listed in that table are suggestions and are not necessarily definitive. The leaflet information also gives an indication guide as to what a typical first aid kit should comprise as might be applicable where no special risks would normally be encountered in the workplace and it is thought that this would generally be typical for our industry. The nature of your activities may require you to have members of your staff who have undergone training courses in administering first-aid at work, such persons being in possession of a current ‘first aid at work certificate’. These certifications can be obtained through some of the training organisations in Private Hire News. They must all however have been approved by the HSE and a list of such organisations in your area is available from them. Such persons would be considered as ‘Qualified Basic First Aiders’ Alternatively you may only be required to have someone who is an ‘appointed person’ who would be required to take charge when someone has been injured or who has fallen ill and who would call for an ambulance if required. That person would also look after any first-aid equipment and duties would include ensuring that the first-aid box is fully restocked after use. Some of our members have very comprehensive first-aid facilities with stations being housed on each floor level of their offices with dedicated staff to deal with incidences at every level. One member has recently acquired a heart defibulator for persons experiencing dangerous arrhyrthmia or cardiac arrest and has members of staff fully trained in the use of such a device. Further information on all aspects of first-aid at work is freely available on the HSE website at www.hse.gov/firstaid/index.htm but hopefully this article and the HSE Guidance published in this magazine will serve to highlight the need for you to observe your minimal requirements and recommendations about this often overlooked but important subject. Private Hire in BUS LANES... The recently re-constituted Private Hire Board met in January to discuss what direction it should take. That meeting endorsed the fact that the PHB should be the lead body to mount another ‘justice campaign’ for entry into the ‘Bus Lanes’ in London. A ‘Bus Lane’ committee was formed and duly met in April to discuss and agree the strategy to address the discrimination in some Private Hire Licensed Areas with regard to ‘Bus Lane Access’ for Private Hire Vehicles (PHV’s). One of the difficulties of any campaign is fund raising and consistently the primary funding had come in the main from LPHCA Members, a few Generous Sponsors including Addison Lee and industry suppliers and but very little from elsewhere. We understand more than most that Trade Associations rightly have to protect their precious incomes to sustain the vital ‘day to day’ work required by their Membership. The LPHCA with this in mind proposed and got unanimously accepted the fact that ‘Every Operator’, not just those in Trade Associations, should help to fund the ‘Bus Lane’ campaign. Furthermore Drivers who would gain the most could also reasonably be expected to contribute. A sustained campaign will need advertising, public awareness, political lobbying, legal funding and media attention, which all comes at a cost. Rather than ask a few to contribute the most, we proposed that a simple nominal donation of a £1 per driver is paid by all Operators One of the biggest issues on the and or Drivers as a minimum ‘road to success’ for this contribution. Campaign will be the identifier The committee will produce a that will be needed for use for professional video, as was done very ‘Bus Lane Access’. A certainty is successfully with the ‘Door to Door the fact that usage will not be Justice Campaign’, which was considered without a significant ultimately brought into the Private identifier. Hire Board’s auspices. DfT and Local Authorities have The ‘Door to Door Justice Campaign’ long argued that to prevent delivered the valuable concessions other motorists following PHV’s now enjoyed on London’s Red with ‘Bus Lane Access’ into the Routes by PCO Licensed Drivers. ‘Bus Lanes’ a ‘Distinctive identifier’ will be needed on all In addition posters, press releases, vehicles. Local Authorities like direct mailing and lobbying will be Edinburgh have opted for MOGO produced and or undertaken. This Number Plate Attachment will be backed by the legal work Signage and even the Chauffeur necessary to establish our rights to and Executive Operators and end the ‘unfair discrimination’ Drivers have now adopted these against our drivers and our trade. plates as their passport for ‘Bus Private Hire in Bus Lanes – Are You Lane Access’. in for a Pound? Will be the theme As the whole of the ‘Signage & for Operators and Drivers alike. Branding’ subject is due for To kick start the campaign and review in London soon it is very enable the Video to be produced timely that we are considering the Private Hire Board has our position on signage. It contributed £5,000 to set the wheels remains our view that ‘MOGO in motion. Number Plate Attachment Members of the ‘Bus Lane Signage’ is the best option and Campaign Committee’ have already we are delighted to see met with lawyers to confirm our thousands of these signs on our legal strategy and some potential member’s vehicles. SIGNAGE 6 Early Summer 2009 Private Hire News issue 46 logos have been designed by Private Hire News ‘graphics wizard’ George at Bowberry House Design, the cost of which, we are donating to the campaign. (See page 26 and please Email us at [email protected] to let us know your preferred choice). Other committee members have been proactive setting up a website and sending out letters. The letter (below) has been sent to All Operators in London asking to donate £1 per driver as a ‘Minimum Contribution’ to the fighting fund for the ‘Private Hire in Bus Lanes’ campaign. The question on every driver’s lips is ‘When are we going to get in the bus lanes?’ We all know that we are not on a level playing field with ‘Black Taxis’ in London although there are more than twice as many of us. This act of unlawful discrimination must now be challenged. The industry is represented by a number of organisations and they all come together under the Private Hire Board on issues where we are in full agreement. Entry into the bus lanes is an issue that has been under discussion for some time and in fact a TfL survey carried out four years ago concluded that there would be no noticeable increase in traffic flow. Should Private Hire Vehicles be allowed to travel in Bus Lanes? We are contacting you as a proprietor to lend your support to our campaign. You do not have to belong to any association but we would ask you to support us with a donation of a £1 per driver. None of this money will go to the committee but will help us to seek the legal support we are going to need. We will only be successful if everyone pulls together as we did on red routes. If we are successful this will have a major impact on your business and bring us a step closer to offering real competition to the Black Taxi trade. This is your chance to make a difference. Please make cheques payable to The Private Hire Board and send them to our treasurer. Mr. J Polly c/o Parker Car Service, Unit 3, Victory Business Centre, Fleming Way Isleworth, Middlesex TWT7 6DB Details of how to contribute in other ways will be published on the website and in Private Hire & Courier Magazine. PLATINUM MEMBER • PLATINUM MEMBER • PLATINUM MEMBER • PLATINUM MEMBER • PLATINUM MEMBER 8 PLATINUM MEMBER FEATURE ARTICLE Lancaster Private Hire is a Platinum Founder Member of the LPHCA and Ernie Hill their former Managing Director has been very supportive of our work in the industry since the mid-seventies. It was therefore with some dismay when Ernie (who has now retired) called the LPHCA to say the Daily Mirror had published ‘total lies’ about the company in April. A disgruntled trainee driver allegedly went to the Daily Mirror and made what the company insist are false allegations about the way it operates and their driver training and development program stating: ‘They are telling lies to bring us here’. As a company Regularly Graded and Visited by us these allegations were hard to reconcile, as Lancaster always stood out to us as ‘An Exemplary Licensed Private Hire Operator. Lancaster has around 40 excellent self-employed European Drivers on the road who are extremely well trained and well turned out. Their training project has been so successful that the company have won many contracts and is expanding. At a recent visit by the LPHCA the story from the company was that they are very happy and earning good money and Lancaster of course has plenty of evidence of this in their possession, which was shown to us. As all Operators will know there are two sides to every story and Lancaster insist that drivers who made the allegations have probably not complied with company rules or worked reasonable hours. These training and recruitment schemes have been a great success not only in London but elsewhere and like the famous Polish Builders and Plumbers the drivers have contributed greatly to our industry and very importantly to Safety of Passengers in London and Nationally by providing cover where others were not prepared to work. Lancaster’s only sin appears to have been to have upset Mr Flanagan by bringing in hard working drivers and thoroughly training them, whilst providing a living and accommodation for them whilst getting qualified. The Eastern European Driver’s Scheme has been a great success with Practical Training in the UK following considerable training in their homeland. Lancaster teamed up with Havering College to train drivers for the Government recognised NVQ and have provided a substantial amount of training materials and vehicles to ensure the success of the project. A couple of Lancaster’s drivers have done so well that they have been promoted to Chauffeurs and are now driving £40,000 vehicles. The Mirror surprisingly seems to have gone into this story, hook, line and sinker, apparently spurred on by the provocative GMB Union representative Terry Flanagan who has before put out allegations and sometimes disgusting rhetoric about Licensed Private Hire Operators, the Royal Family and others. The LPHCA, the former Mayor’s Transport Advisor Mark Watts and the Private Hire Board (PHB) are amongst many who have asked for these allegations to be substantiated but to date nothing has been brought to us by way of evidence. For quite a while Mr Flanagan has been banging on about illegal immigrants, slave labour and other spurious allegations in connection with schemes to train and use European Nationals to fill the void left by the lack of drivers prepared to work appropriate hours in London. Early Summer 2009 Private Hire News issue 46 Lancaster’s Robin Tasker and their Euro Driver Manager Lancaster has welcomed European Drivers, starting with Romanians and today they also have Polish and Bulgarians amongst their very happy and professional workforce. The company representatives were so pleased with the Romanian project that Directors Robin Tasker and Simon Hill spent time on Recruitment and Training projects in other European capital cities to interview, select and then train the candidates via the 'excellent' training syllabus prepared by Lancaster. Lancaster found that when service levels and appropriate driver availability diminished in the UK the Eastern Europe Drivers came with an eagerness to succeed and a tremendous work ethic. They now have around 40 well turned out, customer-facing, uniformed, focused and highly trained drivers. Not surprisingly the company have received many compliments regarding the European Drivers from their wide portfolio of clients and customers. As with all drivers some will never be happy and will think the grass is greener elsewhere. Lancaster, like most companies, has had some leavers but the fact that many have returned to Lancaster tells its own story. Several drivers have settled and bought their wives and families over and were very upset after reading the Mirror’s Article and they have said that they would like their chance to tell the truth and to say how happy they are. The LPHCA’s legal helpline was used to advise Lancaster alongside the full support of the LPHCA. They have subsequently complained to the Press Complaints Commission and are in consultation as to their next steps. Having spent nearly 40 years in our industry as your Chairman I felt it was only right that I visited Lancaster personally. I did this late in April to find nothing to support the Mirror’s Article. What I did find was the highest standard of record keeping, contractual agreements and driver training that is way above what is required and the norm for drivers in our sector. At the time of going to press this was still in the hands of the Press Complaints Commission so we will make no further comment but will report back to Members in due course. The LPHCA will continue to support Lancaster as valuable Platinum Members and as ‘in our view ‘High Class Operators’ and ‘Decent People’. Steve Wright MBE, Chairman Lancaster now have quite a few drivers who been with the company for over a year and are very, very happy. They are also very grateful for the opportunity and support that Lancaster has given them. My name is Roy Griffin I am the Operations Manager for Lancaster Private Hire and I have been in the industry for 25 years. I have been at Lancaster Private Hire for 6 months and we have brought together one of the most experienced teams of staff that you could hope for. Since being at Lancaster I have found it very refreshing to work with the European Drivers that we have as they are very helpful, smart & polite at all times. I am not saying it is easy as many of these drivers need our full assistance along the way to complete the full training given to them, however once trained many of them are earning as much as any experienced driver would. We do get the odd few falling through the net, but not for the want of trying by the experienced team that we have. We have to remember where these drivers have come from and to work in Central London as complete novices is commendable. Lancaster Private Hire is rightly very proud of their whole team as change is difficult at the best of times. They have embraced change and through their determination have made the European Driver Project a great success. As for Lancaster’s Drivers they are also very proud of their achievements both as a group and as individuals. They all have the right to be in the UK and the company are so pleased that they have chosen to represent Lancaster Private Hire. See LPHCA Comment on page 24 Early Summer 2009 Private Hire News issue 46 PLATINUM MEMBER • PLATINUM MEMBER • PLATINUM MEMBER • PLATINUM MEMBER • PLATINUM MEMBER PLATINUM MEMBER FEATURE ARTICLE 9 BEST PRACTICE GUIDANCE Once again The LPHCA has been directly consulted on this important draft document which contains some very important BEST PRACTICE GUIDANCE. There are some very important issues that directly affect the Taxi / Private Hire Industries and therefore all of our members both in London and Nationally. You will of course have the ability to respond yourselves or as always submit your feedback to the association. We will also as always consult our members and call a meeting to discuss the implications of this document. It is vital that a Government Best Practice document is right and we must ensure that recommendations are appropriate to the needs of the travelling public and the industry. The LPHCA will therefore be making a submission on behalf of its members. Taxi and Private Hire Vehicle Licensing: Best Practice Guidance 1. The Department first issued Best Practice Guidance in October 2006 to assist those local authorities in England and Wales that have responsibility for the regulation of the taxi and private hire vehicle (PHV) trades. 2. It is clear that many licensing authorities considered their licensing policies in the context of the Guidance. That is most encouraging. 3. However, in order to keep our Guidance relevant and up to date, we embarked on a revision. We took account of feedback from the initial version (and we consulted stakeholders) in producing this revised version. 4. The key premise remains the same – it is for individual licensing authorities to reach their own decisions both on overall policies and on individual licensing matters, in the light of their own views of the relevant considerations. This Guidance is intended to assist licensing authorities but it is only guidance and decisions on any matters remain a matter for the authority concerned. 5. We have not introduced changes simply for the sake of it. Accordingly, the bulk of the Guidance is unchanged. What we have done is focus on issues involving a new policy (for example trailing the introduction of the Safeguarding Vulnerable Groups legislation); or where we consider that the advice could be elaborated (eg medical standards); or where progress has been made since October 2006 (eg the stretched limousine guidance note has now been published). THE ROLE OF TAXIS AND PHVs 6. Taxis (more formally known as hackney carriages) and PHVs (or minicabs as some of them are known) play an important part in local transport. In 2003 some 650 million journeys were made by taxi and PHV in Great Britain, and households spent around £3 billion on taxi and PHV journeys; spending by businesses and foreign visitors was a substantial extra figure. Taxis and PHVs are used by all social groups; low-income young women (amongst whom car ownership is low) are one of the largest groups of users. 7. Taxis and PHVs are also increasingly used in innovative ways – for example as taxi-buses - to provide innovative local transport services (see paras 88-91). THE ROLE OF LICENSING: POLICY JUSTIFICATION 8. 9. The aim of local authority licensing of the taxi and PHV trades is to protect the public. Local licensing authorities will also be aware that the public should have reasonable access to taxi and PHV services, because of the part they play in local transport provision. Licensing requirements which are unduly stringent will tend unreasonably to restrict the supply of taxi and PHV services, by putting up the cost of operation or otherwise restricting entry to the trade. Local licensing authorities should recognise that too restrictive an approach can work against the public interest – and can, indeed, have safety implications. For example, it is clearly important that somebody using a taxi or PHV to go home alone late at night should be confident that the driver does not have a criminal record for assault and that the vehicle is safe. But on the other hand, if the supply of taxis or PHVs has been unduly constrained by onerous licensing conditions, then that person’s safety might be put at risk by having to wait on late-night streets for a taxi or PHV to arrive; he or she might even be tempted to enter an unlicensed vehicle with an unlicensed driver illegally plying for hire. 10. Local licensing authorities will, therefore, want to be sure that each of their various licensing requirements is in proportion to the risk it aims to address; or, to put it another way, whether the cost of a requirement in terms of 10 Early Summer 2009 Private Hire News issue 46 its effect on the availability of transport to the public is at least matched by the benefit to the public, for example through increased safety. This is not to propose that a detailed, quantitative, cost-benefit assessment should be made in each case; but it is to urge local licensing authorities to look carefully at the costs – financial or otherwise – imposed by each of their licensing policies. It is suggested they should ask themselves whether those costs are really commensurate with the benefits a policy is meant to achieve. SCOPE OF THE GUIDANCE 11. This guidance deliberately does not seek to cover the whole range of possible licensing requirements. Instead it seeks to concentrate only on those issues that have caused difficulty in the past or that seem of particular significance. Nor for the most part does the guidance seek to set out the law on taxi and PHV licensing, which for England and Wales contains many complexities. Local licensing authorities will appreciate that it is for them to seek their own legal advice. CONSULTATION AT THE LOCAL LEVEL 12. It is good practice for local authorities to consult about any significant proposed changes in licensing rules. Such consultation should include not only the taxi and PHV trades but also groups likely to be the trades’ customers. Examples are groups representing disabled people, or Chambers of Commerce, organisations with a wider transport interest (eg Transport 2000 and other transport providers), womens’ groups or local traders. ACCESSIBILITY (The Department will consider emerging conclusions from the February 2009 accessibility consultation exercise; this section is therefore subject to change.) 13. Local licensing authorities will want to consider how accessible the vehicles they license as taxis are for disabled people. Disabled people often use wheelchairs but it should be remembered that there are many who do not and who have other needs that ought to be taken into account. 14. Licensing authorities will know that the Department has for some years been working on proposals that would substantially improve taxi provision for people with disabilities. The Department recently consulted on this issue – further information will be available at the end of 2009. In the meantime, licensing authorities are encouraged to introduce taxi accessibility policies for their areas. The Department has previously issued detailed guidance on this to local licensing authorities. 15. Different accessibility considerations apply between taxis and PHVs. Taxis can be hired on the spot, in the street or at a rank, by the customer dealing directly with a driver. PHVs can only be booked through an operator. It is important that a disabled person should be able to hire a taxi on the spot with the minimum delay or inconvenience, and having accessible taxis available helps to make that possible. For PHVs, it may be more appropriate for a local authority to license any type of saloon car, noting that some PHV operators offer accessible vehicles in their fleet. The Department has produced a leaflet on the ergonomic requirements for accessible taxis that is available from: http://www.dft.gov.uk/transportforyou/access/ taxis/pubs/research 16. The Department is aware that, in some cases, taxi drivers are reluctant to pick up disabled people. This may be because drivers are unsure about how to deal with disabled people, they believe it will take longer for disabled people to get in and out of the taxi and so they may lose other fares, or they are unsure about insurance arrangements if anything goes wrong. It should be remembered that this is no excuse for refusing to pick up disabled people and that the taxi industry has a duty to provide a service to disabled people in the same way as it provides a service to any other passenger. Licensing authorities should do what they can to work with operators, drivers and trade bodies in their area to improve drivers’ awareness of the needs of disabled people, encourage them to overcome any reluctance or bad practice, and to improve their abilities and confidence. Local licensing authorities should also encourage their drivers to undertake disability awareness training, perhaps as part of the course mentioned in the training section of this guidance that is available through Go-Skills. by exposure to dogs may apply to their licensing authority for an exemption from the duty on medical grounds. Any other driver who fails to comply with the duty could be prosecuted through a Magistrates’ court and is liable to a fine of up to £1,000. Similar duties covering PHV operators and drivers have been in force since 31 March 2004. 21. Enforcement of this duty is the responsibility of local licensing authorities. It is therefore for authorities to decide whether breaches should be pursued through the courts or considered as part of the licensing enforcement regime, having regard to guidance issued by the Department. DUTIES UNDER THE PART 3 OF THE DDA 22. The Disability Discrimination Act 2005 amended the DDA 1995 and lifted the exemption in Part 3 of that Act for operators of transport vehicles. Regulations applying Part 3 to vehicles used to provide public transport services, including taxis and PHVs, hire services and breakdown services came into force on 4 December 2006. Taxi drivers now have a duty to ensure disabled people are not discriminated against or treated less favourably. In order to meet these new duties, licensing authorities are required to review any practices, policies and procedures that make it impossible or unreasonably difficult for a disabled person to use their services. 23. The Equality and Human Rights Commission (formerly the Disability Rights Commission) has produced a Code of Practice to explain the Part 3 duties for the transport industry; http://drc.uat.rroom.net/PDF/4008-517provision_and_use_of_transport_vehicles_cop.pdf. The Part 3 duties also now demand new skills and training is available through GoSkills, the sector skills council for road passenger transport. Further details are provided in the training section of this guidance. CONTINUED ON PAGE 12 17. In relation to enforcement, licensing authorities will know that section 36 of the Disability Discrimination Act 1995 (DDA) was partially commenced by enactment of the Local Transport Act 2008. The duties contained in this section of the DDA apply only to those vehicles deemed accessible by the local authority being used on “taxibus” services. This applies to both hackney carriages and private hire vehicles. 18. Section 36 imposes certain duties on drivers of “taxibuses” to provide assistance to people in wheelchairs, to carry them in safety and not to charge extra for doing so. Failure to abide by these duties could lead to prosecution through a Magistrates’ court and a maximum fine of £1,000. 19. Local authorities can take action against non-taxibus drivers who do not abide by their duties under Part 3 or under section 37 of the DDA (see below). This could involve for example using licence conditions to implement training requirements or, ultimately, powers to suspend or revoke licences. Some local authorities use points systems and will take certain enforcement actions should drivers accumulate a certain number of points. Full commencement of the provisions of section 36 was explored in the consultation mentioned above. DUTIES TO CARRY ASSISTANCE DOGS 20. Since 31 March 2001, licensed taxi drivers in England and Wales have been under a duty (under section 37 of the DDA) to carry guide, hearing and other prescribed assistance dogs in their taxis without additional charge. Drivers who have a medical condition that is aggravated Early Summer 2009 Private Hire News issue 46 11 CONTINUED FROM PAGE 10 BEST PRACTICE GUIDANCE 24. Local Authorities may wish to consider how to use available courses to re-enforce the duties drivers are required to discharge under section 3 of DDA, and also to promote customer service standards. 25. In addition recognition has been made of a requirement of basic skills prior to undertaking any formal training. On-line tools are available to assess this requirement prior to undertaking formal training. VEHICLES Specification of Vehicle Types That May Be Licensed 26. The legislation gives local authorities a wide range of discretion over the types of vehicle that they can license as taxis or PHVs. Some authorities specify conditions that in practice can only be met by purpose-built vehicles but the majority license a range of vehicles. 27. Normally, the best practice is for local licensing authorities to adopt the principle of specifying as many different types of vehicle as possible. Indeed, local authorities might usefully set down a range of general criteria, leaving it open to the taxi and PHV trades to put forward vehicles of their own choice which can be shown to meet those criteria. In that way there can be flexibility for new vehicle types to be readily taken into account. 28. It is suggested that local licensing authorities should give very careful consideration to a policy which automatically rules out particular types of vehicle or prescribes only one type or a small number of types of vehicle. For example, the Department believes authorities should be particularly cautious about specifying only purpose-built taxis, with the strict constraint on supply that that implies. But of course the purpose-built vehicles are amongst those which a local authority could be expected to license. Similarly, it may be too restrictive to automatically rule out considering MultiPurpose Vehicles, or to license them for fewer passengers than their seating capacity (provided of course that the capacity of the vehicle is not more than eight passengers). 29. The owners and drivers of vehicles may want to make appropriate adaptations to their vehicles to help improve the personal security of the drivers. Licensing authorities should look favourably on such adaptations. Imported vehicles: type approval (see also “stretched limousines”, paras 38-40 below) 30. It may be that from time to time a local authority will be asked to license as a taxi or PHV a vehicle that has been imported independently (that is, by somebody other than the manufacturer). Such a vehicle might meet the local authority’s criteria for licensing, but the local authority may nonetheless be uncertain about the wider rules for foreign vehicles being used in the UK. Such vehicles will be subject to the ‘type approval’ rules. For passenger cars up to 10 years old at the time of first GB registration, this means meeting the technical standards of either: - a European Whole Vehicle Type approval; - a British National Type approval; or - a Individual Vehicle Approval. Most registration certificates issued since late 1998 should indicate the approval status of the vehicle. The technical standards applied (and the safety and environmental risks covered) under each of the above are proportionate to the number of vehicles entering service. Further information about these requirements and the procedures for licensing and registering imported vehicles can be seen at: http://www.dft.gov.uk/stellent/groups/dft_roads/ documents/page/dft_roads_506867.hcsp Vehicle Testing 31. There is considerable variation between local licensing authorities on vehicle testing, including the related question of age limits. The following can be regarded as best practice: • Frequency of Tests. The legal requirement is that all taxis should be subject to an MOT test or its equivalent once a year. For PHVs the requirement is for an annual test after the vehicle is three years old. An annual test for licensed vehicles of whatever age (that is, including vehicles that are less than three years old) seems appropriate in most cases, unless local conditions suggest that more frequent tests are necessary. However, more frequent tests may be appropriate for older vehicles (see ‘age limits’ below). Local licensing authorities may wish to note that a review carried out by the National Society for Cleaner Air in 2005 found that taxis were more likely than other vehicles to fail an emissions test. This finding, perhaps suggests that emissions testing should be carried out on ad hoc basis and more frequently than the full vehicle test. • Criteria for Tests. Similarly, for mechanical matters it seems appropriate to apply the same criteria as those for the MOT test to taxis and PHVs*. The MOT test on vehicles first used after 31 March 1987 includes checking of all seat belts. However, taxis and PHVs provide a service to the public, so it is also appropriate to set criteria for the internal condition of the vehicle, though these should not be unreasonably onerous. * A manual outlining the method of testing and reasons for failure of all MOT tested items can be obtained from the Stationary Office see www.tsoshop.co.uk/bookstore.asp?FO=1159966&Action=B ook&From=SearchResults&ProductID=0115525726 • Age Limits. It is perfectly possible for an older vehicle to be in good condition. So the setting of an age limit beyond which a local authority will not license vehicles may be arbitrary and inappropriate. But a greater frequency of testing may be appropriate for older vehicles - for example, twice-yearly tests for vehicles more than five years old. • Number of Testing Stations. There is sometimes criticism that local authorities provide only one testing centre for their area (which may be geographically extensive). So it is good practice for local authorities to consider having more than one testing station. There could be an advantage in contracting out the testing work, and to different garages. In that way the licensing authority can benefit from competition in costs. (The Vehicle Operators and Standards Agency – VOSA – may be able to assist where there are local difficulties in provision of testing stations.) 32. The Technical Officer Group of the Public Authority Transport Network has produced Best Practice Guidance which focuses on national inspection standards for taxis and PHVs. Local licensing authorities might find it helpful to refer to this guidance in carrying out their licensing responsibilities. The PATN can be accessed via the Freight Transport Association. Personal security 33. The personal security of taxi and PHV drivers and staff needs to be considered. The Crime and Disorder Act 1998 requires local authorities and others to consider crime and disorder reduction while exercising all of their duties. Crime and Disorder Reduction Partnerships are also required to invite public transport providers and operators to participate in the partnerships. Research has shown that anti-social behaviour and crime affects taxi and PHV drivers and control centre staff. It is therefore important that the personal security of these people is considered. 34. The owners and drivers of vehicles will often want to install security measures to protect the driver. Local licensing authorities may not want to insist on such measures, on the grounds that they are best left to the judgement of the owners and drivers themselves. But it is good practice for licensing authorities to look sympathetically on – or actively to encourage – their installation. They could include a screen between driver and passengers, or CCTV. Care however should be taken that security measures within the vehicle do not impede a disabled passenger’s ability to communicate with the driver. CONTINUED ON PAGE 14 12 Early Summer 2009 Private Hire News issue 46 CONTINUED FROM PAGE 12 BEST PRACTICE GUIDANCE There is extensive information on the use of CCTV, including as part of measures to reduce crime, on the Home Office website (e.g. www.crimereduction.homeoffice.gov.uk /cctv/ cctvminisite25.htm and http://scienceandresearch.homeoffice.gov.uk/hosdb/ cctvimaging-technology/CCTV-and-imaging-publications and on the Information Commission’s Office website (www.ico.gov.uk). CCTV can be both a deterrent to would-be trouble makers and be a source of evidence in the case of disputes between drivers and passengers and other incidents. The local trade might be encouraged to investigate sources of funding with the local Crime and Disorder Reduction Partnership. 35. Other security measures include guidance, talks by the local police and conflict avoidance training. The Department has recently issued guidance for taxi and PHV drivers to help them improve their personal security. These can be accessed on the Department’s website at: http://www.dft.gov.uk/pgr/crime/taxiphv/. In order to emphasise the reciprocal aspect of the taxi/PHV service, licensing authorities might consider drawing up signs or notices which set out not only what passengers can expect from drivers, but also what drivers can expect from passengers who use their service. Annex B contains two samples which are included for illustrative purposes but local authorities are encouraged to formulate their own, in the light of local conditions and circumstances. Licensing authorities may want to encourage the taxi and PHV trades to build good links with the local police force, including participation in any Crime and Disorder Reduction Partnerships. Vehicle Identification 36. Members of the public can often confuse PHVs with taxis, failing to realise that PHVs are not available for immediate hire and that a PHV driver cannot be hailed. So it is important to distinguish between the two types of vehicle. Possible approaches might be: • a licence condition that prohibits PHVs from displaying any identification at all apart from the local authority licence plate or disc. The licence plate is a helpful indicator of licensed status and, as such, it helps identification if licence plates are displayed on the front as well as the rear of vehicles. However, requiring some additional clearer form of identification can be seen as best practice. This is for two reasons: firstly, to ensure a more positive statement that the vehicle cannot be hired immediately through the driver; and secondly because it is quite reasonable, and in the interests of the travelling public, for a PHV operator to be able to state on the vehicle the contact details for hiring; • a licence condition which requires a sign on the vehicle in a specified form. This will often be a sign of a specified size and shape which identifies the operator (with a telephone number for bookings) and the local licensing authority, and which also has some words such as ‘pre-booked only’. This approach seems the best practice; it identifies the vehicle as private hire and helps to avoid confusion with a taxi, but also gives useful information to the public wishing to make a booking. It is good practice for vehicle identification for PHVs to include the contact details of the operator. • Another approach, possibly in conjunction with the previous option, is a requirement for a roof-mounted, permanently illuminated sign with words such as ‘pre-booked only’. But it can be argued that any roof-mounted sign, however unambiguous its words, is liable to create confusion with a taxi. So roof-mounted signs on PHVs are not seen as best practice. FREE member’s helpline Environmental Considerations 37. Local licensing authorities, in discussion with those responsible for environmental health issues, will wish to consider how far their vehicle licensing policies can and should support any local environmental policies that the local authority may have adopted. This will be of particular importance in designated Air Quality Management Areas (AQMAs)., Local authorities may, for example, wish to consider setting vehicle emissions standards for taxis and PHVs. However, local authorities would need to carefully and thoroughly assess the impact of introducing such a policy; for example, the effect on the supply of taxis and PHVs in the area would be an important consideration in deciding the standards, if any, to be set. They should also bear in mind the need to ensure that the benefits of any policies outweigh the costs (in whatever form). Stretched Limousines 38. Local licensing authorities are sometimes asked to license stretched limousines as PHVs. It is suggested that local authorities should approach such requests on the basis that these vehicles have a legitimate role to play in the private hire trade, meeting a public demand. Indeed, there is considerable advantage to having these vehicles within the licensing regime where possible; if they are refused a licence on the basis of a blanket policy, there is a strong possibility that the operator might be tempted to continue to provide a service outside the licensing system which generates problems in itself. The Department takes the view that licence applications involving use of these limousines should not be automatically rejected (for example just because the vehicles may be lefthand drive). The Department has now issued guidance on the licensing arrangements for stretched limousines. This can be accessed on the Department’s web-site at http://www.dft.gov.uk/pgr/regional/taxis/limousines. 39. Imported stretched limousines are normally checked for compliance with regulations under the Single Vehicle Approval (SVA) inspection regime (soon to become Individual Vehicle Approval), before they are registered. The SVA test verifies that the converted vehicle is built to certain safety and environmental standards. A licensing authority might wish to confirm that an imported vehicle was indeed tested by VOSA for SVA before being registered and licensed (taxed) by DVLA. This can be done either by checking the V5C (Registration Certificate) of the vehicle, which may refer to SVA under the “Special Note” section; or by writing to VOSA, Ellipse, Padley Road, Swansea, SA1 8AN, including details of the vehicle’s make and model, registration number and VIN number. 40. Stretched limousines which clearly have more than eight passenger seats should not of course be licensed as PHVs because they are outside the licensing regime for PHVs. However, under some circumstances the SVA regime accepts vehicles with space for more than eight passengers, particularly where the precise number of passenger seats is hard to determine. In these circumstances, if the vehicle has obtained an SVA certificate, the authority should consider the case on its merits in deciding whether to license the vehicle under the strict condition that the vehicle will not be used to carry more than eight passengers, bearing in mind that refusal may encourage illegal private hire operation. Authorities should check with local MOT testing stations to find out if the station has the facilities to test such vehicles. If there is difficulty in finding a suitable station, the local enforcement office may be able to advise (contact details on http://www.vosa.gov.uk/vosa/vosalocations/vosaenforeceme ntoffices.htm). CONTINUED ON PAGE 16 The LPHCA has financed a free helpline for members with Croner Consulting one of the biggest consultancy companies in the U.K. Full details of how the helpline works has now been sent to all members with a membership card. Any members who have not yet received a membership card, please contact us. 14 Early Summer 2009 Private Hire News issue 46 CONTINUED FROM PAGE 14 BEST PRACTICE GUIDANCE QUANTITY RESTRICTIONS OF TAXI LICENCES OUTSIDE LONDON 41. The present legal provision on quantity restrictions for taxis outside London is set out in section 16 of the Transport Act 1985. This provides that the grant of a taxi licence may be refused, for the purpose of limiting the number of licensed taxis ‘if, but only if, the [local licensing authority] is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet’. 42. Local licensing authorities will be aware that, in the event of a challenge to a decision to refuse a licence, the local authority concerned would have to establish that it had, reasonably, been satisfied that there was no significant unmet demand. 43. Most local licensing authorities do not impose quantity restrictions; the Department regards that as best practice. Where restrictions are imposed, the Department would urge that the matter should be regularly reconsidered. The Department further urges that the issue to be addressed first in each reconsideration is whether the restrictions should continue at all. It is suggested that the matter should be approached in terms of the interests of the travelling public – that is to say, the people who use taxi services. What benefits or disadvantages arise for them as a result of the continuation of controls; and what benefits or disadvantages would result for the public if the controls were removed? Is there evidence that removal of the controls would result in a deterioration in the amount or quality of taxi service provision? 44. In most cases where quantity restrictions are imposed, vehicle licence plates command a premium, often of tens of thousands of pounds. This indicates that there are people who want to enter the taxi market and provide a service to the public, but who are being prevented from doing so by the quantity restrictions. This seems very hard to justify. 45. If a local authority does nonetheless take the view that a quantity restriction can be justified in principle, there remains the question of the level at which it should be set, bearing in mind the need to demonstrate that there is no significant unmet demand. This issue is usually addressed by means of a survey; it will be necessary for the local licensing authority to carry out a survey sufficiently frequently to be able to respond to any challenge to the satisfaction of a court. An interval of three years is commonly regarded as the maximum reasonable period between surveys. 46. As to the conduct of the survey, the Department’s letter of 16 June 2004 set out a range of considerations. Key points are: • the length of time that would-be customers have to wait at ranks. However, this alone is an inadequate indicator of demand; also taken into account should be… • waiting times for street hailings and for telephone bookings. But waiting times at ranks or elsewhere do not in themselves satisfactorily resolve the question of unmet demand. It is also desirable to address… • latent demand, for example people who have responded to long waiting times by not even trying to travel by taxi. This can be assessed by surveys of people who do not use taxis, perhaps using stated preference survey techniques. • peaked demand. It is sometimes argued that delays associated only with peaks in demand (such as morning and evening rush hours, or pub closing times) are not ‘significant’ for the purpose of the Transport Act 1985. The Department does not share that view. Since the peaks in demand are by definition the most popular times for consumers to use taxis, it can be strongly argued that unmet demand at these times should not be ignored. Local authorities might wish to consider when the peaks occur and who is being disadvantaged through restrictions on provision of taxi services. • consultation. As well as statistical surveys, assessment of quantity restrictions should include consultation with all those concerned, including user groups (which should include groups representing people with disabilities, and people such as students or women), the police, hoteliers, operators of pubs and clubs and visitor attractions, and providers of other transport modes (such as train operators, who want taxis available to take passengers to and from stations); • publication. All the evidence gathered in a survey should be published, together with an explanation of what conclusions have been drawn from it and why. If quantity restrictions are to be continued, their benefits to consumers and the reason for the particular level at which the number is set should be set out. • financing of surveys. It is not good practice for surveys to be paid for by the local taxi trade (except through general revenues from licence fees). To do so can call in question the impartiality and objectivity of the survey process. 47. Quite apart from the requirement of the 1985 Act, the Department’s letter of 16 June 2004 asked all local licensing authorities that operate quantity restrictions to review their policy and justify it publicly by 31 March 2005 and at least every three years thereafter. The Department also expects the justification for any policy of quantity restrictions to be included in the five-yearly Local Transport Plan process. A recommended list of questions for local authorities to address when considering quantity controls was attached to the Department’s letter. (The questions are listed in Annex A to this Guidance.) TAXI FARES 48. Local licensing authorities have the power to set taxi fares for journeys within their area, and most do so. (There is no power to set PHV fares.) Fare scales should be designed with a view to practicality. The Department sees it as good practice to review the fare scales at regular intervals, including any graduation of the fare scale by time of day or day of the week. Authorities may wish to consider adopting a simple formula for deciding on fare revisions as this will increase understanding and improve the transparency of the process. The Department also suggests that in reviewing fares authorities should pay particular regard to the needs of the travelling public, with reference both to what it is reasonable to expect people to pay but also to the need to give taxi drivers sufficient incentive to provide a service when it is needed. There may well be a case for higher fares at times of higher demand. 49. Taxi fares are a maximum, and in principle are open to downward negotiation between passenger and driver. It is not good practice to encourage such negotiations at ranks, or for on-street hailings; there would be risks of confusion and security problems. But local licensing authorities can usefully make it clear that published fares are a maximum, especially in the context of telephone bookings, where the customer benefits from competition. There is more likely to be a choice of taxi operators for telephone bookings, and there is scope for differentiation of services to the customer’s advantage (for example, lower fares off-peak or for pensioners). 50. There is a case for allowing any taxi operators who wish to do so to make it clear – perhaps by advertising on the vehicle – that they charge less than the maximum fare; publicity such as ‘5% below the metered fare’ might be an example. CONTINUED ON PAGE 18 16 Early Summer 2009 Private Hire News issue 46 CONTINUED FROM PAGE 16 BEST PRACTICE GUIDANCE DRIVERS Duration of Licences 51. It is obviously important for safety reasons that drivers should be licensed. But it is not necessarily good practice to require licences to be renewed annually. That can impose an undue burden on drivers and licensing authorities alike. Three years is the legal maximum period and is in general the best approach. One argument against 3-year licences has been that a criminal offence may be committed, and not notified, during the duration of the licence. But this can of course also be the case during the duration of a shorter licence. In relation to this, authorities will wish to note that the Home Office in April 2006 issued revised guidance for police forces on the Notifiable Occupations Scheme. Paragraphs 58-61 below provide further information about this scheme. 52. However, an annual licence may be preferred by some drivers. That may be because they have plans to move to a different job or a different area, or because they cannot easily pay the fee for a three-year licence, if it is larger than the fee for an annual one. So it can be good practice to offer drivers the choice of an annual licence or a three-year licence. Acceptance of driving licences from other EU member states 53. Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 as enacted stated that an applicant for a taxi or private hire vehicle (PHV) driver’s licence must have held a full ordinary GB driving licence for at least 12 months in order to be granted a taxi or PHV driver’s licence. This requirement has subsequently been amended since the 1976 Act was passed. The Driving Licences (Community Driving Licence) Regulations 1996 (SI 1996 No 1974) amended sections 51 and 59 of the 1976 Act to allow full driving licences issued by EEA states to count towards the qualification requirements for the grant of taxi and PHV driver’s licences. Since that time, a number of central and eastern European states have joined the EU and the EEA and the Department take the view that drivers from the Accession States are eligible to acquire a taxi or PHV driver’s licence under the 1976 Act if they have held an ordinary driving licence for 12 months which was issued by an acceding State (see section 99A(i) of the Road Traffic Act 1988). To complete the picture, the Deregulation (Taxis and Private Hire Vehicles) Order 1998 (SI 1998 No 1946) gave equal recognition to Northern Ireland driving licences for the purposes of taxi and PHV driver licensing under the 1976 Act (see section 109(i) of the Road Traffic Act 1988, as amended). Criminal Record Checks 54. A criminal record check is an important safety measure particularly for those working closely with children and the vulnerable. Taxi and PHV drivers can be subject to either a Standard or an Enhanced Disclosure through the Criminal Records Bureau; both levels of Disclosure include details of spent and unspent convictions, cautions reprimands and final warnings. An Enhanced Disclosure may also include any other information held in police records that is considered relevant by the police. This may include, for example, details of minor offences, non-conviction information on the Police National Computer such as Fixed Penalty Notices and, in some cases, allegations. An Enhanced Disclosure is only available to those working in the most sensitive areas. 55. In considering an individual’s criminal record, local licensing authorities will want to consider each case on its merits, but they will doubtless take a particularly cautious view of any offences involving violence, and especially sexual attack. In 18 Early Summer 2009 Private Hire News issue 46 order to achieve consistency, and thus avoid the risk of successful legal challenge, local authorities will doubtless want to have a clear policy for the consideration of criminal records, for example the number of years they will require to have elapsed since the commission of particular kinds of offences before they will grant a licence. 56. Local licensing authorities will also want to have a policy on background checks for applicants from elsewhere in the EU and other overseas countries. One approach is to require a certificate of good conduct authenticated by the relevant embassy. The Criminal Records Bureau website www.crb.gov.uk gives information about obtaining certificates of good conduct, or similar documents, from a number of countries. More generally, the Home Office’s Employers’ Helpline (0845 010 6677) can be used by licensing staff to obtain general guidance on immigration documentation, although this Helpline is not able to advise on individual cases. The authority can obtain case specific immigration status information, including whether a licensing applicant is permitted to work or details of work restrictions, from the Evidence and Enquiry Unit, Floor 12, Lunar House, Wellesley Road, Croydon CR9 2BY . Further details on the procedures involved can be obtained by contacting the Unit (020 8196 3011). 57. It would seem best practice for Criminal Records Bureau disclosures to be sought when a licence is first applied for and then every three years, even if a licence is renewed annually, provided drivers are obliged to report all new convictions and cautions to the licensing authority. A new scheme for vetting persons working regularly with children or vulnerable adults in certain settings – called “regulated activity” – and barring those considered unsuitable, is being introduced by the Government. Vetting will be carried out by the Independent Safeguarding Authority and will be compulsory for those providing regulated activity. This is likely to affect some taxi and PHV drivers who, for example, regularly fulfil local authority contracts to transport children to school. Full details of the scheme will be provided as implementation proceeds. Notifiable Occupations Scheme 58. Under this Scheme, when an individual comes to the notice of the police and identifies their occupation as a taxi or PHV driver, the police are requested to notify the appropriate local licensing authority of convictions and any other relevant information that indicates that a person poses a risk to public safety. Most notifications will be made once an individual is convicted however, if there is a sufficient risk, the police will notify the authority immediately. 59. In the absence of a national licensing body for taxi and PHV drivers, notifications are made to the local licensing authority identified on the licence or following interview. However, it is expected that all licensing authorities work together should they ascertain that an individual is operating under a different authority or with a fraudulent licence. 60. The police may occasionally notify licensing authorities of offences committed abroad by an individual however it may not be possible to provide full information. 61. The Notifiable Occupations Scheme is described in Home Office Circular 6/2006 which is available at http://www.knowledgenetwork.gov.uk/HO/ circular.nsf. Further information can also be obtained from the Criminal Records Team, Policing Powers and Safeguarding Section, Policing Powers and Protection Unit, Fourth Floor, Peel Building, 2 Marsham Street, London SW1P 4DF; e-mail [email protected]). CONTINUED ON PAGE 20 CONTINUED FROM PAGE 18 BEST PRACTICE GUIDANCE Immigration checks Driving Proficiency 62. The Department considers it appropriate for licensing authorities to check on an applicant’s right to work before granting a taxi or PHV driver’s licence. It is important to note that a Criminal Records Bureau check is not a Right to Work check and any enquires about the immigration status of an individual should be addressed to the Border and Immigration Agency. Further information can be found at www.bia.homeoffice.gov.uk/employingmigrants. More generally, the Border and Immigration Agency’s Employers’ Helpline (0845 010 6677) can be used by licensing staff to obtain general guidance on immigration documentation, although this Helpline is not able to advise on individual cases. The authority can obtain case specific immigration status information, including whether a licensing applicant is permitted to work or details of work restrictions, from the Evidence and Enquiry Unit, Floor 12, Lunar House, Wellesley Road, Croydon CR9 2BY. Further details on procedures involved can be obtained by contacting the Unit (020 8196 3011). 68. Many local authorities rely on the standard car driving licence as evidence of driving proficiency. Others require some further driving test to be taken. Local authorities will want to consider carefully whether this produces benefits which are commensurate with the costs involved for would-be drivers, the costs being in terms of both money and broader obstacles to entry to the trade. However, they will note that the Driving Standards Agency provides a driving assessment specifically designed for taxis. Medical fitness 63. It is clearly good practice for medical checks to be made on each driver before the initial grant of a licence and thereafter for each renewal. There is general recognition that it is appropriate for taxi/PHV drivers to have more stringent medical standards than those applicable to normal car drivers because: • they carry members of the general public who have expectations of a safe journey; • they are on the road for longer hours than most car drivers; and • they may have to assist disabled passengers and handle luggage. 64. Given this recognition of the need for a higher standard of medical checks for taxi drivers than for other car drivers, the Department’s view is that it is appropriate to use the Group 2 medical standards, which the DVLA apply to applicants for licences to drive buses and lorries, as a benchmark. The Department’s advice is that the exceptional arrangements which apply to the C1 category are not appropriate for taxi/PHV drivers. The latest edition of the DVLA At a Glance Guide sets out the current medical standards for fitness to drive: www.dvla.gov.uk/medical/ataglance.aspx (Note consultation questions seek specific comments about this issue). 65. In implementing this standard, authorities should take into account that assessment of the Group 2 standard is a complex process requiring specialist skills. Against that background, it is important for a local authority with a policy of assessing applicants for Group 2 medical standards to use the services of a medical practitioner who is trained, or experienced, in the application of this standard. This will provide assurance to the authority, and licence applicants, that all assessments are being made on a consistent basis by a practitioner who is familiar with the requirements of Group 2, including any surveillance requirements. 66. Given that it is likely that in most cases local authorities will, for other purposes, have to call on the services of a qualified medical practitioner this advice should not represent a significant new cost to authorities. Furthermore, practitioners used by the authority can be encouraged to widen the scope of their expertise by assigning a small proportion of their annual mandatory training hours to undertake a training course which would enable them to undertake assessments for taxi/PHV driver licence applicants on behalf of the local authority. Age Limits 67. It does not seem necessary to set a maximum age limit for drivers provided that regular medical checks are made. Nor do minimum age limits, beyond the statutory periods for holding a full driver licence, seem appropriate. Applicants should be assessed on their merits. Language proficiency 69. Authorities may also wish to consider whether an applicant would have any problems in communicating with customers because of language difficulties. Other training 70. There may well be advantage in encouraging drivers to obtain one of the nationally-recognised vocational qualifications for the taxi and PHV trades. These will cover customer care, including how best to meet the needs of people with disabilities. More information about these qualifications can be obtained from GoSkills, the Sector Skills Council for Passenger Transport. GoSkills is working on a project funded by the Department to raise standards in the industry and GoSkills can guide and support licensing authorities through its regional network of Business Advisers. Some licensing authorities have already established training initiatives and others are being developed; it is seen as important to do this in consultation with the local taxi and PHV trades. Training can cover customer care, including how best to meet the needs of people with disabilities and other sections of the community, and also topics such as the relevant legislation, road safety, the use of maps and GPS, the handling of emergencies, and how to defuse difficult situations and manage conflict. Training may also be considered for applicants to enable them to reach an appropriate standard of comprehension, literacy and numeracy. Authorities may wish to note that nationally recognised qualifications and training programmes sometimes have advantages over purely local arrangements (for example, in that the qualification will be more widely recognised). Contact details are: GoSkills, Concorde House, Trinity Park, Solihull, Birmingham, B37 7UQ. Tel: 0121-635-5520 Fax: 0121-635-5521 Website: www.goskills.org e-mail: [email protected] Topographical Knowledge 71. Taxi drivers need a good working knowledge of the area for which they are licensed, because taxis can be hired immediately, directly with the driver, at ranks or on the street. So most licensing authorities require would-be taxi-drivers to pass a test of local topographical knowledge as a pre-requisite to the first grant of a licence (though the stringency of the test should reflect the complexity or otherwise of the local geography, in accordance with the principle of ensuring that barriers to entry are not unnecessarily high). 72. However, PHVs are not legally available for immediate hiring in the same way as taxis. To hire a PHV the would-be passenger has to go through an operator, so the driver will have an opportunity to check the details of a route before starting a journey. So it may be unnecessarily burdensome to require a would-be PHV driver to pass the same ‘knowledge’ test as a taxi driver, though it may be thought appropriate to test candidates’ ability to read a map and their knowledge of key places such as main roads and railway stations. The Department is aware of circumstances where, as a result of the repeal of the PHV contract exemption, some people who drive children on school contracts are being deterred from continuing to do so on account of overly burdensome topographical tests. Local authorities should bear this in mind when assessing applicants’ suitability for PHV licences. CONTINUED ON PAGE 18 20 Early Summer 2009 Private Hire News issue 46 CONTINUED FROM PAGE 40 BEST PRACTICE GUIDANCE PHV OPERATORS ENFORCEMENT 73. The objective in licensing PHV operators is, again, the safety of the public, who will be using operators’ premises and vehicles and drivers arranged through them. 80. Well-directed enforcement activity by the local licensing authority benefits not only the public but also the responsible people in the taxi and PHV trades. The resources devoted by licensing authorities to enforcement will vary according to local circumstances, including for example any difficulties with touting by unlicensed drivers and vehicles (a problem in some urban areas). Local authorities will also wish to liaise closely with the police. Criminal Record Checks 74. PHV operators (as opposed to PHV drivers) are not exceptions to the Rehabilitation of Offenders Act 1974, so Standard or Enhanced disclosures cannot be required as a condition of grant of an operator’s licence. But a Basic Disclosure, which will provide details of unspent convictions only, could be seen as appropriate, after such a system has been introduced by the Criminal Records Bureau. No firm date for introduction has yet been set; however, a feasibility study has been completed; the Criminal Records Bureau is undertaking further work in this regard. Overseas applicants may be required to provide a certificate of good conduct from the relevant embassy if they have not been long in this country. Local licensing authorities may want to require a reference, covering for example the applicant’s financial record, as well as the checks outlined above. Record Keeping 75. It is good practice to require operators to keep records of each booking, including the name of the passenger, the destination, the name of the driver, the number of the vehicle and any fare quoted at the time of booking. This information will enable the passenger to be traced if this becomes necessary and should improve driver security and facilitate enforcement. It is suggested that 6 months is generally appropriate as the length of time that records should be kept. Insurance 76. It is appropriate for a licensing authority to check that appropriate public liability insurance has been taken out for premises that are open to the public. Licence Duration 77. A requirement for annual licence renewal does not seem necessary or appropriate for PHV operators, whose involvement with the public is less direct than a driver (who will be alone with passengers). Indeed, a licence period of five years may well be appropriate in the average case. Although the authority may wish to offer operators the option of a licence for a shorter period if requested. Repeal of the PHV contract exemption 78. Section 53 of the Road Safety Act 2006 repealed the exemption from PHV licensing for vehicles which were used on contracts lasting not less than seven days. The change came into effect in January 2008. As a result of this change, local licensing authorities are considering a range of vehicles and services in the context of PHV licensing which they had not previously licensed because of the contract exemption. 79. The Department produced a guidance note in November 2007 to assist local licensing authorities, and other stakeholders, in deciding which vehicles should be licensed in the PHV regime and which vehicles fell outside the PHV definition. The note stressed that it was a matter for local licensing authorities to make decisions in the first instance and that, ultimately, the courts were responsible for interpreting the law. However, the guidance was published as a way of assisting people who needed to consider these issues. A copy of the guidance note can be found on the Department’s web-site: http://www.dft.gov.uk/pgr/regional/ taxis/rsa06privatehirevehicles 81. Local licensing authorities often use enforcement staff to check a range of licensed activities (such as market traders) as well as the taxi and PHV trades, to make the best use of staff time. But it is desirable to ensure that taxi and PHV enforcement effort is at least partly directed to the latenight period, when problems such as touting tend most often to arise. In formulating policies to deal with taxi touts, local licensing authorities might wish to be aware that the Sentencing Guidelines Council have, for the first time, included guidance about taxi touting in their latest Guidelines for Magistrates. The Guidelines, which came into effect in August 2008, can be accessed through the SGC’s web-site: www.sentencing-guidelines.gov.uk. 82. Some local licensing authorities employ taxi marshals in busy city centres where there are lots of hirings, again perhaps late at night, to help taxi drivers picking up, and would-be passengers queuing for taxis. 83. As part of enforcement, local licensing authorities will often make spot checks, which can lead to their suspending or revoking licences. They will wish to consider carefully which power should best be used for this purpose. They will note, among other things, that section 60 of the Local Government (Miscellaneous Provisions) Act 1976 provides a right of appeal for the licence-holder, whereas section 68, which is also sometimes used, does not; this can complicate any challenge by the licence-holder. 84. Section 52 of the Road Safety Act 2006 amended the Local Government (Miscellaneous Provisions) Act 1976 such that local authorities can now suspend or revoke a taxi or PHV driver’s licence with immediate effect on safety grounds. It should be stressed that this power can only be used where safety is the principal reason for suspending or revoking and where the risk justifies such an approach. It is expected that in the majority of cases drivers will continue to work pending appeal and that this power will be used in one-off cases. But the key point is that the law says that the power must be used in cases which can be justified in terms of safety. TAXI ZONES 85. The areas of some local licensing authorities are divided into two or more zones for taxi licensing purposes. Drivers may be licensed to ply for hire in one zone only. Zones may exist for historical reasons, perhaps because of local authority boundary changes. 86. The Department recommends the abolition of zones. That is chiefly for the benefit of the travelling public. Zoning tends to diminish the supply of taxis and the scope for customer choice - for example, if fifty taxis were licensed overall by a local authority, but with only twenty five of them entitled to ply for hire in each of two zones. It can be confusing and frustrating for people wishing to hire a taxi to find that a vehicle licensed by the relevant local authority is nonetheless unable to pick them up (unless pre-booked) because they are in the wrong part of the local authority area. Abolition of zones can also reduce costs for the local authority, for example through simpler administration and enforcement. It can also promote fuel efficiency, because taxis can pick up a passenger anywhere in the local authority area, rather than having to return empty to their licensed zone after dropping a passenger in another zone. CONTINUED ON PAGE 18 22 Early Summer 2009 Private Hire News issue 46 CONTINUED FROM PAGE 40 BEST PRACTICE GUIDANCE 87. It should be noted that the Government has now made a Legislative Reform Order which removed the need for the Secretary of State to approve amalgamation resolutions made by local licensing authorities The Legislative Reform (Local Authority Consent Requirements)(England and Wales) Order 2008 came into force in October 2008. Although these resolutions no longer require the approval of the Secretary of State, the statutory procedure for making them – in paragraph 25 of schedule 14 to the Local Government Act 1972 – remains the same. FLEXIBLE TRANSPORT SERVICES 88. It is possible for taxis and PHVs to provide flexible transport services in a number of different ways. Such services can play a valuable role in meeting a range of transport needs, especially in rural areas – though potentially in many other places as well. In recent years there has been a significant increase in the provision of flexible services, due partly to the availability of Rural Bus Subsidy Grant and Rural Bus Challenge Support from the Department. 89. The Department encourages local licensing authorities, as a matter of best practice, to play their part in promoting flexible services, so as to increase the availability of transport to the travelling public. This can be done partly by drawing the possibilities to the attention of taxi and PHV trade. It also should be borne in mind that vehicles with a higher seating capacity than the vehicles typically licensed as taxis (for example those with 6, 7 or 8 passenger seats) may be used for flexible services and should be considered for licensing in this context. 90. The main legal provisions under which flexible services can be operated are: • Shared taxis and PHVs – advance bookings (section 11, Transport Act 1985): licensed taxis and PHVs can provide a service at separate fares for up to eight passengers sharing the vehicle. The operator takes the initiative to match up passengers who book in advance and agree to share the vehicle at separate fares (lower than for a single hiring). An example could be passengers being picked up at home to go to a shopping centre, or returning from the shops to their homes. The operator benefits through increased passenger loadings and total revenues. • Shared taxis – immediate hirings (section 10, Transport Act 1985): such a scheme is at the initiative of the local licensing authority, which can set up schemes whereby licensed taxis (not PHVs) can be hired at separate fares by up to eight people from ranks or other places that have been designated by the authority. (The authority is required to set up such a scheme if holders of 10% or more of the taxi licences in the area ask for one.) The passengers pay only part of the metered fare, for example in going home after a trip to the local town, and without pre-booking, but the driver receives more than the metered fare. • Taxibuses (section 12, Transport Act 1985): owners of licensed taxis can apply to the Traffic Commissioner for a ‘restricted public service vehicle (PSV) operator licence’. The taxi owner can then use the vehicle to run a bus service for up to eight passengers. The route must be registered with the Traffic Commissioner and must have at least one stopping place in the area of the local authority that licensed the taxi, though it can go beyond it. The bus service will be eligible for Bus Service Operators Grant (subject to certain conditions) and taxibuses can be used for local authority subsidised bus services. The travelling public have another transport opportunity opened for them, and taxi owners have another business opportunity. The Local Transport Act 2008 contains a provision which will allow the owners of PHVs to acquire a special PSV operator licence and register a route with the traffic commissioner. It is expected that this provision will be commenced in the Spring of 2009. Separate guidance will be provided. 91. The Department is very keen to encourage the use of these types of services. More details can be found in the Department’s publication ‘Flexible Transport Services’ which can be accessed at: www.dft.gov.uk/stellent/groups/dft_localtrans/ documents/page/dft_localtrans_504004.hcsp. LOCAL TRANSPORT PLANS 92. The Transport Act 2000 requires most local transport authorities in England (not London) to produce and maintain a Local Transport Plan (LTP), having regard to any guidance issued by the Secretary of State. The latest guidance published in December 2004 asked for a provisional LTP by 29 July 2005 and a final one by 31 March 2006. LTPs set out the authority’s local transport strategies and policies, and an implementation programme over a five year period. 82 LTPs covering all of England outside London have been produced and cover the period up to 2011. 93. All modes of transport including taxi and PHV services have a valuable part to play in overall transport provision, and so local licensing authorities have an input to delivering the LTPs. The key policy themes for such services could be availability and accessibility. LTPs can cover: • quantity controls, if any, and plans for their review; • licensing conditions, with a view to safety but also to good supply of taxi and PHV services; • fares; • on-street availability, especially through provision of taxi ranks; • vehicle accessibility for people with disabilities; • encouragement of flexible services. Annexes for this consultation and a series of Questions and how to respond can be found at www.dft.gov.uk/consultations/open/hirevehiclelicensing/ LPHCA... The article in the Daily Mirror regarding Lancaster Private Hire is not reflective of what we have seen first hand at the Company. For this and other reasons we are fully supporting our Platinum Member via our Member’s ‘Free Legal Helpline’ with Croner Consulting and doing as much as we can as their Trade Association. The Press Complaints Commission are involved and now investigating this article and the facts. Hopefully they will quickly draw their own conclusions about what has been said within the article in the Daily Mirror and a retraction will be forthcoming. 24 Early Summer 2009 Private Hire News issue 46 Private Hire in BUS LANES... logo design Here are some of the logos for the Private Hire in Bus lanes Campaign. Please email, your choice to [email protected] by putting in Logo (and then the number in the Subject Line. 1 PRIVATE HIRE BUS LANES 2 3 PRIVATE HIRE board BUS LANES P PRIVATE HIRE H BOARD B BUS LANES 4 P 26 PRIVATE HIRE BOARD BUS LANES H B Early Summer 2009 Private Hire News issue 46 5 P PRIVATE HIRE H in BUS B LANES THE GRADED COMPANIES LISTING EARLY SUMMER 2009 Networked company Executive and Chauffeur service ISO ISO/9000/14000 Platinum member Chauffeur only Executive service provided IIP Investors in People Specialist vehicles Company Tel 24 Hr Central Car Hire Limited 020 8301 5553 Welling/Barnehurst/Crayford 24 Seven (wheelgetyouthere) 020 8568 3366 West Middlesex 500 Cars 0118 959 9999 Bucks/Beds/South Oxon AAA Cars Ltd 01403 242424 Horsham A&A Prestige Chauffeurs Ltd 0845 677 2223 City of London A & B Taxis 01268 555555 Basildon/London Airports 020 8542 2222 Merton A1 Network Minicabs 01708 741111 Havering/Redbridge Aaryan Chauffeurs Ltd 020 8707 0069 Brentford/Middlesex Abba Dart Ltd 020 8300 1982 South East London/NW Kent Abbey Car Hire (UK) Ltd 020 8969 2777 London Abbey Car Hire (UK) Ltd 020 7733 3333 Dulwich/Brixton/Clapham ACS Chauffeur Services 020 8744 8001 London & Home Counties ACX Express 020 8290 0123 Nationally Ace Cars London Ltd 020 8980 6666 East & Central London Advance Cars 020 8509 9999 London+E+IG8 postcodes A I Cars (Deal) 01304 375418 Airport Only 020 8900 2299 Wembley/London airports Alphabet Cars Ltd 020 8503 5555 East London/Essex Ambassador Executive Chauffeur Services 01252 377733 Farnborough/Hampshire Amber Car Services Ltd 020 8316 1000 London, SE2,SE7,SE18,SE28 Arrow Taxis Limited 01233 620645 Ashford/Kent AZA Car Service Ltd 020 8570 0909 Hounslow/Heathrow Best Car Service Limited 01322 333444 Erith/South East London/Kent Black & White International (Europe) Ltd 020 8891 4434 Twickenham Bromley South Cars 020 8464 4441 Bromley/South East London Browns Chauffeur Hire (bmyride) Ltd 020 8589 9993 National/International 020 7068 5292 London/Internationally 020 7536 2181 London/Internationally Cannon Cars Limited 020 8777 8888 Bromley/Wickham/Beckenham Capital Cars (Garatt Lane) 020 8879 4000 South London/London/North Kent Carey England Ltd 020 8326 7300 Internationally Carline 01895 270270 Uxbridge/West London Carlton Motors Limited 020 8303 8000 Welling Centaur Overland Travel Ltd 020 8300 3001 Sidcup/Bexley/Welling Central London Private Hire 0870 4430220 Central London/Heathrow Chase Cars and Couriers 020 8364 1814 Bush Hill Park/Enfield Chauffeurforce 020 7510 1000 London/Worldwide 020 7278 6664 City of London 01293 567700 Crawley/Home counties A & H Car Services Brunel Carriage plc Cabot Global Solutions Cheapside Carriage Company Checker Cars (Gatwick) Limited Grading Quality Op. lic. area Deal/Dover ISO ISO ISO ISO ISO ISO Early Summer 2009 Private Hire News issue 46 27 EARLY SUMMER 2009 THE GRADED COMPANIES LISTING Networked company Executive and Chauffeur service ISO ISO 9000/14001 Platinum member Chauffeur only Executive service provided IIP Investors in People Specialist vehicles Company Tel Grading Op. lic. area Checker Cars Ltd (Feltham) 020 8890 3333 Heathrow/Home Counties Checker Cars Ltd (Pinner) 020 8866 1866 Pinner/Home Counties 01895 434903 London/Heathrow Chem Chauffeur Ltd Chequers Transport Ltd 020 8205 6789 Commercial Cars and Couriers 020 7790 1144 City/Docklands/East London Community Mini Cab Services Ltd 020 8803 1166 North London Conquest Executive Car Services 0800 7312764 Creative Cars & Couriers 020 7612 4040 London Cresta Cars Ltd 0161 205 5000 Manchester Crystals Coaches Ltd 020 8960 8800 West London Cyclone Courier Company Ltd 0845 456 1888 Central London ISO Data Cars (Despatch) Limited 020 8850 0000 South East London/NW Kent ISO Dataswift South East Ltd 020 8291 1111 Lewisham/South London ISO DeBeauvior Cars 020 7241 2001 Hackney/Islington Destination Courier Services Ltd 020 7749 3440 East/Central London Downtown Cars Service Ltd 020 7237 2626 South East London Eaglestars Ltd 020 8200 4888 Wembley & North West London Elite Star Chauffeurs Ltd 020 8568 0007 West London/Nationally Embassy Cars Ltd 020 8568 5555 West London Executive Chauffeur Cars Ltd 0845 003 8256 Ealing/Home Counties Excel Executive Ltd 020 7536 7181 East London/Home Counties 020 8469 0104 Deptford/Lewisham/Greenwich 020 8883 7441 Muswell Hill Fairway & Kenwood Car Service Ltd 020 7435 0400 North/NW/Central London First Class Cars Ltd 01582 459090 Luton/Internationally Fleet 020 8952 3333 Edgware/Middx/North London 020 7537 4777 London/Internationally 020 8986 6161 London Boroughs Gatehouse Cars Ltd 020 8986 7000 Hackney/Central London Gerrard Chauffeur Drive Ltd 020 8944 5252 London/Internationally ISO Greater London Hire Ltd 020 8883 5000 Greater London ISO Greyhound Cars 020 8677 1212 South London Group Taxibus Ltd 01245 350350 Essex Grove Cars 020 8749 9991 Shepherds Bush/Hammersmith Hadley Executive Chauffeurs 01923 894700 Luton/Internationally Hallmark Executive Travel Services Ltd 01582 722600 Luton/Nationwide Handicars 020 8318 4333 Greater London Hornchurch Mini Cabs 01708 700000 Havering Hoxton Car Services 020 7729 2929 City/North & East London Islington Cars 020 7700 2222 Islington/Camden Excel2Go ExpressWays Limited Flightlink International Ltd Fox Transport 28 Early Summer 2009 Private Hire News issue 46 Applied Quality NW/Central London Worcester Park ISO ISO ISO THE GRADED COMPANIES LISTING EARLY SUMMER 2009 Networked company Executive and Chauffeur service ISO ISO/9000/14000 Platinum member Chauffeur only Executive service provided IIP Investors in People Specialist vehicles Company Jimac Radio Cars Limited Tel Grading Op. lic. area 020 8985 5151 City/East/North London 0845 051 0111 London/Home Counties Kelly Kar Hire 020 7277 7000 South East/Central London Kendall Cars 020 8681 3535 Croydon/Nationally Kensway Tours 01474 855551 Swanley/West Kingsdown Kilo Cars Limited 01708 444444 Havering 020 7262 7282 W/N/NW/Central London Lewis Day Transport plc 020 7014 1010 Central London/Nationwide LHR Express Cars Ltd 01895 444333 Heathrow/West London/Bucks Liberty Cars 020 8904 0904 Wembley/North West London Lightning Cars and Couriers 01689 876611 Bromley/South West London Lima Cars Limited 020 8786 7666 KT Postcodes London Car Service Ltd 020 8455 6777 London/Home Counties London Executive Group 020 7450 0090 National/Internationally London Private Hire 020 7708 2020 South East London London Traffic Cars 2000 Ltd 020 7371 5000 South West London Mach 1 020 7400 9122 Central/Greater London Manor Wheels 020 8810 9993 West London/Ealing/Greenford Marshopper Ltd 01797 364772 South Kent & East Sussex 0207 107 0700 West London Mayday Cars 020 8859 7666 Eltham Mayflower Travel 01708 721100 Havering Maxwell Car Services Ltd 020 8748 3000 KCS (Surrey) Ltd Lancaster Private Hire Matrix Moves Ltd Meadway Radio Cars Ltd Applied Mercury Cars Ltd 020 7727 3535 West London Mogul Radio Cars 020 8541 4444 Surbiton/Kingston Mole Valley Premier Taxis 01372 379379 Leatherhead/Mole Valley Monarch Radio Cars Limited 020 8995 4000 London Multi Media Transport Limited 020 8560 2111 London/South East England 020 7587 1600 London & Home Counties Network Cars Tottenham Ltd 020 8880 3144 Tottenham Network Cars Limited 020 7231 1122 Greater London Area Newham Cars Limited 020 8552 0016 London/East Oakwood Car Services Ltd 020 8882 5216 N14/Cockfosters/Enfield Olimpicars 020 7731 3000 London/Home Counties Olympic (South) Limited 020 8542 0111 South West London Park Lane Cars Ltd 020 7723 6111 West/Central London 020 8979 7777 Hampton/Richmond/Heathrow 020 7724 0000 Kensington/Central London Plaza Executive Cars Ltd ISO London London/Home Counties Parker Car Service ISO ISO 020 8458 5555 Murray Chauffeur Services ISO ISO Early Summer 2009 Private Hire News issue 46 29 EARLY SUMMER 2009 THE GRADED COMPANIES LISTING Networked company Executive and Chauffeur service ISO ISO/9000/14000 Platinum member Chauffeur only Executive service provided IIP Investors in People Specialist vehicles Company Tel Grading Op. lic. area ISO Premier Despatch Ltd 020 7620 3388 London/Nationally Prestige Car Hire Limited 020 7493 4065 London 020 7424 9559 Central London R I M Transport Company & ACD Car Hire 020 7385 4121 Nationally Regal Cars 01737 360006 Surrey Road Runners 020 8680 3333 Croydon/Thorton Heath Romford Mini Cabs Ltd 01708 707070 Havering Ronia Minicabs Limited 01784 464510 Staines/Ashford/Heathrow Ruskin Private Hire 020 7252 6121 London/Home Counties 020 7549 2272 Central London/N Greenwich Sam’s Cars Ltd 020 7254 4545 Hackney/Islington/City Select Private Hire Ltd 0121 693 9595 West Midlands Simply Courteous Limited 01689 851544 London Simpsons 020 7739 7444 Central London/Nationally 020 8692 6555 South London Station Cars 020 8660 6000 Croydon/South London Streamline (Maidstone) Ltd 01622 750000 Kent & Adjoining Counties ISO Streamline (Tunbridge Wells) Limited 01892 511911 Royal Tunbridge Wells ISO Sure Cars Limited 020 8697 1235 Lewisham Swan Chauffeur Car Ltd 020 8570 7474 Surrey Chauffeur UK Ltd 01932 352828 Surrey/South West London Swift Private Hire 020 8671 5000 South West London Swiftcars 020 7328 6161 Kilburn/West Hampstead Swiss Cottage Radio Cars 020 7431 2700 Greater London 01752 222222 Plymouth/South West England 020 8818 0102 W London/M3 & M4 Corridors The 6&7 Travel Company Heathrow Ltd 020 8759 1522 Heathrow The Private Chauffeur Company 020 8302 7622 London and Home Counties Titan Aviation Ltd 01293 450809 Gatwick/Heathrow/Redditch 020 8963 3100 London/Worlwide 020 8560 0008 Heathrow/West London 01895 432001 London/Internationally Q Despatch (West) Ltd Safetrip Speedicars Taxifast The Chauffeur Group Ltd Trident Niven Limited Travelhire Tristar Worldwide Chauffeur Services Commended 0870 808007 Wallington Cars & Couriers Limited 020 8401 0203 Wallington/Sutton West One Cars 020 7880 1111 London/Nationally Windmill Travel Limited 01708 455555 Upminster/Hornchurch Wood Green Car Service 020 8888 3390 Wood Green 020 8752 8080 London/Nationally 01376 334455 Braintree Yelo Taxis 30 Early Summer 2009 Private Hire News issue 46 ISO ISO IIP IIP Hounslow/Heathrow VM Chauffeurs Wyndhams Applied ISO Staines ISO ISO IIP The Royal Parks Regulations Consultation Consultation on Regulations Review The Royal Parks the Old Police House, Hyde Park London W2 2UH May 2009 Many thanks on behalf of the Licensed Private Hire Car Association (The LPHCA) for giving us the opportunity to comment on your excellent consultation, The LPHCA is delighted that some of the anomalies raised by us when members complained they could potentially be ticketed or stopped when travelling legitimately about their business in the Royal Parks several years ago are now being addressed by this consultation. The Association has published the consultation in Private Hire News Magazine and held a meeting early in April attended by over 100 Licensed Operator’s representatives to get comments directly from our members. Q1 Do you support the introduction of parking charges in Richmond and/or Bushy Park? YES Q2 If you accept the introduction of parking charges in principle, do you consider that the rates we propose are about right, too high or too low? About right do not agree with our proposal to reduce Q10 Iftheyouspeed limit in Greenwich Park to 20mph, Do you agree that there should be a maximum stay for parking in Richmond and /or Bushy Park? YES – Providing it’s of sufficient length for genuine visitors you agree with our proposal to reduce the Q11 Do speed limit in Bushy Park to 20mph? Q3 Q4 Q5 Q6 Do you agree with our proposal to reduce the speed limit in Greenwich Park from 30mph to 20mph? YES please explain why. N/A YES If you agree that there should be a maximum stay, do you think that 6 hours is about right, too long or too short? About right do not agree with our proposal to reduce Q12 Iftheyouspeed limit in Bushy Park to 20mph, please Do you have any further comments about our proposal to introduce parking charges? Only that they should be reasonable and fair you agree that the regulations should make Q13 Do clear that horse owners are not required to clean Do you support our proposal to allow Private Hire Vehicles that are licensed by the Public Carriage Office to enter the Royal Parks on the same terms as are already allowed in law for black cabs? If not, please give your reasons. YES – But consideration should also be made for non PCO Licensed Vehicles by future proofing the legislation to enable provision for all legitimately licensed PHV’s Q7 Do you agree with our proposal to give express statutory force to the already accepted practice that black cabs are allowed to enter the Royal Parks even if they are bearing advertisements? YES Q8 Do you agree that we should make identical provision in respect of PHVs (provided that we implement our proposal to allow them to enter the Royal Parks)? YES 32 Q9 Early Summer 2009 Private Hire News issue 46 explain why. N/A up after their animals? YES you have any other comments which relate Q14 Do directly to any of our proposals? YES Licensed Private Hire is vital to the wellbeing and safety of London and the travelling public and we campaigned heavily for its Licensing. Unfortunately the last Royal Parks legislation came before the 98 Act, which covered Private Hire and it was not ‘future proofed’ to account for it. The appropriate ‘Mandating of Signage’ on PHV’s in London caused a freak situation where a Licensed PHV could technically fall foul of regulations and an illegal tout would not. The Industry whilst having more vehicles then the black cab industry in London, demographically uses the Royal Parks much less that Black Cabs, so no adverse impact would occur. As Private Hire is the primary door to door accessible transport provider in London it is vital that it continues to have full access to the Royal Parks and that should be on the statute. Steve Wright MBE, Chairman LPHCA Zenergy Computing Need help with Computers or the Web? Call Liam Liam and Zenergy Computing have been providing support to the LPHCA, our members and all sized Private Hire Companies for many years. Zenergy help with computer installation, networking, email, websites and getting various bit of kit to work with your system and can help you to hook up with services like CabOperator. Call Liam McCann 020 8993 5723 to see what they can do. 4th Floor Scottish Provident House 76-80 College Road Harrow Middlesex HA1 IBQ 020 8993 5723 07941 230531 020 7099 4507 Tel Mob Voice Over IP (VOIP): www.zenergycomputing.com Early Summer 2009 Private Hire News issue 46 33 LPHCA ‘Members Only’ update meeting It was great to have another LPHCA ‘Members Only’ update meeting on 2nd April on the R.S. Hispaniola so the LPHCA could realign its main priorities. The need to change priorities follows our very successful Parliamentary Luncheon in November and UNRESOLVED Priorities: • Touting (Including job theft by drivers and illegal activity by Event Management & others) • Bus Lane Access • Parking / Picking Up & Setting Down • Criminal Record Check delays / rule changes • Corporate Pricing subsequent meetings with DfT, PCO, London Councils, TOCU and others. WORKING WITH GOVERNMENT, TFL & THE MAYOR Here is a brief transcript: The Bad News is that my appointment to the TfL Board and its induction process, including governance and a steep learning curve has taken time away from me. As always we wish a warm welcome to members, platinum sponsors and new special guests who include Martin Low Director of Transport at Westminster City Council and Chief Superintendent Joe Royle – Commander of the Met Police’s Transport Occupational Command Unit (TOCU). Progress – Just over a year ago the LPHCA held its first Platinum Members Meeting on 6th February and this was followed by a second meeting on 28th February. That meeting endorsed the 20 PRIMARY TOPICS and agreed for them to be managed by main and sub committees and a great deal has happened since. Of those 20 topics – 5 Have been effectively been completed and dealt with: • Potential Congestion Charges for some PHV’s • The Loophole Closure (Ambulance Definition) • Inappropriate New Fees for Operator Licences • Better Medical & Eyesight Requirements • Legitimate access to The Royal Parks On others we have made steady progress: • The Olympics • Signage • Driver shortages Not on our radar last year were: • Giving touts a ticket rather than putting them in the Tower of London • The Recession • Changes to CRB requirements • A change of Mayor – Boris! ONGOING • The PCO’s Performance • Outside London issues Cross Border & Subcontracting • Road Pricing • VAT & employment rules & laws • Voluntary drivers 34 Early Summer 2009 Private Hire News issue 46 The Good News is that I have learned a lot quickly, met a lot of people who can help our industry and I am working with a great team of people and a very hard working and likeable Mayor. PLATINUM COMMITTEES & FUNDING The Platinum Committee structure worked last year and needs to be taken forward with all committees meeting in the next few months. All the above topics can then be managed in conjunction with my position on the TfL Board and the tremendous new connections we have. The support of the Platinum Committees and the extra funding was essential to have the meetings, arrange events, utilise powerful lawyers and increase our effectiveness. In addition with the recent work on the website and behind the scenes in the office I am released to spend more time with the committees and on the important meetings we must now attend. The meeting agreed a realignment of our priorities with Platinum Member’s help needed for Whistle Stop Tours to be arranged for TfL Board Members (maybe the Mayor), London Councils, TOCU and The Olympic Delivery Authority. These will be prioritised at the next gathering of Platinum Members as the meeting then had a discussion on and agreement that the Priority Topics as set out earlier would be dealt with by the Platinum Committees. Further discussion took place on the Royal Parks Consultation, the Olympic Route Network Consultation and private business, which will be available on the website in the ‘Member’s only’ area. Following any other business around 60 Members stayed for lunch and further discussion and as always more ideas came forward and more friendships were made and developed between members. TaxiPay Launch Mobile Chip and PIN Terminal Adelante Software Limited, the developers of TaxiPay, the mobile phone based credit and debit card processing system, have extended their range of products to include a new Mobile Chip and PIN version of their software. Increasingly customers require a Chip and PIN experience at the point of sale. As a result TaxiPay can now offer this service. After discussions with the taxi trade and in direct response to driver demands the TaxiPay Chip and PIN Terminals offer some key benefits. The minimum term contract is only three months. This allows drivers to evaluate the technology without making a long term commitment The rental price is only £20 per month including VAT, cheaper than alternative providers and taking into account most drivers are not registered for VAT. Our transaction fee is just 5% and like TaxiPay mobile, the driver can configure the terminal to charge a surcharge of their choice and the terminal will also allow for gratuities. Therefore if the driver chooses to charge 10% he gets to keep the extra 5%. Using this scenario a driver doing £400 per month on cards would cover the cost of the terminal rental from their part of the surcharge, effectively making the cost of accepting credit cards free. TaxiPay Chip and PIN also includes a free Internet based administration system that allows drivers to see their transaction history and reconcile their weekly card payments. Chris Graham, Sales Director, Adelante Software said: “Chip and PIN was a logical extension to the TaxiPay mobile phone based system. We plan to offer both systems side by side and offer drivers an unbiased view of which solution is best for them. We have also compared our Chip and PIN offering with some of the major suppliers to the trade and are confident our solution is the most cost effective available.” More details and an online demonstration of the terminal can be found at http://www.adelante.co.uk/taxipay_chipandpin.html 36 Early Summer 2009 Private Hire News issue 46 SEE ARTICLE ON PAGE 44 Early Summer 2009 Private Hire News issue 46 37 TRAINING FOR THE PRIVATE HIRE AND TAXI INDUSTRY Our courses include: • Train to Gain • Passenger Assistants (PATS) • NVQs in Taxi and Private Hire, Call Handling, Management, Community Transport, Passenger Assistant • Emergency Aid, Manual Handling, Fire Evacuation • VRQ in Taxi and Private Hire • Disability Awareness Training • Minibus/MPV Driver Awareness (MiDAS) • Customised Licensing Courses • Topographical Skills (PCO Assessment Centre) Units 41 - 47 Freshways House 16 Eastman Road Acton London W3 7YG Tel: 020 8762 0181 Fax: 020 8743 3430 Email [email protected] Web www.transtec.org.uk Early Summer 2009 Private Hire News issue 46 39 PCO Notices PCO Notice 07/09 Further guidance for the drivers of private hire vehicles PCO Notice 04/09 Private Hire Operator Licensing and Compliance Inspections Part of the application process for a private hire vehicle operator’s licence is an assessment that the applicant’s operating centre is compliant with prescribed administrative conditions. This involves a Licensing Officer visiting the appointed premises after which the Licensing Authority is advised accordingly. Once an operator has been issued with a licence, ongoing compliance inspections are undertaken to ensure that they continue to meet with their obligations as set out in the Private Hire Vehicles (London) Act 1998. To continue to improve the effectiveness of these visits, all prelicensing and most post-licensing compliance inspections will be carried out by appointment. The PCO will carry out unannounced compliance and investigative inspections when required, for example, when serious breaches of regulations are suspected. Appointment System Pre-licensing; All initial applications to become a licensed operator will require a pre-licensing inspection for which a specific appointment will be made. Post-licensing (compliance); Most post-licensing (compliance) inspections will be carried out by appointment. • Operators will be given a specific date with a time window for this appointment e.g. between noon and 4pm. • Operators who only trade outside of normal business hours e.g. Monday to Friday, 8am to 4pm, will also be given a date and time if contactable. If contact cannot be made then an unannounced inspection may be carried out. Post-licensing (variation to licence) All post-licensing (variation to licence) inspections will be carried out by appointment; • Operators will be given a specific date with a time window for this appointment e.g. between 8am and noon. Operators not meeting with the prescribed conditions of being licensed may, at the discretion of the Licensing Officer, receive a follow-up compliance inspection. Operators failing to comply with their obligations may be treated less tolerantly than is currently the case given that they have been given due notice of a compliance inspection. The PCO will continue to carry out unannounced inspections on operators should it be necessary. Such cases may relate to the investigation of complaints, joint agency operations with the Transport Operational Command Unit (TOCU) and other enforcement agencies, and follow up visits after failing a compliance inspection. Dave Stock 10 February 2009 Head of Service Delivery For previous PCO Notices visit tfl.gov.uk/pco PCO Notice 42/08 provided guidance to PHV drivers about accepting bookings and associated practices. This Notice provides some further information to help PHV drivers comply with the law. Heathrow Airport and London City Airport Item 2 of the Notice 42/08 stated if a driver is approached by a potential passenger, whether they are sat in your vehicle or otherwise, they must direct the passenger towards their licensed operator’s office to make the booking there in person or they may hand out business cards bearing the telephone number of their operators to allow passengers to contact the operator to make a booking. Drivers must never approach members of the public to offer services. Drivers must be aware that whilst handing out a business card is allowed on the streets of London, under Heathrow Airport Byelaw 4(12) ‘Offer of Service’, it is an offence on any part of Heathrow Airport. The byelaw states ‘No person shall sell or distribute anything, offer anything for sale or hire or make any offer of services for reward’. Any driver contravening this particular byelaw shall be liable on summary conviction to a fine of up to £2,500. It is also an offence at London City Airport, which is governed by separate byelaws. Byelaw 5(14) states that ‘No person shall carry on a business, sell or distribute anything, offer anything for sale or hire or make any offer of service for reward’. Furthermore, Byelaw 5(15) states ‘No person shall post, distribute or display signs, advertisements, circulars or other printed or written material’. Any driver contravening a byelaw shall be liable on summary conviction to a fine, which in respect of contravention of Byelaw 5(14) shall be up to £400, and up to £1,000 in respect of Byelaw 5(15). Taxi Ranks Drivers of PHVs are reminded that they must not park or wait on taxi ranks. The driver and owner of any vehicle except for a licensed hackney carriage found standing on a rank may be liable to a fine of up to £2,500. Mary Dowdye 25 March 2009 Head of Standards & Regulations For previous PCO Notices visit tfl.gov.uk/pco PCO Notice 09/09 Taxi and private hire vehicle licensing services (Changes within the Public Carriage Office) With effect from 1 May 2009, responsibility for the delivery of taxi and private hire vehicle licensing and inspection services will transfer to Dave Stock, Head of Service Delivery. The core services are delivered, under contract, by SGS United Kingdom Ltd. Since the contract came into effect in April 2004, this contract has been managed within the PCO by Alan Matthews, Head of Projects and Developments. However, as a result of planned organisational change within the PCO, Alan’s current post as Head of Projects and Developments will cease with effect from 30 April 2009. The PCO Contract Management Team, under the day to day responsibility of Ray Biggs, will now report into Dave Stock. This change will not affect the standard of service delivered to taxi and private hire licensees. Ed Thompson 31 March 2009 Taxi & Private Hire Director For previous PCO Notices visit tfl.gov.uk/pco CONTINUED ON PAGE 42 40 Early Summer 2009 Private Hire News issue 46 PCO Notices PCO Notice 13/09 Taxis and Private Hire Vehicles stopping at cash machines PCO Notice 15/08 (July 2008) announced the trial of permitting taxis and private hire vehicles to stop and wait while passengers use a cash machine on Red Routes at night. This exemption has operated successfully since then, and Transport for London (TfL) has started the process of formally incorporating it into the traffic management orders governing the Red Routes. Trade associations will shortly receive the consultation documents. In the meantime, the informal exemption continues to apply. As a reminder, this applies to: • London licensed taxis • London licensed PHVs displaying the ‘roundel’ red route exemption signage. These vehicles are permitted to stop on red routes between 10 pm and 6 am every night of the week for up to 5 minutes while passengers use nearby cash machines. This exemption only applies on London’s Red Route network, indicated by red lines at the roadside and signs saying “RED ROUTE”. Drivers continue to be liable for penalty charges if they wait at cash machines on restricted sections of other roads or outside these times. Drivers must always be mindful of the safety of their passengers and other road users, and may be penalised if they wait in locations where it is unsafe to do so. Drivers must not stop: • on pedestrian crossings; • on zig-zag lines; • on bus stops marked with a wide red line; • in locations where stopping would cause a safety hazard or obstruction. Taxis and PHVs with the red route exemption signs can stop on red routes to pick up or set down passengers and, as described here, can wait for passengers to use a cash machine at night. Apart from these, drivers must comply with red route restrictions. PHV drivers are reminded that these exemptions only apply to licensed PHVs displaying the TfL signage allowing them to set down and pick up passengers on red routes. Information about the red route exemption signage for PHVs can be obtained from the TfL web site at tfl.gov.uk/phvredroutes. This includes a downloadable form for licensed operators to apply for the signage for their vehicles. Further information on stopping restrictions can be found in PCO Notices 29/08 (Guidance on stopping restrictions for PHV drivers), 44/06 (Guidance on stopping restrictions for taxi drivers), and 04/07 (Wide red line). These can all be obtained from the web site at tfl.gov.uk/pco. Len Simkins 23 April 2009 Head of Strategy 23 April 2009 For previous PCO Notices visit tfl.gov.uk/pco PCO Notice 14/09 PH Vehicle Licensing Introduction of new VOSA IVA inspection scheme AGM From the 29th April 2009, Vehicle & Operator Services Agency (VOSA) introduced a new Individual Vehicle Approval (IVA) inspection scheme which will eventually replace the Single Vehicle Approval (SVA) inspection sometime between 2011 and 2012. The new IVA inspection will be a UK National approval scheme for ‘M1 Type Approved’ passenger vehicles. The change will not affect the current Private Hire Vehicle (PHV) licensing criteria. However, vehicles that require an additional inspection in order to satisfy the London PHV licensing requirements will continue to be directed to VOSA for either a Voluntary SVA inspection or the new Voluntary IVA inspection. Vehicles that have already undergone an SVA inspection will not be affected by the change provided evidence can be produced to show that an SVA inspection had been carried out. The PCO will continue to accept the SVA certificate or a statement within the Vehicle Registration Certificate (V5c) confirming that a SVA has been certified. To obtain either a Voluntary ‘standard’ SVA application form or a Voluntary ‘Basic’ IVA application form, you will need to contact VOSA directly. VOSA will be happy to provide guidance before specifying which of the inspection types is required. Once the vehicle has passed the VOSA inspection, the certificate must be presented as evidence at the licensing inspection. More information about the new IVA inspection scheme can be obtained from any of the VOSA testing stations or from their website at www.vosa.gov.uk Further information about the private hire vehicle regulations, the licensing criteria or information regarding the new IVA inspection scheme can be obtained by contacting the PHV Contract Management Team on 020 7126 1806 or alternatively from the TfL website at www.tfl.gov.uk/pco Mary Dowdye 30 April 2009 Head of Standards and Regulations For previous PCO Notices visit tfl.gov.uk/pco 42 Early Summer 2009 Private Hire News issue 46 The LPHCA will be hosting its Annual General Meeting in style again this year at the popular London Marriott Heathrow on Thursday 8th October 2009 MOGO VEHICLE PLATE SIGNAGE OFFERING A HELPING HAND The good news continues with Mogo Vehicle Plate Signage offering a helping hand to the Travelling Public and Operators alike. As more and more companies are fitting Mogo Signage to vehicles in London the benefits to the Travelling Public and Licensed Operators are now starting to be felt. For many years the trade and the authorities have been trying to educate the Public on the dangers of using unlicensed vehicles in London. The stumbling block has always been a means for members of the Public to easily differentiate between a ‘licensed vehicle’ and an ‘unlicensed one’ before getting into the car being driven potentially by anyone. With the introduction of the new signage regulations in London the responsibility for providing the Public with this visible and clear identification has now passed to the legitimate trade. Signage on Licensed Private Hire Vehicles in London is voluntary and is only regulated on content, size and position. But with the number of vehicles displaying their company name and contact details increasing throughout London, the Travelling Public is gradually being educated on how to tell a safe vehicle and driver from a potentially unsafe one. This process is already narrowing the opportunity for ‘illegal touts’ in London. More and more LPHCA Members have taken this public education process to the next level by communicating with their customers effectively by training their staff to explain clearly how to identify the correct vehicle outside a busy venue. A good example of this is the work done by Greyhound Cars producing an informative leaflet for their local customers to use and this would not be possible without good vehicle signage in the form of the ‘Tamper Proof’ MOGO signage plates. Public awareness is key to the war on touts and as long as the Travelling Public continues to get into vehicles, without first ordering them from a Licensed Company and then without checking that they are from that company, the touts will remain. The PCO and the Metropolitan Police do not have the resources or manpower to catch and prosecute touts into oblivion without the support of the Travelling Public and the Licensed Trade. The Travelling Public will only completely respond to calls to use only Licensed Vehicles when it is easy for them to do so. The Licensed Trade now has to take up the mantle and give them the means to easily identify the correct vehicle. Most Member Companies that have put MOGO Signage Plates are experiencing similar reactions from their customers. 44 Early Summer 2009 Private Hire News issue 46 Justin Rock of Cannon Cars of Orpington says: “We feel that the MOGO plates enhance our vehicles on both a safety and commercial level. Commercially, it is an extremely effective way of advertising our company. If someone is sitting behind one of our vehicles then we have a captive platform to brand our name and number to them, curiosity often makes them read the plate because they are smart, tidy and look very professional at the rear of the vehicle. We also believe that at some point signage of similar proportion will be required when Licensed Private Hire Vehicles are allowed into bus lanes and this is a proactive measure to get Private Hire Vehicles recognised. With regard to safety, they are an extremely effective way of making our drivers recognisable. This is especially useful for female passengers travelling late at night. Without a doubt the MOGO plates go some way to erasing touts as we instruct our customers to only get into a vehicle displaying one of the plates with our Name and Number on it. The MOGO plates are also a way of monitoring driver performance and company reputation. If, in the unlikely event that a driver is driving poorly, or with excessive speed, they can be easily identified and reported back to our office. If any other Operator requires any further information please do not hesitate to contact me, Justin Rock of Cannon Cars.” The following quote from Pravdeep Mengar at Abba Dart sums up the beneficial results of fixing professional looking plates to all their Private Hire Vehicles. “Since introducing the MOGO identification plates on the rear of our cars the response has been great from an advertising perspective as the general public do feel safe knowing that they are getting into a legitimate Private Hire Vehicle from a reputable company. Feedback has been particularly good from female passengers and the many female groups who use us on Friday and Saturday evenings to go out and come home safely. It is great to hear customers now phone the control room and say ‘I've just seen one of your cars, can you send me a car please?’ This I feel has also helped to shield us from the negative effects of adverse publicity. The Mogo Signage Plates clearly let the public know who we are and how to contact us should they wish to book a vehicle, thus giving the passenger re-assurance that they are dealing with a professional firm. The MOGO plates have even attracted drivers to Abba Dart and any Licensed Company not taking advantage of such a long awaited safety and marketing tool is missing out on promoting their business whilst assuring the travelling public.” MOGO are offering a 25% discount on new and re-orders for all LPHCA members. Simply call Cara on 07921 614462 for more details. LPHCA total support for MOGO Signage Plates At a recent meeting of LPHCA members in London, Chairman Steve Wright said: ‘There was delight from passengers and safety groups about the increase of MOGO Signage Plates on Licensed Private Hire Vehicles in London.’ There had also been positive feedback from some London Councils, the Police, Safety Groups and Corporate Users as well as from the Travelling Public regarding the increase and use of MOGO Signage Plates. Very intriguingly Steve went on to point out that there would soon be another review on Signage and Identifiers on Vehicles in London and that in his view MOGO Signage Plates could hold the key to one of the stumbling blocks for Bus Lane Usage – the vehicle identifier. It was also mentioned that the more MOGO Signage Plates that could be seen in London the more convincing the case for them being the Main Identifier for Bus Lane usage. Chauffeurs in Edinburgh have now adopted MOGO plates as their passport into Bus Lanes. Their world, and the travelling public’s, has changed for the better as a consequence. With this important signage review due soon Steve asked that as many LPHCA Member Operators as possible took up the opportunity to assist by opting for MOGO plates. Early Summer 2009 Private Hire News issue 46 45 TfL announces trial of Intelligent Speed Adaptation Speed limiting technology to be tested for market place Transport for London (TfL) on the 11th May announced a six month trial of the Intelligent Speed Adaptation (ISA) technology which aims to reduce road casualties and help drivers avoid speeding penalties. As part of the trial, which will start this summer, a London bus will be fitted with ISA. The TfL Road Safety Unit is also keen to trial the technology in a Licensed Taxi, alongside 20 TfL vehicles driven by road engineers, traffic managers and highway inspectors. The intelligent technology enables drivers to select an option where acceleration is stopped automatically at the speed limit specific to any road in London within the M25 area. The unit can be disabled at the touch of a button, at which point it reverts to an advisory status where the current, legal speed limit is simply displayed as a driver aid. There is also a complete over-ride switch with disables the system entirely. The practical uses of the technology will be tested in the six month trial after which a report will be submitted to the Mayor of London and the technology will be made available to external organisations. Southwark Council has already expressed an interest in fitting ISA to more than 300 of its vehicles. The trial will monitor driver behaviour, journey times and the effect that driving within the speed limit has on vehicle emissions. ISA uses the digital speed limit map of London which TfL launched on 29 January 2009. This is the first time all of London’s speed limits have been mapped accurately with regular updates. Other GPS device manufacturers are being encouraged to take advantage of this resource which could help to improve road safety in the capital by introducing a speed limit display and warning in their satellite products. update A series of meetings have been taking place regarding the issue of ‘Touting and enforcement in London’. The first was hosted by TfL regarding safe late night travel and Private Hire Services in the West End of London at Windsor House late in March. A second meeting took place in Victoria with the Transport Operational Command Unit and other interested parties in May. The issue of ‘Illegal Activity and Enforcement’ in London has been raised by the LPHCA and the Taxi Industry with a direct increase in successful Operations by the Policy and other agencies, including Westminster City Council. It is estimated that if two thirds of London drivers use the ISA system, the number of road casualties in the Capital could be reduced by 10 per cent*. Chris Lines, Head of TfL’s London Road Safety Unit, said: ‘’This innovative technology could help any driver in London avoid the unnecessary penalties of creeping over the speed limit, and at the same time it will save lives. “We know the technology works, and now we want to know how drivers in all types of vehicles respond to it. “ISA is intended as a road safety device, but if Londoners embrace this technology we may well see additional benefits including reduced congestion as a result of collisions and reduced vehicle emissions as drivers adopt a smoother driving style.” More Information for members on the LPHCA Website: www.lphca.co.uk Could this be the end of the d hump spee ? A series of night operations has resulted in several arrests and at least three Licensed Operators having their licences revoked. The LPHCA welcomes the increase in this activity, which is fulfilling the commitment by Mayor Boris Johnson to ‘clamp down and eradicate illegal activity in the capital’. The Mayor has doubled the number of Officers in TOCU’s Cab Enforcement Section and operations are ongoing. Operators who have applied for Operating Licenses in night clubs should have the appropriate planning consent for such an Operating Centre. Any ‘on the street activity’ by representatives at such premises remains unlawful. Such Operators should also be mindful of their obligations with regard to parking as waiting outside premises without a booking could be construed to be illegal. Further news will be posted on the members area of our website at www.lphca.co.uk CRB MEETING IN PARLIAMENT The LPHCA were kindly invited by the GMB Professional Drivers Branch to a meeting with representatives from the Criminal Records Bureau (CRB) in Parliament on 5th May. The invite was very timely as we were seeking dialogue with the CRB on a range of issues including delays in the checking process, the levels of checking and greater dialogue with the CRB. 46 Early Summer 2009 Private Hire News issue 46 Robin Hulf and Eddie Townson completed the LPHCA contingent and there will be further action and progress to report in due course. This invite demonstrates that when Operators and Driver Representative Bodies have sensible dialogue everyone benefits. Many thanks to the GMB Professional Drivers Branch and to those who took the time and trouble, to attend this worthwhile meeting. Early Summer 2009 Private Hire News issue 46 47 A little while ago I was delighted to go to Glasgow to visit our long standing friends, advertisers and sponsors. On that trip I was kindly looked after and warmly welcomed by the team at Cab Direct (also know as) Allied Vehicles who showed us round their considerable expanding operation at Balmore Road. As a privately owned company, established in 1994, Allied Vehicles is principally made up of three distinct trading divisions, Allied Mobility, Cab Direct and AlliedZEV. Through these, Allied are involved in all areas of the motor trade, specialising in wheelchair accessible vehicles, taxis and electric vehicles. The company has achieved rapid growth over the past 10 years and now employs over 300 people located in their impressive 12-acre flagship site in Glasgow. There are also branch offices in Edinburgh and Coventry, as well as a team of field sales employees working right across the UK, providing a welcomed local presence to many customers. In terms of manufacturing capacity Allied builds more than 2,000 vehicles annually, utilising their new, 98,000 square feet production unit, plus associated on-site support services for preproduction, painting and pre-delivery preparation. The company has also recently acquired additional premises, adjacent to their existing production site that will enable further expansion of production capacity over the next three years. Despite this tremendous growth and expansion, the company remains very much a family enterprise with founders and chairmen Gerry and Michael Facenna still playing a major part in the running of the business. Sons Peter, is Sales Director, David is National Sales and Operations Manager, whilst daughter Karen, as HR Director, also play a vital roll in the company’s success. Business Operations – With an annual turnover of over £55 million, Allied Vehicles Ltd provides products and services to meet the motoring needs of the private and business user, offering full facilities for both able-bodied and disabled people. The company operates a unique business model, working closely with people across a host of industry sectors. Their National buying power and specialist status means Allied are able to negotiate great rates and the best deals on behalf of their customers. Amongst The Allied Group’s brands are: Allied Mobility – Britain’s number one manufacturer and supplier of wheelchair accessible cars, MPVs and Minibuses. Allied Mobility offers an extensive range of mobility cars as well as the widest selection of standard and accessible minibuses in the UK. Cab Direct – One of the UK’s leading taxi specialists, provides both purpose-built and wheelchair accessible taxis to the UK’s busy trade. Most notable on the hackney side is the E7 taxi, designed and manufactured jointly by Peugeot and Cab Direct. 48 Early Summer 2009 Private Hire News issue 46 The Private Hire market is very much a key sector for Cab Direct. Assembled in conjunction with several of the world’s leading car makers, Cab Direct’s Taxi Select range offers the widest choice and fantastic deals on Toyota, Ford, Chevrolet, Renault, Citroen, Peugeot, Mercedes-Benz, Volkswagen, Chrysler, Jaguar and more. Cab Direct also offers the market a variety of additional services and support, including a dedicated parts department carrying over 18,000 products and operating a guaranteed 24 hour, UK wide delivery service. Cab Direct customers can also benefit from discounted taxi insurance from J&M – one of the UK’s leading Taxi and Private Hire specialists who are also LPHCA Supporters and Sponsors. AlliedZEV – A new and innovative vehicle manufacturer dedicated to reducing environmental harm by bringing practical and reliable Zero Emission Vehicles to market. ZEV’s products combine the latest in Lithium-Ion battery technology and electronic management software together with a range of reliable vehicles produced in conjunction with Peugeot. ZEV’s innovative new range of vehicles, are ideal for daily working life in busy town or city centres. Each vehicle that ZEV offers has a range of up to 100 miles and a top speed of 60mph, making it suitable for operations in most urban environments. Commenting on the Private Hire Sector, Sales Director, Peter Facenna, says: “At Cab Direct, we’re continually striving to bring our customers the most desirable cars on the market at the most affordable prices. We appreciate the difficulties faced by consumers at the moment, particularly within the Taxi Trade, and that’s why we continue to work closely with leading manufacturers, enabling us to offer some of our most competitive deals to date.” Peter goes on to explain some of Cab Direct’s latest offers: “In the current climate, economy is very much front of mind. That’s why we’re delighted to be able to offer customers the Chevrolet Epica for only £9,395 + VAT. That’s a great price for a fully equipped vehicle, ideal for the Taxi Trade. We’re also offering our lowest ever price on the Eurobus MPV. At only £12,995 + VAT, that’s an eight or nine seat vehicle for under the cost of most standard cars.” CONTINUED ON NEXT PAGE For more information and for some of the best deals and products for the Taxi and Private Hire Trades why not check out their website www.cabdirect.com. Many thanks to everyone at Allied who made us so welcome in Scotland. Early Summer 2009 Private Hire News issue 46 49 50 Early Summer 2009 Private Hire News issue 46 Drive event to host luxury manufacturers Early Summer 2009 Private Hire News issue 46 51 FIRST AID in the workplace First Aid Information from the Health & Safety Executive leaflet Below are the answers to some basic questions about first-aid provision at work. It is aimed at employers in small and medium-sized enterprises, but may be useful to all employers, managers and others involved in first aid. Q1 WHAT IS FIRST AID AT WORK? Q2 SO WHAT DO I NEED TO DO? The Health and Safety (First-Aid) Regulations 1981 require you to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given to your employees if they are injured or become ill at work. People at work can suffer injuries or fall ill. It doesn’t matter whether the injury or the illness What is adequate and appropriate will depend on the circumstances in your is caused by the work they do workplace and you should assess what your first aid needs are (see Q3). or not. What is important is that The minimum first aid provision on any work site is: they receive immediate attention and that an ambulance is called in serious cases. First aid at a suitably stocked first aid box (see Q4); work covers the arrangements you must make an appointed person to take charge of first-aid arrangements (see Q5). to ensure this happens. It can save lives and prevent minor injuries becoming major ones. It is also important to remember that accidents can happen at any time. First aid provision needs to be available at all times people are at work. Q3 WHAT SHOULD I CONSIDER WHEN ASSESSING FIRST AID NEEDS? Many small firms will only need to make the minimum first-aid provision. However, there are factors which might make greater provision necessary. The checklist in Table 1 covers the points you should consider: Table 1 Checklist Aspects to consider Impact on first-aid provision 1 You are required by law to make an assessment of significant risks in your workplace. What are the risks of injury and ill health identified in this risk assessment? If the risks are significant you may need to employ first aiders (see Q6 and Q7) 2 Are there any specific risks, e.g. working with: hazardous substances; dangerous tools; dangerous machinery; dangerous loads or animals? You will need to consider: specific training for first aiders; extra first aid equipment; precise siting of first aid equipment 3 Are there parts of your establishment where different levels of risk can be identified (e.g. in a University with research laboratories)? You will probably need to make different levels of provision in different parts of the establishment. 4 What is your record of accidents and cases of ill health? What type are they and where did they happen? You may need to: locate your provision in certain areas; review the contents of the first aid box (see Q4). 5 How many people are employed on site? You may need to employ first aiders (see Q6 and Q7) 6 Are there inexperienced workers on site, or employees with disabilities or special health problems? You will need to consider: special equipment; local siting of equipment 7 Are the premises spread out, e.g. are there several buildings on the site or multi-floor buildings? You will need to consider provision in each building or on several floors 8 Is there shift-work or out-of-hours working? Remember that there needs to be first aid provision at all times people are at work. 9 Is your workplace remote from emergency medical services? You will need to: inform local medical services of your location; consider special arrangements with the emergency services 10 Do you have employees who travel a lot or work alone? You will need to: consider issuing personal first aid kits and training staff in their use; consider issuing personal communicators to employees 11 Do any of your employees work at sites occupied by other employers? You will need to make arrangements with the other site occupiers. 12 Do you have any work experience trainees? Your first-aid provision must cover them. 13 Do members of the public visit your premises? You have no legal responsibilities for non-employees, but HSE strongly recommends you include them in your first aid provision. 52 Early Summer 2009 Private Hire News issue 46 Q4 WHAT SHOULD I PUT IN THE FIRST-AID BOX? There is no standard list of items to put in a first aid box. It depends on what you assess the needs are. However, as a guide, and where there is no special risk in the workplace, a minimum stock of first aid items would be: a leaflet giving general guidance on first aid, e.g. HSE leaflet Basic advice on first aid at work (see Where can I get further information? below); 20 individually wrapped sterile adhesive dressings (assorted sizes); two sterile eye pads; four individually wrapped triangular bandages (preferably sterile); six safety pins; six medium-sized (approximately 12 cm x 12 cm) individually wrapped sterile un-medicated wound dressings; two large (approximately 18 cm x 18 cm) sterile individually wrapped un-medicated wound dressings; one pair of disposable gloves You should not keep tablets or medicines in the first-aid box. The above is a suggested contents list only; equivalent but different items will be considered acceptable. Q5 WHAT IS AN APPOINTED PERSON? An appointed person is someone you choose to: take charge when someone is injured or falls ill, including calling an ambulance if required; look after the first-aid equipment, e.g. restocking the first aid box Appointed persons should not attempt to give first aid for which they have not been trained, though short emergency first aid training courses are available. Remember that an appointed person should be available at all times people are at work on site this may mean appointing more than one. Q6 WHAT IS A FIRST AIDER? A first aider is someone who has undergone a training course in administering first aid at work and holds a current first aid at work certificate. Training organisations running first aid at work courses should be approved by HSE. Lists of first aid training organisations in your area are available from HSE. You may decide, following your first aid assessment, that you need one or more first aiders. A first aider can undertake the duties of an appointed person. Q7 HOW MANY FIRST AIDERS OR APPOINTED PERSONS DO I NEED? It is not possible to give hard and fast rules on when or how many first aiders or appointed persons might be needed. This will depend on the circumstances of each particular organisation or worksite. Refer to Table 2 after working through the assessment checklist in Table 1. It offers suggestions on how many first aiders or appointed persons might be needed in relation to categories of risk and number of employees. The details in Table 2 are suggestions only – they are not definitive nor are they a legal requirement. It is for you to assess your first aid needs in the light of your particular circumstances. Where there are special circumstances, such as remoteness from emergency medical services, shift-work, or sites with several separate buildings, there may need to be more first aid personnel than set out in Table 2. Increased provision will be necessary to cover for absences. First aid personnel should be available at all times people are at work. Q8 DO I HAVE TO DO ANYTHING ELSE? You have to inform your employees of the first aid arrangements. Putting up notices telling staff who and where the first aiders or appointed persons are and where the first aid box is will usually be sufficient. But don’t forget that you will need to make special arrangements to give first aid information to employees with reading or language difficulties. Q9 WHERE CAN I GET FURTHER INFORMATION? Table 2 Suggested numbers of first-aid personnel Category of risk Numbers employed at any location Suggested number of first-aid personnel Lower risk e.g. shops and offices, libraries Fewer than 50, 50-100 More than 100 At least one appointed person. At least one first aider. One additional first aider for every 100 employed Medium risk e.g. light engineering and assembly work, food processing, warehousing Fewer than 20, 20-100 More than 100 At least one appointed person. At least one first aider for every 50 employed (or part thereof). One additional first aider for every 100 employed Higher risk e.g. most construction, slaughterhouses, chemical manufacture, extensive work with dangerous machinery or sharp instruments Fewer than 5, 5-50 More than 50 At least one appointed person. At least one first aider. One additional first aider for every 50 employed Lists of first aid training organisations are available from: The HSE’s The free leaflet Basic advice on first aid at work (INDG347(rev1), 2006) is published by HSE Books. More detailed practical guidance on complying with your first aid at work duties has been published by the Health and Safety Commission First aid at work. The Health and Safety (First Aid) Regulations 1981. Approved Code of Practice and guidance L74 HSE Books 1997 ISBN 978 0 7176 1050 1 HSE Books publishes two first aid posters: Basic advice on first aid at work HSE Books 2006 ISBN 978 0 7176 6195 4 and Electric shock: First aid procedures HSE Books 2006 ISBN 978 0 7176 62036Information on all aspects of first aid at work is available on the first aid web pages of HSE’s website at www.hse.gov.uk/firstaid/index.htm Information in this article reproduced with the kind permission the HSE (Health & Safety Executive). Early Summer 2009 Private Hire News issue 46 53 MEETINGS Take a look at our NEW LOOK website... The LPHCA Website www.lphca.co.uk has been given a makeover by the boys and girls in the office to be more effective and helpful to everyone. Members of the ‘Travelling Public’ and other ‘Important Visitors’ to the site will find it easier to access and get more information than before. For LPHCA Members the site is being developed to provide you with as much Industry Help, News and Information as possible. This will all be brought onto the site in the next few months in the ‘Password Accessed Area’ for ‘Members only’. Members will receive ‘EAlerts’ via Email from us and this will point you to the ‘Password Accessed Area’ where topics and information can be accessed. The password will remain ‘as is’ for everyone at the moment but will be individualised over the next few months. Platinum Members Update As mentioned at our recent meeting on the R.S.Hispaniola Boat the Platinum Meetings will be re-commencing soon, probably soon after the Coventry Show at the end of May. As well as these meetings we are about to engage in a series of ‘Whistle Stop Tours’ to show important people ‘first hand’ our industry and the issues we face. We started by offering slots to Platinum Members and have a good take up already but there will be a lot of important people to show around and we can’t have too many places to visit so all members will get the chance to participate. We intent to host the Mayor’s Office, Local Authorities, TOCU, the PCO, Members of the Transport for London Board and representatives from the Olympic Delivery Authority. It hoped that the Mayor Boris Johnson will be on one of the whistle stops but that will depend on his diary. There will of course be an extra ‘Password Accessed Area’ for ‘Platinum Members’ where Platinum Meeting Information and Minutes, etc. will be stored for access. Once again updates will be received via the ‘E-Alert’ system. www.lphca.co.uk Hosting will involve attending a briefing meeting on the Hispaniola and approximately 45 minutes at your office. Look for the E-Alert to become involved. Licenced Private Hire Car Association Inc London Private Hire Car Association & Graded Private Hire Companies DfT Olympic Route Network Consultation Research Services House Elmgrove Road pic The Olym ork Harrow w Middlesex, HA1 2QG Route Net 19th March 2008 Whilst accepting the need for the ORN, account must be given to its impact on Licensed Private Hire Vehicles, which in London alone stands at some 50,000. At present we do not have access into Bus Lanes in London although this is not the case throughout the country. We are campaigning hard to change this anomaly, hopefully long before 2012. Any squeeze on road space will have an impact on our trade and its smooth operation, regardless. Dear Sir or Madam, Many thanks for giving the LPHCA the opportunity to comment on the Olympic Route Network (ORN) consultation. Unfortunately due to the poor weather in February we were unable to call a formal members meeting to discuss this consultation as we could not get a suitable venue. We have however published a detailed amount of information in our Private Hire News magazine and we have arranged a meeting of members on 2nd April to cover this submission and other matters. We were also omitted from the original consultee’s list, which with Christmas within the consultation period compounded matters. Our first opportunity to meet will be on 2nd April and we hope that any further feedback from members may be put into the ‘thought and consultation process’ with regard to the ORN. It is self evident that an ORN is essential to the wellbeing of the 2012 Olympic Games and its competitors. Licensed Private Hire is the primary mode of Transportation providing ‘Door to Door’ Public and Accessible Transport. We desire ongoing dialogue with the DfT and the ODA regarding the ORN as the arrangements and final details are established. We have the following comments to make. 54 Early Summer 2009 Private Hire News issue 46 As a primary function of the ORN is the facilitation of a clear route for athletes to reach the games unhindered, we would make the comment that access to ORN could be made available to Licensed Modes of Public Transport when exiting the large events when the athletes will have been transported. At our AGM last October the ODA’s Hugh Sumner pointed out that nearly a third of a million people will be leaving the Games on occasions late at night. It is clear that many will be utilising Private Hire and its Accessible Transport, especially as most journeys can only be completed by our mode, which operates beyond the time constraint that applies to bus and rail due to maintenance, etc. For this reason and many others, consideration must be taken to open the ORN to us for the outbound trips to facilitate the fast clearing of passengers. We look forward to hearing the outcome of our points and further dialogue with you in due course. Yours sincerely Steve Wright MBE Chairman LPHCA