05/05/2023
The UK's taxi and private hire industry is a dynamic and essential part of our transport network, relied upon by millions daily. From bustling city centres to quiet rural lanes, these services play a crucial role, and with that comes a continuous need for robust and evolving regulation. Recently, Reigate and Banstead Borough Council initiated a significant consultation on proposed changes to its taxi and private hire licensing rules, echoing a broader, national drive towards enhanced public safety and service consistency. This article delves into these local developments, placing them within the wider context of the Department for Transport's best practice guidance, offering a comprehensive look at the standards shaping the future of this vital trade across the United Kingdom.
Reigate & Banstead's Regulatory Refresh: A Surrey-Wide Initiative
Reigate and Banstead Borough Council's recent consultation highlights a proactive approach to modernising local licensing frameworks. These proposed changes are not isolated; they stem from the Surrey Licensing Forum, a collaborative effort involving senior representatives from all councils across Surrey. The overarching aim is to foster a more consistent approach to driver training and assessment throughout the county. This consistency is paramount: it seeks to prevent a scenario where a driver failing to secure a licence in one part of Surrey could simply apply for one elsewhere, thereby closing potential loopholes and enhancing overall safety standards.
Central to Reigate and Banstead's proposals are two key alterations. Firstly, the adoption of a new convictions policy is set to ensure that all Surrey councils, when assessing an applicant's suitability for a licence, will rigorously consider criminal convictions. This evaluation will extend beyond just convictions, encompassing other critical factors such as an applicant's general character, any non-criminal behaviour that raises concerns, and pertinent police information. This holistic approach aims to provide a more comprehensive risk assessment.
Secondly, and perhaps most critically, the introduction of mandatory child sexual exploitation (CSE) awareness training for all drivers – both new and existing – is a significant step forward. This safeguarding training is designed to raise drivers' awareness of the signs of child sexual exploitation and, crucially, to equip them with the knowledge and confidence to report any concerns they may have about children or vulnerable adults. As Councillor Graham Knight, Reigate and Banstead Borough Council’s Executive Member for Enforcement, emphasised, this collaborative effort across Surrey councils is vital for preventing the exploitation of children and young people. The consultation, open via a SurveyMonkey webpage until December 2017 (with results analysed and policies agreed in early 2018), serves as a collective endeavour, hosted by Reigate & Banstead on behalf of all Surrey councils to streamline feedback and ensure a unified approach.
The Cornerstone of Public Safety: Best Practice in Licensing
The Department for Transport (DfT) provides comprehensive Best Practice Guidance to assist local authorities in England and Wales in regulating the taxi and private hire trades. This guidance, periodically revised to remain relevant, underscores a fundamental principle: while local authorities retain the autonomy to make their own decisions on policies and individual licensing matters, this guidance serves as a crucial framework. The core objective of licensing is to protect the public, ensuring that passengers can feel confident in the safety of both their driver and vehicle.
However, this protection must be balanced with the public's reasonable access to services. Overly stringent requirements can inadvertently restrict supply, increase operational costs, and even compromise safety by forcing individuals to wait longer for legitimate taxis or, worse, resort to unlicensed vehicles. Therefore, local licensing authorities are encouraged to ensure that each requirement is proportionate to the risk it addresses, with the benefits to public safety outweighing any potential costs or restrictions on service availability.
Consultation is a vital component of this process. It is considered good practice for local authorities to engage not only with the taxi and private hire trades but also with customer groups, including representatives for disabled people, Chambers of Commerce, women's groups, and other transport providers, ensuring a wide range of perspectives are considered before implementing significant policy changes.
Driver Standards: Beyond the Steering Wheel
The integrity and professionalism of drivers are paramount to public trust. Best practice guidance covers a wide array of driver-centric regulations designed to uphold these standards:
Medical Fitness and Criminal Record Checks
Regular medical checks are essential, with many authorities applying the more stringent 'Group 2' medical standards, typically used for lorry and bus drivers. This is due to the extended hours taxi drivers work, their responsibility for public safety, and the potential need to assist disabled passengers or handle luggage. Special provisions exist for drivers with insulin-treated diabetes, aligning with C1 driving standards.
Criminal record checks are another critical safety measure. Local authorities typically require Standard or Enhanced Disclosures through the Criminal Records Bureau, providing details of convictions, cautions, and other relevant police information. A particularly cautious view is taken on offences involving violence, especially sexual assault. For consistency, authorities are advised to have a clear policy on how criminal records are considered, including elapsed time since offences. The Notifiable Occupations Scheme further enhances safety, enabling police to notify licensing authorities of any relevant information that indicates a driver might pose a risk to public safety. Furthermore, authorities are now expected to check an applicant's right to work, utilising resources like the Border and Immigration Agency to verify immigration status.
Training and Proficiency
While the DfT does not mandate specific training courses, it strongly encourages drivers to obtain nationally-recognised vocational qualifications. These qualifications often cover crucial areas such as customer care, effectively meeting the needs of people with disabilities, understanding relevant legislation, road safety, and conflict management. Organisations like GoSkills play a key role in developing these industry standards and supporting training initiatives.
| Aspect | Taxi Driver Requirement | Private Hire Vehicle (PHV) Driver Requirement |
|---|---|---|
| Topographical Knowledge | Good working knowledge of the area for immediate hire; often requires a 'knowledge' test. | Ability to read a map and knowledge of key places; less stringent than taxi drivers due to pre-booking. |
| Driving Proficiency | Standard car licence often sufficient, but some authorities require additional driving tests (DSA offers a taxi-specific assessment). | Standard car licence often sufficient, but some authorities require additional driving tests. |
| Language Proficiency | Authorities may assess communication skills with customers. | Authorities may assess communication skills with customers. |
| Licence Duration | Typically 3 years (legal maximum), with some authorities offering an annual option. | Typically 3 years (legal maximum), with some authorities offering an annual option. |
Licence Duration and EU Licences
Best practice for driver licences suggests a three-year duration, which is the legal maximum, as it reduces administrative burden. However, some authorities offer an annual renewal option to accommodate drivers' preferences. It's also important to note that full driving licences issued by EEA (European Economic Area) states are recognised and count towards the 12-month driving experience requirement for obtaining a taxi or PHV driver's licence.
Vehicles: Fit for Purpose and Public Trust
The vehicles themselves are subject to stringent regulations to ensure passenger comfort and safety.
Vehicle Testing and Age Limits
Annual MOT-equivalent tests are legally required for all taxis, and for PHVs aged three years or older. Best practice extends this annual testing to all licensed vehicles, regardless of age, with more frequent checks (e.g., twice-yearly) often appropriate for older vehicles. While arbitrary age limits for vehicles are discouraged, as older vehicles can be well-maintained, the frequency of testing should reflect their age. Criteria for testing align with MOT standards for mechanical matters, but also include the internal condition of the vehicle, ensuring it is clean and well-maintained for public service.
Accessibility and Disability Awareness
Accessibility is a cornerstone of modern public transport. The Disability Discrimination Act (DDA) 1995 (and subsequent amendments) imposes significant duties on drivers and operators. Taxi drivers of 'taxibuses' (vehicles providing local services) have a duty to assist wheelchair users, carry them safely, and not charge extra. These duties are being extended to drivers of all wheelchair-accessible taxis and PHVs. Furthermore, since 2001 (taxis) and 2004 (PHVs), drivers are legally obliged to carry assistance dogs without additional charge, unless a medical exemption applies. Local authorities are encouraged to work with the trade to improve drivers' awareness of the needs of disabled people and to promote disability awareness training.
Personal Security and Identification
The personal security of drivers and staff is a vital consideration. Local authorities are encouraged to support or actively promote security measures within vehicles, such as screens between driver and passengers, or CCTV. While CCTV can be a deterrent and a source of evidence, care must be taken to ensure it does not impede communication with disabled passengers. Clear identification is also crucial to distinguish between taxis (available for immediate hire) and PHVs (pre-booked only). Best practice for PHVs involves clear signage indicating the operator's details and the words 'pre-booked only', to avoid confusion with taxis. Roof-mounted signs on PHVs are generally discouraged for this reason.
Environmental Considerations and Special Vehicles
Local authorities are increasingly encouraged to align vehicle licensing policies with environmental objectives, such as setting vehicle emissions standards, particularly in Air Quality Management Areas (AQMAs). However, the impact on service supply must be carefully assessed. Stretched limousines, when carrying fewer than nine passengers, are recognised as having a legitimate role as PHVs. Policies that exclude them risk legal challenges and can inadvertently encourage unlicensed operation. Authorities are advised to assess applications for these vehicles on their merits, ensuring they meet safety and compliance standards.
Fair Fares and Flexible Services
Beyond vehicle and driver standards, the economic aspects of the trade also fall under regulatory guidance.
Taxi Fares and Quantity Restrictions
Local licensing authorities typically set maximum taxi fares for journeys within their area. Regular review of these fare scales is considered good practice, taking into account both what is reasonable for the public to pay and the need to incentivise drivers, potentially allowing for higher fares during peak demand. While published fares are a maximum, downward negotiation is possible, particularly for telephone bookings where competition can benefit the customer.
A significant debate in taxi regulation revolves around quantity restrictions on taxi licences outside London. The DfT's strong view is that these controls should generally be removed unless a specific case can be made that they genuinely benefit the consumer. Where restrictions are in place, the onus is on the local authority to demonstrate 'no significant unmet demand' through regular surveys (at least every three years). The presence of a premium on licence plates often indicates unmet demand, as it shows people want to enter the market but are prevented from doing so. The guidance urges authorities to consider the public interest above all else when reviewing such policies.
Flexible Transport Services
Taxis and PHVs can also play a crucial role in providing flexible transport services, particularly in rural areas or for specific community needs. The DfT actively encourages local authorities to promote these innovative uses, which include:
- Shared taxis and PHVs (advance bookings): Where operators match passengers willing to share a vehicle for a lower individual fare.
- Shared taxis (immediate hirings): Authority-initiated schemes allowing taxis to be hired by multiple individuals from ranks at separate, reduced fares.
- Taxibuses: Licensed taxis or PHVs operating a registered bus service under a special Public Service Vehicle (PSV) operator licence, potentially eligible for bus grants.
These models enhance transport availability and offer new business opportunities for drivers and operators.
The Operator's Crucial Role and Vigilant Enforcement
Private Hire Vehicle (PHV) operators play a pivotal role in ensuring public safety, as they are the direct link between the passenger and the driver/vehicle. Licensing objectives for operators primarily focus on the safety of the public who interact with their premises and services. While PHV operators are not subject to the same level of criminal record checks as drivers, a Basic Disclosure (unspent convictions) is deemed appropriate. Good practice dictates that operators maintain detailed records of each booking – including passenger name, destination, driver, vehicle number, and quoted fare – for at least six months. This information is invaluable for tracing purposes, enhancing driver security, and facilitating enforcement. Public liability insurance for premises open to the public is also essential. A licence period of five years is often considered appropriate for PHV operators, given their less direct interaction with the public compared to drivers.
The repeal of the PHV contract exemption in 2008 was a significant change, bringing vehicles previously used for contracts lasting seven days or more into the PHV licensing regime. This expanded the scope of local authority licensing, requiring them to consider a wider range of vehicles and services.
Vigilance and Enforcement
Effective enforcement by local licensing authorities is fundamental to the integrity of the taxi and private hire system. It benefits both the public and legitimate operators by actively targeting those who evade the licensing system. Enforcement efforts should extend to late-night periods, when issues like touting (illegal solicitation of fares by unlicensed drivers) are more prevalent. Collaboration with the police and multi-agency exercises are encouraged. Taxi marshals in busy areas can further assist with crowd control and ensure orderly hirings.
Local authorities often conduct spot checks, which can lead to the suspension or revocation of licences. The Road Safety Act 2006 introduced the power for authorities to suspend or revoke a taxi or PHV driver's licence with immediate effect on safety grounds, a power reserved for cases where the risk is substantial and justifies such swift action.
Historically, some local authority areas have been divided into taxi zones, restricting drivers to ply for hire only within specific areas. The DfT strongly recommends the abolition of such zones. This is primarily for the benefit of the travelling public, as zones can diminish the supply of taxis, limit customer choice, and create confusion. Abolishing zones can also lead to simpler administration, more efficient enforcement, and improved fuel efficiency as taxis can pick up passengers anywhere within the licensed area without needing to return to a specific zone.
Finally, taxi and private hire services are increasingly integrated into broader Local Transport Plans (LTPs). These plans, developed by local transport authorities, outline strategies and policies for transport in their area. Taxis and PHVs play a valuable part in achieving LTP objectives, with key policy themes often including service availability, accessibility, fare structures, provision of taxi ranks, and the encouragement of flexible transport solutions.
Frequently Asked Questions
What is the primary goal of taxi and private hire licensing?
The primary goal is to protect the public, ensuring that passengers are safe when using these services. This involves regulating drivers, vehicles, and operators to meet specific standards.
Why is mandatory child sexual exploitation awareness training being introduced?
This training is being introduced to raise drivers' awareness of the signs of child sexual exploitation and to empower them to identify and report concerns about children or vulnerable adults, thereby enhancing safeguarding measures within the industry.
Can a driver who fails to get a licence in one area apply in another?
The aim of initiatives like the Surrey Licensing Forum is to create a more consistent approach across council areas, making it much harder for a driver to fail in one area and then successfully apply for a licence in another. This promotes higher, more uniform standards.
Are there specific rules for stretched limousines?
Yes, if they have fewer than nine passenger seats, stretched limousines can be licensed as Private Hire Vehicles. Licensing authorities are encouraged to assess these applications on their merits, ensuring they meet safety and compliance standards, rather than excluding them as a matter of principle.
What is the 'Notifiable Occupations Scheme'?
This scheme allows police to notify relevant local licensing authorities if a licensed taxi or PHV driver comes to their notice and is deemed to pose a risk to public safety, ensuring that any new relevant information is shared promptly.
Do taxi fares vary by time of day?
While local authorities set maximum taxi fares, they can incorporate a graduation of the fare scale by time of day or day of the week, allowing for higher fares during periods of higher demand to incentivise drivers.
Why are taxi zones being abolished in some areas?
Taxi zones are being abolished to benefit the travelling public by increasing the supply of available taxis, enhancing customer choice, and reducing confusion. It also streamlines administration and improves fuel efficiency for drivers.
Conclusion
The evolution of taxi and private hire licensing in the UK, as exemplified by Reigate and Banstead's recent consultation and the broader DfT best practice guidance, underscores a commitment to public safety, consistency, and efficient service provision. From rigorous driver checks and mandatory safeguarding training to accessible vehicles and fair fare structures, the regulatory landscape is continually refined to meet the needs of a modern transport system. For both passengers and industry professionals, understanding these regulations is key to fostering a safe, reliable, and high-quality taxi and private hire experience across the nation.
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