Understanding Taxi Touting and Plying for Hire

The question of whether a vehicle being "touted" is available for hire is a pertinent one within the taxi and private hire industry. In essence, "touting" in this context refers to the illegal practice of soliciting passengers for hire, often by unlicensed or improperly licensed vehicles. This is distinct from a legitimate taxi driver actively looking for fares, which is perfectly legal. The practice of touting, along with "plying for hire," represents a significant challenge to the regulated taxi trade across the United Kingdom. This article delves into the intricacies of these offences, the difficulties in their enforcement, and the broader implications for both drivers and the public.

Defining Touting and Plying for Hire

At its core, illegal plying for hire involves a vehicle, typically a private hire vehicle or an unlicensed vehicle, stopping to pick up passengers who have hailed them from the street. This is a privilege exclusive to licensed Hackney Carriages, which are permitted to accept street hails within their designated licensing authority's area. Taxi touting, on the other hand, is the more active solicitation of passengers. This can range from drivers approaching people directly outside venues like pubs and clubs, to displaying roof signs that mimic those of licensed taxis, thereby misleading the public into believing they are hiring a legitimate service.

The distinction between these two offences is crucial for understanding the legal framework. While both are illegal, touting is specifically addressed under Section 167 of The Criminal Justice and Public Order Act 1994, which defines it as "Touting for hire car services." This legislation makes taxi touting an arrestable criminal offence. Illegal plying for hire, however, is a broader offence that covers the act of making a vehicle available for hire without the proper licensing. Both practices are often intertwined, with touting frequently leading to illegal plying for hire.

The Scale of the Problem

The information compiled in July 2011 highlights that both illegal plying for hire and taxi touting were, and continue to be, widespread issues across the UK. They are particularly prevalent in large cities and towns, including Birmingham, Manchester, Liverpool, Newcastle-upon-Tyne, Bristol, and Milton Keynes, with London also facing significant challenges. The problem is not confined to local operators; vehicles licensed by neighbouring authorities, or even those from much further afield, often operate illegally within different jurisdictions. This cross-border issue complicates enforcement efforts significantly.

The sheer volume of these violations can be overwhelming for local authorities. In Birmingham, for instance, the situation was described as being "totally and utterly overwhelming," with licensed vehicles from surrounding areas like Dudley, Sandwell, Solihull, and Walsall actively touting and plying for hire. Private hire vehicles, in particular, were noted for displaying roof signs, mimicking licensed taxis and attracting unsuspecting passengers.

Enforcement Challenges and Legal Framework

Enforcing legislation against illegal plying for hire and touting presents considerable difficulties. Under current legislation, illegal plying for hire is often described as being "impossible to eradicate; it’s like emptying a swimming pool with a teaspoon." Council licensing enforcement officers are primarily responsible for tackling illegal plying for hire. However, no licensing authority has yet found a consistently effective method to combat this issue.

The enforcement of taxi touting falls under Section 167 of The Criminal Justice and Public Order Act 1994. While this makes it an arrestable criminal offence, it appears that police enforcement has been inconsistent. Despite Home Office announcements in 2003 suggesting that taxi touts could face fingerprinting and DNA recording, the impact on police response has been minimal. It's often observed that police tend to "turn a blind eye" to these activities during busy periods, such as pub and club closing times, prioritizing the rapid clearing of streets to prevent public order offences.

The potential penalties for taxi touting can be substantial, with the Magistrates’ Court Sentencing Guidelines (May 2008) indicating a maximum fine of £2,500. However, this deterrent appears to be largely ineffective.

The Role of Licensing Authorities and Case Law

Licensing authorities are continuously seeking methods to address illegal plying for hire. In Birmingham, the "Woodings" case law (Nottingham City Council –v- Woodings) has been used to prosecute for illegal plying for hire without the need for "test purchases," simplifying the administrative process and leading to an increase in prosecutions. However, even with dedicated enforcement officers, such as Graeme Blakey in Birmingham, the efforts were described as merely "scratching the surface."

The effectiveness of enforcement is also impacted by funding models. A Guildford Borough Council decision by the District Auditor questioned the recovery of enforcement costs through licence fees. The Auditor concluded that only the costs of issuing and administering licences were recoverable, not broader enforcement costs. This ruling has significant implications for the funding of enforcement activities nationally, potentially hindering the ability of licensing authorities to proactively tackle illegal practices.

Licence Suspensions and the Risk of Circumvention

A common approach to penalise drivers convicted of illegal plying for hire has been the suspension or revocation of their private hire driver's licence. The Hackney Carriage trade generally supports immediate revocation, arguing that a driver convicted of such an offence is no longer a "fit and proper" person to hold a licence. The rationale behind this is that a suspension, such as for six months, raises questions about why the driver is considered unfit today but acceptable in the future.

However, a significant loophole exists that undermines these disciplinary actions. Drivers who have their licences suspended or revoked in one authority can often obtain a Hackney Carriage licence from a different, less regulated authority. They can then continue to operate within their original jurisdiction, working for the same private hire operators, but now displaying a "TAXI" sign. This phenomenon, as seen with over 700 Hackney Carriage licences issued by Berwick-upon-Tweed Borough Council being used by drivers operating far from their licensing area, poses a serious threat to the integrity of the licensing system and leads to a loss of revenue for more diligent authorities.

London's Approach

London, with its own specific regulatory framework under the Private Hire Vehicles (London) Act 1998, also grapples with similar issues. The rise of "clipboard Johnnies" – individuals who solicit passengers on the street outside popular venues – exemplifies the persistent problem of touting. The Metropolitan Police have implemented visible deterrents, such as large stickers on arrested vehicles stating, "Driver Arrested on Suspicion of Touting."

The Mayor of London has also proposed more stringent measures, including increased penalties, powers to seize vehicles used in touting and unlawful plying for hire, and clearer definitions of these offences. The "Rout the Tout" campaign, launched in 2007, continues to evolve, but progress remains challenging, prompting calls for legislative amendments.

The Way Forward: Collaboration and Pressure

The consensus among those involved in the regulated taxi trade is that a multi-faceted approach is necessary. This includes:

• Reciprocal Arrangements: Encouraging collaboration between licensing enforcement departments of neighbouring councils, and ideally on a national level, is crucial. The Merseyside region's reciprocal agreements serve as a positive example.
• Stronger Deterrents: Implementing more robust penalties, including immediate licence revocation for serious offences, could act as a more effective deterrent.
• Legislative Reform: Clearer definitions of touting and plying for hire, along with increased penalties and powers for enforcement, are needed at a national level.
• Public Awareness: Educating the public about the risks associated with using unlicensed or illegally operating vehicles is essential.
• Political Pressure: Making strong representations to government departments and parliamentary committees is vital to drive the necessary legislative changes.

The issue of illegal plying for hire and taxi touting is a complex and persistent one. While significant efforts are being made by some licensing authorities and within the industry, the current legal and enforcement framework often proves inadequate. Addressing this requires a concerted effort from all stakeholders, including government, local authorities, and the public, to ensure a safe and fair taxi and private hire market.

Frequently Asked Questions

What is the difference between touting and plying for hire?
Touting is the active solicitation of passengers, while plying for hire is making a vehicle available for hire without the proper licence, often by picking up street hails. Both are illegal for unlicensed or private hire vehicles.

Can any vehicle offer a taxi service?
No, only licensed Hackney Carriages can accept street hails. Private hire vehicles must be pre-booked.

What are the penalties for touting?
Taxi touting is an arrestable criminal offence with a maximum fine of £2,500. Drivers can also face licence suspension or revocation.

Why is it so difficult to stop illegal plying for hire?
Enforcement is challenging due to the widespread nature of the problem, the difficulty in catching offenders in the act, and legislative gaps. The ability for drivers to obtain licences from less regulated authorities also undermines disciplinary actions.

What can passengers do to avoid illegal taxis?
Only use vehicles displaying a valid Hackney Carriage licence or pre-book a licensed private hire vehicle. Be wary of drivers soliciting passengers on the street, especially outside venues.