Wednesday, September 14, 2016

It's All Going On In The BackGround....Or Is It?


Andrew Jones, the Parliamentary Under-secretary for the Department of Transport finally answers written question to him made in July.

Photo of Sarah ChampionSarah ChampionShadow Minister (Home Office)

To ask the Secretary of State for Transport, with reference to the letter of the then Parliamentary Under-Secretary of State to the right hon. Member for Rotherham on 8 July 2016, on clause 145 of the Policing and Crime Bill, when the Government expects to publish a timetable for its (a) consultation on taxi and private hire vehicle licensing and (b) publication of guidance.



Photo of Andrew JonesAndrew JonesParliamentary Under-Secretary (Department for Transport)

The Government expects to publish the timetable for the full public consultation on the local authority Best Practice Guidance for Taxis and Private Hire Vehicles in advance of Royal Assent of the Policing and Crime Bill. The government aims to launch the full public consultation upon Royal Assent of the Bill.

The Guidance will be published following completion of the full public consultation and once any amendments have been made.

Photo of Daniel ZeichnerDaniel Zeichner Shadow Minister (Transport)

To ask the Secretary of State for Transport, if he will introduce new national regulations for private hire driver licences in line with Transport for London's new regulations for private hire drivers which will come into force on 1 October 2016.


Photo of Andrew JonesAndrew JonesParliamentary Under-Secretary (Department for Transport)

The Government wants to see taxis and private hire vehicles prosper in London and elsewhere. The regulations issued by Transport for London are a matter for them as the local licensing authority. The legislation that provides for licensing of taxi and private hire vehicle services is enabling in its nature, giving local licensing authorities the discretion to set standards that they deem to be appropriate for their area.


Editorial Comment by Jim Thomas :
So there you have it in the words of the under secretary....
The regulations issued by Transport for London are a matter for them as the local licensing authority. The legislation that provides for licensing of taxi and private hire vehicle services is enabling in its nature, giving local licensing authorities the discretion to set standards that they deem to be appropriate for their area.

It would seem by this statement, that TfL have the right to set standards.
Surely, putting a limit on the amount of PH licenses issued at any time, is a matter of setting a standard to protect the trade from over supply???



4 comments:

Anonymous said...

Dead right Jim, that's why we should keep hitting TFL offices on demonstrations.

Thefat Girl said...

https://www.change.org/p/theresa-may-mp-stop-the-deregulation-of-phv-as-quoted-on-page-9-of-the-tourism-action-plan?recruiter=100972240&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_page&utm_term=des-lg-share_petition-no_msg&fb_ref=Default
Please sign and share, hopefully it will stop private hire doing cross boarder hiring

Anonymous said...

Capping, which is only currently permitted outside London, is not an issue of driver or vehicle standards setting.

Although higher standards can be an alternative means of restricting supply.

Anonymous said...

It is a complete abandonment of all parliamentarian acts set up to formulate a fit and proper London Taxi Trade and effectively throw us to Ex Bus drivers and similar who now rule the roost at TFL, if I only work one day a week and spend the other six on demonstrations making that point so be it.

I know I keep on bringing the Card processing subject into focus on this forum, but it is so important to emphasise how completely wrong TFL has got this subject due to the non agreement and therefore alienation of Licensed Taxi drivers under duress and PCO notice 13/16 is a prime example.

If I understand it correctly and as it stands now, All Taxis will be passed (licensed) up to and including 31st October 2016, and therefore from 1st November 2016 any form of sensible hand held card processing equipment (which includes printer) will now be allowed and any vehicle with such equipment will be passed (licensed).

But, From 00.01 1st January 2017 all Taxis must have passenger compartment fitted Card reading devices (currently approved) or consequences will be brought (but no mention yet as to what those consequences are?)

So if I have PCO 13/16 correct to date...up to midnight on 31st December 2016 (new years eve) every London Taxi is available to work with a hand held device, and then only taxis with rear passenger fitted equipment can continue to work through the early hours 00.01 1st January 2017...

This is exactly what I have always said about salaried staff and in house lawyers at TFL on a dictatorial emphasis on things they try to have little interest in... us as only fools could make such an absurd licensing declaration at one of taxi drivers most busiest evenings!

PCO notices must always contain Statutes of current UK law, and nothing on this pount has ever been mentioned including during the so called consultation period where Legal input was obviously discussed, so we are surely entitled the general principle of UK law as UK Citizens and individual business proprietors especially how no other businesses have a statutory duty under UK law to accept any cards (such as licensed public houses and restaurants) a method of payment in legal tender or any other basis.

This is therefore not a point of licensing decision regarding where a licensing authority decides, but simply where a card processing machine is visibly placed deliberately causing and creating an atmosphere of argument and assuming the public backing regarding the card reader in our vehicle of businesses as it is a deliberate attempt to cause passenger verses driver friction created to deliberately coerce drivers by passenger pressure into taking a method of payment it legally cannot force upon you otherwise under the law of the land, so putting it simply....it is your reaction or conflicting attitude towards a passenger on refusal within the vehicle if they force a card reader into your cab with card stickers all over the cab instead of justifying in law how you should accept payment in the first instance?.. So lets hope the next PCO notice states the precisely what exact law of your disagreeing to accept card payments infringes under UK consumer law, because there isnt one.

TFL Should have never ventured down this road of hollow call my bluff ineptitude, and if you cover your machine with an old sock you will be falling into their trap they have cunningly laid under licensing terms of your vehicle...hence why all the proposed road side compliance inspections by 250 extra staff, but if you refuse to accept card payments one to one at the start of "any journey you choose" under current legal tender and consumer trading laws you are covered, but dont ask me...ask a lawyer just as I have, ... LTDA, LCDC, RMT, UCG.. the list goes on... ask them and dont be fooled.

Be Lucky

greenbadgejohn.