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Reforming the law of taxi and private hire services Frances Patterson QC LPHCA 14 June 2012
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The Law Commission Independent body created by statute Responsible for systematic development and reform of law in England and Wales Consultation period until 10 September 2012 Open and full consultation The Law Commission
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Adult Social Care Project A project to review and reform the UK law relating to taxis and private hire vehicles in England and Wales Suggested by the Department for Transport The taxi and PHV project
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Outline of project Stage 1: Pre consultation Stage 2: Public Consultation May 2012Publication of consultation paper May - September 20124 month public consultation Stage 3: Draft Bill and report Publication November 2013 Legislation before the end of the current Parliament?
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Methodology of our review Understanding the trades in practice Review of existing legislation Re-structuring: fragmented legislation and development of coherent policy
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2. The process for assessment Impact on private hire – an overview London to be regulated within same framework as England & Wales. Retention of the two-tier system, with a statutory definition of plying for hire. National safety standards. Removing restrictions on cross-border hire and sub-contracting. Improved enforcement.
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Local authority remains responsible for licensing. All PH vehicles, drivers and operators subject to national standards relating to safety, set by the Secretary of State. Licensing authority unable to impose additional conditions of licence. Should local authorities retain power to set signage conditions? National mandatory safety standards
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Standards Removal of “triple licensing” requirement – operators can use vehicles and drivers licensed in other areas. Allowing sub-contracting. National safety standards for taxis and PHVs will prevent “Berwick” type situations. Cross-border working
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Operator licensing No extension of operator licensing to intermediaries and aggregators. Taxi radio circuits and taxi drivers taking pre- bookings. “Fit and proper” criteria.
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Uniform national standards for taxis and private hire to assist with enforcement. Licensing officers can enforce against out-of- area vehicles. Enhanced enforcement powers. Enforcement
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Broad definition of taxis and private hire vehicles – could include limousines, motorbikes and wedding and funeral cars. Possibility of using term “pre-booked taxi” for private hire vehicles. All drivers to have disability awareness training. Final points
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Q & A
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For further information contact: AddressSteel House 11 Tothill Street London SW1H 9LJ Telephone0203 334 0266 Emailtph@lawcommission.gsi.gov.uk Websitewww.justice.gov.uk/lawcommission/index.htm
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