Taxi Forum 14 February 2017, Chertsey Hall The Forum was attended by 11 members of the Hackney Carriage and Private Hire trade and chaired by Councillor Richard Edis, Councillors Jacqui Gracey, Margaret Harnden and David Parr having submitted apologies for absence in advance. The meeting was also attended by Robert Smith and Jill Tyne, notes of the meeting taken by Clare Pinnock, Runnymede Borough Council. 1. What representation has the Council made to TFL regarding the influx of Uber mini cabs to the Runnymede area to the cost of the local taxi companies and independent Runnymede drivers? Mr Smith re-stated the position that Uber and any other out of area operator can legally work in Runnymede as long as the work is pre-booked and that the same applies to Runnymede operators working in another area. The fact that Uber and others have taken advantage of this was not the fault of TfL or Runnymede. It was stated that the Licensing section cannot complain to TfL about the impact of Uber and others, that is not our function and we hold no authority or influence over Tfl . Mr Smith suggested the best way to bring this to TfL’s attention was through the London Mayor, either as a trade body or through local councillors. It was thought that TfL were aware of the impact on other areas but as it was legal there was little room for manoeuvre. The technology had overtaken the legislation and only a legislative judgement would help the situation. Some of the drivers, particularly those from Egham, said that they were outnumbered by Uber drivers 4:1 on a daily basis and that their livelihoods were being seriously affected by Uber effectively plying for hire using their app. because although they had to work for an operator people could not book them in advance and could only use Uber if they were in the area. Like other PH drivers, Uber did not have to return to base after a job and only true HC drivers could sit on the ranks. However, confusion was caused by Uber referring to themselves as HC drivers and ‘taxis’. It was further expressed by drivers that TfL were taking over licenses nationwide and that eventually local authority licensing would become obsolete. Councillor Edis expressed sympathy with the drivers and confirmed that he would raise the matter with Phillip Hammond MP later that week. He also encouraged individual drivers and operators to make representations themselves. It was understood that appointments could be made via his secretary to attend his local surgery. However, some drivers thought that the Government were unconcerned by Uber because it made the unemployment figures look better to not account for approximately 33,000 drivers. The drivers felt that all local authorities should get together and challenge Uber with legal assistance and ask advice from councils such as Brighton and Hove and Liverpool City Council. They felt that the Government’s agenda was to look after TfL and increase revenue from the congestion charge and in turn TfL rates were low which attracted more Uber applications and Uber were then able to undercut the market. An article in the Financial Times was referred to as evidence of this and incidents of their standard of driving were discussed. There was a lot of frustration that the Council was not doing more about Uber, despite their limited powers. The recent petition to the Government was referred to. Unfortunately because it referred to the generic term of ‘taxis’ the call to stop out of borough working would affect HC drivers working as PH outside their area. HC could work outside of their area as long as it was not their main employment. It was noted that the Law Commission had wanted to keep the distinction between HC/PH but the Government had not moved forward on this. Action Mr Smith agreed to provide Tony Grinham with details of the relevant enforcement Officer(s) at RBWM/TFL? 2. Policing and Crime Bill (PCB) Implementation The PCB had received Royal Assent on 1 February 2017. Although the new Policing and Crime Act dealt predominantly with police reform, there were a number of licensing measures included. For example, in response to the Rotherham case, Section - 179 Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults, introduces a new discretionary power for the Secretary of State to issue statutory guidance “…to public authorities as to how their licensing functions under taxi and private hire vehicle legislation may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.” The forum were reminded about the forthcoming CSE awareness training on Tuesday 21 March at the Civic Centre from 10am – 12 noon. This training was designed to help people identify some of the warning signs of CSE and understand how to report their concerns. The training will be delivered by Maria Edwards, the Surrey Police Advisor for Child Abuse and CSE and further educational materials will be made available to businesses following an official launch of Operation Makesafe at an event in March 2017. 3. New Taxi Licensing Policy The forum noted that the approved policy would be adopted by full Council on 2 March 2017. Action The new policy would be notified to all relevant parties by Mr Smith when it took effect after the meeting. 4. Fees The forum was referred to the letter concerning fees that had been approved by the Regulatory Committee in January 2017 after hearing representations received. Mr Smith stated that the fees has only increased marginally and that the process of fee setting had taken into account changes to processes and procedures which helped to keep costs down despite an increase in running costs. Mr Smith confirmed that enforcement costs could not be part of the fee calculations. 5. DBS procedure change The forum was referred to a letter outlining the changes to the DBS procedure (see attached) The problem for drivers without internet access was acknowledged, but there were PCs that were available in public libraries and at the Civic Centre. 6. Discrimination against wheelchair users Drivers were advised that from 6 April 2017 it would be illegal for taxi drivers to discriminate against wheelchair users. For example, if a driver refused to transport someone using a wheelchair or attempted to charge extra. Taxi and PH drivers would be obliged to: transport wheelchair users in their wheelchair provide passengers in wheelchairs with appropriate assistance charge wheelchair users the same as non-wheelchair users Mr Smith confirmed that the new rules affect vehicles that are designated as wheelchair accessible and will apply to both taxis and private hire vehicles. In a change to the law, drivers found to be discriminating against wheelchair users face fines of up to £1,000 as part of provisions being enacted from the Equality Act. Drivers may also face having their taxi or private hire vehicle (PHV) licence suspended or revoked by their licensing authority. It was acknowledged that some of the electric wheelchairs were heavy but that Drivers unable to provide assistance for medical reasons will be able to apply to their licensing authority for an exemption from the new requirements. This led to a discussion about transporting dogs; including guide dogs which some thought they should be able to refuse. It was confirmed that this was not an option and that assistance dogs were very well behaved. It was refuted that there was an additional cost to transporting assistance dogs and that this form of discrimination would not be condoned. The forum was directed towards a leaflet produced by Guide Dogs UK (also on website) about promoting good practice with regard to blind people and their assistance dogs. 7. Enforcement Update Mr Smith advised that on Monday 5 December 2016 Taxi Licensing Officers from RBC took part in a joint operation with 2 TfL Enforcement Officers and Surrey Police. The licensing team considered the joint operations with Tfl enforcement officers and Surrey Police to have been very worthwhile and both Tfl and the Police were more than happy to carry out further work in the Borough. Further joint operations would be carried out when time permitted. The result of this previous operation had been circulated to the trade and was not repeated at the forum although the previous circulation has been repeated below. The purpose of this operation was to check vehicles and drivers operating in the Egham area were operating legally. A total of 29 vehicles were stopped, 16 of these were licenced with TfL, 5 with Windsor & Maidenhead and 8 with Runnymede. Enforcement action was taken against 12 drivers for failing to wear their hackney carriage or private hire drivers badge, 3 drivers for using vehicles with defective tyres or wheels and one for having an illegal number plate. Further investigations are being made into one driver suspected of having no insurance. It was noted that only the Police could check if insurance was ‘live’ and valid. A further operation was carried out on Wednesday 7th December when Taxi Licensing Officers from RBC took part in a joint operation with Surrey Police and a further 18 licensed vehicles were stopped for minor traffic violations. Three drivers from an out of area operator have attended the Civic Centre in relation to parking on the ranks at Egham station. All were interviewed under caution and fully admitted the violation , they were all given written warnings regarding their action and their operator was informed. More operations with TfL and Surrey Police were planned, resources permitting. 8. Taxi Rank markings It was hoped that once the works at Chertsey station had been completed the request for fresh markings at Chertsey and Egham could be pursued. The Licensing section had been assured that provision for taxis would be made in the new Addlestone One development. It was disappointing that the Egham situation had not improved as the RBC bid had been turned down by Surrey County Council. The provision would continue to be monitored and and early bid would be made for taxi ranks in Egham’s redevelopment The rank signage at and outside Virginia Water Railway station continued to be an issue for some drivers who wanted additional signposting as they felt the existing sign, although legal, was not sufficient. 9. Driving Licence checks Drivers were advised that all DVLA checks were now carried out online, all the Licensing section needed from the drivers is an access code from the DVLA shared driving licence service, these checks are carried out yearly on the anniversary of a licence’s issue date. Mr Smith explained that drivers would save money as they would not be charged the £13 fee which had been in place for the request of the printed copy of their licence. Drivers without internet access or expertise felt disadvantaged. 10. CSE Training Surrey authorities were working on a County-wide policy and training. Mandatory training would follow in due course; but optional awareness training was also recommended. Action An invitation to the free awareness training event on 21 March 2017 would be sent to all drivers and operators (see attached) 11. Using your horn at Egham rank The Forum was advised that complaints from residents had been received about drivers using horns inappropriately and causing a noise problem. Mr Smith stated that South West Trains could withdraw their contract for using their ranks at Egham Railway Station if it continued. Some drivers did not think the complaints were valid, nevertheless it was a good idea to maintain positive public relations. 12. AOB MOT advisories Mr Smith confirmed that vehicles with MOT advisories on tyres, brakes or suspension would not be accepted under the new policy. Mrs Tyne added that there could be some discretion on tyres and the acquisition of a tread depth gauge would help them decide whether to accept a vehicle or not. On balance drivers agreed that safety came first but that discretion would be useful. The Chairman thanked everyone for their input and attendance. The meeting finished at 12.20pm
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