Taxis – Operators and Drivers

All traditional taxi providers are now facing stiffer competition following the arrival of technology-driven services such as Uber.

The two tier system that exists between advance booking and Hackney carriages, and the right to “ply for hire”, will continue as far as the Law Commission is concerned. The reality is the benefits and independence granted by “plying for hire” existing for Hackney Carriages are beginning to be eroded.

The increase of “apps” and the immediate booking of journeys, via such devices, brings into question the fairness of the system continuing in its present guise.Both drivers and operators face a myriad of policy enacted by local authorities across the country.

The interpretation of the guidance from the Home Office is varied and may be applied differently from one part of the country to the next.The reality is the impact and interpretation of regulations and taxi law means that a licence (either an Operator or driver) and any infringement of conditions of the licence are in jeopardy, of suspension or revocation, should a driver or a taxi firm be called to appear before a licensing sub-committee.

Enforcement of policy and regulations by Councils is usually via direct enforcement or following complaints from members of the public or dissatisfied customers. Whenever you are the subject of a complaint it is important to be well prepared. Licensing departments will often invite drivers or owners of taxi firms for a quick chat to “sort things out”, encouraging the driver to have a conversation with Council officers.

In some instances sound advice is imparted; however, it must be recognised that such conversations may be used as evidence against the driver or operator should the matter proceed to a sub-committee hearing.

Frequently we encounter both drivers and operators who create greater problems for themselves by not fully considering the matter prior to attending such an interview. It is paramount when called to interview that early advice is sought. This can determine how you respond to an invitation to an interview. The Council still have the power to suspend a licence whether you attend the interview or not, if there is an immediate impact on public safety.

Recent publicity involving taxi drivers across the country has left many Taxi Licencing sub-committees nervous of the impact of their actions. As such they are frequently robust in the sanctions that they confer on errant drivers or operators. Such committees comprise politicians who are given no guidance as to what the penalty should be administered. They are often left with little choice to either revoke or suspend either a driver’s or Operator’s licence. Revocation will often see an individual or Company unable to reapply for either their driver’s or Operator Licence some years ahead and lead to the end of their employment in the industry. Suspension is another option and can culminate in up to 6 months being imposed even for speeding offences.

A driver or a company is still left with a right of appeal to the Magistrates Court within 21 days of written notification of the outcome of a sub-committee hearing. An appeal is a re-hearing where the appellant has the opportunity, as does the respondent, to introduce new evidence as they see fit.

The need for thorough preparation is essential with early advice to collect evidence that may be important to help conduct a robust and successful appeal. Protection of your livelihood and licence must be paramount in your thinking for the future.

It is often the case that circumstances arise that are unpredictable and sometimes members of the trade are found in situations that they never appreciated would occur. Therefore it is important to get early advice and protect yourself, and more importantly, protect your licence.

We are experienced in advising on:

• pre-investigation including interviews with Licencing departments or the police
• advice pre-sub committee stage including representation at hearing
• appeals to the Magistrates Court, and representation at the either the Crown or Magistrates Court for criminal offences or taxi related offence
• sappeals to the Crown Court
• representations to the Disclosure and Barring Serviceemployment advice and agreements
• autonomous vehicles, liability and the future.

Please do not hesitate to ring us for a FREE consultation should any of the issues we mention or anything else arise. We are here to help.