Legislation, Legislation, Legislation is all you need… by Lee Ward.

So, that old chestnut legislation, you know, the thing that every politician falls back on when the industry want something changed to protect its future or indeed the public. That word legislation where they make out that a report must be done, then a consultation, then it goes through Commons and then Lords before it gets the Royal approval to become Law. We have all heard it right?

And then we go away expecting that in the background someone somewhere has started this report to get the ball rolling and in a few years’ time, if we are still around, it comes to pass and all will be well again…

Well, I will be honest, that’s how I thought it went anyway. Until today.

You see, I found out today while searching the internet as I do between jobs (yes, I have time to do a lot of surfing these days) I came across something on the Governments website and it’s to do with Legislation (http://j.mp/2ky8d0t)

Delegated Legislation

Delegated or secondary legislation is usually concerned with detailed changes to the law made under powers from an existing Act of Parliament. Statutory instruments form the majority of delegated legislation but it can also include Rules or Codes of Practice.

What delegated legislation does

Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament. The original Act (also known as primary legislation) would have provisions that allow for future delegated legislation to alter the law to differing degrees.

These changes range from the technical, like altering the level of a fine, to fleshing out Acts with greater detail; often an Act contains only a broad framework of its purpose and more complex content is added through delegated legislation.

So, let me get this right, all those issues about Cross Border Hiring, Hackneys working as Private Hire Vehicles hundreds of miles away from where they are licensed, an App being legal or not and even capping of licenses could be dealt with easily because all that was needed was the 1976 Act needed ‘fleshing out’ with more detail, detail that would clarify what the intention of the Act was in 1976 before technology blurred the borders of one area to the next simply because the industry no longer relies on a radio waves ability over distanceto transmit the information to the mobile radio in a driver’s car…

Wow, it’s that easy to deal with, and so difficult for the people that we vote into power to explain to us and then kick into gear. All we needed was someone who is an MP and a Lawyer to know this, hands up if anyone is both of these…

And we have a winner !!!

 

So answer me this then, why does it take a humble, uneducated (scratch that, for a change I will not lower myself, I deserve more than that even if I say it myself) hard working driver to find these solutions when the people that get paid the money will not come forward with the answer to the problem.

As usual I dug further on what I have found and I came up with this in regards to the Local Government (Miscellaneous Provisions) Act 1976

(http://j.mp/2kylshE)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters

23 changes and effects yet to be applied

Commencement Orders yet to be applied to the Local Government (Miscellaneous Provisions) Act 1976

3 Commencement Orders yet to be applied.

So it is and can be done, as shows with the TWENTY SIX changes to the 1976 Act that governs our industry that I doubt very few had even been aware had changed, apart from perhaps Section 61 as amended by Section 52 of the Road Transport Act 2008, I assume you all know about that one, it is 8 years old after all.

I mean, you guys know all about the changes to the LGMPA 1976 because in 2016 they introduced the Immigration Act and all the changes that it made to the LGMPA 1976, didn’t you?

Well have a look, it shouldn’t take long, because we would have known all about it, or they would have at least the decency to deal with the issues of our trade in 2016 while they had their thinking caps on and quills at the ready (http://j.mp/2kymDgP)

Calmed down yet? Or did you dare not look….

So we have a problem, and we need a solution, I believe this solution is found by the following Formula

 

Therefore, my proposals by using the Delegated Legislation to the LGMPA 1976 would be as follows, and I have put what I propose in red for ease of reference

47​Licensing of hackney carriages.

47​Licensing of hackney carriages.

(1) A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary. 

(2) Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage. 

(3) Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates’ court.

 

48 ​Licensing of private hire vehicles.

(1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence: 

Provided that a district council shall not grant such a licence unless they are satisfied— 

(a) that the vehicle is— 

(i) suitable in type, size and design for use as a private hire vehicle; 

(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage; 

(iii) in a suitable mechanical condition; 

(iv) safe; and 

(v) comfortable; 

(b) that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of [F2Part VI of the Road Traffic Act 1988], 

and shall not refuse such a licence for the purpose of limiting the number of vehicles in respect of which such licences are granted by the council.

(2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary including, without prejudice to the generality of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which the licence relates. 

(3) In every vehicle licence granted under this section there shall be specified— 

(a) the name and address of— 

(i) the applicant; and 

(ii) every other person who is a proprietor of the private hire vehicle in respect of which the licence is granted, or who is concerned, either solely or in partnership with any other person, in the keeping, employing or letting on hire of the private hire vehicle; 

(b) the number of the licence which shall correspond with the number to be painted or marked on the plate or disc to be exhibited on the private hire vehicle in accordance with subsection (6) of this section; 

(c) the conditions attached to the grant of the licence; and 

(d) such other particulars as the district council consider reasonably necessary. 

(4) Every licence granted under this section shall— 

(a) be signed by an authorised officer of the council which granted it; 

(b) relate to not more than one private hire vehicle; and 

(c) remain in force for such period not being longer than one year as the district council may specify in the licence. 

(5) Where a district council grant under this section a vehicle licence in respect of a private hire vehicle they shall issue a plate or disc identifying that vehicle as a private hire vehicle in respect of which a vehicle licence has been granted. 

(6) (a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.

(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence. 

(7) Any person aggrieved by the refusal of a district council to grant a vehicle licence under this section, or by any conditions specified in such a licence, may appeal to a magistrates’ court.

 

Hold on, have I not just dealt with Cross Border Hiring and the drivers who go and get a Hackney License somewhere that’s easy to obtain and then work as a Private Hire elsewhere?

Well, lets be safe about the Hackneys working as Private Hire shall we.

67 Hackney carriages used for private hire.

(1) No hackney carriage shall be used in the district under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or tables mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

(2) Any person who knowingly contravenes this section shall be guilty of an offence.

(3) In subsection (1) of this section “contract” means—

(a) a contract made otherwise than while the relevant hackney carriage is plying for hire in the district or waiting at a place in the district which, when the contract is made, is a stand for hackney carriages appointed by the district council under section 63 of this Act; and

(b) a contract made, otherwise than with or through the driver of the relevant hackney carriage, while it is so plying or waiting.

 

But, lets be clear on the Operators also, it would be only right, after all

56 Operators of private hire vehicles.

(1) For the purposes of this Part of this Act every contract for the hire of a private hire vehicle licensed under this Part of this Act shall be deemed to be made with the operator who accepted the booking for that vehicle whether or not he himself provided the vehicle.

(2) Every person to whom a licence in force under section 55 of this Act has been granted by a district council shall keep a record in such form as the council may, by condition attached to the grant of the licence, prescribe and shall enter therein, before the commencement of each journey, such particulars of every booking of a private hire vehicle invited or accepted by him, whether by accepting the same from the hirer or by undertaking it at the request of another operator, as the district council may by condition prescribe and shall produce such record on request to any authorised officer of the council or to any constable for inspection.

(3) Every person to whom a licence in force under section 55 of this Act has been granted by a district council shall keep such records as the council may, by conditions attached to the grant of the licence, prescribe of the particulars of any private hire vehicle operated by him and shall produce the same on request to any authorised officer of the council or to any constable for inspection.

(4) A person to whom a licence in force under section 55 of this Act has been granted by a district council shall produce the licence on request to any authorised officer of the council or any constable for inspection.

(5) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

 

And that’s just clarified the acceptance of bookings made by Apps.

This brings the LGMPA 1976 into the modern world while keeping the true intentions of the Act safe and secure, now who wouldn’t want that?

Granted, I am not a legal eagle and maybe my wording would need a slight tweak here and there, but it cost me a total of 2 pint cans of Stella Artois and 6 cigs to sort this out, now that’s a Yorkshireman’s budget if ever there was one.

So it was that easy Wardy? Yes mate, it was…..

 

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Breaking News : Uber Boss Quits Trump Advisory Group After People #DeleteUber En Masse.

Travis Kalanick, the chief executive of ride-sharing service Uber, has stepped down from President Donald Trump's economic advisory group after strong criticism from staff and the public.

The board, which also counts Tesla chief executive Elon Musk as a member, is due to meet the president on Friday.

Uber is one of several technology firms concerned over the impact of the immigration ban on its workforce.

The company said it had set up a $3m legal fund to help those affected.

These may include Uber's own drivers. 

Mr Kalanick informed his employees on Thursday about his decision.

In a memo to staff seen by the BBC he said: "Joining the group was not meant to be an endorsement of the president or his agenda but unfortunately it has been misinterpreted to be exactly that.

"Earlier today I spoke briefly with the president about the immigration executive order and its issues for our community," he wrote. 

Appearing frustrated with how his involvement was being interpreted in the press, Mr Kalanick added: "The implicit assumption that Uber (or I) was somehow endorsing the Administration's agenda has created a perception-reality gap between who people think we are, and who we actually are."

The move was backed by the Independent Drivers Guild which represents Uber drivers in New York.

"This is an important show of solidarity with the immigrant drivers who helped build Uber and number over 40,000 in New York City alone," said the group's founder, Jim Conigliaro.

"We are heartened that Uber has listened to the drivers and the community on this important issue that is so integral to the promise of the American dream."

Uber has come in for some heavy criticism since President Trump's election. 

Over last weekend, as protesters gathered at several US airports, Uber appeared to defy a recent NYC taxi strike by removing surge pricing - the mechanism by which prices go up on the service when demand is high. 

A social media campaign to "#DeleteUber" quickly went viral.

However, Uber said it had not been its intention to break the strike, and was looking to help people reach the airport without paying higher fares.

Source : Rueters 

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Daily Compliance Statistics 01/02/17 From Drive Observations ... By @WatchTfL.

Compliance statistics from Wednesday 01/02/17

100's of cabs checked not 1 PH

You can help build & shape this report.

Don't forget, your help is essential.

PLEASE FOLLOW @WatchTfL on Twitter and report any compliance teams spotted. 

Having removed badges and HiVis jackets, compliance team, having a nice sit down away from the rat race in the quiet of Gough Square!

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It's The Quiet One's You Need To Watch............................by Semtex.

"Quiet People Get The Most Accomplished, Because Their Next Move Is Always Unknown."

Ex-serving Police Officers within our Cab Trade, will tell you that when you apply to join the service, you get put through a series of stringent tests.

During my Military Service, I was seconded for a short while to the Met's Surveillance Training Unit, and was working from Aybrook Street in Marylebone.

Part of the test that was shown to aspiring new Police recruits, was to show a video of an angry demonstration gathering. It was politically led and as some of these violent demos normally are, quickly becoming intimidating, precarious and dangerous.

After watching the video for about ten minutes, we would stop it half way through. The candidates were then asked who, in their opinion were the potential main antagonists. Where were the flash points and what area of the crowd presented the main concerns. We were looking for candidate's natural observational skills. People who could, without further training spot a needle in a haystack. As you can imagine, people with a very pragmatic and analytical mind set would be chosen to progress to specialist training to further their already natural skills.

The candidates would sit at their desks, fill in the questionnaire and hand their papers back. We would then restart the video, and the reactions of the future police candidates were very interesting. Some of them spotted the hidden dangers of course, but many failed to observe, that the quiet man in the middle of the crowd, the chap looking as though he didn't want to be there, and the student academic who was on his mobile and appeared to be showing no genuine interest...............actually revealed themselves to be dangerous, highly motivated and an escalating volatile threat as the video rolled on. 

The moral of the training video was of course, that surveillance Police Officers need to evaluate threats which may not be coming from the most vocal and obvious origins.

Politicians and MP's worldwide, are now learning fast after a spate of huge professional cost and personal loss. Ignoring the 'quiet people' is a very dangerous practise these days. Ask David Cameron, Hilary Clinton and many others.

During the 70's and 80's, owning up to liking Abba was regarded as being very 'uncool'. Despite the fashion of sneering at the Swedish group, somebody must have bought their 375 million discs and albums, mustn't they ?

Roll on forty years and the opposite has generally happened. I have watched two documentaries within the last four weeks, actually admitting how musically and lyrically brilliant, Abba actually were. Its fashionable to say they were great nowadays.

It is 'cool' to shout that Donald Trump and Nigel Farrage are cranks, isn't it ? 

Look how vocal the crowds and demos are of the bleeding hearts and The American Civil Liberties Union are at the moment. To watch the news this evening, you could be forgiven for thinking that President Trump had held a gun to somebody's head to pave his way into Office. 

The media and TV crews zoom into the academics and tree huggers crying of unfairness, as the 'quiet people' are once again ignored. But again, who do you think put Trump into the White House ? 

Yes Sir. The 'quiet ones' voted for Trump. They voted in their absolute millions. Sick of being threatened with bombs and murder, the 'quiet people' voted in a man who said he would stop it. He won, and he's delivering his manifesto. That's what he was voted in to do.

Closer to home on the UK's shores, the same thing is happening. Watch the TV, watch the news. You would have thought that leaving The European Community was by way of some unfavourable act of Parliament or something, wouldn't you ?

No, it wasn't. It was the 'quiet people' once again, backing Nigel Farrage in their millions, and demonstrating that they are sick to their back teeth of our once great country, sliding into the sewer. Sick to the back teeth of our elderly, sick and war veterans dying in hospital corridors, as foreigners from the Middle East and Syria, come here to milk our NHS dry .

The abusers and users are naturally screaming the place down and crying foul play, as the media film crews zoom in again, giving their huge but minority voice a platform. Meanwhile,  elderly citizens and veteran service men and women, continue dying in hospital corridors and care homes, after paying into their NHS service all their lives. Nobody films them as they pass with 'quiet' dignity into eternal sleep. Once again, the 'quiet people' ignored.

It is fair to say I guess, that the hierarchy, MP's, Ministers, and the Establishment, should be very concerned when it comes to ignoring the 'quiet people' these days.

Take the global mini cab firm, Uber, Loud, brash, making a big noise wherever in the world they go. The media and news once again zoom in their lens, giving the Corporate giants a vocal platform.

Treading roughshod over a world renowned and dignified London Taxi Trade, the hierarchy dig their boot studs into us, as they give assistance, part the waves and ensure that Uber's transgression through lawful criteria and licensing, is as comfortable for them as possible.

Once again, the 'quiet people' are ignored and abused. 

Unfortunately for them though, The Great London Taxi Trade now have their own 'Quiet People'. They operate in secret. They are unseen, unaccountable and unknown to most. They do not shout, they do not threaten. They do not need to.

A band of Trade Brothers and Sisters, who fight for decency, fight for justice, fight for fairness and fight for survival.

They are unpaid, anonymous, without malice and without egos. Tired of being beaten down by the corrupt, fed up with having the profession they trained so hard for ripped from their grasp by a Regulator with ulterior motives, and resolute that our legacy will be protected. 

They ask no fame, they ask no finances. They ask no spotlight, they ask no expenses.

They are The London Taxi Trade's 'Quiet People.' They are fighting the good fight for our trade's survival and unafraid of confronting a bent, unfair regulator. They are the Independent Taxi Alliance.................And they're Coming To Get You.

Be lucky all.

8829 Semtex.

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Rank And File : News From The Mean Streets Pt1... by Jim Thomas

This is a new feature, that we hope will bring you information and also put your mind to rest by dispelling rumours of no substance. 

News that Novikov's Taxi rank has been clearly marked on the road surface by Westminster Council has been marred, by the fact that the official rank board has now been removed. Also two massive signs have suddenly appeared at this location, stating that the rank limits will be enforced by video surveillance. 

Drivers have been warned numerous times about over ranking yet nothing has been forthcoming from LTPH about the constant abuse of Mayfair Taxi ranks or the numerous cases of kerbside touting from private hire drivers.

TfLTPH have informed Taxi Leaks that the blue Uber rear window light is in fact illegal and stops will be put on any Uber vehicle seen displaying the illuminated signage. 

If you see, please take down location, time and registration and send with photo to the @TfLTPH Twitter account who will pass this on to enforcement. 

Prius was spotted outside Nobu's restaurant Berkeley Street W1, 1:30 on the 21st of January 2017. This vehicle has been reported to compliance.

There have been fears that Taxis are about to be excluded from the bus lane running the length of Baker Street. 

Taxi Leaks did ask the TfLTPH Twitter account to confirm or dismiss this rumour. But we was told LTPH couldn't say either way as they were waiting for clarification on the signage. 

After inspecting the signage, we found just the one without the word Taxi on the board, at the beging of the section between Dorset Street and Blandford Street (image 3). 

But it appears all the other boards running the whole length of Baker Street include the word Taxi. We will issue an update on this, as soon as we get a proper reply from LTPH.

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New rules from the DVLA applied to all new cars from 1st April 2017 will cost passenger transport industry millions

 

The government’s decision to change the road tax system in the UK will hit the passenger transport industry, specifically those purchasing or leasing vehicles that cost over £40,000. These new rules will hit taxi drivers who purchase the famous London Taxi where prices for a TX4 Euro 6 auto cost over £41,000.

But it is not only taxi drivers who will be hit hard in the pocket. Chauffeurs or executive hire services who buy or lease executive vehicles, such as Mercedes S Class, Audi estate cars, Volvo S90 or V90’s will also find themselves seeing their annual road tax costs substantially increase.

When the outgoing system was conceived, taxation was linked to a car’s CO2 output – this meant that cheaper, more efficient cars paid a relatively small amount while pricier, more polluting cars paid much more.

Due to advances in engine technology and software (depending if you bought a certain brand of vehicle,) CO2 emissions have dropped across the motor industry. This improvement hit the governments coffers hard, resulting in more and more vehicles either dropping out of an annual charge or being in the lowest band.

The problem with this system emerged when it became clear to the treasury that, thanks to greatly improved engine and vehicle design, many normal cars were emitting such little CO2 that they actually fell into the tax-free bracket. This lowest band was originally intended for electric, hybrid and niche low-emission cars but, more conventional cars wound up here and paid no tax.

To bolster its cashflow, the government has introduced this new taxing regime to push more conventional cars back into taxation and reserve tax-free status for a handful of zero-emission cars.

What are the 2017 road tax changes?

As before, you’ll have to pay a first year tax rate that’s linked to the car’s CO2 emissions, followed by a standard rate for each year after that. The standard rate for every car is £140 per year but models costing more than £40,000 (after options) will incur an additional £310 cost, meaning most premium models will now cost £450 in total per year to tax.

Any zero-emissions vehicle – i.e. electric cars – won’t incur either the first year or standard rate of tax but, unlike previous years, this no longer applies to plug-in hybrid models that still use a conventional combustion engine. If, however, your zero-emission vehicle costs more than £40,000 – such as a Tesla Model S – you still incur the £310 additional cost for the first five years of ownership before returning to tax-free status.

As before, tax is no longer transferrable between owners. This means if you sell your car, the new owner will have to tax it themselves – any remaining tax on the vehicle can be claimed back from the government. Also unchanged is the £10 reduction in tax rates for alternative fuel vehicles such as those converted to run on LPG.

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Headlight on Bus Safety

The safety of buses has deteriorated in the last year. The number of collisions involving buses has increased in recent years. There were 4,297 injuries by the end of Q3 2015/16, compared with 4,196 over the same period the year before (an increase of 2.5 per cent). 

• Why aren’t bus drivers first-aid trained?
• Why doesn’t TfL have targets to improve bus safety?
• How is TfL making incident investigations more rigorous and transparent?
• How does TfL ensure that all incidents are properly managed, reported and investigated?
• Are bus drivers comfortable with the incident reporting process?

The London Assembly Transport Committeemeets tomorrow to consider the safety record of London’s buses and what can be done to improve it.  The guests are:

• Gareth Powell, Director of TfL Strategy and Contracted Services, TfL
• Jane Lupson, Bus Collision Reduction Programme Manager, TfL
• Tony Wilson, Managing Director, London & Surrey, Abellio
• Wayne King, Regional Coordinating Officer, Unite
• Paul Russell, Head of CIRAS (Confidential Incident Reporting and Analysis System)
• Sarah Hope, Victim's Support Consultant for TfL and Founder of the Sarah Hope Line and Elizabeth's Legacy of Hope

The meeting will take place on Thursday, 02 February from 10:00am in The Chamber at City Hall (The Queen’s Walk, London SE1).

Media and members of the public are invited to attend. 

The meeting can also be viewed via webcast.

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