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Concern for Public Welfare Following Policies to Remove Signage on PHV's Countrywide

A big thank you to Liza Lipson from Private Hire Taxi Magazine (PHTM) for allowing us to feature a highlight from their September issue, and to iCars (Swale) Ltd in Kent for their support. In this edition, PHTM covers an important article titled "Concern for Public Welfare Following Policies to Remove Signage on PHVs Countrywide." The issue raises vital questions about the impact of these policies. Stay tuned for the October issue, where PHTM will share the Department for Transport's response to these concerns.

 

Posted in News by Admin on 16/09/2024

Proposal to Change SCC Bus Lane Rules - Consultation

There is a proposal to get a new TRO aiming to enable non-Southampton trade to use bus lanes for the purposes of home to school transport at any time. It will be advertised for three weeks and unless there is major number of objections, the aim is to go live on 2nd of September. Please share and take part in the consultation.

Current Bus Lane Restrictions:

Taxis and private hire vehicles licensed with Southampton City Council  have unlimited access to the City’s bus lanes.

All taxis and private hire vehicles not licensed with Southampton City Council are only be allowed access to Southampton bus lanes during peak times. Vehicles must also have been first registered on or after January 2006 if petrol, or September 2015 if diesel, to access bus lanes at these peak hours, or undertaking home to school transport on behalf of Southampton City Council. (Term time only, Monday to Friday). These registration dates reflect the introduction of cleaner euro emission standards. Peak times are weekdays between 07:00 - 09:30 and 16:00 - 18:30.

Proposal:

It is proposed to allow vehicles not licensed by Southampton City Council that are undertaking home to school transport on behalf of Southampton City Council to access the bus lanes at all times, during term time and Monday to Fridays only. These vehicles will have had to be individually assigned a particular home to school transport run by Southampton City Council. This is to enable equality for the school transport service when offering contracts.

For all other vehicles not undertaking contracts for home to school transport on behalf of Southampton City Council, then the existing requirements stand:

Vehicles must be first registered on or after January 2006 if petrol, or September 2015 if diesel, to access bus lanes at these peak hours. Peak times are weekdays between 07:00 - 09:30 and 16:00 - 18:30.

Please take part in the consultation here:

transport.southampton.gov.uk/tro-consultations/moving-traffic-restrictions-amendment-2-order-2024/

Posted in News by Admin on 08/08/2024

Assistance Dogs in Licensed Vehicles

Do you know the law in relation to assistance dogs? 

Taxis and the door-to-door service they provide are an important mode of transport for people with disabilities. It is important that disabled people who use guide and other assistance dogs have confidence that they can hire a taxi, which will carry them and their dog at no extra charge.

 

Legal obligations

Since 2001, drivers of licensed taxis and private hire vehicles have a duty to carry any guide or other assistance dog travelling with a disabled person, at no additional cost.

In 2006, further duties were introduced to make it unlawful for taxi providers to refuse, or offer a lower standard of service to a disabled person, for a reason relating to their disability. For example, a taxi operator making a guide or other assistance dog owner wait longer for a vehicle than a passenger without a disability, because some drivers prefer not to carry an assistance dog.

The Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 amends the Equality Act 2010 to place duties on taxi and PHV drivers/operators. Any disabled person has specific rights and protections to be transported and receive assistance when using a taxi or PHV, without being charged extra. This requires drivers to provide reasonable adjustments for passengers with a disability. For more information on providing reasonable adjustments for customers with sight loss, please visit this link.

Breaches of these duties can be reported to local licensing authorities, who can take appropriate action.

 

Cultural beliefs

 

Cultural beliefs can raise sensitive issues relating to dogs. However, religious grounds cannot be used to exclude assistance dog owners. The Equality and Human Rights Commission successfully reached agreement on this with several religious groups. Assistance dogs are working animals, not pets. They are trained to provide independence and mobility to their owners. Assistance dog owners are trained to maintain a high grooming standard of their dog, with attention to cleanliness.

Exemptions

The only grounds for any driver to decline to carry an assistance dog is through the approved medical exemption process. Drivers cannot refuse to take a person travelling with their assistance dog, unless they have a valid medical exemption certificate from the appropriate licensing authority, to show that they are unable to carry an assistance dog for health reasons. An exemption notice must be displayed in the vehicle when it is being driven by the exempted driver.

Useful Resources

Please visit the following links for more information:

Supporting customers with sight loss

Sighted guide training

The law: carrying assistance dogs by taxi/PHV

EHRC guide to welcoming customers with assistance dogs

Posted in News by Admin on 21/06/2024

Essential Resources For Taxi And Private Hire Professionals

Posted in News by Admin on 25/04/2024

For your security

All licensed drivers are regulated and CRB checked (now known as DBS) by Southampton City Council, with the majority also holding NVQ and BTEC qualifications in transporting passengers by taxi or private hire's.

For your security, nearly all Southampton Hackney Carriages and private hire's have CCTV cameras installed. All vehicles are MOT checked every year (compliance test) to ensure they are roadworthy. If a vehicle is more than 2 years old it also has to have an additional roadworthy test.  

Posted in News by Admin on 12/01/2024

Age Limits on Licensed Vehicles

If you click onto this link, it will take you to the Department for Transports Taxi and Private Hire Vehicle Best Practice Guidance from the 17th November 2023. 

 

https://www.gov.uk/government/consultations/taxi-and-private-hire-vehicle-best-practice-guidance/outcome/taxi-and-private-hire-vehicle-best-practice-guidance-government-response

 

What is interesting about the Government's response, is the subject of vehicle age limits.

 

Licensing authorities should not impose age limits for the licensing of vehicles but should consider more targeted requirements to meet its policy objectives on omissions.

 

We as a trade association are trying to get an extension on age limits for Southampton licensed vehicles.

Posted in News by Admin on 23/11/2023

Uber vs Sefton Update

We last provided an update in August as the Uber vs Sefton judgement came through. Armed with the new verdict, UTAG wrote to TfL with our grievances, once again pointing out that TfL has failed in its duty to protect the travelling public and its Licensees (legitimate Taxi drivers).   
 

UTAG, with your ongoing support is intent on forcing TfL to regulate properly, otherwise, London will continue to be flooded with vehicles, stealing work, who have no right to work here. 
 

It had also come to light that Data Cars have a ‘ghost office’ (an unmanned office) in Wolverhampton where drivers from all over the county, including London, are registering to circumvent the TfL topographical and English language tests. We believe that Data Cars are unfit to be a London Operator, as they are very deliberately undermining the regulatory regime.
 

This outrageous behaviour was brought to TfL’s attention yet again in August 2023. You will recall we first wrote to TfL in August 2019 on this matter and now in the absence of any reply we raised again with TfL on 17 October 2023.   The letters are available below:


https://mcusercontent.com/9800046227164f726ef17bbca/files/355f6665-a14e-89f3-e656-a806dc7cde9e/Letter_to_TfL__triple_lock_breach__final.pdf


https://mcusercontent.com/9800046227164f726ef17bbca/files/03fa0669-ec0a-86e9-7474-3447b6f0ad6c/Letter_to_TfL__triple_lock_breach__17th_Oct_2023.pdf



If TfL fail to act yet again, then they continue to undermine the whole regulatory regime. UTAG believe it is impossible for TfL to maintain their position on public safety, whilst allowing their own Operators to make a mockery of the licensing regime.

Utag put TfL on Notice of our intention to bring Part 8 Proceedings if they don't act.  Public safety is the primary consideration of any licensing authority; it is of paramount importance that TfL do not allow mini cab drivers held to extremely low operating standards to flood the streets of London.

Posted in News by Admin on 06/11/2023

Sunak's New Move

We commend the Prime Minister Rishi Sunak on the government's decision to postpone the last date when new petrol or diesel cars can be manufactured.

 

The PM has confirmed the transition electric cars has been delayed by 5 years to ease the financial burden on Britons.

 

 

You can Read more here

Posted in News by Admin on 29/09/2023

SHPHA supports Utag

Dear UTAG Supporter

Before we provide a comprehensive update, we’d like to start by thanking you for your donations and unwavering support.
 
In relation to legacy court cases, you are aware, UTAG has challenged TfL and others in a number of areas, in an effort to protect the industry, and regrettably, we have had to pay substantial costs as our recent challenges have been unsuccessful. 
 
Whilst it is normal to pay ‘fair costs’, TfL have submitted the most outrageous costs bill, in relation to Bishopsgate, in what we believe is a deliberate effort to make UTAG insolvent. We are robustly challenging those costs (which are an unwanted distraction) whilst at the same time keeping the pressure on TfL for their failure to regulate.   Our view is they prevaricate not regulate. 

We apologise that we have not updated you sooner, however we were waiting for the judgment from Uber vs Sefton that we now have and this can be read in detail in the link below:

https://mcusercontent.com/9800046227164f726ef17bbca/files/21b1e563-f653-ebdf-e4ef-bcca7c260df2/Sefton_Judgement_outside_London_ewhc_kb_2023_1975_clean_copy.pdf 
 
We’re certain that as a working driver, you, like us, have noticed the influx of mini cabs bearing Wolverhampton licensing plates and freely working in London. We can inform you that Data Cars, a Southeast London Operator, are openly encouraging drivers to circumvent TfL regulations and become licensed in Wolverhampton, which has an even lower barrier to entry than TfL.
 
Uber vs Sefton was primarily about “acceptance of the booking”, however, we believed that there would be references to the 1976 Miscellaneous Act vs 1998 Private Hire Act and we were not disappointed.
 
UTAG first raised the issue of cross border hiring's to TfL in a letter in August 2019, which remains unanswered.  You can read our letter here:

https://mcusercontent.com/9800046227164f726ef17bbca/files/1b4a3799-1438-364d-79a2-a2ee02031c8f/2nd_UTAG_letter_to_TFL_27_August_2019_members_update.pdf
 
Without getting overly technical, UTAG explained that what Uber was doing (using out of area cars) was not legal due to the need to be hired in the ‘controlled district’. The Judge in Uber vs Sefton agreed with our analysis, an analysis that TfL ignored.
 
In fact, the Judge, very similar to Lord Leggart in our Part 8 Declaration victory went even further and explained who could do what and where. In short, Uber vs Sefton has given very clear case law that what is currently happening, is illegal.
 
The ‘triple lock’, (an Operator, car and driver licensed by the same authority) only applies to bookings in the licensed areas ‘controlled district’, where all three are licensed by a single authority. The triple lock has been manipulated by several Operators, none more so than Uber and Data Cars.
 
Armed with the new verdict, UTAG has written to TfL with our grievances, once again pointing out that TfL has failed in its duty to protect the travelling public and its Licensees (legitimate Taxi drivers). TfL must act not only to protect the aforementioned Licensees but to also protect their own licensing revenues, especially given their precarious financial position.
 
UTAG, with your support aims to force TfL to regulate properly, otherwise, London will be flooded with vehicles, stealing work, who have no right to work here.   TfL are allowing this.  Let that sink in, our own regulator and with your support, UTAG will challenge it as nobody else will.
 
In addition to the verdict, it has come to light that Data Cars have a ‘ghost office’ (an unmanned office) in Wolverhampton where drivers from all over the county, including London, are registering to circumvent higher barriers to entry such as the TfL topographical and English language tests. We believe that Data Cars are unfit to be a London Operator, as they are very deliberately undermining the regulatory regime.
 
This outrageous behaviour has been brought to TfL’s attention and we wait to see how robust TfL’s disciplinary action (if any) shall be. TfL have a real opportunity to send a message to the whole marketplace and UTAG intends to ensure that they do so.
 
If TfL fail to act, then they undermine the whole regulatory regime. UTAG believe that it would be impossible for TfL to maintain their position on public safety, whist allowing their own Operators to make a mockery of the licensing regime. Public safety is the primary consideration of any licensing authority; it is of paramount importance that TfL do not allow mini cab drivers held to extremely low operating standards to flood the streets of London.
 
Although it shouldn’t be necessary, with your continued support, UTAG can continue holding TfL the ‘world class regulator’ to account for their failures to regulate. Without your determination and generosity, none of this would be possible and we’d like to sign off by saying thank you.
 
Kind regards,
 

Angela Clarkson & Trevor Merralls
United Trade Action Group
 



                           

 

Posted in News by Admin on 18/08/2023

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