REGULATORY SERVICES COMMITTEE – 13 AUGUST 2008
PART I - DELEGATED
6.PROVISION OF TAXI RANKS IN THE THREE RIVERS DISTRICT
(DCES)
1.Summary
1.1To consider a representation from Three Rivers District Taxis for the provision of taxi ranks within the Three Rivers district.
2.Details
2.1Members will recall that the provision of taxi ranks within the district was subject to considerable discussion at this meeting last year. It was resolved “That the Regulatory Services Committee determines that it does not wish to pursue the provision of taxi ranks further and that the Chief Environmental Health Officer offers the existing budgetary provision as a saving at the next budgetary control monitoring round”. (Minute RG04/07 refers).
2.2A letter has been received by the Chairman from Three Rivers District Taxis suggesting that a major consideration (wheelchair accessible vehicles) was overlooked by Committee in making its decision. A copy of the letter is attached at Appendix 1.
2.3The letter makes a plea for more Hackney Carriage stands in the district and suggests that, at present, the lack of stands breaches their human rights in respect of the byelaw requirement to proceed to a rank when they do not have a fare.
2.4Members are reminded that there is no duty to provide hackney carriage rank only a power. Section 63 of the Local Government (Miscellaneous provisions) Act 1976 states that “For the purposes of their functions under the Act of 1847, (The Town(Police Clauses) Act 1847) a district council may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense and, with the consent of the owner, on any land in the district which does not form part of a highway so maintainable and may from time to time vary the number of hackney carriages permitted to be at each stand.”
2.5Three Rivers District Taxis are exploring the possibility of ranks at Moor Park and Kings Langley Stations. Moor Park is amenable to the idea subject to their car park operators releasing the appropriate spaces. Kings Langley has, to date, only acknowledged the enquiry. A verbal update will be provided at the meeting. In the event of an agreement being reached it would need the decision of this Committee to progress any provision.
2.6The stations at Rickmansworth and Croxley Green are already covered by private hire firms. Chorleywood does have one hackney carriage stand. Carpenders Park has 8 stands at the rank on the South Oxhey side but there is no provision on the Carpenders Park side. In any case this would not appear to meet the needs of Three Rivers District Taxis.
2.7The letter relies on the lack of wheelchair accessible vehicles as the basis for reconsideration of the provision of ranks. It is difficult to envisage the situation where a wheelchair user would be waving down a hackney carriage from home or from a high street within the district. They will almost certainly have been pre-booked with appropriate arrangements made for the return journey.
2.8 As an adjunct to this we have undertaken a survey of the residential care homes in the district – identified as being the most likely source of demand for the hackney carriage service. 24 Homes were surveyed and the survey letter is attached at Appendix 2.
2.9At the time of writing this report 9 have responded. The results are shown in Appendix 3 but the overall finding is that there is no overriding demand for Hackney Carriage vehicles. For those customers requiring wheelchair accessible vehicles they can hire a Hackney carriage via a booking arrangement.
2.10Probably the biggest issue is the requirement in the current Hackney carriage byelaws requiring the driver to proceed to the nearest available rank when they do not have a fare.The byelaws require that:
7. The driver of a hackney carriage shall, when plying for hire in any street and not actually hired:-
(a) proceed with reasonable speed to one of the stands appointed by the Council;
(b) if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand;
(c) on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction; and
(d) from time to time, when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.
The penalty for non-compliance on conviction is a fine not exceeding level 2 on the standard scale (£500) and a continuing penalty of £2 per day.
2.11Members are aware that the only appointed stands currently authorised are at the South Oxhey side of Carpenders Park Station. In terms of sustainability and carbon footprints it is not reasonable to require Three Rivers District Taxis Hackney Carriage Vehicles to proceed to South Oxhey when operating in, say, Croxley Green or Abbots Langley.
2.12The Legal Section has been consulted and their view is that there is no breach of human rights in accordance with the legislation.
2.13They also advise that if the taxi can't proceed to the stand in South Oxhey, as provided for in the bylaws, because it is full and we have no alternatives, technically there is an offence -but the view is that there would be an absolute defence to any prosecution. Clearly we would not consider a prosecution in these circumstances.
2.14They suggest that a review of the byelaws should be undertaken to address this issue.
2.15A recent question on the LACORS (Local Authority Co-ordinators of Regulatory Services) discussion forum around this topic has the consensus of opinion that there is no offence for a Hackney carriage to either park or ply for hire from any legal parking place where no restrictive byelaw applies.
2.16In conclusion officers suggest that there is insufficient evidence from Three Rivers Taxis for officers to recommend that the previous resolution be reconsidered. While the provision of wheelchair accessible vehicles is to be lauded there is no evidence that their use by the disabled population of the district is required to the extent that the provision of additional ranks in the district should be pursued. The Residential Care Homes in the district are, at best, indifferent to the provision of additional Hackney carriage vehicles or ranks.
2.17It is suggested that the restrictive provision within the existing byelaws requiring return to a rank should be reviewed, If Members agree then a detailed report will be brought to the next Committee.
3.Options/Reasons for Recommendation
3.1For Members to consider the representation by Three Rivers District Taxis in relation to the provision of additional ranks.
4.Policy/Budget Reference and Implications
4.1The recommendations in this report are not within the Council’s agreed policy and budgets. If Members agree the recommendation it is on the basis that non-compliance with the byelaws will not be pursued while the process of review is being undertaken.
4.2There are no budgetary implications unless Members determine that additional ranks should be provided in the district outside of South Oxhey.
5.Financial, Legal, Equal Opportunities, Staffing, Environmental, Community Safety, Customer Services Centre, Communications & Website, Risk Management and Health & Safety Implications
5.1None specific.
6.Recommendation
6.1That Members confirm that they do not wish to proceed with the provision of taxi ranks in the district outside the South Oxhey area:
6.2That Members agree to a report to the next meeting detailing the process of a review of the existing Hackney carriage byelaws,
6.3That Three Rivers District Taxis be advised of this decision and that no formal action will be undertaken by the Council in respect of a breach of the byelaws while the review of the byelaws is being undertaken.
Report prepared by:Ted Massey, Chief Environmental Health Officer.
Background Papers
Letter from Three Rivers District Taxis
APPENDICES / ATTACHMENTS
Appendix 1 – Letter from Three Rivers District Taxis
Appendix 2 – Survey Letter
Appendix 3 – Survey Results
Appendix 1 -
THREE RIVERS DISTRICT TAXIS
April 15th, 2008.
Chairman of regulatory Services Committee221 Hampermill Lane
Councillor Brian WhiteWatford WD19 4PJ
Three Rivers District Council07968 032101
Three Rivers House
Northway
Rickmansworth
Herts
WD3 1 RL
Dear Sir
I am writing with regard to the siting of taxi ranks in the Three Rivers area. I appreciate that you have recently conducted a review of this situation, however circumstances have changed, and I feel a major consideration was overlooked, namely wheelchair accessible vehicles.
In the two mo9nths or so we have been operating, our disabled customers have made it quite clear to us that we are providing a much needed service not only for essential journeys such as hospital appointments, dentist, chiropody etc, but also for journeys to the shops, restaurants, cinema or so on, which prior to us necessitated transferring from wheelchair to car, or if wheelchair bound, not going out at all. We have also had a very positive response from mothers with pushchair and buggies as these can be secured in the vehicle, child in situ, as opposed to folding down the pram and the child having to sit on the mothers lap. If further proof is needed of the absence of wheelchair accessible vehicles, on the official Three Rivers website the only company advertising this service is based in Stevenage.
A study was commissioned by the Suzy Lamplugh Trust which recommends that women should only use Hackney carriage vehicles, because they are easily identified as taxis, as opposed to Private Hire which can easily be confused with private cars, this is also endorsed by the Taxiwise website ( which also recommends licensed hackney carriage vehicles.
The service which SOTA (South Oxhey Taxi Association) is adequate for South Oxhey, however they are not prepared to venture further. We are looking to provide the whole of Three Rivers with a fully comprehensive service, however there are insufficient ranks outside of the SOTA region to allow us to operate a fleet of Hackney’s, and to comply with the Hackney by-laws. In order to achieve this more ranks need to be in place to reduce fuel and reduce our carbon footprint.
We have actually been advised that a failure to provide adequate ranks forces us to break the Hackney Carriage by-laws which is an infringement of our human rights.
We have to date invested £150,000 in brand new Hackney Carriage Taxis, and hope to invest more in the near future to provide Three Rivers residents with a fully comprehensive Taxi service, but we need your help.
In conclusion we are ready and willing, and with your help, able to provide a service which will benefit all of Three Rivers residents, I think we have proved by our investment that we are in it for the long haul.
Sincerely
Richard Mealing
APPENDIX 2 – SURVEY LETTER
My Ref. : / DHE/DGSYour Ref. :
Date : / 08 August 2008
Contact : / David Shorto
Extension : / 7016
Department : / Housing and Environment
e-mail /
Dear Care Home Manager
Reference: Hackney Carriages in Three Rivers
I am writing to you to try to gauge the potential demand for more Hackney carriages (Taxis) in the Three Rivers Area and where we might put Taxi ranks.
Hackneycarriages licensed in Three Rivers are fully wheelchair accessible, purpose built vehicles, identical to the style and type used in London.Thesevehicles can ply for hire and can be hailed from the side of the road.They can also be pre-booked and the fares are set by the Council. Currently there are just 18 Hackney Carriages licensed in the Three Rivers area
Private hire vehicles (so called "minicabs)can only be pre-booked through an operator and do not have to be wheelchair accessible. They cannot be hailed from the side of the road and cannot wait at taxi ranks. Currently there are 529 Private Hire Vehicle in the Three Rivers area
To assist me I would be grateful if you would complete the short questionnaire below and return it to me in the pre-paid envelope;
- Doany of your residents currently use private hire vehicles? ...... Y/N
If "Yes"How many times a week approximately?......
If "No" Is this because they are unsuitable for your residents? ...... Y/N
...... Y/N
or
...... Y/N
or
...... Y/N
Kind regards
David Shorto
Licensing Officer
APPENDIX 3 – SURVEY RESULTS
Survey Question / ResponsesDoany of your residents currently use private hire vehicles? / 9
If "No" Is this because they are unsuitable for your residents? / 0
Would your residentsprefer to use :-
a) Hackney Carriages / 0
b) Private Hire vehicles / 0
c) either / 8
Comments
1. At times a Hackney Carriage would be more accessible to certain clients so – yes – let’s have more.
2. It depends on the resident. Some would use either and some would need a Hackney Carriage. Due to the level of cost for taxis etc. we would want the cheapest.
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