TRANSPORT AND TECHNICAL SERVICES
TAXI-CAB REGULATION REFORM PROGRAMME
- PURPOSE OF THE REPORT
1.1. To gain the approval of the Minister for Transport and Technical Services for the next stage of the Taxi Reform Programme and the necessary changes to Orders.
- INTRODUCTION
2.1. The Reform Programme has been through Green Paper and a White Paper stages. There is general support from the public and stakeholders for the approach that successive Ministers have been developing. However, there remains disagreement within the industry, in particular in respect of any actions that open up the ranks to more vehicles. Considerable time has been dedicated to discussions with industry representatives, but there is no reasonable prospect of reaching a compromise agreement across the industry on this issue, which is fundamental to reform.
2.2. Consequently, the approach now to be adopted covers:
(a) how to improve the quality and safety of taxi services;
(b) adoption of a simplified, common tariff;
(c) ensuring that the service is open to use by disabled travellers;
(d) rationalising the currently overcomplex licensing framework;
(e) streamlining the administration.
2.3. The Minister’s duties, set out in the Motor Traffic (Jersey) Law 1935 as amended, are primarily to prescribe by Order such matters as it is necessary or convenient to prescribe to ensure that, insofar as it is practicable to do so, there is an adequate, efficient and reasonably priced cab service available throughout Jersey at all times.
2.4. The majority of the detailed proposals within the Reform Programme do not require any changes to primary legislation and can be effected by Ministerial Orders made under the 1935 Act.
2.5. The proposals cover the following issues:
(a) Consolidation towards a more flexible taxi industry
(b) Incentives to improve provision of wheelchair accessible transport
(c) Advance booking arrangements
(d) Livery and roof signs
(e) Requirements for vehicles and associated equipment
(f) A simplified tariff and a new approach towards determining this
(g) Requirements in respect of taximeters
(h) Requirements in respect of drivers
- DISCUSSION
The arguments surrounding the benefits and disadvantages of the various options for taxi regulation are fully explored in Appendix A “Taxi Regulatory Reform – Final Recommendations” by TAS. However, for reference the principal conclusions are set out below.
Consolidation towards a more flexible taxi industry
3.1 The current ‘controlled’ and ‘restricted’ cabs are classes that have been introduced by prescriptive Order for administrative purposes.
3.2 The current arrangements do not work well for the consumer. The distinctions are not understood and contribute to the shortage of cabs at ranks at certain times.
3.3 It is proposed to move towards a new more flexible model for the delivery of taxi-cabs services, to replace ‘controlled’ and ‘restricted’. In the future all taxi-cabs will be hailable and available for advance booking and subject to a common tariff. Access to the ranks will continue for existing ‘controlled’ cabs and will become available to ‘restricted’ cabs from March 2016 if they meet a wheelchair access standard to be established. From 01 January 2019, only vehicles that meet the access standard will have access to the ranks. A livery that identifies vehicles that can use the ranks will be introduced. Plates will remain non-transferable.
3.4 Some points to note from the detail include:-
i) Existing ‘controlled’ cabs will continue to have access to the ranks until 31 December 2018. Any replacement ‘controlled’ vehicles will need to meet the access standard.
ii) Existing and replacement ‘restricted’ cabs, including ‘company red plated’ cabs, will be able to use the ranks from March 2016 if they meet the access standard and are appropriately liveried.
iii) Existing and replacement ‘restricted’ cabs will not be able to use the ranks if they do not meet the access standard.
3.5 From 01 January 2019, there will be two types of taxi-cab operated by a single class of PSV driver:
i) If the vehicle meets the access standard, it will be liveried as such and can use the ranks. This type of vehicle will be known and branded as a ‘Taxi’.
ii) If the vehicle does not meet the access standard it will be liveried as such and cannot use the ranks. This type of vehicle will be known and branded as a ‘Cab’.
iii) Licence plate holders will be free to elect through their vehicle choice, which type of service they wish to operate ‘Taxi’ or ‘Cab’. Both types of taxi-cab will be bookable and hailable, only those vehicles which meet States accessibility standards will be permitted to call themselves a Taxi and participate in rank work.
Advance booking arrangements
3.6 To ensure maximum availability but not to discriminate between different approaches to booking a cab in advance, and to stimulate the introduction of new technology, it is proposed to determine a standard for and then to licence advance booking arrangements. It will be a requirement for cabs only to use such licensed arrangements.
3.7 The standard will incorporate:
i) ‘Good repute’ standards – primarily that those in charge do not have any relevant convictions, including dishonesty, breaches of financial regulations and breaches of public service vehicle operation;
ii) A legal presence in Jersey;
iii) Requirement to maintain auditable records of all requests for bookings and arrangements made to deliver these, including detail covering drivers, vehicles, agreed pick-up times and agreed fares;
iv) The requirement to hold suitable insurance cover;
v) A requirement that drivers and vehicles that they despatch meet all necessary regulatory standards and are informed of any changes to these;
vi) Participation in and publicising a complaints handling process;
vii) Compliance with data handling and processing standards, including data security in respect of personal data as appropriate;
viii) Only employing despatch staff (anyone who has access to personal data and booking records) with an equivalent DBS clearance to drivers;
ix) A requirement that any customer-facing staff have gone through the same (or equivalent) customer care / disability awareness, etc. training as licensed drivers.
3.8 The advance booking arrangements licence will replace current company arrangements.
3.9 The intention is that the above will allow access to different communication modes (phone / web via PC / web via App / SMS) for making an advance booking, but not require all modes to be available. Thus subscription to an appropriate ‘App’ made available by an entity that meets the standards will suffice.
Livery and roof signs
3.10 A change in arrangements is proposed in order to make a clear break with the past regulatory regime and to improve the visibility and perceived quality of Taxis and Cabs.
3.11 It is proposed that all Taxis licensed from the date of the requirement will have a black, silver, or grey base colour.
3.12 A bonnet wrap of a distinctive colour will be introduced for all vehicles, along with a Jersey Taxi brand mark, to clearly identify those vehicles permitted to use the ranks. Space will also be provided on the vehicle for the despatching company’s brand, to allow for easy identification during pre-booked work.
3.13 In addition to the livery the International Access Symbol will be required on all accessible taxis or cabs. This will be mandatory for all vehicles accessing the rank from 01 January 2019.
3.14 A ‘Taxi’ roof sign of a specified colour will be required.
3.15 Notable but less stringent branding requirements will be required of Cabs, incorporating the despatching company’s branding and a prominent notice that the vehicle is a licenced cab operating controlled fares.
3.16 A ‘Cab’ roof sign of specified colour identifying the dispatching company’s name will be required.
Requirements for vehicles and associated equipment
3.17 A formal standard for wheelchair accessible vehicles will be introduced. After 01 January 2019 only new or replacement vehicles that meet this standard will be able to access the ranks.
3.18 A requirement will be introduced for all vehicles to carry a child booster seat and to be fitted with either ‘all age’ adjustable seat belts or an aftermarket adjuster that meets the appropriate standard.
3.19 Further consultation will take place with the industry with a view to developing a longer term standard in respect of:
i) Enhanced occupant and pedestrian safety (by reference to Euro NCAP)
ii) Environmental performance threshold requirements
Tariff
3.20 A common core tariff will be introduced setting maximum fares covering all taxi-cab types. This will contain:
i) Two rates – standard and enhanced (to apply to late night / early morning and bank / public holidays). Note the enhanced tariff will not apply at weekends (other than late night / early morning).
ii) No extras (e.g. for additional passengers carried, luggage), except for where more than four passengers are carried in a larger capacity vehicle.
iii) An optional booking fee where booking is made in advance. This can be enhanced where a specific requirement is made for a larger vehicle at time of booking, except where a larger vehicle is solely required to accommodate a wheelchair user or other disabled person. The specific booking fee must be identified and declared in advance of the booking being finalised (whether verbally or electronically). Where the taxi-cab fails to arrive at the agreed pick-up location within a specified time window around the agreed pick-up time, then the booking fee cannot be charged.
Taximeters
3.21 A functional standard for acceptable taximeters will be developed and published. Thereafter, only taximeters meeting this standard will be accepted. It is thought unlikely that this will require significant phasing in.
3.22 Enhanced arrangements will be introduced to ensure that all taximeters are independently calibrated, adjusted and sealed when tariffs are changed by approved agents. This will require any fitters used:
i) To be subject to a DBS check
ii) Not to have any economic interest in taxi-cab operation
iii) To demonstrate suitable technical competence
iv) To be in possession of appropriate equipment.
Drivers
3.23 Drivers are currently subject to an initial DBS (Disclosure and Barring Service) check. It is proposed to require this to be periodically renewed – initially every three years. In addition, where the opportunity arises for moving onto the continuous monitoring arrangements, it will be a requirement for drivers to sign up for that and to identify DVS as an organisation with an interest in being informed of any changes to status. A guidance note will be issued setting out the standards that will determine how a licence application is treated, and the implications of new information about an existing licence holder.
3.24 Drivers are currently subject to a medical test which focuses on fitness to drive. A revised medical standard will be issued covering both fitness to drive and fitness to work, including:
i) Fit to load luggage
ii) Fit to assist passengers
iii) Fit to utilise wheelchair ramps / lifts / securing devices
In order to be permitted to operate a Taxi, PSV drivers will be required to be medically fit to load luggage, utilise wheelchair loading equipment and assist disabled passengers to enter and egress the vehicle.
In order to be permitted to operate a Cab, PSV drivers will be required to be medically fit to load luggage and assist passengers.
3.25 In line with experience in the UK, consideration will be given to the medical test being undertaken other than by the applicant’s own GP. It will be a requirement to keep DVS informed of any changes to aspects of their health that might bring their fitness to work into question (this will add to the existing requirement in respect of fitness to drive).
3.26 Disciplinary arrangements are currently ad hoc and place significant discretionary pressure on DVS staff. A new points-based disciplinary system, similar to those successfully employed by other UK regulators, will be developed to include:
i) Power to impose points
ii) A framework for the allocation of points (i.e. what issues result in points being imposed and how many)
iii) An accumulation timetable – maximum number of points within a certain time period that leads to action
iv) Sanctions at different levels of severity
v) An appeals system
3.27 A States taxi-cab driver training curriculum will be developed to include in addition to the ‘Jersey Knowledge’ test, coverage of:
i) Customer care
ii) Disability awareness and support
iii) Non-discrimination / equalities issues
iv) Jersey Ambassador role
v) Fluency in English
vi) Safety / assistance for adult and child wheelchair / buggy users
3.28 The arrangements for delivery of the training will require testing to ensure that appropriate levels of competence have been reached. It will be a requirement for all taxi-cab drivers to meet items i) to v) above and for any who are driving a wheelchair accessible vehicle to also meet item vi) above. Where, as a result of complaints received, it becomes clear that a driver is not meeting the appropriate standards of delivery in practice, then DVS will have the power within the disciplinary system and through the complaints system (see below) to require the driver to retake the relevant training and test.
3.29 It is intended to work with industry bodies to assist them to develop a voluntary complaints resolution procedure. Participation in this will be a requirement of the advanced booking arrangement licensing.
4. RECOMMENDATION
The Minister is recommended to:-
(i) Agree to the proposed changes to Orders made under the Motor Traffic (Jersey) Law 1935 to implement the above.
(ii) Ask the Inspector of Motor Traffic to issue instructions to the Law draftsman to draft the necessary amendments to the legislation which would put these changes into effect.
5. REASON(S) FOR DECISION
- To progress the Taxi Reform Programme,
- To provide improved efficiency and better consumer value from the cab service,
- To improve access to the cab service for people with disabilities,
- To enhance passenger safety,
- To stimulate the introduction of new technology into the cab service for the greater convenience of consumers, and
- To bring the legislation in respect of cab services up to date.
6. ACTION REQUIRED
Inspector of Motor Traffic to issue instructions to the Law Draftsman to draft the necessary amendments to the legislation and make the administrative arrangements which would put these changes into effect.
Written by: Inspector of Motor Traffic
Approved by: Director of Transport
gov.je