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Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002: Amendment: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 19 March 2018:

Decision Reference:  MD-T-2018-0019

Decision Summary Title :

Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 Taxi-Cab Fare Measuring Devices

Date of Decision Summary:

14 March 2018

Decision Summary Author:

 

Head of DVS &

Inspector of Motor Traffic

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 Taxi-Cab Fare Measuring Devices

Date of Written Report:

14 March 2018

Written Report Author:

Head of DVS &

Inspector of Motor Traffic

Written Report :

Public or Exempt?

 

Public

Subject: Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002

Decision(s):  The Minister agreed to the introduction of prescribed requirements for fare measuring devices in all taxi-cabs 

 

Reason(s) for Decision: To provide for the services to customers as set out in Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’:

 

  1. To provide minimum requirements for a Fare Measuring Device (meter) and how it can be used in the interest of the Public 
  2. To recognise and provide for new technologies to calculate journey fares

 

Resource Implications:  None

 

Action required: Head of DVS:

 1. To instruct the Law Draftsman to amend the Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 accordingly.

2. To include a condition on all taxi-cab licences to provide such fare measuring devices

3 To advise the Taxi-Cab Industry of the Minister’s decision.

 

Signature:

 

 

Position:

Minister for Infrastructure

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002: Amendment: Law drafting instructions

 

DEPARTMENT FOR INFRASTRUCTURE

 

MOTOR TRAFFIC (TAXI-CABS GENERAL) (JERSEY) ORDER 2002

 

TAXI-CAB FARE MEASURING DEVICES REPORT

 

 

PURPOSE OF THE REPORT

 

To seek the Minister for Infrastructure’s agreement, in accordance with his powers under Article 38(1) and (2)(d) of the Motor Traffic (Jersey) Law 1935 which provides that –

 

“(1) It is the duty of the Minister 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) The Minister may, in particular, prescribe -

(d) The equipment that must be provided in cabs, including communications and meters, and the manner in which the equipment or meters must or must not be operated”.

 

to amend, the Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 to prescribe the minimum standard for the device which measures the fare for a taxi-cab journey and how it can be used.

 

 

BACKGROUND

 

In September 2015 the Minister set out in Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’ the areas of change which were required to achieve the reform programme to provide a more flexible and safer taxi-cab service to the public. The Ministerial Decision directed the Inspector of Motor Traffic to draft Orders under the Motor Traffic (Jersey) Law 1935 and make the necessary administrative changes to put the taxi-cab regulatory reform programme into effect.

 

As part of the Taxi-cab Industry review programme, it was announced that Taximeters would be required to meet a functional standard which would be developed and published and that only meters meeting this standard would be acceptable for use by taxi-cab licenced plate holders.

 

Historically, taximeters have been mechanical devices which are pulse driven. This is where a pulse is sent from the turning of the vehicles wheels to the mechanical device to calculate the distance travelled and therefore the journey fare. In recent years the industry has advanced in the use of alternative technologies to calculate the fares, in particular the use of GPS (Global Positioning Systems) which is now the basis of all automated dispatching and taxi-cab availability systems. While at present this type of technology is generally only used in the Island’s private hire sector it is becoming the norm for on street work in other jurisdictions.

 

 

DISCUSSION

 

Currently there is no prescribed requirements for any fare measuring device to hold cumulative data for analysis or any other data apart from tariffs. It should be considered that as part of the Department’s regulatory role, that all devices cumulative Totalisers should be locked to prevent the driver from clearing it down when he chooses. This would allow DVS to collect anonymised data during the vehicles annual inspection and allow better analysis of supply and demand issues for future policy making. It would also assist in providing a more accurate method of validating that the Conditions of Licence are being met.

 

With the advance in technology and in particular the use of GPS as a means of calculating journey fares it should be considered that the term taxi meter is changed to Fare Measuring Device (FMD) to cover both existing and future means of calculating fares. It is therefore proposed to clarify the minimum requirements of such devices for use in the islands taxi-cabs that a device will be acceptable to the Inspector of Motor Traffic if it meets the following minimum requirements:

 

1)      The device allows the Inspector of Motor Traffic to obtain data (at least during the annual vehicle inspection) to assist the Minister in formulating policy in terms of ensuring an adequate taxi-cab service

 

2)      All fare measuring devices, displays, markings and instructions shall be in the English language.

 

3)      The operating positions for the device shall be 'FOR HIRE', 'HIRED' and 'STOPPED'.

 

4)      Each device shall have an approved means of sealing the device to prevent tampering with the tariffs, whether physical or digital, as required by the Inspector of Motor Traffic.

 

5)      The device shall display the fare in pounds sterling (£)

 

6)      The device shall control the maximum tariff for the time and date but allow a lesser tariff to be selected if required.

 

7)      The device cumulative totaliser must not be able to be cleared by the driver.

 

8)      The device shall be capable of being measured over a standard mile or specific journey length as determined by the Inspector of Motor Traffic.

 

9)      The device shall be maintained in accordance with the manufactures recommendations.

 

10) The device shall only be installed by a party approved or authorised to do so by the manufacturer of the device.

 

11) If the device calculates the fare by use of vehicle pulses it will have to be certified to meet the Measuring Instruments Directive and British Standard (BS) EN 50148 and be CE marked. CE meaning “Conformité Européene" which means "European Conformity"

.

12) The devices should also have the following functions as a minimum:

 

          • the device shall have a unique ID

          • the device shall have the ability for more than one driver ID log in

          •it shall be set in Miles as its default setting for calculating fares

          • it shall be capable of holding totaliser data for mileage and recall of journeys

          • it shall be calendar/clock controlled locked, whether locally or remotely.

          • it shall have real time clock functionality

          •it should include a communications port which meets the 2004/22/EC requirements

           •it shall be able to control the vehicle roof light automatically

          •it shall hold cumulative journey data for a minimum number of trips as identified by the

 suppliers’ standard specification i.e.: mileage, trips, extras, tariffs used etc. which cannot be cleared down by the driver.

            •the device shall have a variable tariff ability including:

                    o Distance, time, date, fare and amount

                    o Waiting time in 1-6553 in 1 sec intervals

                    o Distance in 10cm-6553m

While the majority of existing taxi-cabs fare measuring devices should meet the above requirements some may not as they are over 20 years old. However, there are now several meter agents on island who can either update or provide new fare measuring devices if needed. Therefore, it is suggested that the requirements come into effect from the issue of the Order change for all Licence Plate holders.

 

 

RECOMMENDATION

 

The Minister is asked to: -

 

  1. Agree to prescribe the new proposed fare measuring device (meter) requirements for all taxi-cabs as set out above and amend the Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 accordingly.

 

 

REASON(S) FOR DECISION

 

To provide for the services to customers as set out in Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’:

 

  1. To provide minimum requirements for a Fare Measuring Device (meter) and how it can be used in the interest of the Public  
  2. To recognise and provide for new technologies to calculate journey fares

 

 

ACTION REQUIRED

 

Head of DVS:

 

  1. To instruct the Law Draftsman to amend the Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 accordingly.

 

  1. To include a condition on all taxi-cabs licences to provide a fare measuring device which meets the prescribed requirements.

 

  1. To advise the Taxi-Cab Industry of the Minister’s decision and arrange for appropriate public information.

 

 

 

 

Written by:

Inspector of Motor Traffic

 

 

Approved by: 

Director of Transport

 

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