Agenda item

            The Committee considered the undernoted report and agreed that the attached comments be forwarded to the Department of the Environment as the Council’s response to the consultation:

 

“1           Relevant Background Information

 

1.1       The Department of the Environment published a consultation document on the 10 December 2010 seeking views on the proposal to introduce Taxi Operator Licensing in Northern Ireland.

 

1.2       The proposed Regulations will introduce:

 

-     Taxi operator licensing for both private and public hire vehicles;

-     Make provision for offences; and

-     Establish the penalty system for the provisions of the Act. 

 

1.3       The Department considers that the introduction of Taxi Operator Licensing will help to modernise the industry and introduce a regime comparable to the other administration in Great Britain and Ireland. This will contribute to the provision and management of a fair and safe transport industry by enhancing the role of taxi operators and ensuring that taxi services are more effectively regulated. This should contribute to a reduction in illegal taxi operations and greater certainty for the users of such services.

 

1.4       The Department intends to put in place transitional arrangements to allow existing taxi service providers to continue to operate in the period when the new regulations are being introduced. During a two month transitional period, taxi operators will be required to apply for a license and can operate under the application process until the license is granted or refused by the Department.

 

2          Key Issues

 

2.1       Currently neither taxi operators nor their bookings offices in Northern Ireland are subject to any regulation. The licensing regime is different in Great Britain although private hire operator licensing has been in place since 2000.

 

2.2       It should also be noted that a separate review of Taxi Regulations covering fares and taximeters, hiring of taxi at separate fares, is being carried out by the Departments.

 

2.3       The general requirements of this Legislation are as follows:

 

-     The new regulations will apply to all taxi operators within Northern Ireland.

 

-     It will make it illegal for an organisation or individual to operate a taxi service without having a license. (The legislation outlines information to be contained in the application for the license.) 

 

-     Drivers will be required to hold a taxi drivers license in addition they must hold an Operator License if running their own taxi business or be named on a Taxi Operators License.

 

-     All licensed operators must ensure that taxis operating within their Taxi Operator License are licensed taxi vehicles, driven by licensed taxi drivers. It will be an offence to provide a taxi service without a Taxi Operator license.

 

-     Drivers will only be allowed to be named on one license at any one time and work for one licensed operator at any one time.

 

-     The Department proposes that the License will be valid for a maximum of five years from the date granted. The proposal also contains provisions for shorter license periods can be issued at the discretion of the Department.

 

-     The new regulations will require an applicant to be fit and proper. To determine ‘fit and proper’ criteria applicants will be expected to demonstrate that they have complied with other legal requirements connected with running a business.

 

2.4       The Department has proposed a fee structure which is dependent on the uptake by operators. The fees are intended to cover the costs incurred in carrying out a licensing function. Two fees are proposed depending on the size of the taxi business, a small operator license and large operator license. A summary of the proposal are contained in Appendix 2. 

 

2.5       Issues for consideration

 

-     The proposed system should improve safety by establishing a situation whereby taxi services would only be undertaken by those who have been subject to licensing checks. 

 

-     There may be a low uptake of the licenses due to increased administration and cost and therefore a decline in the service offered. The fee structure should be kept to a minimum to cover administration costs.

 

-     A reduced fee is proposed for smaller operators which should be beneficial for the small local taxi business.

 

-     There may be a case for taxi operators to transfer increased cost of operations onto taxi users; therefore regulations to cover fare structure should to be bought forward in line with the licensing legislation.

 

            The proposed response to the consultation is attached in Appendix 1 for consideration by elected Members.

 

3          Resource Implications

 

3.1       There are no resource implications

 

4          Equality and Good Relations Considerations

 

4.1       There are no equality and Good Relations Considerations attached to this report

 

5          Recommendations

 

5.1       Members are requested to consider the proposed response to the Consultation paper on Taxi Operator Licensing in Northern Ireland if appropriate, agree a response to be submitted to DOE.”

 

6          Decision Tracking

 

            Final response submitted to DOE

 

            Timeline:  February  2011  Reporting Officer:  John McGrillen

 

7          Key to Abbreviations

 

            DOE – Department of the Environment

 

8          Documents Attached

 

            Appendix 1 –  Draft Response

 

Appendix 1

 

General comments

 

      The Council welcome the proposal for a new system of operator licensing for taxi services. The Council recognise that it should prevent the problem of illegal taxing and contribute to higher standards in quality and safety of the service.

 

      The Council would suggest that in order to create a level playing field for taxi operators and ensure a choice of service for the users that the Taxi regulations covering fares and taximeters, the use of taxi ranks and hiring of taxis in bought forward in line with this legisaltion.

 

      The Council would request further consultation on the fee structure. Taxi operators provide an important service to the local community and contribute to the evening economy. An adequate supply of taxis along with a reasonable fare is needed to ensure customers are not deterred.

 

      The Council would be concerned in relation to the impact of small firms who provide a valuable local service. Steps must be taken to ensure costs and administration is kept to the minimum.

 

Question Number	Question	Agree/Disagree
1	Do you agree that all persons who wish to operate a taxi service must hold or be named on a Taxi Operator Licence?	Agree
	The Council would welcome proposals to regulate taxi operators and their booking offices in Northern Ireland
2	Do you agree that all drivers and vehicles associated with an Operator Licence should be properly licensed?	Agree
3	Do you agree that a driver may only work for one Licensed Operator at any one time?	See comments below
	The Council seeks clarification in relation to part time drivers and if a reduced rate or sharing of a license can be considered.
4	Do you agree with the above proposal only to allow bookings to be accepted in licensed operation centres?	Agree
5	Do you agree with the proposal that any person, who wishes to be a Licensed Operator, completes the required application forms?	Agree

 

 

Question Number	Question	Agree/Disagree
6	Do you agree to the proposals relating to application and the licensing of operators?	Agree
7	Do you agree that everyone listed on an application for an operator licence sign a personal declaration that all the information provided is correct?	Agree
8	Do you agree that the Department may decline to proceed with applications where the application process has not been sufficiently completed?	Agree
9	Do you agree that a Taxi Operator Licence will be valid for a maximum of five years?	Agree
10	Do you agree that applicants must be considered to be ‘fit and proper’ in order for the Department to grant them a licence?	Agree
11	Do you agree with the proposed ‘fit and proper’ criteria?	Agree
12	Do you agree with the proposed conditions of licence?	Agree
13	Do you agree with the details which will appear on each licence?	Agree
14	Do you agree that records relating to bookings, drivers, vehicles, complaints and lost property should be kept and maintained as proposed?	Agree
15	Do you agree the proposal for publishing a public register?	Agree
16	Do you agree with the proposals for replacement and variation of licences?	Agree
17	Do you agree with the proposals for display of licences?	Agree

 

Question Number	Question	Agree/Disagree
18	Do you agree with the proposals for information on licences?	Agree
19	Do you agree with the proposals for fee structure?	See comments below
	The Council would request further consultation on the fee structure. Taxi operators provide an important service to the local community and contribute to the evening economy. An adequate supply of taxis along with a reasonable fare is needed to ensure customers are not deterred.
20	Do you agree with the proposals for enforcement?	Agree
21	Do you agree with the proposals for inspecting operating centres?	Agree
22	Do you agree with the proposals for suspension and revocation of licences?	Agree
23	Do you agree with the proposals for appeals?	Agree
24	Do you agree with the assumed impacts outlined in this EQIA? If no, please can you explain why and provide any evidence which supports that view?	Agree
25	Are there any issues that will impact specifically on Section 75 groups? If there are any such issues, can you explain them and provide evidence that supports that view?
26	Do you agree with the assumptions of the impact of the proposed changes on the various categories of taxi operator? If not, please can you explain why and provide any evidence which supports that view?	See comments below
	The Council would be concerned in relation to the impact of small firms who provide a valuable local service. Steps must be taken to ensure costs and administration is kept to the minimum.”