DEPARTMENT FOR INFRASTRUCTURE
TAXI-CAB CLASSIFICATIONS AND PUBLIC RANK ACCESS
Purpose of the Report
To seek the support of the Minister for Infrastructure, in accordance with his powers under Articles 37, 38(1) and 46 of the Motor Traffic (Jersey) Law 1935, to amend the terms ‘Controlled’ and ‘Restricted Taxi-Cab’ to ‘taxi’ and ‘private hire cab’ and update the classes of vehicle permitted to access public ranks under Article 3 of the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002.
Background
Following the taxi-cab industry White Paper consultation in 2014, a number of recommendations were made as to how the future of the industry should be regulated and what enhancements should be made for the benefit of the public. In September 2015 the Minister set out in Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’ the areas where it is considered that improvements to provide a more flexible and safer taxi-cab service to the public are required.
Public consultation has shown that the existing classification of restricted and controlled taxi-cabs under the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002 are not well understood and are considered confusing. It is apparent that the public are not clear as to what constraints each classification is subject to or what services could be provided by each type of taxi-cab. Examples of the public’s confusion relate to when a taxi-cab can be hailed and what fare should be charged, and when. In addition there was concern raised over the availability of restricted taxi cabs at peak times and accessible taxi-cabs.
In September 2015 the Minister set out in Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’ the areas where it is considered that improvements should be made to provide a more flexible and safer taxi-cab service to the public.
Following the Ministerial Decision, engagement with the industry and officers took place to establish how the core objectives of the reform programme can be introduced within the timescales set. These objectives being under the headings a Uniform Industry, Fair Fares, Quantitative Controls, Quality Controls and Vehicle Requirements.
During these discussions it became apparent that while the taxi-cab drivers acknowledge that improvements needed to be made, some of the detail needed to be clarified and agreed. This included the requirement of 100% Wheelchair Accessible Vehicles on the public rank. While discussions with the industry representatives were being progressed, in December 2015, the results of an island wide Disability Survey were published by the States Policy Unit. With the data provided by the survey the initial 100% WAV rank requirement was reviewed, as the survey indicated that there was a need to provide assistance to islanders with other disabilities in addition to those that needed to use wheelchairs.
Discussion
Taxi-Cab Designation
Currently a “controlled taxi-cab” means a taxi-cab which is able to pick up from a taxi rank, be hailed on street and has its tariffs set by the Minister. A “restricted taxi-cab “is one that is pre-booked and can be hailed on the street, but cannot pick up from a public taxi rank (subject to certain exemptions) and its tariffs are not controlled by the Minister.
The feedback shows the current terms used to distinguish different types of taxi-cabs is confusing. Therefore, consideration should be given to revising the current terms used for ‘controlled’ and ‘restricted’ taxi-cabs to reflect those more generally used by other licencing authorities and commonly understood by the general public.
UK licencing authorities generally define those taxi-cabs that are permitted to pick up from public taxi ranks as “taxis” and others as “private hire“. Differing restrictions are applied to these taxi-cab types by individual Licencing Authorities, dependant on the jurisdictions’ specific needs and circumstances.
Under the Motor Traffic (Jersey) Law 1935 the term ‘“Cab” means a vehicle being used to provide a cab service and the term “Cab Service” means a service that consists of the carriage by motor vehicle of passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at a fixed rate or for an agreed sum’
It is therefore proposed to change the terms used in any Order issued by the Minister from ‘controlled taxi-cab’ to ‘taxi’ and the term ‘restricted taxi-cab’ to ‘private hire cab’. This will alleviate the need to change the 1935 Law and prevent delay to the changes being implemented.
This change should be seen as an initial step to improve the public’s understanding of the industry in line with the proposals announced in September 2015 on the future of taxi-cab regulation in the Island.
It is recognised that changing the classification terms used alone will not on its own change the public’s uncertainty about who can provide what service, it is only a first step in a regulatory change programme and must be accompanied by public information improvements.
Increase in Accessible Taxi-Cab Vehicles
Current Situation
Currently the Island’s taxi ranks are served by 17 Wheelchair Accessible Vehicle’s (WAV) from a fleet of 152 controlled taxi-cabs (taxi’s) and 11 Wheelchair Accessible Vehicle’s from a fleet of 159 restricted taxi-cabs (private hire cabs). This is not considered sufficient to service the public needs and provide access to all, as other jurisdictions as well as local public transport services do. Ministerial Decision MD-T-2015-0079 stated an increase in accessible vehicles is needed to improve accessibility to taxi-cabs for customers with disabilities.
To achieve this, officers engaged with the taxi-cab Industry and obtained agreement that an initial 20% of the existing taxi- cab fleet should be WAV. It is intended that following the implementation of the initial 20% requirement that the taxi-cab service is regularly monitored and reviewed, by Driver and Vehicle Standards (DVS), to ensure sufficient service is being provided and / or maintained for the Public and report back to the Minister accordingly.
To improve accessibility for other members of the public that have disabilities, other than those who need to use a wheelchair, it is proposed that all taxi cabs will meet an Accessible Standard by no later than 1 January 2019. The technical vehicle requirements to meet the Accessible Standard are to be found in Appendix A of this report.
Implementation
To meet the agreed initial 20% WAV public rank requirement, any non-company owned private hire cab vehicle (existing white plate) which is currently a WAV and meets the ‘Accessibility Standard’ set by the Minister may apply to be permitted to access and operate from public taxi ranks, providing that they have also adopted the forthcoming prescribed branding, the PSV badge holder has completed a recognised wheelchair awareness training course and they are affiliated to a despatching entity for any pre-booked journeys. In addition, WAV taxis that pick up from any public rank or are hailed on street will not be able to charge any more than rank tariff for the journey provided.
Should the 20% public rank WAV requirement not be achieved from the existing non-company private hire WAV vehicles then Public Service Vehicle badge holders (PSV) on the existing public rank waiting list will be offered the opportunity to make up any shortfall up to the initial 20%. Once the public rank 20% WAV requirement has been achieved no further WAV vehicles will be licenced to access the public rank unless a taxi plate is retired, a WAV vehicle is replaced or if the results of any unmet demand survey indicate the WAV provision is insufficient or monitoring of the service by DVS demonstrates the same.
It is proposed that the quantity of new WAV vehicles that are allowed access to the public rank will be offset by the same number of retired taxi licences (controlled taxi-cab plates) until the numbers balance. Once this equilibrium is achieved then any further retiring taxi licences (controlled taxi-cab licences) will be replaced with a vehicle which meets the accessible standard once its driver has completed any training requirements and that they are affiliated to a dispatching entity for pre-booked journeys. The details of training requirements will be set out fully in a future Ministerial Decision.
To contribute to the total private hire cab WAV requirement a minimum of 20% of company owned vehicles will be required to be WAV. To achieve this any new or replacement Company owned vehicle (Red Plate) will be required to be a WAV until the 20% requirement is reached by the company. Any new private hire cab licence plate issued will also be required to be a WAV. A condition on a new private hire cab licence plate holder will be that they have to own and drive a WAV vehicle for a period of five years. However, if the results of any unmet demand survey indicate the private hire cab WAV provision has changed the Minister may prescribe additional measures to address the situation.
To monitor the demand for WAV’s across the taxi-cab industry DVS should undertake regular unmet demand surveys and obtain data provided from the tracking of PSV licenced vehicles. The details of vehicle tracking requirements will be set out fully in a future Ministerial Decision.
Other Measures to increase availability at peak times
Currently, at peak weekend times, availability and space at the public taxi ranks does not meet the demand. It is therefore proposed that to assist and improve this situation for the public, part time designated taxi ranks will be provided. These part time taxi ranks will be accessible by both private hire cabs and taxis at designated times and days as identified. Taxi-cabs that pick up from any part time rank or are hailed on street will not be able to charge more than the rank tariff for the journey provided.
The Future
From the 1 January 2019 all taxi-cab vehicles, subject to certain exemptions noted below, which wish to access the Public ranks will need to meet the accessibility standard.
All existing taxi-cabs licenced as at 31 March 2016 will have until 1 January 2021 to meet the accessible standard, and affiliate to a dispatching entity to continue accessing the public ranks. The drivers of these taxi-cabs will also be required to have met all training requirements.
The proposal does not compel a PSV badge holder with an accessible standard vehicle to operate as a taxi, but allows them the choice to also operate from the public rank if they wish to or continue to operate as a private hire cab focusing on pre-booked work only via a dispatching entity.
Technical Vehicle Requirements
Appendix A and B of this report provides a set of technical specifications that vehicles must comply with to be considered ‘accessible’. It is proposed that this specification forms the Minister’s ‘Accessibility Standard’ for taxi-cabs. The specification provides for both ‘Wheelchair Accessible Vehicles’ (WAV), which allow a customer to enter and travel in a vehicle while seated in their wheelchair, and ‘non-WAV Accessible Vehicles’ which are ‘Low Emissions’ or are able to seat more than four passengers, with alternative mobility items to assist entry and egress for customers with disability who do not require travel in a wheelchair.
There is a huge range of disabilities which affect disabled persons’ lifestyles and needs. This proposal is intended to provide greater choice and flexibility for the public, in particular those with disability, who may have limited transport options.
An accessible vehicle will be identified by a designated new coloured Purple plate which is clearly visible to the public, enforcement authorities and other members of the taxi-cab industry. From 1 January 2019 it is intended that taxi-cabs who wish to access the public ranks will be required to be identifiable by a common taxi branding. The details of branding requirements will be set out fully in a future Ministerial Decision.
Recommendation
The Minister is recommended to:-
- Agree to change in the Order the Terms in Article1 of the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002 from “controlled taxi-cab “ to “taxi “and “restricted taxi-cab” to “ private hire cab”.
- Prescribe by change in the Order additional wording to Article 3(2) of the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002 by the addition of Article 3(2) (b) the term – “A private hire cab may stand on a taxi rank or pick up passengers on a taxi rank if it has been approved as an accessible vehicle and displays the approved identification”. So as to allow all approved accessible standard vehicles to access public taxi ranks from the date the Order comes into effect and be identifiable as such.
- Prescribe by change in the Order additional wording to Article 3(2) of the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002 by the addition of Article 3(2) (c) the term – “A private hire cab may stand on a part time designated taxi rank and pick up passengers on that taxi rank between the designated times and days as identified for that taxi rank.
Reason(s) for Decision
In compliance with Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’:
- To provide taxi-cab classifications which reflect the common understanding.
- To establish more WAV vehicles across the taxi-cab industry.
- To permit taxi-cab vehicles that meet the designated ‘accessibility standard’ and branding requirements, to access and operate from public taxi ranks.
- To provide greater taxi-cab availability to the public at peak times by providing part time ranks for all taxi-cabs.
Action Required
- Head of DVS to instruct the Law officers to amend Article 3 of the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002 Order.
- Head of DVS to advise the taxi-cab industry of the Minister’s decision and arrange for appropriate public information to be provided.
- Head of DVS to identify part time taxi ranks and their hours and days of use and advise the taxi-cab industry of them.
- Head of DVS to establish a regular review and monitoring of the taxi-cab industry to ensure sufficient service is being provided and / or maintained for the Public.
Written by: | Senior Traffic Officer |
Approved by: | Director of Transport |
Attachments: | Appendix A and B |
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