Motor Traffic (Jersey) Law 1935: Article 29(2) Policy Amendments

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A decision made 5 March 2018:

Decision Reference: MD-T-2018-0015
Decision Summary Title :	Motor Traffic (Jersey) Law 1935 Article 29(2) Policy Requirements		Date of Decision Summary:	28 February 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 :	Taxi-Cab PSV Badge Policy Requirements		Date of Written Report:	28 February 2018
Written Report Author:	Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt?	Public
Subject: Motor Traffic (Jersey) Law 1935 Article 29(2) Policy requirements
Decision(s): The Minister approved policy changes to Article 29(2)(c) and (d) of the Motor Traffic (Jersey) Law 1935.
Reason(s) for Decision: To satisfy Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme and the requirements of Article 29(2)(c) and (d) of the Motor Traffic (Jersey) Law 1935 by a Public Service taxi-cab applicant passing a combined Driving and Island Knowledge assessment to satisfy the Inspector of Motor Traffic that he can issue a taxi-cab Public Service Vehicle badge.
Resource Implications: None
Action required: Head of DVS: To advise the taxi-cab industry of the policy changes for new taxi-cab PSV badge applicants. To write to all taxi-cab badge holders to advise them that their taxi-cab PSV badge is renewable annually. To provide an updated “Guide to becoming a taxi-cab driver”.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Motor Traffic (Jersey) Law 1935: Article 29(2) Policy Amendments

DEPARTMENT FOR INFRASTRUCTURE

MOTOR TRAFFIC (JERSEY) LAW 1935

TAXI-CAB PSV BADGE POLICY REQUIREMENTS

PURPOSE OF THE REPORT

To inform the Minister for Infrastructure that in order to satisfy the requirements of Article 29(2) of the Road Traffic (Jersey) Law 1935, a new Public Service Vehicle (PSV) taxi-cab badge applicant will meet the requirements of Article 29(2)(c) and 29(2)(d) if they undertake and pass a combined Driving and Island Knowledge assessment to allow the Inspector of Motor Traffic to issue a taxi-cab PSV badge.

BACKGROUND

Currently Article 29 (2) of the Road Traffic (Jersey) Law 1935 states

“The Inspector shall not issue a badge to drive a public service vehicle of the specific type unless the applicant has satisfied the Inspector that the applicant –

(a) has attained the age of 21 years;

(b) is fit (both as to health and as to character) to drive public service vehicles of the specified type;

(d) has an adequate knowledge of Jersey.

Historically

Historically Article 29(2)(c) has been demonstrated by the applicant undertaking a separate driving assessment in addition to their initial category B driving test (car). In addition Article 29(2)(d) has been demonstrated by undertaking a series of tests and examinations similar to those undertaken by black cab drivers in London (the Knowledge).

It appears that both the “island knowledge” and driving tests were put in place as quantitive controls to historically restrict the number of taxi-cab drivers. The number of taxi-cabs has not changed significantly for many years and remains at about 260 plus employed drivers for 38 licenced vehicles.

From previous reviews of the Industry it was clear that the supply and demand at peak time was and is still not being met.

From Unmet Demand Surveys over the last few years (2014-2017) it is clear that this situation hasn’t significantly changed for either the Private Hire Cabs or Taxis sides of the industry, in particular at weekends.

While concerns have been raised with the respective sectors of the industry with various responses and suggestions forthcoming from the industry, the fundamental hurdles remain including an aging driver profile and a reluctance to change working habits. On the private hire side, the clear message from the industry has been about them being able to have access and availability to more part time drivers, especially younger ones who will work unsociable hours. On the Taxi side it is how to incentivise drivers to work more unsociable hours, while providing an affordable service to the Public. It is evident that the introduction of a weekend part time rank at Liberation Station for all Taxi-cabs has proved very successful in addressing part of the peak time demand at weekends as town clears about an hour earlier than previously on account of private hire cabs using the facility.

However, the availability of Taxi’s generally and especially at the Ports, at certain times, remains unaddressed, although from a recent discussion with Taxi driver representatives it has been suggested that an increase in the number of vehicles accessing the public ranks should be considered. This is subject to a separate report.

From the current records 29% of current Taxi-cab Licence plate holders are over retirement age. This is predicted to increase to 38% by the end of 2019. The current 29% is made up of 86 drivers of which 66 are rank taxis (yellow plates with grandfathering rights). This equates to over 50% of the existing rank fleet drivers being over the age of 65.

DISCUSSION

Following the Minister’s announcement in 2015 the Industry is moving towards a single multi flexible service. The policy changes noted below, for obtaining a taxi-cab PSV badge, should be considered a step in encouraging new, younger and more part time drivers into the industry as well as allowing the industry to react quicker to the changing demands of the customer. In addition it should be considered that it will simplify the administration process for obtaining a PSV badge.

From a review of both the content and statistics associated with the current “Island Knowledge” tests, it appears that this is the biggest single barrier to entering the industry for new drivers. It not only requires a significant amount of time to complete (currently a two hour examination) but also to study for, it also requires a retentive memory, in addition to the associated costs for undertaking it. With the advancement of technologies, in particular the use and accuracy of GPS, it should be considered whether the “Island knowledge” tests are suitable in today’s society. Especially as an entrant taxi-cab PSV badge holder must work for a taxi-cab company who is solely responsible for both dispatching the work and the level of customer service provided.

The test data shows that over the last few years the number of applicants taking the Island Knowledge tests has diminished and the pass rate remains low. In 2014 there were 72 test applicants, of which 38 actually undertook the test and 28 passed, with only 42% of the 28 applicants passing first time. In 2015, 47 applicants took the test of which 21 passed with a similar percentage passing first time as in 2014. In 2016, 35 applicants took the test of which 13 passed with only 23% of the 13 passing first time. In 2017 only 19 applicants applied to take the tests, with 5 passing.

While it is still considered that to obtain a taxi-cab PSV badge the applicant must demonstrate that they meet the requirements of Article 29(2) it should be considered that when they undertake the driving test to satisfy Article 29(2)(c) they are able to demonstrate their knowledge of Jersey (Article 29(2)(d)) by driving the Examiner to locations around the Island during their test. This will reduce both time and cost to the applicant, as well as providing a practical demonstration on the applicant’s actual ability to be a taxi-cab driver.

At present from applying for a PSV badge to actually obtaining one is at best six months, which doesn’t allow the industry to respond, resolve or plan to meet any supply and demand issues and is therefore not in the public interest.

It is proposed that in the interest of the public the policy changes come into effect immediately for all new and existing taxi-cab PSV badge applicants.

RESOURCE IMPLICATIONS

For new PSV badge applicants there is a financial saving for these proposals. For the Driver and Vehicle Standards Department (DVS) there is a potential loss of income of circa £1,500 pa from the current level of driving and knowledge tests.

Combining the knowledge and driving test will free up two hours of face to face DVS Examiners time for every applicant plus administration time.

As part of the policy changes it is proposed that a new “Guide to becoming a Taxi-cab Driver” is produced for new applicant’s information. This can be produced from current DVS resources.

RECOMMENDATION

The Minister is asked to:-

Agree that all Taxi-cab PSV applicants that meet the policy changes for Article 29(2)(c) and (d) will be issued a taxi-cab PSV badge to work in the industry, with immediate effect.
Ensure that all taxi-cab badges are renewed annually.
Ensure that all taxi-cab companies are aware of the policy changes.

REASON(S) FOR DECISION

To maintain and increase taxi-cab driving resources in the Public interest.
To satisfy the requirements of Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme.

ACTION REQUIRED

Head of DVS:

To advise the taxi-cab Industry of the policy changes for new taxi-cab PSV badge applicants.

To write to all taxi-cab badge holders to advise them that their taxi-cab PSV badge is renewable annually.

To provide an updated “Guide to becoming a taxi-cab driver”.

Written by:	Senior Traffic Officer

Approved by:	Director of Transport Policy