PH Motorcycle Consultation Farce.!
Whisk Off to the Airport, but Please Hang On
Transport For London (TFL) sent out a Private Hire Motorcycle consultation paper to which The London Cab Drivers Club (LCDC) rejected the Licensing of Private Hire Motorcycles being used in London. After reading the outcome , it seems more like the referendum on the Euro in IRELAND, let’s keep on voting until ( they ) get the outcome ( they ) are after. I think TFL sent out this paper hoping that no one would bother to oppose it and that they could push it though quietly and under everyones radar. The (LCDC) have put a freedom of information request in to find out just how much time and money has been spent on this paper, when we find out we will post it up. Lets hope the Taxi and private hire consultation does not have the same outcome?
Licensing of Motorcycles as Private Hire Vehicles
In 1998 the Private Hire Vehicles (London) Act 1998 was passed which was intended to improve the safety of passengers who use private hire vehicles (PHVs) by providing for the licensing of PHVs. To facilitate the phased commencement of PHV licensing in London, the Private Hire Vehicles (London) (Transitional Provisions) Regulations 2004 (“the Transitional Regulations”) provided that vehicles already operating as PHVs at that time would be issued with temporary permits until licence applications were considered. Under the Transitional Regulations, a small number of temporary permits were issued to two-wheeled motorcycles which were operating at that time.
At the time of introduction of PHV licensing, consideration was given to the type of vehicle which should be licensed as a PHV. It was proposed that PHVs should be constructed and ‘type approved’ to vehicle class M1 which included a requirement for a minimum of four road wheels. Following a public consultation this proposal was adopted and this requirement is now contained in the Private Hire Vehicles (London PHV Licences) Regulations 2004 (“the PHV Licence Regulations”).
Since that time, the temporary permits issued under the Transitional Regulations to existing operators of two-wheeled motorcycles have remained in place. In recent years Transport for London (TfL) has received requests for PHV licences for two-wheeled motorcycles from other operators. PHV licences for these vehicles cannot be issued by TfL under the existing PHV Licence Regulations as the vehicles do not satisfy the requirement that they belong to vehicle class M1 as they do not have a minimum of four road wheels. The PHV Licence Regulations do provide that TfL may exempt a vehicle from any of the licensing requirements specified in the regulations where TfL is satisfied that, having regard to exceptional circumstances, it is reasonable to do so. However TfL does not consider that exceptional circumstances exist which would allow an exemption to be granted in respect of two-wheeled motorcycles. In addition, new operators cannot be issued with temporary permits under the Transitional Regulations as these vehicles were not operating as PHVs at the time PHV licensing was introduced.
However, in light of the ongoing requests which TfL has received, TfL has been further considering whether two-wheeled motorcycles should be licensed as PHVs and whether the PHV Licence Regulations should be amended. As part of this consideration TfL has looked at the experiences of two-wheeled motorcycles operating as PHVs in other parts of the UK and in Europe. TfL notes licensing authorities outside London have considered this issue and have taken different approaches to licensing two-wheeled motorcycles with some licensing authorities granting licences and others refusing to do so. TfL has considered the High Court case of
Licence Regulations”).PHVLicences) Regulations 2004 (“the PHVis now contained in the Private Hire Vehicles (London requirement and this was adopted for a minimum of four road wheels. Following a public consultation this proposal requirement which included a M1constructed and ‘type approved’ to vehicle class should be PHVs that was proposed. It PHV licensed as a should be licensing, consideration was given to the type of vehicle which PHV to two-wheeled motorcycles which were operating at that time.At the time of introduction of were issued. Under the Transitional Regulations, a small number of temporary permits were considered at that time would be issued with temporary permits until licence applications PHVslicensing in London, the Private Hire Vehicles (London) (Transitional Provisions) Regulations 2004 (“the Transitional Regulations”) provided that vehicles already operating as PHV the phased commencement of facilitate. To PHVs) by providing for the licensing of PHVs to improve the safety of passengers who use private hire vehicles (was intended which was passed In 1998 the Private Hire Vehicles (London) Act 1998
Leeds City Council v Chaffeur Bikes Consultation Statement June 2010Page 2 of 2
and also taken into account the new regulations introduced in Paris in relation to the operation of motorcycle taxis there which contain a number of conditions which must be satisfied before a licence is issued. TfL also undertook a public consultation in February 2009 on whether two-wheeled motorcycles should be licensed as PHVs to which the responses received were broadly supportive of the proposal.
As the question of whether two-wheeled motorcycles should be licensed as PHVs is an issue for both TfL in London and other licensing authorities outside London and given the detailed conditions which must be satisfied for a licence to be granted in the Paris scheme, TfL considers that a national approach to this issue is required. TfL considers that the Government should issue guidance to all licensing authorities in the UK stating whether motorcycles should be licensed as PHVs and the conditions on which licences should be granted. TfL considers that this would ensure that there is an appropriate PHV licensing framework in place for two-wheeled motorcycles which could be applied consistently by licensing authorities throughout the UK. TfL will press the Government to issue such guidance to licensing authorities.
Until such time as guidance is issued by the Government, the existing position in London will not change. Consequently, the existing temporary permits will remain in place. New licences for two-wheeled motorcycles will not be granted as they do not satisfy the requirement in the PHV Licence Regulations and TfL does not consider it is appropriate to grant exemptions from those licensing requirements. As stated above, no further temporary permits may be issued under the PHV Transitional Regulations.
Transport for London