Question
I am writing to you today to raise an issue that has been a long term concern for the Hackney Carriage and Private Hire trade in the Wokingham Borough for both independent drivers and company operators alike, and hope that you find the time to review these valid concerns.
Previous similar or the same concerns were aired to the Wokingham
Borough Council Licensing department has resulted in no action or
response whatsoever in any way.
A very similar issue concerning a neighbouring local authority,
Reading Borough Council, was resolved by the concerned body to
actively pursue the necessary means to deal with such a situation.
In this case UBER, which operates illegally in boroughs in which it
is not licensed. I am led to believe
Reading Borough Council has stopped UBER operating illegally within
its Borough by way of disabling the UBER app.
It is felt by the Hackney Carriage and Private Hire trades that
Wokingham Borough Council are not at all supportive of any valid
concerns presented to them. If Reading
Borough Council can stop illegal activity of this nature then why
cannot Wokingham Borough Council?
Drivers and vehicles licensed by outside authorities, in the
majority of cases Transport For London
(TFL) licence holders, are free to operate unchallenged by any
enforcement challenge whatsoever.
The general feeling among operators and drivers alike is why we are
paying for driver badges and vehicle plating.
Would you please kindly explain what Wokingham Borough Council
intends to do about such illegal activity within its
Borough?
Minutes:
Question
I am writing to you today to raise an issue that has been a long term concern for the Hackney Carriage and Private Hire trade in the Wokingham Borough for both independent drivers and company operators alike, and hope that you find the time to review these valid concerns.
Previous similar or the same concerns were aired to the Wokingham
Borough Council Licensing department has resulted in no action or
response whatsoever in any way.
A very similar issue concerning a neighbouring local authority,
Reading Borough Council, was resolved by the concerned body to
actively pursue the necessary means to deal with such a situation.
In this case UBER, which operates illegally in boroughs in which it
is not licensed. I am led to believe
Reading Borough Council has stopped UBER operating illegally within
its Borough by way of disabling the UBER app.
It is felt by the Hackney Carriage and Private Hire trades that
Wokingham Borough Council are not at all supportive of any valid
concerns presented to them. If Reading
Borough Council can stop illegal activity of this nature then why
cannot Wokingham Borough Council?
Drivers and vehicles licensed by outside authorities, in the
majority of cases Transport For London (TFL) licence holders, are
free to operate unchallenged by any enforcement challenge
whatsoever.
The general feeling among operators and drivers alike is why we are
paying for driver badges and vehicle plating.
Would you please kindly explain what Wokingham Borough Council
intends to do about such illegal activity within its
Borough?
Answer
Under the existing legislation, private hire vehicles are not restricted geographically; meaning they are not limited to working in the area in which they are licensed. The legislation, being the Local Government (Miscellaneous Provisions) Act 1976, and subsequent case law, confirm that as long as the driver, vehicle, and operator licence are all issued by the same licensing authority, the actual journey can take place anywhere in the country.
The local authority has no power under the current legislation to ‘ban’ drivers working in vehicles licensed by another authority from working in Wokingham.
A report is to be presented to the Committee this evening which includes recommendations that the Chairman writes to the local Member of Parliament, as well as other stakeholders to confirm the Council’s view that the current legislative framework is unsatisfactory. The full reasons for this recommendation are as outlined within the report, but in summary it is felt that it is not acceptable that officers do not have the authority to test or inspect licensed vehicles working within the Council’s area.
It is also noted that this issue is mentioned within the recently published report of the Government’s Task & Finishing Group which was reviewing the legislation. The report recommends to government that the law is amended to require taxi or private hire journeys to either start or end within the area for which they are licensed.
Reading Borough Council, like Wokingham Borough Council, have no powers to ban any driver licensed by another authority from working within their boundaries. The Council’s understanding is that Uber had an application for a private hire operator’s licence refused by Reading Borough Council in March 2016. No such application has been made to Wokingham Borough Council, so therefore we are not in a position to make any similar refusal. Should an application be made, it would be considered on its merits as per any other new application.
In March 2018, uber changed their operating model to only allow drivers to receive bookings from within certain regions. These regions are decided by uber themselves and it is understood that Wokingham is considered by uber to be within the Greater London region, whereas Reading is not. This is a decision made by uber and is not a legal requirement. Further information on this is available on the uber website - https://www.uber.com/en-GB/blog/changes-to-where-drivers-can-receive-trips/.
Numerous assertions are made within the question as to illegal activity. If Mr Akhtar has evidence to support these allegations then they will certainly be investigated. However, it is fact that simply by being within Wokingham and operating as an uber driver does not constitute an offence. This was found to not constitute plying for hire in a case recently heard by the Chief Magistrate. Licence holders have previously been encouraged to report any instances of alleged plying for hire to the Council so they can be investigated, but to date no such evidence has been provided to support the allegations that such drivers have been plying for hire.
The Council are in agreement that the current legislation is inadequate to deal with the recent growth of app based operators, as officers do not have the authority to carry out routine enforcement action in relation to vehicles from other areas. However, the Council is also not aware of any illegal activity such as that mentioned within the question.