Dusty
Quote:
Some good stuff in your post John, but I think that as regards your view on what might be called 'market transparency' you've effectively done what that OFT did - ie sum up a complex and untransparent market in a sentence or two, whereas the reality is a bit more complicated.
Our recent article tried to shed a bit of light on this (or at least raise more questions!), but I would say that it's really not a thing that any of us can give anything like a definitive answer on.
Dusty
I hope my individual comments didn't come across as trying to portray Market transparency in the purchase of Hackney Carriage licenses.
I was trying to put across the fact that nearly all Hackney licences that change hands for monetary gain are in the main bought by individuals who either work or have worked in the industry.
My experience tells me that in the main licences are purchased by individuals who have tracked out somebody else’s vehicle and then realised that the £200 they are paying for a night track would be better spent on buying a licence. I suppose the added incentive is that he can then employ another driver on his vehicle and I suspect he realises that the money he gets from this other driver will pay for the loan he took out to buy the licence in the first place. The person I'm refering to will of course already know the state of play regarding deregulation because he works in the industry.
How many consumers do you know outside the industry that have bought licences for huge sums of money and do not hold a badge of any type?
In reality, licences stay within the trade at one level or another, whether it be for personal use or for the purpose of tracking a vehicle out for profit.
If consumer transparency where the issue then perhaps the sale of licences should also be transparent. Perhaps those licenses that are for sale should be advertised by the council and sold with a health warning saying that the council reserve the right to deregulate Taxi numbers as and when they see fit. The licence holder would get his money and the purchaser would get fair warning as to the councils intent. We all know that’s not going to happen so it takes us back to my original comment about not parting with your money until you are satisfied its safe to do so.
Transparency in the sense of buying a licence resides in the buyers own knowledge of whether he understands section 16 of the 1985 Transport act, EU articles 81, 82 and 86 and last but not least the GATT agreement. The latter two are purely based on competition and are closely linked to what the OFT original enquiry was all about. Article 82 is the main plank of legislation, which overrides section 16 of the Transport act.
The OFT is allied to the DTI which has been given the responsibility to search out and repeal all legislation which is incompatible with EU Competition law. Hence, this investigation into the Taxi trade and in particular section 16 of the Transport act. All these legislative acts should have a bearing on how wisely a person spends his money when considering such purchase as a licence.
I'm sure everyone interested in this debate knows that so far there have been no challenges on licence refusal based on European law, especially article 82. We have established law regarding section 16 of the Transport act by way of stated case. Lord Justice Woolf was the main architect in establishing the rights of a local authority to deny a licence application until such time a survey for demand had been undertaken. That is the precedent set today but I expect future challenges will not be based on section 16 of the 1985 Transport act they will probably be based on article 82 of EU competition law and the GATT agreement. With GATT, the appeal is conducted by an appeals panel in Geneva, there is no recourse by law, once they have made a decision it is final.
As recently as last year Reading borough council voiced reservations that Gats will make section 16 of the transport act impotent. If anyone is interested in how Gatt might effect future Taxi licencing Type this in your browser "GATT and taxi licensing" It may be of some use.
Best wishes
John Davies.
Manchester.