Taxi Driver Online

a. Transport Directorate
Bus, Freight and Roads Division


T: 0131-244 0866 F: 0131-244 0871
E: Dave.Williamson@scotland.gsi.gov.uk

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Mr
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Our ref: 2008/0002253OR
21 February 2008


Dear Mr

Thank you for your e-mail of 17 January 2008 addressed to the Minister for Transport, Infrastructure and Climate Change raising a number of issues with regard to taxi policy and calling for overhaul of the Civic Government (Scotland) Act 198 (the 1982 Act). I have been asked to reply.

Licensing authorities have considerable discretion under the provisions of the 1982 Act to determine the licensing arrangements appropriate to its area. The best practice guidance issued by the Scottish Government in December 2007 seeks to promote best practice in taxi and private hire car licensing in the interests of quality and public safety. It does not however set out to provide an interpretation of the legislation. It is for licensing authorities to determine the licensing arrangements appropriate to their areas in the light of local circumstances and their own legal advice.
We would however recommend that all councils to adopt the best practice recommendations in full, without having to issue further guidance.


With regard to wheelchair accessible taxis, responsibility for the determination of the technical requirements for accessible taxis in the UK is reserved to the Westminster Government. The Department for Transport (DfT) is presently evaluating the options, both regulatory and non regulatory, for taking this forward. DfT will doubtless in their deliberations have regard to the findings of the joint study into the design of taxis to meet the needs of disabled people, conducted by the European Conference of Ministers of Transport (ECMT) and the International Road Transport Union (IRU). We understand that the UK Government will announce how it is to proceed shortly.

In the absence of a technical specification for accessible taxis under the Disability Discrimination Act 1995 policy decisions as to the suitability of vehicles for licensing purposes in terms of section 10 of the 1982 Act are a matter for individual licensing authorities to determine in the light of their own legal advice. We are aware of recent court decisions in Renfrewshire and more recently Aberdeen which may be relevant to Council policy in regard to wheelchair accessible taxis. It is, however, a matter for individual licensing authorities to determine the implications of these judicial decisions for council policy.

You refer in your letter to local authority powers to restrict the number of taxi licences issued in council areas and suggest that councillors in some areas have a vested interest in keeping such a policy in place. You may be aware that elected councillors are expected to act in their dealings in accordance with a statutory code of conduct under the Ethical Standards in Public Life etc. (Scotland|) Act 2000. Failure to do so can result in a complaint being lodged with the Standards Commission for Scotland and independent body set up under the 2000 Act with powers to investigate complaints of misconduct. Further information on the Standards Commission can be found at:-

http://www.standardscommissionscotland. ... plain.html

You raise again the question of queuing procedures at taxi ranks and seek amendment to the 1982 Act. I am afraid that there is nothing which I can add to previous responses from this office on this issue. The arrangements for the licensing of taxis and private hire cars is a matter for individual licensing authorities under powers contained in the 1982 Act. The question therefore of display of signage and licensing conditions governing the conduct of drivers at ranks are matters for individual councils to determine. There are no proposals to revise the 1982 Act in the manner in which you suggest.

I hope that this response is helpful.


Yours sincerely


D R Williamson

Sounds like they are still trotting out the same line as before.
He's saying it's a matter for individual councils.
Didn't the Renfrewshire Sheriff say it was a matter for them, and that councils have no such power?

I think they are waiting to see what happens with the appeal. If the Sheriff's opinion is upheld, it will make a nonsense of this answer.

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

I think he's arguably just playing it by the book here.

Clearly the Scottish Government can legislate to tell councils what to do, but unless this happens councils are only accountable to the courts and any interested party taking legal action, and the Government can't interfere with this or give legal advice to the public.

Thus even if councils ignore the Renfrewshire judgement the Government can't do anything about it unless they legislate - short of this the only redress to recalcitrant councils is via action taken in the courts by people like us.