Taxi Driver Online

I'm surprised this one hasn't appeared on here yet; But, if it has could someone include a link please?

Note short closing date - 27th February.

http://www.dft.gov.uk/consultations/open/mobile/

As I understand it, the EU is purporting to amend the definition of self-employed and include those caught within the working time directive.

As with all theses things, I'm struggling to see exactly what this would mean to us....

It was emailed to NTA members a couple of days ago; and indeed to TDO.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

That's where I picked it up.

Will it affect us to any degree? If so, in what respect?

I'm not sure, the LTDA when I spoke to them today don't seem too worried at all, and from the viewpoint of a hackney carriage I can see their point.

It all alludes to the changing of the description of a self employed person.

As you will be aware, as a hackney carriage driver you have no real say in who hails your cab.

But with PH? Not too sure, traditionally the contract is between the PH operator and the Customer, the driver must do what the PH operator tells him, therefore he hasn't got a say in who he works for and is arguably a sudo employee?

I think its described in pages 5 & 6 of the first document.

As I say, perhaps the HC trade wont be affected, invariably drivers either have their own cabs or rent them.

But with PH? hmmmm.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Are you a 'mobile worker' or 'self employed' as defined below?



5. The proposed new definition of a mobile worker is as follows;

“mobile worker’ shall mean any worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account; mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but:

i. who does not have the freedom to organise the relevant working activities;

ii. whose income does not depend directly on the profits made;

iii. who does not have the freedom, individually or through a cooperation between

self-employed drivers, to have relations with several customers.”

6. The second part of this new definition (underlined above) has been effectively taken from the current definition of what a self-employed worker is as set out below;

“'self-employed driver' shall mean anyone whose main occupation is to transport passengers or goods by road for hire or reward within the meaning of Community legislation under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport, who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship:

i. who is free to organise the relevant working activities,

ii. whose income depends directly on the profits made; and

iii. who has the freedom to, individually or through a cooperation between self-employed drivers, have commercial relations with several customers.

For the purposes of this Directive, those drivers who do not satisfy these criteria shall be subject to the same obligations and benefit from the same rights as those provided for mobile workers by this Directive.”

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IDFIMH

So, in our situation, we are HC but with 64 cars, the largest company in the borough. A lot of our work is PH type but, when we clear a job, we return to a rank, available for hailing on the way.

From what you state above, it is my belief that we may fall outside the provisions.....

Would you agree?

[cross-posted with Sussex, above]

Guess that mean us then

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I'm inclined to agree, so I trust you'll advise the NTA who can respond on your behalf

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

This seems to indicate that HC may fall outside the provisions.

If you, or anyone else, are free to do as they like, to work when they choose, to take work from more than one company, then you can carry on as you are.

If however the self-employed status is just a ruse to get around the 48 hour week, I would say less than 1% of us, then you are going to have to get a proper contract of employment.

IMO this directive is a good move.

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IDFIMH

Indeed.

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IDFIMH

I'm not too sure.

Can a private hire driver tell the PH operator what work he does?

Can a PH driver work for a number of different PH operators during his working week?

There are cases where drivers are told which shifts they must work by OP's.

Indeed, the PH Op sets the rate of fares?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Indeed, which complicates our particular situation; We have a rule: 'press the button, do the job.' So in that instance, the company are dictating our activity at that moment.

He is free to refuse work, and is free to go to another operator. All the profits of his work are his.

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IDFIMH

He can operate his own PH ops license as well as working with a larger operator.

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IDFIMH