-----------------------------------------

MADRID (Reuters) - Taxi-drivers in the Spanish capital seeking tighter regulation of Uber and other ride-hailing services called off their indefinite strike on Tuesday after 16 days during which they obtained no concessions from the Madrid regional government.

Madrid’s refusal to accept drivers’ demands came after ride-hailing companies Uber and Cabify said last week they were suspending their services in Barcelona in response to the regional government’s imposition of limits on how they operate in the city.

Union representatives in Madrid said the strike had demonstrated the unity and power of the drivers, which would help them continue the fight for their demands.

“It is a long war, in which you can lose battles, but in the end I’m sure we can win,” Julio Sanz, head of the Taxi Federation union, told reporters.

The city’s taxi drivers started the protests on Jan. 20 against the private services, which offer rides that often undercut taxi prices and can be hailed via the internet rather than in the street.

Last week, riot police backed by a fleet of tow trucks had to clear hundreds of vehicles blocking the capital’s Paseo de la Castellana thoroughfare.

In September, Spain’s government gave ride-hailing companies four years to comply with regulation granting them just one new license for every 30 taxi licenses. The cab drivers are demanding stricter regulations now.

Following protests by Barcelona taxi-drivers, the Catalan government had ruled that ride-hailing services could only pick up passengers after a 15-minute delay from the time they were booked. 

https://reut.rs/2t5u9Tw
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 HOVE

A FORMER taxi driver who sexually assaulted two young girls has been sent to prison for 18 years.

Harry Miah from Norfolk Drive, St Leonards, used to work as a cab driver driving children to schools in East Sussex.

The 53-year-old was sentenced at Hove Crown Court on Monday.

The sex attacks happened between 1991 and 1998 in the Hastings area.

Miah’s job was taking care of vulnerable young children and escorting them to school and home.

During the taxi school run he sexually abused a schoolgirl aged between the ages of 12 and 15 on multiple occasions.

In September last year he was convicted of two counts of indecency with a child and one count of inciting a child to engage in sexual activity.

During the same period Miah also sexually abused another young girl he knew from when she was six until her teenage years.

He was convicted of two counts of indecency with a child after a trial in September last year, and in January this year he pleaded guilty to another count of indecency with a child and one count of attempted rape, all in relation to that girl.

He also admitted having extreme pornography on his computer.

Miah will be a registered sex offender for life and was also given a lifelong sexual harm prevention order, severely restricting his access to children and computers.

PC Kelley Gray said: “This has been a really difficult and distressing case, due to it’s historic nature and to the challenge of sensitively but fully obtaining the evidence from such a long time ago, but this outcome shows that it is possible.

“This investigation started in April 2016 when the victim of the offences in Miah’s taxi contacted us about a separate matter and was triggered by this into recalling and disclosing what had happened to her in the 1990’s.

“This has been a very long process for everyone involved. Both victims showed great courage and strength in coming forward to describe the horrific events that they have experienced, events that as young vulnerable children they should never have had to endure.”

“Victims of this type of offending do not need to suffer in silence. If you, or people you know, are being abused in this way, contact us in confidence at any time online or by calling 101,and arrange to talk in confidence to experienced investigators.”

Children's charity the NSPCC said: "Miah was trusted to look after the vulnerable children in his care and instead of ensuring their safety he carried out a prolonged campaign of abuse.

“His victims have shown great bravery in speaking out about their experiences and we hope they have received help and support to get their lives back on track.

“This case sends a clear message that victims of sexual abuse can achieve justice and they will be listened to.”

https://bit.ly/2t6qwg7
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A TAXI driver has criticised Durham County Council over the way it awards contracts to transport children and vulnerable adults to school.

Trade representative for Durham City cabbies, Neville Forbes, said the council is running a two-tier system with Durham drivers and those from outside the area.

He said those applying for a Durham taxi licence have to pass a council-approved driving test as well as a local knowledge test to operate in the county.

However, he said those bidding for educational contracts did not require either and are “putting children at risk”.

Mr Forbes, who has been a taxi driver for more than 15 years, said: “You have to pass both tests and when we have asked why we have these tests they say it’s safeguarding.

“I accept it and I think it’s a good idea but we also have an integrated transport system with a portal where you can register an interest in contracts – I have asked the council if drivers from outside County Durham tender was lower and they said yes so they’re allowing out of town drivers to transport vulnerable adults and school children without all of the criteria.”

Mr Forbes added: “They’re putting the lives of children at risk by allowing contracts to be performed by people who have not reached these standards.

“The only way they can do it fairly is to insist these out of town drivers take these tests – until that takes place they should not be doing education contracts as the council is operating a two-tier system.”

Mr Forbes said he understood the council wanted to get the best deal but that the competition had to be “fair” for all.

He has now submitted a complaint to the council to ask bosses to change the policy.

He said: “I just think if Durham County Council has certain criteria for its drivers then any other driver coming into County Durham to perform contracts should meet the requirements that the county set out – otherwise you are putting children and vulnerable adults at risk.”

Andy Leadbeater, integrated passenger transport manager at Durham County Council, said the council had received Mr Forbes complaint and insisted the safety of children and vulnerable adults was “paramount”.

He said: “Ensuring the safety of children and vulnerable adults is paramount in our transport arrangements and is why all of the drivers and passenger assistants we contract undergo enhanced DBS checks and safeguarding training.

"We have received Mr Forbes’ complaint and will respond to him directly.”

https://bit.ly/2Sc8HuV

 

http://www.imeche.org/news/news-article/councils-to-install-more-than-300-ultra-low-emission-taxi-charge-points

 OXFORD City Council is training technicians to give authorised services to electric taxis in the hopes of encouraging local cab firms to start buying zero-emissions vehicles.

Oxford Direct Services, the commercial arm of the council, has signed a three-year agreement that has seen it approved as an authorised service dealer for the TX, 'the world’s first purpose built electric black cab'.

Read also: Council will move car park decking across city, despite 26-year payback

The team will soon be able to service the cars, carry out warranty work, supply parts, respond to any breakdowns and undertake body repairs where needed.

They will become part of a network of such 'authorised service dealers' stretching from west London to Birmingham.

It is hoped the agreement may speed up the introduction of zero-emission black cabs into Oxford’s fleet.

Under the council's Zero Emission Zone scheme, Hackney carriage drivers can only get a licence in 2025 if they have a zero-emission cab – but none have as yet made the switch.

 The council is investing £500,000 to install 19 rapid electric vehicle charging points to support taxi drivers who switch to low emission cars.

The first chargers will be installed this Spring and the project will run until Spring 2020.

Tom Hayes, executive board member for a safer and greener environment, said: “Our black cab drivers are an absolute credit to the city of Oxford. Not only do Hackney carriage drivers move people around the city safely, they want to make the Zero Emission Zone a success. Together we’re determined to have a green and clean black cab fleet with the iconic London look.”

https://goo.gl/5RBqcq
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Green cabs: Government unveils plans for over 300 electric taxi chargepoints

Plans to accelerate the rollout of ultra-low emission taxis are set to receive a major boost today with the news the government is to fund over 300 dedicated chargepoints across the UK.

The Department for Transport (DfT) will today award more than £6m of funding to 17 local authorities across the UK as part of a programme designed to provide almost 300 chargepoints and a further 46 fast-chargepoints for use by plug-in taxi operators.

Projects being funded include Transport for Greater Manchester's plan to install chargepoints at Manchester Airport's Taxi Feeder Park, plans to create hubs for ultra-low emission taxi charging in strategic locations across Leicester, and new charging arrays in Brighton and Hove and the North East.

The move follows a similar £14m funding award last March, which supported the rollout of 389 rapid and 143 fast chargepoints.

Jesse Norman, Future of Mobility Minister, said the latest funding represented an important milestone in the delivery of the government's Road to Zero Strategy.

"The government wants all new cars and vans to be effectively zero emission by 2040," he said. "Getting the right infrastructure and investment in place is a crucial part of this. Today's funding will support almost 4,000 ultra low emission vehicles across the country. It is a further sign that the UK is making real progress in the transition to greener transport."

His comments were echoed by Automotive Minister Richard Harrington, who said the new charge points for greener taxis would "help accelerate a cleaner environment for people across the UK".

"This will also point the way for a better, healthier future for us all as part of the government's modern Industrial Strategy which builds on the government's long-standing partnership with the UK automotive sector," he added.

The government is hoping its support for EVs can help stimulate investment in the automotive sector, at a time when leading car giants have warned Brexit could force them to shift production lines and investment to the EU.

Ministers are also optimistic plug-in taxis can play a major role in both driving demand for EVs and tackling urban air pollution.

Demand for plug-in hybrid black cabs from UK-based manufacturer LEVC has soared in recent months, as cabbies look to take advantage of the lower running costs plug-in vehicles offer. Meanwhile, Uber has set a high profile target to switch to a fully electric fleet in London by 2025 and has introduced a new charge on all journeys to help fund the transition.

However, some taxi operators have warned access to chargepoints could slow the shift towards plug-in vehicles, especially if demand for public chargepoints continues to increase as more motorists switch to EVs themselves. As such, the promise of more dedicated chargepoints is likely to be welcomed by environmental campaigners and taxi operators alike.

The move is the latest in a series of funding commitments from the DfT designed to strengthen a decarbonisation strategy that has been widely criticised by MPs and campaigners for not being ambitious enough.

Today the government will also announce the winners of a £14m competition to fund hydrogen fuel cell vehicle projects. The move follows the award of funding last week to a range of green projects, including initiatives to develop solar roads, fill potholes using plastic, cut emissions from diesel trains, and connect solar panels to the rail network.

https://bit.ly/2MTNOz2
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SPAIN

Much of the media coverage of the latest flare up in Spain’s ongoing campaign by taxi drivers against ride hailing services like Uber and Cabify has been based on fundamental misunderstandings of the issue, at the same time as regional and local governments have failed to tackle the escalating violence used by cab drivers and have instead buckled under pressure and resorted to measures that can only be described as weak-kneed and populist. If nothing else, the situation in Spain should serve as a warning to other countries - and also to tourists who might think, when they see images of angered taxi drivers wearing yellow vests like in France, that Spain is somehow a dangerous country to visit: trust me, it is not.

The pathetic response of Catalonia’s regional government to an indefinite strike by taxi drivers in Barcelona and Madrid that began on January 21 has been to require users to book non-licensed taxis (known in Spain as VTCs, or Transport Vehicles with Chauffeur) 15 minutes ahead of their journey time. Cabify and Uber have said they will cease operations there, leaving their 4,000 drivers unemployed.

Spain’s taxi drivers are out of touch with reality. Over the years, I have written about how they have ruined their reputation and that of the cities they operate in through their violent tactics to protect their interests. The simple truth is that with every taxi strike more and more people opt to download urban transport apps, try them out and establish conclusively the superiority of the service they offer. Given the choice of a customer-focused service with introductory offers and loyalty programs, increasing numbers of people are turning away from traditional taxis that continue to talk purely in terms of a fare. In France many taxis now typically offer free water, mobile phone chargers and a range of payment systems, while in Spain many drivers are still living in the last century and will even balk at changing a €50 note or refuse to take credit cards, despite being obliged by law to do so.

Herewith a few thoughts on why licensed taxi drivers are now part of the problem rather than the solution to urban transportation:

    Taxi licensing systems are obsolete. They date back to the days when, due to the so called tragedy of the commons, it was necessary to establish a maximum number of drivers who could operate in a city so as to prevent price wars that would eventually put them out of business. For example, Lima decided not to establish a licensing system: the result was a free for all that, far from benefitting passengers, created a highly unsafe situation. But systems based on apps and privately run adjust to supply and demand. Most Lima’s taxis now work on apps, giving drivers a reasonable level of income and passengers safety. Taxi drivers’ objections to surge pricing only demonstrates their inability to understand that these systems regulate supply and demand and increase the value proposition for driver when there are not enough vehicles offering their services.

    Legislation is not written in stone and instead, must adapt to technology. Spain’s taxi drivers are demanding a one-to thirty ratio between licensed taxis and ride hailing vehicles. This ratio dates to the days before smartphone apps and when the only way to order a vehicle with a driver was via a telephone call. Apps have changed all that and the law must evolve accordingly.

    No particular skills are required to transport people around a city other than a clean driving license, no criminal record for offenses that could be considered a threat to passengers, and the ability to read a GPS. Establishing requirements, licenses or making drivers sit exams is simply creating entry barriers and feeding a black market in licenses, which in some cities have been sold for astronomical sums.

    Cities should seek to consolidate the widest and most diverse range of mobility services, including public services such as buses, trams, metro, trains, as well as unrestricted taxis and mobility apps, car-sharing such as Car2go and Emov, car pooling and micromobility systems such as bicycles or scooters, all coordinated with apps to provide coordination and a shared ticketing system. Applications such as Google Maps, Apple Maps, Citymapper, or Uber, which cities like Denver now include public transportation in its app, all point in the right direction.

    Restrictions on these services reduce mobility. Shared mobility systems require economies of scale. In cities where Uber Pool operates, the average price of transport decreases significantly. In Madrid, there are several companies looking to offer this type of service, but faced with violent opposition from taxi drivers, have pulled out for the moment.

    Taxi drivers should not be allowed to bring a city to a halt. Firstly, because they are self-employed and so have no right under law to strike. Furthermore, many taxi drivers use their license to exploit other drivers by subcontracting their taxis out to them. In the case of Spain, we are not talking about a strike, so much as a lockout: it’s drivers working for app-based companies who are the employees and who are being stopped from working. How the police failed to act to protect people from being held hostage in this way beggars belief: the message being sent out by the authorities is that using violence and intimidation are legitimate means of protest.

    Nobody has the right to simply expel competitors. Not only is it illegal, it’s unsustainable. If one thing has emerged in all this, it’s that taxis and public transport alone have failed to meet our needs. The only way to increase mobility in our cities is by offering as wide a range of transportation solutions as possible. Taxis clog up our streets as they cruise around in search of fares, while app-based vehicles only take to the road after they’ve been hired.

    It’s a myth that taxi drivers are being put out of work by evil companies based in tax havens: Uber is registered in Delaware, as are half of online businesses, because it’s the fastest and cheapest place in the United States to set up a business. Cabify is a Spanish company but also set up in Delaware for the same reason, and in any normal country it should be a source of national pride rather than being forced out of business. Both companies take a percentage of each fare, but the vast majority of the income generated goes to workers who pay income tax in Spain, and significantly more than taxi drivers do, who are able to sometimes take payment in cash and not declare it. That idea that “foreign multinationals have come to rob us” is a lie. Giving in to taxi drivers simply portrays Spain as backward country that is hostile to foreign investment and technology.

    The solution to the conflict may be to see it as industrial reconversion… but with certain limits. The only rational outcome is to end a system based on licenses. This might involve limited compensation, but people who paid huge sums of money for licenses obtained in an unofficial an irregular market assumed a certain level of business risk, and cannot expect the rest of the citizens to pay for that. The Australian solution has — and should have — clear limits.

    Last but not least: the autonomous vehicle will put all drivers out of work in a few years. Waymo One has been operating problem-free in several US cities since December and is significantly cheaper than conventional taxis (drivers represent 70% of the cost of a trip). The company has signed deals to buy 62,000 vehicles from Chrysler and 20,000 from Jaguar and is building a factory in Michigan to make autonomous vehicles. Within a few years, the only places where people will still be allowed to drive cars will be small, rural towns where the market size doesn’t justify the cost of autonomous vehicles that, to be profitable, needs to be in service all the time. What will taxi drivers do then? Destroy autonomous vehicles while smiling for the cameras? Before then, economic common sense says that the licensing system must have gone.

Populist, short-term solutions such as those being put forward by the Catalan regional government are absurd, fail to solve the problem and reflect badly on Barcelona. When tourists arrive to a city and find that there are no transportation apps working, it immediately makes the city look outdated. Instead, a rethink is needed to create new scenarios for urban transportation, scenarios that really improve people’s lives rather than protecting the interests of a few. It might be too much to ask of our politicians to plan for the future, but we can always hope that common sense reigns.

https://bit.ly/2WK3oBB 

MAN TP <MANTP@magairports.com>   

Hello,

Manchester Airport is committed to being a good neighbour and ensuring those living nearby enjoy a good quality of life at all times.

We appreciate a large number of vehicles need access to the Airport campus throughout the day for a variety of reasons. This includes private hire vehicles dropping-off or collecting customers and staff.

We also understand that the nature of this work often requires drivers to wait for periods of time until their passengers are available and are committed to working with the trade to ensure this process is as smooth as possible.

In the interim, we have created a dedicated private hire holding area, where vehicles can wait before completing their jobs on the main campus. It is hoped this will remove the need for vehicles to wait on residential streets and in lay-bys and other spare patches of land, which has been a source of a significant number of complaints from the community.

Details of the site’s location and terms and conditions of its use are included with this communication.

It is our intention to maintain open communications with the trade about the facility to work towards a longer term sustainable solution, to this end we have organised a number of drop in sessions which we are encouraging Private Hire companies to attend.

Drop in sessions

The drop-in sessions will be hosted my members of the airport team and will be held at the Clayton Hotel as below:

Monday 11 February @ 1100-1200

Monday 11 February @ 1200-1300

Friday 15 February @ 1000-1100

Friday 15 February @ 1100-1200

Wednesday 20 February @ 1300-1400

Wednesday 20 February @ 1400-1500

To book onto a session please use the link below:

https://www.surveymonkey.co.uk/r/taxidropin

We want all airport users to respect our surrounding communities and hope you will support us in that by using the dedicated site provided and attending the drop-in sessions to share your views with us.

Many thanks

The Manchester Airport Team
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NEW YORK

A judge in New York cleared the way for a $2.50 surcharge to be added to a taxi fare. An extra $2.75 will be added to the cost of Uber, Lyft and other for-hire rides.

The extra fees apply to rides in Manhattan that begin, end or pass through south of 96th Street. They were included in Gov. Andrew Cuomo’s state budget to ease traffic and raise an estimated $1 billion per year to help fix the subways.

 A group of taxi drivers sued to block the fees, which, they argued, would make “taxicab rides so financially unattractive to consumers that the industry is sure to collapse in its entirety.”

Judge Lynn Kotler of State Supreme Court in Manhattan rejected the warning, writing the taxi drivers “have not demonstrated irreparable injury” because the congestion surcharge is meant to be passed directly to consumers.

The judge’s order lifted a temporary restraining order but allowed the taxi drivers’ lawsuit to continue.

"We feel triumphant that the state's motion to dismiss was denied and it gives us hope that ultimately the state will do the right thing and spare drivers the poverty and crisis that would result from this congestion fee,” said Bhairavi Desai of the New York Taxi Workers Alliance.
PHOTO: A man walks through traffic in Times Square on July 30, 2018, in New York.Getty Images, FILE
A man walks through traffic in Times Square on July 30, 2018, in New York.

The surcharge will be collected beginning 12:01 a.m. ET on Feb. 2. It applies to for-hire transportation including taxis, "green cabs," limousines, black cars, livery and rideshare vehicles.

“The judge’s decision is a positive step in our efforts to find a dedicated revenue stream for our subways and buses, as well as easing congestion in Manhattan’s central business district,” said Patrick Muncie, a spokesman for Gov. Cuomo. “We will continue to defend the law, which was approved by the legislature, at the next court date so that New Yorkers have a safe, reliable transportation system.”

Uber said it would immediately increase the price of its rides in New York.

“We agree that street congestion is a problem in NYC, but we believe the best way to address it is through the adoption of a comprehensive congestion pricing plan that is applied to all personal vehicles, trucks, and commercial vehicles, not just for-hire vehicles and taxis,” Uber said in a blog post.

https://abcn.ws/2MLTLOa
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 COVENTRY

 A plea has gone out to all parents after a baby was hurt in a crash in Coventry.

The baby suffered a cut to the face after a taxi and a car collided at the junction of Hall Green Road and Windmill Road, Aldermans Green, at around midday today (Saturday, February 2).

The youngster had been travelling with their family in the back of the taxi and fire crews who attended the scene said they weren't wearing seatbelts.

The baby was taken to hospital by medics as a precaution.

The photo above shows the aftermath of the crash which closed off the road for over an hour.

Crew commander Simon Hall, from Foleshill fire station, said: "A car had collided with a taxi and a family were in the back of the taxi with a baby.

"They weren't wearing seatbelts, otherwise they wouldn't have been injured."

Crews at Foleshill fire station also posted about the incident on its Twitter account, stating: "PLEASE PLEASE PLEASE, this is not a safe or acceptable practice! Buckle up your child, in an appropriate age related car seat!"

https://goo.gl/crBHbB
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MANCHESTER

A drunk passenger in a taxi grabbed the handbrake before attacking the driver and trying to steal his car, a court heard.

Benjamin Taylor, 28, said to be 'incredibly drunk' at the time, has now been jailed after being found guilty following a trial.

Taylor, from Newton Heath, had been out drinking in the city centre, and the driver picked him up from outside the Millstone pub in Thomas Street in the Northern Quarter.

He sat in the back and asked to be taken to an address in Newton Heath, just after midnight on August 17, 2017.

The driver put the destination into his sat-nav, and Taylor also helped to direct him.

Suddenly Taylor pulled at the handbrake and punched the driver to the back of his head and shoulder.

The car came to a halt at an angle in the entrance to a factory.

Taylor then got out of the car, dragged the driver out and punched him.

He demanded the driver to hand over the keys to the car.

But the taxi driver began to shout for help, and was waving his arms in desperation.

Luckily a police car was driving by at the time and pulled over.

https://bit.ly/2G89xCv

LONDON

Black cab drivers have blocked Tottenham Court Road in the ninth day of a protest over plans to close the road to cars, lorries and taxis.

Under the £35m West End project, taxis and other general traffic will be stopped from travelling along Tottenham Court Road.

Protesters are arguing against the plans. 

The demonstrations are now in their ninth day with protesters vowing to continue until there is a resolution.

Images from Tottenham Court Road show taxis lining the street for as far as the eye can see.

According to TfL Traffic News, the protests have closed off Tottenham Court Road, Charing Cross Road north of Cambridge Circus and St Giles High Street.

Buses have been diverted due to the demonstration.

Under the plans, only buses and bikes will be allowed between 8am and 7pm, Monday to Saturday, when it is converted from one-way to two-way traffic from March.

Camden council says the changes will improve road safety and air quality and lead to a change in fortunes for an “unloved” street. Drivers who breach the restrictions face a £130 fine.

But the taxi industry, which lost a High Court challenge against the way the draft plans were consulted upon in 2015, fears the move will worsen congestion and increase pollution in surrounding streets.

The council is midway into a two-year project that, by March 2020, will also switch nearby Gower Street to two-way traffic, with segregated cycle lanes along its length. All buses will move from Gower Street/Bloomsbury Street to Tottenham Court Road in March while Alfred Place, which runs parallel, will be closed to create a “linear” park.

Tottenham Court Road’s pavements are also being widened and a piazza has been created between the Tube station and Centre Point, ahead of the delayed opening of Crossrail.

https://bit.ly/2Bfxwf1
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 BOLTON

A TAXI driver accused of grooming a 15-year-old girl and assaulting his wife has lost his licence.

He allegedly sent a number of Facebook messages to the young girl in an attempt to groom her for sex in 2015 and was arrested following a police investigation.

He was also arrested for an assault on his wife in 2010 but no subsequent action was taken by the Crown Prosecution Service.

The driver, described as a “sexual predator”, wanted to renew his private hire driver’s licence but was turned down by Bolton Council.

He tried to use his children’s disability and his wife’s depression in his defence but this was given limited weight.

The licensing sub-committee considered the application following a series of complaints against him for inappropriate behaviour.

A complaint was received in June claimed that he was abusive towards his wife who was aware he had been “messing about with kids”.

This incident resulted in an argument and the police were called but they let him go.

The complainant further added that the wife did not feel she could report him for domestic violence as he would hit her more.

The man denied the grooming offence even though photos of the 15-year-old girl were found in his phone showing contact had been made ­– although messages had been deleted.

He denied contacting her more than three years ago, but the committee did not find this credible.

He also denied using Facebook altogether, claiming he may have been hacked, even though he had previously indicated that he used Facebook on route with the police to the Bolton Custody Suite.

Police suspect that he deliberately discarded his phone in the bathroom of a private address following arrest but lied by saying he had lost it the day before.

The phone number was checked against documentation from the National Centre for Missing and Exploited Children and confirmed it was the same number.

The decision not to renew the licence was made at a licensing sub-committee meeting on October 26 which the man, his wife and his solicitor attended.

His wife admitted ringing the police but denied feeling threatened which the sub-committee did not find credible.

The sub-committee also heard verbal evidence from the licensing officer.

It was established that he failed to declare the arrests in three previous declaration forms in accordance with the conditions of his licence.

The meeting, which was chaired by Cllr Madeline Murray, lasted four hours.

Councillors Hilary Fairclough, David Greenhalgh, Susan Haworth and Debbie Newall also attended the meeting.

The sub-committee noted: "Members of the public and in particular, the elderly, infirm and children or vulnerable adults entrust their personal safety and wellbeing to private hire drivers whenever they take a journey. Passengers often travel alone and are vulnerable to inappropriate behaviour.

"The Sub- Committee’s primary duty is of concern for the safety and well-being of the public.

"There is therefore reasonable cause to refuse to renew the private hire driver’s licence."

https://bit.ly/2Bgh522
-------------------------------------------

LICENCE WARNING: Durham County Council urged tax drivers and operators to ensure they meet licensing requirements

TAXI drivers and operators are being urged to ensure “paperwork” is in place to meet licensing requirements.

It follows a Durham County Council prosecution of a private hire vehicle driver and his boss.

Driver Dean Smith, from Seaham, was using a private hire vehicle to pick up a pupil from a school in Murton.

Although he had a hackney carriage licence, he was not licensed or insured to drive a private hire car.

Checks showed the Seat Toledo he was driving was licensed to taxi operator Michael Crumbie, who later told licensing officers not all of his 15 employees held private hire licences.

Crumbie said he asked Smith to make the pick-up using one of his three private hire vehicles, but confirmed he has since taken steps to ensure the situation is not repeated, encouraging drivers to have licences for both hackney carriage and private hire vehicles.

Smith said he only drove that car, on his day off, at short notice at Crumbie’s request, as other vehicles were being valeted.

Seeing the inspector, he decided not to collect the child.

Crumbie, 47, of James Street, was fined £440 with £244 costs and victim surcharge. Smith, 51, of Windermere Road, was fined £87, with £130 overall costs.

The council said drivers must they have the right licences to comply with insurance requirements.

https://goo.gl/Fo8xi2
--------------------------------------------

BARCELONA

 Ride-hailing companies Uber and Cabify are to suspend their services in Barcelona in response to the regional government’s imposition of limits on how they operate in the city.

The Catalan government ruled that ride-hailing services could only pick up passengers after a 15-minute delay from the time they were booked.

The decision followed mass protests by Barcelona taxi drivers who complained that their business was being undermined and the services did not operate on a level playing field.

Barcelona is Spain’s second-largest city and one of its main tourist destinations. The suspension of the services was announced just a few weeks before it hosts the annual Mobile World Congress, one of the world’s largest meetings of the mobile tech industry.

“The new restrictions approved by the Catalan government leave us with no choice but to suspend UberX while we assess our future in Barcelona,” an Uber spokesman said.

Spain’s Cabify, which has one million users in Barcelona, said in a statement it regretted that the city had “given in to the demands of the taxi sector, seriously hurting citizen’s interests”.

Cabify said the new regulation, which took effect on Thursday, had the specific objective of “the direct expulsion of the Cabify application” from Barcelona and the region Catalonia.

Uber said it remained committed to operating in the long-term in Spanish cities and hoped “to work with the Catalan government and the City Council on fair regulation for all”.

Uber began offering its UberX service last March. The new regulations were imposed under pressure from taxi drivers, who held strikes that blocked roads in Barcelona and remain on strike in the Spanish capital, Madrid.

The drivers in Madrid escalated their protest this week by blocking one of the city’s main arteries. But Uber licences in Spain are granted by local authorities, and so far Madrid authorities have said they would not adopt the same restriction as in Barcelona.

Cabify and Unauto VTC, an association of transport companies in Spain, said Barcelona’s decision to adopt the new regulation could put 3,000 jobs at risk in Barcelona.

Uber declined to say how many drivers work for it in Barcelona.

https://reut.rs/2ShOa7t

 
 

Bexhill restaurateur accused of “inappropriate and troubling” behaviour towards 15-year old girl loses taxi licence appeals following revocation of premises licence.

In a rare case, an operator has had both his appeals against the revocation of his taxi licences and alcohol licence dismissed following allegations that he employed illegal and underage workers and exhibited “inappropriate and troubling” behaviour towards a 15-year old girl. The case highlights the interaction between two distinct licensing regimes and their common objective in safeguarding vulnerable people and promoting the public interest.

Facts

Mr Saleh Uddin works as a taxi driver by day but at night operates the Chilli Tree restaurant in Bexhill-on-Sea, East Sussex. To enable him to do the former he is the holder of dual hackney carriage/private hire driver licence as well as operator and vehicle licences. All three of these taxi licences were issued by Rother District Council under the Local Government (Miscellaneous Provisions) Act 1976. His restaurant operated under a premises licence permitting the sale of alcohol under the distinct regime provided by the Licensing Act 2003.

Mr Uddin’s restaurant was twice inspected by Sussex Police and Home Office Immigration Officers in October 2017 and January 2018. In the first visit, three workers without the right to work in the UK were discovered. On the second visit, two illegal workers were found, including the same individual found working at the restaurant on the previous visit. Some staff were being paid little or no wages but instead had their visa application fees or other expenses paid by the restaurant owner. Additionally, a 15 year old girl was found working behind the bar without the necessary Child Employment Licence in place.

Premises Licence revocation and appeal

Given these allegations Rother District Council revoked the restaurant’s premises licence at a review hearing. Mr Uddin’s earlier appeal against the revocation of his restaurant’s premises licence was dismissed by District Judge Szagun at Hastings Magistrates’ Court on 26 September 2018 following his non-compliance with the Court’s directions in relation to that appeal.

Taxi licences revoked

The day after the Court dismissed Mr Uddin’s premises licence appeal, Rother District Council’s taxi licensing sub-committee considered an application to revoke his operator and vehicle licences. Mr Uddin failed to attend that hearing and his licences were revoked. Three weeks earlier Mr Uddin’s dual driver’s licence was also revoked under delegated authority without the need for a hearing on the grounds that he was not a fit and proper person. The driver’s licence decision was ordered to have immediate effect in the interests of public safety (pursuant to s.61(2B) of the 1976 Act).

In addition to the earlier concerns around Mr Uddin’s employment of illegal workers and underage workers, which called into question Mr Uddin’s ability and/or willingness to comply with the taxi licensing (or any other relevant regulatory regime), a further troubling allegation came to light concerning Mr Uddin’s conduct towards a 15-year old girl he had employed at his restaurant.

The girl provided two witness statements alleging that Mr Uddin:

1)    Had sent her text messages very late into the night including one suggesting she dress “like a beauty queen” (screenshots from her mobile phone provided corroboration);
2)    Discussed his youthful sexual prowess and frequently told her how pretty she was;
3)    Invited her into his bedroom above the restaurant and suggested they could “take naps” together;
4)    Took her out in his car on errands and offered to take her to London to look at Ferraris;
5)    Offered her alcohol;
6)    “Playfully” pushed her to the ground and then held her down on the floor so she couldn’t get up.

Taxi licences appeal
As he had previously done in relation to the premises licence appeal, Mr Uddin appealed the revocation of his taxi licences to Hastings Magistrates’ Court. He subsequently abandoned his complaint about the revocation of his operator’s licence but pursued appeals against the revocation of both his dual driver’s and vehicle licences.

The conjoined appeals were heard before District Judge Szagun on 21 January 2019. This time Mr Uddin attended Court and gave live evidence. The formal witness statements of the 15 year old girl were before the Court but she was not called to give live evidence by Rother District Council as Respondent to the appeal. Mr Uddin denied all the allegations relating to the 15 year old girl. He suggested that she had made them up and that he would never behave in that manner. He denied the girl had ever been into his bedroom and alleged there was a local conspiracy against him being organised through social media and the girl’s family. Mr Uddin placed weight on the fact that the police had specifically reached a decision not to prosecute him in regards to these allegations.

Under cross-examination Mr Uddin was unable to explain how the girl was able to accurately describe his bedroom if she had never been inside. Nor could he provide any motive for the girl to have made up these lies about him. His request for her to dress “like a beauty queen”, take her out on trips in his vehicle and text her late at night were, he claimed, simply designed to “support her” and give her confidence.

Counsel for Rother District Council reminded the Judge of the re-formulated test proposed in the leading text “Button on Taxis” where its highly-respected eponymous author states:

“Would you (as a member of the licensing committee or other person charged with the ability to grant a hackney carriage driver’s licence) allow your son or daughter, spouse or partner, mother or father, grandson or granddaughter, or any other person for whom you care, to get into a vehicle with this person alone?

The District Judge did not accept Mr Uddin’s evidence, dismissed his appeals and upheld the earlier decision of Rother District Council to revoke all three of his taxi licences.

In the course of her oral judgement the District Judge observed:

1)    In line with the decision in Hope and Glory [2011] EWCA Civ 31, the burden was on Mr Uddin, as the appellant, to establish the decision below “is wrong” and the Court will not lightly reverse that decision.

2)    Where there is a factual dispute, then the standard of proof in taxi licensing cases is the balance of probabilities or “more likely than not” and not the higher criminal threshold of “being satisfied so you are sure” or “beyond reasonable doubt”. This explains why the decision of the police not to prosecute Mr Uddin for his behaviour towards the girl does not bind the Court in the licensing context.

3)    The District Judge took into account that the girl complainant was not in Court and so could not be cross-examined. But, having also assessed Mr Uddin’s evidence and performance under cross-examination, she was satisfied that the contents of the girl’s statement were more likely than not to be true.

4)    Indeed even the conduct Mr Uddin admitted to was “inappropriate and troubling” given that the girl was vulnerable and Mr Uddin was in a position of trust.  He was either “extremely naïve or very manipulative”

5)    Rother District Council’s decision to revoke his taxi licences was lawful and proportionate even given the impact this would have on Mr Uddin’s ability to earn a living. The protection of the public is the primary objective of taxi licensing and not concerns over Mr Uddin’s livelihood.

6)    Therefore Mr  Uddin:

a.    Was not a fit and proper person to hold a dual driver’s licence
b.    It was reasonable to revoke his vehicle licence.

Mr Uddin was ordered to pay the Council’s costs in full. 

Gary Grant, Barrister of Francis Taylor Building, acted for Rother District Council instructed by Andy Eaton (FIOL), Deputy Legal Services Manager for Wealden and Rother District Councils.

https://bit.ly/2S0GneW
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Lyft Files Suit Over New York Taxi Commission's Minimum Wage Policy

​The new policy, which is expected to go into effect on Feb. 1, would set the minimum wage for all drivers at just over $17 an hour.

Lyft says the New York City Taxi and Limousine Commission's new minimum wage rules could hurt its business — and the ride-sharing company is suing.

The new policy, which is expected to go into effect on Feb. 1, would set the minimum take-home wage for drivers at $17.22.

Lyft's biggest issue was that the new minimum wage was calculated using a set "utilization rate."

The utilization rate is the ratio of customers in a company's cars to the number of cars on the road. To make sure drivers are actually making the new minimum wage, companies will have to pay some drivers extra on top of what they earn from passengers. Companies with a higher ratio of customers per car, like Uber, will have to pay drivers less. Companies with fewer customers per car will have to shell out more, hurting their bottom lines.

In the petition, Lyft argues that "instead of setting an industry-wide utilization rate ... the rule allows any company to use its own company specific utilization rate."

Due to this, Lyft has asked the court to "vacate" the law.

https://bit.ly/2CSQ7xI