JOHN MASON SPEAKS TO CALL SIGN

John Mason
   The Director of London Taxis and Private Hire, John Mason, recently offered to answer Dial-a-Cab driver’s questions, so we took him up on his offer...
   Bernie Silver (G08):
Mr Mason, I was under the impression the impression that Private Hire companies were not allowed to use the words taxi or cab, yet hundreds of them advertise the word minicab outside their premises. Does minicab come under the TPH direction?
   John Mason:
Yes they do come under our direction and regulation. It’s no secret that we get a significant amount of complaints from taxi drivers regarding private hire operators using such words and every time we get such a complaint, I can assure you we take action. In the vast majority of cases, the operators didn’t understand the rules and they take immediate steps to remove such wording from advertising. In some cases we get these type of complaints about operators not licensed by us and who fall outside of our legislation. When this is the case, we will refer the matter to the relevant authority. I know it is frustrating for drivers, but I can assure you that we do follow this through and try and ensure that all operators we licence are aware of these restrictions.
   Alf Allen (A36):
Could Mr Mason please explain to me how it can be that when I parked on the rank outside the Sanderson Hotel in Berners Street, I was told that I couldn't park there by the doorman as it was for their cars to pick up? I told the doorman what he was doing was illegal, but the nice man told me where to go! I then watched him ask people if they wanted a taxi, after which he put them into unlikely cars with no TfL signs on them. Could Mr Mason please tell me if he allows this to happen?
   John Mason:
I’m sorry to hear of the action of this doorman. Of course, if you are parked on a rank then you have a right to be there regardless of what he might say to you. I do not condone such behaviour and based on the information you have provided, I have concerns that this activity is illegal and will ask our compliance team and the Met Police to follow it up.
   Steve Albasini (V02):
I would like to ask Mr Mason two questions...
   1)
Within the M25 there are circa 25,000 yellow and green badge holders with approximately 2.5 times that in PHV drivers. Do you think there is a correlation between the unregulated numbers of PHV drivers and the touting behaviour of the minicab fraternity within London? If so, would you be prepared to introduce a cap on the number of PHV drivers, which would then reduce their numbers thus reducing the temptation to tout for business as they could then survive on pre-bookings alone?
2) The PH game is financially a free market, whereas the licensed game is strictly controlled by the meter within the cab. Since joining DaC, I begrudgingly agree with the management that it's impossible to compete with the PH companies on price for certain long journeys. I think parity is needed for the licensed taxi driver to take an equal share of this work. For this to occur, do you think in the future a change in legislation could allow certain jobs (eg Heathrow) to be a pre-set fare from central London, varying only dependent on the origin of the journey?

John Mason: On the first issue, I can understand the concern with regards to the number of taxi and private hire drivers, but the simple answer is that we do not have power to introduce a "cap" and the Department of Transport do not support Local Authorities doing so. There are, however, not 75,000 private hire drivers, the numbers are much lower and this is only the number of people licensed as drivers rather than people actively out and about working. I know touting is a problem and there is always room for improvement, but we do work incredibly hard with our colleagues in the Met and City Police to tackle this problem. I often read articles or get complaints saying we do nothing other than badge and bill checks, but the reality is very different. Since we introduced our "one strike and out" policy 18 months ago, we have revoked
over 300 licenses and since they were established, the dedicated Cab Enforcement unit have made over 6000 arrests for touting. However, one of the problems is the level of penalties the Courts hand down and we and the Police need more powers to act as a deterrent such as seizing and crushing touts vehicles and are lobbying Government to get these.
   Regarding set fares, I agree that we need to look at this issue in more detail as I would imagine not every driver would want to use them, so they
would probably need to be optional. One possible solution we discussed internally recently was to introduce an optional scheme that all drivers could participate in where they can enter into an agreement with a passenger to take them to their destination for an agreed amount and not use the meter. Personally I can’t see any problem with this, obviously if the passenger wants the metered fare then the driver would have a legal obligation to take them, but if the passenger and the driver agreed a fare "off meter" why would this be a problem even if it ended up being more (or less) than what the metered fare would have been? I would be interested in hearing more views on this.
   For now, however, you can’t charge more than the meter and if you wanted to compete by agreeing a fixed fare for any journey, you can do that as long as you don’t charge more than the meter. So you would need to leave that on and make this clear to your passenger.

David Ballard (N28): Mr Mason, what progress has been made in identifying yellow badge drivers illegally picking up in town and how many have been caught?

John Mason: This is one of those issues that I feel we get a lot of stick for from drivers regardless of what we do. If we don’t undertake checks, then we are abandoning our responsibilities. Yet if we undertake a badge and bill check then we are penalising law-abiding cabbies whilst letting the touts run riot just down the road! However, the fact is that we do regular badge and bill checks but this is a small fraction of the total activity we undertake which, quite rightly, is primarily focused on touting by unlicensed vehicles and licensed private hire. On the last exercise we did we caught two yellow badge drivers and one had one driver who didn’t even have a licence. I know that the City Police found quite a number of cases in September, so they are worth doing.

Stephen Field (F68): Mr Mason, what control do you have re pedicabs as the word cab or taxi can only be used to describe the black cab? Otherwise who does have control on these death cycles and what advice are you giving users? Someone is going to be killed on one eventually...

John Mason: I’m afraid TfL have no power whatsoever to control pedicabs. They don’t fall under taxi or private hire licensing and they aren’t buses or fall under any legislation we are responsible for. However, we do accept that there is a great deal of concern with regards to pedicabs in London and other cities in the UK and it’s one we think the Government should be looking at addressing. I know that there is opposition to a proposed voluntary licensing scheme in Westminster, that also includes power to issue penalties for parking offences but I would say that until such time as the Government decides to take action, this is better than nothing.

Mark Blackett (M16): Mr Mason, can you please tell me why TfL are petrified to enforce the regulations set for Private Hire vehicles. Apparently PHV are not allowed to have blacked-out rear windows for passenger safety, yet there seem to be many Volkswagen Sharans and Ford Galaxys around with windows so dark, you cannot see the PH licence! If I were to cover my licence plate, I wonder how quickly it would be noticed? Also PH cannot use vehicles that may be mistaken with black cabs, does this mean that with the introduction of the Vito Taxi, PH Vitos and Vianos will be taken off the road?
   Finally touting. It goes on every night of the week and very little seems to be done. Don’t be scared of Private Hire companies, if they don't abide by the rules, don't give them a licence.

John Mason: TfL is not petrified to enforce the regulations. Quite the opposite and, as I set out in response to Steve’s question, we do a massive amount of work to enforce the regulations. But as I said, there is always room for improvement.
   On the issue of Private Hire vehicles with tinted windows, there is actually no restriction on the use of tinted windows in private hire vehicles as long as they comply with the relevant laws on the level of tint. The bottom line here is that if a passenger does not want to use a private hire vehicle with tinted windows, then they can book one without them (or use a taxi)!
   As I am sure you know, Mercedes Vitos and Vianos have been used before they were licensed as taxis. I hear lots of claims from drivers that passengers are confused but we haven’t had any complaints that they are or seen any evidence to support these claims. However, I know it is an issue drivers feel strongly about and needs to be discussed and debated, which is why we have included reference to it in our private hire consultation document which is out now and closes on 24 December,

which you get via our website: http://www.tfl.gov.uk/business-andpartners/taxisandprivate-hire/8832.aspx.

Ian Connelly (T21): Dear Mr Mason, would you consider applying a visible identification to the outside of taxis driven by suburban drivers? This could be in the form of a large yellow spot stuck to the front and boot lid of the cab. On rental taxis, the proprietor / garage would be responsible for sticking the markings on and the driver would need to sign that the spots are on the cab when handing over the copy of his Bill. They could easily be removed by the garage for green badge driver’s rental. This should deter drivers from plying outside their zone and would be self-policing.
   I would also like to ask that as most vehicles used by PH have heavily tinted rear windows, isn’t the round disc licence now rather pointless? Is it not time to adopt a rear plate as used in outer London with make, registration and expiry date? A few screw holes in the rear should not be an obstacle and may deter the luxury end who are not PH in the true sense, but that use the licence as a means of avoiding the congestion charge.

John Mason: When we consulted last year on various matters such as driver identification, in response three of the taxi driver associations all came back to us and suggested such an identification. We are actively looking at this and how it would work. I have to say that as word has spread that we are looking into this, we have had a considerable amount of correspondence with Green Badge drivers generally being fully behind such an identifier and Yellow Badge drivers being against them, so we can not rush this and will need to make sure everyone fully understands how such a system will work.
   With regards to private hire vehicle identification, again, this is an issue we cover in our private hire consultation. See the above website in the response to Mark...

Alex Constantinou (N05): Mr Mason, can you give me your views on the closure of the M4 bus lane? I am also concerned that when Call Sign enquired in a previous article about who was responsible for the lane, the magazine was passed from one organisation to another – including the police and PCO – all claiming just that it wasn’t them. From memory, Call Sign’s conclusion was that everyone was afraid Addison Lee Chairman, John Griffin, might launch a court battle over the lane’s usage and that losing would be a huge embarrassment for the authorities. Can you assure us that this wasn’t why it has been disbanded?
   I also remember Call Sign publishing a question to the police tout unit asking that numbers of arrests involving taxis and PH should be itemised because I would bet anything that the numbers of taxi drivers arrested is minimal. Yet the total is always published as one number. This is wrong...

John Mason: Ok, let me put the record straight on the M4 bus lane once and for all! It has nothing to do with anyone being "scared" of a Court challenge. In fact, I think such a challenge is inevitable. When I started last September, the issue of private hire vehicles driving in the M4 bus lane all "kicked off". I quickly established that responsibility for the bus lane rests solely with the Highways Agency and illegal use was the responsibility of the Police. Despite this fact and due to pressure, complaints, queries and criticism directed at TfL, I spent a considerable amount of time arranging and attending meetings with the Highways Agency and the Police to raise the concerns of the trade and to push them to resolving this problem. Whilst private hire vehicles continued to use the lane, enforcement did increase and, I understand, over 200 penalties were issued. I have to say that this is EXACTLY what the private hire trade wanted! They had, and have, a very clear view that the exclusion of private hire vehicles from bus lanes is discriminatory and a restriction of trade. So they intentionally drove in the bus lane with the objective of being issued with penalties they could then challenge in Court.
   TfL had absolutely no involvement in the Government’s decision to remove the M4 bus lane and was not consulted in any way. I found out about the decision on exactly the same day as everyone else, although I suspected that this might end up being the case.
   Finally, on the issue of touting statistics, all I can say is that I agree. Their stats would undoubtedly show that of the activity undertaken and arrests made, the vast majority are non-taxi driver touts. We are working on a new website on which we intend to publish results of all activities, including naming and shaming touts and hope to launch this as soon as possible.

Call Sign would like to offer its sincere thanks to John Mason for his time...


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