Oireachtas Joint and Select Committees

Thursday, 14 February 2013

Joint Oireachtas Committee on Transport and Communications

Taxi Regulation Bill 2012: Discussion with Tiománaí Tacsaí na hÉireann

10:00 am

Mr. David McGuinness:

We are proposing the introduction of a residency rule with which people would first have to comply before applying for a taxi licence. In many jurisdictions throughout Europe a person must first meet a four or five year residency rule before being eligible to apply for a taxi licence. This would allow the applicant to build a record and provide reasonable time in terms of vetting by the Garda Síochána.

On the issue of residency, since 2011 the local authorities have been carrying out residency checks on applicants for local authority housing. Our proposal would not be out of line with the circular of the Department of the Environment, Community and Local Government issued in December 2011 which states applicants for local authority housing must first meet a particular residency rule. We would welcome the introduction of a similar regulation in the taxi industry.

I will try to answer some of the questions posed by Deputy Dessie Ellis. On taxi ranks, in Dublin alone there are approximately 680 taxi spaces-standing areas. These taxi spaces-standing areas cater for approximately 10,500 taxis. At any given time of the day there are probably 4,500 to 5,000 taxis on the road. One of our main bones of contention with the demerits scheme is that it will leave taxi drivers queuing for a position on a taxi stand open to prosecution. A person caught in such a position by an enforcement officer will receive one demerit point. A person who accumulates eight such points, through no fault of his or her own but because of a lack of taxi waiting areas, can have his or her licence suspended for up to eight weeks. This is a draconian measure for a minor breach of the regulations. We also note a duplication in the fixed charge penalties and demerits scheme. The authority, enforcement officer or garda imposing the penalty determines whether a person is to be charged under the fixed charge scheme or the demerits points scheme.

On the demerits points scheme, we have queried with the Department of Social Protection whether a taxi driver suspended under the scheme should be entitled to social welfare benefits.

So far we have not received any answer. That leaves taxi drivers in a position where, if they are suspended, their families would be in a precarious situation. Some of the demerit points are draconian and our industry, in particular, should not be singled out for such a scheme. We can already receive penalty points through the Road Traffic Acts, leading to suspension of a licence.

Criminal offences have been mentioned. The Minister has stated on a number of occasions that he wants the public to feel safe getting into a taxi and he is trying to create an environment in which the public will use taxis because people will know they are safe. There was a figure in a number of news media indicating that 6,000 taxi drivers have criminal offences. The next sentence in the report may have mentioned rape, murder and drug dealing. That will tar all taxi drivers with one brush. Many of the criminal offences relating to the 6,000 drivers would be minor and come from a number of years ago. The statement in the media discourages people from getting into a car, and as a taxi driver, I was shocked to hear that message. People getting into a taxi would think the driver could be one of the 6,000 with a criminal offence, and he or she could be guilty of a major criminal offence. The statistic has not served its purpose and has instead put it into the mind of the public that the majority of taxi drivers have serious criminal offences, which is far from the truth.

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