Dáil debates

Thursday, 23 April 2015

1:20 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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Since the taxi industry review and the announcement of a host of reforms and new regulations, a number of problems have arisen for drivers trying to make a living and operate within the law. Some of these problems were not obviously going to arise but some were fairly clearly going to come up and taxi drivers were telling us this from the word go. Some of these issues have again been brought to my attention by taxi drivers who feel they are getting nowhere with the regulatory authority, the NTA, and the taxi advisory committee.

One issue which is raised across the board is the taxi decals, which were brought in for the sides of cars. These were hailed as a security measure to stamp out rogue taxis operating without a proper licence and to give confidence to passengers, but they have done neither. It is important that prospective customers can tell that a car driving by is a taxi for hire, but a taxi driver cannot now use their car in any private circumstance without people assuming that they are plying for hire. In the past, taxi drivers were able to remove their signage and place it in the boot or elsewhere and drive their car on their day off or on holidays as a private car. They were able to park up in towns or at their home and not be seen from a distance to be a taxi. To some, this might not seem important but for those who make their living as a taxi driver it is crucial for safety and comfort.

With these decals a taxi is never not a taxi and this puts taxi drivers at risk for a number of reasons. I will illustrate the scenarios in which this becomes a problem. A car parked outside a home, advertising to the world that it is a taxi due to its decals, is a beacon to criminals who can expect the car or the home to have cash in higher sums than normal. This is especially the case when parked on the streets as taxis are more likely to have a stash of cash, expensive equipment or other things. It also provides information to anyone who might wish to clone the driver's licence as one can now quite easily find out a person's address from these decals. One may be a customer or just passing down a street. One driver showed me how it was possible to change the name of the driver attached to a certain car with use of the app and details from the decal and plate. Some people's details have been available even after they have passed away.

One driver to whom I spoke had refused to use the decals on his brand new luxury car, which he invested in for his business, because he was worried that it would be damaged by sticking the decals to it, thus losing him money when it came to resale. The decals also cause problems when the car is used in a foreign country or even across the Border, drawing attention from potential undesirables or the police, who may be confused. One driver told me of driving to a town on a weekend night with his family and having people attempt to enter his car or flag him down in the street. Fortunately nothing more happened but it is not unusual for drunken people to cause problems for taxi drivers when they refuse to pick them up. One only has to read the paper to see that taxi drivers are often victims of violent crime.

We need our taxis to be identifiable and to carry relevant information for customers and for security, but it seems we cannot allow them to be safe in their jobs and in their private life. There are also issues with insurance because of these decals and taxi drivers are finding it incredibly difficult to find information on the regulations affecting them from the NTA or the advisory committee. They do not know whom to ask and they get very little response when they do ask questions. Drivers need more supports to access grants needed to increase wheelchair accessible vehicles and to stay within regulations. One driver with whom I am dealing was awarded a wheelchair access grant but was unable to take it up until he had raised the money he needed. When he did raise the money he could not find out if the grant was still available to him. There is a major communication problem and it is causing serious morale problems with drivers, who are feeling increasing frustration. This is seen in the lack of knowledge among drivers about what can be done with a licence when a driver is deceased and a family member might want to keep it on.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The regulation of the small public service vehicle sector is a matter for the National Transport Authority, NTA, pursuant to the Taxi Regulation Act 2013. This includes responsibility for signage. As such I have no function in this matter. I can however set out some background and some information in relation to the operation of the scheme which has been provided to me by the NTA. The requirement for taxi branding arises from the relevant recommendation of the taxi regulation review report published by this Government in January 2012.

The taxi regulation review group which prepared this report included representatives of the taxi industry as well as representatives of the hospitality industry, consumer interests and disability groups. Action 31 of that report sets out the recommendation to "introduce distinctive branding of taxis (and wheelchair accessible taxis)". It further sets out that this "would take the form of semi-permanent decals applied to the vehicle body, potentially to the doors on either side of the vehicle."

The report identified issues with the current reliance on the roof sign as the primary means of taxi identification and stated that "given the varied fleet, a degree of uniform branding would serve to better identify the licensed vehicle to the consumer, while ensuring that the professional operator make the same level of investment and commitment to the industry."

Branding is an issue which was given extensive consideration before its adoption by the review group and subsequent endorsement by Government. A prescribed livery, often including prescribed vehicle types or permanent roof signage, is a common feature of taxis internationally. Regulations were introduced by the National Transport Authority which required that, from 1 January 2013, taxis must have the prescribed vinyl self-adhesive external branding affixed to the front doors of the vehicles. The current statutory instrument containing this requirement is SI33 of 2015, the Taxi Regulation (Small Public Service Vehicle) Regulations 2015.

While I do recognise that taxis are privately owned, they are being licensed to provide a public service and a condition of operating as a public service taxi vehicle is that the vehicle is branded in accordance with legislation now in place. There have been a very small number of complaints that the imposition of a branding requirement renders a vehicle identifiable as a taxi at all times. It is acknowledged, by me and the NTA, that the imposition of a decal on the side of the vehicle does render it more visible as a taxi. However, it is still the case that, even with the roof sign removed, the vehicle is always identifiable as a taxi through the prescribed tamper-proof discs that are affixed to the front and rear windscreens at licensing stage.

One of the additional benefits of the new taxi signage is that it is more difficult for vehicles to operate illegally as taxis. As the door signage is semi-permanent, the vehicle is still identifiable as a purported taxi even when the roof sign is removed, which was not the case previously.

1:30 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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The Minister keeps kicking to touch to the NTA and saying that it lays the rules but it was pointed out to the review group that this would cause problems. I do not see why there is a problem in allowing people to have decals that can be taken away and put aside instead of permanently having them on the vehicle. A big issue is burglary and theft from vehicles and taxis are a major target. In many cases, taxi drivers work at night so if taxis with signage are parked outside houses, people know their owners are not there. Another example is where a driver travelling across the Border is pulled over by the PSNI which tell him that it is not wise to drive the car in certain areas. There are health and safety and other issues involved as well as the right of a person to drive their own car. When drivers pull up at traffic lights or elsewhere, people try to open the car doors when they see the decals. The sign on the roof is gone. What is the problem with going back to that? I do not see a major problem. We have dug in our heels. Hackneys and limousines do not have do it. Why should taxis have to do it? I am asking the Minister to talk to the NTA.

There is also an issue with insurance companies which say that they will not provide private, social or domestic insurance because of the decals. We have a problem which we never had previously. It means that, in many cases, a person or their family needs a second car. It is an outrageous expense. We brought in rules like the nine-year rule, in which I could never see any sense. Cars went through their NCT tests. In the US and other places, some cars are 20 and 30 years old. Some of the rules introduced never made sense. Anyone who is entering the industry must have a car that is between one and four years old. That is a significant expense and excludes many people in working class areas who cannot afford the expense.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Deputy Ellis would be the very person to come into the House to criticise regulations if they did not play a role in reducing the illegal use of vehicles within the taxi industry. He made the assertion a moment ago that the taxi advisory committee is not playing a role in relaying information and consulting with the industry. I invite him to tell that to the unions who are represented on the committee. They will find it very interesting that the Deputy has made that assertion in the Dáil. We have a taxi advisory committee that contains the very bodies and unions that are elected to represent taxi drivers. It is a very large body and its breadth is designed to facilitate organisations to pass feedback to the NTA. If the Deputy feels this is inadequate or if he has an issue with it, I would invite him to talk to the unions on that body who are engaging with the NTA on this and other matters.

In respect of the point the Deputy made about the impact of this signage on vehicles, I accept that it makes clear that vehicles are being used exclusively, or for the most part, as taxis. The very reason this is happening is in response to concerns the taxi industry had about illegal use, the quality of cars and difficulties it was facing in respect of the reputation and the growth of its industry. This regulation is in place to give the taxi industry the regulatory framework and support it needs to grow safely. If it was not in place, Deputy Ellis would come into the House to criticise me for it not being there.