Seanad debates

Wednesday, 23 January 2013

Taxi Regulation Bill 2012: Second Stage

 

12:10 pm

Photo of Susan O'KeeffeSusan O'Keeffe (Labour) | Oireachtas source

I thank the Minister of State for his attendance. He is championing this legislation which we all support. It is good to see a significant injection of enthusiasm and energy into that work. The taxi industry review group, chaired by the Minister of State, should also be thanked for its hard work in this matter. It could be said that everybody is an expert on the taxi industry because we all use taxis. We all have both good experiences and some silly or bad experiences of journeys in taxis. Considering the millions of trips and the thousands of drivers and cars involved, it is a pretty safe industry. The number of accidents involving taxis is rare although there are cases where passengers have been in danger or have perceived themselves to be in danger.

I wish to pay tribute to the many taxi drivers who have helped me over the years. I refer to the decent drivers who have gone out of their way to help me. I remember a taxi driver in Antrim when I got lost in the middle of the night. He was sitting waiting for business. I drove up and said that I was completely lost. He went out of his way to drive for ten minutes to show me the road. This was quite late at night and I am sure he did not need the hassle of it but he helped me. That is the kind of attitude we would like this legislation to encourage, that those decent taxi drivers are recognised for the work they do and the often unpaid effort they make, particularly for elderly people in rural areas. They become more than taxi drivers in that they are of great assistance to elderly people and to young women who are travelling at night. My own daughter and her friends tell me that when young girls do not have enough money for the fare home they are often helped by taxi drivers. We do not hear those stories, hearing instead the stories about dangerous situations. I thank those taxi drivers because some of them have come to the rescue when it was not expected of them.

However, because of the nature of the job there are dangers to taxi drivers - as mentioned by Senator O'Sullivan - as well as to passengers. The provisions in this Bill ensure the safety of passengers, both personally and in terms of the vehicle's roadworthiness. Improving standards, administration and enforcement is always a good aim. This legislation will support and drive these changes. The mandatory disqualification of drivers with serious criminal offences is a welcome and necessary step. Retrospective legislation of this kind is not the norm, meaning that people with a serious criminal conviction will be disqualified from driving a taxi. The Bill will give them the opportunity to go to court to make their case. The result will be disqualification with licence revoked if the case is lost. This may reduce the number of taxis in operation. However the Indecon research indicates an over-supply of taxis. This Bill is designed to clear out those people who bring taxi drivers into disrepute. Tighter control of licences is welcome. I understand that it is proposed to introduce an on-line register of licence-holders complete with driver registration number. This is a necessary and logical part of tighter regulation. It means that a passenger in a taxi will be able to check the register on a smart phone. I ask the Minister of State to indicate when that register will be available. I ask him to explain whether the register will include the car and car registration number. This is the most efficient way to clock that something is wrong. A passenger may not be able to confront the driver but if the car does not match the register this information would be very helpful. Many local authorities in the UK have this on-line register. It gives customers direct input into the regulation.

The Bill empowers the National Transport Authority to improve the regulations for the standards and operation of taxis and to set up a code of practice which will give practical guidance and standards for the general behaviour appropriate for drivers and vehicles. I am particularly pleased to note the new demerit system which will encourage drivers to behave better in many different ways. Eight demerits will result in a three-month ban. A ban on driving will concentrate the mind more than will a fine. A driver cannot earn if he or she is banned. Three complaints from members of the public about a driver taking the long route home or, as Senator O'Sullivan said, the wrong route home, will result in the driver having to re-sit the knowledge test. As Senator O'Neill said, the failure rate is quite high. If members of the public are confident that they can complain about the service, hopefully on line, this will be a way of improving the service. We have all encountered taxi drivers who are taking a chance, who do not know where they are going. It can be very annoying when they will not take directions and it costs the customer money.

I am curious to know how rigorous is the knowledge test.

Clearly, that there are drivers who do not know where they are going indicates that the test may need to be tightened up. I am aware of the famous test of "the Knowledge" for London cab drivers. It sometimes takes 34 attempts to pass it. That demonstrates quite a high failure rate, bearing in mind that London is obviously an enormous city. I am not suggesting Clonmel, Sligo and Mullingar require a knowledge test that might take 34 attempts to pass but that our test may need to be a little more rigorous.

The level of competence for the skills development certificate should be kept under review at all times so that drivers will not be under-tested. There is a danger of putting a regime in place and then believing it will always be fit for purpose, but traffic trends change all the time and new roads are opened. Therefore, the competence requirements should be kept under scrutiny. I understand the MOT in the United Kingdom is ten times more strict for taxis than other vehicles. I do not know how much more rigorous our testing regime is for taxis. Perhaps we could consider this.

Perhaps the Minister of State will further our understanding of the service agreements that will be used by the National Transport Authority to make up for the lack of enforcement powers. I understand from the Bill that this will be allowed; I am just not clear as to what it might mean.

Are the assets that were transferred to the National Transport Authority with the commission available to improve enforcement work? Enforcement at the time legislation comes into being sends out a signal that we mean what we say. Legislation should not just be the fine effort of a Minister; it should mean something on the ground.

Like Senator O'Neill, I do not want to pass up the opportunity to mention rural taxis. We discussed this during Private Members' time last year. The Minister of State is concerned about this subject but I appreciate that it is difficult to find funding in these times. He should keep thinking about whether there is a way in which rural taxis could be used to the benefit of those who feel isolated, perhaps twice a week or at a lower cost.

I have a number of queries to which I would be grateful for a response. This is good legislation and much thought and effort have been put into it. Can this Bill achieve anything to protect drivers? Should taxi drivers be subject to a tachograph system of the kind that applies to lorry drivers? I am sure this was raised by the group. Would strong branding of taxis encourage or discourage counterfeit taxis? Could our branding be made stronger? Are there moves to encourage low-emission or electric taxis, since taxis contribute to pollution?

Is it mandatory for taxi drivers to accept without charge assist dogs accompanying the blind or deaf? Are there regulations pertaining to the advertising of taxi services? Under what category do rickshaws fall? We see them in Dublin, in particular. Do they need to be regulated given that they clearly use the road? Unlike bicycles used by couriers, rickshaws seat passengers. Do they fall under the regulation?

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