PART 4 - ENFORCEMENT

Once the taxi accessibility regulations come into force, a licensing authority will not be able to license a vehicle as a taxi unless it complies with the regulations. Concern has been expressed that the regulations will be interpreted differently between licensing areas, possibly leading to a situation whereby a type of vehicle will be licensed in one area but not in another. It is also possible that some licensing authorities will lack the necessary resources or technical support to enable them to decide whether or not a particular vehicle complies with the regulations.

In order to address these concerns the Government proposes a voluntary scheme should be introduced whereby vehicle manufacturers/converters can submit their vehicles or licensing authorities can refer them to a competent authority for inspection. If the vehicle complies with the regulations a certificate could be issued by the authority to this effect. The Government proposes that this authority should be an agency of the Department of the Environment, Transport and the Regions, The Vehicle Inspectorate (VI).

The aim of this proposal is to assist those licensing authorities which may feel they lack the necessary expertise to assess vehicles for compliance with the regulations. (Please see questionnaire F1).

The Government also proposes that licensing authorities should be responsible for the general enforcement of the taxi provisions of the 1995 Act. In England and Wales this would include prosecuting drivers who fail to carry out any of the various duties set out in the Act (please see questionnaire F2). Members of the public would still be entitled to pursue a private prosecution against drivers.

The Government will ensure that enforcement of the taxi provisions of the Act will follow as far as possible the principles set out below:

• when an enforcement official informally tells a taxi driver that he should take some remedial action, before the question of formal action arises, the taxi driver is entitled on request, to a written statement making clear what action is necessary and why;
• where an enforcement officer takes immediate enforcement action a written statement has to be provided as soon as is practicable explaining the reasons for the immediate action;
• unless immediate action is necessary, the right to make representations before formal action is taken;
• where there is a right of appeal, an explanation of how to do so; and
• where appropriate and practicable, the right to receive information and to make representations would also apply to third parties who would have to make a significant contribution to the cost of complying with the enforcement action or who supplied the goods or service to which the enforcement action relates.