CONDITIONS OF FITNESS REVIEW

The law requires that taxis in London must conform to “Conditions of Fitness”. Since 2000, Transport for London (“TfL”) has had responsibility for deciding on changes to the Conditions of Fitness. Although they have been modified on a number of occasions over the years, there had been no comprehensive review of the Conditions of Fitness since 1961.

In 2002-3, TfL, through the Public Carriage Office (“PCO”), conducted a review of the Conditions of Fitness. On the basis of the information collected during the review, and certain other information submitted by consultees or otherwise known to the PCO, TfL announced on 4 June 2003 that the Conditions of Fitness would remain largely unchanged. In particular, it was decided that the existing turning circle requirement (i.e. the requirement that vehicles must be capable of turning on either steering lock so as to proceed in the opposite direction without reversing between two parallel planes of not more than 8.535 metres apart) should be retained. The decision and the reasons for it were explained in PCO Notice 10/03. Some further explanation, and responses to contrary arguments, were given in a letter dated 25 June 2003 to the taxi trade from Ed Thompson, Taxi and Private Hire Director.
On 4 September 2003, Allied Vehicles Ltd (“Allied”), a company which manufactures taxis that do not comply with the existing turning circle requirement, issued proceedings seeking judicial review of the PCO’s decision on various grounds. TfL has considered carefully, with the benefit of independent legal advice, the arguments put by Allied. In the light of that, we have concluded that our decisions in respect of three of the conditions of fitness – the turning circle requirement, the requirement that sliding doors be power-assisted and the requirement for a one-piece rear window – must be reconsidered on the basis of further factual information.

As a consequence, TfL will:

* collect more information so that it is adequately informed of all the pros and cons of the three requirements in question;

* undertake a further short consultation exercise to ascertain the views of all interested parties (which will include taxi users, drivers and manufacturers) on these three requirements; and

* in the light of this information and the information it currently has, reconsider its decision on these three requirements.

The first stage in the reconsideration process is for TfL to work out the terms of reference for the reconsideration process – i.e. list of questions which TfL needs to answer in order properly to inform itself of the pros and cons of the three requirements. TfL has already produced a provisional list (attached), but wishes to hear from interested parties within 21 days of today whether there is anything that should be added to or deleted from that list.

Once these responses are received, TfL will publish its final terms of reference and the further information it proposes to obtain.

As soon as it has obtained the further information it needs, TfL will consider the totality of the information available to it and announce its new decision. Throughout the reconsideration process, TfL will keep an entirely open mind as to whether the three requirements should be retained, modified or scrapped. TfL has no vested interest in any particular result. Its prime concern is to arrive at a decision, in accordance with its legal obligations, which best serves London’s taxi users and drivers.

TfL is also well aware that both drivers and manufacturers need to know the outcome of the reconsideration process as soon as possible. To that end, TfL hopes to be in a position to complete the process within 6 months.