I remind Members that, in Committee, Members should not address the Chair as “Deputy Speaker”. Please use our names when addressing the Chair. “Chair”, “Madam Chairman”, “Madam Chair” and “Mr Chairman” are also acceptable.
I beg to move amendment 9, page 1, line 8, at end insert—
“(2A) When making or exercising its functions under pedicab regulations, Transport for London must have regard to any guidance issued by the Secretary of State in accordance with section 7(1).”
This amendment requires Transport for London to have regard to any guidance issued by the Secretary of State in relation to the making of pedicab regulations and exercising TfL’s functions under those regulations.
With this it will be convenient to discuss the following:
Amendment 1, page 1, line 9, after “must” insert
“carry out a public consultation including details of the proposed licensing framework and”.
This amendment would require Transport for London to carry out a public consultation before making pedicab regulations and would require that consultation to include details of the proposed licensing framework.
Amendment 2, page 1, line 10, leave out “whoever” and insert
“the London Pedicab Operators Association, Cycling UK and whoever else”.
This amendment would ensure that the London Pedicab Operators Association and Cycling UK would be consulted by Transport for London before TfL makes pedicab regulations.
Amendment 21, page 1, line 10, leave out “whoever” and insert
“local authorities, elected representatives, and whoever else”.
This amendment would require Transport for London to consult with local authorities and elected representatives as well as anyone else it considers appropriate before making pedicab regulations.
Amendment 4, page 1, line 10, at end insert—
“(4) Transport for London shall not make provision for regulating pedicabs in public places in Greater London until the Secretary of State has issued guidance under the provisions of section 7.”
This amendment would ensure that no regulation could be introduced by Transport for London until the Secretary of State for Transport had issued guidance to Transport for London about the exercise of their functions under pedicab regulations.
I begin by putting on record my appreciation for the positive way in which the Under-Secretary of State for Transport, my hon. Friend the Member for Hexham (Guy Opperman), has engaged with our deliberations on this Bill.
As discussed on Second Reading, the differences of opinion on the Bill centre around whether its consequence, deliberate or otherwise, will be to legislate pedicabs out of existence. Pedicabs are to London what gondolas are to Venice. They are an essential part of the colour and vibrancy of our capital city. The Evening Standard recently warned of the damage being done to London’s nightlife and the night-time economy, and pedicabs are an essential part of that economy. I am sure we would not want to do anything to further undermine the viability of that night-time economy.
Is this Bill the equivalent of a morphine syringe driver to kill off pedicabs, or is it a necessary protector of responsible pedicab operators? Both I and, I think, the Minister want it to be the latter, and so does Cycling UK, which has a membership of some 70,000 cyclists—it is quite a large organisation—as well as the London Pedicab Operators Association.
I expressed my concern about over-regulation on Second Reading, as did my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), who asked the Minister for an assurance that
“when this regulation comes into force, it will be light touch and not onerous, so that we do not kill this young and perfectly acceptable industry?”
And the Minister replied:
“The answer is yes and yes.”—[Official Report, 28 February 2024; Vol. 746, c. 375.]
That clear and unambiguous response is extremely welcome.
I accept my hon. Friend’s point that there was an issue with the TfL regulations not being provided until Thursday. He may recall that he was involved in meetings with me and TfL on my private Member’s Bill back in 2021-22, when my office emailed him the same draft regulations on 20 January 2022. He has had a couple of years to read those regulations, which I do not believe have been changed.
I hear what my hon. Friend says, but the draft regulations have been changed to take into account the discussions on the Bill in the other place. As she confirms, a document existed in 2022 yet, when I tabled a parliamentary question to the Minister asking for the draft regulations to be made available, I was told that they were not available. It is important that draft regulations are shared with all legislators and are not the subject of private meetings.
I am sure my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) is as eager as anybody to ensure that Transport for London’s intentions are explored so that we can be sure that it genuinely wants to retain the benefits of having a lively and vibrant pedicab industry in London. I will address the content we have now seen in the potential licensing framework for pedicabs in London, because I do not think it will excite much support from people who are keen to defend the interests of genuine pedicab operators.
There is an issue with the ability of pedicabs to lawfully ply for hire in London. When people think of pedicabs, they think of going up to the driver of a stationary pedicab on the side of a London street and asking for a ride. I am not aware of any statement from the Government suggesting that they believe that pedicabs should not be lawfully available to ply for hire yet, when one looks at the draft regulations, one can see that Transport for London is raising the question of whether or not pedicabs should continue to be able to lawfully ply for hire.
I come to another area of concern. Currently, there is no regulation of fares for private hire vehicles, and for good reason. As the document sets out, we do not have to regulate the fares of private hire vehicles because they are subject to a lot of competition. Yet the draft regulations suggest that TfL would wish to regulate the fares of pedicabs, even when they are being used, in essence, for private hire.
Does the hon. Gentleman acknowledge that in a previous debate on the Bill a great deal of concern was raised by a number of hon. Members from across the House about the conduct of some pedicab drivers and the level of fees sometimes levied on passengers, some of whom were tourists who were unaware of the nature of the business they were getting into? I believe the hon. Member for Cities of London and Westminster (Nickie Aiken) raised that issue in the previous debate.
I accept that, but those concerns relate to the use of pedicabs when they are plying for hire, and people then getting into them and being—to put it colloquially—“ripped off.” There should be regulation of fares in those circumstances, but where the pedicab is a private hire vehicle—where an agreement has been made prior to its hire—the terms and conditions will be a contractual arrangement between the hirer and the pedicab operator. That is exactly equivalent to what happens in the private vehicle hire sector at the moment, where there is no regulation of the fare. I do not understand why TfL is seeking powers to regulate the pedicab fare even when that is a private hire arrangement, rather than the subject of a hire arrangement made on the street.
Page 5 of the potential licensing framework for pedicabs in London states, “TfL would seek to introduce controls on fares for pedicabs, including fares for pre-booked journeys.” That is completely inconsistent with the point TfL makes in the previous paragraph, which says, “TfL does not regulate fares for private hire vehicles. As private hire vehicles are pre-booked, passengers are in a position to make a consumer choice before hiring the vehicle. Private hire vehicle fares are thus set by the operators in a competitive market, which allows price to be one of the factors passengers take into account when choosing which operator to book with.” So why is TfL seeking to introduce controls on fares for pre-booked journeys?
The next issue of concern, which has not been resolved, is whether pedicabs should be able to charge per passenger. Currently, taxis cannot charge per passenger; they charge per journey. One can understand why, because the taxi is licensed for a certain number of seats—for example, five—and the number of passengers does not make much difference to the speed of the vehicle. The situation for pedicabs is significantly different, because taking four passengers in a pedicab requires a lot more cycling effort from one person than one passenger does. So surely it is reasonable that pedicabs should be able to charge per passenger, rather than just per journey irrespective of how many passengers are there.
3:15 pm
My next amendments relate to consultation. Amendment 1
“would require Transport for London to carry out a public consultation… to include details of the proposed licensing framework.”
It is clear from the document that has been produced that Transport for London is intent on doing that, so I will not press that amendment. However, we need to be more specific about the people with whom the consultation should be carried out, so amendment 2 says that the consultation must include
“the London Pedicab Operators Association, Cycling UK and whoever else”.
Currently, the Bill says:
“Before making pedicab regulations, Transport for London must consult whoever it considers appropriate.”
20 of 76 shown
Amendment 8, in clause 2, page 2, line 4, at end insert
“or at a level that enables investment in pedicab infrastructure in Greater London”.
This amendment would allow pedicab licence fees to be set at a level that enables investment in pedicab infrastructure in Greater London.
Amendment 6, page 2, line 29, at end insert —
“(d) designate sites to be used as pedicab ranks.”
This amendment would allow Transport for London to use pedicab regulations to designate sites as pedicab ranks.
Amendment 12, page 2, line 29, at end insert—
“(d) make provision for the designation by traffic authorities of places where pedicabs may stand for hire.”
This amendment allows for the regulations to make provision for the designation by traffic authorities of pedicab stands.
Clause 2 stand part.
Amendment 17, in clause 3, page 3, line 11, at end insert—
“(2A) The regulations may only create offences relating to the use of a pedicab for any of the following purposes—
(a) carrying passengers for hire or reward;
(b) travelling to carry a passenger or passengers for hire or reward;
(c) returning from carrying a passenger or passengers for hire or reward; or
(d) plying for hire.”
This amendment ensures that offences created by pedicab regulations only apply when the pedicab is being used to carry passengers, when travelling to or from carrying passengers, or when plying for hire.
Amendment 14, page 3, line 20, at end insert
“, provided that equivalent conduct committed by the driver or rider of a motor vehicle is subject to a civil penalty.”
This amendment provides that civil penalties relating to pedicab drivers may only be used if equivalent conduct committed by a driver or rider of a motor vehicle would be subject to a civil penalty.
Amendment 15, page 3, line 22, leave out from “immobilisation” to end of line 24 and insert
“and seizure by a constable in uniform or by a civil enforcement officer of any pedicab that—
(a) is being used in a manner that is causing alarm or distress to members of the public, or
(b) is being driven in a manner that—
(i) contravenes section 35 of the Offences Against the Person Act 1861,
(ii) contravenes sections 29 to 32 of the Road Traffic Act 1988, or
(iii) in the case of a mechanically propelled pedicab, would amount to a contravention of sections 29 to 32 of the Road Traffic Act 1988 if committed on a pedal cycle without mechanical propulsion, if the driver has been given warning on a prior occasion by a constable in uniform or a civil enforcement officer that the driver is using or driving the pedicab in a manner described in this paragraph or paragraph (a).”
This amendment ensures that the powers to immobilise and seize pedicabs are assigned to police constables in uniform or to traffic officers duly authorised by local authorities, and that they are proportionate to the powers to immobilise and seize motor vehicles in section 59 of the Police Reform Act 2002.
Clause 3 stand part.
Clause 4 stand part.
Amendment 18, in clause 5, page 4, line 17, leave out from “means” to the end of line 21 and insert
“a pedicab, as defined in section 1(2), which conforms to the Electrically Assisted Pedal Cycles Regulations 1983;”.
This amendment defines “power-assisted pedicab” as a pedicab which conforms to the Electrically Assisted Pedal Cycles Regulations 1983.
Clause 5 stand part.
Clause 6 stand part.
Amendment 3, in clause 7, page 4, line 32, leave out “may” and insert “must”.
This amendment would require the Secretary of State to issue guidance to Transport for London about the exercise of their functions under pedicab regulations.
Amendment 19, page 4, line 32, leave out “may” and insert
“must, within six months of the passage of this Act,”.
This amendment requires the Secretary of State to issue guidance to Transport for London about the exercise of their functions under pedicab regulations within six months of the passage of this Act.
Amendment 10, page 4, line 32, leave out “the exercise of” and insert
“making pedicab regulations and exercising”.
This amendment clarifies that the Secretary of State’s guidance to TfL encompasses the making of pedicab regulations, as well as the exercise of its functions under those regulations.
Amendment 11, page 4, line 37, at end insert—
“(3A) In preparing guidance to be issued under this section, the Secretary of State must have regard to the following objectives—
(a) the benefits to the environment, economic vitality and the health and quality of life that properly regulated pedicab services can provide;
(b) the safety of pedicab drivers and passengers;
(c) the need to minimise danger, disruption and disturbance to the public;
(d) the reasonableness of pedicab fares for the passengers, riders and operators of pedicabs;
(e) the designation of places where pedicabs may stand for hire;
(f) the need for licensing and other charges or requirements imposed on pedicab riders and operators, and the penalties for contraventions of offences created by pedicab regulations, to be reasonable and proportionate to the risks that pedicabs pose to their riders, passengers and the wider public.”
This amendment defines the objectives that the Secretary of State must have regard to when drawing up guidance on pedicab regulations, including to take into account the benefits that properly regulated pedicabs can provide.
Amendment 5, page 5, line 6, leave out “whoever” and insert
“the London Pedicab Operators Association, Cycling UK and whoever else”.
This amendment would require the Secretary of State to consult the London Pedicab Operators Association and Cycling UK as well as anyone the Secretary of State considers appropriate before issuing guidance.
Amendment 7, page 5, line 6, leave out “whoever” and insert
“with local authorities, elected representatives, and whoever else”.
This amendment would require the Secretary of State to consult with local authorities and elected representatives as well as anyone the Secretary of State considers appropriate before issuing guidance.
Clause 7 stand part.
Amendment 16, in clause 8, page 5, line 8, at end insert—
“‘civil enforcement officer’ has the meaning given by section 76 of the Traffic Management Act 2004;”.
This amendment is linked to Amendment 15.
Amendment 13, page 5, line 17, at end insert—
“‘traffic authority’ has the same meaning as in section 121A(1A) and (2) of the Road Traffic Regulation Act 1984.”
This amendment is linked to Amendment 12.
Clause 8 stand part.
Clause 9 stand part.
Clause 10 stand part.
Government amendment 20.
Clause 11 stand part.
New clause 1—Protection of children and vulnerable adults—
“(1) The Policing and Crime Act 2017 is amended as follows.
(2) In section 177, in subsection (6), at end insert—
(g) the Pedicabs (London) Act 2024”
This new clause includes this Bill in the definition of “taxi and private hire vehicle legislation” for the purposes of section 177 of the Policing and Crime Act 2017. This permits the Secretary of State to issue guidance to public authorities exercising licensing functions so as to protect children and vulnerable adults.
New clause 2—Licensing functions under pedicab regulations: protection of children and vulnerable adults—
“(1) The Secretary of State must issue guidance to Transport for London under the provisions of section 177 of the Policing and Crime Act 2017 as to how its licensing functions under pedicab regulations may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.
(2) The guidance must include a requirement for enhanced Disclosure and Barring Service checks to be a condition of licensing.
(3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.”
This new clause is linked to NC1. It would require the Secretary of State to issue guidance to TfL as to how its licensing functions under pedicab regulations may be exercised so as to protect children and vulnerable adults from harm, including compulsory DBS checks.
New clause 3—Conditions of licensing: Disclosure and Barring Service check—
“(1) Any provision related to conditions of licences under section (1)(a) may include a requirement for pedicab drivers or operators to have enhanced Disclosure and Barring Service checks.
(2) The Secretary of State may by regulations make provision that is consequential on this section.
(3) Regulations under this section must be made by statutory instrument and may not be made until they are approved by both Houses of Parliament.
(4) Regulations under this section may amend, repeal or revoke provision made by or under any legislation passed before this Act.”
This new clause enables TfL to include DBS checks as a condition of licensing for pedicab drivers or operators in any licensing provision made by Transport for London. It also permits the Secretary of State to make regulations to make any consequential provision.
It is important that we are able to deliver on that commitment. The question often arises of whether we can trust Transport for London. Those of us who live in London during the week, and others who are resident in London throughout the year, are quite concerned about Transport for London’s failure to listen on issues such as the ultra low emission zone extension and the proliferation of 20 mph zones.
Transport for London produced an outline of how it will use the process of regulation, which it will be given under this Bill, in January 2022, and it was updated in February 2024. The Minister made arrangements for the new draft to be circulated to all interested Members. Unfortunately, and I know it was not his fault, the draft was circulated not with his letter but late on Thursday, about half an hour after the House had risen and the deadline for tabling amendments had passed. My amendments therefore take no account of that document. Had I seen it before the deadline, I might well have tabled additional amendments.
Alarmingly, the potential licensing framework makes reference to the possibility that TfL might require pedicab operators to accept any fare that was offered. So if a group of people got together and said, “You’ve got four seats in your pedicab, we wish to take all four of them and we require you to take us to Leicester Square”, the pedicab driver would be required to accept those four people, who might be heavy. That would be the case despite his wish to have only one or two people in his pedicab because he was not sufficiently fit to transport all four people in his pedicab. Those are further concerns I have about what is contained in these draft regulations.
The cycling fraternity are very worried about pedicabs being legislated out of existence, which is why they have argued that the pedicab regime should be national, rather than limited to London, and that it should not be an extension of the rules relating to taxis and private hire vehicles. I tabled a question to the Minister following his helpful intervention on Second Reading, when he talked about the issue of licensing authorities across the rest of the country and referred to paragraph 8.3 of his Department’s publication “Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England”, which was updated on 17 November. In that update, the Department advised that licensing authorities “should make appropriate adjustments” to take into account the demand for pedicab services in their area.
During the earlier debates, we had heard that some such areas include Oxford, Salisbury, Bristol and Cambridge. So I tabled a written question to the Secretary of State asking
“what information his Department holds on (a) the number of pedicabs outside Greater London that are licensed as (i) taxis and (ii) private hire vehicles and (b) the number and proportion of those pedicabs that are in (A) Oxford, (B) Salisbury, (C) Bristol and (D) Cambridge; and if he will make an assessment of the potential impact on the number of licensed pedicabs of paragraph 8.3 of his Department’s guidance entitled Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England”.
The answer I received from the Minister on 25 March rather ducked the question:
“Outside London pedicabs can be licensed as taxis. Pedicabs cannot be licensed as a private hire vehicle as legislation defines a private hire vehicle as a motor vehicle. The Department for Transport issues guidance on licensing taxis and private hire vehicles to authorities who should consider the recommendations made and their obligation under the Regulators’ Code to carry out their activities in a way that supports those they regulate to comply and grow. The Best Practice Guidance…sets out that where there is local interest….licensing authorities should make appropriate adjustments…Subject to the legal requirements, it is for licensing authorities to consider”.
What the Minister did not say was what impact, if any, the change in the best practice guidance that he issued has had on pedicab operators or on people being able to start pedicab operations outside London. The answer, as far as one can gather, is that outside London there are no licensed pedicab operations, because, despite the Government’s apparent best intentions, those who wish to operate pedicabs outside London using the taxi and private hire vehicle regulations are unable to get their operations off the ground. That is largely because of the regulatory burdens and the costs associated with insurance, apart from anything else.
There are those who believe, as I do, that pedicabs are a highly environmentally advantageous means of transport: the pedicab driver is taking good exercise in cycling his pedicab and it is not causing any emissions. In addition, pedicabs enable people to get from one part of London to another and to have an enjoyable experience. In the same way that not many people in Venice use gondolas as a means of getting from A to B quickly, pedicabs are not used as an alternative to the bus or the underground. They are there for a bit of fun and recreation. Why would this Conservative Government want to legislate them out of existence? I do not think they want to do that, which is why I have proposed a series of amendments designed to tighten up the pedicab regime.
My first amendment
“requires Transport for London to have regard to any guidance issued by the Secretary of State in relation to the making of pedicab regulations and exercising TfL’s functions under those regulations.”
My point is that the making of the regulations is what is important rather than the exercising of the functions under them, so the amendment requires Transport for London to have regard to that. That links to the requirement in amendment 19 to ensure that the Government produce the guidance within six months of the Bill receiving Royal Assent. Without that provision we could have a situation where the Government are required by law to produce regulations, but there is no time limit on that.
As an example of how time lapses, I remember that just over five years ago, on a Friday in this Chamber, my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) brought forward a Bill to control bad behaviour by rogue parking operators, who can cause abuse at the behest of transport organisations, access driver and vehicle details, and impose severe penalties, including enormous fines, on alleged miscreants who have parked on private property. The Government assured us that a code of practice would be drawn up, and I put forward an amendment specifying the period within which that should be done. I was assured by the then Minister—none other than the person who is now our Prime Minister—that my amendment was unnecessary, but five years later that code of practice has still not been produced, to the frustration of motorists up and down the country. That is why we need to include an amendment that specifies the timescale within which the Government must produce their guidance.
Amendment 19 suggests a timescale of six months. Transport for London could introduce its regulations thereafter, having taken into account the Government guidance. Clause 7 is purely permissive: it permits, not requires, the Government to issue guidance to Transport for London. It is essential that the Government issue guidance that ensures Transport for London realises it will not be allowed to prevent pedicabs plying for hire in London; it will not be able to require pedicab operators to put a maximum of four heavy people in their cab and not get any extra fee for transporting them; and it will not be able to require other potentially damaging provisions in the draft regulations.