‘Reluctance’ of taxi drivers to give evidence hampers action on out-of-area private hire vehicles plying-for-hire, says council
- Perry Richardson
- 47 minutes ago
- 2 min read
Efforts to clamp down on illegally operating out-of-area private hire vehicles in Bracknell Forest are being hindered by a lack of formal witness support from within the taxi trade, councillors have been told.
The issue was raised again at the latest Taxi Trade Group meeting and detailed in a report to the Licensing and Safety Committee. While drivers continue to voice concerns about cross-border activity, officers say enforcement is dependent on those same drivers being prepared to stand as witnesses in court.
Under current legislation, private hire vehicles licensed by other authorities are permitted to operate in Bracknell Forest provided they are working lawfully. As a result, enforcement action can only be taken where there is clear evidence of offences such as unlawful plying for hire. The report states that “the only option to deal with any illegal drivers is through prosecution for Plying for Hire which then invalidates their vehicle insurance and therefore they can be prosecuted for no insurance”.
However, building such cases requires first-hand testimony. According to officers, “the trade member who has witnessed this and who possibly takes photographic evidence becomes the Council’s main witness and will therefore be required to provide a statement detailing what they have seen and then appear in court in support of the Council”.
Council says prosecutions depend on trade witnesses as concerns over cross-border working persist
It is at this stage that cases often stall. The report is explicit about the challenge facing enforcement teams. “Unfortunately, when these reports are received and the member of the trade is asked to provide a statement and support the Council in its efforts to prosecute the driver concerned, the trade is reluctant to assist meaning that no action can be taken”.
Officers stress that without a willing witness prepared to provide a formal statement and attend court, prosecutions cannot proceed. While the council continues to undertake its own enforcement exercises and is currently prosecuting one driver observed by a council employee, most cases depend on cooperation from those who initially raise the complaint.
Where sufficient evidence cannot be secured locally, details may be passed to the driver’s licensing authority. However, Bracknell Forest Council has no jurisdiction over what action, if any, is taken elsewhere.
The report highlights a continuing tension between frustration within the licensed trade over cross-border working and the legal threshold required to take enforcement action. Without direct support from drivers prepared to give evidence, officers indicate that options remain limited under existing legislation.
