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Part D – Understanding and improving industry performance (PDF ...

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While some respondents call for the assignment of<br />

licences to be prohibited outright, others see merit in<br />

capping future assignment fees. In its submission, the<br />

ESC argues that an assignment fee cap “would limit the<br />

economic profits being transferred to licence holders”<br />

<strong>and</strong> “be a means to positively affect the distribution<br />

of income between <strong>industry</strong> participants”. 54 The VTA<br />

notes that “placing a cap on assignment fees will control<br />

excessive <strong>and</strong> beyond the usual dem<strong>and</strong>s by licence<br />

holders”, 55 while a joint submission from Ambassador<br />

Taxis, TaxiLink <strong>and</strong> Cabways argues that capping<br />

assignment fees “will automatically bring a correction to<br />

the prices being paid for assignable licences”. 56<br />

Some licence holders point out that they have made<br />

business <strong>and</strong> investment decisions based on an<br />

expectation that licences will remain tradeable <strong>and</strong><br />

assignable, <strong>and</strong> will continue to have a ‘reasonable<br />

scarcity value’ through government regulation of the<br />

number of licences issued.<br />

10.3.2. The effect of assignments <strong>and</strong><br />

transfers on market <strong>performance</strong><br />

In discussing licence assignment <strong>and</strong> transfer, it is helpful<br />

to underst<strong>and</strong> some of the history to the introduction <strong>and</strong><br />

development of these policies.<br />

Licence transfers have been allowed since some time<br />

in the early 1970s. The widespread use of assignments<br />

began after the Foletta inquiry, in the late 1980s. Prior to<br />

this time, assignments were only allowed under relatively<br />

strict criteria. By 1989, 239 licence assignments had<br />

been approved. By 2001 this had reached 1,287 for the<br />

metropolitan fleet. 57 In 2011, this number reached 2,155<br />

or nearly 70 per cent of assignable licences. 58<br />

These effects seem to be reflected in licence value<br />

data. Table 10.3 summarises licence price changes in<br />

metropolitan Melbourne from 1975 to 2011 in both nominal<br />

<strong>and</strong> real (inflation adjusted) terms. Growth in real licence<br />

values appeared to accelerate after the Foletta review was<br />

completed <strong>and</strong> assignments became more widespread.<br />

Table 10.3 Licence value changes, 1975 to 2011<br />

Period<br />

Annual growth<br />

in licence value<br />

(nominal)<br />

1975 – 1985 12.7% 2.9%<br />

1985 – 1995 12.2% 6.6%<br />

1986 – 2011 9.1% 5.6%<br />

Sources: Foletta (1986), KPMG (1999), VTD data<br />

Annual growth<br />

in licence value<br />

(real)<br />

Many have pointed to the introduction of assignments<br />

as the start of many of the <strong>industry</strong>’s observed problems<br />

with ‘investors’, summed up by one submission:<br />

What is the purpose of a taxi licence? It used to be<br />

to operate a taxi-cab <strong>and</strong> provide a personalised<br />

door to door service for the travelling public. Then<br />

licence assignment was introduced, during a period<br />

of government insanity, <strong>and</strong> is now the most common<br />

operating structure…The ability to assign your licence<br />

goes back about twenty years when after much<br />

agitation <strong>and</strong> lobbying from long term licence owners,<br />

the government of the day allowed owners to lease or<br />

assign their licence to another party. Allow them to<br />

use their licence as a form of superannuation if you<br />

like. With one fell swoop of the legislator’s pen they<br />

not only added another [item] to an already long list<br />

of expenses, but put in place the largest single<br />

expense item… 59<br />

However, the Foletta inquiry noted that the <strong>industry</strong><br />

already had a number of existing problems in 1986. In<br />

particular, poor driver remuneration, high licence values<br />

<strong>and</strong> an insufficient number of taxis to meet peak dem<strong>and</strong><br />

were all evident at the time of the inquiry. The assignment<br />

of licences from the late 1980s could not have caused<br />

any of these problems, although, arguably, it could have<br />

accentuated them.<br />

54 ESC Submission, Op. Cit., p.VII <strong>and</strong> p.34<br />

55 VTA, Submission to the Taxi Industry Inquiry, SS60C, p.1<br />

56 Ambassador Taxis, TaxiLink <strong>and</strong> Cabways, Op. Cit., p.30<br />

57 McQuillen, Rob (2001), Op. Cit., p.12<br />

58 Inquiry calculation based on VTD data. Note that not all metropolitan<br />

licences are assignable<br />

59 Holger Hansen, Op. Cit., p.1<br />

200

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