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

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Of course, appropriating these benefits will depend on<br />

the nature of entry restrictions that remain for taxis <strong>and</strong><br />

hire cars.<br />

In any event, the inquiry observes that any beneficial<br />

aspects of these regulations have never been formally<br />

made out or subject to independent review. From a<br />

review of the history of hire car regulation, it appears<br />

that the primary goal of many of the hire car regulations<br />

are to restrict their ability to compete with taxis; in<br />

particular, that they should be a superior service charging<br />

‘appreciably’ higher fares than taxis. 115<br />

The inquiry’s view is that regulations on hire cars,<br />

particularly vehicle restrictions, have created unnecessary<br />

costs without offsetting benefits <strong>and</strong> that a new set of<br />

regulatory objectives needs to be determined.<br />

This does not mean that there are no legitimate grounds<br />

for distinguishing between hire cars <strong>and</strong> taxis in<br />

regulation. A distinction may be made on the basis that<br />

one type of vehicle services the pre-booked market only,<br />

while the other is permitted to do rank <strong>and</strong> hail work, <strong>and</strong><br />

that a different balance of competition <strong>and</strong> regulation may<br />

be needed to deliver safe, high quality services in both<br />

market segments. In particular, the inquiry’s view is that<br />

there are better grounds for relying on competition to<br />

deliver higher service quality in the pre-booked market,<br />

as operators in this market rely on repeat business to be<br />

successful. In contrast, the operation of taxi ranks <strong>and</strong><br />

‘hailing’ means that competitive pressure will likely be<br />

less successful in delivering high quality services.<br />

Inquiry finding<br />

è Regulation of hire car vehicle st<strong>and</strong>ards<br />

unnecessarily restricts competition between<br />

hire cars <strong>and</strong> taxis.<br />

10.6.2. Competition between small<br />

commercial vehicles <strong>and</strong><br />

public transport<br />

Regulations also limit competition between taxis <strong>and</strong><br />

hire cars versus other forms of transport. As set out in<br />

chapter 4 <strong>and</strong> section 10.1.2, the inquiry’s view is that<br />

public transport is not likely to be a strong substitute<br />

for taxi <strong>and</strong> hire cars services. This suggests that these<br />

regulations might impose costs on the community but<br />

offer few benefits in return: removing the regulations will<br />

not necessarily enhance competition between modes,<br />

but will improve the efficiency of the transport system<br />

more generally.<br />

For example, if regulation prevents a successful<br />

commercial service running a fixed route between two<br />

train stations that are currently not served by a bus route,<br />

or running a taxi service using a vehicle with a larger<br />

seating capacity than 12 occupants, then there is a risk<br />

that the community loses out on a service for no gain.<br />

Indeed, to the extent that the services offered would be<br />

complementary to public transport then the result is less<br />

use of public transport as well.<br />

If regulation is genuinely required then it should not<br />

prevent, to the greatest extent possible, these market<br />

niches from being filled by taxis <strong>and</strong> hire cars. Currently,<br />

the key regulations preventing this from occurring are that:<br />

• Taxis operating on a set or fixed route are considered<br />

to be acting as a bus <strong>and</strong> are therefore captured by<br />

regulations requiring them to have a service contract<br />

with the Victorian Government.<br />

• Taxis cannot operate using a set fare. 116<br />

These restrictions are further analysed in chapters<br />

19 <strong>and</strong> 20.<br />

Inquiry finding<br />

è Taxis <strong>and</strong> hire cars appear to be prevented<br />

from living up to their potential by restrictions<br />

on competition between the two modes as<br />

well as with other modes, such as buses.<br />

115 See Transport Regulation Board (1983), Review of Hire Car <strong>and</strong><br />

Related Services, 20 April 1983<br />

116 Case studies, comments <strong>and</strong> potential new service options in relation<br />

to taxi-bus services are discussed in section 19.4<br />

218

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