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COMPETITION AUTHORITY
DISCUSSION PAPER
No 6
Solving Dublin Taxi Problems
Urban-Sharecroppers v Rentseekers
Patrick Kenny & Patrick McNutt
November 1998
Abstract:
The taxi problem in Dublin is characterised by a secondary market for taxi
plates. As demand for taxis has progressively increased in the city, rents
accruing from owning a taxi plate have increased, driving up the price of taxi
plates on the secondary market. The rents associated with owning a taxi plate
are competed for in a secondary market where agents compete for the right to
expropriate the rents. This paper advocates that any policy to increase taxi
numbers in advance of deregulation must remove the transferability of taxi
licences for the policy to be time consistent. A distinction, which we
refer to as vertical differentiation, introduces a principal-agent
problem, moral hazard, in an environment characterised by interminably long taxi
queues and by cosy drivers, who have become urban sharecroppers.
1. General Introduction
1.1 Overview
The introduction of a limit on taxi plate numbers coupled with
transferability (introduced in the 1978 Road Traffic (Public Service Vehicles)
(Licensing) Regulations) has created a secondary market in taxi plates. As
demand for taxis has increased in the intervening period, rents that accrue from
owning a taxi plate have increased accordingly, a fact that has driven up the
price of taxi plates on the secondary market. The current plate price is beyond
the financial means of most people who would, in a free entry regime, opt to
drive the taxis. This paper argues that the transferability of taxi licences
brought about by the 1978 legislation, should be removed. The authors
argue that a phased path to total entry deregulation, without removing
transferability, is not sustainable due to problems of time consistency.
In addition, the paper draws particular attention to the distinction that has
been created by the 1978 S.I. op. cit., a distinction between taxi owners
and the taxi drivers. This distinction, which we refer to as vertical
differentiation, introduces a principal-agent problem into the taxi market.
The paper advances the idea that this secondary market, because of prohibitive
entry costs, perpetuates this distinction between the taxi plate owner (the
principal) and the driver (the agent), which neither benefits the public nor the
average taxi driver.
There will be opposition to any proposed change in the licensing regime. Any
attempt to ameliorate that (rent-seeking) opposition raises the possibility of
compensation. The analysis in the paper briefly focuses on the question of
whether the payment of compensation to incumbent taxi owners is efficient or
not. We argue that there is no efficiency reason to award compensation to
incumbent taxi plate owners - compensation rules are generally inefficient
because of moral hazard problems. If the owners were to be compensated, they
would have an incentive to overvalue their investment. Simply making taxi plates
non-transferable (which is not the case at present) will ensure that the fixed
(sunk) cost of entry into the Dublin taxi market is lowered, thus facilitating
both ease of entry and exit.
Furthermore, the economic case for non-compensation is grounded in legal
reasoning viz J. Costello in Hempenstall et al v The Minister for
the Environment (1992):
"Property rights arising in licences created by law (enacted or
delegated) are subject to the conditions created by law and to an implied
condition that the law may change those conditions. Changes brought about by
law may enhance the value of those property rights (as the Regulations of
1978 enhanced the value of taxi plates by limiting the numbers to be issued
and permitting their transfer) or they may diminish them...But an amendment
of the law which by changing the conditions under which a licence is
held, reduces the commercial value of the licence cannot be regarded as an
attack on the property right in the licence -it is the consequence of
the implied condition which is an inherent part of the property right in the
licence." [Our italics]
1.2 Background
The Minister for the Environment is empowered under the Road Traffic Acts
1961 to regulate the operation of public service vehicles (PSV’s). In terms of
the carriage of a small number of persons, PSVs can be broken down into hackneys,
which, under current licensing arrangements, can only be hired on a private
basis by phoning in advance or by going to the hackney outlet, and taxis
proper which can by hired on a private and public basis. The legal basis for the
taxi-hackney distinction is to be found the Road Traffic (Public Service
Vehicle) Regulations 1963 (S.I. No. 191). In recent years, hackneys have become
more substitutable for taxis as the hackney owners have made efforts to make
their service more like that of taxis and more identifiable. This has been
resisted by taxi groups and has been the subject matter of some High Court
cases, notably, Hempenstall (1992) and O’Dwyer (1998).
Although Dublin taxis do face competition from hackneys in some segments of
the market, taxis and hackneys are not in direct competition with each other in
terms of public pickups either at taxi ranks or cruising. The taxi plate
owners/drivers have expressed their concerns about encroachment into the
protected segments of the market by hackneys, as witnessed by the recent
protests by the taxi drivers’ federations. However, the impact of the increase
in hackney licences since the early nineties has not, interestingly enough, had
any long term effect on the value of taxi plates in the secondary market for
plates. From this single observation we could infer that the recent developments
in supply of hackneys has had little impact on the rents accruing to the taxi
plate owners.
The price paid for a taxi plate in Dublin represents the present discounted
value of the expected stream of annual profits for each taxi plate. But once an
owner has paid this price, these profits, arguably, will not represent an
economic profit, but a repayment for the up-front investment, with the owner
earning a normal rate of return on this investment. The rent, however,
associated with the supply restrictions in licences, has, for the most part,
been captured by the initial owners of the taxi licences, although later owners
have earned rents with changes in demand or institutional changes in the supply
of licences. The allocative inefficiency in taxi licence supply has created a
secondary market in taxi plates wherein rents accrue.
An interesting aside to the issues raised in this paper was the attempt by
hackney plate owners in the O’Dwyer case to create a secondary market in
hackney plates (which existed during the moratorium on the issuing of hackney
plates in 1991/1992 where hackney plates sold for IR£20,000). In this
case J. Geoghegan found that;
"The Minister’s duties under the Road Traffic Acts are to provide
for public transport services. Under the scheme which he has traditionally
operated there are two types of small public service vehicles, the taxi and
the hackney. As a side effect of the manner in which taxis are regulated,
there is in practice a saleable market in taxi licences but there was and is
no legal obligation on the Minister whatsoever to create or maintain such
side effects. (See Hempenstall v The Minister for the Environment, [1993]
ILRM 318). Hackney licences are regulated quiet differently and the mere
fact that the regulation of hackneys does not produce a similar side effect
as the side effect produced by the regulation of the taxis, does not in any
way render the regulatory scheme discriminatory...Because of the long established
policy of restricting the number of taxi licences issued in the taximeter
areas, there has been for many years past been a saleable market in taxi
licences but there was never such a market in hackney licences except
during that very short period in 1991/1992. There could not be an obligation
on the Minister to create such a market." [Our italics]
2. Taxi Plates
There are various conditions which must be satisfied by the applicant for the
taxi plate which mainly concern their suitability for taxi plate ownership. Taxi
plates become transferable five years after being issued. The PSV office
(located within Dublin Corporation) processes plate transfers in the same manner
as it would an original application for a fee of £3,000. Under the
present system, the holder nominates the person to whom the plate is
transferred. At the end of 1997 there were 1,974 taxi plates and 3,000 hackney
plates issued in the Dublin region. This is only marginally up from the figures
in the early 1990’s as can be seen in Table 1 below:
Table 1: Number of Taxi Plates issued in Dublin 1991 and 1997
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Taxi Plates in Dublin 1991
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Taxi Plates in Dublin 1997
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1,924
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1,974
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Source: The 1991 figure comes from Should Irish Taxis Compete? by
P. Massey in McNutt [ed.]: Perspectives on Competition Policy, 1994, CIEL,
University of Ulster. The 1997 figure comes from an Article in the Irish
Independent, 22 November 1997.
It is estimated in the Oscar Faber report that by the end of 1998 there will
be 2,374 active taxis in the Dublin region. The turnover in taxi plates is
estimated unofficially at about 2-3% per annum. It is generally accepted that
taxi plates now trade in the region of £80,000, which gives an upper
bound on the value of the total taxi plate stock of IR£158m
approximately, based on 1997 taxi numbers. It is estimated that the monopoly
profits arising from the present system is IR£30m (of which some IR£22m
is estimated to be from the rent charged to cosies). It is important to bear in
mind that these taxi plates are not, in the fullest sense, pure private
property, as they will not, for example, be accepted as collateral by a bank.
This raises the issue brought up in Smythe as regards the nature of a taxi
licence on asking "how is it that licences change hands outside the
regulatory environment". Smythe goes further in his exposition of how the
regulatory system (in the US) works:
" By historical inattention to fundamental economics, [taxi] quotas
were imposed or simply allowed to emerge, but with no simultaneous
prohibition on licence transfers. As a direct result of immediate scarcity,
licences began to take on real estate values of their own completely
external to the regulatory environment."
2.1 PSV Driving Licences
PSV drivers must have a PSV licence which is issued by the Garda
Commissioner. There are no quantitative controls on the number of PSV driving
licences issued, although restrictions on drivers being available for 40 hours a
week and not being engaged in a business or occupation which would be likely, in
the opinion of the Commissioner, to impair their efficiency or otherwise be in
conflict with their employment as a driver of taxi (or hackney), have recently
changed. The taxi or hackney licence and licences to drive a taxi or hackney can
be revoked at any time by the proper authorities if they have good cause.
The Fair Trade Commission (FTC) in its report, recommended that there be a
gradual phasing out of quantitative limits on taxi plate numbers. The lifting of
quantitative restrictions would not be accompanied by a change in qualitative
restrictions. The FTC argued for the removal of the more restrictive regulations
regarding the issuing of PSV driving licences. In particular, they pointed to
the provision that the PSV driver be available for 40 hours a week. They also
suggested that the Dublin taximeter area be extended to reflect the increase in
population that had occurred in the previous two decades. Notwithstanding the
FTC’s concern that the removal of price controls could lead to higher prices
in the short term, they were of the opinion that price competition between taxis
would be beneficial to consumers.
Kramer and Mellor (1995), in their study of the taxi market in Boston,
recommended fundamental changes to the control imposed on Boston's taxi market.
The hackney unit of Boston's police department would have to open entry into the
taxi industry and regulate cabs in order to protect public safety by requiring a
licence, doing a background check on drivers, a vehicle safety check and
ensuring that the drivers had adequate liability insurance.
To allow market forces to work, it was recommended that the City Council
should contemplate a change in rate structure along with opening entry to the
industry. This would allow drivers to expand their base of customers by offering
competitive fares, especially to the elderly - the fastest growing segment of
society who rely heavily on taxicabs, but many of whom also have fixed incomes.
In order to protect visitors to the city, as well as others who rely on taxi
service and who may not be familiar with rates, a fare ceiling may be imposed to
restrict any price gouging that may occur. They recommended that the price
ceiling, below which competitive fares could be offered, would in all likelihood
be what cabs must charge now.
Massey (1994) proffered many valid criticisms of the Inter-Departmental
Review Group (IRG) which was set up in the early 1990s to examine legislation
applying to the operation of small PSVs. The most pertinent of these is the fact
that the IRG failed to recognise that competitive markets are superior to
regulated ones in making the required adjustments to equate supply and demand.
He had suggested that there be a gradual phasing out of quantitative limits on
taxi plate numbers, followed (quite sensibly) by a lifting of the restrictions
on price controls. He drew our attention to the case of Sweden in 1990, where
price regulations were lifted at the same time as quantitative restrictions on
the number of taxis were lifted, as an example of the perils of deregulating
prices in a market which has quantitative restrictions on entry. In the year
following de-regulation, the number of taxis increased by 26%. The gradual
phasing out of quantitative restrictions would allow recent entrants to recoup
their investment in taxi plates.
3. A Regulatory Framework
3.1 Taxi Plate Owners and Drivers
The holders of taxi plates in Dublin have many possible means of employing
(accruing rents) the plate. Firstly, they can acquire a car, radio, insurance
etc. and drive the taxi themselves. In this instance, the taxi plate owner takes
the capital risk associated with the value of the plate and the risk associated
with the income stream from fares. It may have been the case in the past that
the holder of the taxi licence was also the driver, but in recent times this
system has been undermined. This has occurred as the fixed costs of entry have
increased; individuals who can now purchase a plate (and get a car on the road)
will normally be people of significant means and this is correlated with a high
opportunity cost of their time. If the taxi plate owner decides to drive, they
face the decision as to whether or not to take on a cosy. In the Oscar Faber
report, it is estimated that the increase in gross earnings from taking on a
cosy is IR£8,024. Unless the taxi plate holder is very risk averse and
has not recently made a large investment to acquire the plate, it makes economic
sense to take on the cosy. The plate holder may decide not to drive the taxi if
his opportunity cost is moderately high. In this case he can rent the plate out
to two cosies (providing the vehicle, insurance etc.) or rent the plate to an
intermediary.
In the American context, an article in the New York Times in 1992
recognised that taxi driving has been closed off (due to regulation) as the
"poor-man’s gateway" to mainstream America. This development was
noted in an article on the Boston taxicab market where it is stated:
"The current regulatory scheme in Boston benefits only the
existing medallion holders, their lobbyists, and their lawyers. As a
result, most Boston taxi drivers do not enjoy the fruits of their own
labour. They must pay exorbitant weekly fees for the
"privilege" of driving for someone else who owns the taxi
medallion. In essence, cab drivers become urban sharecroppers."
One must focus on how the regulatory system for taxis in Dublin has
increasingly turned taxi drivers into urban sharecroppers. One could
argue that this is due to a bidding war for the monopoly rents that accrue to
plate holders and the risk and informational difficulties associated with a
plate owner-driver relationship. The regulation of taxi plate numbers in the
face of increasing population and incomes creates a situation where demand
exceeds supply.
The impact of regulation can be seen very starkly in the case of the city of
Indianapolis before it de-regulated the taxi industry in 1994. There, a
regulated taxi from the airport to the centre of the city was twice as expensive
as an unregulated limousine which had a TV and VCR included, according to
information provided by the Indianapolis mayor’s office. The rents associated
with owning a taxi plate are then competed for in a secondary market where
agents compete for the right to expropriate the rents. If the regulator does not
react to the demand for more licences the inevitable outcome is a situation,
like in present day Dublin, where the taxi plates trade for very high prices,
and social surplus is transferred from the consumer to the taxi plate owners.
The large investment required to enter the regulated market induces
incentives to vertically differentiate the industry into plate holders and their
drivers. These plate holders have invested large sums to get the rents and will
face financial losses if their monopoly position is undermined. So basic
economic principles can explain how the regulatory environment has caused a
secondary market to open up for taxi plates and how, over time, the price of
these plates have risen to be substantial sums of money. These sums are beyond
the means of most potential entrants. Further, given the nature of the licence,
it is impossible to borrow money to finance the purchase of the plate. These
facts ensure that, in all but the most unusual of cases, the present buyers of
plates are individuals of sufficient means to raise £80,000 without
recourse to credit markets.
3.2 Vertical Differentiation & Contracting: Urban Sharecroppers
Given the large sums of money involved in securing a taxi plate, it would be
safe to assume (other than in the case of small co-operatives of drivers) that
the person holding the plate has high opportunity costs. This then creates the
need for plate owners to advertise for the services of a PSV licence-holding
driver, known as a cosy. The relationship between the plate holder and
the driver is a classic principal-agent relationship, with all the concomitant
(asymmetric) informational difficulties.
As argued above, the prohibitive cost of plates in Dublin ensures that most
new plate owners will not find it optimal to drive the taxi for themselves. They
then have the choice to buy a car, insurance etc. themselves and search for
cosies, or hire the plate out to an agent who will act as an intermediary. In
either case, the holder of the plate is faced ultimately with three possible
contracts that they could offer the potential driver:
(i) a fixed rental fee contract, where the driver takes all the
risk associated with fare income;
(ii) a fixed wage contract, where the plate owner takes all the
fare income risk;
(iii) a risk sharing arrangement, which is a mixture of (i) and
(ii).
It is our view that there are serious informational difficulties in contracts
(ii) and (iii) which may rule out their attractiveness to the plate holder. This
is because of the informational asymmetry normally referred to as moral hazard.
Moral hazard refers to facets of a driver’s behaviour which cannot be
monitored, without great cost, by the plate owner. These include the drivers
level of effort and the actual fare income collected. Because of this, it is in
the interest of the plate holder (the principal) to offer to the driver (the
agent) the incentive-compatible contract, ie contract (i).
In this, the principal can force the agent to take all the residual risk
associated with the fare income and, in the face of a relatively large supply of
drivers, force the driver to pay a rent which will leave him with his
reservation wage (which in many instances may be the minimum wage). This
contract has the benefit to the plate owner that he only has to face one rather
than two uninsurable risks (the capital value of the plate and the fare income),
and is incentive-compatible. The driver once he has paid his fee to drive the
car, is left with the minimum wage.
In looking at the Dublin Corporation taxi register there were 1,974 taxi
plates as at the 12 March 1997. We looked at the level of concentration in the
ownership of taxi plates and found that there were only 69 obvious multiple
owners who, in total, accounted for 193 plates. This left some 1,781 single
plate owners. In essence, 3.7% of plate owners held some 9.8% of the plates.
This measure, however, understates the level of power yielded by some
individuals.
There is a vibrant market for individuals who rent plates and then act as an
intermediary between the owner and the driver. This arrangement obviously
benefits from some economies of scale in car maintenance, radio cost etc. It is
estimated that one individual controls up to 45 plates in such a manner (some 2%
of the total). Overall the ownership structure is flat with only a few outliers,
in terms of holding over one or two plates. The Oscar Faber Report estimates
that there are 1,500 cosies in Dublin. Based on its calculations of fare income inter
alia, the Report estimates that cosies would have to work up to 70 hours a
week in order to take home the average industrial wage. They report anecdotal
evidence that these type of hours are being put in by cosies. The Oscar Faber
report demonstrates that any current buyer of a taxi plate must hire a cosy to
make the substantial investment economical. The Report also shows that for
existing plate owners who did not outlay vast sums to secure a plate are
foregoing up to IR£8,000 if they choose not to engage the services of
a cosy. Indeed, on examining the Oscar Faber calculations, it is hard to see why
the established plate owner does not hire out the plate completely, rather than
drive the car himself (unless they have very low opportunity costs of their
time).
From their report Oscar Faber show that, ignoring the cost of the plate,
plate holders can earn an income of IR£27,383 per annum if they drive
the car themselves and hire it out to a cosy. If insurance costs do not vary as
between (a) having the plate owner and a cosy and (b) having only two cosies on
the policy, the plate owner will receive an income of IR£15,344. This
implicitly values the plate owner’s opportunity cost of time at IR£12,039
per annum. If the plate owner could earn more than this (on the basis of a
60-hour week) in any other activity, he should not drive the taxi himself, but
engage cosies. The economics of this scenario demonstrates how the number of
cosy drivers has risen and will continue to rise under the present
regulatory regime.
A modern form of urban sharecropping, we contend, exists to a degree
in the Dublin taxi market with this contractual arrangement. While there is as
yet, no firm evidence as to the prevalence of this arrangement an article in the
Irish Independent of 22 November 1997 by Jerome Reilly claims that the
"ordinary driver...rents both his car and plate and...works a 50-hour week
to make the average industrial wage." Whilst, in the normal
landlord-sharecropper relationship the land to which the landlord had title was
his exclusive property, the taxi plate is often the property of the taxi
licensing authority. In an article in the Cincinnati Enquirer, it was
stated that "city policies should not create a system where individuals or
companies are making a profit by leasing city property." But this is
precisely what has been allowed to happen in Dublin, if we strictly interpret
the taxi plate owners as ‘holders’ rather than owners per se.
However, as Kramer and Mellor (1995) point out, the regulatory authority must
take some responsibility for creating the problem and should be willing to
compensate individuals who would face financial loss. Kramer and Mellor argue
that there is an argument for the regulator to buy back all or a portion of the
value of existing plates. Of course, it is in the public’s interest that the
regulator does not allow such entrenched positions to develop in the first
instance and to facilitate ease of entry and exit into and out of the taxi
market.
4. Well-Defined Property Rights
Well-defined property rights are necessary to achieve an efficient allocation
of resources. Posner observes that
"without property rights there is no incentive to incur
these costs (of investment) because there is no reasonably assured reward for
incurring them".
Additionally if a policy change provides access at a price less than an
efficient entry price, the change will effect an uncompensated taking of the
incumbent’s property right. If there was voluntary consent from incumbent taxi
plate owners to guide the use of resources efficiently, then ownership costs
would have to be borne by an entrant. An efficient entry price which reflects
the ownership costs would therefore have to be computed - an administrative fee
of IR£3000 plus the cost of specification of the car as a taxi, plus a
non-refundable surety (a deterrent effect) in the event of a refusal to re-issue
a licence. If new taxi plates were issued, both the entrant and incumbents would
each have to incur such a cost of securing ownership rights in the licensed
market and ownership costs (inclusive of deterrent costs) would deter
Farrell’s dishonest entry in equilibrium. In addition, any proposed
policy change in the regulatory framework must ensure efficient entry, a
configuration with low entry costs and the dissipation of secondary market
rents.
4.1 Ease of Entry Conditions
The thrust of the argument, presented earlier, points to a potential time
consistency problem in any proposal which suggests increasing the number of
plates under the present system with transferability. For example, if the
regulator were simply to double the amount of plates and retain the present
licensing system, not only the core problem of an inefficient allocation of
taxis remain but an inter-generational effect would emerge, exacerbating the
problem in the secondary market.
To ensure ease of entry, the (high) sunk costs of entry must be removed. It
is sub-optimal to have high sunk costs in a market where potential entrants are
prepared to enter in reaction to (excess) demand for taxi services. A lowering
of the sunk costs can be facilitated by liberalising the current licensing
system. To ensure that entrenched dominance does not again creep into the
system, it is important, not just to increase taxi numbers, but to ensure that
we are not just forestalling dealing with the problem, by making the taxi plates
non-transferable. This would vertically re-integrate the system to ensure
that the holder of the plate is also a driver of the car.
Though the stipulation that the plate owner be a driver is not a necessary
condition for efficiency, it could be argued that if the costs of moral hazard
(in terms of the insurance fees) are abated and an improved incentive structure
put in place, this would be it a sufficient condition for efficient service. In
this manner, in recognition of the fact that the conditions attaching to plates
are a matter of public policy, making plates non-transferable will ensure that
the fixed costs of entry into the taxi market are such that they facilitate both
entry and exit.
Even in an efficient entry regime, the market will be characterised by the
existence of cosies. In this instance, there would be some people who would not
have access to the capital to put a car on the road and pay any administrative
fee etc., or there may be people who choose to remain agents due to their own
preferences. The crucial difference being that the vast majority of the current
cosies would now be in a position to put their own taxi on the road and work on
their own behalf. While it is not our intention to second-guess the market on
liberalisation, it does appear that any degree of monopsony power currently
enjoyed now by plate owners will be diluted. It is our belief that, in a
liberalised regime, the contracts offered to cosies would have to be more
attractive than those currently on offer, as the opportunity cost of cosies
would rise.
The system cannot be fully liberalised as there are matters such as public
safety that necessitate a degree of qualitative regulation. This can be readily
accomplished in terms of regular checks and yearly licence renewals. This will
militate against hit-and-run entry, which is a problem in an industry with low
reputation effects (low probability of hiring the same taxi driver twice). There
is also some necessity for some price controls in the form of reasonable price
ceilings and the display of fares. In the movement from the regulated system to
the liberalised system, given the large investment of the incumbent plate
owners, there are clearly going to be financial losses. Investments in taxi
plates were made with full knowledge of the nature of the plates yet were done
under the auspices of the PSV licensing authorities who must take some
responsibility for the current situation.
In the taxi environment, consumers ‘experience’ different taxis and
hackneys, queuing, reliability of service inter alia. Farrell (1986) has
argued that
"in an experience goods industry, an entrant who could
make positive profits by providing a better deal to buyers than do incumbents,
may cheat buyers by providing goods of low quality to make even greater
profits" .
Entry conditions are important for market performance. In particular, if the
market is providing less consumer surplus (prices are higher than competitive
prices), an entrant can make a positive profit by offering the consumer lower
prices. Of course, if buyers have rational expectations, they will be unwilling
to buy from the entrant. As a result, moral hazard in a seller’s choice of the
quality of an experience good can lead to a barrier to entry. Farrell continues
to argue that if hit-and-run entry occurred, the threat of such entry may not
discipline the pricing strategies of incumbents. Furthermore, if a new licensing
regime is presented as a mechanism for the delivery of honest service and
quality that would otherwise be absent, licensing then proffers society a
premium for such honesty.
4.2 Just Compensation
The two conditions viz. well defined property rights and efficient
entry, are interrelated, arguably, since property rights help to ensure that
market exchange is voluntary. All parties may agree that the policy change has
to conform to a Pareto improvement criterion (it is just). However it is
imperative that the losses associated with the policy change be identified as
true opportunity costs in order to avoid moral hazard: if potential losers know
with certainty that they will receive compensation, the policy change will
induce moral hazard (under any hypothetical bargain, neither party would reveal
the ‘true’ preferences under voluntary exchange) on the part of incumbent
taxi owners. Alternatively, if taxi owners know that their losses from a policy
change will go uncompensated, potential losers will use their real resources to
resist the Pareto improving policies. Potential winners may opt to do likewise
in defending the change. Consequently incumbent monopoly profits are dissipated
by rent-seeking expenditures.
When judging the importance of barriers to entry it is imperative to adopt a
criterion of ownership of real resources which encourages investment in the
market and militates against hit-and-run entry. Any judgement on barriers must
take cognisance of the property rights equilibrium configuration implied by
entry. If a Paretian standard is applied to the Irish taxi market it raises the
related issue of just compensation for incumbents in any proposed policy
change. To recast ownership rights as a basis for compensation in taxi market
liberalisation, we would have to ask: how does a barrier which originates in,
and can be latterly justified by, the rights system, affect consumer welfare
generally?
Market imperfections like the current taxi licensing regime are inherent in
any assignment of property rights and do give rise to, and do, perpetuate
X-inefficiencies (long queues, for example) in the market. In this paper, we
acknowledge that the licensor has ownership rights (a set of well-defined
property rights) and that compensation may be an issue. However, compensation
rules are generally inefficient because of moral hazard problems. Any adjustment
of rights including a removal of the transferability right, and the elimination
of the "saleable market" (the secondary market) for taxi plates have a
well established legal basis, viz Hempenstall and O’Dwyer.
5. Concluding Thoughts
If the market were liberalised in terms of entry, as advocated by the
authors, the secondary market for plates would disappear. The value of existing
licences would only be worth whatever administrative charges plus were
levied by the licensing authorities. From the perspective of consumers, this
must be seen as the second best solution, when coupled with quality and fare
regulation (in the form of maximum fares allowable being displayed prominently
in taxis). From the perspective of recent plate purchasers, complete and
immediate entry deregulation would represent substantial financial losses.
The Oscar Faber Report recommends that there be a 10-year transition period
in which 350 new plates would be issued each year in the interim. This
transition would be followed by complete entry deregulation. In our view this
policy is not time consistent. The recent introduction of 400 new plates
has not had an adverse impact upon the prices the people are willing to pay for
plates. Investors may continue to support the current equilibrium in the belief
that if the market value of plates does not approach the free entry level in the
10 year run up to full deregulation, the authorities will then be forced to
renege on their promise to fully deregulate entry. If the Oscar Faber reasoning
does not support free entry now, it would not support free entry in 7-10 years
time, if the market price of plates has not fallen to free entry levels. In this
manner, phased free entry can be time inconsistent. In comparison, the report of
the Dublin Taxi Forum recommends an annual increase of 200 taxis (all wheelchair
accessible) per annum to 2002 and has no proposals for any increases beyond that
time. This proposal does not fundamentally alter the current situation and does
not envisage complete deregulation as the end point of the process. The impact
on the secondary market for taxi plates would be minimal and this will ensure
that the debate about taxis in Dublin will run, and run well into the next
century.
However, time consistency problems associated with phased deregulation could
be solved if the transferability allowed under the 1978 S.I. is revoked. This
would have the immediate effect of closing down the secondary market in plates
and the investors would not be able to speculate as to whether the authorities
would fulfil their stated intention to fully deregulate in 10 years. This time
consistency problem remains for all phased solutions once the secondary market
remains open for taxi plates. In the run-up to the date of revocation of
transferability, the market value of taxi plates would converge to the present
value of rents that new entrants can hope to make in the transitional period.
Recent entrants can choose to take their profits to sell the plate at the new
market value or to keep the plate and take the protected profits in the period
up to full deregulation.
If the licensing authorities choose to deregulate in a phased fashion or
indeed to just increase numbers of plates in accordance with their view on the
numbers required, it is imperative that they take steps to close down the
secondary market in taxi plates. As argued in the paper, dissipation of
secondary market rents is necessary for efficient entry. The incumbent
rent-seekers will militate against attempts to liberalise the taxi entry regime.
The authors would prefer a swift move to complete entry liberalisation,
but in the absence of such a move, the revocation of the right to transfer the
taxi plate is a necessary and inevitable step for any sustainable long term
market configuration with entry liberalisation. A more efficient entry regime
would, in our opinion, abate the principal-agent problem and allow urban
sharecroppers to reap the benefits of ownership. It would also create an
avenue for people of limited means to enjoy the benefits of an enterprise
culture and the free market, while increasing consumer surplus for taxi users.
COMPETITION AUTHORITY
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