Agenda item

Report of the Director of Public Protection, Streetscene and Community (enclosed)

The Director of Public Protection, Streetscene and Community submitted a report for members to consider proposals to revise the existing Hackney Carriage and Private Hire Vehicles Conditions, following consultation with the trade on these conditions.

The Regulatory Services Manager advised that, as agreed by the Licensing Liaison Panel in June, a letter had been sent to all drivers, vehicle proprietors and private hire operators requesting comments. Four written responses were received and one further verbal response. 

Members considered each recommendation in turn. 

It was RESOLVED

(a) to approve the proposed layout of the vehicle conditions, including reasons for conditions.

(b) to note the comments made in the consultation in relation to conditions 5 (livery) and 8 (meters) and to retain the existing provisions.

(c) to note the comments in Paragraphs 18 to 27 and record that these matters had received due consideration by the trade and the Council and the current requirements remain relevant and should be kept unchanged.

Members debated the Council’s pre-inspection process of vehicles and noted that appointments were available on a Tuesday and Thursday.  It would be unusual for all of the allocated slots to be full and officers were flexible in these rare instances.  Vehicles used as a taxi ought to be of the best quality when given a licence.  Service centres would charge for this service and would need to be trained and monitored and there would potentially be issues of consistency and conflict if this service was outsourced. 

Members discussed the risk to the vehicle proprietor if the vehicle did not pass the inspection.  Even if the taxi test has been passed the vehicle could not be licenced and the proprietor would only be entitled to a refund of the application fee, minus an administration fee and also minus any fees paid for the taxi test, which under the current fee structure would effectively be a cost of £93.50. 

It was proposed by the Vice Chair, Councillor Anthony Gee, seconded by Councillor Gordon France and subsequently RESOLVED (d) not to allow an application to proceed before the Council’s vehicle inspection. 

Members considered whether a vehicle that had been subject to an insurance write off, at any level, could be used as a hackney carriage or private hire vehicle.  If a category C or D write off could be used, an additional assessment would be required by officers to ensure that such a vehicle was fully repaired and safe.  This cost would have to be borne by the vehicle proprietor.  In addition, it was likely that the insurance costs would be greater for the vehicle proprietor. 

It was noted that if a private individual purchased a category C or D write off they did this knowingly, yet a passenger getting into a taxi would not know they were travelling in a vehicle that had been written off.  The safety of residents was paramount. 

An additional HPI check would need to be carried out to fill the gap left by the DVLA process change in relation to the removal of the Log book identification of category C and D write offs.

It was proposed by Councillor Margaret France, seconded by Councillor Matt Lynch and subsequently RESOLVED e) condition 2 (insurance) to remain unchanged, with the addition of c) as set out in the report with the addition of, “except those newly registered”.  

Members discussed the type approval and vehicle adaptations and conversions and noted that the vehicles would be subject to the usual checks.  RESOLVED e) to agree the changes as set out in the report at e) in relation to condition 3 (type approval).

Members considered clarifying provisions within several conditions. 

RESOLVED f) to include the clarifying provisions suggested within the report for 9 (Radios and Communication devices), 11 (Engine Compartment), 14 (Dashboard and Steering column) and 15 (Interior trim) and determine whether each of those inclusions should be agreed or dismissed.

It was AGREED that a discussion be held with the Licensing Liaison Panel in relation to the procedure when a taxi had a flat tyre when carrying a passenger and that any manufacturer’s approved kits ought to be used in accordance with the manufacturer’s instructions. 

Members discussed sliding doors and RESOLVED e) condition 16 (Doors) should be altered as set out in the report. 

Members considered several clarifying provisions resulting from changes agreed earlier in the report.  Members discussed comfort, leg room and ease of ingress and egress for passengers.  Things had moved on since the provision was first introduced and so RESOLVED e) in relation to condition 17 (Seats) to accept the replacement and additional condition as set out in the report, With the inclusion of the words “There must be a minimum opening of 400mm to the rear row of seats.” At 17(k). 

Legroom provision across the County was deliberated.  Committee had given consideration to the issues raised when the condition had been introduced. 

It was proposed by Councillor Margaret France, seconded by Councillor Mick Muncaster and subsequently RESOLVED e) condition 18 (Legroom) should remain unchanged.

Members considered new proposed conditions 21 (Emissions Standards) and 22 (Safety rating) and RESOLVED these should be included in the vehicle conditions.  Officers would undertake consultation with the trade on these and report back to a future Committee on timescales for implementation.  

Members agreed that the condition in relation to engine capacity was outdated and RESOLVED h) to the removal of the engine capacity condition (Condition 23).