|
The Local Government (Miscellaneous Provisions) Act 1976
Section 47(2) allows the local authority to impose conditions specifically in relation to the design or appearance of Hackney Carriages which they licence and this has been subject to a number of Court Cases.
R v Wirral Metropolitan Borough Council, ex p the Wirral Licensed Hackney Carriage Owners Association 1983
Notwithstanding subsequent cases, possibly the most important is the case of R v Wirral Metropolitan Borough Council, ex p the Wirral Licensed Hackney Carriage Owners Association as it forms the basis of the later decisions. Wirral Metropolitan Borough Council resolved that from a certain date, all hackney carriages licensed by the Council would have to be of a purpose-built type.
Originally, the resolution specifically stated ‘FX4’, but it was suggested, and accepted, that this might conflict with art 30 of the Treaty of Rome. The resolution was amended to become a specification, rather than a specific make or model of vehicle. One of the reasons for this policy was that it was important for the public to be able to distinguish between hackney carriages and private hire vehicles. Another reason concerned the general suitability of that type of vehicle for hackney carriage work. The Wirral Licensed Taxi Drivers Association challenged the decision. In dismissing the application, Glidewell J said:
“What are the Council’s functions under this legislation in relation to the licensing of taxi cabs? As I see it they are to achieve, so far as they can, the safety, convenience and comfort of passengers in hackney carriages, the safety of other road users and to ensure that there is some way in which those who wish to use either hackney carriages or private hire vehicles can readily distinguish the one type of vehicle from another. That the last is a proper object is to my mind made clear by section 47(2) of the 1976 Act. I conclude, on the material before me, that the Council’s primary purpose was, indeed .to introduce a requirement which served to distinguish hackney carriage vehicles from private hire vehicles. But I cannot find that it was the sole purpose, nor can I find that in arriving at its decision, the Council did not take into account other factors. Putting it the other way round, I am satisfied on the material before me that the Council did take into account other factors: safety and convenience. It was not only entitled to do so, but was obliged to do so and it did so”.
R v Lincoln City Council, ex p King and Cook, R v Luton Borough Council, ex p Mirza 1995
This has been followed in the joined Court of Appeal cases of R v Lincoln City King and Cook, R v Luton Borough Council, ex p Mirza
Both were appeals against unsuccessful applications for judicial review which determined that requirements for wheelchair accessibility were not necessarily unreasonable or in conflict with EU law
Other cases followed the logic of the judgements given above and remove any doubt that may have lingered that an “all purpose built” hackney carriage policy is lawful.
The adoption by local authorities of such a policy of only granting hackney carriage proprietor’s licences to London-style cabs has become increasingly popular in urban areas and is often referred to as a ‘mandatory order’. This has no legal meaning, but is generally accepted to refer to a situation where an all-London-style cab policy is in force.
As was outlined in the Wirral case, such policies must be worded extremely carefully to avoid any change of anti-competitive behaviour under European Law. The Court of Appeal reinforced this by approving the policies of both Lincoln City Council and Luton Borough Council and reinforcing the fact that such policies did not infringe art 30 of the Treaty of Rome. Policies that refer to specific makes of vehicle are unlikely to succeed should such a challenge be mounted. The most successful way of wording the policy is by measurement of internal and external features, door openings, turning circle etc.
The specification adopted by the Public Carriage Office (PCO) in London appears to satisfy the most stringent criteria available, but does not allow Eurotaxis to be used as hackney carriages. Accordingly, if a local authority wished to allow MPVs and Eurotaxis to be licensed, some variation to the PCO specification would be required.
Such a policy must now be viewed in the light of the Taxi and Private Hire Vehicle Licensing:
Best Practice Guidance issued by the DfT in October 2006. Although not statutory guidance to which local authorities are duty bound to have regard to, it must be recognised as being a relevant consideration in Wednesbury terms which must be taken into account when considering matters it covers. One such area is the kind of vehicle that the local authority will licence as a hackney carriage.
_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin
|
Login
Register
FAQ
