Taxi Driver Online

Agenda Item No 2

Renfrewshire Council

To: Regulatory Functions Board

On: 8 February 2006

Report by
Director of Corporate Services

Taxi Licensing -Wheelchair Accessibility Policy -Update

1. Summary

1.1 This report outlines the present position with regard to the policy on
wheelchair accessibility as it applies to taxis and seeks a decision on further procedure from the Board in connection with two taxi operators who have failed to comply with the policy.

2. Recommendation

2.1 To note the terms of this report in so far as it provides an update on the present position with regard to the Council's policy.
2.2 To hold suspension hearings in respect of the two operators who have failed to comply with both the policy and their own undertakings.

3. Background

3.1 Members will be aware that as from the beginning of 2004, taxi operators are required, at renewal of their licence, to present for licensing a vehicle which is fully wheelchair accessible. At the renewal of their licence a number of operators have however requested that the Board allow them to operate their existing saloon vehicle until it is 5 years old. These requests have been approved by the Board.
3.2 To date the vast majority of licenceholders who have so far been affected by the policy have complied. There are now 87 wheelchair accessible vehicles out of a fleet of 213. To date therefore the implementation of the policy can be considered to be a success. All taxis should, in terms of the policy, be wheelchair accessible by the end of this year.
3.3 There is however at present a legal challenge to the policy. When Mr Thomas Sneddon applied to renew his licence last year he sought to persuade the Board to depart from its policy and allow him to continue to operate saloon vehicles indefinitely. The Board refused to accede to his request and refused the application for renewal of his licence. He subsequently appealed the Board's decision to the Sheriff Court and the Sheriff Court will consider the appeal in the week beginning 24 April 2006. In August 2005, the Board refused a similar application made by Brian McInally and it is understood that this application may soon be the subject of an appeal.
3.4 Two further operators have failed to comply with the policy. Both applied for renewal of their licence in 2004 and at the time requested that the Board allow them to operate their current vehicle until it was 5 years old before replacing it with one which was wheelchair accessible. Both operators vehicles are now over 5 years old and the operators refuse to have them replaced. It is recommended that suspension hearings be held in respect of these operators. It is known that the operators will request that the Board delays taking any action against them until the result of the legal challenge is known. However, for the policy to continue to be implemented successfully the Council will require to show that it is committed to its rigorous enforcement. Furthermore, and at the very least, the Board will wish to hear personally from the operators as to why they are now reneging on what was an agreement to replace their vehicles by a certain date.


Implication of this Report

1 Financial Implications -Nil.

2. Personnel Implications -Nil.

3 Community Plan Implications

Social inclusion -A fully wheelchair accessible taxi fleet will allow a vulnerable segment of the community identical rights of access to taxis as everyone else.
Modernising government -Nil.
Sustainable development -The continued monitoring and enforcement of the Council's licensing policies will improve the quality of life for the local
community generally.

4 Legal Implications -The Board can consider whether to suspend a licence
in terms of Paragraph 11 of Schedule 1 to the Civic Government (Scotland) Act 1982.

5 Property Implications -Nil.

6 Information Technology Implications -Nil.

7 Equal Opportunity Implications -Nil.

The rights and wrongs of this policy will no-doubt be sorted in the courts, but you have to wonder why some people think nothing of paying up to £50,000 for a plate, but insist on putting it on a £10,000 motor.

Now if we all got rid of the £50,000 plates, then maybe it wouldn't be such a drain on the money we have left to buy vehicles.

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IDFIMH

On that note the front man for the Paisley T.O.A. recently transfered his plate just before it would have been due to require a WAV

Very similar to the utter hypocrisy shown by elements of the Trafford cab trade, who are now applying for taxi plates on the backs of other people's hard work.

Or so I'm told by the council.

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IDFIMH