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PostPosted: Thu Jan 08, 2009 12:57 pm 
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Ears1096 wrote:
I've just read the minutes on the council web site. Easy to find. facts wrong again 'stinky'


Have you got a link for these minutes Mr Ears, thank you?

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JD

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PostPosted: Thu Jan 08, 2009 1:17 pm 
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Agenda and MinutesLicensing & Regulatory Committee
Friday, 8th June, 2007 2.00 pm
Attendance Details
Agenda Frontsheet PDF 154 KB
Agenda Reports Pack PDF 210 KB
Printed minutes PDF 31 KB
Venue: Guildhall

Contact: Tracy Wallis Democracy Officer

Items No. Item
1.
Declarations of Interest

At this point, Members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Minutes:

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on the agenda. No Members declared any interests.

2.
Minutes PDF 17 KB

To approve and sign the minutes of the meeting held on 2nd March 2007.

Minutes:

Councillor Watson raised a query regarding the licensing of limousines and Members thought that this was taken in general discussion rather than as urgent business and was therefore not in the minutes. The Democracy Officer agreed to report back to Councillor Watson on this.



RESOLVED: That the minutes of the meeting held on 2nd March 2007 be approved and signed as a correct record.





3.
Public Participation

At this point in the meeting, Members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Committee’s remit can do so. The deadline for registering is 5pm on Thursday 7th June 2007.

Minutes:

It was reported that there had been five registrations to speak on Agenda Item 4 (Taxi Vehicle Standards – Emissions, Livery and Luggage Capacity) under the Council’s Public Participation Scheme.



Mr Usher, a York taxi driver, objected to the proposals for the minimum age of a vehicle. He had recently purchased a top of the range 6 year old BMW which was frequently commented upon by customers as being a very comfortable car. He felt that it was unfair that a top of the range car, that met Euro 3 Emissions Standards, should be outmoded once it reached 8 years old. A four year old car would be more expensive and therefore mean that a lower model or standard of vehicle would have to be purchased.



Mr Rowley, the secretary of the York Taxi Association agreed the image of the Hackney Carriage Trade in York would benefit from some fine tuning but he thought that the changes proposed in the report were unreasonable. He felt that a fairer system regarding the age of Hackney Carriages would be on at 5 years and off at 9 years. He told the Committee that there was evidence that dark coloured cars were involved in more accidents and suggested that white or silver would be a better colour for a standard livery if one were to be adopted. The loss of advertising would affect the livelihood of many drivers and he pointed out that the business of the Hackney Carriage Trade was already in decline but Private Hire trade was on the increase.



Mr Robertson, Vice-Chair of the York Taxi Association, said that whilst wanting to improve the standards of Hackney Carriages generally he felt that younger vehicles had a higher depreciation and dark coloured cars needed more cleaning. He felt that it was unfair to ask one sector of the trade to take all the proposals on board. He also felt that the trade was acting responsibly and trying to improve standards by funding a marshalled taxi rank at the racecourse on race days.



Mr Bulmer, a local taxi driver said that they all had strong views on emissions. He thought that the least safe colours for cars were brown, black and green and he felt that Hackney Carriages were already clearly marked. He suggested that there should be a Government grant to help finance any changes that were implemented.



Mr Taylor, a York taxi driver, said that he had purchased a purpose built vehicle for wheelchairs that was very costly. He felt that there would be no need to get rid of this after 8 years and he would lose out financially if he had to replace the vehicle this early.



Councillor Taylor made representations on behalf of the Green Party and said that the report missed the mark. He said that taking cars off the road due to their age was environmentally inefficient and not a sustainable way of achieving the best results. The report suggested an arbitrary age for vehicles to cease being taxis and the Council should be looking towards rejecting petrol and diesel and looking towards alternative fuels. New technologies were coming out all of the time and these needed to be explored. The Council must work with the taxi companies and drivers and set a reasonable time limit to work to. He believed the colour of the taxi was irrelevant.

4.
Taxi Vehicle Standards – Emissions, Livery, and Luggage Capacity PDF 58 KB

This report asks members to amend the standard conditions relating to hackney carriage vehicles (taxis) in relation to emission controls, standard livery, and minimum luggage space.

Minutes:

The Head of Licensing & Bereavement Services circulated additional information to Members regarding timescales for implementation of the proposals, Taxi licensing conditions for in other Local Authorities, the results of a questionnaire that was handed out during Hackney Vehicle Licensing and research on the availability of different colours of car.



The Officer explained that the timetable for delivery of the proposals was as follows:



Emission and Age Standards
Livery




As of 1st June 2008 all vehicles when presented for re-licensing must meet at least Euro II standards
From 1st September 2008 all vehicles when presented for licensing for the first time shall be in livery colours and will be supplied with the official coat of arms decal

As of 1st June 2009 all vehicles when presented for re-licensing must meet at least Euro III Standards
As of 1st June 2009 all vehicles when presented for re-licensing shall be in livery colours and will be supplied with the official coat of arms decal

No car will be first licensed unless it meets Euro III standards or better after 1st June 2008


After 1st June 1009 no car will be first licensed if it is over 4 years old


After 1st June 2009 no car will be re-licensed after it has reached 8 years old





Members discussed a variety of issues including:



· the cost of a full re-spray for a vehicle

· advertising on the exterior of taxis; it was noted that this was with the approval of the Licensing Authority as to the content

· various colours for the proposed livery including black, white and silver; it was noted that black was a block colour

· having a standard livery would make it easier for the public, particularly overseas visitors, to readily identify licensed vehicles and would clearly differentiate between Private Hire vehicles and Hackney Carriages

· the policies regarding Taxi licensing conditions at other Local Authorities contained in the additional information

· the statistics regarding the availability of different colours of vehicle contained in the additional information

· The aspiration of the City of York Council to make all Taxis Euro III compliant by 1st June 2009



RESOLVED:

· That the introduction of a vehicle emissions policy as set out in paragraphs 14, 15 and 16 of the report be adopted.

· That a single livery for all licensed taxis as set out in paragraphs 21 and 22 be adopted and the colour of the vehicles be black

· That the agreement, in principal, to the introduction of a minimum luggage space be deferred to a later meeting



REASON: These proposals are in line with other strategies of the Council and the timetable for the introduction is reasonable given the usual turn over of licensed vehicles within the taxi trade.


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PostPosted: Thu Jan 08, 2009 1:30 pm 
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2 ltrs gloss black, some thinners and a spray gun....

sorted.

tekaloid goes over anything im told

http://www.stephen.hull.btinternet.co.uk/tekaloid.html


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PostPosted: Thu Jan 08, 2009 6:31 pm 
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Another f*ckwitted council. :roll:

Do they seriously believe a few taxis with improved emissions is going to make any impact on China's carbon footprint?

And what has the colour of a vehicle got to do with standards?

And in terms of the colour policy......even if there has to be one (presuming the Good People of York have suddenly turned into morons who cant recognise taxis anymore)......why isnt the policy 'upon replacement' ?

Morons, absolute morons.

CC

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PostPosted: Sat Jan 10, 2009 2:43 pm 
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Does the gentleman appealing this condition not seek advice?

Does he realise that the decision of a council is very difficult to unlodge and that he will have to prove that the condition is essentially unreasonable or that the decision making process was flawed. I hope this chap has the gift of the gab because without it exposing a serious procedural flaw he is going to have a hard time.

I don't know why he doesn't pay TDO a visit.

Regards

JD

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PostPosted: Sat Jan 10, 2009 3:18 pm 
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JD did once post a rather excellent on an article concerning taxi law the title was; Taxi Law: Some Contemporary Problems.

In respect of conditions the following was stated;

The local authority may impose conditions: Local Government (Miscellaneous Provisions) Act 1976, s.47 and 2000 SI 412, art.4 (see R. v. Hyde [1912] 1 KB 645), but those conditions must be reasonable and fair and just, otherwise they could be struck down by the courts.The conditions may be few and general, or many and specific. They may relate to such things as the colour of the vehicles, advertisements on the vehicles, radio equipment, attendance at training courses. Conditions must not go further than the proper regulation of the taxi trade in the public interest.

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PostPosted: Sat Jan 10, 2009 3:31 pm 
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captain cab wrote:
JD did once post a rather excellent on an article concerning taxi law the title was; Taxi Law: Some Contemporary Problems.

In respect of conditions the following was stated;

The local authority may impose conditions: Local Government (Miscellaneous Provisions) Act 1976, s.47 and 2000 SI 412, art.4 (see R. v. Hyde [1912] 1 KB 645), but those conditions must be reasonable and fair and just, otherwise they could be struck down by the courts.The conditions may be few and general, or many and specific. They may relate to such things as the colour of the vehicles, advertisements on the vehicles, radio equipment, attendance at training courses. Conditions must not go further than the proper regulation of the taxi trade in the public interest.


Well that's what he's up against and if he doesn't research his reasons for appeaal then the council solicitor will probably eat him for breackfast.

But I sincerely hope he surprises us all.

Regards

JD

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PostPosted: Sat Jan 10, 2009 3:50 pm 
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Providing the consultation process has been followed as JD says he's up against it.

There may be a slight hope in respect of the time period allowed; could such a short period be seen as reasonable?

Would a policy of 'upon replacement' have been more sensible? Possibly, but surely this was part of the consultation period?

Obviously, if the council have an 'ulterior motive' and this can be proved, then we have a new ball game.

CC

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PostPosted: Sat Jan 10, 2009 4:28 pm 
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Background reports June 07 meeting

The report mentions the local transport plan (LTP), has the trade in York had any input at all into the plan?

CC

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PostPosted: Sat Jan 10, 2009 6:04 pm 
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Given that this decision was made some time ago, it would be interesting to know howmany vehicles are already black. Could that not be a factor the court may take into account. Say more than 50% have alraedy changed would the court not think it right to carry it on?


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PostPosted: Sat Jan 10, 2009 6:20 pm 
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Ears1096 wrote:
Given that this decision was made some time ago, it would be interesting to know howmany vehicles are already black. Could that not be a factor the court may take into account. Say more than 50% have alraedy changed would the court not think it right to carry it on?


I wouldnt say that 18 months was some time.....especially if I'd just bought a cab 2 years ago and it was on a 5 year finance agreement?

What surprises me is that it has been left so long.

CC

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PostPosted: Sat Jan 10, 2009 8:44 pm 
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captain cab wrote:
Ears1096 wrote:
Given that this decision was made some time ago, it would be interesting to know howmany vehicles are already black. Could that not be a factor the court may take into account. Say more than 50% have alraedy changed would the court not think it right to carry it on?


I wouldnt say that 18 months was some time.....especially if I'd just bought a cab 2 years ago and it was on a 5 year finance agreement?

What surprises me is that it has been left so long.

CC


Browne took the case to magistrates months ago, he was fobbed off by the court clerk a few times, saying that he couldn't challenge the condition as it had not been brought in as yet by the Council, ie. it was then not written into conditions at the time of him first going to court

Euro 4 emissions aint going to make any difference to air quality, a few hours chugging round town your back to failing the emissions test


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PostPosted: Sat Jan 10, 2009 10:39 pm 
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Stinky Pete wrote:

Browne took the case to magistrates months ago, he was fobbed off by the court clerk a few times, saying that he couldn't challenge the condition as it had not been brought in as yet by the Council, ie. it was then not written into conditions at the time of him first going to court

Euro 4 emissions aint going to make any difference to air quality, a few hours chugging round town your back to failing the emissions test


Why not use the time to put the issue back on the agenda with the LA?

At what point was the condition attached?

CC

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