Chris the Fish wrote:
Well I looked (yet again) at the MELTON BOROUGH COUNCIL HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY and I would suggest the following:
The Policy is very badly worded in many areas, especially in Appendix A, Vehicle Specification.
No mention in the policy about "Steps", fixed, electrical, mechanical or stand alone (stool).
The catch all for vehicles is at para 21 of the policy:
21. Modifications
No material alteration or change in the specification, design, condition, or appearance of any licensed vehicle may be made without obtaining approval from the Council.
The Peugeot Expert, Fiat Scudo and Citroen (can't remember the name) variants before conversion do not have steps. It is the coachbuilder or converter who has added them. So could it be argued that removal is returning the vehicle to the original manufacturer's standard?
An appeal to the Council should be made, if it fails, appeal to the Magistrates. The vehicle will have to be licensed by the LA whilst an appeal is pending.
Was the accident that damaged the step reported to the LA within the 72 hours as required in Melton? If it was, why has it taken so long for the LA to take action?
On the other hand, to be honest, a running board could be fitted for much less than £800.00 and a mechanical step is about £350.00 new, less for second hand.
He isn't being brought to book by virtue of paragraph 21 though. he is being brought to book by virtue of paragraph 14 which is Disability access. I don't think the accident was reported within the 72 hour deadline. I don't think it was reported at all.
The option given by the Council as I understand it were, return the vehicle to it original condition that was accepted when he license the vehicle, i.e. Fit an electric step. Re plate the vehicle as a non WAV vehicle or change the vehicle.
As I understand it, if the vehicle did not have the step in the first place, he could still have registered it as a WAV.