any help that any one can give it 2.3 of the report that i am trying to deal with for months now.
MEETING:
LICENSING AND SAFETY PANEL
DATE:
2 FEBRUARY 2006
SUBJECT:
HACKNEY CARRIAGE LICENCE CONDITIONS
REPORT FROM:
BOROUGH ENVIRONMENTAL SERVICES OFFICER
CONTACT OFFICER:
W A JOHNSON
TYPE OF DECISION:
Council
REPORT STATUS: For publication
PURPOSE/SUMMARY: To seek Member approval for changes to policies and conditions relevant to hackney carriage licences
OPTIONS AND RECOMMENDED OPTION (with reasons):
The Constitution requires Licensing and Safety Panel to determine the terms, conditions and restrictions to be attached to any licence which falls to the Panel. Members may approve, amend or reject the proposed changes to policies and conditions relating to hackney carriages.
IMPLICATIONS -
Financial Implications and
Risk Considerations There are no specific issues from the report other than potential costs/ risks associated with legal appeals
Corporate Aims/Policy Framework:
Do the proposals accord with the Policy Framework? Yes X No □
Are there any legal implications? Yes Under legislation the Council is able to apply conditions to licences. This report is in accordance with the appropriate legislation.
Considered by Monitoring Officer: Yes
Statement by Director of Finance
and E-Government: The cost of the licensing function is funded through the fees and charges levied by the Council. There may be additional costs if appeals are lodged with the Courts
Staffing/ICT/Property:
There are no implications arising from this report
Wards Affected:
All equally
Scrutiny Interest:
Environment and Transport
TRACKING/PROCESS DIRECTOR:
Chief Executive/
Management Board Executive Member/
Chair Ward Members Partners
Scrutiny Panel
Executive
Committee
Council
15/12/05
1.0 BACKGROUND
1.1 In July 2005 the local Hackney Carriage Association presented a petition to the Council. The petition requested consideration of a number of matters causing the Association concern. The petition coincided with Authority concerns on the general condition of some of the vehicles currently licensed.
1.2 As a number of the concerns raised by the Association could be addressed through a review of the licensing conditions a number of trade consultation meetings have been held.
1.3 The relevant legislation allows conditions to be attached to licences issued by the Council. Conditions attached to a licence should be reasonable and relate to safety and quality. It has to be emphasised that they should not be used to restrict quantity.
1.4 This report contains proposals arising from the consultation.
1.5 Whilst some of the suggestions may impact on the private hire trade this report only contains proposals for the public hire trade.
2.0 ISSUES
2.1 Age Policy - The current policy was introduced in March 2000. It states that vehicles over 10 years old will not be licensed. Vehicles already licensed prior to 10 years continue to be licensed if they are deemed to be in “exceptional condition” when tested. To date no vehicles have satisfied the criteria to be regarded as “exceptional condition”. There is no lower limit for vehicles entering the fleet so we have an ageing vehicle profile.
80% of the fleet is over 5 years old, over 50% is over 8 years old - only 8% is less than 3 years old.
2.2 With a view to improving the age profile of the fleet to benefit customer safety and comfort, vehicle quality and to embrace newer vehicle technology it is suggested that the existing 10 year rule be supported by the introduction of a new requirement that all new vehicles entering the fleet be 3 years or younger when first licensed.
2.3 Vehicles up to 10 years, or any alternative age Members consider reasonable vehicles would be subject to 2 tests per year.
Over 10-years vehicles the criteria would change. Vehicles would be subject to 3 tests per year. When presented for testing the vehicle must pass its initial test including general appearance criteria with no more than 5 faults (excluding light bulbs) otherwise it will not be licensed. If it subsequently fails either of the 2 interim tests with more than 5 faults (excluding bulbs), subject to satisfactory repairs and retest it will be allowed to continue until the expiry of the licence but a further renewal will not be allowed.
The Hackney Association has indicated that a lowering of the 10-year rule would cause hardship to their members.
2.4 An alternative view offered by the National Public and Private Hire Association is that an age policy does not necessarily improve vehicle safety or importantly target the individuals who fail to maintain vehicles. They suggest the targeting of persistent test failure by written warnings and appearance before Members where the owners are exposed to risk of suspension or revocation.
It would no doubt be possible to combine both options.
2.5 If Members agree to change the age policy as detailed above it is suggested that the existing licence holders (licences granted prior to the start of the consultation in August) be allowed a period of transition as follows. On the first change of vehicle they will be permitted to licence a vehicle no more than 6 years. At subsequent changes only vehicles of not more than 3 years will be licensed. This transitional relief will only be available once in respect of any licence. Holders of new licences (those granted after the start of the consultation) have been informed in writing that when introduced the new provisions will apply straight away. So on first change of vehicle the replacement will have to be no more than 3 years of age.
2.6 Vehicle Inspection – The current policy was introduced in March 2000. Vehicles up to 6 years are subject to 2 inspections per year for vehicles over 6 years that is increased to 3 inspections per year.
2.7 It is envisaged that a changed age policy will result in a higher % of newer vehicles in the fleet. If owners are investing more in their vehicles it is hoped that they will invest more in routine maintenance. It is suggested that all vehicles be subject to 2 tests per year. Any vehicle at 10 years presenting as “exceptional condition” would be subject to on going 3 tests per year.
2.8 Current Dept. for Transport consultation on taxi best practice suggests only one annual test for newer vehicles and twice yearly testing for vehicles over 5 years.
2.9 Calendar Meters – Hackney carriages must have a meter fitted. Most of the meters currently used in the fleet require driver intervention to move to and from different tariffs. There can be mistakes and abuse and the service does receive complaints of alleged over charging. Electronic calendar meters are available. Such meters require little driver intervention. Once set an electronic “chip” makes all necessary alterations to the various tariffs used through the day and holiday periods.
2.10 If Members agree to the introduction of calendar meters it is envisaged that the change would be effected through gradual introduction as new vehicles are licensed and when any existing vehicles are transferred rather than a forced wholesale change.
3.0 OTHER ISSUES ARISING FROM THE PETITION
3.1 At certain times there is clearly a congestion problem within Bury town centre with a likely associated effect on air quality. Many drivers appear to want to make their living from the Kay Garden rank. Hackney carriages plying for hire in areas outside Bury town centre are a rare site. The drivers argue there is no business in other areas.
We continue to try to find addition sites for ranks throughout the Borough.
3.2 Testing Station – All vehicles are tested at the Authority’s Bradley Fold garage. We are currently reviewing service provision with the garage but no major changes are envisaged.
3.3 Parking Attendants – drivers feel victimised by parking attendants particularly when they are booked for being illegally parked whilst waiting to enter a rank. There is an anomaly in that the attendants cannot book private vehicles parked on a taxi rank. That position is being reviewed.
4.0 GENERAL MATTERS
4.1 Licences are regarded as possessions within the terms of the Human Rights Act so actions taken which affect such possessions must be reasonable and proportionate.
4.2 Driver training, especially in relation to disability awareness and advanced motoring skills will be the subject of further consultation and a separate report.
4.3 The testing garage has raised concerns in relation to some of the modified vehicles now being brought forward for licensing. It is suggested the testing regime at appendix A be applied to such vehicles when they are initially presented for testing
5.0 CONSULTATIONS
5.1 On-going with the Hackney Carriage Association, other local providers of hackney carriages and the National Public and Private Hire Association.
6.0 CONCLUSION
6.1 The hackney carriage trade is an important part of the public transport system especially in supporting the evening/ night time economy and as such should be supported where possible to develop in to a safe and reliable service.
6.2 Members are requested to consider and approve, amend or reject the following proposed changes to hackney carriage licence conditions
a) all vehicles entering the fleet to be 3 years or younger when first licensed, subject to the transitional provisions contained in the report.
b) at the discretion of the Licensing Officers require that persistent test failures are referred to the Licensing and Safety Panel
c) at 10 years vehicles failing on more than 5 faults no longer to be licensed subject to the qualification at para 3.2
d) the current testing regime be adjusted so vehicles from new to 10 years be tested twice per year, those over 10 years 3 times per year
e) calendar meters to be fitted as new vehicles enter the hackney fleet or and where existing vehicles are transferred
f) the new testing regime for modified vehicles be applied as vehicles new to the fleet are presented for testing
List of Background Papers:-
Hackney Association Petition
Dept. for Transport Taxi and Private Hire consultation on best practice
Appendix A Modified vehicle testing regime
Contact Details:-
W A Johnson, Head of Commercial & Licensing, Textile Hall, Manchester Road, Bury
Tel. 0161 253 5514
APPENDIX A
1. Rear compartment entrance/exit doors must be of a suitable size to allow access for a wheelchair.
2. All vehicles must contain an adequate floor turning area inside the rear passenger compartment to allow a wheelchair room to manoeuvre and face rearwards.
3. All vehicles must be capable of adequately securing a wheelchair to the vehicle floor using a suitable type of clamp or restraint.
4. Appropriate wheelchair restraint(s) must accompany each vehicle presented for test and a competent level of aptitude demonstrated by the presenter in regard to the operation of each restraint.
5. Wheelchair ramps must be capable of being securely fixed to the vehicle during use. They also must be of a type and length allowing safe and easy use by the person loading the wheelchair.
6. Wheelchair ramps must be safely and securely stored in a suitable area of the vehicle when not in use.
7. Seat belts must be fitted to restrain wheelchair occupants. Note: A single seatbelt must not be used to restrain both the wheelchair and occupant.
8. All retro-fitted seatbelts must meet MOT installation and condition standards.
9. The passenger interior floor area must be of a flat, non slip, non trip surface. Note: Where wheelchair tracking is fitted the authority recommends the fitting of blanking strips.
10. Rear passenger compartments must be heated. Such heaters must be linked accordingly to the main vehicle heating system and be capable of variable control. All exposed piping and wiring must be secure and adequately insulated. Water leaks are unacceptable.
11. No interior surface within the passenger compartment to contain sharp edges likely to cause injury.
12. All interior trim to match and be fitted to a professional standard. Evidence of obvious work or modification should not be on view.
13. All modified seats fitted must be of a matching type. Note: At the time of first test, seats must not be fitted with covers
14. All vehicles must be fitted with safety glass containing an approved marking to this effect. Any partition fitted with safety glazing (plastic) must be of a suitable material (e.g. shatter proof).
15. Rear compartment entrance/exit areas must be adequately illuminated at floor and/or higher levels. Such lighting must operate automatically when each rear passenger door opens.
16. All passenger doors must be capable of being restrained in the open position.
17. Each rear passenger door aperture must contain at least one grab handle to assist passengers while entering /exiting the vehicle. Each handle(s) must be securely fixed using a substantial mounting(s) such as machine screws that are capable of holding a reasonable force.
18. Each rear passenger compartment must contain at least two opening windows, that can be opened from the interior.
19. The authority recommends that all rear facing seats are fitted with some form of head restraint/cushion to reduce injury in the event of a collision.
20. The maximum height from the road surface to the passenger floor should be no more than 420mm at any point. Vehicles exceeding this figure must have some form of step incorporated into the bodywork. (This may be of a retracting or folding type).
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just realised my mistake got my glasses on now