Meeting documents

The Committee considered suggested revisions to the Hackney Carriage and Private Hire Policy in respect of the licensing and control of Hackney Carriage and Private Hire vehicles, drivers, proprietors and operators.  Any proposed changes would be the subject of consultation with the public, trade and other agencies.

 

Immediate Implementation

 

Proposed for immediate implementation, was a requirement for a ‘licence suspended’ sticker to placed on the rear external plate when the vehicle had failed a vehicle safety inspection.  Since requiring such inspections to be undertaken at four approved garages, the Council had received notification of 5 ‘fails’ - ranging from illegal tyres to worn brakes - and it was considered in the public interest for the stickers to be used.  It was noted that the operator employing the driver was also informed by Council Officers.

 

To prevent the deliberate removal of the stickers, it was moved by Councillor N Stewert, seconded by Councillor D Meacock and agreed that additional wording - delegated to the Head of Health and Housing - be included to the effect that removal of the sticker by anyone other than a representative of the Licensing Authority would constitute a breach of the licence.

 

After requesting that the consultation also include reference to the use of mobile phones within licensed vehicles, it was

 

RESOLVED -

 

1.         That the conditions of Hackney Carriage Vehicle licences, and conditions of Private Hire Vehicle licences be amended to require a licence holder to display a “Licence Suspended” plate on the rear of the vehicle during the permitted seven day period provided by Section 58 of the Local Government (Miscellaneous Provisions) Act 1976, following the service of a Section 68 notice on their vehicle.

 

2.         That an Authorised Officer of the Council be permitted to attach the “Licence Suspended” sign to the vehicle following its suspension; removal of the sign to only be undertaken by an Authorised Officer of the Council.

 

3.         That the conditions of Hackney Carriage Vehicle licences, and conditions of Private Hire Vehicle licences be amended to the effect that removal of the “Licence Suspended” sticker by any person other than an Approved Officer of the Council, would constitute a breach of the licence; authority delegated to the Head of Health and Housing to determine the appropriate wording.

 

4.         That the appropriate use of mobile phones in licensed vehicles be included in the consultation.

 

Vehicles

 

The Committee considered the option to amend the conditions to require Hackney Carriages to have roof signs 18 inches wide, with only the word ‘Taxi’ on the front and back.  After noting that this would provide consistency and enable the public to clearly identify an approaching Hackney Carriage, it was

 

RESOLVED -

 

5.         That for consultation purposes, the existing conditions be amended to require roof signs for a Hackney Carriage to be a minimum of 18 inches wide and that only the word ‘TAXI’ on the front and rear of the roof sign may be displayed (this excluded purpose built Hackney Carriages with inbuilt roof signs).

 

 

The Committee considered the option to amend the conditions to require that vehicles should be no older than 4 years at initial application and no older than 10 years on subsequent renewal.  It was also proposed that no application to change an existing licensed vehicle would be granted where the proposed vehicle was older than the vehicle being replaced.

 

A Member suggested that the requirements could be amended to: no older than 3 years at initial application and no older than 8 years on subsequent renewal.  However, it was acknowledged that taxi drivers were low earners, and in the current financial climate many would find compliance difficult.  There were also concerns regarding whether insurance payouts would cover the cost of an appropriate replacement vehicle if a driver had their vehicle written off through no fault of their own.  On balance, the Committee endorsed the recommendation for 4 and 10 years.  However, the need for historic vehicles to be exempt from these requirements was noted.

 

After noting that this would help provide a modern fleet compliant with European Standards on safety and emissions, and suggesting that emission checks also form part of the consultation, it was

 

RESOLVED -

 

6.         That for consultation purposes, the conditions be amended to require that licensed vehicles should be

a) no older than 4 years at initial application; and,

b) no older than 10 years on subsequent renewal.

 

7.         That for consultation purposes, the Policy be amended to permit refusal to grant a change of vehicle, where the proposed vehicle is older than the existing vehicle.

 

 

The Committee considered the option to amend the Private Hire policy to provide a framework detailing the requirements for an executive plate to be issued.  The report detailed the information that would need to be provided.  The Licensing Officer advised that the intention was to tighten the rules governing the issue of executive plates to prevent abuse.

 

Members were not supportive of the additional administrative burden that the framework would place on all concerned.  Instead it was suggested that the existing £63 fee for executive plates could be increased to dissuade abuse.  Members were also of the opinion that the issue of executive plates could be restricted to particular prestige vehicles.  It was acknowledged that this would likely require specific models of vehicle to be named.

 

RESOLVED -

 

8.         That the consultation include consideration of:

a)         a fee increase for Executive Plates; and,

b)        restricting the issue of Executive Plates to specific types of prestige vehicles.

 

 

The Committee considered the option to amend the policy to introduce a ‘Non-Standard’ Private Hire Vehicle category for, for example, stretched limousines.

 

It was noted that any use of a vehicle for a purpose other than its intended use generally moved it outside of the manufacturer’s original specification.  As such, there were significant public safety issues to be addressed when licensing such vehicles.  However, it was acknowledged that the Department of Transport’s Best Practice Guidance suggested licensing such vehicles, in order to bring the vehicle, operators and drivers within the licensing provisions and enable controls.

 

Members noted that there would be issues around the frequency of testing, and the types of vehicle that would qualify as “Non-Standard”.  After noting that further detail would be provided following the consultation, it was agreed that the principle be explored.

 

RESOLVED -

 

9.         That for consultation purposes, the Policy be amended to introduce a “Non- Standard” Private Hire Vehicle category.

 

 

Drivers

 

The Committee considered the introduction of a three-year badge for Private Hire and Hackney Carriage drivers at the request of the trade.

 

At present, the Council’s policy was to licence both vehicles and drivers for a maximum period of one year.  Although legislation required vehicles to be licensed every year, driver’s badges could be issued for up to a maximum of three years.

 

Members were advised that this proposed change would not impact on medicals for drivers.  It was suggested that the approach taken at neighbouring authorities, particularly South Bucks District Council, could be explored.

 

It was noted that Best Practice Guidance suggested that where an authority issued three-year licences, it should also consider continuing to offer annual licences.  As such, Members expressed concern that the introduction of three-year badges would create two separate renewal procedures.  Members also acknowledged that the Council had just moved away from a fixed annual renewal period to a rolling renewal of licences.

 

Following a vote, it was determined that the proposal would not be consulted on at this time.  However, Members agreed that the idea be considered again at a more appropriate time.

 

RESOLVED -

 

10.       That the introduction of a three-year licence for Private Hire and Hackney Carriage Driver’s Badges be considered again in 12 months time.

 

 

The Committee considered the option to require all applicants registered in the UK for less than 5 years to submit a certificate of good faith from their national embassy.

 

Members expressed concern that a certificate from a national embassy would provide little value.  However it was noted that this was recommended best practice by the Department of Transport.

 

The Committee agreed to consult on the requirement but agreed it should be for a ‘police report from their country of origin’ rather than a ‘certificate of good faith from their national embassy’.

 

RESOLVED -

 

11.       That for consultation purposes, the licensing policy be amended to require all new applicants registered in the UK for less than 5 years to submit a Police Report from their country of origin as part of their application for a driver or operator licence.

 

 

The Taxi Licensing Policy currently required a medical certificate with any application for a Hackney Carriage or Private Hire driver’s badge.  The Committee considered a request from the trade to remove this condition to allow drivers holding a current licence to apply for a Private Hire or Hackney Carriage driver’s licence without the expense of an additional medical.

 

It was noted that the impact of this would be that the Council would be relying on an old medical examination when issuing an alternative licence or on the honesty of the individual to self declare - following a medical examination - a change in their medical status.

 

The Committee considered alternative approaches, including commissioning a medical advisor to issue all medical examinations for a standard fee.  However, it was suggested that this could have significant implications if a Council appointed medical advisor approved a driver who subsequently had an accident due to health reasons.

 

The need for medicals at all was questioned by one Member, since it was unlikely that a medical could discern if a driver would pass away whilst driving.  However, it was noted that it was considered best practice for drivers to undergo medicals.

 

It was noted that the concern of the trade related to the cost of the medicals.  The Committee agreed to consult on the requirement for only one medical certificate to be provided when an applicant applied for more than one licence.

 

RESOLVED -

 

12.       That the consultation include consideration of the requirement for drivers to provide only one medical certificate when applying for more than one licence.

 

 

The Committee considered the introduction of a Disability Awareness Test to address an increase in receipt of complaints relating to the treatment of persons with various mental and physical disabilities.

 

It was agreed that Disability Awareness ‘Training’ rather than a ‘Test’ would be more appropriate for new and existing applicants.  After agreeing that members of the Licensing and Regulation Committee should also attend the training, it was

 

RESOLVED -

 

13.       That for consultation purposes, the policy be amended to introduce Disability Awareness Training.

 

 

 

 

 

 

 

 

 

The Committee considered the introduction of a “points system” that could be applied to existing licence holders for breaches of conditions.

 

The Committee noted that this would enable a gradual application of standards and avoid the risk of appeal if a suspension was determined for minor infringements.  It was considered that a points system would provide a greater degree of control than a verbal or written warning could do.  The Committee were very supportive of the proposal and encouraged drivers to respond to the consultation.  It was noted that further detail on the scheme would follow the consultation as appropriate.

 

It was also agreed that the policy be reviewed to address how multiple offences might be applied to new applicants.  Members also considered that there was a need to review the guidelines for existing drivers to help Members make decisions when dealing with the immediate nature of Section 51 suspensions.

 

RESOLVED -

 

14.       That for consultation purposes, a penalty points system be introduced to the Enforcement Policy.

 

15.       That the consultation include consideration of:

a)         how multiple offences might be applied to new applicants; and,

b)        revised guidelines for existing drivers in relation to the immediate nature of Section 51 suspensions.

 

 

The Committee agreed that in all cases, consultees be encouraged to provide alternate ideas / suggestions.

 

 

Note: Councillors D G Meacock, S A Patel, and N L Brown entered the meeting at 6.27pm, 6.31pm and 6.34pm respectively.