Agenda item

Hackney Carriage and Private Hire Licensing Handbook Review

To consider a report by the Director for Communities, copy attached as item 5

Minutes:

Before the Committee was a report by the Director for Communities, copies of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 5.

 

The Licensing Officer introduced the matter to the Committee and set out the background to compilation of the report. The Committee went through the handbook in detail, studied representations made and were given advice from officers on various aspects.

 

Members discussed representations regarding the compulsory use of CCTV in vehicles, particularly the need to balance public safety against the right to privacy. Members agreed to amend the current entry so that those drivers who wanted to could install an on/off switch in the boot of their vehicles so that the CCTV could be switched off when they were not working. Members agreed that failure to turn the CCTV on when a driver worked could result in a serious sanction. Members also considered the safety of CCTV installation and agreed that safety issues concerning the installation of CCTV be delegated to Officers in consultation with the Chairman.

 

Members discussed a representation regarding a request to remove the knowledge test for drivers of executive vehicles. It was decided not to make any changes in this respect as the test was not onerous and was considered as a necessary requirement of the role.

 

The Committee agreed with the suggestion that compulsory disability awareness and CSE training should be taken on a three yearly basis with disability handling included although a caveat was added that the training should be at no cost or at a minimal cost to the driver.

 

The Committee considered representations from groups asking that rear loading wheelchair accessible vehicles be allowed as Hackney Carriage Vehicles as well as Private Hire Vehicles. Members were told by Officers that work was due to commence with WSCC on redesigning the ranks which could lead to wheelchairs being able to access rear loading vehicles in a safer manner. In light of representations and evidence about the changing of ranks the committee agreed to amend the handbook to allow rear loading wheelchair accessible vehicles to be licenced as Hackney Carriages.

 

The Committee took regard of  a representation that requested the ability to use silver vehicles for Private Hire. Members agreed to make this amendment as they felt that the condition was an unfair limit on the options of vehicle a driver might purchase.

 

Members considered representations regarding the tint of windows. Officers told Members that an instrument to measure the tint of windows had been purchased following representations by the trade. There was a process for drivers to seek dispensation from set tint levels. Members accepted representations from the Police and Local Licensing Authority that a tint level should be set in the interests of public safety. Members agreed the new levels as suggested by officers and agreed that they would be applied to newly licenced vehicles, new rules would not apply to currently licenced vehicles.

 

Members considered the possible use of PDAs in place of taximeters and it was agreed that the use of PDAs as well as taximeters could be accepted if registered with the Council.

 

Members discussed the use of roof lights and door signs in Private hire Vehicles and agreed that no change be made to the current handbook as both measures assisted the public in identifying vehicles.

 

Members agreed that the penalty points applied to a Hackney Carriage vehicle for refusing to accept guide dogs would be extended to Private Hire Vehicles and that further amendment be made to the Penalty Points Scheme in relation to CCTV. Five points would be incurred for those drivers working without the CCTV switched on and a further five points for a second offense at which point the driver would be referred to the Committee

 

 Resolved: that the handbook be agreed and amended as below

 

1.    If the driver requires; an On / Off switch may be placed in the boot of the vehicle to allow the driver to turn the CCTV Off whilst the vehicle is being used for personal use. If such a system is fitted a warning indicator light must be fitted in the cabin to warn that the system is off

 

2.    The CCTV must be turned On when the vehicle is operating as a licensed Private Hire or Hackney Carriage vehicle. This means during the period the vehicle is being used for the carriage of passengers that are pre-booked or when plying for hire.

 

3.    Failure to operate the On switch whilst the vehicle is operating as a licensed Private Hire or Hackney Carriage vehicle may result in the driver’s licence being suspended or revoked.

 

4.    Safety issues concerning the installation of CCTV be delegated to Officers in consultation with the Chairman of the Committee.

 

5.    Compulsory disability awareness and CSE training should be taken on a three yearly basis with disability handling included, the training should be at no cost or at a minimal cost to the driver.

 

6.    In the case of all Hackney vehicles that are built or adapted for disabled passengers, the design of the vehicle should ensure that any wheelchair is loaded from the side or rear of the vehicle.

 

7.    That the provision relating to the prohibition of silver Private Hire Vehicles be removed.

 

8.    That the use of PDA’s in place of taximeters in Private Hire Vehicles be accepted if approved by the Councils taxi licensing team

 

9.    That the prescribed tint level be added to the handbook and it be applicable to newly registered vehicles

 

10.  The penalty points applied to a Hackney Carriage vehicle for refusing to accept guide dogs would be extended to Private Hire Vehicles

 

11.  That the penalty points scheme be amended to in relation to CCTV. Five points would be incurred for those drivers working without the CCTV switched on and a further five points for a second offense at which point the driver would be referred to the Committee. However, If the first offense is serious the licence should be immediately referred to the Committee for review

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