To consider an application for renewal of a vehicle licence contrary to the licensing conditions.

The Licensing Officer introduced a report about an application from Mr Bairkdar to transfer a licence to a vehicle which did not comply with the Council’s licensing conditions in respect of vehicles which have been converted from vans to mini-buses. He said that condition No20 regarding such vehicles stipulated that

Vehicles offered for approval must be constructed in accordance with M/M1

(b) Every new type of wheelchair accessible vehicle must comply in all respects with the following requirements: -

Motor Vehicle (Type Approval) Regulations 1980

Motor Vehicle (Type Approval) Regulations (Great Britain) 1984

And when in use with the following: -

Road Vehicle (Construction and Use) Regulations 1986 (C&U).

20.2          When offered for approval the vehicle must comply with British and European Vehicle Regulations and by type approved to the requirements of the M or M1 category of European Whole Type Approval 70/156/EEC as amended.  Those vehicles (e.g. van conversions) which have not been ‘type approved’ to M or M1 Categories must be presented with approved certification that the specific vehicle meets the requirements of one of those (i.e. M or M1) categories.   Most registration certificates issued since late 1998 should indicate the approval status of the vehicle.

At the meeting of the Regulatory Committee on 15th July 2008 it was agreed that the Council would only approve wheelchair access vehicles for hackney or private hire if they met the following criteria:-

i.                    the manufacturer must have a vehicle prototype that has passed the ‘VOSA –SVA Single Vehicle Approval Standard Test’, including class D (disabled) and class P (for import),

            or

ii.                   the manufacturer must prove to the Council that its vehicle has relevant safety standards and is able to demonstrate consistent manufacture to that standard.

Mr Bairkdarhad applied to transfer licence P406 from a Citroen car to a Renault Master Van. The vehicle was shown on the registration certificate as being in category N1, meaning that it has been converted from a panel van.  The vehicle was wheelchair accessible but no evidence had been produced to confirm that it had been converted by an approved manufacturer. 

Having considered the circumstances regarding the application, the Committee noted the Councils licence conditions and felt that there were possible ambiguities which could be interpreted in different ways.  The Acting Regulatory Services Manager said that the licensing conditions were currently being reviewed and that amendments could be made to address this.  In the meantime the Committee was of the view that consideration of the application from Mr Bairkdar should be deferred pending him obtaining the necessary certification to comply with the Council’s vehicle licensing conditions.

RESOLVED THAT:

consideration of an application from Mr Bairkdar to transfer a vehicle licence be deferred pending him obtaining the necessary certification to comply with the Council’s vehicle licensing conditions.

EXCLUSION OF THE PUBLIC AND PRESS 

In the opinion of the Proper Officer, the following items will not be, or are likely not to be, open to the public and press at the time they are considered.

RESOLVED:         that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below.