FW: Wheelchair access taxis

Thank you for your e-mail to Donald, who has asked that I respond - I have provided a response to your questions in the same order in which you raised them.

1. The current European Commission Whole Vehicle Type Approval (ECWVTA) scheme requires that M1 vehicles obtain approval to more than 50 separate technical directives covering issues from sound levels to brakes and impact protection. The current National Low Volume Type Approval scheme allows a manufacturer to register up to 500 of a particular type, and offers a number of relaxations from ECWVTA. Neither of these schemes make any specific assessment of the wheelchair space or of the wheelchair tie downs or the wheelchair user occupant restraint system.

2. There is a legal requirement that a vehicle must be approved before it is registered for use on a UK road, and the DfT operates a number of schemes, all of which adequately demonstrate that a vehicle is safe to use. Currently, these schemes are ECWVTA, National Type Approval or Single Vehicle Approval. However, it is only the Single Vehicle Approval Scheme that makes any assessment of the safety provisions specific to the wheelchair user by treating the wheelchair position as a seat, but this is only a visual assessment of the restraint systems - no assessment would be made of other features such as a lift or ramp.

3. Conversion of a M1 vehicle to accept a wheelchair may invalidate the Type Approval of a vehicle, depending on the extent and nature of the conversion. If a mass produced M1 (e.g. Renault Kangoo) which had ECWVTA underwent a conversion which required cutting of the vehicle floor then this would likely invalidate the approval for that vehicle. The converted vehicle would have to be approved to an appropriate Approval Scheme. If the conversion were carried out post-registration, there is no requirement to re-approve the vehicle irrespective of the nature of the conversion. In this instance, a voluntary SVA would provide some assurance with respect to the vehicles safety.

4. I believe that the DVLA should be notified of any changes to the registration details e.g changes of vehicle category etc however, I have not had an opportunity to discuss this with DVLA who are obviously best situated to advise on their policies.

5. This question I find slightly confusing as it is not possible to register a minibus (9-16 seats in addition to the driver) as a hackney carriage.

6. A new European framework directive for approval of motor vehicles, which begins to apply in 2009, contains a new category of Special Purpose Vehicle termed the Wheelchair Accessible Vehicle (WAV). This grants a number of relaxations in the technical requirements for general construction, whilst specifying several additional requirements which relate specifically to the wheelchair provision.

A vehicle which was accessible to wheelchair users would not automatically be classified as a Special Purpose Vehicle for the purposes of Type Approval. It would be for the manufacturer to approve the vehicle as a category which best suited their needs. This has particular relevance for vehicles which might seek approval with a rearward facing wheelchair position, as the WAV category of Special Purpose Vehicle does not currently permit this orientation.

In addition, directives on safety belts and restraint systems and their anchorages were amended in 2005. This placed an obligation on the Commission to examine specific procedures by 20 April 2008, to harmonise requirements for safety belts intended for disabled people, based upon existing international standards and national legal requirements, in order to provide an equivalent level of safety to other passengers. If appropriate, the Commission shall present draft measures.

7. The Motability Standards are used widely throughout the conversion industry, but I am unable to advise whether this would be satisfactory for your purposes.

8. As I have already mentioned, the Department operates three approval schemes and it is necessary for a vehicle to be approved to one of these schemes before being registered. They will all ensure that a given vehicle is roadworthy. If the vehicle is modified post-registration, it is not necessary for the vehicle to be re-approved but it will be required to meet the appropriate requirements of the Road Vehicles (Construction & Use) Regulations.

You might also find it helpful to speak with a NALEO representative to establish how other Local Licensing Authorities are addressing this issue.

Hope you find this information helpful, but please do not hesitate to give me a call if you'd like to discuss further.

****************************************

Jim Hand
Transport Technology & Standards
Department for Transport
2/07 Great Minster House
76 Marsham Street
London SW1P 4DR

Tel: + 44 (0) 20-7944-8034
Fax: + 44 (0) 20-7944-2196
>>> "Laughland, Suzanne" <slaughland@herefordshire.gov.uk> 08/02/08 13:49:21 >>>

Donald

Thank you for calling me back yesterday, below I have provided brief details with the problem to date and as discussed could you let me have your advice on the following matters.

Background:
Herefordshire Council received a complaint from a member of the trade that panel vans were being converted into taxis. The panel vans were still registered as goods vehicles (N1) instead of passenger vehicles (M1- 8 seats or less, M2- more than 8 seats). Consequently we asked the vehicle proprietors to provide us with test certificates to show that the vehicle is fit for road use as a passenger vehicle and to notify DVLA of the alterations who may carry out a check on the vehicle. We received no certificates and DVLA advised they did not want to be notified of the conversions, therefore to ensure public safety we suspended all converted vehicles until such time they were able to produce a Voluntary single vehicle (enhanced) test certificate.

The next issue was the conversion of passenger vehicles (M1) that had had wheelchair access facilities fitted to the vehicle. Again we asked the proprietors to produce test certificates to show that the wheelchair access facilities had been installed safely. Many of the proprietors produced Low-level type approvals or European type approval certificates. To ensure we could rely on these certificates we contacted VCA the certifying body. We were advised by VCA that the no type approvals would included the disabled facilities due to there being no European standard for the installation of wheelchair access facilities in vehicles. (We were advised this is also the case for the London Cabs)

We have spoken to some manufactures / installers who have installed the wheelchair access facilities and have established that some have had prototype vehicles tested to the mobility standards. Unfortunately to date we have been unable to obtain proof from the manufacturer that they produce each vehicle to that specification and that checks take place to ensure all vehicles are installed to that standard. We are continuing to work with the manufacturers on this matter.

However until we receive further information form the manufacturer we have asked the vehicle proprietors to obtain a voluntary single vehicle approval tests (standard) class D and P certificate, to satisfy ourselves the vehicles are fit and safe for public use. We have given them two months in accordance with our powers under Section 68 of the Local Government (Miscellaneous Provisions) Act 1976.

VOSA had recommended the voluntary single vehicle approval tests and were also advised if the vehicle is M1 registered and any alterations are made to that vehicle then the tests carried out to class the vehicle as M1 would be invalid therefore technically the M1 status would no longer exist. Consequently the Voluntary Single vehicle approval would reconfirm the M1 status.

Questions:
1. Could the authority have relied upon the low volume type approvals or European type approvals to show wheelchair access is installed correctly, if not why not?

2. What action can you recommend the local authority takes to ensure converted vehicles and vehicles with wheelchair access facilities installed are safely?

3. Is it correct that the installation of the wheelchair access facilities invalidate the M1 status and the Voluntary Single Vehicles approval test would reinstate the M1 status?

4. In what circumstances should the DVLA be notified about alterations to vehicles?
5. How can we ensure converted vehicles from panel vans to mini buses have been converted safely?
6. Are there any plans in the future to provide standards European or otherwise to regulate the safety of wheelchair access facilities installed into vehicles, if no why not?

7. Would the mobility standard be sufficient for the local authority to rely on to ensure installation of wheelchair access facilities are safely?

8. If there are uncertanties about the status of the M1 status of the vehicle when wheelchaire access facilites are installed, can the authotiry rely on a vehicle being safe and fit for its use, if that vehicle has type approval and the wheelchaire facilites are installed to the mobility standard or should we still ask for the vehicle to undergo the Single Vehicle Type Approval Standard test?

I have a meeting with our taxi drivers in the evening on Tuesday 12 February 2008 (next week) and would be grateful if I could have an answer to the above in order to relay back to the trade any advice you may have. Many thanks for your help, should you wish to discuss further please do not hesitate to contact me.

        Kind regards

                        Suzanne

Suzanne Laughland
Licensing Manager.
Environmental Health and Trading Standards.
Herefordshire Council.
Tel: 01432 261675
e-mail: slaughland@herefordshire.gov.uk

This email and any files transmitted with it are confidential and intended solely for the use of the addressee. This communication may contain material protected by law from being passed on. If you are not the intended recipient and have received this email in error, you are advised that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If an attachment is included we cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary before opening any attachment.

If you have received this email in error, please notify the IT Service Helpdesk at the Herefordshire Council, telephone (01432) 260160.

This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.) In case of problems, please call your organisation’s IT Helpdesk.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

**********************************************************************
Think before you print. To save energy and paper please only print this message if you really need to. Correspondents should note that all communications to DfT may be automatically logged, monitored and/or recorded for lawful purposes.
**********************************************************************

think before you print this e mail