Agenda item

Amendment and addition of hackney carriage and private hire vehicle conditions

To consider implementing revised vehicle licence conditions due to abuse of the current; private hire and hackney carriage vehicle conditions.

Minutes:

The Licensing Manager presented a report suggesting the implementation of revised vehicle licence conditions following abuse of the current; private hire and hackney carriage vehicle conditions by some of the trade.  She said that the Licensing Section had received a number of complaints from members of the trade regarding the following matters:-

 

(a)   Operators are purchasing Wheel Chair accessible vehicles which are under five years of age. They are then replacing these vehicles with much older vehicles very soon after. The original vehicle is then being sold or used again to purchase another plate;

(b)   there used to be a condition where any replacement vehicle had to be the same or higher standard both in age and vehicle type, this was removed following the consultation at the recommendation of the Licensing Steering Group; which felt that it was too restrictive. The Licensing Section agreed to do this but advised the Group that if the system was abused the condition would need to be reconsidered; and

(c)   wheelchair accessible vehicles are being tested with a full capacity of eight seats, which means that the rear row of seats have to be removed to accommodate a wheelchair.  Only wheelchair accessible vehicles, which are under 5 years of age, can get a new hackney carriage plate.  The increase in numbers was made to provide a better service to disabled users.  Many of these vehicles are not being used with disabled access, but are being used predominantly for larger groups of passengers, mainly for migrant farm workers based around the County.  This is impacting on the rest of the trade who are running their vehicles with a reduced number of seats as they are maintaining the wheelchair accessibility and is causing unfair advantage to parts of the trade. The newer vehicles are being replaced in some cases with significantly older and poorer conditions vehicles, which reduce the quality of the fleet. It is clear from government guidance that older vehicles tend to be more polluting than newer ones, and this has been proven by air quality modelling undertaken for the Council. Therefore, as many taxis and private hire vehicles frequent the air quality management areas in Hereford City, Bargates in Leominster and the A40 near Ross-on-Wye it is essential to encourage less polluting vehicles.

 

The Licensing Manager presented revised conditions which she felt would help to overcome the problems which had been encountered.  The Committee considered the proposals and agreed that they should be introduced.  The Licensing Manager

Said that needs assessment survey work would be undertaken in due course in respect of the trade and the public to determine the demand for wheelchair accecible vehicles.  This would enable her to determine the provision of such vehicles which would be needed to comply with the requirements of the 1995 Disability Discrimination Act.

RESOLVED THAT the following amendments be made to the licensing conditions in respect of hackney carriage and private hire vehicles licensed by the Council:-

 

Current Condition

New Condition

1.2       New condition to be added

1.2       Once a vehicle has been issued             with a hackney carriage licence         the vehicle cannot be re-used to   get a new licence plate within      Herefordshire.

2.3       New condition to be added

2.3       Once a vehicle has been issued             with a private hire licence the       vehicle cannot be re-used to get      another licence plate within   Herefordshire.

3.3b     The replacement vehicle shall     be less than 8 years of age for a     non wheel chair access vehicle             and less than 15 years old for a             disabled access vehicle.

3.3b     The replacement vehicle shall be        no more than 2 years older than     the outgoing vehicle, and have at         least 30,000 less miles on the             clock.  All vehicles must be             replaced at 8 years for non wheel   chair and 15 years for wheel chair    access vehicles.

20.11   Wheelchair accessible hackney           carriages must remain             wheelchair accessible at all          times when plying for hire.

20.11   Wheelchair accessible hackney           carriages must remain wheelchair       accessible at all times.

20.12   New condition

20.12   Any wheelchair provision will be        counted as a permanent             passenger seat and this will be             marked on the licence plate.

Supporting documents: