CIVIC GOVERNMENT (SCOTLAND) ACT 1982 SECTION 10 (2)
APPLICATIONS FOR PRIVATE HIRE OPERATOR’S LICENCES
SUITABILITY FOR USE AS PRIVATE HIRE
MOTORCYCLE AND SIDE CAR
1. Purpose of Report
Members are required to determine two applications by Mr Alan Jamieson for the grant of Private Hire Operator’s licences by deciding whether either or both of the vehicles is/are suitable and safe for use for Private Hire.
2. Recommendation
Members are asked to consider the material contained or referred to in this report and submissions made at the Hearing and determine the two applications by Mr Alan Jamieson for the grant of Private Operator’s licences.
3. Considerations
3.1 Why the application is before this Licensing Panel
3.1.1 Dumfries and Galloway Council is the local Licensing Authority under the Civic Government (Scotland) Act 1982, including the licensing of taxi drivers.
3.1.2 Two applications have been received for Private Hire Operator’s licences for vehicles of a type which have not been licensed before within Dumfries and Galloway.
3.1.3 Each application seeks to license for Private Hire a motorcycle and sidecar.
3.1.4 The Licensing Panel must determine each application by deciding whether each vehicle is suitable and safe for Private Hire use and:-
· If the Panel’s decision is that the vehicle is suitable and safe for Private Hire use, that application for a Private Hire Operator’s licence should be granted:
· If the Panel’s decision is that the vehicle is not suitable and safe for Private Hire use, that application for a Private Hire Operator’s licence must be refused.
3.2 Statutory Background
3.2.1 The Licensing Authority has 6 months in which to determine an application for a Taxi Driver’s licence.
3.2.2 As these applications were submitted on 19 August 2014, they must be determined by 16 February 2015.
3.2.3 The applications have not attracted objections.
3.2.4 The task for the Panel is set out in Section 10 (2) of the Civic Government (Scotland) Act 1982:-
“A licensing authority shall not grant or renew a taxi or private hire car licence unless they are satisfied that the vehicle to which the licence is to relate is suitable in type, size and design for use as a taxi or private hire car, as the case may be, and is safe for that use”.
3.2.5 The vehicle to which the licence is to relate is, in each case, a motorcycle and side car.
3.2.6 In terms of Section 10 (2):-
· If the Panel’s decision is that the vehicle is suitable and safe for Private Hire use, that application for a Private Hire Operator’s licence should be granted:
· If the Panel’s decision is that the vehicle is not suitable and safe for Private Hire use, that application for a Private Hire Operator’s licence must be refused.
3.2.7 A Taxi Driver’s licence may be granted for a period of up to 3 years. It is usual to grant for the full 3 year period. However, the Act empowers the Authority to grant a licence for a shorter period in appropriate cases. This would be considered the grant of a licence and not the part refusal of a licence.
3.2.8 The Licensing Authority, in granting a licence may impose “such reasonable conditions as the Licensing Authority think fit”.
3.3 The Applicant’s Proposals
3.3.1 Mr Alan Jamieson has submitted two applications for Private Hire Operator’s licences.
3.3.2 The vehicles to which the applications relate are:-
· Vehicle (1): Ural Gear Up (Russian Make) 745cc Motorbike And Sidecar, Registration Mark GX56 APS
· Vehicle (2): Triumph Bonneville T100 790cc Motorbike And Sidecar, Registration Mark WA54 DXE.
3.3.3 The applicant advises that his proposals are:-
· He has applied to Dumfries and Galloway Council for two Private Hire Operator’s licences to enable me to establish a sidecar touring business based at Durhamhill Farm, Kirkpatrick Durham, Castle Douglas, DG7 3HP;
· He and his partner own holiday cottages at Durhamhill and, since they started the business have offered free trips in the sidecar to guests;
· This has proved to be very popular;
· At present this is covered by his insurance company because he does not charge for this i.e. there is no hire and reward;
· As the sidecars have proved so popular the applicant would like to start a side business: offering trips not only to our guests but to other people, including other tourists visiting the area;
· To this end Mr. Jamieson has invested in a second motorcycle and sidecar;
· He requires public liability insurance and Private Hire Operator’s licences for this business;
· The applicant plans to offer trips lasting from one to four hours, throughout the local area, mainly in the Stewartry;
· These trips would mainly be on quiet B roads and forest tracks and would take place in dry weather during daylight hours;
· One of the main attractions of travelling in a sidecar is that they operate at relatively slow speeds i.e. 40-50 mph which gives the passenger plenty of time to take in the scenery.
3.3.4 In support of his applications Mr. Jamieson points out that safety of passengers would be paramount in the operation of the business:-
· He has ridden motorcycles regularly since the age of 17 years old is now 56 years old and has never had an accident;
· His friend, Mr Robert Sproat, aged 62 years old, who will be driving one of the outfits, as demand requires, passed his motorcycle test in 2004 and has never had any accidents.
3.3.5 Mr. Jamieson would wish to draw the Panel’s attention to several of his safety protocols:-
· All tours will be pre-booked.
· Tours will not take place in inclement weather.
· Only one person will be taken out in each sidecar i.e. there will be no pillion passengers.
· Tours will only be offered to people over the age of 16years.
· Although not a legal requirement, helmets will be supplied to passengers: a range of sizes will be kept to ensure good fitting and they will be cleaned and sprayed with disinfectant after use to ensure good hygiene.
· Waterproof motorcycle jackets and gloves will be made available: they can be kept in the boot of the sidecar should the need arise.
· He will reserve the right to refuse anybody who we consider to be unfit to be transported e.g. under the influence of alcohol or drugs.
· Both he and Mr Sproat I will complete the Institute of Advanced Motorist or equivalent Advanced Rider scheme.
· Both motorbikes will be MOT tested at 6 monthly intervals.
3.4 The Chief Constable’s Observations
3.4.1 The Chief Constable has been consulted and has submitted observations and recommendations.
3.4.2 The Chief Constable would wish to make observations on the applicant’s proposals on grounds of safety and risks to road users:-
· The applicant is proposing to start a side business offering for hire to the public, predominantly holidaymakers and tourists, motor bike and side car tours of the local area;
· If granted such licences, he will offer the motorbike and sidecar tours whereby a friend, Mr Robert Sproat (who has also applied for a Private Hire Car Driver Licence) will be available to drive the vehicles should demand dictate or the applicant is unavailable to do so at the time;
· He proposes to operate from his premises at his home address where he has a number of holiday accommodation;.
· These tours, pre-booked, would be carried out whereby leisurely speeds (40 – 50 mph or less) would be maintained throughout to give customers maximum exposure to the locality: it is also his intention to carry out the tours when it is daylight, dry and not in wet road conditions;
· The applicant has at his disposal two motor bike and sidecar units:
· Ural Gear Up (Russian make) 745cc motorbike and sidecar, registration mark GX56 APS, first registered 01.10.2006, chassis no.X8JM103760215861, 2 seats;
· Triumph Bonneville T100 790cc motorbike and sidecar, registration mark WA54 DXE, first registered 01.09.2004, chassis no.SMTTJ912TM4193165, 2 seats;
· The applicant informs that he has been riding motorbikes since he was 17 years old and has never had an accident and regards himself as a very safe and conscientious motorcyclist;
· The applicant Mr Jamieson, has a full substantive driving licence which he has held for 39 years and currently has 3 penalty points endorsed thereon for a CU80 offence (drive whilst using a mobile phone) which occurred on 30.10.2012.
3.4.3 The Chief Constable would wish to highlight the following;
· Persons being carried on a motor cycle with side car i.e. rider and pillion passenger, must wear a helmet however it is NOT a legal requirement for the passenger contained within the side car to wear a helmet;
· With regards to the seatbelt issue, reg 5&6 motor vehicles (wearing of seat belts) regulations 1993 provides that a two wheeled motor cycle, with or without a side car is exempt from seat belt legislation;
· As such legally you can be carried in a side car un-restrained and without a helmet: however there will be Police concerns raised about the tour for licensing and insurance for helmets and seatbelts to be worn;
· Clearly seatbelts may not be routinely fitted to all side cars but they can always be retrospectively fitted and were to meet approved health and safety standards;
· Mr Jamieson confirms he would provide a range of different sized helmets although stated he has no intention of fitting a seat belt to either motorcycles / sidecar units: there is a grab rail fitted to one of the side car units.
3.4.4 The Chief Constable would, in view of these observations and concerns of safety to general road users and users for these sidecars, request the following as mandatory conditions should the Licensing Panel grant these applications:-
· All helmets must be supplied and be of the approved standard;
· Helmets should be fitted properly and all bookings should be pre-bookings which stipulate sizes available and a size requested by the person in the sidecar;
· Seat belts and guard rails fitted to both sidecars: these should be of the recommended standard and checked and regulated by the appropriate agency.
3.4.4.1 The applicant has expressed his views regarding the Chief Constable’s recommendation that seat belts should be fitted to the side cars:-
· It has been proposed that seatbelts should be fitted to both sidecars;
· Regulations 5 and 6 (wearing of seatbelts) 1993 provides that a two wheeled vehicle with or without a sidecar is exempt from seat belt legislation;
· He would suggest that there is a very good reason why the wearing of seatbelts is not compulsory;
· There is no roll bar on a sidecar and if, for some reason, the combination rolled over, the passenger would be trapped and potentially suffer severe head and neck injuries;
· The safety of passengers will be paramount and Mr. Jamieson would therefore strongly resist the proposal for this reason.
3.5 Guidance “Licensing Motorcycles as Private Hire Vehicles: A guidance note from the Department for Transport”.
3.5.1 The best available existing Guidance is “Licensing Motorcycles as Private Hire Vehicles: A guidance note from the Department for Transport”.
3.5.1.1 However, it must be recognised that:-
· This relates to the Licensing Regime in England and Wales;
· It relates to Motorcycles and has little or no specialised guidance on Motorcycles and Sidecars.
3.5.1.2 The principles of the Guidance are:-
· The DfT does not consider that there is a compelling case for ruling out motorcycles as PHVs on safety grounds;
· It is in the nature of this sort of niche market that passengers will weigh up the risks involved and act accordingly;
· Many people would never choose to use motorcycle PHVs because of the risks they perceive whereas others regard riding pillion as a convenient and practical form of transport;
· The Department For Transport’s key point is that the risks associated with riding as a pillion passenger on a motorcycle are not sufficiently high as to provide guidance which rules them out of the licensing system altogether.
3.5.2 This appears to be the first request in Scotland that a Licensing Authority consider licensing motorcycle and side cars for Private Hire.
3.5.3 The Chief Constable has not raised an objection to use of the motorcycle and sidecars for Private Hire but has recommended conditions.
3.5.4 The applicant does not agree with the Chief Constable’s recommendation that the sidecars be fitted with seatbelts.
3.5.5 The best existing Guidance relates to motorcycles and not to motorcycles and sidecars.
3.5.6 In determining whether each of these types of motorcycle and sidecars is suitable and safe for Private Hire use the suitability the Panel needs better and more specific information.
3.5.7 The views of an expert have therefore been sought on:-
· An opinion on whether the vehicles are suitable in type, size and design for use as a private hire car, and is safe for that use”;
· Reasonable conditions which should be attached to any Private Hire Operator’s licences granted for the vehicles;
· A specification for inspection of the vehicles.
3.6 Report of Mechanical Engineer
3.6.1 Mark Littler, Mechanical Engineer, was chosen through the Law Society of Scotland’s list of Expert Witnesses.
3.6.2 Mr. Littler’s report has been issued to Members under separate cover. It will be noted from that report:-
· The Mechanical Engineer ‘s opinion is that both vehicles are suitable in type, size and design for use as a private hire car, and is safe for that use”;
· The recommended conditions which should be attached to any Private Hire Operator’s licences granted for the vehicles follow consideration of the views of the applicant and Chief Constable;