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AGENDA NO
LICENSING COMMITTEE
24 JANUARY 2017
REPORT OF ASSISTANT DIRECTOR ADMINISTRATION, DEMOCRATIC AND ELECTORAL SERVICES
PRIVATE HIRE AND HACKNEY CARRIAGE WHEELCHAIR ACCESSIBLE VEHICLES
SUMMARY

The purpose of this report is to provide Members with an update with regards to the current Policy on wheelchair accessible vehicles and also to seek Members views on a proposed amendment to the current Policy.

RECOMMENDATION
Members’ comments are received

Detail

1.  The Council currently licences 276 hackney carriage vehicles and 506 private hire vehicles, of these 16 are wheelchair accessible (14 HCVs and 2 PHVs).

2.  The current Policy states, ‘In the interests of improving air quality, any application for the renewal of an existing hackney carriage or private hire vehicle licence will only be granted if the vehicle can meet Euro 4 emission standards as a minimum. Vehicles that currently do not meet this standard will not be re-licensed when their licence is due for renewal in 2017.’

3.  This would mean 5 wheelchair accessible vehicles would be required to be removed from the fleet in 2017. The current Policy would allow these to be replaced with a saloon vehicle which could result in a reduction of wheelchair accessible vehicles. Attached at Appendix 1 is a table detailing current licensed wheelchair accessible vehicles.

4.  An extraction from the current Policy states:

Accessibility – Wheelchair Accessible Vehicles

5.  A specification for wheelchair accessible vehicles (WAVs) is set out at Appendix A of the Transport policy. All new applications for hackney carriage vehicle licences shall be required to comply with this specification, until the total number of WAVs licensed reaches 25% of the total hackney carriage fleet or equates to 70 vehicles, whichever is the lower, at which time the Policy will then be reviewed.

6.  The private hire trade will continue to be encouraged to licence a proportion of their fleet as wheelchair accessible vehicles which will be expected to comply with the same specification set out at Appendix A.’

7.  Given the importance of promoting the inclusion of WAV’s within the taxi trade it is proposed to depart from current Policy to allow the current wheelchair accessible vehicles which are due to be taken off at their renewal in 2017 to remain on the fleet until their renewal in 2019, when it is proposed they would need to be replaced with a vehicle that complies with the current policy.

8.  In line with the proposal to move all other forms of licensed vehicles to an age related policy as agreed at the last Licensing Committee on 13 December 2016, it is recommended to introduce and age related policy for WAV’s, and it is suggested that new vehicles are no older than 5 years old at the date of initial application and a maximum vehicle age limit of 12 years old before being removed from the fleet. This requirement would take effect at the renewal of the licence in 2019.

9.  The age limit recommended recognises the higher initial cost to purchase a WAV and therefore the need to operate it longer to recover costs. The age limits also serve to promote and encourage WAV’s on to the fleet.

10.  In order to try and maintain the current number of wheelchair accessible vehicles Members should consider amending the current wording to say, ‘wheelchair accessible vehicles that are currently licensed may only be replaced with a like for like vehicle e.g. a wheel chair accessible vehicle can only be replaced with a wheelchair accessible vehicle which complies with current policy’.

11.  A copy of the new proposed wording for Accessibility – Wheelchair Accessible Vehicles is attached at appendix 2.

Assistant Director Administration Margaret Waggott
Democratic and Electoral Services

Contact Officer Name: Simon Mills

Telephone No. 01642 526566

Email Address:

Financial Implications: None

Environmental Implications:

Legal Implications: The Policy can be challenged by way of judicial review and current legislation allows a right of appeal by any person whose licence has been refused, revoked or suspended or who is aggrieved by any condition attached to the grant of a licence.

Community Safety Implications: Policies to determine the fitness of vehicles and to help establish if an applicant is a fit and proper person to hold a licence, contribute towards the Council’s Community Safety objectives. Action following the consideration of this report will aim to reinforce community confidence, reduce the fear of the public and increase the safety of those who may be vulnerable when using ‘taxi’ services.

Human Rights Implications: Members should have regard to the Human Rights Act when determining what action to take in the matter.

Background Papers: Table of current WAV’s Appendix 1.

Ward(s) and Ward Councillors: Not ward related