Hackney Carriage Vehicle policy
Licensing criteria
Vehicle licences will be issued for a maximum of one year.
The following criteria will be checked before a vehicle licence is issued:
| Licensing criteria | Required standard |
|---|---|
| Proof of Registered Keeper (V5 Registration Document) | An applicant for a vehicle licence must be the registered keeper of the vehicle.
|
| Vehicle Fitness standards | A satisfactory vehicle inspection report following an inspection by an Authorised Officer/Agent of the Council together with proof that the vehicle meets current MOT standards. All vehicles licensed by the Borough Council require inspection at an approved garage (a list of approved garages can be found on the vehicle application form). [see Appendix V of the Handbook] All vehicles over 5 years (date as shown on DVLA V5 registration document) shall have a vehicle compliance test at an approved Vehicle Testing Station every 6 months. |
| A current vehicle insurance certificate | To enable us to licence a vehicle we require sight of an original valid insurance policy, and schedule or cover note for that vehicle covering the vehicle for Hackney Carriage work. Emailed copies of insurance documents are acceptable. It shall be the responsibility of the proprietor of a licensed vehicle to produce proof of continuous insurance cover. The insurance proof is to be reviewed by the licensing authority within seven days of the expiry of the preceding certificate or cover note. If the proprietor fails to produce a certificate of insurance cover on request he/she shall produce it forthwith or within seven clear days of the request to an authorised officer of the Borough Council. Failure to comply may result in the immediate suspension of the vehicle licence by authorised officers. The suspension will remain in place until a satisfactory certificate of insurance is produced. Any driver insured to drive a licensed vehicle must hold a Hackney Carriage/Private Hire Drivers Licence |
| Valid excise licence for the vehicle | All vehicles are required to be taxed. |
| Basic DBS check | Proprietors of vehicles will be required to undertake a Basic DBS Check. (If the owner is also a Hackney Carriage driver with the authority then this Pre-requisite will not be required) |
| Completed application form | |
| Payment of correct fee | Current Licence fees |
From January 2005 all new Hackney Carriage Vehicle Licences must comply with the following requirements. Existing vehicle licences that were issued prior to January 2005 should follow the vehicle specification outlined in the Hackney Carriage Vehicle policy.
| Licensing criteria | Required standards |
|---|---|
| Maximum no of passengers is 8 | Motor vehicles constructed or adapted to seat not more than eight (8) passengers. If the applicant wishes to licence a vehicle with above eight (8) passengers, they must contact the Traffic Commissioner's Office |
| The council will not allow vehicles to be licensed for dual purposes or by more than one authority | No vehicle will be granted a licence if it is licensed in another District due to the problems of meeting the variance in conditions applied in different Districts and the enforcement of those conditions in cases of non-compliance (i.e. signs, meters, suspensions or revocation. |
| Hackney carriage vehicle requirements | Any new plate shall be a brand new purpose built vehicle for the performance as a Hackney Carriage which has been fully tested to M1 category. Such vehicle cannot be replaced unless it is replaced with at least an equivalent specification but newer purpose built model that is still less than 9 years old on initial registration. All vehicles shall be so constructed as to facilitate the carriage of people with disabilities and must be capable of accommodating a person in a wheelchair in the passenger compartment, provided the wheelchair fits within the dimensions specified below. Suitable means shall be provided to assist persons to rise from the rear seats with particular attention to the needs of people with disabilities. Grab handles shall be placed at door entrances to assist the elderly and people with disabilities. |
| Wheelchair facilities | Approved anchorages shall be provided for wheelchairs. These anchorages must be either chassis or floor linked and be capable of withstanding stresses to a dynamic deceleration test of 15g peak at 20 mph. Restraints for wheelchair and occupant must be independent of each other. Anchorages must also be provided for the safe storage of a wheelchair when not in use, whether folded or otherwise, if carried within the passenger compartment. All anchorages and restraints must be so designed that they do not cause any danger to other passengers. The door and doorway shall be so constructed as to permit an unrestricted opening across the doorway of at least 75 centimetres. The minimum angle of the door, when opened, must be 90 degrees. The clear height of the doorway shall not be less than 120 centimetres. The outer edge of the floor at each entrance must be fitted with non-slip treads. The vertical distance between the highest part of the floor and the roof in the passenger compartment must not be less than 1.3 metres. A ramp or ramps for the loading of a wheelchair and occupant shall be available at all times for use at the rear nearside passenger door. An adequate locating device must be fitted to ensure that the ramp/ramps do not slip or tilt when in use. Provision must be made for the ramps to be stored safely when not in use. |
| Steering | The steering wheel shall be on the offside of the vehicle. |
| Interior lighting | Adequate lighting shall be provided for the driver and passengers. Separate lighting controls for both passenger and driver must be provided. In the case of the passenger compartment, an illuminated control switch must be fitted in an approved position. Lighting must also be provided at floor level to each passenger door and be actuated by the opening of the doors. |
| Driver's compartment | The inside of the vehicle shall have a partially glazed partition separating the passengers at the rear of the vehicle, from the driver. The front seat(s) of the vehicle will be included in the number of passengers allowed to use the vehicle; however, these seats shall be used at the driver's discretion in order to maintain the safety of the driver. When these seats are not to be used, the number of passengers carried should be reduced accordingly. The driver's compartment shall be so designed that the driver has adequate room, can easily reach and quickly operate the controls and give hand signals on the offside of the vehicle. The controls must be so placed as to allow reasonable access to the driver's seat and, when centrally placed, must be properly protected from contact with luggage. Every vehicle must be provided with an approved means of communication between the passenger and driver. |
| Engine size | The Borough Council encourages the use of eco-friendly vehicles. No minimum engine capacity is required; however please note the seating requirements with respect to the size of vehicle to be licensed. |
| Seating | All passenger seats must face forward or rearward to the direction of travel |
| Windows | Windows shall be provided at the sides and rear. Passenger door windows must be capable of being opened easily by passengers when seated. The control for opening a door window must be clearly identified to prevent being mistaken for any other control. |
| Heating and Ventilation | An adequate heating and ventilation system shall be provided for the driver and passengers and means provided for independent control by the drivers and passengers. |
| Number of doors | Hackney Carriage vehicles that are London type vehicles must have at least two doors for the use of passengers travelling in the vehicle, neither being the door used by the driver. |
| Door fittings | An approved type of automatic door locking device shall be fitted to passenger doors. When the vehicle is stationary, the passenger doors must be capable of being readily opened from the inside and outside of the vehicle by one operation of the latch mechanism. The interior door handle must be clearly identified to prevent being mistaken for any other control. |
| Floor covering | The flooring of the passengers' compartment must be covered in non-slip material which can easily be cleaned. |
| Luggage | Provision shall be made for the carrying of luggage. |
| Health and Safety | All motorised vehicles must be equipped with an operational fire extinguisher and a first aid kit (to comply with Health & Safety (First Aid) Regulations 1981). |
| Body work | Exterior Bodywork and Wheel trims - The bodywork of the vehicle shall be in good condition, be free from major rust, dents and scratches and shall be as originally fitted by the manufacturer. Wheel trims must be fitted to all road wheels where part of the manufacturer's original specification. |
| Interior | Upholstery - all upholstery shall be clean and in a well-maintained condition. No tear, crack, hole or burn will be acceptable other than 'fair, wear & tear'. Upholstery includes seats, headrests, armrests, carpets and other trim. |
| Fixtures and fittings | All fittings shall be properly maintained and in good working order. Fittings include clocks, interior lights, sun blinds, door surrounds, grab handles, other equipment provided for passenger comfort and any equipment in, on or forming part of the vehicle including wheelchair ramps and securing fitments. |
Vehicle fitness standard
The inspection is to determine that the vehicle is in roadworthy condition and meets the standards required by the Borough Council to be a licensed vehicle; in accordance with national best practice and the requirements contained in this handbook. [see Appendix V]
No vehicle shall be first licensed or re-licensed unless the vehicle has passed the vehicle inspection at one of the Borough Council's approved testing stations. All Hackney Carriage & Private Hire vehicles after 5 years (date as shown on DVLA V5 registration document) shall have a vehicle compliance test at an approved Vehicle Testing Station every 6 months.
The Borough Council will not grant/renew a vehicle licence unless the person examining it (on behalf of the Borough Council) has confirmed that it meets the standards specified in this Handbook and, at the same time, the vehicle has been certified roadworthy to MOT standard and has a current MOT certificate.
Costs of such testing is payable by the person wishing to licence the vehicle. In addition the history of the vehicle may be taken into consideration when determining whether the vehicle should be licensed.
The 6 monthly compliance test certificate required for vehicles over 5 years old (see above) must be produced to the Borough Council within 7 days of the date of the test. Tests can be carried out by an approved testing station up to one calendar month before the 6 monthly point of the licence.
A vehicle which fails an inspection or safety check during the currency of a licence with the Borough Council will have the fault(s) rectified and the vehicle re-inspected at the same testing station within 2 months of the original inspection - failure to do so will lead to the automatic revocation of the vehicle licence.
A vehicle may be inspected by an authorised officer of the Borough Council or a Police Officer, at any reasonable time. If the person inspecting the vehicle is not satisfied as to the fitness of the vehicle he may give written notice to the proprietor/Operator to make the vehicle available for further inspection and testing at such reasonable time and place as may be specified and the vehicle licence may be suspended until the authorised officer or police officer is so satisfied. If the authorised officer or police officer is not satisfied within two months of the initial inspection the Vehicle licence shall be deemed revoked. An authorised officer or police officer may permit other persons to examine the vehicle on their behalf (e.g. DVSA).
The vehicle must be inspected and a satisfactory report issued by the Borough Councils appointed testing agent within one month preceding the application for a vehicle licence or renewal of a vehicle licence.
The requirement for Inspection applies to all vehicles, including those newly registered.
All vehicles being presented for testing at the approved Borough Council testing station shall be in clean condition to allow the tester to inspect the vehicle. The tester may refuse to test a vehicle that does not conform to this requirement.
Vehicle replacement
Where a licensed vehicle is off the road due to accident damage, subject to satisfactory documentary evidence being produced to the authorised officer, the Borough Council will allow a replacement vehicle that meets the Borough Council's criteria for a hackney carriage or private hire vehicle.
Once repaired, a new vehicle inspection report may be required.
A replacement vehicle must have a current certificate of insurance or cover note which covers the use of the vehicle.
Annual renewal
Vehicle renewal applications will be accepted up to one calendar month before they are due to expire providing the MOT certificate or Compliance Test Certificate is no more than 3 calendar months older than the renewal date. Vehicle licences will not be granted an earlier renewal date than their current expiry date. Vehicle Registration documents (V5C) are not required to be produced upon renewal of a vehicle licence, providing there has been no material changes to that vehicle/document during the proceeding licence period.
- vehicles must comply with all prerequisites
- applications must be made in good time to enable all formalities to be completed#
- no licence will be issued unless the application is complete with all documents, information and the payment required. Incomplete applications will be returned to applicants
- applications made after the expiry date will be considered as new applications and not a renewal
Altered vehicles
Any vehicle which has been altered from the original manufacturer's specification, re-registered or has been an insurance loss (categories N and S only) shall only be considered for licensing if the vehicle has been subjected to a satisfactory Individual Vehicle Approval (IVA) or Voluntary Individual Vehicle Approval (VIVA) test (engineers report) from the Driver and Vehicle Standards Agency (DVSA) Vehicles without a DVSA engineers report will only be considered for licensing if they have been built to the manufacturers original specification. The IVA test is appropriate for vehicles not previously registered in the UK, and a VIVA for vehicles registered in the UK that need to prove compliance.
Category A and B write offs will not be considered fit for licensing
Wheelchair accessible hire vehicles
There are a growing number of wheelchair accessible vehicles which are licensed by the Borough Council. All new Hackney Carriage Vehicles registered with the Borough Council must be wheelchair accessible.
Sections 165 and 167 of the Equality Act 2010 require drivers of designated wheelchair accessible taxis and private hire vehicles to:
- carry the passenger while in the wheelchair
- to not make any additional charge for doing so
- carry the wheelchair, if the passenger chooses to sit in a passenger seat
- take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort
- give the passenger such mobility assistance as is reasonably required
The Act then goes on to define mobility assistance as giving assistance:
- to enable the passenger to get into or out of the vehicle
- to enable the passenger to get in and out of the vehicle while in a wheelchair
- to load the passenger's luggage into or out of the vehicle
- to load the wheelchair into or out of the vehicle should the passenger not wish to remain in the wheelchair
A list of all wheelchair accessible vehicles will be maintained in accordance with Section 167 of the Equality Act 2010 on the Licensing webpage. This list will be periodically updated based on the details given at the time of vehicle licensing.
Permitting or Employing any other person to drive
Before any proprietor of a vehicle permits or employs any person to drive his/her vehicle, he/she shall ensure that the vehicle is adequately insured for that person to drive and produce evidence of that insurance for inspection by any person permitted or employed to drive.
If the proprietor of a vehicle permits or employs any other person to drive his/her vehicle, he/she shall, before the person commences driving, cause the driver to give him/her Licence to Drive for retention until such time as the driver ceases to be permitted or employed to drive a licensed vehicle owned by the proprietor.
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