Hackney Carriage Vehicle Conditions Consultation

Overview

The current conditions relating to vehicle licenses have been reviewed, amended and updated in an attempt to clarify certain issues and introduce new initiatives and procedures and remove what are already legal duties.

Section 47 of the Local Government (Miscellaneous Provisions) Act 1976, which relate to the issue of licenses for hackney carriage vehicles states:

“A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary “.

The purpose of attaching conditions to these licences is to be able to regulate a large variety of matters relating to the way proprietors and drivers conduct themselves and the use of their vehicles.  Conditions can prescribe the ways in which activities are conducted, the sort of documentation proprietors and drivers must maintain and how vehicles are to display their plates and signage.

The conditions are used to deal with issues that require regulating and are drafted to stipulate the exact manner in which activities are to be undertaken. Failing to comply with conditions may result in enforcement action being taken.  This may include referral to a Licensing Sub Committee for it to consider whether the licensee is “fit and proper” and if not whether their licence should be suspended or revoked.  For example, a Sub Committee might hear a complaint from a member of the public about a drivers’ behaviour or the condition of their vehicle. 

The current conditions (also attached) for hackney carriage vehicles were last reviewed and/or amended on the 15/09/2010, with an additional amendment in February 2015 to account for the changes to the Equalities Act.

Since then, a number of changes have taken place both in respect of how the trade operate with the introduction of new technology (apps.) and the current review of vehicle signage.  This review also seeks to bring the conditions into a standard format alongside those of the private hire trade.

The current conditions contain policy details, such as the type of vehicle that can be licensed.  These have been removed from the proposed conditions as if it is the policy of the City Council not to approve a certain type of vehicle as a Hackney Carriage there is no need for it to also be a condition of licence.

Further guidance will be produced to accompany the new conditions advising drivers and vehicle owners of their legal obligations.

The most noticeable proposed change is around the testing of the taximeter.  The new condition puts the onus on the vehicle proprietor to have the meter calibrated at least once a year and supply a certificate rather than the City Council having responsibility for arranging the test.

In practice this would mean that the Council would no longer arrange a week each year when everyone is called to a specific location to have their meter tested and recalibrated, but each vehicle would have to supply a meter test certificate on renewal of their vehicle licence.  We are most interested in views regarding this specific change.

Why your views matter

The City Council is proposing to introduce of a new set of conditions to be attached to the licences issued in respect of Hackney Carriage vehicles, see attached proposed new conditions.