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 TO ALL TAXI AND PRIVATE HIRE CAR OPERATORS CHANGE TO COUNCIL POLICY RE VEHICLES SUITABLE FOR LICENSING AS TAXIS AND PHCS As you will be aware from regular hire car newsletters a review of the hire car system has been underway for the last 2 years. The Council decided on 13 January 2009 to approve the de-restriction of taxi licences in principle, subject to a review of the hire car scheme being carried out by the Licensing Team by January 2010. In terms of that Council decision the review is to cover suitable vehicles for use as taxis and private hire cars (PHCs), licensing conditions, taxi ranks, fees, livery, enforcement and phasing arrangements for the issuing of new taxi licences. The first part of the review, consideration of suitable vehicles for use as taxis, was completed earlier this year. On 23 June 2009 the Council approved a list of 14 vehicles which are suitable for use as taxis and decided that the changes in relation to vehicles suitable for use as taxis would take effect immediately from that date for all applications for new taxi and replacement taxi vehicles. The second part of the review, consideration of suitable vehicles for use as PHCs, has now been completed. On 24 November 2009 the Council Executive approved changes to the policy affecting private hire cars (PHCs) which takes effect immediately from that date in relation to all new and replacement PHC vehicles. Details of the revised policies are as follows – TAXIS From applications made after 23 June 2009 only the following vehicles are suitable to be licensed as taxis – · Peugeot E7 Fiat Scudo and Fiat TW200
· Renault Traffic In addition, the Council decided that these vehicles can only be licensed as taxis if they meet the new accessibility standard. The new accessibility standard requires that all vehicles must have the following features installed to the satisfaction of the Cab Inspector – · side loading access (for safety reasons all side loading vehicles must have an illuminated “doors opening” sign) · wheelchair access by means of suitable ramps · hi-visibility interior features (must be permanent and fixed rather than seat covers) · interior grab rails · a step (must be retractable) · a loop system for the hard of hearing auto door locks which operate when the vehicle is moving
In relation to the arrangements for taxis converting to the new standard the Council decided that all taxi vehicles must be changed for one of the above 14 approved vehicle types and comply with the above accessibility standard by the end of January 2015. For the avoidance of doubt in order to provide sufficient seating (i.e. either 5 or 6 passenger seats) all taxis must be fitted with a bulkhead and tip up seats. Exemption for replacement taxi vehicles – until January 2015 An exemption was approved in relation to certain replacement vehicles prior to the end of January 2015. This "sunset clause" applies to operators over the age of 60 wishing to retire from the trade prior to the end of the phasing in period. Appendix 1 contains details of the exemption and details of the procedure for applying for a new or replacement vehicle are contained in Appendix 3. Anyone wishing to have a taxi considered for licensing should contact the Licensing Team on 01506 281632 for guidance. It is the responsibility of the applicant to ensure that the vehicle is suitable to be licensed prior to purchasing the vehicle.
PHCs
From applications made after 24 November 2009 all PHC vehicles must be either - (1) a saloon or saloon derivative vehicle (such as an estate model based on a saloon vehicle); or (2) a tail lift vehicle which is based on a different model of vehicle from those vehicle types listed on the approved list of taxi vehicles, and must comply with the following specification – (1) have a minimum of four doors; (2) have exactly four passenger seats if it is a saloon vehicle, or eight passenger seats if it is a tail lift vehicle; (3) have a minimum back seat cushion width of 125cm; (4) have a maximum CO2 emission level of 150g/km for diesel vehicles or a maximum CO2 emission level of 165g/km for petrol vehicles (with the exception of tail lift vehicles which must have a maximum CO2 emission level of 225g/km for diesel or petrol vehicles); (5) have a minimum engine size of 1400cc unless it is an electric or hybrid vehicle. and must comply with the standard conditions of fitness for hire cars contained in the taxi and private hire car licensing conditions. In addition, tail lift vehicles must comply with the following accessibility standard – they must have hi-visibility interior features, interior grab rails, a step and a loop system. Please note that on safety grounds steps must be retractable and the hi-visibility features must be permanent and fixed rather provided by way of seat covers. Exemption re replacement vehicles – until January 2015 An exemption was approved in relation to certain PHC vehicles being replaced prior to the end of January 2015. This exemption applies to PHC operators who currently have a PHC vehicle licensed which is on the list of approved taxi vehicles. Appendix 2 contains details of the exemption and details of the procedure for applying for a new or replacement vehicle are contained in Appendix 3. Anyone wishing to have a PHC considered for licensing should contact the Licensing Team on 01506 281632 for guidance. It is the responsibility of the applicant to ensure that the vehicle is suitable to to be licensed prior to purchasing the vehicle.
FREQUENTLY ASKED QUESTIONS What is the phasing in period? In relation to the arrangements for all taxis and PHCs converting to the new standards the Council has decided that all vehicles must be changed for a vehicle which meets the above criteria by January 2015. The exemptions in Appendix 1 and 2 will not apply after the end of January 2015 as all vehicles must comply with the new standards by 31 January 2015 at the latest. Therefore, unless either of the exemptions in either Appendix 1 or Appendix 2 applies all applications for new and replacement vehicles received after 23 November 2009 must be for vehicles which meet the revised criteria. What will happen if an application is made for a vehicle which doesn’t meet the revised criteria? Unless the exemption applies an adverse report on any application for a replacement vehicle not complying with the above revised criteria will be prepared which will go before the Licensing Committee to be determined and the replacement vehicle will not be tested prior to that decision being made. Applications referred to the Committee may take a number of weeks to be determined depending on the date of the next Committee. An appeal against the refusal of an application can be made to Livingston Sheriff and JP Court. What will happen if a vehicle does not comply with the revised standards by 31 January 2015? Vehicles not complying with the revised standards cannot be operated after 31 January 2015. If necessary, licences for non compliant vehicles will be suspended from that date until a suitable replacement vehicles are approved. What is the current situation regarding de-restriction of taxi licences? It is hoped that the Council will take a decision in March 2010 regarding signage for hire cars and a few other related issues. These matters are now being discussed by the Hire Car Consultative Group and you should make your views clear on the remaining issues to be covered in the review to the representatives from the three local hire car associations who are members of the group. Their details are available from the Licensing Team. Alternatively you can e mail your comments to LicensingServices@westlothian.gov.uk. The group have moved on to look at other hire car conditions including training for licence holders and finally will consider phasing arrangements for issuing new taxi licences. It is likely that the review will not be completed until July 2010 at the earliest and the full review must be completed and reported to the Council before any decisions will be taken by the Council regarding issuing new taxi licences. LICENSING TEAMJANUARY 2010We have moved to the new Civic Centre, our new postal address is – Licensing Team West Lothian Civic Centre Howden South Road Livingston West Lothian EH54 6FF Tel: 01506 281632 |
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