Wolverhampton City Council

Transcription

1 Agenda Item No: 10 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel LICENSING COMMITTEE Date 09/02/11 Originating Service Group(s) REGENERATION & ENVIRONMENT ENVIRONMENTAL SERVICES Contact Officer(s)/ Telephone Number(s) 0105 COLIN PARR Title/Subject Matter PRIVATE HIRE VEHICLE - IDENTIFICATION PLATE EXEMPTION POLICY Recommendation Members are requested to determine: (i) That the proposed Private Hire Exemption from Displaying Plates/Policy/Conditions set out in Appendices 1 and 2 of this report be adopted. (ii) That authority to determine such applications in accordance with the proposed Policy be delegated to the Licensing Manager or Section Leader. (iii) That a fee of is set for an Exemption Notice or a Replacement Notice. A copy of the Exemption Notice can be seen at Appendix 3 of this report.

2 PRIVATE HIRE VEHICLE - IDENTIFICATION PLATE EXEMPTION POLICY 1.0 Purpose of Report 1.1 To provide information to determine whether the Council should adopt a policy that will allow certain private hire vehicles which are deemed to be of an executive type to be exempt from the requirement to display an external identification plate (otherwise known as a licence plate) and for the drivers of such vehicles to be exempt from wearing a driver s badge. 2.0 Background 2.1 The displaying of the external identification plate on a licensed private hire vehicle, and the wearing of a driver s badge are normally important requirements in terms of public safety and reassurance. 2.2 They indicate to the travelling public that prior to being licensed both the vehicle and the driver have been subjected to checks to ensure their safety. 2.3 However, there are a small number of occasions when the requirement to display an external identification plate may have the opposite effect in terms of customer safety and could have commercial implications for the operating business. 2.4 The display of identification plates externally may also deter some corporate customers from using the service for security reasons; and in some circumstances the identification of the vehicle as a licensed vehicle may allow high risk passengers i.e. dignitaries, VIPs, etc, to be more readily targeted, putting both them and the driver at risk. 2.5 This Council has no policy in place to consider applications for such an exemption. 3.0 Key Issues 3.1 Research has indicated those Councils that consider exemptions do so for individual vehicles only and not on a fleet basis; and take into account some or all of the following factors: The make and model of the vehicle; The type of work undertaken by the private hire vehicles [when considering the use of the vehicle, Councils do not grant an exemption if it can be shown that the number and length of journeys for regular private hire work account for at least 50% of the work carried out by the vehicle]; How the work differs significantly from that of regular private hire work; The type of customer; The number of regular private hire journeys carried out by the vehicle; Any relevant history of the applicant in respect of breaches of condition or legislation; The cost of a vehicle is not sufficient reason alone for requesting an exemption; vehicles must be of a high specification standard; 3.2 Where Councils grant an exemption the Council will/may require one or more of the following to apply: The Council will issue a written notice setting out the details of the exemption i.e. the private hire plate number and registration details etc which must be carried in the

3 vehicle at all times when being used for hire and reward (Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976); The vehicle may be required to display a smaller less conspicuous plate, on the rear of the vehicle (often referred to as an Executive Plate ); The vehicle may be required to display a small identifying discrete plate in the style of a tax disc or similar in the windscreen near to the vehicle duty licence; In all cases the requirement to display a driver s badge is dispensed with if an exemption is granted, however drivers will be required to adhere to a dress code; The display of No Smoking stickers inside the vehicle is subject of other legislation and remains a condition of any exemption granted. 3.3 If Members approve the proposed private hire vehicle plate exemption policy an operator will be required to comply with the conditions outlined at Appendix 2 of this report. 4.0 Financial Implications 4.1 The Council is entitled to recover its costs relating to the administration of applications for an exemption notice and the issue of the exemption notice when it is granted. 4.2 The fee for an exemption notice or replacement notice will be The level of demand for these notices is not yet known but is likely to be very low. 4.3 Such fee must accompany an application for an exemption notice. (AK/ /A) 5.0 Legal and Policy Implications 5.1 Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 requires that private hire vehicles display an external identification plate. Section 54 of the 1976 Act provides drivers of those vehicles wear a driver s badge. 5.2 Section 75 of the same legislation allows the Council to exempt vehicles from the need to display an identification plate and, where that exemption applies, the requirement for the driver to wear a private hire driver s badge. 5.3 It is not intended that a large number of private hire vehicles licensed by the Council should be exempt from the Council s requirement to display an external identification plate; however, the Council recognises that there may be circumstances when it would be appropriate for vehicles operating the type of service to be considered suitable for such an exemption. 5.4 In creating its policy Wolverhampton City Council would not seek to provide a definitive list of vehicles it considers to be suitable (subject to use) for exemption from the requirement to display external identification plates. 5.5 This proposed policy provides guidance to potential applicants on the standards of vehicle comfort and equipment that the Council considers should be the minimum standard of comfort and vehicle type before the Council would consider such an application. This policy should be read in conjunction with the Council s existing policy relating to private hire vehicles and establishes additional criteria that the Council (and its

4 officers) will take into account when determining applications for a private hire vehicle to be exempt from displaying external identification plates. 5.6 A copy of the proposed Policy was placed on the Agenda for discussion with the Taxi Trade at their meeting in January (SH/ /J) 6.0 Conclusion 6.1 The Council s present licensing policy does not allow for vehicles to be exempt from displaying identification plates. However, the Council can expect to receive formal applications for exemptions from specialist operators providing Executive type hire facilities. When it does receive such applications it is important that the Council determines them in a consistent manner and against an agreed policy. 7.0 Equality Implications 7.1 There are no equal opportunities implications. 8.0 Environmental Implications 8.1 There are no environmental implications. 9.0 Background Papers 9.1 Licensing Report Private Hire Conditions Taxi Licensing by J T H Button

5 APPENDIX 1 PRIVATE HIRE VEHICLE EXEMPTION FROM DISPLAYING PLATES THE POLICY Exemptions from displaying external identification plates (vehicle licence plates) may be in respect of individual vehicles only. Applications for exemptions relating to a fleet of vehicles will not be allowed. Each application will be assessed on its own merit and each vehicle will be inspected by an authorised Council Officer to ensure that it is fit for purpose. Applications for exemption from the requirement to display an external identification plate on the rear of a private hire vehicle may be considered where the following requirements are met: Vehicle models must be four door saloons; Vehicles must be under 6 years old when first presented for licence. This is in line with the current age criteria for Private Hire Vehicles; There may be exceptions to age criteria due to the type of vehicle i.e. Rolls Royce, Bentley etc however a full service history would be required; Vehicles may be of any colour; Vehicles must be of a standard of comfort and equipped to a level equal to or above luxury brands of vehicles such as S and E Class Mercedes Benz, 7 Series BMW, Lexus GS or LS models, Audi A8 series, Rolls Royce and Bentley saloons. (The highest specification executive type cars from other manufactures may also be considered); The vehicle will be in pristine condition with no visible defects, dents or blemishes to the external bodywork or internal trim and seating; The type of work undertaken is Executive in nature. This means that the vehicle is used specifically to provide transport under a written contract to a company or person, or by the type of clients who for security or personal safety reasons would not want the vehicle to be identifiable. Applications may only be made by a person holding a private hire operator s licence issued by Wolverhampton City Council. Where a proprietor wishes to make an application for a vehicle to be exempt from displaying an external identification plate they will be required to complete the appropriate application form. The application form will be accompanied by documentation that supports the application. The Council may require applicants to provide any additional documentation as reasonably necessary to allow the Council to make an informed decision. Where such documentation is not provided to the satisfaction of the Council the application will be refused. Wolverhampton City Council is entitled to recover its costs relating to the administration of applications for an exemption notice and the issue of the exemption notice where applications are granted. The fee must accompany an application for an exemption notice.

6 Where an application is granted and a vehicle is exempted from displaying its external identification plate an exemption notice will be issued as soon as practical after the decision is made. A copy of an exemption notice can been seen at Appendix 3. Where a vehicle is exempted from the requirement to display an external identification plate the vehicle will also be exempted from the need to display the internal licence plate, door or roof signs. Exemption notices may be renewed annually subject to the vehicle undergoing a re-inspection by the Licensing Manager or Section Leader to ensure that it continues to be fit for purpose. The fee for an exemption notice or a replacement notice will be The authority to determine any application for an exemption notice is by virtue of this policy delegated to the Council s Licensing Manager or Section Leader. In the event of an applicant being dissatisfied with the decision of the officer, the applicant may make a written application for a review of the decision by the Licensing Sub-Committee. Other than where to do so would conflict with the requirements of this policy, all vehicles granted an exemption notice must, in addition to the requirements of this policy, comply with the requirements for private hire vehicles contained within the Council s Private Hire Handbook.

7 APPENDIX 2 PRIVATE HIRE VEHICLE EXEMPTION FROM DISPLAYING PLATES LICENCE CONDITIONS The below conditions apply to all private hire vehicles granted an exemption by Wolverhampton City Council from the requirement to display an external identification plate, and are in addition to the criteria and conditions set out in Wolverhampton City Council s Private Hire Handbook. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) The identification plate and exemption notice provided by the Council pursuant to requirements of the Local Government (Miscellaneous Provisions) Act 1976 shall remain the property of the Council. Any vehicle granted an exemption from displaying an external identification plate will be required to have the identification plate normally displayed on the rear of the vehicle affixed to the inside of the boot lid. The plate when so affixed must be readily visible when that boot lid is raised. In the event of loss or damage rendering such plate or notice unserviceable the proprietor shall make immediate application for a replacement for which a fee is payable. The exemption notice issued by the Council will be carried in the vehicle at all times and will be produced upon request to an authorised officer of the Council or any Police Officer. When issued with an exemption notice, the vehicle will not be required to display any other signs (including the internal licence plate, door or roof signs) which the Council may at any time require private hire vehicles to display. The proprietor will not display in, on or from the vehicle any advertisement, signage, logos or insignia advertising the operating company or the vehicle s status as a private hire vehicle. During the period of the exemption notice, the driver shall not be required to wear the private hire driver s identification badge but will have it available for immediate inspection by an authorised officer of the Council or any Police Officer on request. During the period of the exemption notice the driver of the vehicle, whilst engaged on private hire work, will be smartly dressed in either a formal chauffeur s uniform or a business suit with collar and tie. The proprietor shall, within 2 days notify the Council of any change in the use of the vehicle. The proprietor shall not use the vehicle for private hire purposes other than for executive use (i.e. not for daily private hire use or regular pick ups from pubs and clubs). The glass of the driver and passenger s front side window and the front windscreen must be clear. However, tined windows can be fitted to the side and rear window glass of the vehicle provided that they comply with current legislation.

8 (l) (m) The exemption will cease to have effect on selling or transferring the vehicle to another party. The person to whom the exemption is granted must inform the Council of the sale/transfer of ownership within 2 days and in writing, and provide details of the new owner. The exemption notice must be returned to the Council along with the private hire vehicle identification plate unless being sold to another private hire operator licensed by the Council; in which case, only the exemption notice has to be returned. A taximeter will not be installed in the vehicle.

9 APPENDIX 3 Proprietor/Operator Address Date NOTICE OF EXEMPTION FROM DISPLAYING WOLVERHAMPTON CITY COUNCIL PRIVATE HIRE VEHICLE PLATE PV... In accordance with section 75(3) Local Government (Miscellaneous Provisions) Act 1976 Private Hire Vehicle Licence No... Vehicle Registration No.. is exempt from displaying an external licence plate and the requirement for the driver to wear a Private Hire Vehicle Driver s badge by reason of Council policy approved by Members of the Licensing Committee on... Licensing Services Manager/Section Leader Regulatory Services