PAPER B

Committee :    HACKNEY CARRIAGE WORKING PARTY

Date :              4 APRIL 2002

Title :              THE ISSUE AND RE-ISSUE OF ‘D’ PLATES ON HACKNEY CARRIAGE VEHICLES

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION

SUMMARY

A request has been received by the Taxi Trade Association to discuss the issue and re-issue of ‘D’ plates on Hackney Carriage Vehicles where a licence has been granted for a vehicle which had a swivel seat fitted as part of the Council’s licence conditions.

BACKGROUND

1         The Working Party will be aware that from 24 May 2001 the Council’s Executive resolved that deregulation be agreed in favour of suitably adapted vehicles for disabled use with a condition that the Licence only relates to the vehicle in question and cannot be transferred to any other vehicle, other than a replacement suitably adapted vehicle.

2         For administrative and enforcement reasons these vehicles had a Council identity plate issued with a prefix letter ‘D’ and then the number. This also assisted the trade in identifying these vehicles.

3.        There are currently 8 licensed vehicles displaying these plates with one new licence for the Cowes zone for this type of vehicle not yet taken up by the applicant. This was granted under delegated authority in August 2001.

4.        From September 2001 no further Licences have been granted to vehicles where the only adaptation was a front passenger swivel seat.

FINANCIAL IMPLICATIONS

There should not be any financial implications from discussion on ‘D’ plates unless it is proposed to remove the additional condition attached to these Licences.

LEGAL IMPLICATIONS

1.        The Working Party’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole.

2.        This matter should be considered against a background of the implications of the Human Rights Act 1998.

OPTIONS

(i)        Remove the special condition completely thus making the need to keep a swivel seat in the vehicle unnecessary.

(ii)       Inform Licensees with D plates that there will be no change to existing conditions.

(iii)       Any other option the Working Party consider reasonable.

ADDITIONAL INFORMATION

(1)       Should option (i) be approved this would result in the need to supply a swivel seat for the disabled in these vehicles unnecessary.

(2)       The Licensees who have the additional condition attached to their Licence would have the right of appeal if the Council removed this condition and imposed another;-

           (i)        To the Isle of Wight Magistrates’ Court, and if unsuccessful to the Crown Court.

           (ii)       To the European Court of Human Rights.

           (iii)       Possibly if the Council’s consultation process was flawed, leave to seek a judicial review.

(3)       The justification for any appeal could be that the Council could appear to be imposing an extra expense on some, but not all, of the Trade, and preventing enjoyment of the existing Licence under the Human Rights Act.

Contact Point :           John Murphy, Senior Licensing Officer ☎ 823152

J PULSFORD

Strategic Director of Finance and Information