Purpose: For Decision
Committee: OVERARCHING REGULATORY COMMITTEE
Date: 5
JULY 2005
Title: TO REQUEST ADOPTION OF A
POLICY WITH RESPECT TO THE SEATING CAPACITY OF WHEELCHAIR ACCESSIBLE HACKNEY
CARRIAGES
REPORT OF THE HEAD OF CONSUMER PROTECTION
1. In
order to promote consistency in officer decisions the adoption of a policy with
respect to the permitted seating capacity of purpose built wheelchair
accessible taxis and other similar type vehicles used as hackney carriages is
sought.
2. A request to licence a Peugeot Eurocab type taxi to seat seven passengers including a passenger beside the driver was refused by the Principal Licensing Officer in early 2004. The Licensing Committee heard an appeal against this decision on 16 March 2004. The Licensing Committee overturned the officers’ decision and granted the request. In order to promote consistency, as other vehicle operators are making similar requests, a policy decision is sought. .
3. The FX and TX type vehicles
(London-style cabs), along with the MetroCab and other wheelchair accessible
vehicles, meeting the specification outlined in the Council’s policy are
currently licensed for up to a maximum of six passengers. This ensures that the
space next to the driver can be used for luggage where necessary and give
further protection to the driver’s safety.
4. The rationale behind licensing such vehicles is that the service is both accessible and safe. Public safety is paramount in the licensing of vehicles, operators and drivers. Passengers need to be able to enter and exit safely. Hackney carriages and private hire vehicles provide a service for the public.
5. The Isle of Wight Council
currently license Eurotaxis for six passengers. When licensing the vehicle, in
line with other similar vehicles, the Principal Licensing Officer requests the
supplier not to fit the front seat. If the vehicle is second hand with a seat
fitted in the front the proprietor is requested to remove the seat. This is to allow space for luggage as it is
believed there is not adequate space in the boot of these vehicles.
7. The Isle of Wight Council
may use byelaws to regulate matters relating to hackney carriages.
8. Byelaws for the former
borough of South Wight and the former borough of Medina state that “the driver
of a hackney carriage so constructed as to carry luggage shall, when requested
by any person hiring or seeking to hire the carriage, (a) convey a reasonable
quantity of luggage…”
9. There is currently no policy on whether
the front seat may or may not be installed.
10. The Isle of Wight Council will consider
each application on its individual merits.
The decision of the Council will be made in order to safeguard public
welfare; and to protect the health, safety and economic wellbeing of customers
in accordance with the Consumer Protection Service Plan 2005-2006.
11. The Police have no comments to make on
this matter.
12. The
Principal Road Safety Officer has no comments to make on this matter.
13. A
copy of this report has been forwarded to the Isle of Wight Taxi Proprietors
Association.
14. Broadly, Council expenditure on Licensing matters, in particular those which are administered and enforced through Consumer Protection, balances income received from licence fees.
15. The Town Police Clauses Act 1847 Section 68 and Town Police Clauses Act 1889 Section 6 permit the making of Byelaws along with Section 171 of the Public Health Act 1875 with respect to Hackney Carriages.
16. The Council’s Hackney Carriage Byelaw
no.3 (g) is set out below:-
“Provide means for securing luggage
if the carriage is so constructed as to carry luggage.”
17. Local Government (Miscellaneous
Provisions) Act 1976 Part II, Licensing of Hackney Carriages – Section 47(1)
allows the Council to attach conditions, which they may consider reasonably
necessary.
IMPLICATIONS UNDER THE CRIME AND
DISORDER ACT 1998
18. Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.
IMPLICATIONS UNDER THE HUMAN RIGHTS
ACT 1998
19. Members are advised that
this application must be considered against a background of the implications of
the Human Rights Act 1998.
There are three
convention rights which need to be considered in this context:-
a) Article 6 - Right to a fair trial
In the determination of his civil
rights and obligations or of any criminal charge against him, everyone is
entitled to a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law.
It has been held that the fact that
there is a right of appeal to the magistrates’ court from any decision of the
Panel is sufficient to make the Council’s licensing system compliant with the
convention rights.
b)
Article 8 - Right to respect for private and family
life.
Everyone has the right to respect
for his private and family life, his home and his correspondence. In the case of article 8 there shall be no
interference by a public authority with the exercise of this right except as such
in accordance with the law and is necessary on a democratic society in the
interests of national security, public safety or the economic wellbeing of the
country, for the prevention of disorder and crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.
c)
Article 1 of the first protocol – protection of
property.
Every natural or legal person is
entitled to the peaceful enjoyment of his possessions. In the case of Article 1
of the first protocol it states that “no one shall be deprived of his
possessions except in the public interest and subject to the conditions
provided for by law and the general principles of international law. The preceding provisions (of which articles
6 and 8 are but two) shall not however in any way impair the right of the state
to enforce such laws as it deems necessary to control the use of the property
in accordance with general interest or to secure the payment of taxes or other
contributions or penalties”.
20. The Committee needs to be
clear as to the rights granted and the need to ensure that the reasons given
for any interference are proportionate and in accordance with the Council’s
legitimate aim.
21. To
adopt a policy which grants a licence for the maximum number of seats supplied
by the Manufacturer which complies with all other legislation.
22. To
adopt a policy which restricts the seating capacity to six passengers within
the passenger compartment of the vehicle, allowing room for luggage in the
front.
23. Implications
under the Human Rights Act and the Local Government (Miscellaneous Provisions)
Act Part II Section 61(1) have been considered by Officers.
24. The
policy will apply to all of the following vehicles where there is a partition
that clearly separates the driver from the passengers;
All vehicles of similar design to the vehicle
commonly known as the ‘London Cab’;
FX, TX and other wheelchair accessible hackney
carriages such as Metrocab;
All approved multi-purpose vehicles and other
conversions with low volume build or full M1 Type Approval Certificates by the
Vehicle Certification Agency.
The Policy is considered to be reasonably necessary
for the following reasons:
A driver of a hackney carriage must be able to convey
a reasonable quantity of luggage.
The safety of passengers conveyed in; or entering; or
alighting from a hackney carriage is of paramount importance.
A facility must be provided for securing luggage.
The space next to the driver allows for luggage to be
carried safely and contributes to driver and passenger safety.
25. The Policy will apply to private hire
vehicles and hackney carriages
26. Any appeal against this condition should be made direct to the Isle of Wight Magistrates Court.
|
RECOMMENDATION 26. i To adopt a policy restricting the seating capacity to
six passengers within the passenger compartment of the vehicle type, as
specified below, thereby allowing room for luggage in the front of the
vehicle : All vehicles of similar design to the vehicle
commonly known as the ‘London Cab’; All FX, TX and other wheelchair accessible hackney
carriages such as Metrocab; All approved multi-purpose vehicles
and other conversions with low volume build or full M1 Type Approval
Certificates by the Vehicle Certification Agency. ii Any such vehicle currently licensed for seven passengers to
be for that particular vehicle only. |
APPENDICES
ATTACHED
28. Mr Pritchard’s letters.
29. As attached.
ADDITIONAL INFORMATION
30. An appeal has been received from Mr D Pritchard, Queens Keep, East Hill Road, Ryde, Isle of Wight against the decision to refuse to increase the seating capacity of his purpose built taxi so that a passenger can be accommodated next to the driver.
31. A copy of Mr Pritchard’s case is set out at Appendix 1.
Contact point: John Murphy, F 823152
ROB
OWEN
Head
of Consumer Protection
