Agenda item

PURPOSE

 

To consider the current licensing requirements for vehicles with 5 - 8 seats.

 

RECOMMENDATION

 

Members are requested to decide on one of the following options –

 

1. To retain the existing 5-8 Passenger vehicle passenger check currently adopted by Monmouthshire County Council.

 

2. To retain the existing 5-8 Passenger vehicle passenger check currently adopted by Monmouthshire County Council and also include the requirement - Any entrance / exit gap between the seat and door pillar must accommodate an adult passenger and allow them to pass freely, therefore any gap must exceed 350mm in width.

 

3. Members remove item 1 – No seats shall be moved to allow any passenger to enter or egress the vehicle and remove from item 7 the line – There must be a clear passageway to each row of seats from the existing 5-8 Passenger vehicle check.

 

4. Members remove the requirement for further checks of 5-8 Passenger vehicles entirely from the current conditions.

 

5. If the existing policy is altered, then the revised policy goes out on consultation to the taxi trade for comment and input.

 

KEY ISSUES

 

In the interest of passenger safety a report was submitted to the Licensing and Regulatory Committee in July 2002, recommending that Members approve conditions relating to the carrying of 7-8 passengers. The condition required all licensed hackney carriage and private hire vehicles to provide direct access and egress to a door for all passengers. This condition was approved and then updated on the 15th March 2010 to include vehicles

carrying more than 4 passengers.

 

A further report was then submitted to the Licensing and Regulatory Committee on the 17^th June 2014 following a request from the trade to reconsider its current policy, specifically to remove the condition that requires access and egress without the need to move another seat for 5-8 passengers. At this hearing Members rejected the request of the trade and in the interest of public safety retained this condition. This was further upheld and continued

to remain in force when the taxi and private hire policy was revised on 1st April 2016 and 13th September 2016, following consultation with the trade. The 5-8 Passenger vehicle check criteria within the current taxi and private hire policy of Monmouthshire County Council.

 

In July 2017 a request was received from a taxi proprietor asking the Authority to reconsider its current policy, specifically to remove the condition that requires access and egress without the need to move another seat. The driver specifically refers to his vehicle being classed as a minibus and not a Multi-Purpose Vehicle, (MPV).

 

The request made to review the policy is made in relation to the vehicle purchased by the proprietor of a Ford Tourneo Custom. The proprietor has supplied the EuroNCap report, which is the safety test required for every vehicle before a vehicle is able to be sold to the public, for consideration.

 

It is recognised that the safety of the vehicle is not put into question, a person will purchase a vehicle for personal use for their individual needs. The policy was put in place by Monmouthshire County Council to cater for varying aspects of usage by persons of different ability, age and accidents. The choice of vehicle and criteria on behalf of the public is decided by Monmouthshire Council when a plate is issued. Section 47 and 48 of the Local Government (Miscellaneous Provisions) Act 1976 permits an authority to attach a condition they consider reasonably necessary for hackney carriages, which can include the conditions permitted for private hire vehicles, whereby type, size, design, safety and its comfort can be a factor before a vehicle is issued with a licence.

 

Following this request, on 8th August 2017 consultation was conducted with the Welsh Licensing Expert Panel for all Welsh Authorities to consider the criteria for 5-8 vehicle checks. Four Authorities replied, namely Caerphilly, Ceredigion, Merthyr and Powys who stated they do not have special criteria of testing of 5-8 vehicles. However, Ceredigion do have conditions for accessibility of a vehicle if seats are adapted for wheelchair use.

Previous enquiries with neighbouring Authorities is summarised in Appendix four, with Torfaen and Blaenau Gwent currently requiring access and egress without the need to move another seat.

 

Similarly, in 2014 Powys County Council submitted a report to their Licensing Committee with regards to their policy on passenger safety (report attached as appendix five). The report referred to an appeal by a Hackney Carriage Proprietor in November 2003 to the Magistrates Court against the decision of the Council not to licence the full seating capacity of his MPV. The magistrates upheld the decision of the Council. Powys referred to a

survey within this report which revealed that the Authorities retaining a policy on requiring direct access to all seats without the need to lower the back of a seat are now in the minority. Powys Council at that time decided to remove this condition.

 

As requested by the proprietor we have viewed the conditions attached to vehicles licensed by English Authorities to get a more national approach.

Herefordshire County Council have the following condition attached

 

Unobstructed access to all emergency doors or exits. (Seats must be located to facilitate this).

The following is also in addition to all other conditions and applies to mini buses and MPVs that are licensed as private hire vehicles and taxis:

 

The vehicle must have at least two doors to the rear of the driver for the exclusive unobstructed use of passengers. Wakefield Council insists on a minimum of two means of exit from the passenger compartment behind the driver. The exits must be free of any obstructions and reachable from all parts of the rear passenger compartment. Any entrance / exit gap between the seat and door pillar must accommodate an adult passenger and allow them to pass freely therefore any gap must exceed 350mm in width.

 

The Royal Society for the Prevention of Accidents (ROSPA) issued Minibus Safety, A Code of Practice in August 2015. With regards to accessibility it states on page 45 of the document

 

It is vital that passengers can easily board and leave the vehicle during normal use, and in an emergency. Every passenger mush have easy access to the doors, which should be kept unlocked. Gangways must be kept clear of luggage at all times.

 

Good accessibility also means that passengers should be able to enter and exit the vehicle comfortably.

 

On 15th September 2017, a site visit to Raglan Depot was arranged for Members of the Licensing and Regulatory Committee to view several vehicles licensed by Monmouthshire with seating capacity between 5-8 passengers. Of those vehicles were ones which could be licensed for the full asking capacity of 8 seats and some which would be granted a lesser capacity due to seats not having enough egress capacity. Following this site meeting the proprietor requesting the change in conditions for seating capacity submitted further

information and to assist photographs of the vehicles are also submitted.

.

It was noted by Members at the site meeting that the acceptable gap for egress from a vehicle without the need of a seat being folded was at the discretion of the Officer inspecting that vehicle, and this may also need to be taken into consideration of whether to adopt a minimum width of 350mm, as adopted by Wakefield in 3.8 above, should the decision be taken to retain the 5-8 passengers testing criteria.

 

Monmouthshire currently licence 108 vehicles, (45 Hackney Carriage, 63 Private Hire) that are licenced to carry between 5 and 8 passengers. Out of the 108 vehicles 27 were refused the passenger capacity they requested as it failed to meet the standards of the 5-8 passenger testing criteria conditions currently adopted by Monmouthshire Council.

 

MEMBERS COMMENTS

 

The Councillors which attended the Raglan depot were invited to speak first, during discussion the following points were raised;

 

·         Concerns were raised regarding vehicle access and it was felt there was insufficient room to exit the vehicle easily, especially in the event of an accident.

 

·         On the day of the demonstration at the Raglan Depot the owner of the vehicle who has experience of lifting the seat had difficulty moving the seat, which suggested to Members that an inexperienced person would find it incredibly difficult to do this.

 

·         A Member commented that in the event of an accident it is impossible to predict where on the vehicle the impact would take place, highlighting the essential necessity to have easy access/egress from all seats in the vehicle.

 

·         The Officers were thanked by a Member for their work on this issue and for arranging the demonstration of the vehicles to allow Members to witness in person the access/egress from the vehicle.

 

·         A Member spoke of their number one priority being public safety and as such could not support changing the Council’s policy.

 

·         A Member who has experience of driving buses commented that it was essential that nothing obstructed the emergency exit and that safe exit is vital.

 

·         It was asked if the policy was changed to license this vehicle, would the Council be liable in the event of an accident and was answered by Officers that the liability would be with the vehicle owner.

 

 

Subsequent to the Member’s comments Mr Watkins, the owner of the vehicle the Members witnessed at Raglan depot was invited to speak.

 

Mr Watkins raised the following points;

 

·         The vehicle is not one he would buy for his family, he specifically bought it as a taxi vehicle.

 

·         The vehicle is lower on emissions than older vehicle which have a private hire license.

 

·         This vehicle has a step which allows easy access/egress.

 

·         It is unfair to run through hypothetical crash scenarios, as have other MCC vehicles been crash tested?

 

·         If he had been aware of MCC’s policy he would not have purchased the vehicle.

 

In response to Mr Watkins, the Head of Public Protection replied with the following comment;

 

 

·         In terms of taxi policy, Appendix One was sent to Mr Watkins at his request which clearly states MCC’s position on vehicles of this size.

 

It was proposed by County Councillor j. Higginson and seconded by County Councillor D. Evans to retain the existing 5-8 Passenger vehicle passenger check currently adopted by Monmouthshire County Council.

 

Upon being put to the vote this was unanimous.

 

Mr Watkins was informed that he 21 days to appeal this decision at a Magistrates Court.