Agenda item

(A report by Fiona White, Principal Licensing and Land Charges Officer)

The Principal Licensing and Land Charges Officer presented a report, which asked the Committee to adopt a revised wheelchair accessible vehicle specification for hackney carriage and private hire vehicles.

It was recommended that the revised specification, attached at Appendix B, be adopted with the inclusion of an amendment to specify a 3-point seat belt system and an additional condition for ramps to be indelibly marked with vehicle registration numbers.  The Committee was also asked to note that the Principal Licensing and Land Charges Officer would carry out the outstanding previously delegated tasks listed at paragraph 3.1 of the report.  

Provisions of the Equality Act 2010, in respect of wheelchair accessible hackney carriages and private hire vehicles, commenced on 6 April 2017.  The provisions allowed a licensing authority to create a list of “designated vehicles” which were capable of carrying passengers in wheelchairs (section 167) and then required drivers of those vehicles to provide mobility assistance (section 165).

On 13 June 2017, the Committee had resolved to introduce a list of wheelchair accessible vehicles; approved draft amendments to the specification for wheelchair accessible vehicles; and adopted a procedure for applying driver exemptions from carrying a passenger in a wheelchair.

The Committee also delegated a number of tasks to the Principal Licensing Officer, which had been undertaken, including:

·         Notifying proprietors of identified vehicles and advising them that the authority proposed to include their vehicle on the authority’s list of designated vehicles. 

·         Consulting vehicle proprietors and other relevant parties on the amendments to the specification for wheelchair accessible vehicles.

The Committee was now requested to adopt the revised wheelchair accessible specification, with suggested amendments, one being a result of consultation, and note that the outstanding tasks, delegated to the Principal Licensing and Land Charges Officer, would be undertaken.

All of the borough’s vehicles had 3-point seat belts, but it was considered prudent to make this explicit in the policy.  If the Committee was minded to adopt it, it was recommended that the condition regarding securing passengers be amended to say a“3-point seat belt system”. 

A further change, which would not be problematic and would be at no cost to the trade, was to add a condition to require ramps to be indelibly marked with the vehicle’s registration number to ensure that they could not be moved from one vehicle to another.  In addition, the condition would state that they did not have grandfather rights.  It was noted that registration numbers rather than plate numbers should be used, as these could change if a vehicle went from a being hackney carriage to a private hire licence or vice versa.

Members asked various questions.  In response, the Principal Licensing and Land Charges Officer explained that the requirement to mark ramps was necessary because the Council’s policy stated that all Hackney Carriage vehicles of more than four passengers must be wheelchair accessible and if a vehicle did not have a ramp then it was not wheelchair accessible.  It would not cost proprietors anything.  They had to have a ramp for each vehicle and this would make it easier to administer if the ramps were marked.  It would be possible to use indelible ink. 

The Principal Licensing and Land Charges Officer confirmed that there could be an accident if the wrong ramp was used.  Ramps were often universal, but the way one attached to a vehicle was specific to that ramp.  The Council’s wheelchair was used to enable taxi drivers to demonstrate that they knew how to strap people in and ensure that the wheelchair fit into the vehicle.

A Member commented that the strictest guidelines had to be applied for safety; the wheelchairs had to fit in and the public had to be protected and ramps had to be dedicated to that vehicle. 

The Principal Licensing and Land Charges Officer described the well-known system for anchoring wheelchairs and explained that the wheelchair and the person were secured separately from each other.

RESOLVED:

1.    That the revised wheelchair accessible vehicle specification attached at Appendix B be adopted with the recommended amendment, outlined at paragraph 2.3 of the report, that the requirement for securing an occupant in a wheelchair be amended to a 3-point seat belt system, and an additional condition to the effect that ramps be indelibly marked with the vehicle’s registration number with no grandfather rights.

2.    That it be noted that the Principal Licensing & Land Charges Officer will carry out the outstanding previously delegated tasks listed at paragraph 3.1 of the report.