COUNCIL Agenda No. CYNGOR CAERDYDD

PUBLIC PROTECTION COMMITTEE: 4 October 2011

Report of the Head of Regulatory and Supporting Services

REVIEW OF AND PRIVATE HIRE VEHICLE REQUIREMENTS.

1. Background

1.1 The Authority’s vehicle licence conditions have substantially been in place for many years but have been subject to many piecemeal minor amendments. In recent times concern has been expressed by responsible authorities and the public of Cardiff about the standard of hackney carriages being used in the City. It has therefore been thought appropriate to review the issue.

1.2 Licensing legislation gives local authorities the duty to ensure that the vehicles it licences for the purpose of hire and reward are of a suitable type to provide a safe and comfortable service.

1.3 The report details the findings following a review of vehicle conditions for the information of members and provides a number of options for possible further consideration.

2. Cardiff Hackney Carriage and Private Hire Vehicle Conditions.

2.1 Under the Council’s current vehicle licence conditions for Hackney Carriages and Private Hire Vehicles, three different standard classes of vehicles are recognised for the purpose of licensing:  Saloon cars or MPVs;  Prestige vehicles;  Purpose built vehicles.

Purpose built hackney carriages include those vehicles which meet the Metropolitan and one off suitably adapted vehicles which are licensed on their individual merits. All vehicles must be right hand drive with four doors and must meet certain criteria and licence conditions. The differences between the standard classes are summarised in the following table:

Specification Saloon Car Prestige Purpose Vehicle Built

Maximum age at first application 25 months Under 10 Under10 years years Maximum permitted age 6 years 10 years 10 years Age at which it may be annually Until 4 years Until 4 years 10 years tested Headroom Minimum 32 Minimum 32 N/A inches inches Rear Leg room Minimum 30 Minimum 30 N/A inches inches Rear Seat Depth Minimum 18 Minimum 18 N/A inches inches Rear Seat Width Minimum 54 Minimum 54 N/A inches inches Central Door Locking System No No Yes Required

2.2 On application for recognition of a new vehicle type, Licensing Enforcement Officers inspect the vehicle to ensure that they meet standards and a list of approved vehicle types is maintained by the licensing authority.

2.3. Purpose Built Vehicles

In order to be classified as of a purpose built type a vehicle type must be type approved as a passenger carrying vehicle by the relevant type approval national authority in accordance with EEC legislation. It must be capable of carrying a passenger in a wheelchair in comfort and safety. A vehicle of the type must also be inspected by members of the Committee to determine if it is suitable for use as a purpose built type vehicle in Cardiff. In considering the appropriateness of a vehicle as purpose built for use as a hackney carriage the Committee consider the safety and suitability of the vehicle for the purpose and in particular consider the:

 type, size and design of the vehicle  ease of access and egress to and from the vehicle  use of the vehicle by passengers in wheelchairs  the storage of any necessary equipment such as ramps  suitability and comfort of the seating arrangement  provision for fitment of a taximeter  suitability of the roof sign  capacity and suitability of the luggage compartment

Currently there are a number of vehicles classified as purpose built for the purposes of licensing as hackney carriages in Cardiff which are detailed in section 7.4 of this report.

2.4 Saloon/MPV Vehicles A list of approved vehicles is maintained at the Licensing Office. Vehicles not on the list may only be approved if they meet the specifications summarised in the table in 2.1. In the case of applications for minibus type vehicles, in calculating passenger capacity, only one seat in the front row should be utilised for the conveyance of members of the public, so as to ensure the safety and comfort of both the public and the driver.

2.5 Prestige Vehicles

The prestige vehicle classification was introduced to encourage prospective vehicle purchasers to obtain vehicles which would provide the public with the most appropriate vehicle for the purposes of hire and reward. The prestige class does not mean that the vehicle is classed as what the motor trade may regard as prestige, but simply that it is of a type that would make it good for use for hire and reward. Before being awarded prestige status the vehicle is inspected by Committee Members and assessed against the following criteria:

 ease of access and egress to and from the vehicle;  external appearance;  internal passenger space and comfort;  Quality of the interior seating, fitments and equipment; and  capacity and suitability of the luggage compartment

Details of those vehicle types which have been granted prestige status are attached as Appendix A.

Only 13 vehicle types have been refused prestige status and none have been refused since 5 July 2005.

3. Composition of Cardiff’s Fleet of Licensed Vehicles (As at August 2011)

3.1 Currently 244 vehicle types are approved suitable for a grant of a licence. Of these vehicles, 114 are classified as prestige, 45 are classified as purpose built, and the remaining 85 are saloon/MPV type vehicles.

3.2 The current hackney carriage fleet is comprised of around 50 different types of vehicles, details of the most popular of which are provided in the following table.

Make Model Number %age Volkswagen Passat 188 19.6 Peugeot E7s 176 18.4 Fiat Doblo 151 15.8 Taxis TX 37 3.8 Ford Mondeo 32 3.3 Fiat TW220 28 2.8 Vauxhall Vectra 28 2.8 Toyota Avensis 28 2.8 Volkswagen Sharan 24 2.5 Fiat Scudo 19 1.9 Peugeot Eurobus 16 1.7 Rover 600 series 13 1.3 Vauxhall Omega 12 1.2 Mercedes CSeries 11 1.1 Skoda Octavia 11 1.1 Other vehicles 196 20.5

3.3 The fleet of private hire vehicles is comprised of over 60 different types of vehicles details of the most popular of which are provided in the following table.

Make Model Number %age Volkswagen Passat 150 18.1 Ford Mondeo 126 15.1 Vauxhall Vectra 100 12.0 Volkswagen Sharan 55 6.6 Skoda Octavia 36 4.3 Ford Galaxy 33 3.9 Seat Alhambra 28 3.3 Skoda Superb 26 3.1 Toyota Avensis 23 2.7 Vauxhall Omega 20 2.4 Mercedes C Class 18 2.1 Mercedes E Class 17 2.0 Fiat Doblo 16 1.9 Rover 75 14 1.7 Audi A4 12 1.4 Other Vehicles 180 21.7

3.4 The age profile of the fleet of licensed vehicles is detailed in the following table.

Hackney Carriage Private Hire Vehicles 2011 2010 2011 2010 Age No. %age %age No. %age %age Up to 1 year of age 6 0.6 3.8 19 2.3 4.2 2 years of age 21 2.3 7.0 34 4.1 7.1 3 years of age 38 4.1 9.1 42 5.1 11.5 4 years of age 126 13.5 13.6 98 11.8 12.7 5 years of age 107 11.4 18.7 119 14.4 15.3 6 years of age 175 18.7 14.4 120 14.5 16.5 7 years of age 129 13.8 13.5 133 16.0 14.8 8 years of age 141 15.1 7.9 120 14.5 10.5 9 years of age 100 10.7 7.6 74 8.9 5.2 10 years of age or over 89 9.5 4.4 70 8.4 2.3

4. Current Issues with Cardiff’s Fleet of Vehicles.

4.1 The table in 3.4 demonstrates that the majority of both hackney carriage vehicles and private hire vehicles are 6 years old or more. When comparing this year’s figures to last years, it indicates that the overall age of the fleet is increasing, with nearly 10% of hackney carriages now over the age of 10 years old compared with 4.4% the previous year. There has also been an overall reduction in the number of newer vehicles being licensed, with the current percentage of hackney carriages under a year old being 0.6% compared to 3.8% the previous year.

4.2 Cardiff’s Marketing and Tourism Service receive numerous complaints about hackney carriages operating in the City from tourists and visitors to the city who are used to different standards. The complaints concern the condition of hackney carriage vehicles.

4.3 Officers of South Wales Police have also expressed concern about the condition and age of hackney carriages in use in the city. In particular officers identify the continued use of aging Rover vehicles as not being appropriate to the needs of the Capital City of Wales.

4.4 Concern has been expressed by Licensing Enforcement Officers that many of the hackney carriages they are inspecting are in poor condition. In the last 6 months, 388 warnings have been issued in respect of taxis, many of which relate to poor vehicle conditions such as damaged bodywork, missing wheel trims and defective headlamps. This compares to 295 warnings in the same period last year.

4.5 Licensing Enforcement Officers intermittently perform joint taxi operations with South Wales Police, whereby vehicles are stopped and thoroughly checked. During the last operation in May 2011 a total of 79 vehicles were stopped and checked with the following results:

 26% were given a verbal warning  18% received a Stop Notice (prohibited to use vehicle until fault remedied and notice removed by an Officer)  15% received a Pre-Stop Notice (given a period of time to remedy the fault)  16% were referred to be considered by the Public Protection Committee  25% No Action taken

4.6 Operations such as the one described above highlight that the number of defective vehicles in the fleet is a significant problem. This could simply be that the vehicles are aging or badly maintained. The vehicle inspection regime was changed last year so that vehicles were no longer tested by Cardiff Bus but could be tested at any MOT testing station. While it is too early to assess the effects of this change, officers have been expressing concern about the poor standard of vehicles being presented for licensing in the last year.

4.7 The Draft Cardiff Night Time Economy Report produced by the Economy and Culture Scrutiny Committee, refers to research undertaken that notes that in the main taxis in Cardiff are an effective transportation service, however the reports states that: ‘research undertaken highlighted several issues relating to transportation, taxi quality and cost.’

5. Local Authority Guidance.

5.1 Licensing legislation gives local authorities a wide range of discretion over the types of vehicle that may be licensed. The Department of Transport (DfT) issued Taxi and Private Hire Vehicle Licensing: Best Practice Guidance to licensing authorities in March 2010. The guidance recommends that it is normally best practice for local licensing authorities to adopt the principle of specifying as many different types of vehicle as possible. Local authorities are encouraged to set down a range of general criteria, leaving it open to the taxi and PHV trades to put forward vehicles of their own choice which can be shown to meet those criteria. In that way there can be flexibility for new vehicle types to be readily taken into account. It is suggested in the guidance that local licensing authorities should give very careful consideration to a policy which automatically rules out particular types of vehicle or prescribes only one type or a small number of types of vehicle. For example, the Department believes authorities should be particularly cautious about specifying only purpose-built taxis, with the strict constraint on supply that that implies. But of course the purpose-built vehicles are amongst those which a local authority could be expected to license. Similarly, it may be too restrictive to automatically rule out considering Multi-Purpose Vehicles, or to license them for fewer passengers than their seating capacity (provided of course that the capacity of the vehicle is not more than eight passengers). 5.3 The guidance suggests that it is perfectly possible for an older vehicle to be in good condition. So the setting of an age limit beyond which a local authority will not license vehicles may be arbitrary and inappropriate. But a greater frequency of testing may be appropriate for older vehicles - for example, twice-yearly tests for vehicles more than five years old. However, Local licensing authorities may wish to note that a review carried out by the National Society for Cleaner Air in 2005 found that taxis were more likely than other vehicles to fail an emissions test. This finding perhaps suggests that emissions testing should be carried out on ad hoc basis and more frequently than the full vehicle test.

6. Comparison with other Local Authorities

In preparing the report, officers have contacted a number of other licensing authorities to establish the conditions they have adopted. The majority of local authorities choose to adopt their own criteria of vehicle age restrictions and type restrictions such as vehicles only being licensed from those on an approved list.

6.1 Hackney Carriage Type Approval Currently vehicles in Cardiff must meet size and dimension requirements in order to be included on the approved list, plus there is the prestige vehicle list as described earlier in this report. Cardiff currently has a mix of saloon and purpose built type vehicles.

A number of authorities including Reading, , & Manchester stipulate that hackney carriage vehicles must be a London Type Cab such as a TX1, TX2, Metrocab etc.

Manchester council state that ‘black cabs’ are instantly recognisable by prospective customers as taxis. This reduces the risk of the public using unlicensed vehicles and increases the public’s confidence in using taxis. Also the tight turning circle requirement which is met by these vehicles (which meet the Metropolitan Condition of Fitness) is beneficial in manoeuvring vehicles in the way of carrying out less 3-point turns or journeys around the block and the ability to use certain ranks without mounting the pavement or reversing into traffic.

Birmingham also licence London Type cabs but in addition now also licence the Mercedes Eurocab and Peugeot Euro 7, and any vehicle meeting their ‘minimum accepted standard’. It was felt that it would be ‘Best Practice’ to allow the hackney carriage trade to use alternative vehicles as long as they meet the required criteria.

Other authorities such as & specify that the taxi must be purpose built (not restricted to London type taxi but must be wheelchair accessible).

Those authorities that do not have an approved suitable vehicle list have a set of size requirements that must be met in order to be licensed.

6.2 Maximum Age for limits Maximum age limits for vehicle licensing vary considerably between local authorities; from a maximum of 5 years in Leicester to 12 years in Manchester. Many authorities do not specify any maximum age limits as in line with the DfT’s guidance.

A relatively small number of authorities have separate age limits for private hire and hackney carriage. For example has a maximum age of 8 years on private hire and 14 years for hackney carriage.

Many authorities have established an age limit over which new vehicles will not be licensed for the first time and this also varies between authorities. Some authorities do not specify a limit, whereas and specify 8 years.

A number of authorities including Swansea, Birmingham and Bristol are now requiring that hackney carriages at first licence must be brand new but not all specify a maximum age limit. This could not be applicable in Cardiff at present as no new hackney carriage licences are being issued due to the imposed limit.

6.3 Vehicle Testing Frequency At present, in Cardiff purpose built taxis are tested annually and non-purpose built vehicles are required to be tested annually until 4 years when they are then tested every 6 months. A vehicle licence is therefore only issued for 6 months for non-purpose built vehicles over the age of 4 years.

Bury Council have chosen not to stipulate age restrictions, however once a vehicle reaches 10 years old it must be tested 3 times a year and for each subsequent year. Manchester has a similar 3 test policy for vehicles over the age of 7 years.

Three tests is the maximum number of tests a local authority can require in 12 months.

Coventry Council requires hackney carriages over the age of 5 years and private hire vehicles over the age of 3 years to be tested twice a year.

6.4 Emission Standards The DfT guidance mentions that a review carried out by the National Society for Cleaner Air in 2005 found that taxis were more likely than other vehicles to fail an emissions test. This guidance suggests that consideration should be given to emission testing being carried out on ad hoc basis and more frequently than the full vehicle test.

Due to poor air quality standards in London all taxis are tested to ensure that they meet the Euro 3 emissions standards for nitrogen oxide and particulate matter 10. For many this has meant fitting the vehicle with an emission reduction system, or converting the vehicle to run on alternative fuels.

Manchester also have an emissions policy whereby vehicles currently licensed which are manufactured as Euro 1, Euro 2 or Euro 3 compliant, must maintain that emissions standard. Any hackney carriage vehicle which is over the age of 10 years must be Euro 3 complaint and remain complaint for as long as it is licensed.

6.5 Local Authority Comparison Conclusion It is clear that local authorities differ greatly in their approach to taxi licensing. There is little consistency amongst authorities with regards to vehicle age restrictions, frequency of testing or the type of vehicles that they licence. A summary of this comparison is detailed in Appendix B.

7. Possible Options to Improve the Hackney Carriage Fleet. At present the following points represent officer opinion, and do not include any observations from the trade or taxi representatives, which will be vitally important in any discussion on changes in relation to vehicle conditions/restrictions.

7.1 Amending current vehicle age restrictions Some people might argue that there is no need for the current maximum age of 25 months for the initial licensing of any new vehicle. Vehicle licences can of course be subsequently renewed and the vehicles used as hackney carriages and private hire vehicles well beyond that age. Consideration could be given to removing this restriction to therefore allow a vehicle to be capable of being licensed at any time up to the maximum permitted age.

Alternatively it could be argued that keeping the restriction as it is or lowering the initial licensing age restriction would have a positive effect on improving the vehicle fleet. Consideration could be given to lowering the age at first licence to ensure that newer vehicles, which are more likely to be in a better condition, are licensed.

As vehicles age they become more prone to mechanical failure, require greater levels of maintenance, and the bodywork condition deteriorates due to wear and tear. Taxis are also generally accepted as undertaking much higher mileage that domestic vehicles It therefore seems more appropriate to maintain a maximum vehicle age.

At present there is a distinction between the maximum age for licensing between prestige vehicles at 10 years and non- prestige (saloon/MPV vehicles) at 6 years. There is little evidence of differences in the durability between particular classes of vehicles. Consideration could be given to standardising the maximum age restriction across all vehicle types or perhaps just all saloon/MPV type vehicles.

With regard to purpose built vehicles (vehicles capable of carrying a passenger in a wheelchair), it is generally agreed that these vehicles are more robust as specifically designed to be taxis. It may therefore be feasible to grant a longer licence for these types of vehicles. Although in general these types of vehicle are more robust there are presently a large number of vehicle approved as ‘purpose-built’ which vary considerably in terms of durability and performance. Caution would need to be exercised if it were to be decided to extend the maximum licensable age of this class of vehicle as a whole.

Overall, in respect of vehicle age restrictions, the Committee have a number of options to consider:  Maintain the existing age restrictions  Remove all age restrictions  Lower or raise the maximum age of first licence  Lower or raise the maximum licensable age  Standardisation of age restrictions across the whole of the fleet  Apply separate age restrictions to different types of vehicle e.g. saloon or purpose built, private hire or hackney carriage.

7.2 Reviewing the frequency of vehicle testing Currently vehicles are tested annually, but saloon/MPV & prestige vehicles are tested every 6 months once they reach 4 years old. Under the Local Government (Miscellaneous Provisions) Act 1976 the Council is not permitted to request a vehicle to be tested more than 3 times in a period of 12 months. The DfT guidance suggests that it is reasonable to increase testing frequency as a vehicle gets older, and gives the example of testing a vehicle over 5 years old twice a year.

The Committee may wish to consider the following options:  Retain the existing testing frequency  Lower or raise the age at which the vehicle is tested more than annually.  Increase the frequency of testing vehicles over a certain age e.g. over 10 years to be tested 3 times a year.

7.3 Removal of the current ‘prestige’ classification Vehicle manufacturers have greatly improved vehicles in terms of quality and reliability in recent years and it is clear that the majority of currently manufactured four door vehicles are capable of use for hire and reward. The prestige classification is now therefore of little value in assessing vehicles for use as hackney carriage and private hire vehicles. This is indicated by the fact that members have not refused the classification to any vehicle in the previous five years. Thought may be given to abandoning the prestige classification.

7.4 Reviewing the current Hackney Carriage vehicle type approval A number of local authorities require their hackney carriages to be a London Type cab (meets Metropolitan Conditions of Fitness) or purpose built only. Vehicles of this type must be able to carry a passenger in a wheelchair safely. In Cardiff only vehicles which have been approved as of a purpose built type can be used to replace hackney carriages with vehicle plate numbers above 401. Any type of vehicle can be licensed on plate numbers below 401. Hackney Carriage plates are currently limited at 957.

The purpose built approved vehicle list includes vehicles which meet the Metropolitan Conditions of Fitness. This is the standard by which the Metropolitan Police judge the suitability for use as hackney carriages in the City of London. The standards are designed to ensure that vehicles which meet them are in every way suitable for use in the narrow and complex streets of a busy tourist orientated city such as London. The vehicles are well known and clearly distinctive from all others. Vehicles which do not comply with the standard may not be licensed as hackney carriages by the Metropolitan Police. Vehicles on the purpose built approved list which meet the Metropolitan Conditions of Fitness include the FX4, TX4, TX1

PURPOSE BUILT VEHICLE

EC Whole Vehicle Type Approval or Metropolitan Condition of UK Low Volume Type Approval Fitness Mercedes Eurocab London Taxis International FX4 Fiat Scudo Eurocab Reliant Metrocab Volkswagen Accessible Sharan London Taxis International TX1/2 Peugeot Euro 7 London Taxis International TX4 Fiat Dakota Cab Mercedes Benz Vito Taxi Volkswagen Unique Cab SWB Unique Cab SWB Mercedes Vito Unique Cab SWB Peugeot Eurobus Fiat High Roof Doblo Freedom Wheelchair Accessible Vehicle Fiat Mont Blanc Taxi European TW200 Taxi SVA Citroen Taxi Volkswagen Eurocab Taxi Citroen Le Cab Noir Peugeot Le Cab Noir Mercedes M8 Peugeot E7se SVA Peugeot Taxi Mercedes Benz T1 Eurocab Taxi Fiat Doblo Eurocab Taxi Scot Cab Mansell Mercedes Taxi and Mansell Volkswagen City 7 Taxi Peugeot E7 Series II Short Version New TW200 Taxi short and long wheelbase Versions Peugeot E7 Series II Long Wheelbase Version New Scot Cab Sentinel Taxi Renault Traffic Hackney Correct as of August 2011

Converted vehicles approved as purpose built by the Committee must have either EC Whole Vehicle Type Approval or UK Low Volume Type Approval.

It is important that disabled people have the same access to transport to ensure social inclusion, in particular that a disabled person should be able to hire a hackney carriage on the spot with the minimum delay or inconvenience, and having accessible hackney carriages makes this possible.

Consideration could be given to whether all hackney carriage vehicles could be restricted to purpose built only, either as approved on the current list or restricted to vehicles complying with the Metropolitan Condition of Fitness.

7.5 Review Vehicle Inspection Regime

All vehicles are required to be tested on a frequency determined by age of vehicle (see table in 2.1). This is by means of a MOT plus additional items based on the safety and comfort of passengers, see Declaration of Fitness Form in Appendix C for further details. The MOT test sets a minimum standard which operators have to meet. While such standards are appropriate for ordinary passenger vehicles a higher standard is required of hackney carriages and private hire vehicles which are in constant use and cover very high mileages.

Historically testing was carried out at the Cardiff Bus Testing Station on Sloper Rd. However the facility was struggling to cope with the demand, and the Trade wanted to have choice, so at its meeting in March 2010 the Public Protection Committee resolved to allow testing to take place at any of Cardiff’s MOT centres.

Concerns have been raised as to the quality of some of the testing for the additional items. The testing facilities do not charge for these items, and there is concern that the ‘Declaration of Fitness’ form which lists these items is just ticked and signed. Licensing Enforcement Officers are aware that some of the premises do not have the equipment necessary for performing checks such as window tint.

Officers have furthermore expressed concern over the condition of vehicles that arrive to be licensed having just passed the test but have damaged bodywork or interiors.

A complaint has also been received from a neighboring Authority which received a taxi for licensing that had been just been tested in Cardiff, and subsequently failed that Authority’s test for a number of defects.

Verifying that the Declaration of Fitness has been fully checked at each testing facility is impractical, and there is the possibility that there are inconsistencies between testing facilities with regards to these checks.

Consideration could be given to the following:  Restricting testing to a number of approved facilities to ensure that a consistent standard is applied.  Retain the existing testing regime  Looking into feasibility of testing being undertaken by the local authority’s testing facilities

8. Trade Representation

Mr Mathab Khan, Chairman of the Hackney Carriage Association, has requested that the current maximum age restriction for hackney carriages is extended from 10 years to 14 years due to improvements in the robustness of modern vehicles.

There have also been previous requests from Private Hire Operators for the maximum age of first licence to be raised to 36 months, and for the six year maximum age limit on saloon cars to be raised to seven years.

Mr Khan has made comparisons with Birmingham and Newport Councils which do not have age restrictions. However it should be noted that Newport attempted to adopt a policy to introduce vehicle age restrictions in 2009 but this was rejected by the Court under judicial review for further consultation with the trade.

Further detailed consultation with the trade would need to be completed if proposals to change vehicle specifications or age restrictions are to be considered.

9. Engagement with Cardiff Access Group

Meetings have taken place between the Licensing Section and Cardiff’s Access Officer with regards to taxi vehicle type. Concern has been expressed that some purpose-built vehicles are not accessible for certain wheelchair users e.g. the rear access Fiat Doblo. Also wheelchair users have had difficulty in accessing rear access vehicles when they are queuing on the rank as there is not always enough space to deploy the ramps.

Further discussion on this matter is planned to take place at the next Access Focus Group Meeting in October 2011.

10. Consultation

The report was issued to trade representatives in September 2011 and the trade consultation procedure was undertaken in accordance with the consultation procedure on any policy changes. The draft reports intended for consideration were made available at City Hall and the Sloper Road offices for any interested party to provide written submissions. Any response received during the consultation period will be provided in this report

Clearly significant change could result and extensive consultation on any proposals would be needed with the trade, public and Cardiff Access Focus group.

Should the Committee agree to amend the licence conditions attached to the grant of a hackney carriage or private hire vehicle licence it would be necessary to formally consult with all existing licence holders about the matter. Additionally any proprietor who is aggrieved by a new condition would have the right of individual appeal to the Courts against the imposition of the condition following renewal or issue of the licence.

11. Achievability

This report contains no equality, personnel or property implications.

12. Legal Implications

12.1 The Council may attach to the grant of a vehicle licence such conditions as it considers reasonably necessary. Whilst the legislation differs in respect of hackney carriages and private hire vehicles, in general the Council should be considering issues such as the suitability of a vehicle in type, size, and design; appearance; mechanical condition; safety; and comfort.

21.2 Any applicant aggrieved by the refusal of a vehicle licence or the imposition of a condition may appeal to the Courts. Also, in some circumstances policy decisions made by the Council may be challenged in the Administrative Court by way of judicial review. Whatever the avenue of challenge, a clear rationale for the Council’s decision will be necessary, with consideration having been given to the views of all parties, including central government guidance.

12.3 All decisions taken by or on behalf of the Council must (a) be within the legal powers of the Council; (b) comply with any procedural requirement imposed by law; (c) be within the powers of the body or person exercising powers on behalf of the Council; (d) be undertaken in accordance with the procedural requirements imposed by the Council eg. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Council’s fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances.

13. Financial Implications

There are no financial implications arising directly from this report. The Licensing Service is required to be self financing with all costs being met from licence fees and charges which are reviewed annually. Vehicles which meet the requirements can be licensed and the appropriate licence application fee will be paid at that time. Should the authority amend the licence conditions, vehicle owners would have the right to challenge a resulting refusal to licence the vehicle in the courts which may result in additional expenditure the extent of which can not be estimated at this time.

14. Recommendation

It is recommended that the Committee note the content of this report and indicate in principle the areas that the Head of Regulatory and Supporting Services should, in conjunction with the trade, investigate and further report on the following issues, namely:

a) Amending the current maximum age a vehicle can be first licensed and/or maximum age of vehicle licensing (see 7.1) b) Reviewing the frequency of vehicle testing (see 7.2) c) Removing the prestige classification (see 7.3) d) Reviewing the type approval of hackney carriage vehicles (see 7.4) e) Reviewing the current vehicle testing regime with regards to testing facilities (see 7.5) f) Considering any other relevant matter with regards to vehicle licensing identified by the consultation with relevant parties

Dave Holland 8 August 2011 HEAD OF REGULATORY AND SUPPORTING SERVICES

This report has been prepared in accordance with procedures approved by Corporate Managers. Background Papers: None Prestige Vehicles List (as of August 2011)

Licensing Make Model Committee Date 05/05/2009 Chevrolet Epica 04/04/2006 Citreon C8 SX 06/11/2007 Citreon Synergie 13/09/2005 Citroen C5 03/11/2009 Citroen Dispatch 05/10/2010 Citroen C4 Grand Picasso 08/06/2010 Fiat Doblo (High Roof Wheelchair adapted) 05/08/2008 Fiat Ducato (DU53 FVL) 08/04/2008 Ford Galaxy (2007 ---> ) 07/02/2006 Ford Galaxy (pre 2007) 08/02/2011 Ford Mondeo 08/06/2010 Honda Accord 07/04/2009 Hyundai Matrix 03/02/2009 Hyundai Sonata 05/10/2010 Jaguar X Type SD 07/11/2006 Mercedes S Series 07/11/2006 Mercedes S280 10/05/2011 Mercedes Vito 109 07/10/2008 Nissan Primera 08/01/2008 Peugeot 607 05/10/2010 Rover MG ZT 05/06/2007 Saab 95 03/11/2009 Ssaangyong Rodius 05/08/2008 Toyota Avensis 13/09/2005 Toyota Previa 08/03/2011 Vauxhall Insignia 07/10/2008 Volkswagen Passat 06/01/2009 Volkswagen Touran 01/07/2008 Volvo S60 Appendix B – Local Authority Vehicle Licensing Standards.

RHD Max age Maximum Vehicle Type Restrictions Min No Vehicle Colour Engine of First Age for of Doors Numbers Limits Capacity Licensing Authority Type Licensing Licensing Restricted

Bath HC No None None None 4 No None None Bath PHV No None None None 4 No None None Yes Brand None London Style Cabs plus 4 1405 Black None Birmingham HC New Eurocab & Euro 7 Birmingham PHV Yes 8 years None Type approved list 4 No Not black None No 42 months None Type approved list 4 No Jamaica None Yellow, Bournemouth HC Purpose built Black

No 42 months None Approved List 4 No Not Black or 50 brake Bournemouth PHV Yellow horse power

Yes Brand 10 years Purpose Built 4 No Blue None Bristol HC New

Yes 3 years 10 years Approved List 4 No Not Blue None Bristol PHV

Yes 10 years 10 Purpose Built, Size 4 No Black with None Cardiff HC Requirements, Type White Bonnet Approved List, Prestige List Yes 25 months 6 years or Size Requirements, Approved 4 No Not Black None 10 for List, Prestige List and White or prestige Black Cardiff PHV vehicles No None None London Type Cabs 4 No None None Coventry HC Coventry PHV No None None None 4 No None None HC Yes None None Purpose Built 4 No None None Edinburgh PHV Yes None None None 4 No None 1500cc Yes 5 years 8 years Approved list of purpose built 4 No White with None vehicles and saloons Black Bonnet and Black Leeds HC boot

Yes 5 years 8 years None 4 No Any colour None other than Leeds PHV Hackney

Leicester HC Yes 8 years 8 years Purpose Built 4 No Black None Yes 5 years 5 years Size Requirements 4 No None 1290cc Leicester PHV with exemption Yes None None MPC(London Cab) 4 1417 Black None Liverpool HC Liverpool PHV Yes None None None 4 No None None Yes 12 years 12 years London Type Cabs 4 30 new None None licence per year Manchester HC subject to annual survey Yes None None None 4 None None None

Manchester PHV Yes Saloon -3 Saloon =6 Approved list 4 None Black yrs & yrs <50,000 Purpose Neath Port Talbot HC miles Built= Purpose depend Built= 4 on yrs condition Yes 3 years & 6 years Approved list 4 None White >1500cc Neath Port Talbot PHV <50,000 miles No None None London Type Cabs 4 No None None Reading HC

Reading PHV No None None None 4 No None 1590cc No 5 Years None Approved List 4 Yes with None None applications Sheffield HC being determined on merit No 5 years 9 years Specification List, Size 4 No None None with Requirements Sheffield PHV exemption clause Yes None None New vehicles must be 4 Restricted White None Purpose Built issue of Southampton HC new licences Yes None None None 4 No Not White None Southampton PHV Yes New None Size Requirements. 4 No Black 1500cc Swansea HC Yes 25 months 6 years Size Requirements 4 No White None Swansea PHV Yes 4 years 8 years Size Requirements 4 No None 1600cc Torbay HC Yes 4 years 8 years Size requirements 4 No None 1600cc Torbay PHV No None None Suitable Vehicle, Size None No White with a Vale of Glamorgan HC Requirements Black Bonnet

No None None Suitable Vehicle, Size None No Not White None Vale of Glamorgan PHV Requirements with a Black Bonnet Weymouth and Yes 8 years None None 4 No None None HC Portland Weymouth and Yes 6 years None None 4 No None None PHV Portland Yes None 10 years Capable of carrying a 4 No None None Wrexham HC passenger in a Wheelchair, Size Requirements Yes None None Not of purpose built type. Size 4 No None 1400cc Wrexham PHV Requirements

Yes None None but Size requirements None Yes Black None over 5 Specified York HC tested x 2 a year Yes None None Size requirements None No Not Black None York PHV Specified

DECLARATION OF FITNESS Vehicle

Reg.

Plate

The above vehicle may be mechanically examined for use as a Hackney Carriage or Private Hire Vehicle at any VOSA approved MOT testing station within the City of Cardiff, subject to an MOT inspection and completion of this inspection form.

The hackney carriage and private hire vehicle licensing test has additional items to that required by the MOT motor vehicle test. The following table details the additional items that will need to be inspected.

No. Testable Item Comments 1. Electrical and In good condition and repair, secure and correctly positioned. Wiring Equipment 2. Driver Controls In sound condition and operating correctly without signs of excessive wear. 3. Speedometer The speedometer must be operational. 4. Licence Plates Licence plates must be fitted on the outside rear of the vehicle in a clear and conspicuous manner either directly above or directly below or directly to the left or right hand side of the vehicle registration number plate. The plate must be securely fixed directly onto the vehicle by either nuts and bolts, self tapping screws or rivets, or indirectly by means of a bracket that is similarly fixed to the vehicle. The interior plate shall be fixed on the inside of the vehicle in such a position as to be easily observed by the passengers. 5. Paintwork Hackney Carriages must be black with a white bonnet. Purpose built vehicles which meet the Metropolitan Police Conditions of Fitness, such as London Cabs, may be all black Private Hire Vehicles may be of any colour other than that adopted for hackney carriages, so they may NOT be black with a white bonnet, but they must be of a uniform colour as described in the vehicle V5 registration document. If the vehicle has been re-sprayed this must be done professionally including the boot, door edges and frames. All paintwork must be in good condition and with an excellent finish. 6. Condition of Panels, wings bumpers to be in good condition, free from rust, holes, broken Wings and Wheel metal or any other visible damage. Arches 7. Security of Body Safe and in good condition, free from dents and rust. 8. Passenger and Doors to be in good condition, free from rust, holes, broken metal or any other Drivers Doors visible damage. Hinges to be in good order, all working, and doors to be seated correctly when closed. 9. Interior and No fittings or signs to be attached inside or outside vehicle unless approved by Exterior Fittings the Council. 10. Clutch and In good condition Footbrake Pedal Rubbers 11. Floor Coverings To be in good condition, clean and free from any contamination. 12. Interior lights, To be in good condition, clean and free from any damage, grease or any other mirror and trim contamination. 13. Passenger and To be in good condition, clean and free from any tears, damage, grease or any Driver Seats other contamination. 14. Bumper Present and in good condition. 15. Fuel Tanks and Securely fitted and in good condition, appropriate filler cap suitable and fitted. System including other facilities Cardiff Licensing Section, Room 161 City Hall, Cardiff. CF10 3ND Tel: 02920871651 No. Testable Item Comments 16. LPG Tank (if An LPG tank installed within the luggage compartment of the vehicle as a result fitted) of fuel conversion must have a maximum volume capacity no larger than 100 litres, and be positioned between the wheel arches. Only with written approval of the Council may a larger size be fitted. 17. Windscreen and To be in a good clean condition and free from damage. The windscreen must Windows allow at least 75% of light to pass through with all other windows allowing 70% of light to pass through. Window winders to be in good condition and all working correctly. 18. In good condition. Shafts 19. Engine and There should be no oil or water leaks Transmission Mountings 20. Luggage To be clean and free for the accommodation of passengers luggage. Compartment Nothing done to the vehicle must compromise the existing arrangements for the carrying of a spare wheel, and there should remain sufficient space for adequate luggage or a folded wheelchair to be carried. 21. Spare Wheel Unless the vehicle is fitted by the manufacturers approved run flat tyres a spare Carrier wheel of full or compact design (space saver) in good condition must be carried together with the appropriate tools to change a wheel.

22. Taxi Meter The taximeter must be positioned so that all letters and figures on the face Location thereof are at all times plainly visible to any person being conveyed in the carriage and in such a way as to make it impracticable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances. 23. Wheelchair Mounting points and all necessary straps to be in good condition and ramps and Accessibility winches provided as necessary. 24. Camera Interior CCTV equipment of a type previously approved by the Authority may be Recording fitted in accordance with the manufacturers instructions, subject to: Equipment a) a sign indicated that recording equipment is in use being clearly displayed within the vehicle, and; b) all images downloaded from the camera being made available to the Police and Authorised Officers, upon request. 25. Fire Extinguisher A fire extinguisher in good condition should be carried in an easily accessible and first aid kit position on the vehicle. A first aid kit should be available within the vehicle which meets the minimum standard recommended by the Health and Safety Executive in its guidance “First Aid at Work.”

Taximeter Fitted: YES NO

Vehicle Make: ______Mileage Reading ______

Vehicle Registration Index: ______Date: ______

Station Stamp : The above vehicle has today been inspected and found to be fit for use as a Hackney Carriage / Private Hire Vehicle.

Tester Signature: ______Name: ______

Cardiff Licensing Section, Room 161 City Hall, Cardiff. CF10 3ND Tel: 02920871651 Appendix D: Consultation

Premier Cars (Cardiff) Ltd Unit 10 Wroughton Place Ely Cardiff CF5 4AB

23 rd September 2011 Re: Consultation regarding the review of Hackney Carriage and Private Hire Vehicles We would like to add our comments stated in the recommendation section of the report, as follows: A) Amending the current maximum age a vehicle can first be licensed and/or maximum age of vehicle licensing. We feel that the age limit in place for current “standard” Private Hire Vehicles should be changed to that of vehicles being under 36 months at first licence, and a maximum age limit of seven years old. We feel that this will allow for an economical purchase of the vehicle whilst maintaining a high standard of vehicle available to the Cardiff public. B) Reviewing the frequency of vehicle testing. The current frequency of testing should be changed to yearly up to three years old, and every six months thereafter. C) Removing the prestige category Our views are that the “prestige” category has been diluted over the years by including vehicles that are not true status, for example there is a vast difference between a Ford Mondeo and a Mercedes E class. Our fleet comprises of a number of these Mercedes and BMW 5 series that look as good now as the day they were made. These vehicles are generally purchased at five years old at first licence and are run for approximately three years to four years before being replaced. We feel there should be no date of first licence and the maximum age limit for this type of vehicle should remain set at ten years. The cost of purchasing this standard of vehicle less than three years old would become prohibitive due to the purchase price and feel that the city would loose its upmarket element of Private Hire Vehicles. We have received many encouraging comments about our “prestige Mercedes, BMW” type of vehicles, it is clear to us that a market place (for example the media industry) prefer this type of vehicle over the standard saloon car for example Ford Mondeo or Vauxhall Vectra. We feel that the “prestige” status should continue however stricter controls put in place to ensure that quality is maintained in the future. This can be achieved in various ways e.g. ensuring the vehicle has full service history, limited mileage etc before being allowed to be licensed for the first time.

D) Reviewing the type approval of Hackney Carriage vehicles. We feel that as we are now 99% private hire that this should be left to companies and individuals operating this type of vehicle. E) Reviewing the current vehicle testing regime with regards to testing facilities. We feel that the Council should be the only testing facility and as such should be run by the Council and not subcontracted out to a third party as previously happened with Cardiff Bus. This we believe to be fair and impartial. The charges made by the council should be in line with the current costs drivers pay for the testing, the facility should be able to cope with the trades demand and take into consideration test bookings at peak times of the year to minimise waiting times.

Timothy Mahoney

Director (Proprietor)