Agenda item

Purpose: To advise Members of the need to make urgent changes to some of the standard conditions for hackney carriages.

Brian Leahy introduced a report to advise Members of the need to make urgent changes to some of the standard conditions for hackney carriages. He informed the Committee that the trade had not yet been consulted and asked that Members decide whether a consultation was needed and if so, what should be consulted upon.

Brian Leahy reported that there was a small number of drivers who refused to pick up people with disabilities. Some drivers did not hold ramps in their vehicles at all times. It had been reported to Officers that one operator had six vehicles but only three ramps. These practices were not legal under the Equalities Act.

It was proposed that the following conditions be added to the Hackney Carriage

Proprietors (vehicle) conditions;

1.     Any taxi which was licensed as a wheelchair accessible vehicle (WAV) must have available on the vehicle at all times whilst working, suitable approved equipment (ramps, hoist or other lifting device) for facilitating wheelchair access into the vehicle and such approved straps, belts or other safety restraining equipment as was necessary to ensure that the customer was secure and safe whilst in the vehicle. All such equipment shall be in full working order and where non metal fabrics are used, not broken, frayed or torn.

2.     All ramps and other non manufacturers standard equipment provided as disabled access facilities must be stamped, if of metal construction, with the registered number and licence number of the vehicle and all non metal equipment similarly marked by means approved by the Council. Both types of marking shall be of such proportions as to be easily readable and in the case of non metal equipment, shall be indelible.

3.     Any vehicles fitted with a swivel seat shall ensure that the seat was in good repair and was tested regularly to ensure free movement.

4.     Where a temporary licence was applied for in the event of a vehicle having to be taken off the road due to accident damage or breakdown, a licence may be issued for a period of one month. This may be extended in exceptional circumstances for a further two months in total at one monthly intervals.

5.     Any replacement vehicle would be required to be like for like (i.e. if a wheelchair accessible vehicle was replaced, it must be substituted with a similar accessible vehicle, if a swivel seated vehicle was replaced it must be substituted for a wheelchair accessible vehicle). A protected vehicle which was not required to provide disabled access by virtue of the licence may be substituted by a like for like type of vehicle.

Brian Leahy informed the Members that as a practical aspect, the Licensing Team would purchase a stamp and provide it to a designated garage where the taxi providers could mark their equipment. The straps could be marked with indelible ink. On inspection, this would evidence that equipment was complete, serviceable and marked for the intended vehicle.

It was proposed that supplementary conditions be added to the Hackney Carriage Vehicle Drivers Licence Conditions & Byelaws. In addition it would be specified that a driver of a hackney carriage standing at any of the stands for hackney carriages appointed by the commissioners, (the Council) or in any street, who refused or neglected, without reasonable excuse, to drive such carriage to any place within the prescribed distance, (within the West Berkshire Council district), to which he was directed to drive by the person hiring or wishing to hire such carriage, would be guilty of an offence. (The penalty currently stood at a fine not greater than £500).

Brian Leahy noted that a driver would be committing an offence if they discriminated against any group of people. There had been six complaints of drivers leaving a customer stranded and not able to get a taxi.

Brian Leahy mentioned a database of disabled accessible vehicles, with agreement from trade, to include the contact details. He also suggested the methods by which customers could complain and where to address their complaints should be publicised as steps to eradicate discrimination in West Berkshire.

The Chairman enquired when these measures would be implemented, should they be approved. Brian Leahy explained that should Members approve the measures in principle, the consultation, if Members decided to require such, could be considered at the 24 September meeting.

Councillor Edwards proposed that proposal on item 2.1 page 36 was approved in its entirety.

Councillor Bryant highlighted that at page 36 item 2.1 defined what equipment was needed.

Brian Leahy suggested that during August 2015, vehicle inspectors, negotiate contracts with garages so that they could agree the appropriate method and what equipment was to be marked. There was already an in-house expert on wheel chair and vehicle accessibility that would be consulted.

Councillor Bryant enquired about Item 5 of the proposal and Brian Leahy clarified that if a wheelchair accessible car had an accident and needed to be replaced, the service should be able to licence a replacement like for like. If the car had a swivel seat it would have to be replaced by a disabled accessible vehicle. The long standing town vehicles were exempted.

Councillor Webb expressed his concerns that hammer and punching would be used on the equipment which could potentially compromise the safety of the vehicle and suggested that the marking could be made on a replaceable plate.

Brian Leahy acknowledged Members concerns and mentioned that the military had used this type of approach on their equipment but that the appropriate method would be sought to ensure equipment’s strength and safety would not be eroded.

RESOLVED that Members considered and approved the principles of the five recommendations without consultation, and that a method should be employed that was safe and does not compromise the material/equipments’ characteristics.

Arrangements should be put in place for garages to be up and running by end of August and the new conditions were mandatory as of 31 July 2015.