Agenda item

Report attached.

Councillor Joyce Plummer provided a report seeking approval for an amendment to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing to remove the requirement for swivel seats to be fitted in all saloon type hackney carriage vehicles for the front passenger.

Councillor Plummer summarised the content of the report including the relevant legislation and the current condition applied in Hyndburn for swivel seats in saloon type hackney carriage vehicles.  She reminded Members that protective screens had been provided for all hackney carriage and private hire vehicle as a result of the Covid-19 pandemic.  However, this meant that the swivel seats could no longer operate properly.  In general, the seats had always been cumbersome and difficult to use.  A group of elected Members had tested the seats while visiting a taxi rank and had identified safety implications regarding the use of swivel seats.  The intention was to remove this condition from the vehicle licence.  There remained 6 ‘London’ taxis or wheelchair accessible vehicles in service, which represented around 12% of the licenced hackney fleet.

Councillor Munsif Dad BEM JP welcomed the report, having raised these issues over a long period of time.  Appropriate consultations had been carried out, including councillors visiting a taxi rank.  The proposals had the support of the hackney carriage drivers.  He also welcomed the provision and continued use of the safety screens which helped to protect drivers and customers alike.

Councillor Marlene Haworth also welcomed the report.  She queried whether sufficient thought had been given to what alternative provision was available for disabled taxi users.  Councillor Plummer indicated that swivel seat usage had been very low and in many cases seats had never been used.  She reiterated that a number of other accessible vehicles were licensed as hackney carriages and the Leader added that Lancashire County Council also had a Dial-a-Bus service for disabled travellers.  Councillor Dad commented that in practice disabled users were already being referred to the specialist vehicles that were in operation, as these were more practical to use.

Approval of the report was not deemed a key decision.

Reasons for Decision

Under Section 47 of the Local Government (Miscellaneous Provisions) Act the Council could attach to the grant of a hackney carriage vehicle licence such conditions as the Council might consider reasonably necessary.  Any person aggrieved by a condition could appeal to the magistrate's court.  In pursuance of Section 47 some time ago the Council had attached the following conditions to hackney carriage vehicle licences:

“All new or replacement hackney carriage vehicles must be;-

a “London” type hackney carriage, or  a suitable wheelchair accessible vehicle, approved by the Council, for licence numbers 54 to 62

a saloon car approved by the Council to be fitted with a swivel seat for licence numbers 1 to 53

Swivel seats must be fitted to compatible vehicles by an authorised company in accordance with the vehicle and seat manufacturers guidance and the company concerned must provide certification of compliance with these requirements; and the swivel seat must be fitted when the vehicle is presented for a taxi vehicle test.  If a swivel seat isn’t fitted, the vehicle will fail its test.

Swivel seats are not available for every make and model of vehicle manufactured.  Vehicles in which it is not possible to install such a seat, will NOT be acceptable for licensing unless the height of the seat (28” from the ground to highest part of seat squab) is such that it offers no benefit to the disabled (e.g. some MPV’s and purpose built people carriers).

A swivel seat is required to allow access for disabled or elderly people in and out of the vehicle. The seat works by rotating 90° and then sliding forwards.  The person can then sit on the seat and rotate back into the vehicle.  You must ensure that the seat is then locked back into position”.

During the Covid-19 Pandemic protective screens had been provided for all hackney carriage and private hire vehicles licensed in Hyndburn.  The screens separated the front driver compartment from the rear passenger compartment with a view to protecting both drivers and customers from infection from Covid-19 whilst being in such a small enclosed space.  It had quickly become apparent that the swivel seats would not operate with the protective screens in place.

At a recent Taxi Liaison Group meeting the viability of the swivel seats had been raised and a discussion had taken place, not only about the issue raised by the protective screens, but also about how practical the seats were to use and how often they were used in spite of the substantial expense of having the seats fitted.  There was also an issue which arose when a replacement vehicle was required following an accident, even if it was only required for a short period of time, in that the replacement vehicle had to comply with the policy and had to have a swivel seat fitted.

As a result of the discussions a group consisting of elected Members and the Licensing Manager visited the taxi rank on Union Street and attempted to get in and out of one of the hackney carriage vehicles that did not have a protective screen fitted, using the swivel seat.  All present found the seats to be cumbersome and it also appeared to be a health and safety risk.  Those attempting to get in the vehicle bumped their heads on the doorframe and would not have been able to turn their legs into the footwell without physical assistance (handling by the taxi drivers or another helper).  Additionally, whilst getting onto the seat all found that their feet were quite a distance from the ground, a sensation that was quite unnerving for an able bodied person and would probably be even worse for someone with a disability.  All came to the conclusion that the swivel seats were not fit for purpose.

Discussions had been held with the drivers present at the rank who stated that they had never been asked to use the swivel seat, one stated over a period of 19 years and another said over a period of 12 years.  All drivers stated that disabled people had their own methods of getting in and out of vehicles and would not want to use something alien to them like a swivel seat.

It was proposed that the policy in relation to hackneys 54 to 62 remained as it was currently.

Alternative Options considered and Reasons for Rejection

The Council could take no action and continue with the current policy.  However, as the group who had attended the rank considered the seats to be a health and safety risk whilst adding no real value to the hackney carriage fleet for reasons set out in the report, officers were recommending that Members amend the policy as requested.

Resolved                                    -    That Cabinet approves the amendment to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing as set out in this report.