Agenda item

Report attached.

The Cabinet considered a report of Councillor Joyce Plummer, Portfolio Holder for Resources, seeking approval for an amendment to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing in relation to the current testing regime.

Councillor Plummer outlined the issues contained within the report, which related to the frequency of testing for vehicles over 10 years old.  Numerous representations had been received from the taxi trade directly and via elected Members.  Vehicles over 10 years old were currently tested every 4 months and issued with a 4 months licence on each occasion.

The trade had been consulted about reducing the frequency of testing to 6 monthly where a vehicle had passed the 4 monthly test first time on 3 consecutive occasions.  A relatively low response had been received to the consultation, comprising 16 replies.

Members were reminded that public safety must be at the centre of any changes to the policy about vehicle testing.  The report set out options for a change to the conditions.  Options which incentivised drivers to maintain their vehicles to a high standard were recommended by the officers.

The Leader thanked Councillors Sajid Mahmood and Loraine Cox for bringing the issues to the attention of the Portfolio Holder.

Councillor Dad queried whether the amendments as presented in the report at Paragraph 6.1 were to be taken together, or were mutually exclusive options.  It was clarified that only one of the two suggested conditions should be adopted.  The Leader indicated a preference for Option 1, which had been the wording used during the consultation process.  Councillor Dad considered that Option 2 would be simpler to understand from the drivers’ viewpoint.

Councillor Dad commented that Licensing Officers had a good track record of listening to the views of the Taxi Liaison Group, as had been demonstrated when considering the matter of disabled passenger seats.

Councillor Steven Smithson added that he and Councillor Plummer had recently met with officers at the Central Vehicle Maintenance Unit (CVMU) to introduce some measures that would assist taxi drivers.  Councillor Dad asked if the emissions testing equipment was properly calibrated.  Councillor Smithson responded that the equipment had been checked recently by the Driver and Vehicle Standards Agency (DVSA) and found to be accurate.  Councillor Britcliffe added that certain manufacturers had misrepresented emissions performance and were being challenged for compensation by claims companies.

Approval of the report was not deemed a key decision.

Reasons for Decision

The Council were responsible for setting the vehicle testing frequency for hackney carriage and private hire vehicles, which in turn determined the period of the licence that was issued.  Currently vehicles under the age of 2 years were tested annually and issued with a 12 month licence.  Vehicles between the age of 2 years and 10 years were tested every 6 months and issued with a 6 month licence and vehicles over the age of 10 years were tested every 4 months and issued with a 4 month licence.

At a recent Taxi Liaison Group meeting representatives of the trade had requested that the Council consider looking at the testing frequency of vehicles over the age of 10 years old and to allow them to be tested every 6 months instead of every 4 months, as was currently the case.  This would bring Hyndburn’s testing regime in line with the neighbouring authority of Blackburn with Darwen Borough Council.

Figures from the Council's testing center taken over the last 6 months showed that of the vehicles under the age of 7 that had been tested there was a 67.5% pass rate and a 32.5% fail rate.  However, the fail rates increased in vehicles that were over the age of 7 to 58.8% pass rate and a 41.2% fail rate.  Unfortunately, no analysis of the fail rates of vehicles over the age of 10 years was available.

A consultation had carried out with members of the taxi and private hire trade as well as with members of the public.  Sixteen responses had been received of which twelve were from the taxi and private hire trade and four were from elected members.  Of the sixteen responses received from the trade nine had been fully in favour of the proposal and seven had suggested that they would like all vehicles over the age of two years to be given a six month licence but without the additional conditions set out in the proposal below.

The proposal that was consulted upon was as follows:-

“All vehicles over the age of 10 years will be subject to a 4 monthly test.  If the vehicle passes the test at the first attempt on 3 consecutive occasions it will go to twice yearly testing.  If the vehicle subsequently fails two 6 monthly tests consecutively at first attempt it will revert to a 4 monthly test.”

Members of the trade had elected a number of representatives to attend the Taxi Liaison Group meetings to raise any issues and make any suggestions for improvements, and the Taxi Liaison Group had been consulted and supported this proposal.

Officers had recommended that Members adopt one of the conditions as set out below:

Option 1

“All vehicles over the age of 10 years will be subject to a 4 monthly test.  If the vehicle passes the test at the first attempt on 3 consecutive occasions it will go to twice yearly testing.  If the vehicle subsequently fails two 6 monthly tests consecutively at first attempt it will revert to a 4 monthly test.”

Option 2

“If a vehicle over the age of 10 years passes the test on the first occasion it will be issued with a 6 months licence otherwise it will be issued with a 4 months licence.”

It was the opinion of officers that either of the above options would provide an incentive to drivers to maintain their vehicles and encourage them to make sure that pre MOT checks were carried out before submitting the vehicle for test.  However the second proposed condition would be easier to administer and in officers’ opinion would be the better option of the two.

Furthermore, the testing regime would be enhanced due to a series of programmed and random spot checks to be carried out by officers.

Alternatively members could determine that they wish to remove the requirement for vehicles over the age of 10 years to have a 4 monthly test and introduce 6 monthly test for all vehicles over the age of 2 years.

Members were also requested to make an amendment to the condition relating to the maximum age a vehicle might be when first presented for licensing.  It was recommended that the following condition be applied:-

“A vehicle must be under the age of 15 when first presented for licensing”.

Members were reminded that the above proposed condition would replace a previous condition agreed in January by Cabinet that vehicles must be under the age of 10 years when first licenced.  This was following representations from members of the trade and from some elected Members based on the current cost of living crisis.  Vehicles would need to pass the Council’s test regardless of age.

Alternative Options considered and Reasons for Rejection

The Council could take no action and continue with the currentpolicy and frequency of testing.  However, this could result in more of the Borough’s vehicle owners going to Blackburn to be issued with a licence.  This would not prevent them from coming and working in Hyndburn, however, inevitably Hyndburn would not have the same enforcement powers or control over the vehicles and drivers.  The Council would have to rely on its neighbours carrying out enforcement action.  Furthermore, Blackburn with Darwen Borough Council currently allowed vehicles of any age to be subject to a six monthly test.  Officers had no evidence that the vehicles licensed in Blackburn were any more a risk to public safety than Hyndburn licensed vehicles.  There were no statistics of high accident rates or other issues.

Resolved                                    -    That Cabinet approves the amendments to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing as set out below:

(a)    All vehicles over the age of 10 years will be subject to a 4 monthly test.  If the vehicle passes the test at the first attempt on 3 consecutive occasions it will go to twice yearly testing.  If the vehicle subsequently fails two 6 monthly tests consecutively at first attempt it will revert to a 4 monthly test;

(b)   A vehicle must be under the age of 15 when first presented for licensing.