Agenda item

Report ENV889 from the Licensing Manager.

Decision

The Committee determined that the Council’s policy regarding the Driver Proficiency Assessment cannot be waived. However, taking into account that the driver’s vehicle was a specialist and fully wheelchair accessible vehicle, the Committee determined that this element of the policy should be waived in this one instance.

The driver confirmed his name for the Committee.

The Licensing Manager presented the report which asked the Licensing Committee to determine whether the Euro 6 requirement for a wheelchair accessible vehicle and driver proficiency assessment should be adhered to in line with the Hackney Carriage and Private Hire Policy dated June 2024.

Following the issue of the Department for Transport (DfT) of updated Taxi and Private Hire Guidance in November 2023, the Hackney Carriage and Private Hire Licensing Policy was updated and approved by Council on 23 May 2024.  One of the amendments related to the removal of the previous vehicle age limits both at first registration (no older than 5 years) and maximum age limit (10 years), replacing it with a requirement for all vehicles to be Euro 6 compliant, registered after September 2015.

An addition to the policy was to require all drivers, new and existing to undertake a driver proficiency assessment.  The new Policy would be effective from 1 June 2024 for al new applicants, but for existing drivers/vehicles changes would be effective from their next renewal date after 1 August 2024.

The driver before the Committee had a wheelchair accessible hackney carriage which had been licensed since September 2016.  The existing licence expired in September 2024 and having checked the Euro rating the vehicle was only Euro 5 and was not compliant with the Council’s policy.

An email had been received from the driver, appended to the report requesting that the policy requirements for undertaking a driver proficiency assessment be reconsidered together with vehicles being Euro 6 compliant.  The driver had been invited to Committee to present his case.

The driver then made his representation.  In respect of taking a driver proficiency test, they had held a hackney carriage licence for over 19 years.  For the proficiency test, the tester usually sat in the front passenger seat however, in their vehicle that wasn’t possible, and they would have to sit in the back. Courses in respect of the disability awareness courses tended to be on-line and they felt that they were not technology proficient to access these courses, although they had found one organisation to have in person testing, they were not a recommended provider within the SKDC Policy and therefore did not have South Kesteven District Council as a registered contractor.

The drivers then spoke in respect of the requirement for vehicles to be Euro 6 rating.  They felt that the “goal posts” had been moved.  They had bought their vehicle on the understanding that it would be a taxi for a period of 10 years, however with the changes to the Policy this had reduced to seven and therefore had cost implications.  They felt that it was unfair, especially as the vehicle was purpose built and one of the very few purpose built, wheelchair accessible vehicles in the district.   The driver felt that the policy should include exceptions for this type of vehicle not having to be Euro 6 compliant.

Members then questioned the driver in respect of the vehicle and the costs involved to which the driver replied.  Questions were also asked in respect of taking the driver proficiency test in person rather than on-line and the Licensing Manager stated that this would be looked into as a matter of urgency.  Reference was also made to the number of Uber drivers located in the district from Wolverhampton and the lack of testing required to drive an Uber and the driver felt that it was grossly unjust.

(11:03 Licensing Officers and driver left the meeting)

Members discussed the matter before them taking into account the Council’s Hackney Carriage and Private Hire Licensing Policy and all other relevant guidance and policies and the representation made.  Members felt that when the Policy had been discussed reference to wheelchair accessible vehicles had not fully considered and it was felt that perhaps these should have been included within the vehicle exemptions especially as there was a lack of these vehicles across the district.  Members did have some sympathy for the driver and felt that the Policy and the issue of wheelchair accessible vehicles and their ratings should be reviewed by the relevant Overview and Scrutiny Committee at the earliest opportunity.  Further discussion then followed in respect of the driver proficiency aspect and access to the disability awareness courses and it was acknowledged that the Licensing Manager would be looking into in person courses in respect of the disability awareness courses. Members felt that the driver proficiency was of paramount importance and therefore there would be no exemption.  More discussion followed in respect of the wheelchair accessible vehicle and Members felt that due to the limited number of these type of vehicles available in the district that in this particular instance the need to be Euro 6 compliant in respect of this particular vehicle would be waived. On being put to the vote this was unanimously AGREED.

(12 noon Licensing Officers returned to the meeting, the driver did not return to the meeting as he had a prior engagement)

The Legal Advisor read out the Committee’s decision.  The Committee had convened to consider whether the Euro 6 requirement of the Council’s Licensing Policy and the Driver Proficiency Assessment policy should apply to the driver’s renewal applications that had been received by the Authority in respect of their licensed vehicle and Hackney Carriage/Private Hire Drivers Licence.

The Committee heard from the Licensing Manager changes to the Authority’s policy, which removed the age of licensed vehicles and replaced it with a requirement that vehicles must meet Euro 6 standard instead. Additionally, the Authority’s policy required drivers to undertake a proficiency assessment.

The driver stated their grievances with the two policy requirements; namely in respect of the proficiency assessment and that they struggled with online courses, but also that they had been driving for 19 years and any examiner may not have the same experience as them, and how could they effectively examine the driver.

In respect of the Euro 6 standard policy, they explained to Members how they felt the Authority had moved the goalposts; when they had purchased the current vehicle, they had anticipated being able to use it for ten years. Now, following the policy change, they would only be able to use it for seven years and that has considerable financial implications. The driver explained that they were one of very few drivers offering a fully wheelchair accessible hackney carriage, and it had been purchased especially for this use.

The driver had asked the Committee to disapply both elements of the policy in respect of the renewal applications.

In reaching their decision the Committee had taken into consideration the report, appendices, the representation made, legislation and the Council’s Hackney Carriage and Private Hire Licensing Policy. Of particular note to the Committee was the fact that the driver’s vehicle was one of very few fully wheelchair accessible vehicles operating in the district, which provided a much needed service.

The Committee noted that there were no other reported issues in respect of the driver’s vehicle and its licence renewal.

The Committee considered the wording of the policy and noted that there were exemptions for some vehicles, but not fully wheelchair accessible vehicles.

With regards to the Driver Proficiency Assessment, the Committee considered this to be of paramount importance to maintain the standard of licensed drivers, and noted the officer’s comments that they would urgently look into in-person courses.

Taking everything into consideration, the Committee determined that the Council’s policy regarding the Driver Proficiency Assessment could not be waived. However, taking into account consideration that the driver’s vehicle was a specialist and fully wheelchair accessible vehicle which was in high demand in the district, the Committee determined that this element of the policy should be waived in this one instance.

There was a right of appeal of the decision to the Magistrates’ Court within 21 days of receipt of written notice.