Agenda item

This report advises Members of a recent statutory appeal against the Council’s conditions for Hackney Carriage vehicles in respect of emissions and livery. Members approval is sought to amend the conditions in light of the appeal.

Members received a report advising them of a recent statutory appeal against the Council’s conditions for Hackney Carriage Vehicles in respect of emissions and livery.

The judge had concluded that the appeal should be dismissed in respect of the condition relating to emissions but was upheld in respect of the standard black livery.  The taxi proprietor had subsequently submitted an appeal to the Crown Court in respect of the issue of emissions and the case was waiting to be heard.

During the appeal hearing in the Magistrates’ Court, the District Judge had indicated that a vehicle age policy, in itself, was inappropriate.  In the light of this it was officers’ view that the emission condition should be rewritten and refer specifically to emission standards rather than using an age criteria to meet these standards.  Members’ approval was sought to consult on an amended condition in light of the appeal and the comments of the District Judge.

In view of the pending appeal, Members were asked to consider approving action whereby all hackney carriage vehicle licences issued on 1 June 2009 would be issued for six months only with the conditions relating to emissions deleted to allow time for the Crown Court appeal to be dealt with.  The conditions regarding emissions and livery also applied to private hire vehicles, albeit the application dates differed.

Members expressed their disappointment that the Court had ruled against the standard livery but were pleased to note that they had approved the display of the city coat of arms decal on the front doors.  Members were encouraged that Station Taxis had made the livery one of the conditions of a permit.

Consideration was given to the options detailed in the report:

Option 1 – Maintain the proposed conditions from 2 June 2009, i.e.

(a)               all new licenses issued or, any change of vehicle on an existing licence, the vehicle must be under 4 years old, and

(b)               no vehicle will be re-licensed after it has reached 8 years old.

Option 2 – Renew the hackney carriage vehicle licences for 6 months only

                   deleting conditions relating to emissions and livery.  Consult with

                   the York Taxi Association and York Private Hire Association on the

                   following conditions to replace the vehicle age restrictions in the

       future should the appeal be dismissed.

(a)               From 2 June 2011 all new licences issued or, any change of vehicle on an existing licence, the vehicle must be Euro 4 (or better) emission standards.

(b)               From 1 June 2013 all licensed vehicles must meet Euro 4 (or better) emission standards

·        Mirror the approved changes to hackney carriage vehicle licences to those relating to private hire vehicles.

·        Instruct officers to consult with the York Taxi Association on the subject of advertising on hackney carriages and report to a subsequent meeting of this committee.

·        Instruct officers to carry out further work on vehicle liveries and report back to a subsequent meeting of this committee.

Concerns were expressed that if hackney carriage vehicle licences were to be renewed for six months only, this would increase the administrative and financial burden for taxi proprietors and could cause further hardship during the current economic climate.

RESOLVED:That Option 2 be approved but with the licences being issued for a twelve month period and not a six month period.

REASONS:    To ensure the licence condition is transparent in representing the Council’s policy in respect of vehicle emissions contained in the Local Transport Plan.

                        To ensure consistency between both vehicle hire codes and reduce the threat of legal challenge.

                        To ensure the full benefit of vehicle identification is derived from the display of the side decal.

                        To ensure that all aspects of the introduction of a standard livery have been examined to inform any future strategy.