Agenda item

This report follows a referral from the Environment Appeals Panel for this Committee to reassess the Hackney Carriage and Private Hire Vehicle Licence condition in respect of tinted windows.

Members considered a report which followed a referral from the Environment Appeals Panel to reassess the hackney carriage and private hire vehicle licence condition in respect of tinted windows.

2 Members of the Public had registered to speak on this item:

Bill Brolly, Secretary of the Independent Taxi Association stated that a certain level of tinted glass can be beneficial to customers to protect them from the sun but felt the condition needed revising.

Mr. Kerr, Secretary of the Private Hire Association advised that the feeling now within the trade is that the tinted glass ruling does not work and needs to be removed or radically altered. He stated that following his own enquiries, he found that local salesmen are not knowledgeable about levels of tint and drivers purchase vehicles not knowing whether the glass will pass the transmittance test. Manufacturers do not advise on what the levels of window tint are on new vehicles. Vauxhall advised him that it would cost £2800 to alter one of they’re vehicles to non privacy glass and that Vauxhall vehicles now have some level of window tint as standard.

In November 2006 the Licensing and Regulatory Committee approved a new condition which required licensed vehicles to be fitted with windscreen glass that has a light transmittance of 75%  and all other glass to have a transmittance of not less than 70%. Prior to the condition being approved, the York Taxi Association and the York private Hire association were consulted and both were in agreement with the proposals. All hackney proprietors were then notified of the change of conditions. Despite the notification there has been some difficulty in applying the condition, and vehicles were being brought to test with over tinted glazing. It was agreed internally and with the trade, following a discussion document, that vehicles with non compliant glass could continue to operate but from that time the policy would be rigidly applied. On 20^th April the Environment Appeals panel heard an appeal from a proprietor regarding officers decision to replace a rear windscreen with 43% transmittance. His appeal was upheld on the basis that the visibility through the rear screen would be no better if glass of 70% transmittance were fitted due to the vehicles construction. In light of the appeal and the fact that vehicles are being fitted as standard with tinted glass, the Environment Appeals Panel requested that the matter be brought back to the Licensing and Regulatory Committee for review.

Members queried whether other authorities drivers are experiencing difficulties with sourcing suitable vehicles and glass. Officers replied that there are no figures available but in London and Manchester the vehicles are purpose built.

Following debate, members felt that a relaxation of the condition would be acceptable providing that the relaxation applies only to the rear windows of estate vehicles where tinted glass is being issued as standard by manufacturers.

RESOLVED:

(i)     All licensed vehicles shall be fitted with windscreen glass that has a light transmittance of 75%, and

(ii)   All other window glass shall have a light transmittance of not less than 70% EXCEPT those parts of the rear window or any side windows adjacent to the luggage space in any estate-type vehicle which can be of any manufacturers tint providing it is not opaque.

(iii)Any self applied material shall satisfy the requirements of I) and ii) above if it has been approved by the Council.

(iv)  Neither I), ii) or iii) above shall apply to tinted glass fitted by the manufacturer in respect of vehicles currently licensed by the Council.

REASON:                  To provide for the safety of passengers and the driver and to enable effective enforcement of taxi licence conditions.