Conditions for Private Hire Vehicles

Policy and Conditions for Private Hire Vehicle Licences

The proprietor shall at all times comply with the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 and the conditions hereinafter provided.
 

Private Hire Vehicle Policy

A. Before a licence is granted in respect of a private hire vehicle the applicant must:

1. Complete and submit to the Council an application and Statutory Declaration in the form prescribed by the Council.
2. Pay to the Council a fee as detailed in the current Licensing Fees and Charges list which is available on request.
3. Satisfy the Council that:

(i) The vehicle is in a suitable mechanical condition, is both safe and comfortable for the carriage of passengers and suitable in type, size and design for use as a private hire vehicle.
(ii) there is in force in relation to the vehicle a policy of insurance covering use for hire and reward, passenger liability and passenger’s luggage, and comply with the provisions of the Road Traffic Act 1988.
(iii) There is in force a valid certificate of insurance against liability for employees (in appropriate cases) in accordance with the Employers’ Liability (Compulsory Insurance) Act 1969.
(iv) The vehicle will be operated by an operator licensed by the Council.
(v) The vehicle has never been declared a total loss as a result of accident damage or other damage. Vehicles which have been declared as category A, B or C write-offs will not be licensed by the Council under any circumstances. Vehicles which have been declared as category D write-offs will not be licensed by the council unless the applicant can provide clear evidence, including photographs of the damage sustained by the vehicle before any repairs are carried out and a full and comprehensive report from a suitably qualified engineer stating that the vehicle provides protection to the occupants equal to the protection it provided prior to receiving the accident or other damage.

4. Present the vehicle for inspection at such place within the Metropolitan Borough of Tameside and at such time as the authorised officer shall by notice to the applicant require.

B. Vehicle Specification

1. A vehicle will be suitable in type, size and design for use as a private hire vehicle if it is not an FX/ TX style vehicle but meets the following specification:
2. Will be a saloon or estate car, MPV or minibus type vehicle.  In the case of an estate car there must be fitted a guard or tonneau cover to keep luggage securely in place & shall have a minimum of 4 passenger seats.  No seat can be side facing.
3. Must be a right-hand drive vehicle.
4. Not be multi-coloured but may be two-tone.  The vehicle must not be black or appear to be black in dark or low-light conditions (this to include a prohibition on any vary dark blue or very dark grey coloured vehicles). The decision of the Licensing Officer in this respect will be final. 
5. Any application for a private hire vehicle licence to carry less than 4 people will be considered on an individual basis. The decision of the authorised officer in this respect will be final. 

C. Age Policy

1. No vehicle will be first licensed unless the vehicle is less than 5 years old from the date of first registration as per the vehicle registration document (V5).

2. No wheelchair accessible vehicle will be first licensed unless the vehicle is less than 7 years old from the date of first registration as per the vehicle registration document (V5). 

3. If an existing licensed private hire vehicle is declared a total loss by an insurance company as a result of accident damage, or is stolen & not recovered, that licensed vehicle may be replaced by a vehicle of similar or younger age (with a maximum age of 10 years).      

4. No vehicle will be relicensed once the vehicle has reached 12 years old from the date of first registration as per the vehicle registration document (V5).

5. No wheelchair accessible vehicle will be relicensed once the vehicle has reached 15 years old from the date of first registration as per the vehicle registration document (V5).

 

D. Seating provision

Seating provision shall be specific to the vehicle type as shown below;

1. Saloon/Estate vehicle licensed to carry 4 passengers

i) Seat Height
From the top of the seat cushions to the lowest part of the roof lining must be approximately 865mm (approx. 34 inches).

ii) Leg Room Front Seat - There must be approximately 750 mm (approx. 29 ½ inches), between the leading edge of the dashboard and the back of the seat being measured.

iii) Leg Room Rear Seats - There must be approximately 750 mm (approx. 29 ½ inches), between the front surface of all rear seat backs and the back of the seat in front, measured with the front seat located as described above.

iv) Seat Depth -Fixed passenger seats (measured from the back of the seat to the front edge of the seat cushion) must be approximately 406mm (approx. 16 inches).

v) Seat Width -Fixed passenger seats (measured along the front edge of the seat) must allow approximately 406 mm (approx. 16 inches) per person.

As an example, this would allow a medium sized five-door hatchback to operate as a private hire vehicle, but would exclude smaller three-door vehicles from being licensed.

2. Vehicles Licensed to Carry between 5 and 8 Passengers

i) These vehicles must have two means of exit in the rear part of the vehicle.

ii) No seat must be required to be tipped or otherwise moved in order to gain access to another seat, and no seat can be side facing.

iii) All seats must be fitted with three point seatbelts.

iv) No door will be obstructed by the position of a seat and all aisles or walkways must be clear and unobstructed.

v) The vehicle step height must be 250mm or less, and a grab handle must also be fitted to assist passengers.

vi) Seat Height. -From the top of the seat cushions to the lowest part of the roof lining must not be approximately 865 mm (approx. 34 inches).

vii) Leg Room Front Seat - There must not be approximately 750 mm (approx. 29 ½ inches) between the leading edge of the dash board and the back of the seat being measured.

viii) Rear/Middle Seats - There must be approximately 650 mm (approx. 25 ½ inches) between the front surface of seat backs and the back of the seat in front, measured with the front seat located as specified above.

ix) Seat Depth - Fixed passenger seats (measured from the back of the seat to the front edge of the seat cushion) must be approximately 406mm (approx. 16 inches).

x) Seat Width - Fixed passenger seats (measured along the front edge of the seat) must allow approximately 406mm (approx. 16 inches) per person.

xi) Facing Seats - The distance between the seat backs measured in a horizontal plane along the top surface of the seating cushion must be approximately 1300 mm (51 inches approx.). The distance between the front edges of the seat cushions must be approximately 425 mm (approx. 16 ¾ inches).

xii) Note: The dimensions of the seats will vary dependent upon the vehicle type and model.  The Licensing Enforcement Officer’s opinion on whether a vehicle presented for inspection meets the above policy requirements will be final.

xiii) Any proposed alteration must be discussed with an authorised officer before the works are carried out to ensure the safety of passengers carried is not compromised.

NOTE: Access to and exit from a vehicle will vary dependent upon the type and specific conversion.  The authorised officer’s opinion of accessibility will be final. 

 

E. Luggage space 

1. The vehicle shall have adequate luggage space; all luggage to be secure so as not to become a danger in the event of an accident. The authorized officer’s opinion on whether a vehicle has sufficient luggage space will be final.

F. First Aid Kit 

1. The vehicle must contain a suitable first aid kit permanently marked with the plate number of the vehicle.  A standard kit purchased from a chemist or auto store will be deemed adequate. .

G. Internal Condition

1. The interior of the vehicle must be water and wind tight.
2. The seats must be properly cushioned and covered.
3. The floor of the passenger compartment must be provided with a proper carpet, mat or other covering.

H. Windows and Window tints

1. Side windows in the passenger compartment must be capable of being opened by passengers or the vehicle must be air conditioned.  If the side windows are not capable of being opened (in the case of vehicles with between 5 and 8 seats) a suitable means of escape must be provided e.g. emergency escape hammer.
2. Vehicles fitted with Manufacturers tinted windows only will be accepted & the windows must still allow a clear view of the inside of the vehicle to and observer standing outside the vehicle. The authorised officer’s opinion in this respect will be final.  Any tinted window film applied after purchase is not acceptable.

I. LPG Conversions

1. LPG conversions must have a 150mm to 230mm crumple zone of metal between the rear of the vehicle and the gas tank.  Fitting must be by an approved fitter and all parts of the tank system shall be subject to certification.  The tank and installation must be re-tested annually and the appropriate certificate produced to the Licensing Officer before a test certificate will be issued.  NOTE:  Only multi-point sequential systems will be permitted.

J. Passenger lifts

1. Any vehicle fitted with a hydraulic lift must have a certificate issued under the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and shall have the vehicle thoroughly examined by a competent person on a frequency prescribed by them but not greater than once every 6 months.  The examination certificate must be produced to the authorized officer prior to the annual or 6 monthly inspection.

2. Any sliding/mechanical ramps must be approved by the manufacturer/vehicle supplier and be risk assessed by the owner in order to establish that the safe working load is sufficient for all needs and that the ramps are fit for purpose.

K. Vehicle Conversions

1. Any vehicle without M1 Whole Vehicle/low volume approval must have undergone a test of Voluntary Individual Vehicle Approval at a DVSA Test Station.  The original IVA certificate must be produced to the authorised officer as proof of the Individual Vehicle Approval examination before a test certificate will be issued.

L. Signs, Notices, etc.

a) All licensed private hire vehicles must display the Operator approved door signs. These signs must be displayed on the front doors of the vehicle. In the case of an MPV or minibus type, the signs can be either on the front doors or on the middle or sliding door and a sign placed symmetrically on the opposing bodywork, and on a rear door/s.

The operator is responsible for supplying approved door signs to the vehicle proprietor.

Only signage that has been approved by an authorised officer can be displayed on licensed Private Hire vehicles.

Once approved, a copy of the sign should be provided to the licensing section.

The following guidance must be taken into account when designing signage:-

i) The Council will not permit an operator to use a business name and/or phone number which is similar to one already approved.

ii) Door signs should clearly display the operator business name, contact telephone number and the words “ADVANCED BOOKING ONLY” which shall be displayed in conjunction with the name and telephone number of the operator. The said sign shall use letters at least 2” high and shall give prominence to “ADVANCED BOOKINGS ONLY”.

iii) No signage will be given approval if it is deemed to be misleading, i.e. is likely to cause a person to believe that any Private Hire vehicle is a Hackney Carriage.

iv) The words “TAXI”, “TAX” or “CAB” whether in the singular or plural, or the words “MINI CAB”, “PUBLIC HIRE CAR” or “FOR HIRE” must not be used.

b) The proprietor or driver shall cause to be affixed and maintained in a conspicuous position in accordance with the directions of the Council any sign or notices required from time to time by the Council.
 

Conditions of Licence

The licensee shall at all times comply with the provisions of Part II of the local Government (Miscellaneous Provisions) Act 1976 and the conditions hereinafter provided.  

1 Definitions 

For a legal definition of the following terms, see the Local Government (Miscellaneous Provisions) Act 1976.   

 “Appointed Test Station” a garage approved by the Council for the purposes of carrying out a Vehicle Test  

"Authorised Officer" any Officer of the Council authorised in writing by the Council for the purposes of the Local Government (Miscellaneous Provisions) Act 1976

"The Council"   Tameside Council

"Identification Plates" means the plates issued by the Council for the purpose of identifying the vehicle as a private hire vehicle

"The Licensee" means the holder of a private hire vehicle licence.

"The Operator" / “PHO” a person who makes provisions for the invitation and acceptance of booking / hiring for a Private Hire Vehicle.  

"The Private Hire Vehicle" a motor vehicle constructed to seat fewer than nine passengers, other than a hackney carriage or public service vehicle which is provided for hire with the services of a driver for the purpose of carrying passengers

"The Proprietor" means the person(s) who owns, or part owns the private hire person who is in possession of the vehicle if subject to a hiring or hire purchase agreement.

"The Meter" means any device for calculating the fare to be charged in respect of any journey in a private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey or a combination of both

“Test” a test of the vehicle undertaken at an Appointed Test Station

Words importing the masculine gender such as “he” and “him” shall include the feminine gender and be construed accordingly.

Where any condition below requires the Licensee to communicate with the Council, unless otherwise stipulated, all communication must be to the Council’s Licensing Department.  

2 Identification Plates 

2.1 The vehicle front and rear licence identification plates must be displayed in the authorised plate holder, obtained from the Licensing Department; and the plate must be fixed in the plate holder using the clips provided, so as to allow them to be easily removed by an authorised officer. The plate holder should be securely fixed to the vehicle in such a way that neither it,

nor the number plate are obscured; and that both are 100% visible. Cable ties are not an acceptable means of fixing plates to a vehicle or indeed to the plate holder.  

2.2 The Licensee shall ensure that the ‘Identification Plates’ are maintained and kept in such condition that the information contained on the plate is clearly visible to public view at all times.

2.3 The Council has specified that the vehicle licence number, make, model and licence expiry date together with the number of passengers it is licensed to carry shall be placed on the identification plate attached to the vehicle. This plate must not be tampered with or amended by anybody other than an Authorised Officer.

 

3 Condition of Vehicle  

3.1 The Licensee shall ensure that the private hire vehicle shall be maintained in good mechanical and structural condition at all times and be capable of satisfying the Council’s mechanical and structural inspection at any time during the period the vehicle is licensed.

3.2 The interior and exterior of the Private Hire Vehicle shall be kept in a clean and safe condition by the Proprietor.

3.3 The Licensee shall not allow the mechanical and structural specification of the Private Hire Vehicle to be varied without the written consent of the Council.

3.4 The Licensee of the Private Hire Vehicle shall: -  

• provide sufficient means by which any person in the Private Hire Vehicle may communicate with the driver during the course of the hiring;
• ensure the interior of the vehicle is kept wind and water tight and adequately ventilated;
• ensure the seats in the passenger compartment are properly cushioned and covered;
• ensure the floor in the passenger compartment has a proper carpet, mat or other suitable covering;
• ensure fittings and furniture of the Private Hire Vehicle are kept in a clean condition and well maintained and in every way fit and safe for public use;
• provide facilities for the carriage of luggage safely and protected from damaging weather conditions.

3.5 All vehicles must undertake and pass any further Test at the Appointed Test Station in accordance with Council policy (Arrangements for vehicle testing are entirely the responsibility of the Licensee).

3.6 A daily vehicle check log must be completed by the driver of the vehicle at the beginning of each shift. The checks to be carried out are as follows:

• Lights and indicators
• Tyre condition, pressures and tread
• Wipers, washers and washer fluid levels
• Cleanliness inside and out
• Bodywork – no dents or sharp edges
• Licence plates present and fixed in accordance with these conditions
• Any internal discs on display and facing inwards so customers can see.
• Door and bonnet stickers on display
• Tariff sheet in display
• Horn in working order

The Licensee shall record the above information and keep it in the vehicle at all times and make it available to an authorised officer upon request.     

4 Accidents 

 4.1 The Licensee shall report to the Council, in writing, as soon as is reasonably practicable and in any case within 72 hours any accident causing damage materially affecting the safety, performance or appearance of the vehicle or the comfort or convenience of passengers. The report should contain full details of the accident damage including photos.  

5 Vehicle signage 

5.1 No sign, notice, flag or emblem or advertisement shall be displayed in or on any Private Hire Vehicle without the express permission of the Council.  

5.2 The Licensee shall ensure that the Council issued mandatory bonnet and rear door and rear window signs are affixed permanently to the vehicle and are not removed whilst the vehicle is licensed.   

6 Assistance Dogs 

6.1 The Licensee shall permit any assistance dog to ride in the vehicle (in the control and custody of the passenger) and allow it to be carried in the front passenger seat footwell of the vehicles if required.  

6.2 The location of the assistance dog must be agreed with the passenger at all times.

6.3 The Licensee will ensure that any certificates exempting drivers of the vehicle from duties to carry assistance dogs, are displayed visibly and prominently as prescribed by the Council.

7 Other Animals 

7.1 Any other animal may be carried in the vehicle at the discretion of the driver and must be carried in the rear of the vehicle in the custody and control of the passenger.   

8 Meters 

8.1 If the vehicle is fitted with a meter:

• The licensee shall ensure the meter is of a type approved by the Council and maintained in a sound mechanical condition at all times
• The licensee shall ensure the meter is set to display any fare table which may be adopted by the private hire operator
• The Council may ensure calibrate and seal, at the expense of the licensee, any meter which is to be used in the licensed vehicle
• The licensee shall ensure the meter is illuminated and is located in a position where any hirer can see the fare easily
• The licensee shall ensure that the words ‘FARE’ shall be printed on the face of the meter in clear letters so as to apply to the fare recorded thereon
• The licensee shall ensure that the meter and any connected equipment is fitted securely without the risk of impairing the driver’s ability to control the vehicle or be a risk to any person in the vehicle
• No meter shall be replaced without the consent of an authorised officer of the council.   

9 Fare Tables 

9.1 The Licensee shall ensure that a copy of the current fare table is available, when not working for an ‘app only’ based operator, at all times, so it can be easily read by passengers.

9.2 The Licensee shall ensure that the fare table is not concealed from view or rendered illegible whilst the vehicle is being used for hire.

10 Licence  

10.1 The Licensee shall retain a copy of the original private hire vehicle drivers’ licences of all drivers driving the private hire vehicle and produce the same to an Authorised Officer or Police Constable on request.

 11 Convictions and Suitability Matters 

 11.1 The licensee shall ensure they provide a relevant DBS certificate as required by the Council to assess their fit and proper status; and that it is kept up to date and remains ‘valid’ in line with the Council’s policies.

 11.2 The licensee will register and remain registered with the DBS Update Service to enable the Council to undertake regular checks of the DBS certificate status as necessary.

11.3 The licensee shall notify the Council if they are subject to any:

• arrest or criminal investigation,
• summons,  
• charge,  
• conviction,          
• formal/simple caution,  
• fixed penalty,   
• criminal court order,  
• criminal behaviour order or anti-social behaviour injunction,  
• domestic violence related order,  
• warning or bind over  
• or any matter of restorative justice  against them immediately in writing (or in any case within 24 hours) and shall provide such further information about the circumstances as the Council may require.

 

12 Notifications and Licence Administration  

12.1 For the duration of the licence, the licensee shall pay the reasonable administration charge or fee attached to any requirement to attend training, or produce a relevant certificate, assessment, validation check or other administration or notification process.

12.2 The Licensee shall notify the Council in writing within 14 days of any transfer of ownership of the vehicle. The notice will include the name, address and contact details of the new owner.

 12.3 The Licensee shall give notice in writing to the Council of any change of his address or contact details (including email address) during the period of the licence within 7 days of such change taking place.

 12.4 If requested by an Authorised Officer the Licensee must provide, in the timescale requested, in writing, to Council the following information: -

• The name of the driver and their badge number;
• The address of the driver;
• The company for whom the driver works for;
• The date and time you hired / lent / leased / rented your vehicle to the driver;
• Whose insurance the driver will be using the vehicle under;
• Whether the driver will have sole use of the vehicle; if not sole use whom else will have access to the vehicle;  
• The expected duration the vehicle will be hired / lent / leased / rented to the driver

 13 CCTV 

 13.1 The licensee shall ensure that, in accordance with any Council policy, that CCTV cameras are fitted and in good working order.   

NB: This proposed condition is subject to change and further consultation if CCTV is mandated either by GM or the Government. At this stage further conversations will take place with the Surveillance Commissioner and relevant parties.  

 
14 Local Additional Conditions 

14.1     Vehicles Licensed to Carry between 5 and 8 Passengers 

1. These vehicles must have two means of exit in the rear part of the vehicle.
2. No seat must be required to be tipped or otherwise moved in order to gain access to another seat, and no seat can be side facing.

14.2     Vehicle Emissions Standard 

The emissions emitted by the vehicle must comply with the relevant Euro emissions standard for the age of the vehicle:

1. Vehicles first registered up to 31 December 2010 must comply with the Euro 4 emissions standard.
2. Vehicles first registered up to 31 August 2015 must comply with the Euro 5 emissions standard.
3. Vehicles first registered after 1 September 2015 must comply with the Euro 6 emissions standard.
4. As the emissions standards for vehicles continue to become more restrictive, licensed private hire vehicles will be required to comply with the emissions standards relevant to the vehicle at the time of its first registration.

 

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