Conditions relating to hackney carriage vehicles (The local government (miscellaneous provisions) Act 1976).
Interpretation
In these conditions:
(a) “Authorised Officer” means the Chief Officer, Elections and Regulatory, the Taxi and Private Hire Licensing Manager, Operations Manager, Licensing and Finance Manager and the Principal Enforcement Officers, and any other officers as may be nominated from time to time by the Chief Officer, Elections and Regulatory.
(b) “Byelaws” means the Leeds City Council Byelaws with respect to Hackney Carriages dated 26th March 1975
(c) “The Act” means the Local Government (Miscellaneous Provisions) Act 1976
(d) “The Council” means Leeds City Council
(e) “The Proprietor” means the person for the time being shown on the Hackney Carriage vehicle licence as the proprietor of the vehicle.
(f) The conditions attached to wheelchair accessible hackney carriage proprietors’ licences shall only apply in respect of vehicles which are accessible to passengers who use a wheelchair. These conditions shall apply in addition to the conditions attached to a hackney carriage proprietors licence, save where they are varied by the terms of these conditions. Where that is the case, these conditions shall be complied with.
(g) Any obligation in these conditions not to do any act or thing shall be deemed to include an obligation not to cause or permit the act or thing to be done
(h) Any reference to any statute or subordinate legislation shall be deemed to include a reference to any amendment or re-enactment.
1. Type of vehicle
1.1.Only vehicles which appear on the hackney carriage approved list can be submitted for licensing as a hackney carriage vehicle.
1.2.Each vehicle to be licensed shall be:
1.2.1. A manufacturers’ standard right hand drive vehicle with a minimum nominal engine capacity of 1400cc for petrol, diesel and diesel hybrid engine vehicles, with no minimum engine capacity for electric, petrol hybrid and LPG vehicles, fitted with at least four doors, two to the near side and two to the off side, with a minimum of four wheels.
1.2.2. All glazing shall comply with Construction and Use Regulation 32 with regard to the level of tint. A minimum light transmission value of 70% shall be maintained in all windows except a windscreen, which shall have a minimum light transmission value of 75%. Tinted films applied to the vehicle windows are not permitted.
1.2.3. Maintained in its original form with no change in the specification, design, condition or appearance of the vehicle being made without the prior written approval of an Authorised Officer at any time while the vehicle licence is in force.
1.2.4. No vehicle will be granted a licence if it has sustained accident damage resulting in structural distortion beyond the accepted limit of the vehicle manufacturer, or if it has been disposed of under an insurance salvage agreement (categories A, B, C and D).
1.2.5. Provided with a fire extinguisher and a suitable first aid kit containing appropriate first aid dressings and appliances. Such equipment is to be carried in such a position in the vehicle as to be readily available for immediate use in an emergency.
2. Age criteria
(a) Vehicles being licensed for the first time
The age of a vehicle, for licensing purposes, shall be determined by the date of first registration on the V5 document (log book). A vehicle will only be accepted for licensing if the date of first registration is less than 5 years from the date of application for petrol, diesel and diesel hybrid engine vehicles, or 7 years and less than 120,000 miles for electric, petrol hybrid and LPG vehicles. The vehicle must be licensed for use within one month from the date of application.
(b) Existing licensed vehicles seeking to be relicensed (under 7 years old)
A currently licensed vehicle will continue to be re-licensed for up to 7 years from the date of first registration providing that all other licensing requirements relating to that vehicle have been complied with, and that the licence is renewed before the Taxi and Private Hire Licensing Section’s last working day of the month of expiry of the licence. Any break in the licence will result in part (a) of this condition coming into effect.
(c) Inspection policy for licensed vehicles seeking to be relicensed beyond 7 years
A currently licensed vehicle may continue to be re-licensed beyond 7 years from the date of first registration providing that it is:
- in suitable mechanical condition
- safe
- comfortable
and meets all licensing conditions. This will be determined by a formal inspection by an Authorised Officer of the Taxi and Private Hire Licensing Section.
It is the responsibility of the vehicle proprietor to ensure that vehicle inspection arrangements are in place prior to the expiry of the vehicle licence, allowing sufficient time for both the inspection and any remedial work to be completed prior to the expiry date.
2.2 Vehicles may be replaced, at the discretion of the Proprietor, during the duration of the vehicle licence. Such vehicles must normally not be more than five years old at the date of application, taken from the date on which the vehicle was first registered.
3. Liquefied petroleum gas
3.1.Vehicles equipped to operate on Liquefied Petroleum Gas (LPG) fuel may only be licensed if the LPG equipment complies with the requirements laid down for this purpose by the Council.
3.2.Prior to installing an LPG conversion in a vehicle which is already licensed by the Council, the Proprietor shall advise the Council, in writing, of their intention to do so.
This differs for Wheelchair Accessible Vehicles, please refer to their specific Conditions.
3.3.Once the conversion is completed the vehicle shall not be used as a Hackney Carriage unless it has been examined and approved in writing by an Authorised Officer.
4. Communication equipment
4.1.Radio equipment or such other device may be fitted in the vehicle to provide sufficient means by which any person in a Hackney Carriage base station may communicate with the driver.
4.2.Radio equipment or such other device may be fitted in the vehicle for use in connection with a licensed Hackney Carriage being used for Private Hire bookings with a Private Hire operator’s licence.
4.3.No licensed proprietor shall use any radio equipment other than equipment approved by the Department of Trade and Industry (DTI) under the provisions of the Wireless Telegraphy Act 1949. This licence shall be produced for inspection if required by an Authorised Officer or Police Constable.
5. Signs and markings (This condition will be enforced from 1 April 2003)
5.1.Vehicle identifications which are issued by the Council in accordance with section 47(2) of the Act must be displayed at all times. If you permit the vehicle is used with any prescribed sign or badge not displayed or if it is displayed in a manner and position not prescribed, this may constitute a breach of the conditions of licence.
5.2.Vehicle identification badges and plates issued remain the property of the Council and must not be sold, transferred, altered or tampered with in any way.
5.3.No other signs or markings, save for those listed below may be exhibited in or displayed on the vehicle. The following signs must be displayed:
5.3.1. Three vehicle licence plates pre-printed by the Council with the phrase “Licensed Taxi” bearing the Hackney Carriage vehicle licence number, must be fitted to the rear external bodywork, near and off side front doors of the vehicle. These plates must be fitted by the Council and once done so, should not be removed, except upon expiry of the vehicle licence.
5.3.2. A sign bearing the word “Taxi” on its front and rear face must be installed on the roof of saloon vehicles in a position central to the width of the roof. The sign must be capable of being illuminated via the taximeter when not hired. When illuminated the sign must at all times comply with the requirements of vehicle lighting regulations.
Further information on these requirements is available from the Vehicle Licensing and Enforcement Section.
5.3.3. An identification disc issued by the Council which must be fixed to the inside, lower, nearside corner of the front windscreen so that it is visible from the roadside.
5.3.4. Two non illuminated windscreen signs as approved by the Council which should not be more than seventy five millimetres (three inches) in depth must be fitted to the front and rear windscreens, so as to be visible from the outside. These signs must display the words “Licensed Taxi” in block capital letters measuring approximately six millimetres (quarter of an inch) in height. The vehicle proprietor or vehicle base station name and telephone number may also be displayed in such lettering as may be compatible with the overall dimensions of the sign.
5.4.The Council shall be responsible for issuing the licence plates and identification disc and the position and manner of fitting them shall be determined by the Council at the time of application for the vehicle licence.
5.5.One further licence plate, in the same format as those in paragraph 5.3.1 may be fitted to the bonnet of the vehicle. This plate will be produced and fitted by the council.
5.6.1 A space will be included on the plates affixed to the doors (and bonnet) in which the proprietor may attach a sign specifying the proprietor’s name or the name of the base station of the vehicle and a telephone number only. This must be printed in lettering a minimum height of fifty millimetres (two inches). This sign must be fixed to the licence plate with adhesive and must not cover any of the pre printed lettering on the plate.
5.6.2 A sample artwork of this sign must be submitted to the Vehicle Licensing Section together with the application for a hackney carriage proprietors licence. This will be determined together with this application. Approval will not be given for any wording which might be considered offensive, or for the advertisement of any product or service other than that of a licensed hackney carriage. Wording which is so approved must only be applied to those plates issued for display on the doors (and bonnet) of the vehicle.
5.6.3 Once approval has been given, the sign must be professionally prepared and clearly legible. This sign can be prepared and fitted by the Council.
5.7 All signs and markings on display should not be concealed from public view or be defaced so as to be illegible at any time.
5.8 All signage, including those plates issued by the Council, must be properly maintained. Leeds City Council will not issue these signs, unless requested.
5.9 This condition shall not apply to hackney carriage vehicles which are accessible with a wheelchair and carry corporate advertising which has been approved by the Council.
6 Livery
6.1 The Hackney Carriage must be painted all white except for the bonnet and boot lid which must be all black except for those vehicles which display a corporate livery which must comply with the provisions of paragraph nine of the conditions attached to the wheelchair accessible hackney carriage proprietor’s licence.
7 Insurance
7.1 At all times for the duration of the licence there must be in force in relation to the use of the vehicle as a Hackney Carriage vehicle a policy of insurance such as complies with the requirements of Part VI of the Road Traffic Act 1988.
7.2 The proposer of the insurance produced must be the Proprietor of the licensed vehicle.
7.3 Before the licence is granted the Applicant must produce an original current certificate of insurance or cover note showing that there is in force such a policy as is required under paragraph 7.1. Photocopies or facsimiles will not be accepted.
7.4 If the vehicle is covered by a block insurance policy the Applicant must produce an original certificate or cover note as complies with paragraph 7.1.
7.5 If the certificate of insurance or cover note does not include details of the vehicle or driver a DVLA V5 Registration Document will be required to confirm the requirements of paragraph 7.2.
7.6 For the duration of the licence the original certificate of insurance or cover note must be carried in the vehicle. The documentation must be available for inspection by an Authorised Officer or Police Constable at all reasonable times.
8 Passengers
8.1 Notwithstanding the provisions of paragraph 12 of the Byelaws the following conditions will be enforced by the Council in respect of the transportation of passengers in the hackney carriage vehicle:
8.1.1 Each child under the age of ten years transported in the vehicle will be regarded as a separate passenger when reckoning how many passengers can be lawfully transported in the vehicle for the purposes of the licence.
8.1.2 Each child under the age of three will be included when reckoning how many passengers may be transported.
8.1.3 If travelling in the front seat of the vehicle, children under the age of three must be seated in an appropriate restraint EXCEPT where the vehicle is fitted with an airbag in which case the child should travel in the rear of the vehicle in an appropriate restraint. Guidance on an appropriate restraint can be found in the DTLR guide "Seat Belts and Child Restraints".
9 Vehicle maintenance
9.1 Every vehicle shall be maintained in a safe and clean condition at all times in accordance with the appropriate operators, associations or independents vehicle maintenance plan11 and be subject to such examinations as are reasonably required by an Authorised Officer.
10 Taximeter
10.1 All hackney carriages licensed by the Council shall be fitted with a taximeter as approved by the Council.
10.2 The use and operation of the taximeter must be in accordance with the provisions of paragraph 4 of the Byelaws (which are produced at Appendix One to these conditions)
11 Security cameras inside vehicles
The main issues in respect of a safety camera fitted to a vehicle are set out below:
(a) Will be of a make, type and design previously approved by Authorised Officers of the Council and on the ‘Approved List’ maintained by the Taxi and Private Hire Licensing Section.
(b) Will not be changed in any way from its original design, be free of damage and maintained in working condition.
(c) The vehicle will carry appropriate signs, approved by Authorised Officers, informing the public that camera surveillance is active in the vehicle.
(d) The recording system and memory card (or other image memory recording system) will be securely stored within the vehicle and away from public access.
(e) Installation and maintenance must be in accordance with manufacturer’s specifications and recommendations.
(f) The images contained in the recording device may only be downloaded by an Authorised Officer of the Council or Police Officer.
12 Vehicle licence suspension prohibition notice
12.1 Any licensed vehicle stopped for a roadside check or routine inspection which is found to be seriously defective will be issued with a prohibition notice suspending the vehicle licence. The prohibition notice may be issued by an Authorised Officer or Police Constable. A copy of the notice suspending the licence will be sent to the operator or base station
12.2 All prohibition notices are recorded by the Vehicle Licensing and Enforcement Section and this and other information may be used to:
12.2.1 raise an objection to any future application for a licence; and/or
12.2.2 revoke or suspend the current Hackney Carriage Proprietor’s licence
12.3 Any vehicle which acquires a Vehicle Prohibition Notice suspending the licence for a serious defect may be required, at the discretion of an Authorised Officer or Police Constable to obtain either an MOT certificate or MOT stamp on the notice to demonstrate that the vehicle is roadworthy, before the suspension will be lifted. The cost of obtaining such certificate or stamp will be borne by the Proprietor.
12.4 Before the suspension will be lifted the Proprietor must submit a revised vehicle maintenance plan addressing the defects. The plan produced must be to the satisfaction of an Authorised Officer.
12.5 Any action taken under this procedure will be in accordance with the Vehicle Inspectorate Guide “Categorisation of Defects” in order to promote consistency between Authorised Officers and Police Constables.
13 Change of name or address
13.1 Once licensed if the Proprietor changes their name or address during the currency of the licence they must inform the Council in writing within seven days of such a change taking effect.
14 Failure to comply with conditions
14.1 Failure to comply with any of these conditions may lead to action under the Council’s Vehicle Off Road/ Vehicle Rectification System or may lead to your licence being suspended or revoked.
