Conditions attached to wheelchair accessibly Hackney carriage proprietors licences and private hire vehicle licenses.
1.0 Definition
1.1 For the purpose of these conditions a vehicle shall be deemed to be accessible to passengers who use a wheelchair if it is adapted or designed to carry at least one passenger who uses a wheelchair.
2.0 Type of vehicle
2.1. Vehicles will only be licensed if they satisfy the definition of a wheelchair accessible vehicle contained in paragraph 1 above and are of a vehicle type which has been approved in accordance with the procedure outlined in paragraph 4 below.
Once so approved these vehicles will appear on the council's approved list of vehicles for transporting passengers who use a wheelchair.
2.2 Once a vehicle has been approved and a licence granted, it shall be maintained in that form and no change in the specification, design, condition or appearance of the vehicle shall be made for the duration of the licence without the prior written approval of the council.
3.0 Age criteria
3.1 In the case of a first application, vehicles must not be more than one year old, taken from the date of first registration, the vehicle having being registered within twelve months of the date of its manufacture.
3.2 In the case of an application for a renewal of a licence, vehicles must normally not be more than eight years old, taken from the date of first registration, unless found to be in exceptional condition with regard to the vehicles age, condition of the bodywork and interior.
3.3 Once licensed, if the vehicle sustains accident damage, vandalism or theft, a vehicle up to five years old, for petrol, diesel and diesel hybrid engine vehicles, and up to 7 years from the date of application and with recorded mileage lower than 120,000 miles for electric, petrol hybrid and LPG engine vehicles, taken from the date of first registration, may be licensed as a replacement vehicle for the duration of that licence, subject to the age, condition of the bodywork and interior of the vehicle.
3.4 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.
3.5 All vehicle licences will normally expire at the end of the month of the anniversary date of the vehicle reaching its eighth year, unless found to be in exceptional condition.
3.6 Proprietors can apply for an extension to age criteria condition and providing that the vehicle is:
- In a suitable mechanical condition
- Safe
- Comfortable
And meets all licensing conditions, a 4 seater wheelchair accessible vehicle may continue to be licensed beyond 8 years to a maximum of 10 years, and a 5,6,7 seater wheelchair accessible vehicle may continue to be licensed to a maximum of 12 years.
This will be determined by a formal inspection by an Authorised Officer of the Taxi and Private Hire Licensing Section. Vehicles may be subject to an additional inspection twice a year.
4.0 Approval of vehicle
4.1 For a vehicle to be approved as a wheelchair-accessible Hackney Carriage, it must hold a valid EC Certificate of Conformity in the form in which it is to be licensed. The certificate must show the name of the vehicle manufacturer. In the case of a converted vehicle, an additional EC Certificate of Conformity showing the name of the converting company must also be provided. The original certificate(s) must be provided to the council with the licence application.
4.2 If the vehicle has a centre division onto which a passenger in a wheelchair or other passengers seats, seatbelts, seatbelt anchorage’s or the wheelchair lockdown system are to be attached, a document certifying that a separate static test has been satisfactorily carried out, must be provided at the time the application is submitted.
4.3 If the vehicle is accessible from the rear with the passenger in the wheelchair facing forward whilst travelling, the system within the vehicle used to secure the passenger and the wheelchair must be approved.
A document certifying that this approval has been obtained must be provided at the time the application is submitted. The council reserves the right not to accept such certification if they are not satisfied with the approving organisation.
4.4 Notwithstanding that the requirements of paragraph 4.1, 4.2 and 4.3 as appropriate are satisfied, the vehicle will not be approved for licensing by the council until it has been inspected by those individuals who may be nominated from time to time by the council to comment on the accessibility of the vehicle for wheelchair users.
If the vehicle or its design is not approved by a majority of these individuals the vehicle will not normally be licensed.
4.5 Before the licence application is determined a copy will be sent by an authorised officer to the Leeds Hackney Carriage Joint Trade Council for their comments. Any comments received will be considered as part of the application.
4.6 In addition to these approvals the vehicle must be adapted or designed to accommodate the following:
4.7 Entry to the vehicle for wheelchair users
4.7.1 At least one door on the vehicle must provide an aperture sufficiently large to load and unload a wheelchair and occupant 1250mm high and 750mm wide.
4.7.2 The area within the vehicle for the passenger travelling in the wheelchair must be adequate. This area should be a minimum width of 750mm (at mid height) by 1200mm long at floor level with a minimum of 1400mm from floor to roof lining overhead.
4.7.3 All wheelchair accessible vehicles must be fitted with either a ramp or lift to load and unload the wheelchair occupant.
Requirements for Lifts
4.7.4 Lift platforms shall be of sufficient size to accommodate an occupant in the reference wheelchair. The lift surface should be covered with non-slip material. Side edges of the lift platform shall be provided with flanges at least 25mm high to prevent the wheelchair rolling off. The rear edge shall incorporate a device at least 100mm high to prevent rolling off which becomes effective when the lift leaves the ground.
4.7.5 The edges of the lift surface shall be marked in a high contrast colour scheme.
4.7.6 If power operated, the lift shall have a manual means of operation in the event of a power failure. Lifts complying with BS 6109 shall be considered to meet all the above criteria.
4.7.7 Lifts must be stowed in a way which does not obstruct any handle or other opening device for any exit and such that in the event of an accident it could not cause injury to either passengers or the driver. If the lift obstructs an exit it must also be capable of being manually pushed or pulled out of the way from the inside and outside when the door is open so as to leave the doorway clear for use in an emergency.
4.7.8 Any controls for the operation of a lift must be inhibited while the vehicle is in motion and may only be operated at the point where the boarding device is fitted either by the driver or by an individual under their supervision.
4.7.9 The lift shall have a minimum safe working load of 300kg.
4.7.10 Where a vehicle is fitted with a power operated lift, the proprietor of the vehicle shall produce to the council’s vehicle inspector on each occasion that the vehicle is presented for testing by the council, a valid test certificate for such lift in accordance with the requirements of the Lifting Operations and Lifting Regulations 1998 (LOLER). These regulations require that the passenger lifts are tested and certified as fit by a competent person every six months.
Requirements for ramps
4.7.11 The ramp must provide a continuous surface at least 750mm wide and should not exceed 1900mm in length when deployed. Channel ramps may also be used but must comply with these requirements when assembled. Only Hackney Carriages that are currently licensed may continue to use channel ramps.
4.7.12 Channel ramps will not be approved on vehicles submitted for first time approval with the council or after an existing licence has expired. 4.7.13 The ramp surface should be covered with non-slip material. Side edges of the ramp shall be provided with flanges at least 25mm high to prevent the wheelchair rolling off.
4.7.14 The edges of the ramp surface shall be marked in a high-contrast colour scheme.
4.7.15 The ramp shall have a minimum safe working load of 300kg.
4.7.16 When the ramp is deployed on to a flat, level road with the vehicle unladen but with a full tank of fuel and all other equipment normally carried, the slope must not exceed 1 in 3 (33.3% or 18.50 ) from the side loading area. Under those same conditions a rear facing ramp slope must not exceed 1 in 4 (25% or 14.10). If a vehicle is fitted with a “kneeling” suspension system, it may be operated to satisfy this requirement
4.7.17 When in use the ramp must be securely located at the point of wheelchair entry.
4.7.18 Ramps must be stowed in a way which does not obstruct any handle or other opening device for any exit and such that in the event of an accident it could not cause injury to either passengers or the driver. If the ramp obstructs an exit it must also be capable of being manually pushed or pulled out of the way from the inside and outside when the door is open so as to leave the doorway clear for use in an emergency.
4.8 General Entry and Exit Requirements
4.8.1 On all passenger doors the method of opening and direction of opening should be clearly marked on the inside and outside of the vehicle.
4.8.1.1 Markings must be in a contrasting colour to the surrounding background and lettering should be at least 20mm high.
4.8.2 Adequate illumination must be provided at night for the following areas when passengers are boarding and alighting:
4.8.2.1 every entrance and exit step;
4.8.2.2 the ground immediately outside any entrance or exit;
4.8.2.3 the point in the vehicle where the fare is paid; and
4.8.2.4 the passenger saloon.
4.8.3 All passengers must have direct access to at least two doors one of which must be on the near side of the vehicle. Additional doors may be provided.
4.8.4 It shall be possible for all passengers to reach at least two doors from their seats in reasonable comfort without having to move, displace or otherwise act upon any other seat or feature in the vehicle. This does not preclude the act of simply raising a seat facing a wheelchair passenger to assist in the manoeuvring of the wheelchair in the vehicle.
4.8.4.1 In cases where there is no door adjacent to a particular row of seats, in order to reach an exist from any seat in that row, no passenger must have to pass through any gap narrower than one define by the space required for the test cylinder described below.
4.8.4.2 The minimum dimensions of the gap must be such that it is possible to pass a rigid cylindrical shape of diameter 420mm and length 1000mm, through that gap without any part of the flat face of that cylinder leaving the vehicle floor.
Steps
.8.5 If the vehicle’s interior floor is more than 250mm above the ground (with the vehicle empty except for a full tank of fuel), one or more steps must be provided. The height of the first step surface above the ground must not exceed 250mm (measured with the vehicle empty save for a full tank of fuel unless a kneeling suspension system is fitted).
4.8.6 There must be no more than 3 steps into the vehicle.
4.8.7 All steps must be permanently secured to the vehicle at the point 7
4.8.8 The vertical distance between the adjacent steps and between any final step and the interior floor of the vehicle must be between 120mm and 200mm.
4.8.9 All steps must present a useable surface at last 400mm wide and 280mm deep.
.8.10The surface of all steps must be slip resistant. Step nosing must be designed to minimise risk of tripping and must be in a contrasting tone and colour(s) to the step surface.
4.8.11 No step, lift or ramp fitted to the side of a vehicle may project more than 100mm beyond the widest part of the vehicle (disregarding mirrors) when the vehicle is in motion.
4.8.12 Any step (fixed or retractable) must be constructed and secured to the vehicle in such a way as to withstand, with no permanent deformation, the application of a weight at its centre of:
125kg, in the case of a step designed for one person and 250kg, in the case of a step designed to accommodate one person and one assistant.
Hand holds
4.8.13A pair of handrails/handholds must be provided at the near side and offside passenger doors and must not impede access or egress. The surface o f these should be of a slip resistant finish and must contrast in colour and tone with the surrounding area.
4.8.14 There shall be a clearance of at least 35mm between the inside of the working part of the grab handle and the surface to which it is attached. 4.8.15The working section of the grab handle shall have a diameter (or major diameter in the case of a non-circular section) between 30 and 35mm.
4.9 Wheelchair within the Vehicle
4.9.1 It shall be possible to load a wheelchair occupant seated in the reference wheelchair and once in the vehicle, manoeuvre the chair into the prescribed position for travelling in safety and without lifting any of the wheelchair’s wheels from the floor.
4.9.2 Occupied wheelchairs must only be transported either forward or rearward facing.
4.9.3 The minimum headroom over the centre of the wheelchair space must be 1400mm.
4.10 Securing the Wheelchair
4.10.1 The wheelchair must be secured independently of the occupant regardless of its orientation within the vehicle. Requirements for tie-downs in the case of a rearward-facing wheelchair.
4.10.1.1 The vehicle shall be fitted with a wheelchair tie down system situation symmetrically about the longitudinal centreline of the wheelchair space.
4.10.1.2 A tie down system shall, subject to sub-paragraphs 5.1.1.4 and 5.1.1.5, incorporate at lest two attachment points on to the wheelchair. The attachment points shall be approximately symmetrically arranged about the longitudinal centreline of the chair.
4.10.1.3 The tie-down system must be able to withstand a force of 10kn applied horizontally towards the rear of the vehicle via a wheeled loading apparatus designed to represent the reference wheelchair (e.g. a surrogate wheelchair).
The force shall be maintained for at least 0.2 seconds. The loading apparatus shall remain in place following the test. Documentary evidence of such testing will be required for licensing.
4.10.1.4 Where an alternative wheelchair tie down system is fitted, the manufacturer shall provide such information as may be necessary to demonstrate that the system provides an equivalent level of protection to the requirements described above.
4.10.1.5 Wheelchair tie-down equipment satisfying the requirements of ISO 10542 will be considered acceptable but the mounting points on the vehicle to which the tie-down(s) is/are attached must also be shown to meet the above requirements.
Requirements for tie-downs in the case of a forward facing wheelchair
4.10.1.6 The vehicle shall be fitted with a wheelchair tie down system situated symmetrically about the longitudinal centreline of the wheelchair space.
4.10.1.7 Subject to paragraphs 5.2.1.6 and 5.1.2.7, a tie-down system for a forward facing wheelchair must attach to at least four points on the wheelchair. The attachment points shall be approximately symmetrically arranged about the longitudinal centreline of the chair.
4.10.1.8 Where different tie-down devices are used for the forward and rearward direction the attachment point to the vehicle
Must be so designed that it is not possible to attach the tiedown to the wrong anchorage point. This does not apply if the devices are permanently attached to the appropriate anchorage point or clearly labelled to indicated their suitability for a particular application.
4.10.1.9 The tie-down system must be able to withstand a force of 22.2kn applied horizontally towards the front of the vehicle via a wheeled loading apparatus designed to represent the reference wheelchair (eg a surrogate wheelchair). The force shall be maintained for at least 0.2 seconds. The loading apparatus shall remain in place following the test. Documentary evidence of such testing will be required for licensing.
4.10.1.10 The tie-down system must be able to withstand a force of 10.0kn applied horizontally towards the rear of the vehicle via a wheeled loading apparatus designed to represent the reference wheelchair (eg a surrogate wheelchair). The force shall be maintained for at least 0.2 seconds. The loading apparatus shall remain in place following the test. Documentary evidence of such testing will be required for licensing.
4.10.1.11 Where an alternative wheelchair tie down system is fitted, the manufacturer shall provide such information as may be necessary to demonstrate that the system provides an equivalent level of protection to requirements described above.
4.10.1.12 Wheelchair tie-down equipment satisfying the requirements of ISO 10542 will be considered acceptable but the mounting points on the vehicle to which the tie down(s) is/are attached must also be shown to meet the above requirements.
4.11 Securing the Wheelchair Occupant
4.11.1 The wheelchair occupant must be secured completely independently of the wheelchair.
4.11.1.1 Requirements for occupant restraints in the case of a rearward facing wheelchai.r
4.11.1.2 Any wheelchair occupant travelling rear facing should be afforded similar levels of protection to any other rear facing occupant in the same vehicle.
4.11.1.3 As a minimum, a 3 point belt shall be provided for each wheelchair occupant.
4.11.1.4 The anchorages for any rear facing wheelchair occupant restraint shall comply with the strength and positional requirements of Directive 76/115/EC (as amended) for a rear facing seat when tested using an apparatus designed to represent the reference wheelchair (eg a surrogate wheelchair). Documentary evidence of such testing will be required for licensing.
Requirements for occupant restraints in the case of a forward facing wheelchair
4.11.1.5 Any wheelchair occupant travelling forward facing should be afforded similar levels of protection to any other forward facing occupant in the same vehicle. As a minimum, a three-point belt shall be provided for each wheelchair occupant. Provision should be made for the belt to be worn in contact with the wearers pelvis rather than the arms or other rigid parts of the wheelchair.
4.11.1.6 The anchorage’s for any rear-facing wheelchair occupant restraint shall comply with the strength and positional requirements of Directive 76/115/EC (as amended) for a forward-facing seat. Documentary evidence will be required for licensing.
4.11.1.7 Where there is a requirement for any equipment to meet at British Standard the product should be clearly marked to identify it as meeting that required standard.
4.11.1.8 Where there is a compliance standard required by these Conditions on any equipment, evidence of conformity to that standard will be by way of original certification for that particular piece of equipment. Authentication of compliance must be proved by a suitable qualified technician or test centre approved by the council.
4.11.1.9 Any proposed variation to the vehicle specification approved under this condition must be submitted to an Authorised Officer for approval. If the variation is suitable, written approval will be given before the vehicle is included on the approved vehicle list.
5.0 Grant of license
5.1 Once approval has been given for the grant of a licence, the vehicle shall be presented for licensing within six months subject to any delays which are outside the Applicant’s control. Any delay together with the reasons for it shall be notified to the Taxi and Private Hire Licensing Section in writing as soon as possible.
6.0 Communication equipment
6.1 The vehicle must be fitted with a two way radio.
7.0 Vehicles which are accessible must be made available upon demand
7.1. The vehicle proprietor must ensure that a vehicle which can carry passengers who use a wheelchair is made available to such passengers upon demand, unless the vehicle is not available for hire at the time the request is made.
8. 0 Corporate advertising on vehicles which are accessibly by wheelchair
8 .1 Hackney Carriage vehicles which are accessible by wheelchair may display a corporate livery in accordance with the provisions of this condition. If approval is given for the Hackney Carriage to carry a corporate livery, the vehicle will be required to comply with the provisions of paragraph 13.
8.2 Corporate livery may be approved for fitting to a wheelchair accessible Hackney Carriage for the first five years of its licensing life when the existing Proprietor purchased the vehicle prior to it attaining three years of age from the date of first registration.
Where an existing Proprietor has purchased a wheelchair accessible Hackney Carriage, before it had attained three years of age from the date of first registration, they may continue to seek approval for the application of Corporate Livery until the vehicle reaches the last day of its fifth year from the date of first registration.
8.3 Applications must be made on the prescribed form12 by the Proprietor of a Licensed Hackney Carriage of the District, or a Taxi Association representing a group of Proprietors.
8.4 Applications which appear to be acceptable will be sent by an Authorised Officer to the Leeds Amalgamated Public Taxi Association (LAPTA) and the Taxi Owners Association (TOA) for their comments. Any comments from these agencies will be considered as part of the application.
8.5 The corporate livery must incorporate the entire bodywork of the vehicle. Appropriate advertisements on the back of flip down rear facing seats within the vehicle will also be permitted.
8.6 Each application will be submitted to the Chief Officer Electoral and Regulatory (delegated to the Taxi and Private Hire Licensing Manager) and considered with regard to the guidelines on corporate advertising on hackney carriages in Leeds as issued by the council
8.7 Once approval has been given the livery must be professionally prepared, clearly legible and properly maintained.
8.8 At the conclusion of the agreement the vehicle livery shall immediately be restored to the livery approved by the council for hackney carriage vehicles as contained in paragraph 6 of the conditions attached to the hackney carriage proprietor’s licence.
8.9 At the expiration of the approval period, the vehicle must be presented for inspection at the Licensing Office with the advertising material removed.
9.0 Luggage space
9.1A compartment must be provided to adequately accommodate passenger luggage. This must be separate from the passenger seating area or the area in which a wheelchair and occupant are secured.
9.2This may be an area behind the rearmost seat or the front seat passenger area with the seat permanently removed.
10.0 Obscuring of rear lights
10.1 The rear doors of a wheelchair accessible Hackney Carriage must so designed so as not any time obscure the rear light cluster either to the offside or near side when a wheelchair occupant is being loaded or unloaded.
11.0 Driver partition
11.1 Any wheelchair accessible Hackney carriage shall be so designed and constructed as to contain a partition separating the rear facing passenger the driver from any passenger(s) travelling in the vehicle. Where the passengers are forward facing there will be no requirement to fit a partition. Where such a partition is fitted as a preference by the proprietor. It will confirm to the technical specification set out in this condition.
11.2 The partition shall incorporate a means of communication with the driver and a means by which a fare may be paid without leaving the vehicle. 11.3 The partition shall extend the full width and height of the vehicle interior at the point where it is fitted.
11.4 The upper portion of the partition may be glazed, but without tint and, in any event, must allow the occupants of the rear seats to see the fare display at all times.
11.5 If the partition is of glass it will as a minimum standard comply with BS5857, BS5282, BSAV178. The only other permitted glazing material is polycarbonate.
11.6 The purpose of the partition is to provide a reasonable degree of privacy for the passengers and a reasonable degree of protection from attack for the driver.
12.0 Emergency warning triange
12.1 All Wheelchair Hackney Carriages must carry an emergency warning triangle complying with ECE Regulation 27 at all times. The triangle must be secured in a part of the vehicle not used for carrying passengers (eg driver’s compartment or boot). In the event of a breakdown, or other potentially hazardous operation, such as loading or unloading a wheelchair, it must be deployed in accordance with the manufacturer’s instructions.
13.0 Livery on vehicles accessible by wheelchair with approved corporate advertising
13.1 This condition shall only apply to a licensed Hackney Carriage vehicle constructed or adapted for the carriage of passengers who use wheelchairs and which carries corporate advertising approved by the council.
13.2 Licensed Hackney Carriage vehicles which are accessible by passengers who use a wheelchair and carry corporate advertising which has been approved by the council MUST exhibit or display:
13.2.1 One vehicle licence plate pre-printed by the council with the phrase “Licensed Taxi” bearing the Hackney Carriage vehicle licence number and registration number, must be fitted to the rear external bodywork of the vehicle. This plate must be fitted by the council and once done so, should not be removed except upon expiry of the vehicle licence.
13.2.2 The International Wheelchair sign measuring 160mm x 160mm and featuring a white symbol on a blue background. This must be displayed in the rear and side windows so as to be clearly visible.
13.3 The vehicle will also be required to display the identification disc and windscreen signs as specified in paragraphs 5.3.3 and 5.3.4 of the conditions attached to a hackney carriage proprietor’s licence.