Agenda and minutes

            To confirm the minutes of the meeting held 5 November 2009. (Copy attached)

The minutes of the meeting held 5 November 2009 were confirmed as a correct record and signed by the Chairman.

There were none.

To receive any declarations of personal or prejudicial interests or dispensations granted by the Standards Committee.

None were declared.

The Council welcomes contributions from members of the public.

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named above for any further clarification.

Members of the public wishing to ask a question should give written notice (including details of any question) to the officer named above by 12:00 noon on 11^th December 2009.

Mrs Frances Mackay (Applicant) was present at the meeting and indicated that she wished to address the Committee regarding the Private Hire Car Licensing item on the Agenda.  The Chairman confirmed that he would hear from Mrs Mackay when the Committee where discussing this agenda item.

            To receive the minutes of the following Licensing Sub-Committees:

            Southern Area

            3^rd November 2009                       

The Committee received the minutes of the Licensing Sub-Committee meetings held in the Southern Area on 3^rd November 2009.

Resolved:

That the minutes be received and noted.

To consider the attached report.

The Chairman circulated copies of photographs to the Committee of examples of different motorised trikes which would be included within the realms of any licence granted.

The Licensing Officer outlined the details of the application and explained that the Committee was being asked to consider the request for the licensing of a motorised trike as a private hire vehicle and to include additional conditions for the safety of its users.

Mrs Mackay addressed the Committee and requested that the proposed condition for all passengers, including the driver to wear a helmet be reconsidered as this was not required under the law of the Road Traffic Act.  She stated that five other counties have licensed similar vehicles and not included the condition that helmet should be worn by all passengers.

The Licensing Officer reported the view that under the Health and Safety at Work Act, 1974 the driver as a minimum should be required to wear a helmet as it should be deemed to be a piece of protective work equipment.

It was highlighted by the legal representative that there would need to be the usual exemptions i.e. religious groups that could not be enforced to wear a helmet.

Resolved:

That a Motorised Trike be incorporated (with the existing conditions, and additional conditions detailed below) as a private hire vehicle.

Additional Conditions:-

P40     Motorised Trikes

In relation to these conditions, certain exemptions or restrictions apply with regard to motorised trikes.  These vehicles are defined as:-

A three-wheeled vehicle, with the capacity to carry up to 3 passengers excluding the driver.  It is an adaptation of a two-wheel motorbike, widened to the rear for carriage of passengers side by side behind the driver.  All passengers are carried at the risk of being exposed to the elements as there is no roof/canopy or doors to the vehicle.

The purpose of these conditions is to protect public safety.  They apply in addition to the Authorities standard conditions for private hire vehicles.

P41     Trike Tyres

The vehicle should be equipped with 3 road tyres, but is not required to carry a spare tyre due to lack of carriage facilities.

P42     Trike Seatbelts

All seats provided for the use of passengers must be fitted with seatbelts in accordance with the current Road Vehicle (Construction and Use) Regulations.

P43     Passengers carried in Trikes

·                    All passengers must remain seated and wear a seatbelt when the vehicle is in motion.

·                    Any child carried must be over 135cms in height.

·                    Any child under the age of 16 years must be accompanied by an adult.

P44     Protective Clothing

All drivers will be required to wear: -

·                    A helmet, compliant with Safety Standard ECE 22.05.  This requirement does not apply to drivers who wear headwear due to their religion

All passengers shall have provided, if they so wish to wear: -

·                    A helmet, compliant with Safety Standard ECE 22. 05

·                    Hygienic hair covers to be worn under the helmet.

All passengers will be required to wear: -

·                    Eye protection glasses,  ...  view the full minutes text for item 21.

Any other items of business, which in the opinion of the Chairman, should be taken as a matter of urgency. Urgent items of a confidential nature may be considered under Part II of this agenda.

No urgent items were considered.

Items during whose consideration it is recommended that the public

should be excluded because of the likelihood that exempt

information would be disclosed

NONE