Agenda item

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, compliant with European Directive 89/686/EEC.

P45     Fire Extinguisher

Operators of trikes will not be required to carry a fire extinguisher.