Agenda item

The report of Tom Ince (Principal Compliance Officer) seeks to provide the Committee with the relevant information to make an informed decision on changing the Council’s policy on window tints for hackney carriage vehicles, to bring it in line with those for private hire vehicles and to give approval to adopt a small number of wording changes to the Council’s taxi guidelines.

Tom Ince (Principal Compliance Officer) referred to the report which sought to provide the committee with the relevant information to make an informed decision on changing the Council’s policy on window tints for hackney carriage vehicles, to bring it in line with those for private hire vehicles and to also give approval to adopt a small number of wording changes to the Council’s taxi guidelines.  Tom then highlighted the following: 

·            At present different policies exist in relation to window tints on hackney carriage and private hire vehicles and the trade had been asking the team for some time to look at this as new vehicles don’t meet the Council’s current tint criteria for hackney carriages and drivers are having to pay up to £2,000 to have the window tints changes to have a light transmission of at least 50%; 

·            Following a review of neighbouring authorities light transmission criteria it was found that Wiltshire was quite tough in comparison and so following the review and the view from the trade that this was a big issue for them the consensus was to look to reduce the tinted glass requirements to be in line with private hire vehicles with the proposal that ‘tinted glass shall conform to the legal requirements of the current Road Vehicle (Construction and Use) Regulations’; and 

·            There were also some minor changes around the Taxi Licensing Guidelines proposed including how external licence plates must be fixed to the vehicles, changes to how appointments with the fleet licensing team are to be cancelled, implementing a missed appointment fee, implementing a maximum 14 day time frame where licences are due to lapse (following reminders being sent to drivers) from the licence end date to fully complete the application process including any necessary tests as after that period the vehicle would be treated as a new application and required to meet the criteria of new vehicle and incur the cost as such.  Drivers being required to wear their drivers badge withthe lanyard issued by the Council and that when smoking the driver must move away from the vehicle and ensure that all doors and windows are closed. 

In response to questions from the Committee Members the following was clarified: 

·            The Council did licence a few stretch limousines but exemption certificatesfor the level of tinting could be applied for depending on the type of work they do; 

·            There was not always a perfect solution to be able to attach external license plates to a taxi, acknowledge that double sided tape could mean that the plate could be removed, ideally cable ties could be used but there was not a perfect solution for this; 

·            It was noted that the Council advise their own staff not to wear the staff id badges whilst driving, but the current Taxi Licensing Guidelines do encourage drivers to wear their licence with a lanyard – this was felt to be confusing with mixed messages.  The trade meetings had suggested putting their identify badge on the dashboard– this was resource dependant, and it was hoped the new staff member may be able to drive this forward; and 

·            Currently the hackney carriage vehicles must meet the legal standards for light transmission through the front windscreen and front side windows with the rear window and rear side windows having a light transmission of at least 50% - the Police could stop drivers of vehicles that could have heavily tinted windows but that was a separate matter. 

Frank Cain (legal representative) highlighted that there is a minimum statutory stand for vehicle construction in relation to the tinting of windows and the proposed change to the policy was seeking to ensure there was equity for private hire and hackney carriage drivers with the tinted glass conforming to the legal requirements of the current regulations. Normally the control of such tinting/alterations on public safety grounds is controlled by the Police. 

In respect of the display of driver’s identity cards there was a potential ambiguity between the taxi policy and staffing policy which should be looked at to ensure consistency as any unexplained inconsistency could be used against the Council in the future. 

The Committee asked Tom Ince for information/guidance on the drivers having to wear lanyards and an informative on ways in which licence plates could be attached to be part of the consideration. 

Resolved that:  

1.          The Taxi Licensing Team amend the policy on window tints for hackney carriagevehicles to bring it in line with the requirements for private hirevehicles. e.g., Tinted glass shall conform to the legal requirements ofthe current Road Vehicles (Construction and Use) (Amendment)Regulations 2022. 

2.          The following minor wording changes/inclusions in yellow belowto the Council’s Taxi Guidelines be approved and incorporated within the guidelines. 

·            T21 Licence plates 
The external licence plate must be securely fixed externally to the rear of thevehicle in a position specified by the council. The licence plate must be clearlyvisible and remain in that position for the duration of the licence. The plate must be fixed with an authorised plate holder, affixed securely with doublesided tape or screwed directly to the vehicle, the use of magnets to fix the plateis not acceptable due to the ease with which the plate can be removed. 
 
The internal licence plate must be securely fixed on the inside of the vehiclewindscreen or clearly visible in the passenger compartment as specified bythe council. 

·            Insert new paragraph - Missed appointment/missed appointment fee 
To cancel an appointment without incurring a fee you must contact the fleetlicensing team via email at fleet.licensing@wiltshire.gov.uk more than 72hours in advance. The fee is subject to change and details of the fee can befound in the fees and charges document. Any failed inspection will also incurthe missed appointment fee except in exceptional circumstances. 

·            Insert new paragraph Lapsed vehicle licence 
Any licence which has lapsed will have a maximum of 14 days from the licenceend date to fully complete the application process (this includes any necessarytests). After this period the vehicle will be treated as a new application andwill be required to meet the criteria of a new vehicle and incur the cost as such. 

·            D12 Driver identification 
A driver of a licensed vehicle shall: 
(a) when standing, plying or driving for hire, wear the drivers badge with the lanyard provided by the council in such a position and manner on the upperpart of the body be plainly visible. When off duty, and driving alicensed vehicle, the driver’s badge must be carried in the vehicle and beavailable for inspection. 
(b) not lend the badge to any other person or cause or permit any other personto wear it. 

·            D22 No smoking policy 
The driver of a licensed vehicle must not smoke in the vehicle at any time,including when being used for social, domestic and pleasure purposes. When smoking, the driver must move away from the vehicle and ensure that alldoors and windows are closed. The driver of a licensed vehicle shall notpermit any other person or fare-paying passenger to smoke in a licensedvehicle. (Note: - This is a requirement of the Health Act 2006 and relevantregulations). 

 
Wiltshire Council’s policy also includes a ban on electronic inhaler typecigarettes and references to smoking in these Guidelines includes useof such cigarettes. 

 
These changes to come into effect on 1 January 2024.