Hackney Carriage and Private Hire Licensing Policy

1. Colour:
a) All Hackney Carriage Vehicles must be white in colour except where the vehicle is a WAV, where other colours are permitted.

b) Private Hire Vehicles may not be white in colour, unless it is a stretched limousine or other similar vehicle.

c) Bizarre or garish colour schemes will not be permitted.

To ensure a clear distinction for the public between Hackney Carriage Vehicles and Private Hire Vehicles.

To maintain the professional and respectable reputation of the taxi trade within Chorley.

2. Insurance write offs and accident damage:

a) Vehicles that have been categorised as ‘write offs’ by any insurance company at any level will not be considered for licensing.

b) Where the vehicle shows signs of accident damage but has not been subject to an insurance write off, the Council may use its discretion and licence the vehicle where the vehicle passes a further mechanical and structural assessment, including assessment of road worthiness and handling. The testing must be conducted by a qualified independent expert who must be able to demonstrate that they have responsibility for insurance assessment and collision investigation. The assessor must provide details of their professional indemnity insurance.

c) All vehicles (except those newly registered) must be checked against HPI and a full printed report submitted as part of the application to the Council to confirm whether the vehicle has been subject to an insurance write off. The HPI must be dated within 6 weeks of the application date.

To protect public safety, vehicles subject to insurance write off must be identified. In order to protect public safety any vehicle that shows signs of accident damage would need to be tested to demonstrate that the vehicle is safe for fee paying passengers and structurally sound in that it is comparable with another vehicle of the same age, make and model that has not been subject to accident damage.

The Assessor must provide a recommendation as to whether the vehicle meets the quality and safety standards and confirm if there is any additional risk associated with the vehicle in comparison to a vehicle of the same make, model and year of manufacture that has not been subject to accident damage and subsequent repair.

The cost of any additional testing would be borne by the applicant.

The DVLA have changed their process and no longer reissue the V5 log book following insurance write off for either Category C or D.

Therefore in order for the Council and the prospective/ new owner of the vehicle to determine if the vehicle has been subject to such write off an HPI check would be required. The HPI check must be up to date in order to be relevant to the licence application.

3. Type Approval and Vehicle Adaptations and Conversions:
a) Any vehicle presented for licensing shall meet the technical standards for type approval to
i) European Whole vehicle type approval
ii) British National type approval
iii) British Single vehicles approval or
iv) British Low volume type approval

b) The vehicle must have a capacity for at least 4 adult passengers.

c) A vehicle that was designed and built for 5 persons will not be licensed for more than 4 passengers.

d) The proprietor shall not permit the vehicle to be used to carry a greater number of passengers than that prescribed in the licence

e) Chorley Council may licence a suitable vehicle for up to 8 passengers. Where such a passenger vehicle is a conversion or adaptation of such a chassis, the applicant must demonstrate that this conversion was undertaken by a qualified conversion company and meets all necessary safety standards of the type approval.

f) In order to demonstrate that the vehicles is suitable and meets the requirements of 3 a) above, has been properly converted and meets all necessary safety standards, the applicant must submit a conversion certificate / certificate of conformity / type approval or other relevant document in relation to any conversion or alteration that has cause to alter that vehicle since its manufacture.

g) No ‘Q’ plated vehicles will be considered for licensing.

h) The proprietor shall not allow the mechanical and structural specification of the hackney carriage to be varied without the consent of an Authorised Officer of the Council. Unauthorised variations will result in the licence becoming immediately invalid.

All vehicles used for the carriage of passengers must have the relevant Type Approval, which determines the vehicles structural suitability for this purpose.

The vehicle will be licensed to carry the number of passengers it was specifically designed to carry in order to protect public safety.

Many versatile chassis are built by manufacturers with the ability to be used in any number of ways, and the chassis will be given a specific approval type which demonstrates its suitability for safe conversion to a number of configurations. As such these vehicles are often converted to transport more than 4 passengers.

This new condition allows for conversion to be undertaken after UK registration but require the applicant to demonstrate that the vehicle meets type approval and safety standards by way of certification. The additional officer time associated with reviewing certificates and reports, employing independent experts to review such and compiling additional reports for the Licensing Committees would need to be met by the licensing fees.

For safety reasons the Council will not licence a Q plated car because a Q plate denotes a kit car or rebuild, where the full traceability of the vehicle cannot be authenticated by the DVLA.

4. Disabled & Wheelchair Access Vehicles:

a) Where a Hackney Carriage Vehicle is licensed for Disabled and /or Wheelchair Access, then any replacement vehicle must also be of equivalent accessible design.

b) Any vehicle incorporating a lifting device shall at first application provide a certificate of conformity issued in accordance with the LOLER Regulations 1998, and produce at any subsequent renewal a certificate of safety issued in accordance with LOLER Regulations 1998 and guidance to the satisfaction of the council.

c) Vehicles presented at first licensing from 5th October 2010 intended to provide Disability access shall for the purpose of Type 1 Disability Access will have the following:

i. Wheel chair means of access and egress and means of securing wheelchairs safely in the vehicle where all fixtures and fitting meet E1 Type Approval or equivalent.

ii. Offer suitable accommodation for the provision of at least one adult size occupied wheelchair.

iii. Suitable hand grips designed to be clearly recognisable to aid in the access and egress of passengers.

iv. Where the DAV/WAV is a Hackney Carriage a forward facing illuminated top sign permanently fixed to; or a built-in taxi sign as an integral part of the structure and operated by the taxi meter (The top sign does not have to display the words Chorley Borough Council)?

v. All vehicles will have 2 side passenger doors to access the rear compartment of the vehicle.

vi. All seats must be accessible by a clear permanent opening of 400mm

vii. All wheelchair accessible vehicles will have provision for at least two permanently fixed passenger seats in the rear compartment of the vehicle.

viii. All vehicles will have been converted by a recognised coachbuilder / conversion company.

ix. Any ancillary equipment shall be capable of being stored securely and safely

x. All vehicles will be inspected and licensed at the discretion of the Council,

d) All vehicles of Type 1 or 2 Disability Access shall display the appropriate disability emblem in a prominent position on the vehicle.

This DAV/WAV type for type replacement ensures that the disabled taxi provision is maintained.

The requirement to comply with LOLER protects the safety of passengers using these lifting facilities.

The conditions relating to the accommodation and fixing of wheelchairs protects the safety and comfort of passengers using these facilities.

Wheelchair Accessible Vehicles will be identified by use of a recognisable disability emblem on the plate.

5. Identification plates & livery:

a) The identification plate and livery shall remain the property of the Council at all times. The Plate will display the expiry date of the vehicle licence and therefore must be replaced at each renewal.

b) The licence plate shall be affixed to the vehicle by the proprietor at his own expense, in the following manner:-

at the rear of the vehicle, and

to the exterior of the vehicle, and

with the number facing to the rear, and

in a vertical plane, and • must be affixed by bolts or screws or other similar secure means as approved

The publication of the vehicle licence expiry on the licence plate allows the public, other proprietors and enforcement officers to easily see if the vehicle has a valid licence and reduces the risk of unlicensed but plated vehicles being used unlawfully.

It is important for the public to be able to easily identify a Chorley Council licensed vehicle and distinguish between a Hackney Carriage and Private Hire by use of clear signage.

A suitable internal licence display allows the passenger to confirm any details of the vehicle while travelling.

The illuminated roof sign is a clear indicator to the public of the availability for hire of a Hackney Carriage.

6. Exemptions to Signage Requirements:

a) An Exemption Notice issued by Chorley Council, exempting a proprietor from the requirement to display the external licence plate on a private hire vehicle and the concurrent exemption for the wearing of the private hire driver’s identification badge is granted subject to the licensed vehicle being operated in accordance with the following conditions:

i. When operating under the exemption notice the internal plate issued by the licensing authority will be displayed on the nearside of the windscreen or dashboard so as not to obscure the drivers view.

ii. The Exemption Notice issued by the Licensing Authority in respect of the licensed private hire vehicle will be carried in the vehicle at all times and will be produced upon request to any authorised officer or any police officer.

iii. Other than the internal plate, the proprietor will not display in, on or from the vehicle any advertisement, signage, logos or insignia advertising the operating company or the vehicle’s status as a private hire vehicle without the approval of the Licensing Authority.

iv. The private hire vehicle licence plate will be affixed in a visible position within the boot of the vehicle and shall not be displayed externally whist the exemption notice is in force. Upon request the licence plate will be shown to any authorised officer or any police officer.

v. When issued with an exemption notice, the vehicle will not be required to display any other signs which the Licensing Authority may at any time require private hire vehicles to display.

vi. No taximeter shall be fitted in the vehicle.

vii. A table of fares/tariffs will not be displayed in the vehicle.

viii. During the period of the exemption notice, the driver shall not wear the private hire driver’s badge but will have it available for inspection by any authorised officer or any police officer on request.

ix. At all times during the period of the exemption notice the driver of the vehicle will be appropriately dressed in either a formal chauffeur’s uniform or a business suit with collar and tie.

These conditions only apply to Private Hire Vehicles and would normally only be considered for stretched limousines and chauffeur driver executive saloons.

Failure to comply with these conditions may result in the withdrawal of the exemption notice. Once an exemption notice has been issued the vehicle cannot be used for normal private hire work, it must be used exclusively for contract hire.

7. Other Signage:

a) Approved no smoking signage must be fitted internally to the vehicle for the benefit of all passengers.

b) No signs, notices, advertisements, plates, marks, numbers, letters, figures, symbols, emblems or devices whatsoever shall be displayed on, in or from the vehicle except as may be required by any statutory provision or required or permitted by these conditions.

c) Except where the sign:

• contains no words or numbers other than the name, address and telephone number of the operator of the vehicle or the name under which he carries on his business and his business address and telephone numbers;
• displays sponsored commercial advertisements, for which prior permission has been obtained from the Council.
• displays an information sticker or disc describing membership of a taxi trade associations or similar taxi trade body is permitted in the windscreen of licensed hackney carriage and private hire vehicles provided that it is of such a size and in such a position so as not to obscure the field of vision of the driver. The display of such sticker or disc shall be limited to one per vehicle.

d) Any additional livery must not be above 12” measured from the bottom of the front passenger and driver door, and in any case must not protrude higher than the bump bar strip fitted to the door, this area will be regarded as the lower panel of the door

e) Every Hackney Carriage vehicle must display in a prominent position inside the vehicle, the Council’s table of fares in force at that time.

The limitation on other signage reduces the likelihood of confusion or misunderstanding by the public by allowing clear observation of the signs relevant to the licence.

Where a meter is used to calculate a fare for a journey the passenger should be provided with information relating to the fares charged for that journey.

8. Meters:

a) All Hackney Carriage Vehicles must be fitted with a taximeter and this must be linked to the illuminated roof sign in order that the meter controls the illumination of the sign.

b) Where any taximeter is fitted to any licensed vehicle, the meter must be calibrated and the table of fares shall be prominently displayed within the vehicle. Any fares should be previously agreed by the Council. The meter shall be bear the original seal(s) as fitted by the person authorised to carry out the calibration.

c) The calibration certificate should be made available to an authorised officer upon request and provided at each vehicle renewal.

9. Radios and Communication Devices:

a) Where radios are used to communicate between the driver, proprietor or operator, the proprietor shall ensure that any radio equipment fitted to a vehicle is at all times kept in a safe and sound condition and maintained in proper working order.

b) Any means of radio communication used by the proprietor or driver of a vehicle with respect to the operation thereof must be a means of radio communication using radio frequencies other than those licensed by the Department of Trade and Industry for use by Citizens Band Radio.

c) The licensee shall not fit, carry or use any radio frequency scanning apparatus in or on a licensed vehicle.

d) The use of data-head systems as a means of dispatching vehicles and for drivers to remotely accept bookings and log journeys is permitted. All data recorded by the system shall be retained by the Operator or proprietor and available for inspection for a minimum of 2 years.

e) Where a mobile phone is used as a means for the driver to communicate with the proprietor or operator of the vehicle or any other person during the course of a journey this must be by the use of hands free device which is limited to single touch or voice activation.

Radios should be maintained to ensure that they can be effective for communication.

The frequencies used must not interfere with other communication systems.

These new conditions relating to the use of data head systems and mobile phones have been included for the following reasons: To reduce the likelihood and risk to public safety associated with the use of hand held mobile devices, hands free systems should be fitted which can be operated by single touch or voice activation.

To reflect other legislative requirements on use of mobile phones while driving.

10. Exterior Bodywork Condition:

a) No hole or tear of metal, or other items (e.g. trim) to be capable of injuring a pedestrian or passenger. This is to include doors, door panels (inside) etc.

b) The bodywork, partially or wholly to show no discoloration that is beyond normal ageing, for the vehicles age/mileage in the opinion of the Authorised Officer. It is not acceptable for panels to be of contrasting colour e.g. panels, door skins, bonnet, that are replacements by ‘second hand’ or primer coated.

c) No tape or other means of fixings to any parts of the vehicle will be accepted other than the vehicle’s standard fixings.

d) The vehicle must not be a convertible, i.e. have a soft top.

e) Forward mounted driving mirrors must be fitted on both sides of the vehicle. The mirrors must be maintained at all times to ensure the driver has a clear view to the rear of the vehicle.

f) The proprietor shall ensure that the vehicle shall be maintained in a sound mechanical and structural condition and be capable of satisfying the Council's Vehicle Inspection & Safety Test at all times.

g) The proprietor shall ensure that at all times when the vehicle is in use or available for hire, it is maintained in an efficient, safe, tidy and clean condition and that all relevant statutory requirements (including in particular those contained in Motor Vehicles (Construction and Use) Regulations) are fully complied with.

These conditions are to ensure the safety of passengers and protect the reputation of the fleet of licensed vehicles in Chorley.

This is because convertible cars are usually on two-door, not four-door vehicles. Mirrors must be effective to ensure the safety of both passengers and the public.

The vehicle must not show signs of rust, damaged or mismatched paintwork or have any sharp or jagged edges. Windows should not be chipped or scratched and the wipers must work effectively. The external fittings such as bumpers and light units must be securely fixed with the appropriate fitment to ensure the safety of passengers and protect the reputation of the fleet of licensed vehicles in Chorley.

11. Engine Compartment:

a) The engine compartment should not have any loose wiring, cables or coverings. The engine and its components must be secure within the engine compartment.

b) There should be no signs of leakage of any fluids.

12. Tyres:

a) A vehicle must be fitted with at least four road wheels. This is to ensure the safety and comfort of passengers. Tyres must be road legal with a minimum tread of 1.6mm.

b) Where the vehicle is designed to hold a spare wheel then a manufacturers approved spare wheel must be provided.

c) The spare wheel must have a minimum of 3mm tread, be inflated to the correct pressure and maintained in a ready to use condition.

d) Where there is no provision for a spare wheel then a manufacturer’s approved inflation kit will be accepted. Any such kit must be used in accordance with the manufacturer’s instructions.

13. Lights:

a) All lights should be working in accordance with their designed function. There should be no loose connections, defective bulbs or LEDs or broken casings.

14. Dashboard and Steering Column:

a) The vehicle must not be left hand drive.

b) Speedometer and odometer must be working correctly and illuminated.

c) All settings to work and de-mist.

d) Air-conditioning must be in working order where fitted.

e) There should be no warning or service lights visible on the display when the ignition is switched on.

Left hand drive vehicles may pose a safety risk the passengers and the public because they are not designed or specifically intended for driving on UK roads and as such does not provide the best driving position and visibility for the driver.

These conditions clarify matters considered by the vehicle inspection to ensure the safety of passengers and also the reputation of the fleet of licensed vehicles.

15. Interior Trim Condition:

a) The proprietor shall ensure that at all times when the vehicle is in use or available for hire, it is maintained in an efficient, safe, tidy and clean condition and that all relevant statutory requirements (including in particular those contained in Motor Vehicles (Construction and Use) Regulations) are fully complied with.

b) An interior rear mirror must be fitted. The mirror must be maintained at all times to ensure the driver has a clear view to the rear of the vehicle.

c) All pedal rubbers should be fitted; none should be worn to the metal, or missing.

d) An interior passenger light shall be fitted and operative.

e) All floor covering should be secure, tear/hole free, appropriate and present no risk to safety.

f) No noticeable/abnormal odours.

g) The vehicle should be watertight with no sign of water ingress or staining on the roof covering. h) The roof covering and all trim around doors and sills etc. shall be suitably fixed in position. They should be clean and free from any damage.

i) There should be openable windows for passengers on each side of the vehicle and these shall be maintained in working order and be free from damage.

j) The floor shall be provided with a proper carpet or other suitable covering that is not worn and is in such a condition as not to cause any passenger to trip or slip.

k) Any mats must be kept in clean condition and must be appropriately fitted so as not to cause any passenger to trip or slip.

l) All fittings and fixtures must be kept in a clean condition, well maintained and in every way fit for public use

The internal fittings such as handles, trim and lights must be securely fixed with the appropriate fitment to ensure the safety of passengers and protect the reputation of the fleet of licensed vehicles in Chorley.

Mirrors must be effective to ensure the safety of both passengers and the public.

These conditions clarify matters considered by the vehicle inspection to ensure the safety of passengers and also the reputation of the fleet of licensed vehicles.

16. Doors:

a) The vehicle must have at least two side doors for the boarding and alighting of passengers in addition to a separate door for the driver.

b) No vehicle will be licensed if the passenger has to climb over seats or luggage to gain access or egress, or where such entrance or exit is sited over a fuel tank or high sill.

c) Door catches must be secure at all times whilst being capable of easy operation by passengers.

d) All door handles and levers shall be clearly visible and of a type consistent with those fitted to all other doors of the vehicle.

17. Seats:

a) All seats are to be secure. No movement will be allowed that compromises the safety and comfort of any passenger or driver.

b) Seating for each passenger must be not less than 400mm (16”) with a minimum width, measured between the arm rests, or any other point that is protruding into passenger seating area, and be measured between the rear side passenger doors of not less than 1220mm (48”).

c) Where the vehicle is fitted with continuous seats, one person shall be counted for each complete length of 400mm (16”) measured in a straight line lengthwise on the front of each seat.

d) Where any such continuous seat is fitted with arms for the purpose of separating the seating spaces and those arms can be folded back or otherwise put out of use, the seat shall be measured as if it had not been fitted with such arms.

e) Only one passenger may be accommodated in the front of the vehicle next to the driver in cases where the vehicle is designed to take only one front seat passenger.

f) All seats must be fitted with the manufacturer’s head restraints to protect passenger safety in the event of an accident.

g) No vehicle with rear or side facing seating will be considered for licensing except where that vehicle has been purposely constructed to accommodate such seating and holds a suitable vehicle type approval. In any event any vehicle presented with such seating arrangements will be licensed at the discretion of the council.

h) Any vehicle application received for a vehicle licence for more than 4 passenger seats, that vehicle shall have been purposely constructed to accommodate such seating and hold a suitable vehicle type approval.

i) The vehicle shall be of the original manufactures design and specification, every seat shall be regarded as a permanent seat for the purposes of licensing.

j) Where seating is capable of being stowed within the confines of the body of the vehicle the Council may use its discretion to licence the vehicle where it meets the foot-well and legroom provisions in condition 18 below.

k) Where additional stowable seating is used in the rear of the vehicle, the seats in front must lift as one unit in order to provide sufficient, easy and safe access to the rear seats. There must be a minimum opening of 400mm to the rear row of seats.

l) No vehicle shall by any design or feature of that vehicle be capable to offer seating for more than the number of passengers as stated on the vehicle licence. Any modifications made to satisfy this requirement shall be made to the satisfaction of the council.

m) Seats and upholstery shall be dry and have no obvious stains, rips, tears or holes. All upholstery shall match.

n) All original seating must be maintained in a clean and serviceable condition.

o) Where seat covers are fitted they must be so designed and secured as to prevent any movement of the covering during use by passengers. They must be kept in a clean and serviceable condition and must be of a colour which is in keeping with the original trim of the vehicle.

p) The law relating to child seats does not apply to taxis, children under 3 years old may travel without a car seat or seat belt but must be on the back seat. Children over the age of 3 must wear an adult seat belt and may travel in either the front or the back passenger seats.

q) Where a passenger provides their own child seat the driver must ensure that it is properly fitted and secured for the duration of the journey.

These conditions were agreed by Committee to ensure the safety and comfort of passengers.

See reasons for Condition 3.

This condition relates to the ease of ingress and egress from the vehicle for passengers and comfort for passengers during the journey and were considered by the Committee following inspection of different vehicles with varying configurations. The condition was agreed to ensure the safety and comfort of passengers.

This new condition is in response to the consultation and offers some flexibility within the policy to allow vehicles with stowable seating to be considered where the vehicle has sufficient leg and foot space for a comfortable journey and is capable of easy and safe access to these seats by an average sized adult.

These conditions clarify matters considered by the vehicle inspection to ensure the safety of passengers and also the reputation of the fleet of licensed vehicles.

These conditions clarify the legal position with regard to child seats.

18. Legroom:

a) There shall be a minimum gap of 180mm (7”) between the back of any forward seat and the front edge of any rear seating; this shall be measured when the front seating is in its furthest pushed back position. (Seating relates to the base of the seat as opposed to the back support of the seating arrangement).

b) Each passenger must be able to place their feet into a foot-well, in order that sufficient legroom is available for a comfortable journey. A foot-well will be defined as a marked/ observable difference in level between the floor level where the base of the seat is fixed and the space where the passenger would place their feet.

This condition relates to the ease of ingress and egress from the vehicle for passengers and their comfort and safety during the journey. This condition was included by the Committee following inspection of different vehicles with varying configurations. The condition was agreed to ensure the safety and comfort of passengers and was retained in February 2016 following the trade consultation where the trade proposed relaxation of this condition.

Most stowable additional seating is unsuitable for the use of passengers as they do not usually provide sufficient leg room or a defined foot-well space. This condition ensures the comfort and safety of passengers.

19. Headroom:

a) The height as measured between the rear seat and the height to the roof lining in a vertical plane must be not less than 860mm (34”).This shall be measured at the centre of a passenger seat situated between the two rear passenger doors.

20. Luggage Space:

a) Every estate type vehicle shall be fitted with the manufacturer’s approved or other universal type approved grille, securely fixed to the frame of the vehicle between the passenger area and load (luggage) carrying area.

b) Each vehicle must provide suitable and sufficient luggage space and a means of securing the luggage to prevent damage or injury