Taxi & Private Hire Vehicle Best Practices

Vehicle Specification and Licensing Flexibility

Local licensing authorities are granted considerable discretion in determining the types of vehicles suitable for licensing as taxis and private hire cars. While some authorities may opt for purpose-built vehicles, a more flexible approach, allowing a wider range of vehicles that meet general criteria, can foster greater choice and adaptability within the trade. This approach can also be more responsive to evolving market demands and technological advancements.

Type Approval for Imported Vehicles

When considering independently imported vehicles, licensing authorities must ensure compliance with 'type approval' regulations. Since Brexit, acceptable options include EU type approval, UK (NI) type approval, and GB type approval. It is crucial for authorities to be aware of these regulations and direct applicants to resources like the UK Government website and the Vehicle Certification Agency for detailed information.

Vehicle Testing: A Cornerstone of Safety

There's significant variation in vehicle testing frequency and age limits across different licensing authorities. However, best practice dictates more stringent testing than the standard MOT requirements. For taxis, annual MOT testing is legally required after the first year, and for private hire cars, after the third year. Licensing authorities should aim for annual inspections of all licensed vehicles, regardless of age, to uphold public safety. Older vehicles may benefit from more frequent testing, perhaps twice-yearly for those over five years old.

Emissions testing is also a critical consideration. A 2005 review indicated that taxis were more prone to failing emissions tests. Therefore, ad hoc and more frequent emissions checks, separate from the full vehicle test, are advisable. For mechanical aspects, applying the same criteria as the MOT test is appropriate, with the added requirement of ensuring the internal passenger accommodation, upholstery, and fittings are maintained in a serviceable condition, reflecting the public service nature of these vehicles.

Testing Station Accessibility

A common criticism is the provision of only one testing centre in an area. Best practice suggests considering multiple testing stations or contracting out testing to various garages to promote competition and cost-effectiveness. The Driver & Vehicle Standards Agency can offer assistance in addressing local testing station provision challenges.

Enhancing Vehicle Security

Licensing authorities should foster strong relationships between the trade and local police, encouraging participation in crime reduction initiatives. While the installation of security measures is often left to owner discretion, authorities are encouraged to sympathetically consider or actively promote their installation.

Partition Screens and Driver Safety

Partition or safety screens offer a physical barrier between drivers and passengers, enhancing driver safety and potentially reducing virus transmission. Licensing authorities have the ultimate decision on requiring these installations. It is recommended practice for license holders to notify the authority of their intent to install a screen and provide confirmation that their insurance remains unaffected. Furthermore, ensuring compliance with specified partition screen guidance is essential.

CCTV for Safety and Accountability

CCTV installation can bolster safety for both passengers and drivers, and serve as valuable evidence in cases of fare disputes, vandalism, or other incidents. When assessing CCTV suitability, licensing authorities must be mindful of their responsibilities, and those of the drivers/operators, under UK GDPR and the Data Protection Act 2018. The licence holder is typically the 'data controller' for CCTV systems. Compliance with Information Commissioner's Office guidance on video surveillance is paramount, as recorded images are personal data.

It is crucial that security measures do not impede disabled passengers' communication with the driver. Continuous CCTV operation should be approached with caution, as it may constitute unfair and unlawful processing of personal data if the vehicle is used privately. Licensing authorities should also ensure processes are in place for responding to requests for CCTV footage, respecting individuals' 'right of access'.

Clear Vehicle Identification

Distinguishing between taxis and private hire cars is vital, as private hire vehicles must be pre-booked. Best practice includes a licence condition prohibiting rooftop signage on private hire cars to prevent confusion. Additionally, clearer identification on private hire vehicles, such as a specified sign indicating the operator, contact details for booking, and stating 'pre-booked only', is recommended. This helps avoid confusion with taxis and provides essential information to the public.

Environmental Considerations and Sustainable Practices

Licensing policies should actively support local and national environmental objectives, addressing noise, air quality, greenhouse gas emissions, and resource efficiency. Collaboration between local transport and environmental committees is encouraged to align with targets like Scottish Net Zero. Consulting with neighbouring authorities on environmental policies can ensure consistency.

Promoting Alternative Fuels and Electric Vehicles

The provision of refuelling infrastructure, such as electric rapid charge points, can significantly encourage the uptake of electric vehicles and reduce reliance on fossil fuels. Supporting alternative fuels like Hydrogen, LPG, and biofuels also contributes to environmental goals. Licensing authorities should review their approved vehicle lists to include increasingly available alternatively fuelled vehicles.

When considering environmentally friendly vehicles, authorities must still ensure they meet comfort, safety, and design standards. Age limits on vehicles should be reviewed with a view to exemptions for alternatively fuelled vehicles, potentially extending licensing periods to support the business case for these investments. Using a 'power to weight' ratio instead of minimum engine capacity can help normalise power standards across different fuel types.

Promoting cleaner fuels, driver training in environmentally friendly driving, and supporting shared infrastructure initiatives can reduce environmental impacts and costs. Several Scottish authorities have introduced Low Emission Zones, setting emission standards for vehicle entry. Sufficient notice and consultation with the trade are essential when implementing such standards to ensure feasibility with fleet turnover.

Exemptions from Licensing: The Contract Exemption

The current 'contract exemption' allows vehicles used for exclusive hire under contract for periods of not less than 24 hours to fall outside the standard licensing regime. While this assumes the contracting party is responsible for scrutiny, the Scottish Government advises careful consideration of using unlicensed individuals or firms, particularly for vulnerable groups. Contracts should comply with legislation, including criminal record checks and driver training, and ensure the safety and suitability of drivers and vehicles. Licensed drivers and vehicles may prove more efficient.

The 2015 Act made provisions to remove this exemption, aiming to enhance public safety by widening and tightening licensing regulations. This move is intended to address concerns about legitimate trade being unfairly challenged by businesses circumventing the licensing regime. The Scottish Government acknowledges the need for preparatory work and stakeholder engagement before the exemption is removed, ensuring a smooth transition and understanding of existing business operations.

Licensing of Special Event Vehicles

Special event vehicles, such as stretch limousines, often booked for parties, are increasingly common. Concerns exist that some may operate without appropriate licensing scrutiny. Section 23 of the 1982 Act defines a 'hire car' broadly, and Section 7 mandates licensing for such activities. Licensing authorities have discretion over vehicle types, with some licensing limousines while others do not. A blanket refusal to license these vehicles is viewed as an unacceptable safety risk.

Licensing authorities are encouraged to consider applications on their individual merits, liaise with the police proactively regarding unlicensed vehicles, and ensure that any technical specification variances do not compromise safety principles. The advice primarily applies to vehicles with up to 8 passenger seats; larger vehicles may fall under public service vehicle legislation. Policies on age limits and left-hand drive vehicles should not be unduly restrictive.

For imported stretched limousines, compliance with safety and environmental standards, often verified by an Individual Vehicle Approval (IVA) certificate, is crucial. Authorities may request sight of this certificate. Challenges with testing larger vehicles in conventional garages may require arrangements with DVSA-approved test stations.

Quantity Restrictions on Taxi Licences

The law allows licensing authorities to refuse taxi licences to limit numbers if there is no significant unmet demand. In challenging such decisions, the authority must prove this lack of unmet demand. The Scottish Government views the case for limiting taxi licences as a local matter but encourages periodic policy reviews. Authorities should consider the benefits to taxi users and whether restrictions should continue, assessing if their removal would lead to a deterioration in service quality. The availability of accessible vehicles for passengers with disabilities should also be considered.

Surveys to measure unmet demand need regular review in terms of frequency and components. Key indicators include waiting times at ranks and for hailed or booked services, though these alone are insufficient. Assessing latent demand through surveys of non-users and acknowledging that unmet demand during peak times (rush hours, closing times) is significant are crucial. Consultation with stakeholders, including user groups, police, businesses, and other transport providers, is also vital.

Evidence gathered in surveys should be published with clear conclusions. If restrictions continue, their consumer benefits and the rationale for the specific numbers should be explained. Surveys should not be financed by the local taxi trade to maintain impartiality.

Quantity Restrictions on Private Hire Car Licences

Since May 2017, licensing authorities have the power to refuse private hire car licences on grounds of overprovision in a locality. This power applies only to new licence applications, not renewals. Authorities should consider developing and consulting on a formal overprovision policy, taking into account factors like existing taxi restrictions, trade views, and vehicle number trends.

Return of Plates

Licensing authorities can address compliance issues with the return of licence plates by inserting expiry dates or vehicle registration numbers on plates at the time of issue. This discourages non-compliance and aids enforcement.

Key Considerations for Licensing Authorities:

• Vehicle Flexibility: Balance purpose-built requirements with broader criteria to allow diverse vehicle types.
• Type Approval: Ensure imported vehicles meet UK standards.
• Rigorous Testing: Implement more frequent inspections and emissions testing than standard MOTs.
• Security Measures: Encourage and facilitate driver and passenger safety enhancements like partition screens and CCTV.
• Clear Identification: Differentiate clearly between taxis and private hire cars.
• Environmental Responsibility: Integrate environmental policies, promote alternative fuels, and consider vehicle age exemptions for greener options.
• Contract Exemption Review: Understand and prepare for the implications of changes to the contract exemption.
• Special Event Vehicles: Assess and license special event vehicles on merit to ensure public safety.
• Quantity Controls: Regularly review taxi licence restrictions based on evidence of unmet demand and user benefit.
• Overprovision Assessment: Develop formal policies for refusing private hire car licences based on overprovision.
• Plate Compliance: Implement measures to ensure the timely return of licence plates.

Frequently Asked Questions (FAQs)

Q1: How often should taxis and private hire cars be tested?

While MOTs are annual after the first or third year respectively, best practice recommends annual inspections for all licensed vehicles, with potentially more frequent testing for older vehicles.

Q2: Can licensing authorities specify only purpose-built taxis?

While possible, authorities are advised to be cautious about overly strict specifications that limit supply. A more flexible approach to vehicle types is generally recommended.

Q3: What are the key considerations for installing CCTV in a licensed vehicle?

Ensure compliance with data protection laws (UK GDPR, Data Protection Act 2018), inform the licensing authority, and respect passengers' rights to access their data. Security measures should not hinder communication for disabled passengers.

Q4: What is the 'contract exemption' and how might it change?

It currently exempts vehicles used for exclusive hire under contract for 24+ hours from licensing. Legislation is in place to remove this, intending to enhance public safety, though its implementation is subject to further work and consultation.

Q5: Should there be limits on the number of taxi licences?

Licensing authorities can limit taxi numbers if there's no significant unmet demand. However, these policies should be reviewed regularly, considering the benefits to taxi users and the evidence supporting such restrictions.

If you want to read more articles similar to Taxi & Private Hire Vehicle Best Practices, you can visit the Automotive category.