Taxi Driver Online

York Council are currently planning to introduce an age limit on cars of no more than 5 years old when first tested and when they reach 9 they have to come off, also they are saying that all hackneys will have to be black and that private hire vehicles will not be allowed to be black, what is the legal position on this one.

I wouldn't worry about it as yet, seem to think 2012 willl be the timeline, firstly they gotta amend the byelaws to the Goverment first

I seem to think the ex Stn Taxi chairman who recently got elected to the Council willl try and go for taxi dereg, thats worst than black cars

They don't have to amend the bylaws, they can set the condition under section 47 of the LGMPA, I thought you would have known that Pete?

47 Licensing of hackney carriages (1) A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

(2) Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.

(3) Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court.
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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Well I didn't.

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Taxi Driver Online
www.taxi-driver.co.uk

All things being reasonable of course but it should be pointed out that many a council has come unstuck via the courts when trying to implement section 47.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Well I did.

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Former taxi driver

In newcastle a hack must be black and a ph is allowed anything but black.Would also add that a wav hack can be multicoloured with allover advertising on but a saloon hack must be all black and is only allowed small advert on back door.

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www.youtube.com/watch?v=z07K29Fc15U

Badger, didn't you also say that if a WAV isn't liveried then it has to be black as well - thus if it's splattered with advertising it's OK but if it's maroon or whatever then that's illegal?

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Taxi Driver Online
www.taxi-driver.co.uk

Thanks TDO that is correct.........

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www.youtube.com/watch?v=z07K29Fc15U

As did I.

What they can't do under the 1976 act is set conditions for taxi drivers.

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IDFIMH

So are you saying they cannot impose an age limit and a colour or am I reading this wrongly

On vehicles they can if those conditions/bylaws are deemed to be fair and reasonable by a court.

The problem is what is fair and what is not? The best practise guidance sort of made an effort to sort that, but it's still very grey.

They can't, by way of conditions, impose an age limit and colour on drivers. Other than the driver must have had a DVLA license for 12 months.

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IDFIMH

DURHAM MAGISTRATES COURT. - 18th NOVEMBER 2004 - 1st January 2005 - **** We understand that this case is now under Appeal to the Crown Court****
JUSTICES' REASONS - FETS v DURHAM CITY COUNCIL APPEAL UNDER s47 (3) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976. DURHAM M.C. - 18th NOVEMBER 2004 On 2/8/04 Durham City Council's Cabinet approved a colour policy that, as of 1 September 2004, newly licensed hackney carriages in Durham City must be white.

Conversely, newly licensed private hire vehicles may be any colour other than white. The transition period in which currently licensed vehicles must comply with the colour policy is the earlier of either the licence being transferred to another vehicle or the maximum vehicle age being reached. Vehicles do not have to be replaced until 7 years from the date of registration, or at the age of 10 years if maintained and agreed by the council to be in exceptional condition.

A letter was sent to all licensed vehicle proprietors on 4 August 2004 advising them of the licensing changes. One such proprietor was the complainant, Adrian Fets. Mr Fets brings this appeal, being aggrieved by the Council's decision to impose a condition that hackney carriages in Durham City be white in colour. The relevant legislation is contained in s47 Local Government (Miscellaneous Provisions) Act 1976 and by virtue of the legislation, Mr Fets has to satisfy us, on a balance of probabilities, that the condition is not reasonably necessary. The Council's reasons for imposing such a condition appear to be three-fold - i/ to achieve uniformity with neighbouring areas in the County - we accept that the Council are entitled to have regard to the approach adopted in other areas faced with a similar decision to make, but the same conclusion does not have to be reached.

We accept Mr Singh's submission that there appears to have been no assessment made by the Durham City Council as to why a colour policy is reasonably necessary for Durham. The mere fact that such a policy is reasonably necessary for one area does not automatically make it so for another. ii/ to ensure hackney carriages are readily distinguishable from private hire vehicles.

We accept that the principal purpose of the legislation is that the public should be able to differentiate safely and simply between the two types of vehicles. The colour policy should be interpreted in a way which supports that principal purpose. However, we have evidence before us that hackney carriages already have 3 distinctive features, namely a sign on the top, a logo on the door and the plate itself. The public should be able to clearly identify a Durham hackney carriage and distinguish it from a private hire vehicle by its current identification marks. iii/ to ensure public safety - again we believe the present distinguishing features are adequate to deter the passing off of unlicensed vehicles as Hackney Carriages and thereby sufficient to secure passenger safety.

We accept that, prior to the introduction of the policy; there were a number of open meetings at which objectors were given an opportunity to make representations. The way in which the Council reached its decision was fair in that regard. Some of the traders' concerns were addressed by the Council, in allowing a transition period for existing licence holders. However, the 12-week safety zone, which applies when existing vehicles are taken off the road for repair, does little to alleviate traders' concerns and in fact enhances their worries and frustrations.

If an unforeseen event arose in the nature of an accident or mechanical breakdown, a proprietor is faced with either losing work and income for the period during which the vehicle is being repaired, or transferring the licence to a temporary vehicle and then being unable to transfer it back to the original vehicle unless the original vehicle complies with the colour policy.

This is one of Mr Fets' main objections. We are in no doubt that this effect of the policy is wholly unreasonable. It would potentially result in substantial economic loss to the proprietor and, had it not been for the intervening accident or break down, the proprietor could have continued to use the vehicle for possibly several years before having to comply with the colour policy.

This aspect of the licensing changes cannot therefore be reasonably necessary on grounds of harmonisation, safety or to ensure the vehicle is readily distinguishable from a private hire vehicle. Another of Mr Fets' objections is in relation to the relative unavailability of white vehicles. Due to the transition period and the time frame within which a proprietor can change his vehicle to render it compliant with the colour policy, we see this as no more than an inconvenience. It is less surmountable however, in the unfortunate case of an accident or breakdown and we reiterate what has already been said about the 12-week safety zone being unreasonable. In all of the circumstances therefore,

Mr Fets has satisfied us that the condition that hackney carriages in Durham be white in colour is not reasonably necessary and we accordingly allow his appeal and reverse the decision of the Council to impose such a condition on his licence. Source NPHA

Renfrewshire Council have a similar restriction in that all Taxi's need to be white and less than 5 years old if non WAV, or under 8 years if WAV. All PH's must be any colour other than white and less than 5 years old.

It is a separate box on the pass/fail tick list for your annual test and if it isn't the right colour or age it is an automatic fail.

Additionally no non approved advertising is allowed on or within the car. As they dont approve any advertising this means no advertising on or in the car at all. I failed my test for having the garage chain I had bought the car froms wee rear window sticker and tax disc holder on a brand new car and had to remove them and pay a retest fee to get my plate on it.

LA's can pretty much make the rules on their tests (within reason), at least under Scottish law.

Here in Renfrewshire (Paisley & Glasgow Airport area) its also a fail to present a vehicle without wheel trims !

Eurotaxis can be licensed as private hire & the ones Ive seen on the road look like Glasgow hacks except for the different plates, must be very confusing for tourists