Post-Consultation Draft Licensing Policy Hackney carriage and private hire vehicles and drivers February 2009 APPENDICES Appendix A Application for a hackney carriage / private hire driver Appendix B Application procedure for a hackney carriage and private hire vehicle Appendix C Policy for determining the relevancy of criminal convictions in relation to hackney carriage and private hire driver’s licence Appendix D - Knowledge Test Appendix E - Hackney carriage byelaws Appendix F - Hackney carriage ranks Appendix G - Hackney carriage vehicle licence conditions Appendix H - Private hire driver conditions Appendix I - Private hire vehicle conditions Appendix J - Driver’s dress code Appendix K - Operator licence conditions Appendix L - Penalty points Appendix M - Private hire and hackney carriage fees Appendix N Summary of enforcement and prosecution policy Appendix O - Vehicle Specification – Private hire Appendix P - Vehicle Specification – Hackney carriage Appendix Q - Vehicle test requirements Introduction Salford City Council is responsible for the regulation of the hackney carriage and private hire trades within the City of Salford. Regulation is determined by a series of licensing processes. In exercising its responsibilities, the Council recognises both the needs of residents and the public at large to have access to safe, convenient and effective taxi services and the importance of this provision to the taxi trade and local economy. The purpose of this policy, and related procedures, is to guide the licensing authority in the manner in which it carries out its functions. The policy explains how regulation is achieved and decisions taken. Separate sections within the policy deal with the regulation of drivers, vehicles and operators. In developing this policy, Salford City Council as the Licensing Authority has consulted with the public at large and the trade in particular, and has had regard to: Licensing objectives The Department of Transport best practice guidance Office of Fair Trade publication Existing Salford City Council policy Current legislation Benchmarking with other licensing authorities The policy sets out the normal requirements and standards that must be met. In exercising its discretion in carrying out its regulatory functions, the Council will have regard to this policy document. However each application or enforcement action will be considered on its own merits. The City Council will formally review the policy statement every three years and informally reevaluate it from time to time. Where revisions are made, the authority will publish a statement of such revisions or a revised licensing policy statement. Licensing objectives The Council will adopt and carry out its hackney carriage and private hire licensing functions with a view to promoting the following licensing objectives. 1. Safety and health of drivers and the public 2. Vehicle safety, comfort and access 3. To prevent crime and disorder and to protect consumers 4. To encourage environmental sustainability 5. To promote the aims /vision of Salford City Council In promoting these licensing objectives the Council will expect to see licence holders and applicants continuously demonstrate they can meet or exceed specifications set by the Council in the following matters, which may include: 1. Safety and health of drivers and the public. Consideration of history of convictions and cautions Driver training, qualification and performance Knowledge of the Salford area Health and fitness to fulfil the role of a licensed driver Crime prevention measures Vehicle specifications Safety at ranks including protection of drivers Regular driver health checks Public Education Campaign 2. Vehicle safety, comfort and access. Standards of vehicle comfort and appearance Space standards for vehicles Location of ranks Use of ranks Integration of transport systems Provision of disabled facilities Number of vehicles available Provision for the aged and the young Provision of safe and comfortable premises for customers to use 3. To prevent crime and disorder and to protect consumers. Operating rules, conditions and disciplinary processes Vetting, qualification, training and monitoring licensees Policies regarding flagging, servicing of ranks at night and support for the provision of rank marshalling Measures to prevent noise, odour and light nuisance from hackney carriage and private hire activities Commitment to work with the police and licensing authorities Provision of safe premises for driver and public use 4. To encourage environmental sustainability Working with stakeholders in the trade in finding methods of reducing vehicle emissions and not permitting licences for vehicles that are unable to comply with Euro Technology requirements 5. To promote the vision of Salford City Council ‘To create the best quality of life for the people of Salford’ These objectives will be taken into account by the Council when making decisions. It is recognised that the licensing function is only one means of securing the delivery of the above objectives. The Council will therefore continue to work in partnership with the industry, its neighbouring authorities, the Police, local businesses and local people towards the promotion of the objectives. Legislation In undertaking its licensing function, the Council will have particular regard to. Town and Police Clauses Act 1847 and 1889 Local Government (Miscellaneous Provisions) Act 1976 Transport Act 1985 and 2000 Crime and Disorder Act 1998 Environmental Protection Act 1990 Disability Discrimination Act 1995 Road Traffic Acts Health Act 2006 Human Rights Act 1998 Policies The Council will also have regard to other strategies, policies and guidance in its decision making. The Council will also have regard to wider considerations affecting visitors, employers and the residential population of the City. These include the availability of hackney carriage and private hire transport at all times, public nuisance, pollution, crime and the capacity of the trade to cope with the customer demand, particularly at night. The authority will also follow the principles laid out in the Regulatory Compliance Code and any recommendations from the Local Better Regulation Office. Public Education Campaign The Licensing Authority recognise the importance of education as a means of raising the awareness of hackney carriage and private hire law amongst the public and visitors of Salford. The licensing authority believes that educating the public on the provision of taxi services across Salford will have the following benefits. 1. Increase public confidence in the service they are receiving 2. Improve the image of the taxi trade, 3. Improve safety for both drivers and users This will be achieved through engaging and working in partnership with stakeholders of the Licensing Authority. Delegated authority In accordance with the City Council’s constitution, the Lead Member for Environment has authority to determine operational policy in relation to the delivery of service and the enforcement of legislation by Officers of the Directorate relating to licensing. The Licensing Regulatory Panel has the following authority in relation to hackney carriage and private hire matters: Authority to consider and determine all contentious licensing, registration, approval, authorisation and consent matters Authority to consider and determine all potential revocations relating to licensing matters 1. 1.1 Drivers Application process This section applies to drivers of private hire and hackney carriages. Drivers must satisfy the authority that they are fit and proper people to be licensed drivers. Salford City Council aims to ensure that private hire and hackney carriage services delivered within the City are of a good standard. The application procedure is designed to ensure these standards are maintained and continually monitored for improvement. It is a legal requirement that drivers of either hackney carriages or private hire vehicles obtain a licence to drive those vehicles from the Licensing Authority. The application procedure is set out in Appendix A. Applicants must be over 21 years of age and have held a full DVLA driving licence or other European Union licence for at least two years. As the start of the application process applicants will be required to pass a basic oral and written literacy and numeracy assessment to ensure they have the necessary communication skills to be a private hire or hackney carriage driver in Salford. Applicants who do not pass the assessment will be given details of courses that they can attend to improve their communication skills. When the applicant has successfully completed a relevant course, they can then re-apply for a private hire or hackney carriage driver’s licence. 1.2 Criminal Records Bureau (CRB) disclosures Applicants and licence holders are required to submit an Enhanced CRB disclosures check for each new application and every three years thereafter. The results of this disclosure will be used to assist the Licensing Authority in deciding whether or not the applicant is a fit and proper person. The Licensing Authority will only accept CRB disclosure certificates, which are applied for through the Licensing Section of Salford City Council. All new applicants must declare any convictions, cautions or fixed penalty notices they have received. All licence holders shall notify the Licensing Authority of any convictions or cautions received during their licence period. Failure to inform the Licensing Authority of any convictions, cautions and fixed penalty notices during the licensing period may result in penalty points or possible suspension or revocation of the licence. The Licensing Authority require a five-year background check for all applicants. If an applicant has lived abroad for any period in the last five years or is from an EU member state or overseas then a certificate of good conduct authenticated and translated by the relevant embassy is required before any application can be made to this licensing authority. Information is available from below, regarding certificate of good conduct or similar documents from a number of countries: Passport & Documentary Service Group Consular Directorate Foreign and Commonwealth Office Room G38 Old Admiralty Building London, SW1A 2PA www.fco.gov.uk The Home Office’s Employers’ Helpline (0845 010 6677) can be used to obtain general information on immigration documentation. Employers and the Licensing Authority are also able to obtain case specific immigration status information, including whether an applicant is permitted to work or details of work restrictions, from: UK Border Agency North West Region c/o Units 1 -2 Dallas Court South Langworthy Road Salford M50 2GF Web www.ukba.homeoffice.gov.uk Renewal For renewal applicants, the CRB disclosure is applied for at the same time as the application for renewal is made. Renewal licences may be issued if the application has been made to the Licensing Authority 28 days prior to expiry of the current licence and that the applicant has completed a Statutory Declaration. The licence issued is conditional upon there being no adverse information revealed on the CRB disclosure that would otherwise render the applicant not “fit and proper”. If a licence is issued and relevant information is later revealed on a disclosure certificate, then that licence will be subject to review, possible suspension or revocation by the Licensing Authority pending a formal hearing. All applicants for the grant or renewal of a licence requiring a CRB disclosure shall be responsible for the costs of obtaining the CRB certificate. 1.3 Policy for determining the relevance of criminal convictions – where an applicant has previous convictions The Council has adopted the above policy, which provides guidance relating to the relevance of convictions, to determine if an applicant is a suitable person to hold a hackney or private hire driver’s licence. This is shown at Appendix C. Licences for drivers of hackney carriages and private hire vehicles will only be granted where the local authority is satisfied that the applicant is a fit and proper person to hold such licence. When submitting an application for a hackney carriage or private hire driver’s licence applicants must declare all previous convictions (traffic and criminal), they may have, including convictions classed as spent under the Rehabilitation of Offenders Act 1974. Spent convictions will only be taken into consideration if they are relevant to the application. An applicant is also required to declare any formal police cautions and all endorsable fixed penalty tickets. An applicant must also provide details of any pending or criminal matters that they are currently the subject of investigation or prosecution. Applicants should be aware that the council is empowered to check with the Criminal Records Bureau and the Driver and Vehicle Licence Agency (DVLA), for the existence and content of any criminal record or offences against the Road Traffic Acts. Details of any such convictions will be kept in accordance with the Data Protection Act 1998. . Any applicant who is refused a driver’s licence on the grounds that he/she is not a fit and proper person has a right of appeal to the Magistrates Court. The guidelines will also be taken into account when dealing with applications for the renewal of existing drivers’ licences when considering whether to renew, suspend or to revoke such a licence. Applicants who would like to discuss what effect a conviction might have on their application should telephone the licensing section on 0161-920-8420/8417. 1.4 Knowledge test As and when an applicant has satisfied the authority that he/she is a fit and proper person to hold a driver’s licence, the applicant must undertake a knowledge test. This involves a series of questions in relation to the Salford City area as well as conditions, bye-laws and legislation. Details of the knowledge test can be found at Appendix D. Applicants sitting the knowledge test will be expected to have prior detailed knowledge of the City of Salford Area ( Cadishead, Irlam, Eccles, Walkden, Worsley, Swinton, Salford, Ordsall, Broughton) and main public amenities outside Salford. 1.5 Medical fitness The next stage of the application process is the requirement to pass a medical examination. This must be carried out by the applicant’s own general practitioner. The medical examination will ensure that the applicant satisfies all the requirements of the DVLA Group II medical standards of fitness to drive. The requirement for all licensed drivers to have a medical examination will be every six years. In addition the Licensing Authority may direct any licence holder to supply satisfactory evidence, in the form of a medical certificate stating the licence holder meets the required Group II standards should their medical fitness be called into question. Any applicant for the grant or renewal of licence who is unable to satisfy the Licensing Authority that they meet the required medical standard shall not have a licence granted to them, or the licence shall not be renewed, or shall be revoked. If an existing licence holder wishes to continue to be licensed once they reach the age of 65 years, the Licensing Authority shall require them to obtain the appropriate medical certificate at annual intervals. Drivers over the age of 70 years are required to undergo an eyesight test annually in addition to the eyesight conducted at the medical. All licence holders are required to inform the Licensing Authority of any illness or condition that affects their ability to drive. All costs associated with obtaining the relevant medical certificate are to be met by the applicant. 1.6 Duration of licence The Licensing Authority will normally issue licences for a 3 year period. However the Licensing Authority does have the discretion to issue licences of a shorter duration, if it considers this to be necessary given the circumstances. Drivers must apply to renew their licence at least 28 days prior to expiry. If renewal is not made within the 28 day period it is possible that they will be expected to apply as a new applicant and would be unable to work until the full process had been completed. 1.7 Conditions The Authority is not permitted to attach conditions to a hackney carriage driver’s licence. Byelaws are used for this purpose. The Authority may attach such conditions to a private hire driver’s licence as are considered necessary. The existing hackney carriage bye-laws are contained in Appendix E. The bye-laws will be reviewed from time to time. The conditions that the Authority considers reasonable to attach to a private hire driver’s licence are contained in Appendix H. 1.8 Medical exemption Licensed drivers are under a legal duty to carry guide, hearing and other prescribed assistance dogs in their vehicles, without additional charge. Drivers who have a medical condition that is aggravated by exposure to dogs may apply to the Council for exemption from the duty on medical grounds. If an application is successful the will be issued with an exemption certificate, and also be issued with a notice of exemption. The notice of exemption must be exhibited in the vehicle by fixing it, facing outwards, either on the windscreen or in a prominent position on the dashboard. 1.9 Dress code The purpose of a driver’s dress code is to seek a standard of dress that portrays a positive image of the City of Salford, to enhance a professional image of drivers licensed by the Licensing Authority and to ensure that public and driver safety is not compromised. The dress code police is set out in Appendix J. Employees working for companies operating their own dress codes will be required to comply with the Licensing Authority’s standard. 1.10 Driver qualification The licensing authority will introduce additional training for drivers to improve the standards of customer care offered to the travelling public and to enhance the knowledge, skills and professionalism of drivers. This training will take the form of NVQ Level 2 in Passenger Vehicle Driving for drivers of hackney Carriage and private hire vehicles and chauffeurs. The qualification covers a range of topics including health and safety at work, customer service, transportation of children and young persons, dealing with emergencies during journeys and processing fares. The training involves in the region of 25 hours’ attendance and assessment over a number of two- or three- hourly sessions. Public funding is currently available so that there are no cost implications for candidates. Existing licence holders should obtain this qualification prior to the first application for renewal of their licence submitted on or after 1st January 2011. New applicants for hackney carriage or private hire vehicle drivers’ licences should obtain the qualification within 18 months following the issue of their first licence. 2. Private hire and hackney carriage vehicles The following provisions apply to both private hire and hackney carriage vehicles. There are additional issues which relate only to private hire vehicles for these see 2.10. For additional issues relating to hackney carriage vehicles only see 2.11 and 2.12. 2.1 Application process The Licensing Authority will consider all applications for vehicle licences on their own merits. The procedure for dealing with applications for private hire and hackney carriage vehicles may be found in Appendix B Once the Authority is satisfied that the following points are in order registration document (V5C) insurance details vehicle specification a completed application form and supporting documents payment of fee a licence will be issued. 2.2 Grant and renewal of licences Private hire vehicle licences will be valid for a period of 6 months. Hackney carriage vehicle licences will be issued for one year, subject to a vehicle passing a further test during the currency of the licence, approximately 6 months after the issue of the licence. The Authority will issue a vehicle licence, providing all requirements are met, and the vehicle has passed the Council’s compliance test at the appointed test station. The Certificate of Compliance from that test must be produced as evidence that the vehicle still meets the required standard. 2.3 Vehicle age, exhaust emission Environmental Protection legislation requires local authorities to review and assess air quality on a regular basis. Where air quality falls below the nation standards, the local authority is required to declare an air quality management area (AQMA) and develop a plan which identifies how air quality standards will be improved. In Salford, air quality monitoring has identified that vehicle exhaust emissions are a principal source of air pollution and this has resulted in the creation of an air quality management area along the major road networks which cross the City. The City Council aims to ensure that taxi and private hire vehicles are of a good standard. It recognises that the high mileage and general wear and tear sustained by vehicles will have an impact on their continued serviceability over a period of time. In the interests of passenger safety and comfort and in support of these policies, the City Council will introduce both vehicle emission standards and age requirements for licensed hackney carriage and private hire vehicles as part of the licensing process. All new vehicle licence applications received after the coming into force of this policy must : Must or exceed Euro 4 emission standards and be less than 4 years old from the date of first registration, or in the case of imported vehicles, from the date of manufacture. All vehicles that are currently licensed must meet or exceed Euro 3 emissions standards by 1st April 2010. Hackney carriage vehicles and private hire variants of approved hackney carriage type vehicles will not be accepted for licensing beyond ten years of age from the date of first registration or in the case of imported vehicles, from the date of manufacture. Private hire vehicles will not be accepted for licensing beyond 7 years of age from the date of first registration or in the case of imported vehicles, from the date of manufacture Proprietors of those vehicles that do not meet the Euro 3 standard would need to: 2.4 have the vehicle adopted/modified to meet the standard, where possible, or change the fuel they use to a cleaner alternative, such as biodiesel or replace the vehicle with one that meets the emission standard. This will only apply to the oldest, most polluting vehicles and those where it is not economically viable to modify them Insurance A valid certificate of insurance or cover note must be for the correct category of use for the vehicle, either hackney carriage, private hire or both. A hackney carriage vehicle requires insurance to cover public hire and hire and reward. A private hire vehicle requires insurance to cover hire and reward. A cover note will be accepted and the licence will be issued on the understanding that certificate of insurance will be produced at the relevant time. All insurance documents must be shown before a licence is granted. 2.5 Vehicle specification The Licensing Authority has set down a series of specifications. A vehicle will need to comply with these specifications prior to it being accepted as a licensed vehicle. See appendix O for private hire specification and appendix P for hackney carriage specification. 2.6 Conditions The Licensing Authority is empowered to impose such conditions as it considers reasonably necessary in relation to the grant of a hackney carriage or private hire vehicle licence. In accordance with those powers the Licensing Authority has set standard conditions of licence with respect to hackney carriages and private hire. These are provided in Appendix I for private hire and G for hackney carriage. However, where it is considered necessary additional conditions may be imposed. In considering what is reasonably necessary the Licensing Authority will take into account its licensing objectives. 2.7 Identification of vehicles as private hire or hackney carriage The Council requires hackney carriages and private hire vehicles to clearly indicate to the public that they are licensed vehicles. Therefore, they must be clearly distinguishable from other vehicles and each other. The Council believes that clear signage, types of vehicle, together with colour of the vehicle, can achieve this. The ‘London purpose built black cab’ will not be licensed as a private hire vehicle. The minibus variants of approved hackney carriage vehicles can be licensed as private hire vehicles but they must not be black. The exterior colour of all hackney carriage vehicles must be black, except for the London type cab, which can be any colour. The Council has set standards on the acceptable type of signage for hackney carriages and private hire vehicles. These can be found in the conditions and form part of this policy. They include: • The permitted position of licence plates • Positioning of permanent door signs for private hire vehicles. • Required wording for permanent door signs on private hire vehicles. • Requirements for internal dash or bulkhead mounted signs • The requirement to display the permanent door sign ‘not insured unless booked with an operator’ 2.8 Fire extinguisher All vehicles are required to be equipped with a fire extinguisher that conforms to the specification as stated in the Council’s conditions. 2.9 Accidents If at any time the vehicle is involved in an accident, the driver must inform the Licensing Authority immediately. An Accident Report Form will need to be completed within seven days of the accident or in exceptional circumstances as soon as possible. Failure to do so will result in penalty points being issued. Wheelchair accessibility In addition to all other licensing conditions, any applicants seeking the grant of a private hire vehicle in which it is intended to carry passengers who are seated in a wheelchair must present a vehicle which: 2.10 a) is certified to European Whole Vehicle (M1) or low Volume Type Approval (LVTA) standards b) has proper fittings for the securing of the wheelchair and any passengers seated in them c) has access and egress via side doors. Rear door access vehicles are not permitted except in the case of vehicle mounted tail lifts. d) a purpose designed tail lift, manufactured and installed in accordance with European standard (C.E) PRENT 1756 – as amended, and which shall conform to the Lifting Operations and Lifting Equipment Regulations 1998. A report, confirming that the lifting equipment is safe to use, shall be presented at the time of the vehicle inspection. Additional provisions for private hire vehicles only Advertisements Advertisements are not permitted on private hire vehicles. Limousines / Executive hire All vehicles used for the purpose of the business must meet relevant British or European standards. Any alterations to a manufacturer’s standard specification will require an M1 European Whole Vehicle Type Approval. Any subsequent changes will invalidate this approval. When imported into this country the importer must produce a declaration from the testing authority (VOSA) that the vehicle will never carry more than eight passengers. When considering an application for a speciality vehicle the Licensing Authority will have regards to existing specification, conditions, policies and the licensing objectives and each vehicle will be considered on its own merits. Vehicles used for this purpose will meet the criteria of a private hire vehicle when tested, with the exemption of: the tint in the windows. These can be of the privacy glass type displaying the vehicle number on the dashboard displaying the operator and insurance signs on doors. display of the private hire vehicle plate These vehicles must display a disc, issued by this authority which states details of the vehicle, issue date and the number of persons allowed. This disc must be displayed on the front and rear windows of the vehicle. Drivers of Limousines and Executive vehicles will complete the licensing application process identical to that of a private hire vehicle driver. Special events vehicles and courtesy car The Council considers the following types of vehicles to be ‘Special Event Vehicles’ when considered in the context of licensing: Decommissioned emergency service vehicles Other non-standard type converted vehicles used for special events The above list is not exhaustive, and other types of vehicle may be considered from time to time. Private hire special events vehicles will be licensed under the same criteria as private hire vehicles. Courtesy cars used for transporting customers to and from specific venues such as hotels and nightclubs, whether operated with or without charge to the customer are considered to be private hire vehicles. These vehicles must meet private hire requirements. 2.11 Additional provisions for hackney carriage vehicles only Limitation on numbers The main aim of local authority licensing of the hackney carriage and private hire trade is the protection of the public. The City Council is aware that the public should have reasonable access to taxi and private hire services, because of the part they play in local transport provision. Disabled groups are particularly reliant on taxis as a means of transport. Licensing authorities have no power to restrict the number of private hire vehicles that they licence. Licensing authorities can restrict the number of hackney carriage licence plates they issue if they are satisfied that there is no significant unmet demand for taxi services in their area. Having regard to best practice guidance issued by the Department for Transport, Office of Fair Trading recommendations and the results of consultation with the local community, the City Council will no longer have a policy of restricting the number of hackney carriage licence plates that it issues. Bye-laws Salford City Council bye-laws prescribe the requirements that hackney carriage drivers and vehicles must comply with. See appendix E 2.12 Vehicle conditions Advertisements The Council permits advertising on hackney carriage vehicles. An application to advise must be made in writing enclosing a proof of the intended advert. Advertising of alcohol, gambling, tobacco will not be permitted. In making a decision on proposals for advertising the Council will take into account: • The licensing objectives • Discrimination of any form • The Council’s objectives, specifically in relation to health promotion and crime reduction. • The likelihood of the advert causing offence. Advertisements on vehicles must not, in the opinion of the Council, obscure or distract from the clarity of signage required by the Authority to be displayed on licensed vehicles. Conditions can be found at Appendix G. Meters The Council may from time to time publish a list of meters approved and acknowledged by the Public Carriage Office for use to calculate fares. Meters used to calculate fares must be accurate and display the correct time And be capable of displaying the various tariffs as approved by the Council, including extra charges recoverable under the approved Table of Fares. The meter shall be calibrated and set to the Council‘s agreed charging distances and tariffs currently in force. The meter must be sealed by a person authorised by the Council to seal meters. Meters will be checked for accuracy by a metered mile distance or by waiting time. Meters must be positioned in order that the fare must be clearly displayed to the passenger throughout the journey. Meters in use must not facilitate fraudulent use. Any signs of tampering including the breaking of seals will result in a suspension notice being issued immediately. For the suspension notice to be removed, the vehicle with meter must have been resealed and calibrated by an approved meter company and returned to Turnpike House for inspection. Fares The Council will review hackney carriage fare scales when a request is made to them by the Hackney Carriage Trade. A fares tariff is enforceable as a bye-law and it is an offence for any person to charge more than the metered fare. The current tariff card should be visible at all times. 3. Operators 3.1 Requirement for a licence In order to ensure the safety of the public any person who operates a private hire service must apply to the Licensing Authority for a private hire operator’s licence. All applications for a grant or renewal of a private hire operator’s licence must satisfy the Authority that he/she is a “fit and proper” person. Operating licences will be granted for a period of twelve months. 3.2 Operator conditions The Licensing Authority has the power to impose such conditions on an operator’s licence as it considers necessary to uphold the licensing objectives. Standard conditions are provided in Appendix K of this document. 3.3 Insurance Before an application for a private hire operator’s licence is granted, the applicant must produce evidence that there is in force appropriate public liability insurance for the premises to be used as a private hire operating office. Any applicant for an operators licence, who is not already a licensed driver must supply 2 references and have a statutory declaration sworn. 4. Fees The Council will set fees for licences at a level that will recover the costs incurred by the Council for issue, administration and enforcement of that type of licence. 4.1 Review of fees Generally, the fees will be reviewed annually between January and March for implementation on 1 April following the review. However, the Council reserves the right to review the fees at any time. The list of current fees is set out in Appendix M and this appendix will be updated following a review of fees. The annual review will be submitted to the Lead Member of Environment (or Full Council). 5 Compliance / Enforcement The Licensing Authority through the Licensing Regulatory Panel may exercise its discretion to revoke any licence where it is satisfied that a licence holder is no longer a ‘fit and proper’ person, or a breach of condition of licence has been established. When considering the revocation of any licence, the panel will take into account all relevant facts and circumstances including the licensing objectives and the nature of the breach. 5.1 Penalty points scheme The Council operates a ‘Penalty Point’ system of enforcement of specified breaches of bye-laws or conditions of licence which are listed in appendix L. The scheme is used as a formalised method of issuing warnings. It is also completely transparent in that every licence holder will know what penalty points to expect for a particular breach. All drivers are requested to accept and sign for any points issued. Should the driver not accept the penalty points when issued, the Council will consider an alternative method of enforcing breaches. If a licence holder accumulates twelve or more points within a period of 24 months from the date the first breach is imposed, they will be required to attend a meeting of the Licensing Regulatory Panel for disciplinary action to be considered. Operation of the points scheme does not preclude the Council from taking any other actions which it is entitled to take under legislation or bye-laws 5.2 Warning and cautions Warnings (which may take the form of penalty points) and cautions may be used for minor or first time transgressions. Cautions may be considered where: there is sufficient evidence to justify a prosecution; the licence holder admits guilt and; the licence holder agrees to the caution. 5.3 Suspension of licence Where the Licensing Regulatory Panel is satisfied that a person is no longer a “fit and proper” person or in breach of a condition of licence has been proved, they may suspend a driver’s licence for any specified period. Authorised officers of the Council shall be permitted to temporarily suspend the licence of a driver should they have reason to believe that the safety of the public warrants such action. The matter will be referred to the Licensing Regulatory Panel at the earliest opportunity. A breach of the requirements of the conditions of licence may result in the vehicle and/or driver being considered unfit for purpose. Such breach of these requirements may result in the issuing of penalty points, simple caution, suspension, revocation of the licence or prosecution. 5.4 Refusal to renew a licence The Licensing Regulatory Panel may decide that appropriate action is to order that the licence shall not be renewed. In circumstances where an applicant has not provided all relevant information documents or has failed to comply with any of the requirements to renew a licence, then an authorised officer of the Licensing Authority with authority delegated by the Licensing Regulatory Panel will be permitted to refuse to renew the licence. The person applying for a licence may then have the opportunity to appeal this decision to the Magistrates Court. 5.5 Prosecution of licence holders The Licensing authority will have full regard to the Environment Directorates Enforcement and Prosecution Policy in deciding whether a prosecution should be brought. For a summary of the Policy please see Appendix N. 5.6 Offences Offences in relation to Hackney carriages are derived from the following sources: Town Police Causes Act 1847 Local Government (Miscellaneous Provisions) Act 1976 Salford Council’s Bye-laws for Hackney Carriages Conditions of licence Offences in relation to private hire are derived from the following sources: 5.7 Local Government (Miscellaneous Provisions) Act 1976 Conditions of licence Appeals Any notifications of enforcement actions will include information on how to appeal and to whom the appeal is made, where that right of appeal exists. This will include where and within what period an appeal may be brought. Appendix A Application process for a private hire driver’s / hackney carriage driver’s licence Salford City Council aims to ensure that private hire and hackney carriage services delivered within the City are of a good standard. This application procedure is designed to ensure these standards are maintained and continually monitored for improvement. Applicants must be over 21 years of age and have held a full DVLA driving licence or other European Union licence for two years. Production of both parts of your driver’s licence is required. That is, the photo card and paper part “B” section. The licence (whichever type) must be up to date and feature the applicant’s current home address. All new applicants will be seen by a member of staff, which will take place by appointment only. Appointments take place on Tuesdays and Thursdays of each week between 12 noon and 4pm and will last approximately 30 minutes. Applicants will need to bring the following documents when attending an appointment: both parts of their driving licence; passport; birth certificate and /or marriage certificate; proof of national insurance number and proof of current address, i.e. utility bill and current Passenger Assistance Training certificate (optional). A member of staff will explain the application process to the applicant. This includes timescales, costs, criminal records bureau checks, the knowledge and conditions tests, medical requirements, proof of identity and references that are required. As a guide your minimum cost for a licence will be at least approximately £308.00 excluding the doctor’s fee for your medical. Applicants must declare all previous convictions, if any, on the application form. This includes any “spent” convictions, cautions and pending court cases. If an applicant has any convictions, it may be necessary for them to appear before the Licensing Regulatory Panel who will decide if they are a “fit and proper person” to hold a private hire / hackney carriage driver’s licence in Salford. As part of the application process applicants will be required to pass a basic oral and written literacy and numeracy assessment to ensure they have the necessary communication skills to be a private hire or hackney carriage driver in Salford. Applicants who do not pass the assessment will be given details of courses that they can attend to improve their communication skills. When the applicant has successfully completed a relevant course, they can then re-apply for a private hire or hackney carriage driver’s licence. For further information or to book your appointment, contact: Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone: 0161 920 8411 E-mail: licensing@salford.gov.uk Appendix B – Hackney carriage and private hire vehicle licence application procedure Documentation a) An applicant for a hackney carriage vehicle licence must produce the following documents prior to the vehicle undergoing the Council’s Compliance Vehicle Test. All documentation must be current at the time of the examination. b) The full vehicle registration document (V5) must be produced for all annual or replate examinations c) New vehicles less than four weeks old must have a DVLA authorisation certificate (V948) and a bill of sale showing the chassis number, registration number and registration date on dealership headed paper. d) The correct fee. e) If the applicant is not a current hackney carriage driver then a statutory declaration form must be completed along with 2 references being supplied. f) An applicant for a hackney carriage vehicle licence must produce the following documents prior to the issue of the licence and identification plates. All documentation must be current at the time the licence commences. g) An insurance certificate or cover note that expressly indicates ‘on risk’ cover for hire and reward. This must be produced after the vehicle has satisfactorily passed its first inspection. The private hire vehicle licence and plate WILL NOT be issued until current hire and reward insurance has been produced. Vehicle inspection a) Vehicles submitted for test/inspection must be in such a condition as to be suitable for inspection, clean inside and out and free from oil leaks and any other matter. Vehicles must also have the engine steam cleaned prior to test. Vehicles not meeting this condition will not be inspected. These vehicles will be treated as having failed to attend the test centre and suspended until they have passed the vehicle examination. A missed test fee will be charged in such cases. For further information contact: Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone: 0161 920 8411 E-mail: licensing@salford.gov.uk Appendix C Policy for determining the relevance of convictions in relation to hackney carriage and private hire driver’s licences Each case will be decided on its own merits. The Council has a duty to ensure so far as possible that applicants are fit and proper persons to hold licences. An aspect of this is the extent to which previous convictions, including but not limited to convictions of dishonesty, sexual offences, traffic offences, violence and drugs, indicate that a person is not a fit and proper person and would not take advantage of passengers or abuse or assault them. A person with a conviction for a serious crime need not be automatically barred from obtaining a licence but would normally be expected to: a. remain free from convictions for 3 to 5 years, and b. show sufficient evidence that he/she is a fit and proper person to hold a licence. Simply remaining free from convictions will not generally be regarded as sufficient evidence that a person is a fit and proper person to hold a licence. Some discretion may be appropriate if the offence is isolated and there are mitigating circumstances. However, the overriding consideration should be the protection of the public. The following examples afford a general guide on the actions to be taken where convictions are admitted or discovered. Offences of dishonesty Hackney carriage and private hire drivers are expected to be persons of trust. It is comparatively easy for a dishonest driver to defraud the public by demanding more than the legal fare and in other ways. Members of the public entrust themselves to the care of drivers for their own safety and are expected to be dealt with fairly. Visitors from abroad and other areas can be confused and become “fair game” for an unscrupulous driver. For these reasons a serious view should be taken of any convictions involving dishonesty. In general a period of 3 to 5 years free of convictions should be required before considering an application. In particular an application will normally be refused where an applicant has a conviction for: a. Theft b. Burglary c. Fraud including benefit fraud d. Handling or receiving stolen goods e. Forgery f. Conspiracy to defraud g. Obtaining money or property by deception h. Other deception i. Similar offences of dishonesty where the conviction is less that 3 years prior to the date of application. After 3 years have elapsed consideration can be given to the circumstances of the offence and any evidence that the applicant has mended his/her ways and can be considered a fit and proper person. Violence Hackney and private hire drivers maintain close contact with the public - a firm line should be taken with applicants who have convictions for this type of offence. When the commission of an offence involves loss of life a licence will normally be refused. In other cases a period of 3 to 10 years free from offences involving violence (dependent on the seriousness of the offence) will be required before an application is likely to be considered. An application will normally be refused where the applicant has a conviction for: a. Murder b. Manslaughter c. Manslaughter or culpable homicide whilst driving d. Similar offences which may have replaced the ones listed An application will normally be refused for a period of 5 years from the date of conviction where the applicant has convictions for: a. Arson b. Malicious wounding or grievous bodily harm c. Any of the above which are racially aggravated d. GBH with intent e. Wounding with intent f. Robbery g. Racially aggravated offences of criminal damage h. Racially aggravated public order offences (e.g. aggravated fear or provocation of violence. Aggravated intentional harassment alarm or distress. Aggravated fear of violence.) i. Riot j. Violent disorder k. Assaulting a police officer in execution of duty l. Possession of offensive weapon or firearm m. Similar offences where the conviction is less than 10 years prior to date of application An application will normally be refused for a period of 3 years from the date of conviction where an applicant has convictions for: a. b. c. d. e. f. g. Common assault including racially aggravated assault Assault occasioning actual bodily harm Affray Racially aggravated public order offence ( harassment, alarm or distress) Obstruction Criminal damage Resisting arrest Or similar offences when the conviction is less than 3 years prior to the date of application. Drugs Supply of drugs An application will normally be refused when an applicant has a conviction related to the supply of drugs and the conviction is less than 5 to10 years prior to the date of application. After 5 years have elapsed consideration will be given if an applicant can provide evidence that he/she can be considered a fit and proper person. Possession of drugs An application will generally be refused where the applicant has more than one conviction relating to the possession of drugs and the conviction is less than 5 years prior to the date of application. An application from an applicant who has an isolated conviction for possession of drugs within the last 3 to 5 years will require serious consideration before a decision is made regarding his/her suitability. Sexual and indecency offences As hackney carriage and private hire drivers often carry unaccompanied passengers, applicants with convictions for rape, indecent assault, or similar offences under the Sexual Offences Act will normally be refused a licence. Applicants with convictions for soliciting or prostitution importuning indecent exposure or like offences under the Sexual Offences Act will normally be refused a licence until they can show a period of 5 to 10 years free from such a conviction. After 5 years have elapsed consideration will be given if an applicant can provide evidence that he/she can be considered a fit and proper person. Motoring convictions Minor traffic convictions Convictions for minor traffic offences will not prevent a person from being considered for a licence. If an applicant has six “live” penalty points on their driving licence for such offences then the applications may be granted subject to a strong written warning. If an applicant has between 6 and 9 penalty points on their licence then the applications will be referred to the Licensing Regulatory Panel who may decide to refuse the application or at the very least issue a severe warning that further convictions would lead to revocation Where an applicant has more than 9 penalty points on their licence they must normally show a period of 12 months free from convictions before their application is considered. The final decision will be given by the Licensing Regulatory Panel. An isolated conviction for driving without due care and attention etc. should normally merit a warning as to future driving and advice expected of hackney carriage and private hire drivers. More than one conviction for this type of offence within the last two years should merit refusal and no other application should be considered until a period of 1 to 3 years free from convictions have elapsed. A list of minor traffic offences is attached within this appendix Major traffic offences If an applicant has live endorsements or has been disqualified from driving in respect of major traffic offences then the application will be referred to the Licensing Regulatory Panel, and will normally be refused until at least 5 years after the most recent such convictions. Alcohol- related offences A person who has been disqualified from driving as a result of a drink-driving offence must show at least three years free from convictions after the restoration of their driving licence before their application will be considered. More than one “live” conviction for this type of offence would require a period of at least five years free from convictions before the application would be considered. Such an applicant would also be required to pass a further medical examination and if found to be an alcoholic a further period of five years should elapse after treatment is complete before an application is considered. A list of major traffic offences is attached in appendix (1). Not in motor vehicle An isolated conviction for drunkenness need not debar an applicant from gaining a licence. However, a number of convictions for drunkenness could indicate a medical problem necessitating medical examination. In “totting up” cases where disqualification is considered by the court, even if the court does not disqualify (eg exceptional circumstances) the council may still refuse on applications because different criteria apply and an applicant should show a period of 12 months free from convictions from the date the court made its decisions. Offences by licensed drivers, proprietors or operators. Any conviction which results from an offence committed by any person whilst working as a hackney carriage or private hire driver, proprietor or operator (especially the offence of illegally plying for hire) is regarded as extremely serious and may lead to a licence being suspended or revoked or an application to renew the licence being refused. More than one conviction for the above would certainly lead to the licence being revoked. This includes any offences against the Town Police Clauses Act 1847, The Local Government (Miscellaneous Provisions) Act 1976 or any breach of the conditions or byelaws made under the relevant legislation. Convictions of any description listed in appendix (1) committed by both hackney carriage proprietors and private hire drive’s during the duration of their licence must be declared to the Licensing Office in writing as soon as the conviction is imposed. Appendix (1) Major traffic offences AC10 AC20 Failing to stop after an accident Failing to give particulars or to report an accident within 24 hours. AC30 Undefined accident offences BA10 BA30 Driving while disqualified by order of the court Attempting to drive while disqualified by order of the court CD10 CD20 CD30 Driving without due care and attention Driving without reasonable consideration for other road users Driving without due care and attention or without reasonable DR70 DR80 DR90 consideration for other road users Causing death through careless driving when unfit through drink Causing death through careless driving when unfit through drugs Causing death through careless driving with alcohol above limit Causing death by careless driving then failing to supply a specimen for analysis Causing death by careless driving then failing to supply a specimen for drug analysis Dangerous driving Manslaughter or culpable homicide while driving a vehicle Causing death by dangerous driving Driving or attempting to drive with alcohol level above limit Driving or attempting to drive while unfit through drink Driving or attempting to drive then failing to supply a specimen for analysis Driving or attempting to drive then failing to supply a specimen for drug analysis In charge of a vehicle while alcohol level above limit In charge of a vehicle while unfit through drink Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive Failure to supply drug specimen for analysis in circumstances driving or to drive Failing to provide specimen for breath test Driving or attempting to drive when unfit through drugs In charge of a vehicle when unfit through drugs IN10 Using a vehicle uninsured against third-party risks LC20 LC30 Driving otherwise than in accordance with a licence Driving after making a false declaration about fitness when applying For a licence Driving a vehicle having failed to notify a disability Driving after a licence has been revoked or refused on medical grounds CD40 CD50 CD60 CD70 CD71 DD40 DD60 DD80 DR10 DR20 DR30 DR31 DR40 DR50 DR60 DR61 LC40 LC50 MS50 MS60 Motor racing on the highway Offences not covered by other codes UT50 Aggravated taking of a vehicle Aiding, abetting, counselling or procuring, offences as coded above. Causing or permitting, offences as coded above. Inciting, offences as coded above. Appendix (2) Minor traffic offences CU10 Using vehicle with defective brakes CU20 Causing or likely to cause danger by reason of use or unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition CU30 CU40 CU50 Using a vehicle with defective tyres Using a vehicle with defective steering Causing or likely to cause danger by reason of load or passengers SP10 SP20 Exceeding goods vehicle speed limit Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles) Exceeding statutory speed limit on a public road Exceeding passenger vehicle speed limit Exceeding speed limit on a motorway Exceeding speed limit offence SP30 SP40 SP50 SP60 MS10 MS20 MS30 MS40 MS70 MS80 MS90 MW10 Leaving a vehicle in a dangerous position Unlawful pillion riding Play street offences Driving with uncorrected defective eyesight or refusing to submit ta test. Driving with uncorrected defective eyesight Refusing to submit to an eyesight test Failure to give information as to identity of driver, etc. Contravention of special road regulations (excluding speed limit) PC10 PC20 PC30 Undefined contravention of pedestrian crossing regulations Contravention of pedestrian crossing regulations with moving vehicle Contravention of pedestrian crossing regulations with stationary vehicle. TS10 TS20 TS30 TS40 TS50 Failing to comply with traffic light signals Failing to comply with double white lines Failing to comply with a “Stop” sign Failing to comply with direction of a constable or traffic warden Failing to comply with traffic sign (excluding “stop” sign, traffic lights or double white lines) Failing to comply with school crossing patrol sign Undefined failure to comply with a traffic direction sign TS60 TS70 Aiding, abetting, counselling or procuring offences as coded above. Causing or permitting offences as coded above. Inciting offences as coded above. Appendix 3 Spent convictions Under the Rehabilitation of Offenders Act 1974 convictions become spent as defined below. Sentence: Becomes spent after: Imprisonment of between 6 months and 30 months 10 years Imprisonment of up to 6 months 7 years Borstal training 7 years A fine or other sentence not otherwise 5 years Covered in this table Community service order 5 years Absolute discharge 6 months Probation order, conditional discharge or bind over 1 year (or until the order expires, whichever is the Longer Detention centre order Remand home, attendance centre or approved school order 3 years The period of the order and a further year after the order expires Hospital order under the Mental Health Act The period of the order and a further 2 years after it expires Cashiering, discharge with ignominy or dismissal with disgrace from the armed forces 10 years Dismissal from the armed forces 7 years Detention in HM service 5 years Note (i) A sentence of more than 30 months’ imprisonment can never become spent (ii) A person under 17 years of age on the date of conviction should halve the period shown in the right column. Private hire drivers are exempt from the provisions of The Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) Order 2002, Part 1 of Schedule 1, paragraph 12(e). Applicants MUST disclose all previous cautions and convictions whether they are ‘spent’ or not. For further information or advice contact: Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone: 0161 920 8411 E-mail: licensing@salford.gov.uk Appendix D - Knowledge test When to book the test Applicants can only book a test once the criminal records procedure is complete. If an applicant is to appear before the Licensing Regulatory Panel, the applicant cannot sit the test, unless the application is granted by the panel. How much is the test The fee is £15 for the first sitting of the test and a further £10 for any additional test that may need to be sat. How to book a test? Appointments for the knowledge test can be booked through the licensing section on 0161 920 8411. The test must be paid for at the time of the booking. Knowledge test – All applicants Part one of the knowledge test will be a list of 45 places of public interest, e.g public house, restaurant, shopping centres, communal buildings, tourist destinations, travel stations and hospitals. Applicants will need to name the street/road and the area where the place is situated. Applicants are required to answer 40 correct answers to pass this part of the test Part two of the knowledge test requires the applicant to write down the route used to get from one location to another. You will be asked to describe the shortest route (not the quickest) between locations in Salford and surrounding areas. There are six questions in this section. Applicants are required to answer all six questions correctly to pass this part of the test. Please note that failure of either of these sections of the knowledge test will result in both parts of the test having to be re-sit. How many times can I sit a knowledge test? Applicants will be allowed to sit a maximum of three tests within a 12-month period. Applicants who fail a third test will be unable to re-sit the knowledge test for a minimum period of 12 months, at which point a new application form and CRB enhanced declaration must be completed. The law section of the knowledge test is split into three sections - general law, hackney carriage law and private hire law. All candidates are required to answer the general law section and choose either the private hire or the hackney carriage section depending on which driver licence they require. Private hire conditions test All private hire applicants are required to undertake and pass a conditions test. The test consist of 33 multiple choice questions and the applicant will be required to clearly mark the answer they believe to be right. A copy of the private hire conditions will be given to the applicant prior to the test. To pass this part of the test the applicant is required to correctly answer 30 questions. Hackney carriage bye-laws test All applicants for a hackney carriage driver’s licence are required to undertake a conditions and bye-laws test. The test consists of 38 multiple choice questions and the applicant will be required to clearly mark the correct answer. A copy of the conditions and bye-laws will be given to the applicant prior to the test For further information or advice contact : Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone: 0161 920 8411 E-mail: licensing@salford.gov.uk Appendix E – Bye-laws for hackney carriages Made under Section 68 of the Town Police Clauses Act, 1847, as applied by Section 171 of the Public Health Act, 1875, by the Council of the City of Salford with respect to Hackney Carriages in the City of Salford. Interpretation 1. Throughout these bye-laws “the council” means the City of Salford Council and “the district” means the City of Salford. Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence, shall be displayed. 2. a. b. The proprietor of a hackney carriage shall cause the number of licence granted to to him in respect of the carriage to be legibly painted or marked on the outside and inside of the carriage, or on plates affixed thereto. A proprietor or driver of a hackney carriage shall: (i) (ii) not wilfully or negligently cause or suffer any such number to be concealed from public view while the carriage is standing or plying for hire not cause or permit the carriage to stand or ply for hire with any such painting, marking or plate so defaced that any figure or material particular is illegible. Provisions regulating how hackney carriages are to be furnished or provided. 3. The proprietor of a hackney carriage shall: a. b. c. d. e. f. g. h. i. j. provide sufficient means by which any person in the carriage may communicate with the driver. cause the roof or covering to be kept watertight provide any necessary windows and a means of opening and closing not less than one window each side. cause the seats to be properly cushioned or covered cause the floor to be provided with a proper carpet, mat or other suitable covering cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service provide means for securing luggage if the carriage is so constructed as to carry luggage. provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use. provide at least two doors for the use of persons conveyed in such a carriage and a separate means of ingress and egress for the driver. not install a wireless transmitting or receiving set without having first obtained the consent of the council. 4. Every proprietor of a hackney carriage shall cause such hackney carriage to be provided with a taximeter. 5. The proprietor of a hackney carriage shall cause any taximeter with which the carriage is provided to be so constructed, attached and maintained as to comply with the following requirements. a. The taximeter shall be fitted with a key, flag or other device, the turning of which will bring the machinery of the taximeter into action and cause the word “HIRED” to appear on the face of the taximeter. b. Such key, flag or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter. c. When the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures a fare not exceeding the rate or fare which the proprietor or driver is entitled to demand and take for the hire of the carriage by distance in pursuance of the bye-law in that behalf. d. The word “FARE” shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon. e. The taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the carriage and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring. f. The taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances. Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments, and determining whether such drivers shall wear any and what badges. 6. The driver of a hackney carriage shall: a. when standing or plying for hire, keep the key, flag or other device fitted to any taximeter with which the carriage is provided in pursuance of the bye-law in that behalf locked in the position in which no fare is recorded on the face of the taximeter b. as soon as the carriage is hired by distance, and before beginning the journey, bring the machinery of the taximeter into action by moving the said key, flag or other device so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring. c. cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is during the hours of darkness as defined for the purposes of the Road Traffic Act 1972, and also at any other time at the request of the hirer. 7. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto. 8. The driver of a hackney carriage shall, when plying for hire in any street and not actually hired: a. proceed with reasonable speed to one of the stands fixed by the bye-law in that behalf b. if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand. c. in the case of stands numbered 1 to 13a and 13c to 23, on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction. d. in the case of stands numbered 1 to 13a and 13c to 23, from time to time when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward. e. in the case of stand numbered 13b on arriving at the stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately adjacent to the carriage or carriages on the stand and so as to face in the same direction. f. in the case of stand numbered 15 from time to time when any other carriage immediately adjacent is driven off or moved along the stand, cause his carriage to be moved so as to fill the place previously occupied by the carriage driven off or moved along the stand 9. A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not, by calling out or otherwise, importune any person to hire such carriage and shall not make use of the services of any other person for the purpose. 10. The driver of a hackney carriage when the vehicle is available for hire must be clean and respectable in dress and person, and shall behave in a civil and orderly manner to all persons conveyed in the vehicle and all members of the public. 11. The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place. 12. The driver of a hackney carriage when hired to drive to any particular destination shall, subject to any directions given by the hirer, proceed to that destination by the shortest available route. 13. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage. 14. If a badge has been provided by the council and delivered to the driver of a hackney carriage he shall, when standing or plying for hire, and when hired, wear that badge in such a position and manner as to be plainly visible. 15. The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage: a. convey a reasonable quantity of luggage b. afford reasonable assistance in loading and unloading c. afford reasonable assistance in removing it to or from the entrance of any building station or place at which he may take up or set down such person. 16. Every driver of a hackney carriage shall at all times when standing, plying or driving for hire, when required by any person hiring such hackney carriage, produce a copy of these bye-laws for the perusal and inspection by such person. 17. Hackney carriage drivers must carry a guide dog or assistance dog belonging to a passenger free of charge unless the driver has a proven medical condition that would preclude such action. The proof of such a condition must be enforced by an appropriate medical certificate obtained from the driver’s own general practitioner, at the driver’s own expense. 18 A driver of a hackney carriage shall not, save with the express consent of the hirer, smoke tobacco or like substance while carrying passengers. (This has now been amended by new Legislation Health Act 2006, which means smoking is not permitted in the vehicle at any time, by any person.) Provisions fixing the stands of hackney carriages 19. Each of the several places specified in the following list shall be a stand for such time and such number of hackney carriages as is specified in the list. Provisions fixing the rates or fares to be paid for hackney carriages within the district, and securing the due publication of such fares. 20 The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate of fare prescribed by the following table, the rate or fare being calculated by distance unless the hirer expresses at the commencement of the hiring his desire to engage by time. Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance, the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the following table which it may not be possible to record on the face of the taximeter. 21 a. The proprietor of a hackney carriage shall cause a statement of the fares fixed by the bye-law in that behalf to be exhibited inside the carriage in clearly distinguishable letters and figures b. The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time. c. Provisions securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made therein. 22 The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein 23 The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him: a. carry it as soon as possible and in any event within 24 hours if not sooner claimed or on behalf of its owners to the office of the Council and leave it in the custody of the office on his giving a receipt for it. b. be entitled to receive from any person to whom the property shall be re-delivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the council,whichever be the greater) but not more than five pounds. Penalties 24 Every person who shall offend against any of these bye-laws shall be liable, on summary conviction, to a fine fixed by the courts and, in the case of a continuing offence, to a further fine for each day during which the offence continues thereafter. THE common seal of the Council of the City of Salford was in pursuance of a resolution passed at a meeting of the Council held on the 18th December 1974 hereunto affixed this 19th day of December 1974 in the presence of the Mayor. R C REES Chief Executive The Secretary of State this day confirmed the foregoing bye-laws and fixed the date on which the bye-laws are to come into operation as the 1st day of February 1975. K P WITNEY An Assistant Under Secretary of State Home Office Whitehall Appendix F – hackney carriage ranks Situation of stands Time Max no.occupancy 1.Cawdor Street, Eccles 2 midnight to 3.00am 5 a. on the west side from a point 13.7 metres from its junction with Liverpool Road extending in a south-easterly direction for a distance of 30.5 metres b. on the west side from a point 54.8 metres from its junction with Liverpool Road extending in a south-easterly direction for a distance of 30.5 metres. 12 midnight to 3.00am 5 2.Church Street, Eccles All hours 3 All hours 3 4.Regent Street, Eccles on the south side extending eastwards 25 metres from its junction with College Croft All hours 8 5.Worsley Road, Eccles on the north-east side in the lay by outside the Public Library 75 metres south-east of the junction with Parrin Lane 8.00pm to 4.00am 2 6.A57 Liverpool Road, Patricroft northside from a point 70 metres south-west of Aldred Street for a distance of 33 metres in a south-westerly direction. 2 midnight 6 7.Car park, off Lower Broughton Road north side adjacent to Mocha Parade for a distance of 16.5 metre All hours 3 8.Cemetery Road, Salford 5 . on the west side extending for a distance of 10 metres in a southerly direction commencing at a point 15 metres south of the junction with Eccles New Road .00pm to midnight 2 a. on the south side, at the east side of the Dog and Partridge Hotel. 3.Monton Green, Eccles a. on the north-east side of Broadoak Park extending for a distance of 15 metres commencing at a point 18 metres north-west of the kerb line of the roundabout of Broadoak Park , Monton Green and Monton Road 9. Cromwell Road, Salford 6 on the north side in the lay-by to the west of the exit from the adjacent University Property. all hours 3 10.George Street, Salford 8 on the north-west side extending for a distance of 15 metres in a south-westerly direction commencing at a point 30 metres south-west of the junction with Bury Old Road All hours 3 11.Victoria Bridge Street Salford 3, on the north east side from a Point 18.3 metres south east of Chapel Street for a distance of 25 metres in a southeasterly direction. 11.30pm to 4.30am 5 12.Littleton Road, Salford 7 All hours on the south-west side for a distance of 20 metres in a north-westerly direction commencing at a point 30 metres west of its junction with South Radford Street 4 13.Mulberry Road, Salford 6 a. in the la-by on the south-west side of Mulberry Road commencing 16 metres south West of the junction with Hankinson Way. All hours 5 b. in the lay-by on the south-west side from All hours a point 67 metres south-east of Hankinson Way in a south-easterly direction for a distance of 15 metres in bays angled at 90 degrees to the footway. 6 c. car park to the south-east of Mulberry Road, north-eastside from a point 45 metres southeasterly direction for a distance of 15 metres in bays angled at 90 degrees to the Footway All hours 5 14 Northumberland Street, Salford 7 on the south-east side extending for a distance of 15 metres in a north easterly direction commencing at a point 10 metres north-east of the junction with Rigby Street All hours 3 15. Willows Road, Salford on the south side, from the easterly side of the entrance to the former school yard, in an easterly direction for a distance of 30 metres 10.00pm to 3.00am 6 16. Cross Lane, Salford 5 11.00pm to on the east side form a point 143 metres north 4.00am east of its junction with Liverpool Street, in a north-easterly direction for a distance of 15 metres 3 17. Stott Lane, Salford 6 on the west side, in the lay-by from a point 2 metres north of the southerly kerbline of Meadowgate Road in a northerly direction for adistance of 20 metres. All hours 4 18.Chorley Road, Swinton on the south east side from a point 27.4 metres south west of Wellington Road in a south easterly direction 8.00am to 10.00pm 4 19.Chorley Road, Swinton on the south east side extending for a distance of 20 metres in a south-easterly direction commencing at a point 30 metres south east of the junction with Partington Lane 10.00am to 4.00am 4 20. Station Road, Swinton 10.00pm to on the west side from a point 50 metres 4.00am north of the northerly kerbline of Chorley Road in a northerly direction for a distance of 15 metres 3 21. Armitage Avenue, Worsley on the west side extending for a distance of 19 metres in a northerly direction commencing at a point 60 metres south west of the junction with Manchester Road 8.00 pm to 3.00am 3 22. Egerton Road, Worsley 8.00pm to on the east side extending for a distance 3.00am of 19 metres in a northerly direction commencing at a point 19 metres from it junction with Manchester Road 4 23.Car park, Walkden adjacent to the St. Ouen Centre 8.00am to 6.00pm 4 24.New Bailey Street, Salford south west side from point 1 metre north west of the boundary of the City of Manchester, in a north westerly direction. All hours 3 25. Rossall Way, Salford south-west side from a point 53 metres northwest of the north westerly kerb line of Hankinson Way in a north-westerly direction 9.00am to 6.00pm 4 26.Charles Street, Salford (experimental for a period of 12 months) south side from a point 15 metres east of the easterly kerbline of Langworthy Road in an easterly direction for a distance of 15 metres. 7.00pm to 11.00pm 3 27.Stott Lane, Salford 6 west side, in the lay-by from a point 16 metres north of the northerly kerbline of Meadowgate Road in a southerly direction for a distance of 60 metres All hours 12 28.Union Street, Pendlebury west side, from a point 15 metres south of the southerly kerbline of Bolton Road in a southerly direction for a distance of 20 metres 7.00pm to 4.00am 4 N.B. The foregoing is a schedule of all hackney carriage stands appointed by virtue of Section 63 of the Local Government (Miscellaneous Provisions) Act 1976 as at 26th June 1991. Appendix G - Conditions for hackney carriage vehicles Salford City Council aims to ensure that hackney carriage services delivered within the City are of a good standard. To this end, it has produced a set of conditions which, in addition to the Local Government (Miscellaneous Provisions) Act 1976 and other relevant Acts, regulate hackney carriage services. Salford City Council may, at its discretion, waive, alter or add to any of the conditions, standards or requirements. All relevant information will be taken into account when consideration is being given to the grant of a hackney carriage vehicle, driver or operator’s licence. Whilst an application for a licence should conform to the licensing conditions and Council policies or guidelines, each application will be considered on its own merits. Should an application be refused, the applicant has a right of appeal, in writing, within 21 days, to the magistrates court. a) The proprietor shall ensure that the hackney carriage shall be maintained in a sound mechanical and structural condition at all times and be capable of satisfying the Council's mechanical and structural inspection at any time during the continuance of the licence in respect of the vehicle. b) The interior and exterior of the hackney carriage shall be kept in a clean condition and maintained in a safe condition by the proprietor. c) The proprietor shall not allow the mechanical and structural specification of the hackney carriage to be varied without the written consent of the council. d) The proprietor should cause the interior of the vehicle to be kept wind and watertight. e) The proprietor shall provide any necessary windows with means of opening and closing, with not less than one window on each side of the passenger compartment. f) The proprietor shall cause the seats in the passenger compartment to be properly cushioned and covered. g) The Proprietor shall cause the floor in the passenger compartment to be provided with a proper carpet, mat or other suitable covering. h) The proprietor shall cause the exterior and interior of the carriage to be kept in a clean condition and well maintained in every way fit and safe for public use. i) The proprietor shall provide facilities for the conveyance of luggage safely and protected from inclement weather. j) The proprietor shall provide at least two doors for use of persons conveyed in such Hackney Carriage and a separate means of ingress and egress for the driver k) The Proprietor shall ensure they display ‘NO SMOKING’ signs on all passenger door windows as prescribed by Part 3 of The Smoke-free (Premises and Enforcement) Regulations 2007 . l) The proprietor shall ensure the vehicle is equipped with a legal spare wheel at the correct inflation. Any spare wheel must conform to construction and use regulations Licence plates a) The proprietor of a hackney carriage vehicle shall ensure the identification plates, issued by the Council, are fixed to the exterior of the vehicle at the front and the rear, to the satisfaction of an Authorised Officer. The plates must be fitted on the vehicle with the brackets supplied. When the plate is returned to the Licensing Section either for renewal or at time of expiry, the plate must be returned in a clean condition. At no time should the plates be fitted on the front or the rear windshields, either inside or out. b) The proprietor of a hackney carriage vehicle shall ensure the hackney carriage plate number is displayed inside the vehicle in such a position as to be clearly visible at all times to passengers. c) The proprietor of a hackney carriage vehicle shall keep in force in relation to the user of that vehicle a policy of insurance issued by an approved insurance company and comply with the requirements of Part VI of the Road Traffic Act 1972. Fire extinguisher The proprietor of the vehicle must provide and maintain to the satisfaction of an Authorised Officer a full working fire extinguisher manufactured to the appropriate British Standard containing foam filled (AFFF) with a capacity of not less than 2 litres, which shall be fixed by means of a retaining bracket and carried in such a position as to be easily available for use, and such extinguisher shall be clearly marked with the appropriate British Standard Institution specification number and with the name and address of the manufacturer or vendor thereof together with an unexpired ‘tested until’ or ‘use before’ date. The relevant hackney carriage vehicle ‘plate’ number must be clearly and indelibly marked on the casing of the fire extinguisher. Vehicle inspection a) All vehicles will be required to pass the Council’s vehicle examination prior to the grant or renewal of a licence. Failure on the part of any vehicle proprietor to comply with this requirement shall render the vehicle licence suspended until such time as the compliance test certificate is obtained and provided to the Council. c) The licensee shall ensure the private hire vehicle is kept in a sound mechanical and structural condition at all times and is capable of passing the Council’s mechanical and structural inspection at any time within the duration of the vehicle licence. Trailers A licensed vehicle will be permitted to tow a trailer provided that: a) the proprietor presents the trailer for inspection at Vehicle Maintenance Service prior to its first use and again at each inspection of any vehicle on which the trailer is authorised to be used. b) The trailer must only be used on pre-booked journeys when excess luggage is to be carried and not for general use. c) The trailer may be used with any licensed vehicle and that the trailer, vehicle and their towing fittings have been inspected and approved by VMS. d) The trailer complies with all aspects of current legislation and is of a type recommended by the vehicle manufacturer as being suitable for the intended towing vehicle. e) The vehicle must be suitable for towing the intended trailer. f) That the trailer is in good condition. g) The trailer must be purpose built and manufactured for the purpose of which it was intended. h) The trailer must be plated by the manufacturer specifying the maximum load to be carried. i) The trailer must be a braked trailer. j) The trailer must comply with current lighting regulations. k) No advertising will be permitted on any part of the trailer. L) The trailer must be fitted with securely fastening covers, which can be hardtop or canvas tarpaulin type. m) When the trailer is used with the licensed vehicle, the licence plate issued by the Council specifically for that trailer, shall be clearly displayed on the trailer. n) o) A spare wheel for the trailer must be carried whilst the trailer is in use. p) The tow bar used must be of a type approved by the manufacturer of the vehicle and be fitted by an approved agent. q) The vehicle must be insured to tow the trailer, of which proof of cover must be produced. r) A charge will be made for the inspection of the trailer which will be recouped from the proprietor of the vehicle. Advertising a) The proprietor of a hackney carriage vehicle shall not display any commercial advertising that has not been approved by the Council. b) The proprietor of a hackney carriage vehicle shall not allow any commercial advertising of alcohol, tobacco, or gambling. c) The proprietor may provide video display advertising inside the vehicle subject to recorded matter being approved by the chairman and deputy chairman of the Council’s Licensing Regulatory Panel, and the screen sited to the satisfaction of the Authorised Officer of the Council. Taxi meters a) The proprietor shall cause the hackney carriage to be fitted with a taximeter approved by the Council before plying for hire and for it to be located within the vehicle to the satisfaction of the Authorised Officer. b) The proprietor shall cause the taximeter to be maintained in a sound mechanical condition at all times. c) The proprietor shall ensure the taximeter is set at the tariff authorised by the Council. d) The proprietor shall not use or allow the use of a taxi meter that has not been sealed by an Authorised Officer of the Council. e) The proprietor shall cause the taximeter to be fitted with a key to bring the machinery into action and cause the word ‘HIRED’ to appear on the face of the meter as soon as the vehicle is hired. f) The proprietor shall ensure that when the vehicle is for hire the meter must show no fare at that time and the key is to be locked and all machinery kept inactive. g) The proprietor shall ensure the ‘FOR HIRE’ sign or other illuminated sign is not switched on when the hiring begins. h) The proprietor shall ensure that when the taximeter is in use the fare and permitted extras are shown clearly on the face of the meter. No extra charge should be made for the carriage of a disabled person’s wheelchair, as under the Disability Discrimination Act 2005 it would be considered as treating that person less favourably and an offence under the Act. The proprietor shall ensure that the taximeter is in a position, within the vehicle, i) where the fare recorded on it is clearly visible to all passengers. j) The proprietor shall ensure the ‘FARE’ is printed on the face of the meter in clear letters to show the fare recorded. k) The proprietor shall ensure the taximeter is sealed by an Authorised Officer and shall not be tampered with by any person who may cause damage to the taximeter. l) The proprietor of a hackney carriage vehicle shall not replace the taximeter without first getting permission from the Council. The proprietor of hackney carriages a) On the request of an Authorised Officer, the proprietor shall produce the appropriate insurance to that officer. Failing to show insurance at the time, the proprietor shall produced insurance within seven days at the Licensing Office of the Council b) The proprietor of a hackney carriage vehicle shall not allow any person to drive that vehicle, unless that person is a licensed hackney carriage driver with Salford City Council. The proprietor shall ensure he has a copy of the original hackney carriage driver licence. c) Provide sufficient means by which any person in the carriage may communicate with the driver during the course of the hiring. d) The proprietor of a hackney carriage vehicle must report any damage of the vehicle, affecting the safety, performance or appearance of the vehicle to the Licensing Office as soon as possible or within 72 hours of its occurrence. If suspended by an Authorised Officer of the Council the vehicle must not be used. e) The driver/proprietor shall not allow any person to ride in the front of the vehicle unless the appropriate seat and seatbelt is fitted. No person under the age of 10 years must be carried in the front of the vehicle. f) Pets/animals owned by the driver/proprietor must not be carried in the vehicle. Guide dogs or other assistance dogs must be carried in the vehicle. g) The licensee shall ensure that the hackney carriage fare table, supplied by the Council, is not concealed from the public, and must be displayed at all times. h) The proprietor of a hackney carriage shall immediately disclose to the Council in writing details of any convictions imposed on him during the currency of his licence i) If the proprietor of a hackney carriage vehicle transfers the vehicle to another person, then he shall within 14 days of the transfer give notice in writing to the Licensing Office. This must Include the name and address of the person who the vehicle has been transferred. The cost of the transfer shall be made by the new licensee. If the proprietor fails without reasonable excuse to give notice of a transfer he shall be guilty of an offence. For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone: 0161 920 8411 E-mail: licensing@salford.gov.uk Appendix H – Private Hire Driver Conditions A private hire driver shall: a) notify the Council in writing of any conviction against him/her immediately after the conviction has been imposed. This includes all convictions including both traffic and criminal. Guidelines to the category of convictions can be obtained at the Licensing office. b) drive to the destination by the shortest route or as requested by the hirer. c) ensure that the exterior identification plates of the private hire vehicle are visible to the public. The interior display of the private hire vehicle must also be visible from inside the vehicle at all times. d) attend a booking at the appointed time and place, unless prevented by good reason. e) search the private hire vehicle for any property that may have been accidentally left, after each hiring. If the licensee finds any property in the vehicle that has been accidentally left, he should take it to the Licensing Section of the Council within 24 hours or immediately on a Monday following a weekend. Details of the property shall be recorded and kept at the Licensing Section for 6 months. If left unclaimed it shall be returned to the finder. f) at all times take reasonable steps to ensure the safety of all passengers using the vehicle. g) give notice in writing to the Council of any change of his address within 7 days of the change taking place. h) only allow the number of passengers in the vehicle as stated on the licence plate. i) at all times carry a copy of these conditions in the private hire vehicle for inspection by the hirer or other passengers and Authorised Officer of the local authority. j) only charge the passenger the fare shown on the taximeter (where fitted). No extra charge can be made for the carriage of a wheelchair, as under the Disability Discrimination Act 2005 an offence would be committed. k) ensure that the private hire vehicle shall be kept in a clean condition inside and out and in every way fit and safe for public use l) The licensee shall give all reasonable assistance with passengers’ luggage; no extra charge must be made A private hire driver shall not: a) smoke in the vehicle at any time nor allow any other person to smoke in the vehicle. b) allow any noise from the vehicle to be a source of nuisance or annoyance to any person inside or outside of the vehicle. c) whilst driving or in charge of a private hire vehicle accept an offer for immediate hire of the vehicle, unless the booking is first made with the operator. d) sound the vehicle’s horn, at any time, or use any other audible means to attract the attention of customers. e) If the vehicle is fitted with a meter the licensee shall not allow the fare recorded to be cancelled or concealed until the hirer has examined it and paid the fare. f) play any radio or sound-producing equipment in the vehicle if the hirer objects. Wheelchair users and disabled passengers a) b) c) No driver shall refuse to attend to the needs of or refuse assistance to any person with a disability, whether wheelchair bound or not; No extra charge can be made for the carriage of a wheelchair, as under the Disability Discrimination Act 2005 an offence would be committed Private hire or hackney drivers must carry a guide dog or assistance dog belonging to a passenger free of charge unless the driver has a proven medical condition that would preclude such action. The proof of such a condition must be enforced by an appropriate medical certification obtained from the driver’s own general practitioner, at the driver’s own expense. Drivers have a responsibility to ensure that their company is aware of such a condition when they are first employed. Identification badge a) The Driver shall at all times when acting as the Driver of a Private Hire vehicle, wear the Driver’s badge issued to him/her by the Council in a position and manner as to be plainly and distinctly visible. b) A Driver must not wear their identity badge other than when carrying out work in connection with their private hire business. c) No personal shall damage, deface, mutilate or obscure a driver’s badge or any part of the badge. For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk Appendix I - Private Hire Vehicle Conditions Salford City Council aims to ensure that private hire services delivered within the City are of a good standard. To this end, it has produced a set of conditions which, in addition to the Local Government (Miscellaneous Provisions) Act 1976 and other relevant Acts, regulate private hire services. Salford City Council may, at its discretion, waive, alter or add to any of the Conditions, standards or requirements. All relevant information will be taken into account when consideration is being given to the grant of a private hire vehicle, driver or operators licence. Whilst an application for a licence should conform to the licensing conditions and Council policies or guidelines, each application will be considered on its own merits. Should an application be refused, the applicant has a right of appeal, in writing, within 21 days, to the Magistrates Court. Fire Extinguishers The Proprietor of the vehicle shall Provide and maintain to the satisfaction of an Authorised Officer a full working fire extinguisher manufactured to the appropriate British Standard containing foam filled (AFFF) with a capacity of not less than 2 litres, which shall be fixed by means of the manufacturers designated retaining bracket and carried in such a position as to be easily available for use, and such extinguisher shall be clearly marked with the appropriate British Standard Institution specification number and with the name and address of the manufacturer or vendor thereon. The relevant Private Hire Vehicle ‘Plate’ Number must be clearly and indelibly marked on the casing of the fire extinguisher. Vehicle Inspections An applicant for a private hire vehicle licence and proprietors of licensed private hire vehicles shall submit the vehicle for mechanical and/or such other inspection i.e. intermediate as the Council may require. a) Vehicles submitted for test / inspection shall be in such a condition as to be suitable for inspection; clean inside and out and free from oil leaks and any other matter. Vehicles must also have the engine and underside of the vehicle steam cleaned prior to test. Vehicles not meeting this condition will not be inspected. These vehicles will be treated as having failed to attend the test centre and suspended until they have passed the vehicle examination. A missed test fee will be charged in such cases. b) Vehicles which fail to attend for any inspection, will be suspended immediately until such time as they attend and pass the test. d) The Licensee shall ensure the private hire vehicle is kept in a sound mechanical and structural condition at all times and is capable of passing the Council’s mechanical and structural inspection at any time within the duration of the vehicle licence Liquid Petroleum Gas The following conditions apply to vehicles presented for licensing which are made or adapted to run on liquid petroleum gas (LPG). The vehicle must comply with all other private hire vehicle licensing conditions. A proprietor converting their licensed vehicle to run on LPG must notify the Council of such change and comply with the following condition: a) The installation of an LPG tank to be undertaken by a Liquid Petroleum Gas Association (LPGA) approved installer, as recommended by the Liquid Petroleum Gas Association. b) The proprietor shall produce to the Council a certificate of compliance issued c) The vehicle must be serviced annually by a person competent in LPG powered vehicles and a Certificate issued. Trailers A licensed vehicle will be permitted to tow a trailer provided that: a) the proprietor presents the trailer for inspection at VMS prior to its first use and again at each inspection of any vehicle on which the trailer is authorised to be used. b) The trailer must only be used on pre-booked journeys when excess luggage is to be carried and not for general use. c) The trailer may be used with any licensed vehicle and that the trailer, vehicle and their towing fittings have been inspected and approved by VMS. d) The trailer complies with all aspects of current legislation and is of a type recommended by the vehicle manufacturer as being suitable for the intended towing vehicle. e) The vehicle must be suitable for towing the intended trailer. f) The trailer must be purpose built and manufactured for the purpose of which it was intended. g) The trailer must be plated by the manufacturer specifying the maximum load to be carried. h) The Trailer must be a braked trailer. i) The trailer must comply with current lighting regulations. j) No advertising will be permitted on any part of the trailer. k) The trailer must be fitted with securely fastening covers, which can be hardtop or canvas tarpaulin type. l) When the trailer is used with the licensed vehicle, the licence plate issued by the Council, specifically for that trailer, shall be clearly displayed on the trailer. m) A charge will be made for the inspection of the trailer which will be recouped from the proprietor of the vehicle. n) Trailers must not be towed by vehicle where the rear doors provide a 2nd exit from the vehicle. Licence Plates a) The identification plates, when issued by the Council must be fixed to the exterior of the vehicle. One plate to be fixed at the front and one fixed at the rear of the vehicle, to the satisfaction of an Authorised Officer. The fixing of plates on the front or rear windshield is not allowed. The identification plates shall be securely fixed to the outside of the vehicle on backing plates provided by the Council. b) The Licensee of the private hire vehicle shall ensure that the private hire plate number is clearly displayed on the dash board of the vehicle and shall be clearly visible at all times. c) The private hire plate shall remain the property of Salford City Council at all times and must be returned immediately if the vehicle ceases to be a licensed private hire vehicle or following a suspension of revocation the plate must also be immediately returned. d) The private hire vehicle plate number must be displayed permanently on the dash board of the vehicle. e) The licensee of the private hire vehicle shall cause to be displayed permanently on the upper half of both front doors Operator’s signs, supplied by the operator. The surface area of the sign should be no less than A4 (29.7 cm x 21 cm), and the required notice and wording should cover the full area which should include the following: (i) The Private Hire Vehicle Operator’s name and telephone number (ii) The words “Private Hire Only” f) The licensee of a private hire vehicle shall cause to be clearly and permanently displayed on the upper half of both rear passenger door panels, or in the case of a minibus on the sides of a minibus in a similar manner, signs worded “Private hire vehicle insurance invalid unless booked with Operator’, as provided by the Council. The signs must be standard in size and not be cut down or fitted with magnetic backings. It is an offence for the proprietor to remove the licence plates for any reason within the duration of the licence except if the vehicle is suspended or the licence revoked by an Officer. Advertising and Roof Signs a) Advertising is not permitted on private hire vehicles. b) The Proprietor of a private hire vehicle shall not allow the display of any roof sign or illuminated sign to be displayed in, on or from the private hire vehicle. c) The suitability of any ‘sticker’ / livery or signage carried on vehicles must be approved by Officers from the Councils Licensing Section. Taximeters If the vehicle is fitted with a taximeter: a) The Proprietor shall cause the taximeter to be of a type approved by the Council and to be maintained in a sound mechanical condition at all times and for it to be located within the view of the passengers. b) The Proprietor shall cause the taximeter to be set to display any fare table which may be adopted by the Private Hire Operator. c) The Proprietor shall not use or permit to be used a taximeter that the Council has not sealed to prevent unauthorised adjustment of a taximeter. d) The Proprietor shall cause the taximeter to be fitted with a key to bring the machinery into action and cause the word "HIRED" to appear on the face of the meter as soon as the vehicle is on hire. e) The Proprietor shall ensure that when the vehicle is not hired the meter is to be locked and machinery kept inactive and the meter must show no fare at that time. f) The Proprietor shall ensure when the taximeter is brought into action the fare and permitted extras will be shown legibly on the face of the meter and shall be no more than permitted by the approved tariff. g) The Proprietor shall ensure the "FARE" shall be printed on the face of the meter in clear letters so as to apply the fare recorded thereon. h) The Proprietor shall ensure that the taximeter is sufficiently illuminated that when in use it is visible to all passengers. i) The Proprietor shall ensure that the taximeter and all its fittings are affixed to the Private Hire vehicle with seals or by other means so that it shall not be practicable for any person to tamper with the meter except by breaking or damaging or permanently displacing the seals and other fittings. For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk Appendix J - Drivers Dress Code The purpose of a driver’s dress code is to seek a standard of dress that portrays a professional image of drivers licensed by the Licensing Authority and to ensure that public and driver safety is not compromised. The dress code is a condition of licence and will be enforced as such. Employees working for companies operating their own dress codes will be required to comply with the Licensing Authority’s standard. Acceptable Standards of Dress Collared shirts, blouses, polo shirts, or sweat top should cover the shoulders and be capable of being worn inside trousers or shorts. Shirts or blouses may be worn with a tie or open necked. Trousers/Shorts/Skirts Trousers may be either full length or shorts Shorts shall be tailored Trousers/Shorts or Skirts shall be of material of one colour No blue denim jeans Footwear for all drivers shall fit around the heel of the foot All the above must be of smart appearance and in good condition. Unacceptable Standards of Dress The following are deemed unacceptable Clothing not being kept in a clean condition and free from holes and rips Words or graphics on any clothing that is of an offensive or suggestive nature Sportswear (e.g. football / rugby kits, track suits, beach wear etc) Sandals with no heel straps, flip flops or any other form of footwear not secured around the heel Drivers not having either the top or bottom half of their bodies suitably clothed No baseball caps Failure to comply with this dress code will render a licensed driver liable to the issue of Penalty Points under the Council’s approved Penalty Point Scheme For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk Appendix K – Operator Licence Conditions Salford City Council aims to ensure that the private hire and hackney carriage service delivered within the City is of a good standard. These Conditions along with the Local Government (Miscellaneous Provisions) Act 1976 and other relevant Acts, regulates the service provided. Salford City Council may, at its discretion, waive, alter or add to any of the conditions, standards or requirements. All relevant information will be taken into account when consideration is being given to the grant of an operators licence. Whilst an application for a licence should conform to the licensing conditions and Council policies or guidelines, each application will be considered on its own merits. Should an application be refused, the applicant has a right of appeal, in writing, within 21 days, to the Magistrates Court. PREMISES a) The Operator must obtain any necessary planning permission required for his premises and must comply with any conditions attached by planning. b) The Operator's premises where open to the public, shall be kept clean, adequately heated, ventilated and lit. c) The Operator shall ensure that any waiting area for the use of prospective hirers shall be provided with adequate seating properly cushioned or covered. When the Operator accepts a hiring he shall, unless prevented by some sufficient cause, ensure that a licensed Private Hire vehicle attends at the appointed time and place. VEHICLES / DRIVERS a) The operator shall keep an up to date list of all drivers and vehicle licences. To include registrations numbers, plate numbers and details of any radio call sign use. b) The Operator must ensure that any vehicle working for them must be licensed by Salford City Council as a private hire vehicle. The private hire vehicle licence issued by the Council must be keep by the operator, while the vehicle is being operated by him c) The Operator must ensure that any person, who drives a private hire vehicle operated by him, is licensed by Salford City Council as a private hire driver. The Operator should retain the licence of the driver, and on leaving the driver shall be entitled to the return of the licence immediately. d) The Operator must ensure that all licensed vehicles, including those not licensed by the company have appropriate insurance before allowing them to commence RADIO / TELEPHONE EQUIPMENT a) The Operator shall provide adequate telephone facilities and staff to provide an efficient service to the public using the operator's facilities. b) The Operators radio and computerised equipment shall be maintained in a sound condition and any defects shall be repaired immediately BOOKINGS a) Every contract for the hire of a Private Hire vehicle shall be deemed to be made with the Operator whether or not he himself provides the vehicle. b) The records of the hiring accepted by the Operator required to be kept under Section 56 of the Local Government (Miscellaneous Provisions) Act 1976 shall contain the following details and it shall be the responsibility of the operator to ensure the records are so kept: 1. Time of hiring 2. Name and address of hirer 3. How booking originated 4. Time of pick-up 5. Point of pick-up 6. Destination 7. Name of driver plus time 8. Vehicle used 9. Remarks, including details of any sub-contract to another operator 10. Time and date the entry was made and name of switch operator c) When the operator accepts a booking he shall ensure that a licensed private hire vehicle attends at the appointed time and place. d) The Operator shall keep all detailed record of hiring’s for at least 6 months and the operator shall produce any information or records on request to a Constable or any authorised officer of the Council e) The Operator shall notify the Council of any conviction including traffic and criminal, imposed upon him immediately in writing after the conviction has been imposed. Conviction guidelines are available at the Licensing Office. f) Any person to whom a one man operator license is issued must reside within the city of Salford For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk Appendix L – Penalty Points Category of Offences and Points Scale Points Hackney carriage Licence Conditions and Bye Laws Hackney Carriage Licensee fails to notify change of address in writing to the Local Authority. Hackney Carriage Driver refusing to carry prescribed number of passengers. Hackney Carriage Driver refusing to drive. Hackney Carriage Driver permitting persons to be carried without the consent of hirer. Leaving a Hackney Carriage Vehicle unattended in public place. Contrary to Section 62 Town and Police Clauses Act 1847 Leaving Hackney Carriage Vehicle obstructing other drivers on the rank. Hackney Carriage Driver fails to produce Hackney Carriage drivers licence. Hackney Carriage Driver fails to wear drivers badge. Driving a licensed vehicle that is not clean and tidy inside and out Driving a licensed vehicle not properly maintained Failure to display internal licence number Failure to display external plates in the correct position or a dirty condition Display of an unauthorised sign i.e. commercial advert Failure to carry an authorised fire extinguisher Failure to proceed to the nearest Hackney Carriage stand when not hired Failure to proceed to the nearest Hackney Carriage stand when stand is full Failure to drive to rear of the last Hackney Carriage Vehicle on the stand Calling out or importuning persons to use the Hackney Carriage when standing or plying for hire Failure to attend for hiring without good reason Failure to assist with luggage to and from the vehicle or from any building, station or other place Failure to display fare chart in vehicle Failure to check vehicle for lost property after each fare Failure to carry and produce copy of byelaws Failure to report damage to Hackney Carriage Vehicle caused by a road accident or other means affecting safety, 3 2 3 3 2 3 3 3 2 3 3 3 2 2 2 2 2 3 2 2 3 2 2 3 performance or appearance as soon as possible or within 72 hours of occurrence Failure to notify the authority the transfer of Hackney Carriage Vehicle licence to another person within 14 days of such a transfer Hackney Carriage driver fail to produce valid insurance within 7 days of request Hackney Carriage proprietor fail to inform Council of Convictions immediately in writing Hackney Carriage Driver charging fare/rate exceeding that displayed on the meter Hackney Carriage driver fail to carry ramps for loading disabled person’s wheelchair 3 3 3 3 3 Private Hire Licence Conditions Points Points Failure to provide assistance with passengers luggage 2 Failure to behave in a civil and orderly manner 3 Failure to ensure passenger safety 3 Drinking or eating without the express permission of hirer 2 Playing the radio or other sound reproducing instruments 2 without permission of hirer Proprietor displaying an unauthorised sign i.e. commercial 2 advert on vehicle Failure to permanently fix and display “Insurance invalid 3 without prior booking with operator” signs on vehicle Failure to permanently fix and display operators private hire 3 signs Causing excessive noise from any radio or sound producing 2 instrument which annoys anyone in or outside the vehicle Failure to carry assistance dog without exemption certificate 3 Failure to check vehicle for lost property after each fare 2 Failure to report property found to the Local Authority as 2 soon as possible or within 24 hours of finding Driver Carrying own pet animal other than an assistance 2 dog Failure to attend a time for pre-arranged booking without 2 sufficient cause Failure to notify The Authority of any conviction in writing 3 immediately once the conviction has been imposed Driving a licensed vehicle which is not clean and tidy inside 2 and out Driving a licensed vehicle which is not properly maintained 3 Failure to display licence plate or plate not in correct 3 position Fail to display licence number on dash board 3 Failure to carry an authorised fire extinguisher 2 Failure to display operators fare table in vehicle 3 Failure to carry conditions in vehicle Carrying a child under the age of 10 in the front of the vehicle Driver of Private Hire Vehicle demanding fare in excess of that shown on meter (if fitted) Sounding vehicles horn or using audible to attract customers attention day or night Failure to report to The Authority damage to Private Hire Vehicle caused by a road accident or other means affecting safety, performance or appearance as soon as possible or within 72 hours of occurrence Failure to notify the Authority of the transfer of Private Hire Vehicle Licence within 14 days of such transfer Private Hire Driver fails to produce valid Insurance within 7 days of request Private Hire Driver fail to display Private Hire Drivers identity badge as prescribed by the council’s conditions. Failure to notify change of address in writing to the Local Authority Person causing a Private Hire Vehicle to stand on a taxi rank. Contrary to Section 64 and 76 Local Government (Miscellaneous Provisions) Act 1976 For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk 2 3 3 3 3 3 3 3 3 3 Appendix M – Private Hire and Hackney Carriage Fees Private Hire Drivers Licence Grant Private Hire Drivers Licence Renewal £251.00 £125.00 Hackney Carriage Drivers Licence Grant Hackney Carriage Drivers Licence Renewal £251.00 £125.00 Private Hire Vehicle Hackney Carriage Vehicle £188.00 £188.00 Knowledge / Conditions Test CRB Standard CRB Enhanced £15.00 £31.00 £36.00 Duplicate Plate (each) Plate Bracket (each) Duplicate Paper Licence Duplicate Badge Strings / Clips £5.00 £5.00 £2.00 £10.00 Free Meter Test Amendment to Operators Licence £10.00 £10.00 Operators 1 Vehicle 2 – 4 Vehicles 5 – 10 Vehicles 11 – 20 Vehicles 21 + £209.00 £272.00 £458.00 £523.00 £679.00 (per annum) Appendix N – Summary of Enforcement and Prosecution Policy The aim of the Environmental Services team at Salford City Council is to protect and promote a fair, safe and healthy environment for the benefit of the whole community, business and resident alike. The Council’s regulatory functions are extensive, dealing with matters such as abandoned vehicles, animal health and welfare, occupational health and safety, pollution control, drainage, public heath nuisances, food safety/hygiene and compositional standards, disease control, Licensing, consumer safety, fair trading and weights and measures. This page summarises the general principles which the Council will follow in relation to enforcement and prosecution. Proportionality The enforcement action taken by the council will be proportionate to the risks posed and the seriousness of the breach. As far as the law allows, we will take into account the circumstances of the case and the attitude of the individual when considering what action to take. Consistency We aim to carry out our duties in a fair, equitable and consistent manner. Officers will however need to exercise their professional judgement and discretion accordingly to the circumstances of each individual case. Arrangements are in place to promote consistency in the enforcement and interpretation of legislation through liaison with other local authorities. We have regard to statutory codes of practice and advice given by coordinating bodies and central Government. Transparency This means helping those who are regulated and others, to understand what is expected of them and what they should expect of us. It also means making clear why an officer intends to or has taken enforcement action and what rights of appeal are available. Targeting Targeting means making sure that regulatory effort is directed primarily towards those whose activities are likely to give rise to the most serious breaches of legislation. We have systems for prioritising regulatory effort and they include: Responding to complaints from the community about regulated activities The inspection of premises according to the risk posed The gathering and acting on intelligence about illegal activities Human Rights In carrying out its duties the council will respect the rights and freedoms guaranteed to individuals under the Human Rights Act 1998. Prosecution The council has regard to the Code for Crown Prosecutors in deciding whether to prosecute. A prosecution will only be brought if : There is enough evidence to provide a realistic prospect of a conviction against the individual concerned; and A prosecution would be in the public interest How to get the full Enforcement and Prosecution Policy Download the document from the Council web site or you may request a hard copy of the full policy by emailing licensing@salford.gov.uk Appendix O - Vehicle Specification – Private Hire All private hire vehicles must be in satisfactory mechanical order and body condition. The vehicle must conform to all current legislation and conditions. The vehicle must be a saloon, hatchback or estate vehicle, a minibus or a multi-passenger vehicle with eight or less passenger seats. It must be unaltered from the manufacturer’s specification. The proprietor shall ensure that ‘London Cab Type’ vehicles are not used as Private Hire Vehicles. Private hire minibus variants of the approved hackney carriage type vehicle will be licensed, however they must not be black. All vehicles which are currently licensed must meet or exceed:Euro 3 Emissions standards by 1st April 2010 Euro 4 Emissions standards by 1st April 2012 All new vehicle licence applications received after the coming into force of the policy will be required to meet or exceed Euro 4 emission standards. The vehicle must have an engine size of 1400 cc or more for a Private Hire Vehicle licence to be granted. The Vehicle must provide at least two doors with separate means of entrance and exit for use of persons conveyed in such Private Hire vehicle and a separate means of entrance and exit for the driver. A minimum of 4 doors, each adjacent to and allowing access to and from the seats. Minibuses and purpose built MPV’s (Multi Purpose Vehicles) are permitted. In the case of rear hatch style doors fitted to the above vehicles a clearly marked inner emergency door handle must be fitted together with a notice indicating its position. Minibuses must have all internal exit handles clearly marked. New vehicles must have M1 classification and comply in all respects to EC Whole Vehicle Type Approval (ECWVTA) or UK Low Volume Type Approval (UKLVTA) and be unaltered since the type approval. New models of passenger carrying vehicles are being introduced by Manufacturer’s on a regular basis, and it would be impossible to list all those which are suitable or not because of their varying specifications. In instances of uncertainty as to a vehicles’ suitability for use as Private Hire vehicle it is recommended that advice be obtained from the Licensing Section. Have windows and means of opening and closing with not less than one window on each side of the rear passenger seats and one window on the nearside of the front passenger seat. Have all seats properly cushioned and covered and have floors inside the vehicle that are provided with a proper carpet, mat or other suitable covering. Appropriate seat belts for both front and rear seats. The number of seat belts fitted shall correspond with the number of passengers the vehicle is licensed to carry. Have seats with a minimum width of 17 inches (432mm) per person Displaying a copy of the private hire fare table, used by their operator and that it is displayed in the vehicle at all times and easily seen by passengers. Display ‘NO SMOKING’ signs on all passenger door windows as prescribed by Part 3 of The Smoke-free (Premises and Enforcement) Regulations 2007. Wheelchairs a) Wheelchair access and egress must be made via the side doors. Rear door access vehicles are not permitted unless fitted with a vehicle mounted tail lift. All vehicles fitted with a tail lift must comply with the tail lift conditions c) All vehicles that are currently wheelchair accessible (post 1989) must be so constructed as to facilitate the carriage of people with disabilities. It must be capable of accommodating a wheelchair user in a wheelchair in the passenger compartment, provided that the wheelchair fits either facing forwards or rearwards as recommended by the Disabled Persons’ Transport Advisory Committee and the Medical Devices Agency. Under no circumstances must the wheelchair be placed sideways in the passenger compartment. d) Approved anchorages must be provided for the wheelchair and the wheelchair user. These anchorages must be either chassis or floor linked and capable of withstanding approved dynamic or static tests. Restraints for wheelchair and occupant must be independent of each other. Anchorage must also be provided for the safe stowage of a wheelchair when not in use, folded or otherwise, if carried within the passenger compartment. They must be designed so as not to cause injury to other passengers. e) A ramp or ramps for the loading of a wheelchair and occupant must be available at all times for existing wheelchair accessible vehicles. The entry must be via the nearside passenger door. An adequate locking device must be fitted to ensure that the ramps do not slip or tilt when in use. Provision must be made for the ramps to be stored safely when not in use. . f) An applicant for the grant or renewal of a wheelchair accessible vehicle licence should consider completion of the Passenger Assistant Training Scheme (PATS) or an equivalent certificate. Information in relation to the courses are available from the Licensing Authority. The proprietor should also consider that such vehicles where practicable will only be driven by persons holding a valid PATS (or equivalent) Certificate. Minibuses and Multi-passenger Vehicles All minibuses fitted with a tail lift must comply with the tail lift conditions. Tail Lifts a) If a tail lift is fitted a current ‘LOLER’ (Lifting Operations and Lifting Equipment Regulations 1998) Certificate must be produced, issued by an authorised tester. b) The tail lift must not prevent the rear door(s) from being opened and it must be easily moved if the vehicle power supply fails. Tinted Windows Vehicles fitted with Manufacturers tinted windows will only be accepted if the windscreen, front driver and passenger’s windows allow at least 75% of light to be transmitted through them. In the case of all windows behind the rear passenger windows the percentage allowed is 70% Visible Light Transmission. Any vehicles with windows darker than the above specification and which do not allow the occupants to be clearly visible from the exterior will not be licensed. After market non Manufacturer’s tinted window film will not be acceptable For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk Appendix P - Vehicle Specification – Hackney Carriage Every taxi cab submitted for approval as a Hackney Carriage must be designed and developed exclusively for use as a wheelchair accessible vehicle (therefore incorporating a built in ‘Taxi’ light as an integral part of the structure) have M1 classification and comply in all respects to EC Whole Vehicle Type Approval (ECWVTA) or UK Low Volume Type Approval (UKLVTA) and be unaltered since the type approval. If a vehicle has been registered with DVLA and issued with an appropriate registration index number, no change, structural alteration or rearrangement of detail shall be carried out to the vehicle unless such change shall have been subsequently granted M1 Whole Type Approval The exterior colour of all authorised Hackney carriages must be Black, unless the vehicle is a London type cab, in which case it may be any colour All vehicles which are currently licensed must meet or exceed:Euro 3 Emissions standards by 1st April 2010 Euro 4 Emissions standards by 1st April 2012 All new vehicle licence applications received after the coming into force of the policy will be required to meet or exceed Euro 4 emission standards. Wheelchairs a) Wheelchair access and egress must be made via the side doors. Rear door access vehicles are not permitted unless fitted with a vehicle mounted tail lift. All vehicles fitted with a tail lift must comply with the tail lift conditions g) All vehicles that are currently wheelchair accessible (post 1989) must be so constructed as to facilitate the carriage of people with disabilities. It must be capable of accommodating a wheelchair user in a wheelchair in the passenger compartment, provided that the wheelchair fits either facing forwards or rearwards as recommended by the Disabled Persons’ Transport Advisory Committee and the Medical Devices Agency. Under no circumstances must the wheelchair be placed sideways in the passenger compartment. h) Approved anchorages must be provided for the wheelchair and the wheelchair user. These anchorages must be either chassis or floor linked and capable of withstanding approved dynamic or static tests. Restraints for wheelchair and occupant must be independent of each other. Anchorage must also be provided for the safe stowage of a wheelchair when not in use, folded or otherwise, if carried within the passenger compartment. They must be designed so as not to cause injury to other passengers. i) A ramp or ramps for the loading of a wheelchair and occupant must be available at all times for existing wheelchair accessible vehicles. The entry must be via the nearside passenger door. An adequate locking device must be fitted to ensure that the ramps do not slip or tilt when in use. Provision must be made for the ramps to be stored safely when not in use. . j) An applicant for the grant or renewal of a wheelchair accessible vehicle licence should consider completion of the Passenger Assistant Training Scheme (PATS) or an equivalent certificate. Information in relation to the courses are available from the Licensing Authority. The proprietor should also consider that such vehicles where practicable will only be driven by persons holding a valid PATS (or equivalent) Certificate. Tail Lifts c) If a tail lift is fitted a current ‘LOLER’ (Lifting Operations and Lifting Equipment Regulations 1998) Certificate must be produced, issued by an authorised tester. d) The tail lift must not prevent the rear door(s) from being opened and it must be easily moved if the vehicle power supply fails. Tinted Windows Vehicles fitted with Manufacturers tinted windows will only be accepted if the windscreen, front driver and passenger’s windows allow at least 75% of light to be transmitted through them. In the case of all windows behind the rear passenger windows the percentage allowed is 70% Visible Light Transmission. Any vehicles with windows darker than the above specification and which do not allow the occupants to be clearly visible from the exterior will not be licensed. After market non Manufacturer’s tinted window film will not be acceptable For further information or advice contact; Salford City Council Environment Directorate The Licensing Section Turnpike House 631 Eccles New Road Salford M50 1SW Telephone 0161 920 8411 e-mail: licensing@salford.gov.uk Appendix Q - LEGISLATION Hackney Carriage and Private Hire Vehicles examination and testing requirements in addition to those forming part of the MOT/VOSA test No. Method of Inspection Information 1 Front & Rear lamp units Check for condition/security of lamp and for colour distortion of lens. Head Lamps Check the main beam ‘blue’ dashwarning light operates in conjunction with the main beam. Check for presence, condition, position, legality, security and operation of all nonobligatory lighting and gauges. Including wiring and switches. Select reverse gear with the ignition ‘on’ but without the engine running and check the operation of the reversing lamps. 2 Other lamps 3 All non-obligatory lighting if fitted must work Front driving/fog lamps With the headlamps in dipped mode and the ignition switched on check that the front lamps emit a white or yellow diffused light evenly and together and are set in a straight level position. Note: Front spot/driving lamps that are clearly not wired up and are covered do not form part of this test. Reason for Failure– In all cases imminent or potential failure of a component is reason for failure. Lens cracked, holed or split. Lamp lens discoloured or not a matching pair Repair tape is not an acceptable repair. ‘Blue’ dash warning light inoperative, faulty and/or not working in conjunction with main beam. Insecure fitting or Illegal positioning. Damage and/or No approval CE mark. Faulty or non operational Insecure switches or wiring ‘Tell Tale’ warning inoperative. Showing incorrect diffused light. Reverse warning lamp faulty, inoperative, damaged or insecure. Remains illuminated when not in reverse gear. Switch/dash illuminated warning fails to operate. Insecure fitting or Illegal positioning. Damage and/or No CE approval mark. Faulty or non operational Insecure switches or wring. 4 Steering Control Check steering column cowling covers for correct fitting and security. Insecure fitting, missing and/or damaged Incorrectly positioned. Protruding and/or sharp edges. Check for wear in steering column bottom bush and check positioning of security clip (Where appropriate) Security clip misplaced or missing Incorrect fitting Excessive wear in bottom column bush Steering wheel out-of-alignment. Steering wheel grip torn or cover insecure. Steering wheel not of standard size for make/model of vehicle. Steering column cowling/covers 5 Steering system Steering column lower bush 6 Transmission shafts Front drive shaft inner gaiters Rear drive shaft inner/outer gaiters Item Check condition of steering wheel and that the steering wheel sits in the straightahead position. Inspect front drive shaft inner gaiters for condition and security Inspect rear drive shaft inner/outer gaiters for condition and security (where applicable) Method of Inspection Information Prop shaft 7 8 Brake systems Check for wear in needle roller bearings/cups, alignment of yokes and condition & security of retainer/circlip. Check security of flange bolts and/or nuts. Check condition of centre bearing and sliding spine. Check the operation of the brake fluid level warning lamp or indicator (where fitted) Where possible visually check the brake fluid for contamination. Gaiter missing/damaged/split or insecurely fitted Drive shaft couplings excessively worn, insecure or damaged. Reason for Failure – In all cases imminent or potential failure of a component is reason for failure. Universal coupling yokes misaligned and/or incorrect propshaft fitted. Needle roller bearings rusted/worn/seized. Bearing cup retainer/circlip missing or insecure. Coupling flange bolts loose, missing, or anti-loose/locking washer missing. Sliding joint spline worn or damaged to extent where it is likely to cause vibration or failure. Centre bearing noisy and/or worn. Mounting bracket incorrectly fitted, cracked, incorrect type or bearing rubber mounting deteriorated or split. Fluid level warning lamp/float faulty or inoperative. Brake fluid contaminated. 9 Brake performance Rear brake balance 10 Wheels 11 Seatbelts All seatbelts Including rear facing seat fitted to Euro 7 taxi 12 Screen washers and Wipers With the rear wheels in the rollers, run both brake rollers to align the vehicle. Start both rollers and gradually depress the service brake and watch how the braking effort for each wheel increases and aim to stop just short of which wheel slip occurs. Note the out-of-balance in braking effort between the wheels. All wheel trims should be removed from the vehicle prior to its examination. Check condition of spare wheel (where accessible) Check condition, security, position and operation of rear facing seatbelts Check condition, security, operation and position of all fitted seatbelts. If the out-of-balance of the brakes on the rear wheels is greater than 40% at any time. Check condition, security and content of screen wash bottle(s) Check condition and operation of rear screen wash and wiper Bottle insecure Contents empty or dirty Rear wiper blade torn or damaged Faulty or non operational Check condition of fuel pipes. Check condition & operation of fuel gauge/wiring. Damaged or leaking fuel pipes. Fuel tank mounting brackets corroded or insecure. Tank unit wiring insecure, damaged or in poor condition. Fuel gauge faulty. Unapproved fuel cap fitted (must conform to manufactures specification). Wheel trims not removed. (Ref appointment letter) Does not meet legal requirement Insecure fitting Seatbelts missing / damaged or faulty in operation Seatbelt(s) not correctly mounted/fitted. Screen wash bottles Rear screen washer and wiper 13 Fuel systems Item Method of Inspection Information 14 Emergency fuel cut off devices Seating 15 Seating security and condition 16 Doors and Bonnet Locks, hinges, panelling, etc Check the operation of the fuel tap, electric or electronic fuel cut off devices (where fitted). Check that a suitable warning and operational instructions are clearly visible. Check all seats are properly cushioned and free from damage. Check that seating and arm rests meet manufactured specifications. Removed additional seating brackets & mountings do not protrude in such a manner that it may cause damage or injury. With the doors open (approx. 18 inches) check for excessive wear in hinges. Check that all passenger door locks and handles are easily operated from inside and outside the vehicle, as appropriate. Check door seals, handles, bonnet catches and support struts for security and condition. Check security and condition of bonnet sound proofing material. Reason for Failure – In all cases imminent or potential failure of a component is reason for failure. Fuel cut off device faulty and/or leaking. Instructions and warning label missing or defaced. Fuel cut off device insecure or not accessible. Seat cushion worn, damaged or insecure. Base and/or back rest cushion worn to the extent that the frame protrudes. Damaged/torn or sharp edges of seating or arm rests. Seat base and/or back rest insecure. Seats mechanisms faulty in operation. Seating dirty and/or stained. Brackets &/or mountings protruding dangerously Must not have the ability to fit more seats than licensed for Insufficient doors, door hinges worn in excess of manufactures recommended tolerance. Doors will not open easily, sticking doors. Doors will not lock internally or difficult to lock. Door check strap missing/broken or incorrectly fitted. Door seals missing/damaged/incorrectly fitted or not creating a proper seal. Door handles or Interior panelling insecure/sharp edges/damaged or incorrect type. Bonnet does not latch securely in the closed position or cannot be opened by single person operation. Bonnet support struts insecure/unsafe or missing. Bonnet soundproof material insecure or contaminated with fuel or oil (creating potential fire hazard!) Exterior/interior release lever missing or broken. Item Method of Inspection Reason for Failure – In all cases imminent or potential failure of a component is reason for failure.. Check the condition of all internal screens partitions, side, rear, roof and doors windows/glass for cracks, surface damage and discoloration. Check that all windows that are designed to open can do so. Check for security, wind and water tightness. From inside the vehicle, check that all windows and screens are free from any defect or other objects, which may excessively impair vision and conform to manufacturers specification. Check that occupants are clearly visible from exterior of vehicle. Stickers are not permitted on windows unless they have been approved by the Licensing Authority From inside the vehicle check that any passenger can communicate with the driver without restriction. Check that intercom system (where fitted) works correctly. From underneath the vehicle and from the engine compartment, inspect visually for any evidence of oil leaks from the engine, gearbox or differential. A crack, significant surface damage or discoloration in glass or other transparent material. Tinted windows – must allow at least 70% visible light transmission. (Tinted window film is not allowed) Window will not open/close or is difficult to open/close. Window will not open completely to manufactures specification. Interior of vehicle not wind and water tight. Stickers or objects attached to windows or screens, Any missing or broken glass/scored glass/cracked or holed glass, which may be likely to deteriorate quickly and cause a failure. Glass or approved material not transparent. Occupants not clearly visible from exterior of vehicle. Check all areas of the vehicle, in particular around the foot controls and dash panel area, for loose and/or defective wiring and equipment. Check for security of two-way radio and it wiring. Check security of battery and electrical components. Visually check condition of alternator drive pulley and belt. Any loose or damaged wiring. Any wiring, which may be so positioned or installed as to represent a safety risk. Any defective equipment installed by the manufacturer or other, which is designed to enhance the safety of the vehicle. Insecure battery/electrical components which may cause damage, shorting or major failure. Two-way radio insecure or in such a position as to hinder the operation of other controls. Alternator drive belt worn, split or incorrectly adjusted and/or fitted. Information 17 Glass and windows Condition of windows, glass or other transparent material. 18 Passenger communication 19 Oil leaks Engine, gearbox and final drive. 20 Electrical wiring & equipment Wiring, radios and batteries. Panelling between front and rear compartment giving no means of adequate access for audible communication. Panel not transparent. Intercom system not working/faulty/unclear in operation. Evidence of excessive oil on underside of vehicle or in the engine compartment such as to be likely to be a result of an oil leak or any minor oil leak, which may indicate imminent failure of a component. Oil leaks from engine with engine running. 21 Fire extinguishers Item Identify where the fire extinguisher is normally kept. Remove the fire extinguisher from its fixing and examine it for correct type and condition. Method of Inspection Information 22 Interior lights 23 Panel and Meter lights 24 Engine and gearbox mountings 25 Heater No fire extinguisher carried. Not secure in vehicle Seal broken / damaged or inspection certificate expired/missing Extinguisher damaged Type not as specified – refer to conditions of use. Reason for Failure – In all cases imminent or potential failure of a component is reason for failure.. Check operation of interior lights with door shut. Open each door individually and check the operation of the interior lights. Operate internal switches to check correct operation of interior light(s) Switch on vehicle lights and check that all panel lights and meter / taxi lamp operation. Interior light does not operate when any one door is opened (where fitted) Interior light does not operate when switched on. Interior light not giving off sufficient light so as to cause difficulty in vision to both rear and/or front seated passengers. Passenger light switches not clearly marked (Hackney Carriage) Lamp and/or switches damaged and/or faulty in operation. Panel and/or meter lights inoperative/faulty. Panel and/or meter light dim. Taxi illumination lamp inoperative and/or dim. From underneath the vehicle and from the engine compartment, inspect visually for any evidence of damage or deterioration of mountings. If mounting is suspect it may be necessary to use a lever to release its load. Examine heater for operation, security and condition. Check condition of heater hoses. Damaged or deteriorated mounting failed or likely to fail. Insecure, broken or missing engine stabiliser rods. Cross member split/cracked or likely to fail or deteriorate. Noisy operation. Leaking matrix or hoses. Insecure installation. Heater faulty or inoperative. Controls and/or switches faulty. 26 Examination of body Check front and rear bumpers for security, positioning and damage. Bumpers missing, insecure, incorrectly positioned, corroded or damaged Protruding and/or sharp edges Check for presence / security / condition and weather tightness of boot lid/tailgate support struts / mechanism and weather seal. Check that they support the boot lid / tailgate, safely in the open position and seal correctly in the closed position. Check condition and presence of weather seals. Check for presence, security and condition of parcel shelf/luggage cover Support struts / mechanism missing / insecure / leaking or damage Boot lid / tailgate is not self supporting in the fully open position Damage or missing boot door / tailgate weather seal Parcel shelf/luggage cover missing / insecure or damaged. Front and rear bumpers 27 Load security Luggage boot area Boot lid/tailgate Security of Parcel shelf/luggage cover Item 28 Method of Inspection Reason for Failure – In all cases imminent or potential failure of a component is reason for failure. Examine interior and exterior of body to identify corrosion, cracks or damage and condition of paintwork. Severe corrosion causing weakening or disfigurement of structure and/or panels. Cracked panels/sections. Damaged which is a potential hazard to the public. Paintwork not a uniform colour match. Paintwork blistered or eroded. Poor quality repair and/or repair not uniform. Examine body floor pan to identify corrosion, cracks or damage. Severe corrosion causing weakening of floor pan. Cracks or damage to floor pan causing weakening or potential danger to passengers. Repair(s) of poor quality Examine all interior panels for security and condition. Examine sun visors for condition and security. Insecure panels or sun visors. Damaged panels or sun visors. Sun visors will not remain in closed position. Headlining insecure, dirty, stained or poorly repaired. Information Condition of body and paintwork. (see detailed bodywork/paintwor k requirements appended.) 29 Body floor Interior panels. 30 Security and condition of panels. Security and condition of sun visors. 31 Cleanliness of vehicle. 32 33 Any raised item or hole on floor which could be a potential trip hazard Examine vehicle for interior and exterior cleanliness, including seating, carpets and/or matting and luggage area. Examine the underside of the vehicle and engine compartment for cleanliness. Worn carpets/matting, which could be a potential hazard to passengers. Dirty or wet seating/interior trim/carpets/matting/loose objects accumulated on seat/floor/rear parcel shelf/scuttle panel/in luggage boot. External body of vehicle excessively dirty. Foul odour in vehicle. Engine and/or underside of vehicle in a dirty condition. Vehicle type Examine vehicle to determine suitability for Hackney carriage or Private hire use. Vehicle cannot be clearly identified as a Hackney carriage, as opposed to a Private hire vehicle. Vehicle not of suitable type, size, design for use as a Private hire vehicle. Speedo operation Whilst driving vehicle ensure Speedo and milometer are operational. Speedo not working or erratic in operation. Milometer not working. Method of Inspection Item Information 34 Engine performance 35 Transmission performance Check engine for general condition, suitability and noises, which may indicate a premature failure of a component. Check that engine is suitable for an exhaust emission test. Check for security and condition of all covers, couplings, brackets and auxiliary equipment. Check that the cooling fan switches on automatically (where applicable) & that the fan blades do not foul the cowling. Whilst driving the vehicle, check operation of clutch and transmission system. Reason for Failure – In all cases imminent or potential failure of a component is reason for failure.. Engine excessively noisy. Engine running rough/misfiring. Engine size too small. (Min. 1350cc) Air intake assembly insecure/damaged or air filter missing. Radiator cooling fan faulty or inoperative. Cooling fan(s) in contact with cowling or is insecure. Coolant leak from radiator, hoses, water pump, etc. Water pump drive pulley loose or drive belt slack, worn or split. Covers, couplings, brackets or auxiliary equipment damaged, insecure or missing. Noisy transmission Excess wear in gear selection lever/linkage. Slipping clutch Incorrect clutch pedal adjustment Clutch anti-slip rubber missing 36 Automatic transmission Check the operation of Automatic gearbox prohibitor switches to ensure that the vehicle will not start in-gear. Vehicle is able to be started in gear. Gear selector/linkage worn or faulty. Gear selector knob missing or damaged. If in the opinion of the Council’s nominated tester or authorised examiner, there is a defect or fault present on the vehicle which is not specifically mentioned within this manual or ‘The MOT inspection manual’ which is considered detrimental to the fitness of the vehicle, then that defect will constitute a failure. These standards maybe applied between tests for breach of conditions or suspension notices: General The authority has a duty to ensure that all Hackney Carriages and Private Hire Vehicles, which are licensed by it for the use of fare paying passengers to be well maintained and are in a presentable condition with no significant external damage or corrosion. Paintwork and Uniform colour The authority recognises that vehicle paintwork can deteriorate with time and the paintwork is easily damaged yet costly and difficult to repair. The conditions relating to the standard of the paint finish reflect this. Paintwork should be uniform in colour over the whole of the vehicle and where repairs have been carried out best practice bodyshop techniques should be followed to ensure that the best colour match possible is obtained using recognised automotive re-finishing products. Poor workmanship Repairs should be carried out to high standards. Defects, which result from poor preparation or poor application of the paint finish, are likely to result in the vehicle not reaching the required standard. Such defects include runs, ‘orange peel’, ‘fish eyes’, dust in the paint, sander marks, poor paint coverage, over spray etc, are not exceptable. ‘Cosmetic’ damage The authority recognises that vehicles suffer minor ‘cosmetic’ damage during day-to-day use and that this type of damage can be the most difficult and the most costly to repair. The conditions reflect that this type of defect is inevitable on Hackney Carriages and Private Hire Vehicles. Permitted areas of ‘cosmetic’ damage as detailed below subject to there being no more than three such defects on any panel and no more than ten such defects on the vehicle. Compliance with the requirements can be achieved by repairing only some of the defects where this is to the advantage of the proprietor. Scratches Single scratches or groups of scratches, which fit completely inside the test template, will not cause the vehicle to fail the test unless the paint film has been broken and rusting is evident. (A scratch is where the paint film is damaged, but there is no deformation of the bodywork). Small dents Small dents, which fit completely inside the test template, will not cause the vehicle to fail the test unless the paint film has been broken and rusting is evident. (A dent is where the bodywork has been deformed as a result of an impact or other contact and may or may not include damage to the paint film). Rust Spots A single rust spot or a group of rust spots which fit completely inside the template will not cause the vehicle to fail the test 77 unless the metal is corroded and unable to withstand ‘thumb’ pressure without crumbling or permanent distortion. Perforation of the panel due to corrosion from the underside of the panel will result in failure of the test. (A rust spot is a defect caused by oxidation of the metal due to a failure of the paint film to protect it but without obvious damage). Flaking Areas of flaking paint or lacquer, which fit inside the test template, will not cause the vehicle to fail the test. (Flaking is where an area of the paint or lacquer film looses its adhesion to the substrate due to poor preparation, contamination, water ingress etc). Stone Chips Stone chips will not cause the vehicle to fail the test unless the paint film has been broken and rusting is evident. (A stone chip is a defect to the paint film caused by the impact of small stones ‘thrown up’ by other traffic etc). A ‘panel’ is the roof, front wing, rear wing, front door (including ‘A’ pillar), rear door (including ‘B’ pillar), bonnet (including the area below the windscreen), boot or tailgate, sill, front panel (including bumper), rear panel (including bumper). Replacement Panels Vehicles, which have been damaged and had replacement panels fitted, are acceptable as Hackney Carriages and Private Hire Vehicles provided that the repairs have been carried out to a acceptable standard. a. Fitting - Replacement panels should be fitted as per the vehicle manufacturers specification using approved fittings. b. Alignment - Replacement panels should be correctly aligned. They should be level with all adjacent panels and the gap between panels should be uniform and similar to those between original panels. Trim Vehicle trim serves a number of purposes and can make a significant contribution to the overall appearance of the vehicle. Bearing this in mind, the Council accepts that some items of trim are delicate and damage easily, whilst others are designed to prevent panel damage and may themselves become damaged whilst performing that function. a. Fixing - All trim should be present, correctly aligned and fixed in accordance with the manufacturers Specification. b. Damage - ‘Scuffing’ etc of ‘protective’ trim will not cause the vehicle to fail the test. Minor damage of ‘cosmetic’ trim will not cause the vehicle to fail the test. Major accident damage 78 Vehicles, which have been involved in serious accidents, may be used as Hackney Carriages or Private Hire Vehicles provided that they have been professionally repaired. Any vehicle that is involved in a major accident must be reported to the ‘Licensing Section’ within the prescribed time as laid down in the conditions of use. All vehicles that have been involved in an accident must be inspected by a nominated tester at Turnpike House, Workshop prior to being used as a Private Hire or Hackney Carriage. Assessment Where a vehicle tester detects evidence that a vehicle has been involved in an accident, which may have caused damage to the structural integrity of the vehicle or may have caused safety critical components to become miss-aligned, the proprietor must prove to the satisfaction of the Authorised Examiner that the repairs were effected to an acceptable standard or the vehicle must be submitted, at the proprietors expense, for specialist examination at an approved centre before a licence will be granted or renewed. 79 Hackney Carriage & Private Hire Bodywork Damage Template SCRATCHES ONLY DENTS RUST SPOTS FLAKING PAINT 40mm circle (nominal) OR 50mm x 30mm ellipse (nominal) Damage must fit completely within the lines of the appropriate template in order to be acceptable. The template can be aligned to be most advantageous to the Proprietor. 200mm x 50mm 80