How decisions are made and who represents you
Decision Maker: Head of Community Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
A recent request
has been received from the Crawley Hackney Carriage Association to
extend the life of vehicles for a further 12 months due to the
COVID-19 Pandemic. The reasons cited for this request are that
licensed vehicles have not been used to the same intensity during
the Pandemic due to a reduction in available work for the Taxi
Trade. Furthermore, as a direct result of the reduction in work and
income as a result of the Pandemic, vehicle proprietors have been
unable to raise the funds anticipated to pay for a suitable
replacement vehicle
Where an urgent decision needs to be taken and it cannot wait until
the next relevant Licensing Committee meeting, a decision can be
taken under General Committee Procedure Rule 18 which states
General Committee Procedure Rule 18
18. URGENT ACTION
18.1. If urgent action is required in respect of any Committee
function before a decision
can be taken by the appropriate Committee or Sub-Committee, a
written report will
be prepared for consideration by the Chief Executive who may after
consultation and
agreement in writing from the Chair or Vice Chair of the
appropriate Committee or
Sub-Committee to which the matter is delegated, take a decision and
any necessary
action as appropriate in relation to that matter.
18.2. Should the Chair or Vice Chair of the appropriate Committee
or Sub-Committee not
be available for consultation, the Mayor shall be consulted in
their absence.
18.3. Every such decision shall be reported to the next available
meeting of the appropriate
Committee or Sub-Committee.
The Chief Executive has delegated her function under General
Committee Procedure Rule 18.1 to Kate Wilson, Head of Community
Services.
Context – Licensed Vehicles Process
The primary purpose of the licensing regime is public safety, and
this is the over ridding consideration in all parts of the
licensing process. It is a requirement that any licensed vehicle up
to 4 years of age has an annual Certificate of Compliance Test via
one of the Councils Nominated Garages. This is similar to an MOT,
but is more thorough, testing mechanical fitness and compliance
with the Councils licence conditions and Bylaws. After 4 years of
age, a Certificate of Compliance is required every 6 months and/or
when a new vehicle is brought into the Trade.
Currently, the Policy is such that vehicles must cease operating as
a licensed vehicle once it reaches 11 years old. Generally, the
Taxi Licensing Team notify vehicle proprietors one years notice and
reminders that the vehicle is coming to the 11 year old age limit.
Frequently, at this age, vehicles have very high mileage with
significant wear and tear.
On occasion, the Taxi Licensing Team receives requests to extend
the life of the vehicle for a range of reasons including:
-Vehicle has low mileage
-Vehicle is in excellent condition
-Individual has been unable to source an alternative vehicle
Each case is considered on its merits and vehicles are assessed on
a case by case basis. Prior to the COVID-19 Pandemic, Licensing
Officers would inspect vehicles, and in some instances, require
that a Certificate of Compliance be undertaken and issued by one of
the Councils Nominated Garages to confirm mechanical fitness and
compliance with licence conditions and/or bylaws. In the case of
the above, vehicles are currently only permitted to remain for a
further 3 months beyond the 11 year age limit.
Both Private Hire and Hackney Carriage drivers and vehicles have
not been precluded from carrying out work during the COVID-19
Pandemic, despite the various lockdowns. Due to the COVID-19
Pandemic, despite being permitted to work, several drivers chose to
SORN vehicles, keep them off road and therefore unused.
Additionally, the availability of work has diminished as a result
of the various lockdowns, resulting in less work and revenue for
some drivers.
The request to extend the term of use in respect of a licenced
vehicle for 12 months is a significant operational change. However,
it does impact a relatively small number, in summary:
•9 vehicles between January 2021 and end of June 2021
•11 vehicles between July2021 and December 2021
Several vehicles have already been afforded a 3 month extension by
the Team Leader, Health, Safety and Licensing which has allowed
then to remain in the Trade beyond the 11 years. These vehicles
have also had to undergo a further Certificate of Compliance Test
via a Council Nominated Garage.
An extension of vehicles over 11 years old needs to be carefully
managed, and is noted as exceptional due to the COVID-19 Pandemic.
Any such extension will need to be subject to the following:
1. 12 month extension to run 01/02/21 – 31/01/22 only.
2. Those vehicles already afforded a 3 month extension (or other
period) shall be awarded a further 9 months
only, to ensure equality and fairness and allowing a 12 month
extension in total.
3. The above is applicable only for those vehicles identified, for
the term identified and is not transferrable to
another vehicle.
4.A Certificate of Compliance is required at the application for an
extension, and every 6 months thereafter.
5.An extension will be refused and the vehicle removed as a
licensed vehicle if it is found that it does not meet
the standards required by the Certificate of Compliance, and/or
where the nominated Garage identifies a matter
that impacts upon the vehicles safety or where it is no longer
considered roadworthy.
6. A Nominated Licensing Officer of the Council may also form the
view that to extend the term that a vehicle is
licensed is unsuitable or inappropriate,. This will be reviewed by
the Team Leader for Health, Safety and
Licensing, who will give written reasons where an extension is
refused.
The temporary change to the Councils Hackney
Carriage and Private Hire Policy to allow for a 12 month extension
to the maximum licence age of a licensed vehicle, subject to points
1 - 6 above and will be published on the Councils Website.
This will be formally reported to the Full Licensing Committee on
2nd March 2021 for endorsement.
Councillor Jones (Licensing Chair) Councillor Jhans (Portfolio
Holder) and Cllr Brenda Burgess (Licensing Vice Chair) and
Councillor Jaggard have all indicated their agreement to this
proposal.
An extension of vehicles over 11 years old
needs to be carefully managed, and is noted as exceptional due to
the COVID-19 Pandemic. Any such extension will be subject to the
following:
1.12 month extension to run 01/02/21 – 31/01/22 only.
2.Those vehicles already afforded a 3 month extension (or other
period) shall be awarded a further 9 months
only, to ensure equality and fairness and allowing a 12 month
extension in total.
3.The above is applicable only for those vehicles identified, for
the term identified and is not transferrable to
another vehicle.
4.A Certificate of Compliance is required at the application for an
extension, and every 6 months thereafter.
5.An extension will be refused and the vehicle removed as a
licensed vehicle if it is found that it does not meet the
standards required by the Certificate of Compliance, and/or where
the nominated Garage identifies a matter that
impacts upon the vehicles safety or where it is no longer
considered roadworthy.
6.A Nominated Licensing Officer of the Council may also form the
view that to extend the term that a vehicle is
licensed is unsuitable or inappropriate,. This will be reviewed by
the Team Leader for Health, Safety and
Licensing, who will give written reasons where an extension is
refused.
Publication date: 09/02/2021
Date of decision: 10/02/2021