Agenda item

Decision Taken Under Urgency: Licensed Hackney Carriage and Private Hire Vehicles - Extend 11 Year Age Limit Due to COVID-19

A request was recently 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 were that licensed vehicles had 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 had been unable to raise the funds anticipated to pay for a suitable replacement vehicle.

 

The decision was deemed ‘urgent’ as it could not wait until the next relevant Licensing Committee meeting, and it was therefore taken under, and in accordance with, General Committee Procedure Rule 18 (Urgent Action).  The Chief Executive, who has authority under this provision to take urgent decisions, authorised the Head of Community Services to take the decision on her behalf.

 

Currently, the Council’s Policy is such that a vehicle must cease operating as a licensed vehicle once it reaches 11 years old.  Generally, the Taxi Licensing Team provide vehicle proprietors with one year’s notice and reminders that their vehicle is coming to the 11 year old age limit.  On occasion, the Taxi Licensing Team will receive requests to extend the life of the vehicle where, for example, the vehicle has low mileage, is in excellent condition, or where an individual has been unable to source an alternative vehicle.  On those such occasions 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.

 

Further background information and context in relation to this decision can be found on the Council’s website.

 

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 July 2021 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 09/02/21 – 08/02/22 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 Head of Community Services therefore took an urgent decision on 9 February 2021 to extend 11 year age limit of licensed vehicles due to COVID-19 with any extension being subject to conditions 1-6 above.