Appendix 1 – Proposed Hackney Carriage and Private Hire Licensing Policy 2023

4. North Yorkshire Council adopted the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 by a resolution on *insert date*.

5. The Regulators’ Code[1] has been considered in order to promote proportionate, consistent and targeted regulatory activity through the development of transparent and effective dialogue and understanding between the licensing authority and the trade.

6. The council aims to reduce regulatory burdens and supporting compliant business growth by ensuring that each requirement is properly justified by the risk it seeks to address, balancing the cost of the requirement against the benefit to the public.

7. In formulating this policy, the licensing authority has considered the advice contained in the Statutory Taxi & Private Hire Vehicle Standards[2] and the Taxi and Private Hire Vehicle Licensing Best Practice Guidance[3].

Objectives

8. The licensing authority’s objectives are:

· to encourage the provision of high quality and accessible hackney carriage and private hire services;

· to ensure the safety and comfort of users of hackney carriage and private hire services;

· to ensure the safety and wellbeing of the public affected by the operation of hackney carriage and private hire services; and

· to facilitate access to an efficient and effective public transport service.

Consultation and partnership working

9. In preparing this policy, the Council has consulted with the following stakeholders:

· Licence holders

· North Yorkshire Police

· Equality groups

· Disability groups

· Highways Authority

· Passenger Transport

· Safeguarding Children’s Board

· Other Council departments

· Service users

10. To promote the policy objectives the licensing authority will work in partnership with the stakeholders detailed above, along with other agencies such as:

· Driver and Vehicle Standards Agency (DVSA)

· HM Revenue and Customs

· Department of Works and Pensions

· Home Office Immigration Services

Applying the policy

11. This document sets out the policy that the licensing authority will apply when making decisions about applications and licences.

12. Any guidance contained within this policy is to be treated as a guide only and final interpretation of the law will ultimately rest with the courts.

13. Any obligation in this policy not to do any act or thing shall be deemed to include an obligation not to cause or permit that act or thing to be done.

14. Any reference to any statute or subordinate legislation shall be deemed to include a reference to any amendment or re-enactment.

15. The policy will be applied in the majority of cases when considering licence applications, but the licensing authority will consider each application on its individual merits and may, at times, allow exceptions to the general policy.

16. It will be necessary to consider, in relation to any particular application, whether the specific circumstances justify allowing an exception.

17. It will be up to the applicant to show that an exception should be made to the policy[4] and, if the objectives can still be met, the licensing authority may exercise its discretion to depart from the general policy. Where exceptions are made, reasons will be given.

Policy review

18. The implications and effectiveness of this policy will be regularly monitored.

19. This policy will be reviewed where appropriate (and, in any case at least once every five years) to assess whether any amendments are required taking into account changing circumstances affecting the area, or any relevant changes in national policy.

20. Minor and inconsequential amendments may be made to the policy from time-to-time by a senior officer to reflect legislative changes or to correct any inaccuracies. In all other cases, the licensing authority will consult with stakeholders, interested parties and neighbouring authorities prior to implementation to ensure that the policy continues to meet its objectives.

Personal data

21. The council will hold personal data (about applicants, licensees, complainants etc) in connection with its licensing function.

22. The council will comply with its obligations under data protection legislation.

23. The council’s aim is to minimise the unnecessary disclosure of personal data.

24. Personal data will only be obtained, kept or used as authorised by statute.

25. Personal data may be shared where it is necessary for compliance with a legal obligation.

26. Personal data is information that relates to an identified or identifiable individual. It includes information relating to persons who can be identified indirectly from that information in combination with other information. For example, the Information Commissioner considers that vehicle registration marks are personal data (especially when combined with other information).

Equality and diversity

27. An equality impact assessment has been conducted to assess the potential impact of this policy on any individuals with protected characteristics. Appropriate measures have been implemented in the relevant parts of this policy to ensure that all individuals are represented and have their interests protected.

28. The council’s policies and procedures will be applied fairly to all irrespective of age, disability, gender reassignment, sex, race, religion or belief, sexual orientation, marriage and civil partnership and pregnancy and maternity. This will apply to applicants, licence holders, customers and complainants.

29. The licensing authority will take a very serious view of any complaints of discrimination by licensees based on these factors or of any similar incidents involving licensees and other licensees.

Safeguarding

30. The council has a duty of care to children and vulnerable persons who use licensed vehicles within North Yorkshire.

31. The council recognises that all children and vulnerable persons have a right to be safe and protected from abuse and harm.

32. The licensing authority will take all reasonable steps to ensure that the drivers and operators of taxis and private hire vehicles pose no threat to children or vulnerable persons.

33. The licensing authority has the power to refuse, revoke or suspend licences after convictions for various offences or any other reasonable cause. A suspension or revocation can be given immediate effect where it is in the interests of public safety.

34. Any allegations made against licence holders suspected of inflicting harm on children or vulnerable adults will be reported to the Designated Safeguarding Officer or a Deputy Officer who will ensure that appropriate action is taken in line with the council’s Safeguarding Policy both in regard to the subject of the alleged abuse and the perpetrator. A decision will also be made in relation to any necessary action to be taken against the licence, which could include suspension or revocation.

35. Any decision to refuse or revoke a licence on the basis that the individual is thought to have harmed or presented a risk of harm to a child or vulnerable adult will be referred to the DBS under the Safeguarding Vulnerable Groups Act 2006. Any such referral may result in the individual being added to a barred list and enable other licensing authorities to consider this should further applications be made.

Air quality

36. Air Quality Management Areas (AQMAs) are currently in place in Selby and Harrogate, following elevated levels of pollutants measured within the AQMA areas.

37. Vehicles including hackney carriage and private hire vehicles are identified as a contributor to the poor air quality within the town centres, but the Council also recognises the importance of their availability to provide transport for North Yorkshire residents.

38. Emission standards for hackney carriage and private hire vehicles will be subject to review, taking into consideration up-to- date emission monitoring results to determine whether sufficient progress is being made towards achieving the health-based air quality objectives and improving the health and wellbeing of local residents

39. Frequent maintenance of vehicles is also recommended, and emissions may also be further reduced by switching off engines whilst stationary or idling, particularly at ranks and standing in traffic.

40. The AQMAs in North Yorkshire currently are:

· Selby: along a short stretch of New Street, near Selby Abbey and The Crescent

· Harrogate: Wetherby Road, Harrogate York Place, Knaresborough.

41. The Council will look further at the impact of taxi emissions via the introduction of low- emission and hybrid vehicle use and the possibility to provide grant incentives and schemes to promote the uptake of low-emission, hybrid and electric vehicles in the fleet. In addition, these types of vehicles tend to carry much cheaper road tax, fuel and insurance costs.

42. This policy is part of the Council’s responsibility to review and assess air quality and meeting national air quality objectives to benefit people’s health and create a more pleasant environment for residents and visitors of North Yorkshire.

Hackney carriages

43. A hackney carriage is a public transport vehicle which is licensed to ply for hire. It is unlawful for a vehicle to be used for the carriage of passengers for immediate hire until such time as a hackney carriage licence is issued in respect of the vehicle[5].

44. The maximum number of passengers that can be carried in a vehicle for it to be capable of being licensed as a hackney carriage is eight[6].

45. A vehicle licensed as a hackney carriage continues to be a hackney carriage at all times and anyone driving the vehicle needs a hackney carriage driver licence[7]. The only exception to this general rule is for a person driving a hackney carriage in connection with any test of the mechanical condition of the vehicle or its meter[8].

46. All hackney carriages must be intended for use predominantly, or entirely, within North Yorkshire[9].

Hackney carriage vehicle specification

47. The licensing authority will only generally issue a licence in respect of a hackney carriage vehicle if:

· It is fit for its purpose, safe and comfortable for its users and any members of the public;

· It has not been subject to a Category A, B or S insurance write-off;

· It is less than 5 years old in the case of a new application and less than 10 years old in the case of a renewal application (the age of the vehicle shall be taken from the date of first registration shown on the vehicle registration document, V5C);

· It has

- a front nearside door for the use of persons conveyed in the vehicle;

- a rear nearside door for the use of persons conveyed in the vehicle;

- a rear offside door for the use of persons conveyed in the vehicle; and

- a separate means of ingress and egress for the driver.

· The front windscreen allows at least 75% of light through and the front side windows allow at least 70% of light through[10];

· It has nearside and offside exterior rear-view mirrors;

· A spare wheel conforming to legal requirements has been provided and properly fitted in the vehicle along with a jack and wheelbrace, unless a manufacturer’s alternative is provided;

· It is equipped with a minimum of four road wheels fitted with manufacturers’ recommended size tyres;

· It has a clean and smart appearance, both externally and internally;

· It is right hand drive;

· It has a permanent roof which is watertight – standard sunroof allowed (i.e. sunroof fitted when new by manufacturer);

· It has seating arrangements in accordance with the current Construction and Use Regulations[11] and the manufacturer’s specification (unless the modification has been approved via the voluntary Individual Vehicle Approval (IVA) scheme);

· It has rear seat belts (irrespective of age);

· It has a separate locking luggage area or in the case of an estate vehicle, a permanent grille, luggage bar(s) or manufacturer’s recommended device fitted sufficiently to prevent luggage carried in the rear compartment from coming into contact with persons using the rear seat;

· It has means for carrying a reference wheelchair[12] and luggage sufficient for the number of passengers for which the vehicle is licensed to carry (if seats are located within the luggage space, the vehicle may be licensed to carry a lower number of passengers in order to comply with the luggage space requirement); and

· There are sufficient means by which a passenger can communicate with the driver.

48. Notwithstanding the above criteria, any vehicle licensed by either Craven District Council, Hambleton District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council, Scarborough Borough Council or Selby District Council prior to 1^st April 2023 may remain licensed on renewal until such time as it would have been permitted by the terms of the relevant policy in effect on 31^st March 2023.

Hackney carriage vehicle proprietorship

49. A person applying for a hackney carriage vehicle licence must be the proprietor of the vehicle to which the application relates. If the applicant is not the sole proprietor, he/she must name all joint proprietors including anyone involved in the day-to-day usage of the vehicle.

50. Unless the applicant’s name is the only name on the Vehicle Registration Document, the application should include on the application form the details any person (or company) involved in the keeping, employing or letting for hire the vehicle.

Process for new hackney carriage vehicle licence applications

51. Applications will not be processed by the licensing authority unless it is in receipt of:

· a fully completed application form;

· the appropriate fee; and

· the vehicle registration document (V5C) in the name of the proprietor/part-proprietor or formal confirmation from the DVLA that the vehicle has been registered in the applicant’s name. If neither is available, verifiable proof of ownership may be accepted (i.e. a bill of sale from a reputable firm).

52. All applicants will be required to sign a declaration as part of their application, stating that the vehicle will be used predominantly within North Yorkshire.

53. Licences will not be granted unless, in addition to the above, the licensing authority is in receipt of:

· a current vehicle insurance certificate or cover note which includes the carriage of passengers for public hire;

· confirmation that the vehicle has an MOT test Certificate (required for all vehicles aged over one year as from the date of first registration as shown on the vehicle registration document);

· proof that the licensing authority’s testing arrangements have been satisfied;

· a certificate confirming that the meter has been calibrated by an authorised agent to the table of fares;

· an appropriate engineer’s report (only for vehicles subject to a Category C, D or N insurance write-off) verifying the standard of repairs;

· a satisfactory basic criminal record check from www.gov.uk/request-copy-criminal-record in respect of all proprietors (or in the case of a company or partnership, in respect of all directors or partners); and

· a certificate of good conduct (only if the applicant has lived overseas for a period of six months or more in the 10-year period leading up to the date of application).

54. No criminal record check or certificate of good conduct will be required for any applicant who has already been deemed suitable, evidenced by his or her possession of a hackney carriage/private hire driver or private hire operator licence issued by North Yorkshire Council.

55. If the application meets all criteria laid down in the policy, a licence will normally be granted.

56. The licence and plates will be issued directly to the applicant unless the applicant has provided authorisation in writing for an alternative representative to take possession on their behalf.

57. If the authorised officer has any concerns about an application for the grant of a hackney carriage vehicle licence, it will be referred to the *insert Committee name* for a decision.

58. An appeal against a refusal to grant a hackney carriage licence lies to the Crown Court[13].

59. Any appeal must be made within 21 days following notice of a decision.

Process for hackney carriage vehicle licence renewal applications

60. Applications for renewal should be made no more than six weeks and no less than two weeks before the expiry date of the current licence to allow reasonable time for the application to be processed.

61. Any application for the renewal of a licence will not be accepted after the date of expiry. In these cases, the vehicle will cease to be a licensed vehicle until such time as a new application for this vehicle is received and subsequently granted.

62. An application will not be processed by the licensing authority unless it is in receipt of:

· a fully completed application form; and

· the appropriate fee.

63. Licences will not be renewed unless, in addition to the above, the licensing authority is in receipt of:

· a current vehicle insurance certificate or cover note which includes the carriage of passengers for public hire;

· confirmation that the vehicle has an MOT test Certificate (required for all vehicles aged over one year as from the date of first registration as shown on the vehicle registration document);

· proof that the licensing authority’s testing arrangements have been satisfied;

· a certificate of good conduct (only if the applicant has lived overseas for a period of six months or more in the 10-year period leading up to the date of application).

64. No criminal record check or certificate of good conduct will be required for any applicant who has already been deemed suitable, evidenced by his or her possession of a hackney carriage/private hire driver or private hire operator licence issued by North Yorkshire Council.

65. If the authorised officer has any concerns about an application to renew a licence, it will be referred to the *insert Committee name* for a decision.

66. An appeal against a refusal to renew a hackney carriage vehicle licence lies to the Magistrates’ Court[14]. Any appeal must be made within 21 days following notice of a decision.

Transfer of hackney carriage vehicle licence

67. If a proprietor transfers his/her interest in a vehicle to somebody else he/she must give notice of the transfer in writing to the licensing authority within 14 days, giving the name and address of the person to whom the interest in the vehicle has been transferred[15].

68. The new owner must then make an application to transfer the licence into his/her name.

69. The application must be accompanied by:

· a current vehicle insurance certificate or cover note which includes the carriage of passengers for public hire;

· a certificate of good conduct (only if the applicant has lived overseas for a period of six months or more in the 10-year period leading up to the date of application); and

· the vehicle registration document (V5C) in the name of the proprietor/part-proprietor or formal confirmation from the DVLA that the vehicle has been registered in the applicant’s name.

70. No criminal record check or certificate of good conduct will be required for any applicant who has already been deemed suitable, evidenced by his or her possession of a hackney carriage/private hire driver or private hire operator licence issued by North Yorkshire Council.

Hackney carriage vehicle plates, signs and side panels

71. At all times whilst licensed, a hackney carriage vehicle shall display:

· an external plate provided by the licensing authority securely and permanently affixed to the rear of the vehicle;

· an external plate provided by the licensing authority securely and permanently affixed to the front of the vehicle;

· a self-adhesive side panel provided by the licensing authority permanently affixed centrally and squarely on each of the front doors of the vehicle;

· an internal plate provided by the licensing authority displayed on the passenger side of the dashboard facing into the vehicle;

· a sign, capable of being illuminated, bearing the word “TAXI” facing towards the front of the vehicle mounted on the roof of the vehicle. The only other text on the sign shall be the firm’s name and/or telephone number; and

· at least two adhesive signs advising passengers how to complain to the licensing authority about any licensed driver, vehicle or operator in a position that can be easily read by passengers from the front and rear of the vehicle.

72. The licensing authority must be informed in writing should any of the above plates, signs or panels become lost, stolen, damaged or defaced. The damaged or defaced plate, sign or panel must be returned immediately to the licensing authority along with a report of the damage and a request for a replacement.

73. No vehicle shall be used for public hire purposes without the required plates, signs and panels.

74. The plates and panels are the property of the council and shall be returned to the licensing authority forthwith upon the suspension, surrender, revocation or expiry of the licence. It is an offence to fail to comply with a request to return the rear licence plate[16].

75. No additional signs, notices, advertisements, plates, marks, letters, figures, symbols, emblems or devices shall be displayed on, in or from the vehicle except:

· the registration plate;

· any sign required by statute or subordinate legislation;

· any sign indicating membership of a national motoring organisation;

· any sign requesting passengers not to smoke; and

· any sign specifically approved by an authorised officer.

76. The proprietor of a licensed hackney carriage vehicle may apply to display any additional signage on the vehicle by submitting a written request to the licensing authority along with a full-colour copy of the proposed signage or advertisement.

77. Each request will be considered on its individual merits, but advertisements will not be approved if they:

· contain political, ethnic, religious, sexual or controversial texts;

· display nude or semi-nude figures;

· advertise tobacco products;

· are likely to offend public taste;

· depict or refer to indecency or obscenity;

· use obscene or distasteful language;

· depict men, women or children as sex objects;

· depict direct and immediate violence to anyone shown in the advertisement or advertise any racist group or organisation which intends to promote the group/organisation and/or any of its activities;

· are proposed to be displayed on any of the windows of the vehicle.

78. Irrespective of any consent which may have been given by the licensing authority, it remains the responsibility of the proprietor to comply with The British Code of Advertising Practice issued by the Advertising Standards Authority.

Hackney carriage vehicle testing arrangements

79. Subject to acceptance of a completed application, the vehicle, in respect of which an application has been made, will be required to meet approved standards of roadworthiness.

80. Before a licence is issued, the vehicle must be presented to one of North Yorkshire Council’s appointed garages for inspection.

81. All vehicles must be maintained to no less than the standards set out in the VOSA publication ‘MOT Inspection Manual – Private Passenger and Light Commercial Vehicle Testing’, ISBN 978-0-9549352-5-2. In addition, the test will be failed if any of the following apply:

· Lights inoperable, damaged, mis-aligned or of insufficient intensity

· Spare wheel, jack and wheelbrace (or manufacturers’ alternative) not provided and secured

· Insufficient, damaged or worn seatbelts

· Loose, damaged, missing or defective mirrors

· Leaks, excessive wear, damaged or insecure pipes

· Excessive smoke emission

· Excessive corrosion/damage, unsightly appearance, poor repair/paint match staining, sharp edges

· Visible rusting

· Significant dents or scratches

· No separation of luggage space from passenger seating area

· Meter not linked to roof sign

· Meter not sealed

· Damaged/illegible/insecure plate

· Insecure roof sign, inconsistent/insufficient illumination or excessive damage to wiring

· Defective locks, windows, door lights or damaged/missing door seals

· Excessive dirt, stains, holes or tears

· Any other reasonable cause

82. In the case of wheelchair accessible vehicles, the test will also be failed if any of the following apply:

· Wheelchair restraints/seatbelts missing

· Anchorage insecure

· Webbing frayed

· Locking ineffective

· Inappropriate/insufficient ramps

· Non-slip provision worn

· Risk of obstruction or trip hazard

· Wiring defects

· Insufficient safety barriers

· Safe working load not displayed

83. No licence application will be granted unless the vehicle has passed the test to the satisfaction of the appointed garage.

84. 6-monthly tests are required in the case of any vehicle that is over the age of five years at the time the licence is granted (or renewed).

85. An authorised officer may also require any vehicle to be presented for inspection at any time. It is an offence to fail to attend for inspection as requested[17]. If the authorised officer is not satisfied as to the mechanical fitness of the vehicle, the licence may be suspended or revoked.

86. Failure to attend an inspection may lead to suspension or revocation of the licence.

Hackney carriage vehicle insurance

87. All proprietors are required to ensure that a valid insurance policy which includes the carriage of passengers or goods for public hire or reward is kept in force in respect of any hackney carriage vehicle and in relation to its use by any drivers employed by the proprietor.

88. On being required by an authorised officer of the council or a police officer, the original certificate of insurance shall be made available for examination, provided that, if the driver fails to provide such certificate on request, he/she shall within seven days of such request produce it to the licensing authority at the offices of the council[18].

Hackney carriage proprietor criminal record checks

89. Although vehicle proprietors may not have direct contact with passengers, they are still entrusted to ensure that they take appropriate steps to ensure that vehicles and drivers are safe and suitable. All proprietors are therefore required to produce an annual basic disclosure from the DBS in order for the licensing authority to satisfy itself that proprietors pose no threat to the public and have no links to serious criminal activity.

90. In the case of a company or partnership, a basic disclosure must be provided by all directors or partners.

91. Basic DBS disclosures will not be required for any proprietors who are already regarded as a fit and proper person, evidenced by their possession of a hackney carriage/private hire driver licence or a private hire operator licence issued by North Yorkshire Council.

92. If an applicant (including any director or partner of a company or partnership) has lived overseas for a period of six months or more in the 10-year period leading up to the date of application, they must produce a further criminal record check or ‘certificate of good conduct’. Applications need to be made in the relevant country or to the relevant embassy in the UK. Information on the application process is available here: www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants

93. North Yorkshire Council complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of a conviction or any other information revealed.

94. The licensing authority is committed to the fair treatment of all users and potential users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

95. The Applicant Suitability and Criminal Convictions section of this policy makes provision for dealing with applications from ex-offenders. The licensing authority actively promotes equality of opportunity for all and welcomes applications from all, including those with criminal records.

96. A criminal record does not mean that an applicant will automatically be refused a licence. Each application is considered on its individual merits. The council’s overriding consideration is always the protection of the public. A statutory declaration is requested as part of the application process. If the licensing authority decides to refuse an application, written reasons for this decision will be provided. Any applicant who is aggrieved at such a decision has the right of appeal to the Magistrates’ Court.

97. All criminal record documentation is kept in accordance with the DBS requirements relating to secure storage. If a disclosure indicates no criminal record this will be recorded on an applicant’s file and the disclosure documentation will be destroyed. Disclosures with entries will be retained in secure storage until the application has been determined and any subsequent appeal is disposed of.

Hackney carriage vehicle damage

98. Any vehicle damage materially affecting the safety, performance or appearance of the vehicle shall be reported in writing to the licensing authority by the proprietor as soon as practicable and in any event within 72 hours of its occurrence[19].

99. If any damage is considered by the authorised officer to be extensive enough to affect the safety or general appearance of the vehicle, a notice of suspension will be issued.

100. Vehicles subject to a Category A, B or S insurance write-off will not be licensed as hackney carriages.

101. Vehicles subject to a Category C, D or N insurance write-off may be licensed as hackney carriages provided the applicant or proprietor has provided an appropriate engineer’s report (approved by an authorised officer of the council) verifying the standard of repairs.

Dual hackney carriage plating

102. No hackney carriage vehicle will be granted a licence if it is licensed in another district due to the problems of meeting the variance in conditions applied in different districts and the enforcement of those conditions in cases of non-compliance (i.e. signs, meters, suspensions or revocations).

Mechanical breakdown of hackney carriage vehicle

103. If, during a hiring, any vehicle becomes unfit to complete a journey:

· the driver shall be entitled to demand the fare for the distance already travelled;

· the driver shall secure alternative transport without delay to complete the journey if the hirer so wishes;

· if the original vehicle is repaired and completes the hiring, the driver shall be entitled to the full fare with the exception of any time that the hirer waited for the repair to be executed; and

· any such incident must be reported to the licensing authority within one working day.

Complaints to hackney carriage proprietors

104. The proprietor of any hackney carriage who receives a complaint concerning the driver’s conduct or about the vehicle’s fitness, appearance, safety or fare levied shall inform the licensing authority, in writing, within 48 hours of the receipt of such a complaint.

Hackney carriage proprietor convictions and other sanctions

105. The proprietor of a licensed hackney carriage vehicle must at the earliest opportunity, and in any case, within 48 hours, disclose to the licensing authority in writing the details of any arrest, criminal charge or conviction imposed upon him or her (or in the case of a company or partnership, on any of the directors or partners). The same applies to any simple cautions, fixed penalties, DVLA licence endorsements and community resolutions.

106. Any failure to comply may raise doubts as to the proprietor’s suitability to hold a licence, in which case, the matter may be referred to the *insert Committee name* for consideration.

Hackney carriage vehicle first aid equipment

107. There shall be provided and maintained in the vehicle at all times when it is in use or available for hire a suitable first aid kit containing appropriate first aid dressings and appliances for use in an emergency.

CCTV in hackney carriage vehicles

108. No CCTV system shall be installed in a hackney carriage vehicle unless it has previously been authorised in writing by the licensing authority. If authorisation is obtained, the proprietor will be required to ensure compliance with all licence conditions relating to CCTV to ensure that the CCTV system is appropriately installed and maintained so as not to interfere with the safety and comfort of passengers, as well as ensuring the integrity of any images captured.

109. No authorisation is required for the installation of external-facing cameras used for the purposes of recording accidents or incidents outside the vehicle (e.g. dashcams) provided the system does not record audio or images of any interior parts of the vehicle in which passengers may be seated.

110. This policy details the minimum standards that will normally be expected to be met.

111. Each case will be determined on its own merits and exceptions may be made at the discretion of an authorised officer if the circumstances justify making such an exception.

112. The licensing authority has specified minimum criteria that it would expect a CCTV system to satisfy in order for the system to be installed in licensed vehicles.

113. The proprietor must meet the current Information Commissioner data protection requirements.

114. The CCTV system shall:

· be capable of date and time system identification stamping;

· be capable of recording and storing images for a minimum period of 14 days;

· be capable of capturing images that, in low light conditions, are of sufficient quality to enable identification of any person travelling in the vehicle and of such quality that they can be used for prosecution purposes;

· provide that cameras are capable of being fitted in locations that do not affect the safety of any person travelling in the vehicle, and located as securely and discreetly as possible to avoid passengers travelling in the vehicle from tampering with them;

· provide that, where the system uses a DVD recorder, the system is protected from shock; and

· be marked with the EMC (Electro Magnetic Certification), which signifies that it meets the European Industry Standard.

115. Any audio recording should be both overt (i.e. all parties should be aware when recordings are being made) and targeted (i.e. only when passengers (or drivers) consider it necessary).

116. Audio recording must not be continuously active by default and should recognise the need for privacy of passengers’ private conversations between themselves. Activation of any audio recording capability of a system might be instigated when either the passenger or driver operates a switch or button.

117. The licence holder must provide evidence that the CCTV system complies with the licensing authority’s minimum recommended specification.

118. The licence holder shall ensure that notification is lodged with the Information Commissioner’s Office to cover the purposes for which the CCTV system is used.

119. Notices informing passengers of the CCTV must be displayed inside the vehicle where they can be easily viewed by passengers.

120. The licence holder shall take reasonable steps to ensure that there is no unauthorised access to data recorded by the CCTV.

121. Notwithstanding the above criteria, any CCTV system installed in a vehicle licensed by either Craven District Council, Hambleton District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council, Scarborough Borough Council or Selby District Council prior to 1^st April 2023 may remain in use until 31^st March 2025 provided it would have been permitted by the terms of the relevant policy in effect on 31^st March 2023.

Trailers on hackney carriage vehicles

122. No licensed vehicle may tow any trailer unless permission has been granted by the licensing authority and a further licence plate has subsequently been issued.

123. No such permission will be given unless evidence of valid insurance to cover such use for hire has been produced.

124. The vehicle licence plate giving the licence number must be clearly displayed on the rear of any trailer used, this sign being in addition to that on the rear of the vehicle.

125. The contents of any such trailer must be secured and covered in a proper manner.

126. Trailers must not be used on hackney carriage vehicles when plying for hire on a hackney carriage stand (rank).

127. The use of any trailer used must comply with regulations in all respects.

Smoking in hackney carriage vehicles

128. All hackney carriage vehicles are required to be smoke-free at all times and ‘No smoking’ signage must be displayed in the vehicle[20]. Failure to comply with this may lead to a fixed penalty notice being issued or a criminal prosecution.

Hackney carriage proprietor change of address

129. All hackney carriage proprietors are required to notify the licensing authority in writing of any change of his/her address during the period of the licence within seven days of such change taking place[21].

Hackney carriage proprietor change of directors or partners

130. Where a hackney carriage vehicle licence is held by a company or partnership, any changes to the directors or partners must be notified to the licensing authority as soon as practicable and, in any case, within seven days of any such change.

Hackney carriage stands (ranks)

131. It is an offence to leave a hackney carriage vehicle unattended on a taxi rank[22]. Hackney carriages can only wait on a rank whilst standing for hire.

132. The following hackney carriage stands have been appointed for public hire purposes in accordance with section 63 of the Local Government (Miscellaneous Provisions) Act 1976:

*to be confirmed*

133. The number of vehicles standing at any rank must not exceed the number for which the rank is appointed at any time.

134. It is not acceptable to make bookings to pick up from the rank. Ranks are to be used exclusively to stand for public hire – not to pick up bookings and not to park whilst looking for customers. If any member of the public approaches a vehicle on the rank, they are entitled to expect to be offered a public hire service.

Hackney carriage meters

135. The licensing authority requires all hackney carriages to be fitted with a calendar-controlled taxi meter. The meter must be maintained in good working order at all times and must be sealed and calibrated to the correct tariff by an authorised agent.

136. All meters must meet any statutory requirements and the accuracy of any meter must be maintained.

137. Roof signs should be wired through the meter ensuring that when the meter is activated, the illuminated roof sign is extinguished when the fare commences.

138. The meter must be engaged for every journey from the point at which the hirer commences his/her journey. The meter must be engaged whether the vehicle has been pre-booked or not.

Hackney carriage fares

139. The hackney carriage table of fares is set by the licensing authority and is a maximum fare that can be charged by hackney carriage drivers.

140. It is an offence to charge in excess of the council’s table of fares for any journey within North Yorkshire[23]. If the hiring takes the journey outside the boundary of North Yorkshire, the driver cannot charge any more than this table of fares allows unless a fare has been agreed with the hirer before the commencement of the journey[24].

141. The table of fares shows the maximum charge and drivers are permitted to negotiate a fare provided they do not charge any more than the table of fares allows[25].

Calculation of hackney carriage licence fees

142. The costs associated with vehicle inspections, administration, the provision of hackney carriage stands and the table of fares will be recovered via the licence fees for hackney carriage licences[26].

143. The cost of the service is determined by several factors including staffing (salaries, National Insurance, pensions etc), accommodation, utilities, IT support, legal costs, software, insurance, printing, postage etc.

144. The licence fee for each type of application is then dependent on several other factors including, where relevant, the time spent on complaints, committees, inspections, advertising, administration, consultations etc.

145. Some costs are associated with specific types of applications and these must be recovered accordingly. For instance, the costs of the hackney carriage stands and the table of fares must be recovered only from hackney carriage vehicle licence fees whereas other costs (such as policy and service development) will apply to all licence fees.

146. The licence fee is refundable upon request in the event of an unsuccessful application. However, the licensing authority will not reimburse the applicant for any payments made in relation to mechanical tests, insurance etc.

Hackney carriage vehicle accessibility

147. The licensing authority maintains a list of designated wheelchair accessible hackney carriage and private hire vehicles[27]. For these purposes, wheelchair accessible means that it would be possible for the user of a “reference wheelchair[28]” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair.

148. The drivers of any designated vehicles must:

· carry the passenger while in the wheelchair if requested to do so and provide reasonable assistance to enable the passenger to get into or out of the vehicle;

· carry the wheelchair if the passenger chooses to sit in a passenger seat and provide reasonable assistance to load the wheelchair into or out of the vehicle;

· provide reasonable assistance to load the passenger’s luggage into or out of the vehicle;

· take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; and

· not make any additional charge[29].

149. Prior to publishing a list of designated wheelchair accessible vehicles, the licensing authority will confirm the designation in writing to each proprietor of any such vehicle.

150. The proprietor of a designated wheelchair accessible vehicle may appeal against the decision of the licensing authority to include their vehicles on the designated list[30]. The appeal should be made to the Magistrates’ Court and must be made within 28 days of the vehicle in question being included on the authority’s published list.

151. Any wheelchair accessible hackney carriage vehicle must have European Community Whole Vehicle Type Approval (ECWVTA). This will be shown on either the vehicle’s V5 registration document, additional chassis number on the vehicle or by a ‘Certificate of Conformity’ (COC), which shows that the vehicles have been produced to a very high and vigorous standard. The COC should show the number of passengers the vehicle is able to carry with the wheelchair conversion.

152. 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 within the passenger compartment.

153. A ramp or ramps for the loading of a wheelchair and occupant must be available at all times for wheelchair accessible vehicles.

154. 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.

155. If the vehicle has a purpose designed wheelchair lift, then a ‘LOLER’ certificate must be produced with the initial application, and this must be renewed annually. The onus will be on the vehicle proprietor to ensure this is kept up to date and the certificate can be requested at any time by an authorised officer.

156. Hackney carriages are an essential mode of transport for disabled and elderly persons. The combination of the personal service they offer, their wide availability and their door-to-door operations enable them to respond particularly well to the travel needs of people with mobility difficulties.

157. The licensing authority is committed to ensuring a wide variety of opportunities is available to those with mobility difficulties. For this reason, the licensing authority considers it important that people with impairments have access to all forms of public transportation.

158. The licensing authority intends to encourage proprietors to invest in wheelchair accessible vehicles, thus improving the accessibility of vehicles to disabled customers. For this reason, the age limits outlined in paragraph *47 (subject to change)* do not apply to designated wheelchair accessible hackney carriage vehicles. Furthermore, North Yorkshire Council will continue to review its options in terms of encouraging more proprietors to obtain licences in respect of wheelchair accessible vehicles.

Horse-drawn carriages

159. Proprietors of horse-drawn carriages will be subject to any hackney carriage vehicle licence conditions excluding those specifically relating to vehicle design.

160. A Veterinary Certificate signed by a veterinary surgeon stating that each horse is fit to carry out the work required of it shall be submitted to the licensing authority as part of the application process.

161. A competent person nominated by the council (and representing the British Driving Society, the British Horse Society, the Heavy Horse Society or other body able to assess the competence of drivers) shall assess and provide a report stating that the driver is competent to drive the carriage as part of the application process.

162. The location of the stables in which the horses are normally housed shall be notified to the licensing authority as part of the application process. Access to the stables shall be granted to authorised officers and their advisers at any time.

163. Should the council receive a report from the RSPCA, a veterinary surgeon or other qualified person that the conditions under which the horses are being kept are not in the interests of the health of the animal and its capacity to pull a carriage, the licence shall be suspended by officers until satisfied that the horses are being kept in a satisfactory manner. The stables must also satisfy the fire safety requirements for stables by Fire & Rescue Service. In the event that the stables do not satisfy these requirements, the licence will be suspended until adequate fire precautions have been made.

164. The proprietor/driver shall be limited to routes specified in writing by the licensing authority following appropriate consultation.

Hackney carriage vehicle licence conditions

165. The licensing authority may attach to the grant of a hackney carriage vehicle licence any such conditions as they may consider reasonably necessary[31].

166. Unless there are exceptional circumstances that require a different approach, the following conditions will generally be imposed on all hackney carriage vehicle licences:

1) The proprietor must ensure that the vehicle complies in all respects with the requirements of any Act and Regulation in relation to the use of motor vehicle and any Code of Practice or policy implemented by the council.

2) The proprietor must ensure that the vehicle is subject to a daily visual safety check of all lights, oil, water, tyres, mirrors and seat belts. A written record of each safety check must be made including the details of any faults and remedial action taken. The record must be signed and kept for a minimum period of six months to be produced to an authorised officer on request.

3) The licence plates, side panels and roof sign shall be properly fixed in the positions required by the licensing authority at all times in accordance with the reasonable instructions of the authorised officer of the council. Any defects must be reported to the licensing authority for repair immediately.

4) The holder of this licence shall cause to be affixed and maintained in a conspicuous position, in accordance with the directions of the licensing authority, any sign or notice as required from time to time by the licensing authority.

5) All wheelchair accessible vehicles shall display the recognised disability symbol.

6) The holder of this licence shall ensure that the driver understands how to operate the vehicle and any equipment, including, where applicable, any equipment fitted to make the vehicle accessible by disabled persons.

7) The vehicle, including all fittings and specialist equipment, must be well maintained and kept in good working order.

8) The interior and exterior of the vehicle shall be kept in a clean and tidy condition and all body work shall be sound and reasonably well maintained, free from dents and other distortions/damage. Any repairs and cosmetic improvements shall be of a reasonable quality and a good paint match achieved. Doors, door locks, boot/tail gate and locks, bonnet, hinges and catches, windows, sunroofs and hoods shall operate correctly and all upholstery shall be reasonably well maintained and free from unsightly repairs, stains and burns.

9) Where the vehicle is converted to be propelled by Liquid Petroleum Gas the holder of the licence shall produce to the licensing authority a certificate showing that the vehicle has been examined by a person approved by the Liquid Petroleum Gas Association and that the installation is safe, well maintained and in good working order.

10) The holder of this licence shall provide sufficient means by which any person in the vehicle may communicate with the driver during the course of the hiring.

11) The holder of this licence shall cause the interior of the vehicle to be kept wind and watertight.

12) The holder of this licence shall provide any necessary windows and means of opening and closing with not less than one window on each side of the passenger compartment.

13) The holder of this licence shall ensure that glass in all windows shall be kept clean and clear of obstruction to ensure that there is a clear view, both into and out of the vehicle.

14) The holder of this licence shall cause the seats in the passenger compartment to be properly cushioned and covered.

15) The holder of this licence shall ensure that all seating is fitted and maintained in accordance with the vehicle manufacturer’s specification and any Construction and Use Regulations applicable to the type of vehicle and seats shall not face sideways to the direction of travel unless approved in writing by the licensing authority.

16) The holder of this licence shall cause the floor in the passenger compartment to be provided with proper carpet, mat or other suitable covering.

17) The holder of this licence shall ensure that provision is made for carrying luggage sufficient for the number of persons for which the vehicle is licensed and provision is made to protect the luggage from inclement weather.

18) The holder of this licence shall not allow the specification of the vehicle to be varied without the written consent of the licensing authority.

19) No signs, notices, advertisements, marks or other devices whatsoever shall be displayed on, in or from the vehicle except as may be required by statutory provisions or authorised by the licensing authority.

20) The holder of this licence shall, at the earliest opportunity, and in any case within 48 hours, disclose to the licensing authority in writing the details of any arrest, criminal charge, conviction, caution, fixed penalty notice, DVLA licence endorsement or community resolution imposed upon him or her (or, in the case of a company or partnership, on any of the directors or partners).

21) Where this licence is held by a company or partnership, any changes to the directors or partners must be notified to the licensing authority as soon as practicable and, in any case, within seven days of any such change.

22) The holder of this licence shall only permit the vehicle to be driven by a driver who understands how to operate the vehicle and any equipment fitted to make the vehicle accessible by disabled persons.

23) Seat belts shall be properly and securely fitted for each passenger authorised to be carried in the vehicle and shall be maintained in a safe condition.

24) The proprietor shall ensure the vehicle is fitted with a suitable, calendar-controlled taximeter, locked and sealed by the manufacturer/supplier so that tariff rates change automatically and cannot be changed or tampered with manually by the driver.

25) The taximeter shall be calibrated to a level no greater than the current maximum tariff agreed by the licensing authority and sealed to prevent unauthorised adjustment. A calibration certificate signed by the meter installer shall be provided to the licensing authority to verify the tariff at which the meter has been set.

26) The proprietor shall ensure that a copy of the current maximum fare table supplied by the licensing authority is on display inside the hackney carriage at all times and that the table is clearly visible to passengers when the vehicle is for hire. In cases where the meter has been calibrated to a tariff lower than the Council’s maximum rates, this table of fares must also be on display and clearly visible to passengers.

27) Taximeters shall be positioned so that passengers in the vehicle can easily read the display.

28) The proprietor shall cause the taximeter to be maintained in a sound mechanical condition at all times.

29) Except as provided for in this condition, no cameras or CCTV systems shall be installed in the vehicle unless it has previously been authorised in writing by the licensing authority. No authorisation is required for the installation of external-facing cameras used for the purposes of recording accidents or incidents outside the vehicle (e.g. dashcams) provided the system does not record audio or images of any interior parts of the vehicle in which passengers may be seated.

30) An advisory notice relating to the use of CCTV, approved by the licensing authority, shall be displayed inside the vehicle on each of the rear side passenger windows. The notice shall be positioned in a prominent (though not obstructive) position where they can be easily read by persons both inside and outside of the vehicle. The proprietor shall ensure that all notices are maintained in a clean and legible condition.

31) The proprietor shall ensure that the CCTV system is maintained and fully operative in accordance with the manufacturer’s instructions.

32) Upon request for image retrieval by an officer of the licensing authority or a police officer the proprietor shall ensure that the CCTV system is made available to the officer as soon as reasonably practicable, and in any event within seven days of the request.

33) The proprietor of the vehicle shall take all reasonable steps to ensure that any driver of the vehicle is made aware of every condition in relation to any installed CCTV system and has been given adequate instruction regarding the need for the system to be made available as soon as reasonably practicable, and in any event within seven days of any authorised request for any image retrieval.

34) The proprietor shall ensure that notification is lodged with the Information Commissioner to cover the purposes for which the CCTV system is used.

167. An appeal against conditions attached to a hackney carriage vehicle licence lies to the Magistrates’ Court[32].

168. Any appeal must be made within 21 days following notice of a decision.

Private hire vehicles

169. Private hire vehicles are licensed to perform pre-booked work only, which is obtained through a private hire operator. Private hire vehicles cannot “ply for hire” or wait on a hackney carriage stand.

170. A vehicle licensed as a private hire vehicle continues to be a private hire vehicle at all times and anyone driving the vehicle needs a private hire driver licence[33].

Private hire vehicle specification

171. The licensing authority will only generally issue a licence in respect of a private hire vehicle if:

· It is fit for its purpose, safe and comfortable for its users and any members of the public;

· It has not been subject to a Category A, B or S insurance write-off;

· It has

- a front nearside door for the use of persons conveyed in the vehicle;

- a rear nearside door for the use of persons conveyed in the vehicle;

- a rear offside door for the use of persons conveyed in the vehicle; and

- a separate means of ingress and egress for the driver.

· The front windscreen allows at least 75% of light through and the front side windows allow at least 70% of light through[34];

· It has nearside and offside exterior rear-view mirrors;

· A spare wheel conforming to legal requirements has been provided and properly fitted in the vehicle along with a jack and wheelbrace, unless a manufacturer’s alternative is provided;

· It is equipped with a minimum of four road wheels fitted with manufacturers’ recommended size tyres;

· It has a clean and smart appearance, both externally and internally;

· It is right hand drive;

· It has a permanent roof which is watertight – standard sunroof allowed (i.e. sunroof fitted when new by manufacturer);

· It has seating arrangements in accordance with the current Construction and Use Regulations[35] and the manufacturer’s specification (unless the modification has been approved via the voluntary Individual Vehicle Approval (IVA) scheme);

· It has rear seat belts (irrespective of age);

· It has means for carrying a reference wheelchair[36] and luggage sufficient for the number of passengers for which the vehicle is licensed to carry (if seats are located within the luggage space, the vehicle may be licensed to carry a lower number of passengers in order to comply with the luggage space requirement); and

· There are sufficient means by which a passenger can communicate with the driver.

172. Notwithstanding the above criteria, any vehicle licensed by either Craven District Council, Hambleton District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council, Scarborough Borough Council or Selby District Council prior to 1^st April 2023 may remain licensed on renewal until such time as it would have been permitted by the terms of the relevant policy in effect on 31^st March 2023.

Private hire vehicle proprietorship

173. A person applying for a private hire vehicle licence must be the proprietor of the vehicle to which the application relates. If the applicant is not the sole proprietor, he/she must name all joint proprietors including anyone involved in the day-to-day usage of the vehicle.

174. Unless the applicant’s name is the only name on the Vehicle Registration Document, the application should include on the application form the details any person (or company) involved in the keeping, employing or letting for hire the vehicle.

Process for new private hire vehicle licence applications

175. Applications will not be processed by the licensing authority unless it is in receipt of:

· a fully completed application form;

· the appropriate fee; and

176. Licences will not be granted unless, in addition to the above, the licensing authority is in receipt of:

· a current vehicle insurance certificate or cover note which includes the carriage of passengers for private hire;

· confirmation that the vehicle has an MOT test Certificate (required for all vehicles aged over one year as from the date of first registration as shown on the vehicle registration document);

· proof that the licensing authority’s testing arrangements have been satisfied;

· an appropriate engineer’s report (only for vehicles subject to a Category C, D or N insurance write-off) verifying the standard of repairs;

· a certificate of good conduct (only if the applicant has lived overseas for a period of six months or more in the 10-year period leading up to the date of application).

177. No criminal record check or certificate of good conduct will be required for any applicant who has already been deemed suitable, evidenced by his or her possession of a hackney carriage/private hire driver or private hire operator licence issued by North Yorkshire Council.

178. If the application meets all criteria laid down in the policy, a licence will normally be granted.

179. The licence and plates will be issued directly to the applicant unless the applicant has provided authorisation in writing for an alternative representative to take possession on their behalf.

180. If the authorised officer has any concerns about an application for the grant of a private hire vehicle licence, it will be referred to the *insert Committee name* for a decision.

181. An appeal against a refusal to grant a private hire vehicle licence lies to the Magistrates’ Court[37].

182. Any appeal must be made within 21 days following notice of a decision.

Process for private hire vehicle licence renewal applications

183. Applications for renewal should be made no more than six weeks and no less than two weeks before the expiry date of the current licence to allow reasonable time for the application to be processed.

184. Any application for the renewal of a licence will not be accepted after the date of expiry. In these cases, the vehicle will cease to be a licensed vehicle until such time as a new application for this vehicle is received and subsequently granted.

185. An application will not be processed by the licensing authority unless it is in receipt of:

· a fully completed application form; and

· the appropriate fee.

186. Licences will not be renewed unless, in addition to the above, the licensing authority is in receipt of:

· a current vehicle insurance certificate or cover note which includes the carriage of passengers for private hire;

· confirmation that the vehicle has an MOT test Certificate (required for all vehicles aged over one year as from the date of first registration as shown on the vehicle registration document);

· proof that the licensing authority’s testing arrangements have been satisfied;

· a certificate of good conduct (only if the applicant has lived overseas for a period of six months or more in the 10-year period leading up to the date of application).

187. No criminal record check or certificate of good conduct will be required for any applicant who has already been deemed suitable, evidenced by his or her possession of a hackney carriage/private hire driver or private hire operator licence issued by North Yorkshire Council.

188. If the authorised officer has any concerns about an application to renew a licence, it will be referred to the *insert Committee name* for a decision.

189. An appeal against a refusal to renew a private hire vehicle licence lies to the Magistrates’ Court[38]. Any appeal must be made within 21 days following notice of a decision.

Transfer of private hire vehicle licence

190. If a proprietor transfers his/her interest in a vehicle to somebody else he/she must give notice of the transfer in writing to the licensing authority within 14 days, giving the name and address of the person to whom the interest in the vehicle has been transferred[39].

191. The new owner must then make an application to transfer the licence into his/her name.

192. The application must be accompanied by:

· a current vehicle insurance certificate or cover note which includes the carriage of passengers for private hire;

· a certificate of good conduct (only if the applicant has lived overseas for a period of six months or more in the 10-year period leading up to the date of application); and

· the vehicle registration document (V5C) in the name of the proprietor/part-proprietor or formal confirmation from the DVLA that the vehicle has been registered in the applicant’s name.

193. No criminal record check or certificate of good conduct will be required for any applicant who has already been deemed suitable, evidenced by his or her possession of a hackney carriage/private hire driver or private hire operator licence issued by North Yorkshire Council.

Private hire vehicle plates, signs and side panels

194. At all times whilst licensed, a private hire vehicle shall display:

· an external plate provided by the licensing authority securely and permanently affixed to the rear of the vehicle;

· an external plate provided by the licensing authority securely and permanently affixed to the front of the vehicle;

· a self-adhesive side panel provided by the licensing authority permanently affixed centrally and squarely on each of the front doors of the vehicle;

· an internal plate provided by the licensing authority displayed on the passenger side of the dashboard facing into the vehicle; and

195. The licensing authority must be informed in writing should any of the above plates, signs or panels become lost, stolen, damaged or defaced. The damaged or defaced plate, sign or panel must be returned immediately to the licensing authority along with a report of the damage and a request for a replacement.

196. No vehicle shall be used for private hire purposes without the required plates, signs and panels.

197. The plates and panels are the property of the council and shall be returned to the licensing authority forthwith upon the suspension, surrender, revocation or expiry of the licence. It is an offence to fail to comply with a request to return the rear licence plate[40].

198. No additional signs, notices, advertisements, plates, marks, letters, figures, symbols, emblems or devices shall be displayed on, in or from the vehicle except:

· the registration plate;

· any sign required by statute or subordinate legislation;

· any sign indicating membership of a national motoring organisation;

· any sign requesting passengers not to smoke; and

· any sign specifically approved by an authorised officer.

199. At no time will the word "taxi" or "cab" or "for hire" or any word or words of similar meaning or appearances, whether alone or as part of another word be displayed on or in the vehicle.

200. The proprietor of a licensed private hire vehicle may apply to display any additional signage on the vehicle by submitting a written request to the licensing authority along with a full-colour copy of the proposed signage or advertisement.

201. Each request will be considered on its individual merits, but advertisements will not be approved if they:

· contain political, ethnic, religious, sexual or controversial texts;

· display nude or semi-nude figures;

· advertise tobacco products;

· are likely to offend public taste;

· depict or refer to indecency or obscenity;

· use obscene or distasteful language;

· depict men, women or children as sex objects;

· are proposed to be displayed on any of the windows of the vehicle.

202. Irrespective of any consent which may have been given by the licensing authority, it remains the responsibility of the proprietor to comply with The British Code of Advertising Practice issued by the Advertising Standards Authority.

Private hire vehicle testing arrangements

203. Subject to acceptance of a completed application, the vehicle, in respect of which an application has been made, will be required to meet approved standards of roadworthiness.

204. Before a licence is issued, the vehicle must be presented to one of North Yorkshire Council’s appointed garages for inspection.

205. All vehicles must be maintained to no less than the standards set out in the VOSA publication ‘MOT Inspection Manual – Private Passenger and Light Commercial Vehicle Testing’, ISBN 978-0-9549352-5-2. In addition, the test will be failed if any of the following apply:

· Lights inoperable damaged, mis-aligned or of insufficient intensity

· Spare wheel, jack and wheelbrace (or manufacturers’ alternative) not provided and secured

· Insufficient, damaged or worn seatbelts

· Loose, damaged, missing or defective mirrors

· Leaks, excessive wear, damaged or insecure pipes

· Excessive smoke emission

· Excessive corrosion/damage, unsightly appearance, poor repair/paint match staining, sharp edges

· Visible rusting

· Significant dents or scratches

· No separation of luggage space from passenger seating area

· Meter not sealed (where applicable)

· Damaged/illegible/insecure plate

· Defective locks, windows, door lights or damaged/missing door seals

· Excessive dirt, stains, holes or tears

· Any other reasonable cause

206. In the case of wheelchair accessible vehicles, the test will also be failed if any of the following apply:

· Wheelchair restraints/seatbelts missing

· Anchorage insecure

· Webbing frayed

· Locking ineffective

· Inappropriate/insufficient ramps

· Non-slip provision worn,

· Risk of obstruction or trip hazard

· Wiring defects

· Insufficient safety barriers

· Safe working load not displayed.

207. No licence application will be granted unless the vehicle has passed the test to the satisfaction of the appointed garage.

208. 6-monthly tests are required in the case of any vehicle that is over the age of five years at the time the licence is granted (or renewed).

209. An authorised officer may also require any vehicle to be presented for inspection at any time. It is an offence to fail to attend for inspection as requested[41]. If the authorised officer is not satisfied as to the mechanical fitness of the vehicle, the licence may be suspended or revoked.

210. Failure to attend an inspection may lead to suspension or revocation of the licence.

Private hire vehicle insurance

211. All proprietors are required to ensure that a valid insurance policy which includes the carriage of passengers or goods for private hire or reward is kept in force in respect of any private hire vehicle and in relation to its use by any drivers employed by the proprietor.

212. On being required by an authorised officer of the council or a police officer, the original certificate of insurance shall be made available for examination, provided that, if the driver fails to provide such certificate on request, he/she shall within seven days of such request produce it to the licensing authority at the offices of the council[42].

Private hire vehicle proprietor criminal record checks

213. Although vehicle proprietors may not have direct contact with passengers, they are still entrusted to ensure that they take appropriate steps to ensure that vehicles and drivers are safe and suitable. All proprietors are therefore required to produce an annual basic disclosure from the DBS in order for the licensing authority to satisfy itself that proprietors pose no threat to the public and have no links to serious criminal activity.

214. In the case of a company or partnership, a basic disclosure must be provided by all directors or partners.

215. Basic DBS disclosures will not be required for any proprietors who are already regarded as a fit and proper person, evidenced by their possession of a hackney carriage/private hire driver licence or a private hire operator licence issued by North Yorkshire Council.

216. If an applicant (including any director or partner of a company or partnership) has lived overseas for a period of six months or more in the 10-year period leading up to the date of application, they must produce a further criminal record check or ‘certificate of good conduct’. Applications need to be made in the relevant country or to the relevant embassy in the UK. Information on the application process is available here: www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants

217. North Yorkshire Council complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a Disclosure on the basis of a conviction or any other information revealed.

218. The licensing authority is committed to the fair treatment of all users and potential users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.

219. The Applicant Suitability and Criminal Convictions section of this policy makes provision for dealing with applications from ex-offenders. The licensing authority actively promotes equality of opportunity for all and welcomes applications from all, including those with criminal records.

220. A criminal record does not mean that an applicant will automatically be refused a licence. Each application is considered on its individual merits. The council’s overriding consideration is always the protection of the public. A statutory declaration is requested as part of the application process. If the licensing authority decides to refuse an application, written reasons for this decision will be provided. Any applicant who is aggrieved at such a decision has the right of appeal to the Magistrates’ Court.

221. All criminal record documentation is kept in accordance with the DBS requirements relating to secure storage. If a disclosure indicates no criminal record this will be recorded on an applicant’s file and the disclosure documentation will be destroyed. Disclosures with entries will be retained in secure storage until the application has been determined and any subsequent appeal is disposed of.

Private hire vehicle damage

222. Any vehicle damage materially affecting the safety, performance or appearance of the vehicle shall be reported in writing to the licensing authority by the proprietor as soon as practicable and in any event within 72 hours of its occurrence[43].

223. If any damage is considered by the authorised officer to be extensive enough to affect the safety or general appearance of the vehicle, a notice of suspension will be issued.

224. Vehicles subject to a Category A, B or S insurance write-off will not be licensed as private hire vehicles.

225. Vehicles subject to a Category C, D or N insurance write-off may be licensed as private hire vehicles provided the applicant or proprietor has provided an appropriate engineer’s report (approved by an authorised officer of the council) verifying the standard of repairs.

Dual private hire vehicle plating

226. No private hire vehicle will be granted a licence if it is licensed in another district due to the problems of meeting the variance in conditions applied in different districts and the enforcement of those conditions in cases of non-compliance (i.e. signs, suspensions or revocations).

Mechanical breakdown of private hire vehicle

227. If, during a hiring, any vehicle becomes unfit to complete a journey:

· the driver shall be entitled to demand the fare for the distance already travelled;

· the driver shall secure alternative transport without delay to complete the journey if the hirer so wishes;

· if the original vehicle is repaired and completes the hiring, the driver shall be entitled to the full fare with the exception of any time that the hirer waited for the repair to be executed; and

· any such incident must be reported to the licensing authority within one working day.

Complaints to private hire vehicle proprietors

228. The proprietor of any private hire vehicle who receives a complaint concerning the driver’s conduct or about the vehicle’s fitness, appearance, safety or fare levied shall inform the licensing authority, in writing, within 48 hours of the receipt of such a complaint.

Private hire vehicle proprietor convictions and other sanctions

229. The proprietor of a licensed private hire vehicle must at the earliest opportunity, and in any case, within 48 hours, disclose to the licensing authority in writing the details of any arrest, criminal charge or conviction imposed upon him or her (or in the case of a company or partnership, on any of the directors or partners). The same applies to any simple cautions, fixed penalties, DVLA licence endorsements and community resolutions.

230. Any failure to comply may raise doubts as to the proprietor’s suitability to hold a licence, in which case, the matter may be referred to the *insert Committee name* for consideration.

Private hire vehicle first aid equipment

231. There shall be provided and maintained in the vehicle at all times when it is in use or available for hire a suitable first aid kit containing appropriate first aid dressings and appliances for use in an emergency.

CCTV in private hire vehicles

232. No CCTV system shall be installed in a private hire vehicle unless it has previously been authorised in writing by the licensing authority. If authorisation is obtained, the proprietor will be required to ensure compliance with all licence conditions relating to CCTV to ensure that the CCTV system is appropriately installed and maintained so as not to interfere with the safety and comfort of passengers, as well as ensuring the integrity of any images captured.

233. No authorisation is required for the installation of external-facing cameras used for the purposes of recording accidents or incidents outside the vehicle (e.g. dashcams) provided the system does not record audio or images of any interior parts of the vehicle in which passengers may be seated.

234. This policy details the minimum standards that will normally be expected to be met.

235. Each case will be determined on its own merits and exceptions may be made at the discretion of an authorised officer if the circumstances justify making such an exception.

236. The licensing authority has specified minimum criteria that it would expect a CCTV system to satisfy in order for the system to be installed in licensed vehicles.

237. The proprietor must meet the current Information Commissioner data protection requirements.

238. The CCTV system shall:

· be capable of date and time system identification stamping;

· be capable of recording and storing images for a minimum period of 14 days;

· provide that, where the system uses a DVD recorder, the system is protected from shock; and

· be marked with the EMC (Electro Magnetic Certification), which signifies that it meets the European Industry Standard.

239. Any audio recording should be both overt (i.e. all parties should be aware when recordings are being made) and targeted (i.e. only when passengers (or drivers) consider it necessary).

240. Audio recording must not be continuously active by default and should recognise the need for privacy of passengers’ private conversations between themselves. Activation of any audio recording capability of a system might be instigated when either the passenger or driver operates a switch or button.

241. The licence holder must provide evidence that the CCTV system complies with the licensing authority’s minimum recommended specification.

242. The licence holder shall ensure that notification is lodged with the Information Commissioner’s Office to cover the purposes for which the CCTV system is used.

243. Notices informing passengers of the CCTV must be displayed inside the vehicle where they can be easily viewed by passengers.

244. The licence holder shall take reasonable steps to ensure that there is no unauthorised access to data recorded by the CCTV.

245. Notwithstanding the above criteria, any CCTV system installed in a vehicle licensed by either Craven District Council, Hambleton District Council, Harrogate Borough Council, Richmondshire District Council, Ryedale District Council, Scarborough Borough Council or Selby District Council prior to 1^st April 2023 may remain in use until 31^st March 2025 provided it would have been permitted by the terms of the relevant policy in effect on 31^st March 2023.

Trailers on private hire vehicles

246. No licensed vehicle may tow any trailer unless permission has been granted by the licensing authority and a further licence plate has subsequently been issued.

247. No such permission will be given unless evidence of valid insurance to cover such use for hire has been produced.

248. The vehicle licence plate giving the licence number must be clearly displayed on the rear of any trailer used, this sign being in addition to that on the rear of the vehicle.

249. The contents of any such trailer must be secured and covered in a proper manner.

250. The use of any trailer used must comply with regulations in all respects.

Smoking in private hire vehicles

251. All hackney carriage vehicles are required to be smoke-free at all times and ‘No smoking’ signage must be displayed in the vehicle[44]. Failure to comply with this may lead to a fixed penalty notice being issued or a criminal prosecution.

Private hire vehicle proprietor change of address

252. All private hire vehicle proprietors are required to notify the licensing authority in writing of any change of his/her address during the period of the licence within seven days of such change taking place.

Private hire vehicle proprietor change of directors or partners

253. Where a private hire vehicle licence is held by a company or partnership, any changes to the directors or partners must be notified to the licensing authority as soon as practicable and, in any case, within seven days of any such change.

Private hire meters

254. Operators and proprietors of private hire vehicles are not required to install a meter. However, if a meter is in use, it must be maintained in good working order at all times.

255. All meters must meet any statutory requirements and the accuracy of any meter must be maintained.

256. Where a private hire operator uses a table of fares to assist customers and drivers in determining the cost of a journey, it must be prominently displayed in the vehicle.

Calculation of private hire vehicle licence fees

257. The costs associated with vehicle inspection and administration will be recovered via the licence fees for private hire vehicle licences[45].

258. The cost of the service is determined by several factors including staffing (salaries, National Insurance, pensions etc), accommodation, utilities, IT support, legal costs, software, insurance, printing, postage etc.

259. The licence fee for each type of application is then dependent on several other factors including, where relevant, the time spent on complaints, committees, inspections, advertising, administration, consultations etc.

260. Some costs are associated with specific types of applications and these must be recovered accordingly. For instance, the costs of hackney carriage stands and the table of fares cannot be recovered from private hire vehicle licence fees whereas other costs (such as policy and service development) will apply to all licence fees.

261. The licence fee is refundable upon request in the event of an unsuccessful application. However, the licensing authority will not reimburse the applicant for any payments made in relation to mechanical tests, insurance etc.

Private hire vehicle accessibility

262. The licensing authority maintains a list of designated wheelchair accessible hackney carriage and private hire vehicles[46]. For these purposes, wheelchair accessible means that it would be possible for the user of a “reference wheelchair[47]” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair.

263. The drivers of any designated vehicles must:

· carry the passenger while in the wheelchair if requested to do so and provide reasonable assistance to enable the passenger to get into or out of the vehicle;

· carry the wheelchair if the passenger chooses to sit in a passenger seat and provide reasonable assistance to load the wheelchair into or out of the vehicle;

· provide reasonable assistance to load the passenger’s luggage into or out of the vehicle;

· take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; and

· not make any additional charge[48].

264. Prior to publishing a list of designated wheelchair accessible vehicles, the licensing authority will confirm the designation in writing to each proprietor of any such vehicle.

265. The proprietor of a designated wheelchair accessible vehicle may appeal against the decision of the licensing authority to include their vehicles on the designated list[49]. The appeal should be made to the Magistrates’ Court and must be made within 28 days of the vehicle in question being included on the authority’s published list.

266. Any wheelchair accessible private hire vehicle must have European Community Whole Vehicle Type Approval (ECWVTA). This will be shown on either the vehicle’s V5 registration document, additional chassis number on the vehicle or by a ‘Certificate of Conformity’ (COC), which shows that the vehicles have been produced to a very high and vigorous standard. The COC should show the number of passengers the vehicle is able to carry with the wheelchair conversion.

267. 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 within the passenger compartment.

268. A ramp or ramps for the loading of a wheelchair and occupant must be available at all times for wheelchair accessible vehicles.

269. 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.

270. If the vehicle has a purpose designed wheelchair lift, then a ‘LOLER’ certificate must be produced with the initial application, and this must be renewed annually. The onus will be on the vehicle proprietor to ensure this is kept up to date and the certificate can be requested at any time by an authorised officer.

271. Private hire vehicles are an essential mode of transport for disabled and elderly persons. The combination of the personal service they offer, their wide availability and their door-to-door operations enable them to respond particularly well to the travel needs of people with mobility difficulties.

272. The licensing authority is committed to ensuring a wide variety of opportunities is available to those with mobility difficulties. For this reason, the licensing authority considers it important that people with impairments have access to all forms of public transportation.

273. The licensing authority intends to encourage proprietors to invest in wheelchair accessible vehicles, thus improving the accessibility of vehicles to disabled customers. For this reason, the age limits outlined in paragraph *169 (subject to change)* do not apply to designated wheelchair accessible hackney carriage vehicles. Furthermore, North Yorkshire Council will continue to review its options in terms of encouraging more proprietors to obtain licences in respect of wheelchair accessible vehicles.

Executive vehicles

274. An executive vehicle, limousine or other novelty vehicle is, in essence, a private hire vehicle, and all other interpretations, policies and conditions relevant to licensed private hire vehicles also apply, except where described below.

275. There is no legal definition of executive vehicle. However, there is common acceptance that an executive vehicle would be a relatively expensive vehicle that includes additional features designed to increase the comfort of the driver and passengers, which exhibits the qualities of luxury, prestige, and refinement. A classic car could be an executive vehicle. Vehicles qualifying for executive status must be of a high-end vehicle specification.

276. Executive vehicles usually place more emphasis on comfort, appearance, and amenities such as technological upgrades and higher quality materials than on performance, economy, or utility. They are often built in smaller numbers than more affordable mass-market vehicles. Luxury vehicles are historically 5 or 6 passenger four-door saloons. The term was coined in the 1960s to describe cars targeted at successful professionals and middle to senior managers, often as a company car but retaining enough performance and comfort to be desirable in their own right.

277. Executive cars could be luxury versions of family saloons; at the higher end, they are often larger models by mainstream manufacturers or the entry-level models by companies specialising in larger luxury vehicles.

278. Proprietors of companies wishing to license such vehicles would not normally be mainstream private hire companies but would be offering chauffeur driven contracts, airports runs and other similar services where the driver would be expected to observe a strict dress code. Chauffeur driven contracts for the undertaking of a journey in an executive vehicle would generally be made by way of a written contract.

279. For the purposes of this policy, a stretched limousine is regarded as a luxurious vehicle that has been modified (stretched) to extend the length of the vehicle. The stretch shall not exceed 120 inches [3048 millimetres]. The vehicle shall be capable of carrying up to, but not exceeding eight passengers. Each passenger seating area will be at least 400mm wide.

280. For the purposes of this policy, a novelty vehicle is defined as follows:

· a vehicle that has been specially constructed, adapted or converted by a low volume specialist vehicle manufacture or modifier;

· a vehicle that has been specially modified from its original design or specification;

· a vehicle that is capable of carrying up to but not exceeding 8 passengers;

· a vehicle that is intended for the carriage of fare paying passengers that, prior to the introduction of this policy, would not be licensed by the Authority as a private hire vehicle because they did not comply with one or more of the standard conditions relating to private hire vehicles; and

· any vehicle that, in the opinion of an authorised officer, because of its specialist design/styling or origin, requires it to be classed as a novelty vehicle.

Exemptions and standards for executive/novelty vehicles

281. It would be expected that a contract for the hire of an executive vehicle, stretched limousine or other novelty vehicle would normally be in place no less than 24 hours prior to the commencement of the journey. The vehicles would not be used to undertake standard private hire work.

282. There are no age restrictions relating to executive vehicles, stretched limousines and other novelty vehicles but all such vehicles must be exceptionally well-maintained.

283. The licensing authority has the power to disapply the general requirement to display a licence plate where the circumstances justify it[50]. Accordingly, an authorised officer may give an exemption notice to the proprietor of an executive vehicle, stretched limousine or other novelty vehicle.

284. Any applicant seeking an exemption from displaying plates must submit an application form to the licensing authority confirming the details of their executive/novelty arrangements. An exemption notice will only be issued to the applicant if the authorised officer is satisfied that:

· the vehicle will be in immaculate condition with no visible defects, dents or blemishes to the external bodywork or internal trim;

· no meter or data head shall be fitted to the vehicle;

· a written contract will be in place from any hirer wishing to employ the services of an executive private hire vehicle. Any such contracts will be in place at least 24 hours prior to the commencement of the journey;

· the vehicle will not be used for standard private hire work or school contracts.

· any driver of the vehicle will follow a formal dress code, suit or smart jacket and trousers and collared shirt;

· no advertising or identification (including company logos) will be displayed on or in the vehicle at any time; and

· the hirer will be invoiced separately for the pre-agreed fare and no payments will be taken in the vehicle.

285. The licensing authority may withdraw the exemption in the event that an authorised officer is no longer satisfied that the above arrangements are being made.

286. Where an exemption has been granted, the exemption notice and the licence plate must be kept inside the vehicle at all times whilst the vehicle is licensed as a private hire vehicle. The notice and the plate must be made available for inspection to a police officer or authorised officer of the council upon request.

287. Whilst driving an executive vehicle, stretched limousine or other novelty vehicle in accordance with an exemption, the driver of the vehicle will also be exempt from the general requirement to wear his/her driver badge. In these instances, the badge must be kept inside the vehicle at all times whilst the driver is using the vehicle for private hire purposes and it must be made available for inspection to any passenger, police officer or authorised officer of the council upon request.

Private hire vehicle licence conditions

288. The licensing authority may attach to the grant of a private hire vehicle licence any such conditions as they may consider reasonably necessary[51].

289. Unless there are exceptional circumstances that require a different approach, the following conditions will generally be imposed on all hackney carriage vehicle licences:

3) The licence plates and side panels shall be properly fixed in the positions required by the licensing authority at all times in accordance with the reasonable instructions of the authorised officer of the council. Any defects must be reported to the licensing authority for repair immediately.