Welcome to the Taxi Times, a newsletter for the taxi trade showing updates on legislation, policy and enforcement.
In this edition of the Taxi Times we’ve got information on:
- Vehicle testing
- Low Emission Taxi Incentive Scheme
- Cycles and the law
- National Register of Taxi Licence Refusals and Revocations
- Tax change reminder
- Safeguarding refresher training
- HPI Checks
- Taxi Licensing Policy
- Taxis and Private Hire Vehicles (Disabled Persons) Act 2022
- Enforcement Team
We welcome your feedback. If you have any topics you’d like raised in this newsletter contact the Licensing Team with any comments.
Vehicle testing
Our vehicle inspection team have updated the guidance which is provided to all vehicle licence proprietors advising them of the statuary vehicle inspections.
The new information is provided within the initial appointment letter. Please remember the vehicle should be presented in a sound mechanical condition with bodywork in good order. The spare wheel should be removed from its carrier and placed in the boot ready for inspection.
The interior of the vehicle must be clean and tidy and comply with relevant vehicle licence conditions.
Please note that the existing fire extinguisher must either show an expiry date or have a pressure gauge and must have the seal intact if applicable. However, if you need to replace your existing fire extinguisher, the new one must conform to the European Standard BS EN3.
You are required to produce the following 3 documents at the inspection:
- valid certificate of insurance, this must be the original document and not a photocopy or image on a phone
- V5C vehicle registration document
- MOT Test Certificate
If your vehicle has a tail lift (hydraulic or electric), you are also required to produce a current examination report of the lifting equipment, in line with the relevant current legislation: Lifting Operations and Lifting Equipment Regulations (LOLER).
Re-Tests
The inspection is a statutory requirement, conducted to ensure your vehicle is safe and roadworthy to carry members of the public. The test is based on MOT test tolerances and the standard conditions attached to your Hackney Carriage or Private Hire vehicle licence.
Please note that where a vehicle is found to be close to the legal limits and in their view likely to fall outside of tolerance before the next examination, the inspector may use their discretion to fail a vehicle as a matter of public safety. Therefore, you should not bring a vehicle in for testing with brakes or tyres that are worn close to legal limits.
If your vehicle fails the test, you will need to make a new booking for a re-test. The inspector will also provide information with regards to the timescales for re-tests.
Low Emission Taxi Incentive Scheme
For a limited time, City of York Council is still able to offer financial support to help eligible City of York licensed taxi drivers buy low emission vehicles, to improve local air quality and health.
Taxis provide essential transport services and it is important that we help you to be part of our wider air quality improvement programme.
The scheme provides grant funding of up to £3000 which can be used to buy petrol hybrid, some plug-in hybrid and some low emission wheelchair accessible petrol/diesel vehicles.
Funding can also be used to support running costs of fully electric vehicles.
To find out more and how to apply contact City of York Council’s Public Protection team via email: public.protection@york.gov.uk, or by telephone: 01904 551525.
Cycles and the law
A revised Highway Code came into force in January 2022 that gives cyclists clear priority over drivers - with motorists given specific instructions on how much room to allow when overtaking.
The law when overtaking states that 1.5 metres is a minimum safe distance for overtaking in slow moving traffic. If you cannot allow the minimum distance, do not overtake until you can.
At speeds of 30mph or above, the Highway Code recommends a car width may be needed to overtake safely.
Rule 163 of the Highway Code states:
Leave at least 1.5 metres when overtaking cyclists at speeds of up to 30mph, and give them more space when overtaking at higher speeds.
Rule 212 of the Highway Code states:
Drivers should take extra care and give more space when overtaking motorcyclists, cyclists, horse riders, horse drawn vehicles and pedestrians in bad weather (including high winds) and at night. If the rider looks over their shoulder it could mean that they intend to pull out, turn right or change direction. Give them time and space to do so.
See more information on the updated Highway Code.
National Register of Taxi Licence Refusals and Revocations
Following approval by the Licensing and Regulatory Committee, the City of York Council has signed up to use the National Register of Taxi Licence Refusals and Revocations (NR3).
The intention of this register is to prevent drivers who have had a hackney carriage or PHV licence revoked or an application for one refused, going to another authority to dishonestly secure a licence by failing to disclose their previous licensing history.
Instances of drivers doing this in the past have undermined public confidence in the hackney carriage and PHV trade, and licensing authorities. The NR3 register provides a mechanism for licensing authorities to share details of individuals who have had a hackney carriage or PHV driver licence revoked or an application for one refused.
It has been welcomed by all sections of the taxi trade, safety groups, charities, the Department for Transport and licensing authorities.
From 10 February 2023, City of York will begin using the NR3. This means that from that point:
- applications for new hackney carriage/PHV driver licences and for renewals will be checked on the NR3
- where an existing licence is revoked or an application for renewal or a new licence is refused, this will be recorded on NR3
This authority, and other licensing authorities, will also be adding historic information on refusals and revocations of licences to the register.
Historic data will not go back beyond the retention period of 25 years.
Any relevant data entered onto NR3 which relates to existing licence holders may be considered as part of future renewal processes.
The information recorded on NR3 will be limited to:
- name
- date of birth
- address and contact details
- National Insurance Number
- driving licence number
- decision taken
- the date of the decision
- the date decision was effective
Information will be retained on NR3 for 25 years
Where an applicant’s details are flagged on NR3 during a search, this will be followed up separately between the authorities. Any such request in relation to your record will be responded to in accordance with the authority’s published privacy policy.
Licensing authorities will still be required to consider each application on its own merits, however, the introduction of NR3 will help ensure that they are able to do so on the basis of all the information that is relevant to an application.
All data processing and sharing undertaken by this authority on the NR3, and with individual authorities in regard to entries on the NR3 will be undertaken in accordance with the Data Protection Act 2018 (DPA) and the General Data Protection Regulations (GDPR).
The legal basis for processing this information is that it is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the licensing authority – that is, assessing whether an individual is a fit and proper person to hold a hackney carriage or PHV driver licence.
It is not intended that any NR3 data will be transferred out of the United Kingdom.
If you wish to raise any issue related to the data protection legislation, including by relying on any of the rights afforded to data subjects under the GDPR, you can do so to the authority’s Data Protection Officer on email: information.governance@york.gov.uk, or by post to:
Data Protection OfficerCity of York Council
West Offices
Station Rise
York
YO1 6GA
You always have the right to make a complaint to the Information Commissioner’s Office.
Tax change reminder
The HMRC tax check service is available for licence applicants to do their tax check.
As you are aware, this tax check is a new addition to the checks that licensing bodies already have in place, and it will need to be completed when people are renewing their licences to:
- drive taxis or private hire vehicles
- operate private hire vehicle businesses
- deal in scrap metal
The changes came into force in England and Wales on 4 April 2022.
Applicants must do the check themselves prior to applying to renew their licence, they will be provided with a 9-character code, this code must be included within the renewal application form. Applications cannot be processed if this code it not provided.
Guidance is available to help licensees to complete the new tax checks at the Gov.UK website: Tax codes.
Please note we are unable to renew a licence unless a tax check is valid. The check does not apply to those making a first licence application unless you hold a licence with another authority.
Safeguarding refresher training
If you are a licensed driver and your licence is due for renewal, please make sure you have undertaken the safeguarding refresher training prior to the renewal of your licence (this training has to be completed at least once every 3 years).
The refresher training courses are available to book online:
A course fee applies.
If you need any further information please contact City of York Council Workforce Development Unit, on email: wdu@york.gov.uk.
See further information and guidance, informing drivers about the signs of safeguarding and where to report concerns into the council, on the Safeguarding Adults York website.
HPI Checks
As a result of concerns raised by our vehicle inspection team the Licensing Section will be undertaking HPI checks on all new vehicles, changes of vehicles, and accident damaged vehicles in order to verify the ‘accident damage’ status of vehicles.
Prior to purchasing a vehicle, or any equipment or fittings, it is recommended that you first read the council’s Taxi Licensing Policy, as well as any conditions that apply to the grant of a vehicle licence.
If you are considering buying a vehicle, whether it has been previously licensed or not, you are strongly advised to conduct a HPI check prior to purchase.
If the vehicle is recorded on the HPI condition alert register, it is recommended that you seek advice from the council’s Licensing Team prior to purchase as this vehicle may not be suitable for licensing.
The council offers a ‘Hire Purchase information’ service to enable licensed drivers who are considering purchasing a vehicle to ascertain a vehicle’s HPI status. We can conduct such ‘HPI’ checks for the fee set at that time. There are also other businesses offering this service.
Taxi Licensing Policy
A report went to the Licensing and Regulatory Committee on 4 October 2022, to formally review the Taxi Licensing Policy to make sure it is in line with the requirements of the Department for Transports Statutory Taxi and Private Hire Vehicle Standards, any other statutory legal requirements and best practice.
As a result of this report, the policy is currently being reviewed, as soon as a draft is agreed, the council will seek public consultation on its contents.
Taxis and Private Hire Vehicles (Disabled Persons) Act 2022
This Act is now in force. From 28 June 2022, all taxi and PHV drivers and operators, regardless of whether the vehicles is wheelchair accessible, will be subject to duties under the Equality Act 2010.
See further information on these duties:
Enforcement Team
The Licensing Enforcement Team have been working closely with the council’s Parking Services in relation to motorists parking on various taxi ranks within the city.
Our officers have now the authority to issue fixed penalty notices in relation unauthorised vehicles parked on ranks.
Taxi Times
- Email: licensing@york.gov.uk
- Telephone: 01904 552422