Agenda item

The Licensing and Public Protection Manager introduced the report as published.

In response to Members’ questions, officers confirmed that:

-       Currently there is no upper age limit for a Euro 6 vehicle and wheelchair accessible vehicles (WAVs) can operate up to 14 years of age. At first licensing there is a 5-year age limit for saloon vehicles and 8-year upper age limit for WAVs.

-       The policy has been varied for other drivers in the past determined on the cases individual merits, either through the medical exemption process or through individual reports being brought before the committee. Only a handful of exemptions have been brought before the committee.

-       The draft policy consultation held in 2024 had proposed that anyone who had complied with the 2021 policy to have a WAV could license a saloon vehicle as long as the WAV remained on the fleet. However, this led to a potential issue with WAV licences expiring if not renewed. The policy consultation currently being carried out has removed this reference to the 2021 licence holders and the report brought to this meeting aims to resolve the issue as soon as possible.

-       Replacement vehicles would be like-for-like in terms of body but have no requirements regarding emissions. However, the new policy proposes a cut-off date of 2030 for carbon neutral vehicles, so drivers would need to be mindful of this date if purchasing a Euro 6 vehicle.

-       WAVs can remain on the fleet either through sale to another driver or through a driver licensing a second vehicle. However, as plates are only issued for 12 months these can then expire.

The Chair explained that criticism from the hackney carriage trade to the changed policy requirements in 2021 had led the council to revert to the previous requirements. This had negatively impacted drivers who had abided with the new requirements before they were withdrawn. The report offered an opportunity to rectify what had happened.

Ten drivers attended the meeting and were given the opportunity to voice their experience and concerns to the committee. They raised the following points:

-       Some are interested in investing in electric saloon vehicles as replacements for their WAV.

-       Some have found WAVs difficult to drive and uncomfortable, with one driver reporting he was experiencing back problems.

-       Where medical exemptions exist drivers are not required to take wheelchair users despite running WAVs. It would make more sense for a driver who can offer services to wheelchair users to have this WAV.

-       One would like to maintain his WAV alongside an additional vehicle to enable him to provide wider services, such as airport runs.

-       It was a very difficult time during the pandemic and they were forced into buying a WAV with very short notice at a time when the market cost for WAVs was very high, as otherwise they would have lost their licence.

-       Complying with the policy has left them in difficulties especially as maintenance costs are very high for WAVs. One driver had spent over £6k on maintenance costs in the last year.

-       Due to the height of the WAVs it has proved difficult for the elderly to use the vehicles.

-       Prior to purchasing the WAV a driver had a lot of 6-seater business which he has since not been able to take as the vehicle can only carry 4 people. Airport work has also been largely lost and regular customers have changed drivers as they don’t like the vehicle. The impacted drivers have been left at a disadvantage compared to drivers who did not comply with the policy.

-       There has been very little wheelchair work to replace this lost trade, with one driver having only 4 requests from wheelchair users since 2021. A driver suggested that wheelchair users may primarily be using private hire vehicles instead.

-       Replacing working vehicles to comply with the policy meant significant and unnecessary financial loss which was worsened through the loss of work, which they feel the council should compensate.

-       Drivers raised concerns with the council that this policy was unfair before it was originally implemented.

-       They believe they should be able to sell the WAV outside of the fleet to enable them to use the WAV as a deposit. One driver did have another party interested in purchasing their WAV but another had been advertising on the taxi-forum for some time with no interest shown, so even though permission had been previously granted to revert he has been unable to purchase a saloon vehicle.

In response to the drivers’ questions, officers confirmed that:

-       For carbon neutral vehicles there is no upper age limit for registration as long as requirements such as MOTs are complied with.

-       If approved the report will allow drivers to revert to saloon vehicles and will permit drivers to sell WAVs over 5 years of age, as long as they are under 14 years of age.

-       Saloon vehicles will need to be under 5 years of age to secure a licence.

Members made the following comments:

-       Difficulties previously brought to the committee by a driver about the mile-range of his electric vehicle should no longer be a concern as the range has extended and prices have come down significantly. Gloucestershire County Council and Cheltenham Borough Council are both working on increasing access to electric vehicle charging points. There will also be financial benefits to drivers as electric vehicles accrue less maintenance costs.

-       Members recognised that the disadvantages the drivers have experienced were an injustice, which is being compounded by the need to keep WAVs within the fleet. They asked for consideration to be given to removing this requirement during the current policy consultation.

-       They thanked drivers for the support they have provided to disabled residents and confirmed that it was proposed that 30% of the fleet would continue to be WAVs. They also noted that a survey conducted on the behalf of the Cabinet Member Economic Development, Wellbeing & Culture had shown that not all customers with disabilities want a WAV. In line with the council’s Public Sector Equality Duty a mixed fleet will be offered with any new drivers being required to have a WAV.

-       No more drivers should need to come before the committee on this matter.

-       Due to the number of policies and consultations that have been taking place the committee have shown leniency to drivers in the past due to the ambiguity of the situation. It would be the right thing to show the same leniency to the drivers who have been trapped in this situation.

-       It was an error to have introduced the policy with a forced cut-off date for the disposal of perfectly good vehicles, the council must ensure in the future that vehicles continue to be licensed until their natural end of life.

-       The way this policy was introduced has damaged the relationship between the council and the hackney carriage trade in Cheltenham and it is important that the council do what they can to rebuild trust and confidence.

-       The committee do not have the power to compensate the drivers but their statements will have been heard by those who are able to consider this decision.

The matter then went to the vote to:

a) Permit the hackney carriage vehicle licences to be transferred to a saloon type vehicle in line with policy requirements for replacement saloon vehicles; and

b) If the hackney carriage vehicle licence holder chooses to, to permit the WAV to remain on the fleet if it exceeds age requirements for new hackney carriage vehicles in line with upper age restriction policy requirements.

For – 9

Abstain – 1

Permitted.

The Chair apologised to the drivers for the inconvenience and difficulty this situation has caused them. He thanked them for taking the time to come to speak to the committee and confirmed that officers would be in touch to confirm the next steps.