Mot for Private Hire Vehicle

There is a broad spectrum of discretionary powers in the law for municipal administrations to choose the type of vehicle they can register as a taxi or private rental car. A number of public administrations have set vehicle specifications requirements which in reality can only be fulfilled by specially constructed rolling stock, but the vast majority approve a number of rolling stock.

Whilst purpose-built rolling stock is one of those which can be reasonably expected to be approved by a competent body at home, approval bodies should be careful when it comes to specifying only purpose-built cabs, with the associated severe limitation of use. Similarly, it may be too restricted to exclude multipurpose cars or to authorise them for fewer people than their seats (provided, of course, that the vehicle's carrying capacity does not exceed eight people).

A number of approval bodies pursue a strategy of defining as many different vehicle models as possible. In fact, these public bodies could also consider a directive enabling the taxi/private vehicle market to offer cars of their own choosing which meet a number of general conditions with regard to the specifications laid down by the approval body.

It could allow greater adaptability to accommodate new vehicle models. Occasionally, a municipality may be asked to licence a vehicle that has been separately import (i.e. by someone other than the manufacturer) as a cab or private rental mayhem.

While such a vehicle could fulfil the requirements of an official body, the official body can still be unsure whether the more comprehensive requirements will be used for imports in the UK. The " type-approval " regulations apply to these rolling stock. For information on "Type Approval" and the procedure for approving and registration of import motorcycles, see the Ministry of Transport website under "EC Whole Vehicle Tyre Approval": 5.5.

Significant differences exist between vehicle inspection bodies at national level, and this includes the issue of vehicle ages. Statutory requirements for taxi cabs require that they be subjected to a TÜV test or an examination of equal value one year after their initial approval and thereafter each year. In the case of private rental vehicles, the yearly TÜV inspection should begin after the vehicle is three years old.

Regardless of the TÜV regulations, the government usually carries out inspections of cabs and private rental automobiles at initial registration and once a year or more often thereafter. For the sake of security, this is good policy. Yearly tests for registered rolling stock regardless of ages are regarded as good practices, although more regular tests may be appropriate for older rolling stock (see "Age limits" below).

It may be useful for locals to point out that a 2005 National Society for Cleaner Air audit found that cabs failed to pass an exhaust emission test more often than other cars. These findings may suggest that the emission test should be performed ad hoc and more often than the overall vehicle test.

It also seems appropriate to use the same criterias for mechanic affairs as for the TÜV test on taxi and private rental car. TÜV testing of automobiles used for the first time after 31 March 1987 involves the inspection of all safety harnesses. Taxi cabs and private rental car services, however, offer a general interest function and it is therefore also appropriate to establish inner vehicle conditions that require, for example, that the inner compartment, padding and equipment are kept in a usable state.

For further information and detailed information on TÜV certification please visit the website of the Vehicle & Operator Services Agency (VOSA): Establishing an upper and lower ages threshold at which a municipality will no longer register a vehicle is somewhat random and unreasonable, especially as it is quite possible that a well-maintained older vehicle is in good state.

However, a higher test rate may be appropriate for older cars - for example, two test cycles for cars older than five years. It is sometimes criticised that there is only one single site (which may be geographical ) for your area provided by your regional authority. Therefore, it is good practise for municipalities to consider more than one test site.

This allows the authorising body to profit from cost pressure. Vehicle Operators and Standards Agency - VOSA - can help with providing test benches in the event of problems locally. Authorising agencies should proactively encourage and encourage good connections between the cab and private rental vehicle trade and the municipal policing service, as well as participate proactively in criminal justice activities.

Vehicle owner and operators will often want to implement safety precautions to ensure the protection of the operator. It can be assumed by the competent authority that this is a subject which is best decided by the owner andriver. It is however advisable that the approval authority should favourably consider or even promote their use.

Installing video surveillance systems in taxi cabs and private rental vehicles can provide a certain level of protection for both passenger and driver. This could also be a useful instrument for confirmation in the event of ticket price conflicts, acts of terrorism, acts of terrorism and other unsocial or illegal acts in the vehicle.

Public administrations evaluating the adequacy of video surveillance installations must be conscious of the responsibility for themselves and/or the driver and operator of the video surveillance system under the Data Protection Act 1998. A CCTV system in a taxi or private rental car should help the operator to make sure that it complies with the Information Commissioner's Office's CCTV Standards of Conduct.

The general population cannot be aware that private rental vehicles and cabs function differently, that private rental vehicles are not immediately available and must be prebooked. Therefore, it is important that the two vehicle models are easily distinguishable. Paragraph 14 of the 1982 Act forbids the advertisement on or in a private rental vehicle of any characteristic which might indicate that the vehicle is for hire as a cab.

Displaying roof lettering on private rental automobiles can be confusing, and we recommend, as best practices, the introduction of a license term for private rental automobiles that excludes the displaying of any kind of roof lettering on such automobiles (condition 14 of the Scottish Ministry of Development's Circular 25/1986, Appendix B, relates to this).

Additionally to the specified municipal number plates or the diskette, which marks the vehicle as a private rental vehicle, a more clear identifier is recommended. There are two main causes for this: first, to make a more favourable assessment that the vehicle cannot be immediately rented by the chauffeur; and second, because it is sensible, in the interest of the general driving public, for a private rental company to be able to provide contacts for renting the vehicle.

To this end, the public administrations could consider the possibility of introducing a registration requirement requiring a specific type of mark on the vehicle. It is often a character of a certain type and dimension that will identify the carrier (with a phone number for bookings) and the respective approval body and will also contain some words such as "booked in advance only".

Using this method, the vehicle is identified as a private rental car, helping to prevent mix-ups with a cab, and providing useful information for the general public wanting to make a reservation. They should consider the extent to which their vehicle registration policy can and should be supportive of the possibly adopted municipal environment directives, taking into account that the benefit must override the cost (in whatever form), and in consultation with those in charge of environment heath.

For example, locals may consider the promotion of clean fuel or the education of driver in environmentally friendly/economical modes (see section 8.12 Training). Public administrations may also consider the increased presence of hybrid/electric and low emission cars on the commercial vehicle markets in any revision of their lists of authorised cars.

Those administrations considering the authorisation of environmentally sound cars will undoubtedly have to fulfil their obligations to fulfil the eligibility of a vehicle for registration as a taxicab or private rental vehicle in respect of nature, dimensions and designs, and that it is convenient and secure for use as a taxicab or private rental vehicle (§ 10 of the 1982 Act).

However, a number of companies have pointed out that they vary the vehicle specifications of the vehicle's minimal motor content (typically 1800 cc) to allow the registration of green vehicle such as hybrid/electric/hydrogen as taxi or private rental. Paragraph 22 of the 1982 Act provides for certain derogations from the authorisation requirement.

No provision of 10 to 21 (with the exclusion of paragraph 7 of 21) of this Act shall be applicable to a vehicle while it is used for the carriage of persons under an agreement for its sole hire for a minimum of 24h. The " exclusivity " is described in a 2009 DOT commission which defines a rental as one where the vehicle is rented in its entirety by a particular individual or group.

There is no intent on the part of the taxis and private hire vehicle licence system to use a vehicle used for commercial passenger transport for its sole rental for a period of at least 24 Stunden, and subparagraph (c) explicitly exonerates such cars from the obligation to provide protection for the lessee on the grounds that longer rentals are likely to be the object of an expert personal examination and hearing - e.g. business rentals - if there is no equal need to do so.

The approval bodies are conscious that this waiver allows operators and cars used solely for wage work to derogate from the approval system. Each tender procedure and each definitive agreement must clearly comply with the applicable legal provisions (i.e. where appropriate, register with the vulnerable groups scheme), but should also be timely and able to determine efficiently the security and fitness of the driver and vehicle.

Given the variety of related elements (roadworthiness, access standards, controls of police registers, driving skills, etc.), the use of registered pilots and cars can be more effective. The number of specialised cars (stretch limos, ambulances, etc.) usually reserved for parties is growing on our streets, clearly showing the general public's interest in the specialised services they offer.

Concerns have been voiced that some of these cars may operate outside a special approval scheme. Therefore, these cars and their chauffeurs may not have undergone appropriate testing either under the private rental vehicle licence agreements or under the licence agreement for civil servant cars (the latter primarily applying to cars with more than 8 passengers seats).

Paragraph 23 of the 1982 Act provides the following definition of 'hire car': "Hired car" means a vehicle with a single chauffeur (other than a vehicle which is a civil servant vehicle within the meanings of Section 1(1)(a) of the 1981 Law on Passenger Cars ) (the 1981 Law) which is available to the general public for the purpose of transporting passengers in a private capacity for reasons of gain.

Clause 7 of the 1982 Act provides that any individual who, for no good reason, does anything that requires a Part II of the Act to be licensed (including Clauses 10-23) without having such a licensed copy is found to have committed a criminal offense. With regard to Section 10 of the 1982 Act, the approval bodies have a choice between the vehicle models they approve as private rental automobiles.

It is understandable that some agencies approve sedans, that some do not, and that few, if any, other agencies approve other cars for particular incidents. Therefore, in some cases it is currently not possible for an owner of a specialised vehicle to obtain a private rental driving permit. Approval by the approval body of a vehicle for specific occasions is a specific question which determines whether approval is necessary to allow the operation or driving of such a vehicle.

The best way to serve security is to issue directives which, through the approval procedure, guarantee the verification of operator s/drivers and the vehicle overhaul. With this in mind, we are encouraging the approval bodies, in conjunction with the law enforcement agencies, to take a pro-active stance on the issue of operating cars without the approval requirement under the 1982 Act.

The approval authority will want to make sure that the principle of Paragraph 10(3) is not affected in any way when examining any deviations from its own specifications of the vehicle for registration as a private hire vehicle, perhaps in view of the specificity of the services provided by cars of the category of a particular occurrence.

Emphasis should be placed on the fact that the above indications apply to cars with a maximum seat load of 8 passengers. Higher seat capacities may be covered by the legal provisions applicable to civil servant rolling stock. As part of their assessment of the eligibility of a particular vehicle for registration as a private rental vehicle, the competent authority could consider whether directives such as the fixing of vehicle ages (see 5.5) and/or the exclusion of left-hand driving are not excessively prescriptive.

In the past, stretch saloons that had been transported were inspected for adherence to UK rules as part of the Single Vehicle Approval system before being registered. It has now been superseded by the single vehicle approval system (IVA). IVA testing confirms that the modified vehicle is constructed to certain health and safety and environmental specifications.

An approval body could ask to view the IVA certification to make sure that the vehicle has been VOSA retested before it is DVLA registrated and licenced (taxed). A number of municipalities have complained about difficulties due to the sizes of some vessels which exclude proper testing in traditional workshops.

When there is no appropriate TÜV test site in the region, it is possible to test the vehicle at a VOSA test site. This statutory regulation on quantitative limits for taxi services is contained in § 10 (3) of the 1982 Act.

The granting of a tax license may be denied by a tax office for the purposes of restricting the number of cabs for which they issue licenses, if, but only if, and only if, they are convinced that there is no significant unfilled need for cab service in their territory.

However, the authorising officers know that, in the case of a dispute over a refusal to grant a permit, the relevant officer would be obliged to ascertain to the satisfactory mind of the Tribunal that he had first ascertained that there was no such significant unsatisfied request. However, permitting agencies, which currently limit the number of taxis charged, are invited to regularly revise this Directive and consider the general political orientation.

Authorising agencies, when revising their policies on quantitative limitations of airport taxis, should consider whether the current limitations should be continued. Matters should be dealt with in the light of the interests of cab drivers. Can there be any proof that the lifting of checks would lead to a clear and unequivocal degradation in the scale or level of services provided by taxis?

Governments examining the case of quantitative limitations will also wish to take into account the existence of an adequate range of available cars within the rental vehicle pool in order to satisfy the needs of disabled people. Public administrations may find the information in Annex A useful. A number of issues are set out in the Annex which may be of assistance to permitting agencies in any revision of policies relating to the quantitative monitoring of airport charges.

It is, however, necessary to verify the frequencies and components of the data collections used by regional administrations in order to assess unsatisfied demands. As regards frequencies, authorising officers should conduct a poll so often that they can react to any dispute to the full satisfaction of a judicial authority.

A few core issues that the public administrations should take into account are: Late demands, e.g. those who have reacted to long waits by not even trying to take a cab. That can be evaluated by polling non taxpayers, perhaps using preferential polling technologies. As peak demands are by nature the most favourite periods for the consumer to use cabs, the unsatisfied demands at these periods should not be ignored.

Municipal administrations should take into account when peak times arise and who is discriminated against by constraints on the delivery of taxidermis. In addition to statistics, the evaluation of quantitative limits should involve consultations with all stakeholders, as well as users groups, the policing community, small companies (e.g. hotel, pub and club owners and visitors' attractions) and suppliers of other means of transportation (e.g. railway undertakings wishing to have available cabs to take people to and from stations).

There is no good practise that polls are remunerated by the locals (except through general royalty income). A Task Group reviewing the permitting requirements of the Act advised in its findings that regulators should be urged to use their authority under Appendix 1 to set an expiration date for labels at the date of issuance to meet their concern about non-compliance.