The report on testing

Joint Report of the Assistant Chief Executive Legal and Governance and the Head of
Facilities Management and Transport Services to the Licensing Board 7th April 2009
Hackney Carriage and Private Hire Licensing
Mechanical Testing of Licensed & Prospective Licensed Private Hire and Hackney
Carriage Vehicles
1.0 Purpose
1.1 To review the current provision of testing facilities for mechanical and compliance
testing of private hire and hackney carriage vehicles in Sheffield.
2. Background
2.1 The City Council currently requires the owners/proprietors of prospective
licensed vehicles and currently licensed vehicles to attend the City Council
registered testing centre at Staniforth Road Sheffield.
2.2 The Council sets it's own criteria, specification and standards of compliance test
incorporating the VOSA's MOT test as the minimum standard.
2.3 Sheffield's Compliance Test includes inspecting the vehicle for continued use
throughout the year. Also included are body work checks, passenger safety and
comfort checks and meter testing. A copy of the compliance check list is attached
at Appendix A.
2.4 The testing regime is based primarily on the testing procedures of the Public
Carriage Office in London. Attached is the Transport for London's vehicle
inspection manual at Appendix B.
2.5 Also attached at appendix C is the Best Practice guide, from the Hackney
Carriage and Private hire Inspection, Technical Officers Group. This Group is
facilitated by the Freight Transport Association, and is made up of Officers, who
test Licensed Private Hire and Hackney Carriage vehicles on behalf of Local
Authorities.
2.6 The Licensing Board have imposed clear and strict specifications in respect of
both types of licensed vehicles. This impinges on the types of vehicles that may
be licensed as Private Hire Vehicle or a Hackney Carriage.
2.7 Having strict specifications allows Sheffield City Council to maintain high
standards in the vehicles it licenses and for the enforcement of those standards.

3.0 Current Policy
3.1 The current position in Sheffield is that there is a single base for compliance
testing of all Hackney Carriage and Private Hire licensed vehicles and new
vehicles to the trade.
3.2 This has been the position in Sheffield since transfer of the Licensing function for
Hackney Carriages in 1974 and Private Hire Vehicles in 1975. The service has
been provided by a separate Council department, currently Transportation
Services, who report via Legal and Governance to the Licensing Board. In
addition to testing the service provides expert advice to the Board on matters of
vehicle construction, use and maintenance as required.
3.3 Testing of vehicles is in accordance with the specification and standards set by
the Licensing Board.
3.4 The testing centre is part of Sheffield City Council and is within the Chief
Executive Directorate. The centre is currently based at the Council's Staniforth
Road Depot, and shares this site with the Council's Transport Services.
3.5 The test station has two dedicated taxi bays, each equipped with a calibrated
rolling road for checking 'taxi fare meters' on Hackney Carriage vehicles. The
provision of a calibrated rolling road ensures accurate meter testing and reduces
the cost and time of having to measure against a physical measured mile. The
investment in these rolling roads has been met by Transport Services. These
bays are backed up by a further light commercial bay for minibuses and larger
vehicles. Tests take place Monday to Friday excluding public holidays with some
limited Saturday morning provision.
3.6 The frequency of compliance testing is set by the Licensing Board.
3.7 Hackney Carriages are inspected once a year up until the vehicle is eight years
old then it is inspected twice yearly. Members may impose a maximum of 3
compliance tests per year where payment for the tests can be levied. Additional
compliance tests can be ordered at no direct cost to the licensee.
3.8 Private Hire vehicles are inspected once a year up until the vehicle is five years
old and then it is inspected twice yearly. Similarly Private Hire Vehicles can be
tested 3 times in any year. Additional tests may be ordered at no direct cost to
the Licensee.
3.9 Any new vehicle application is required to pass the City Councils compliance test
prior to being first licensed. This is a requirement even if the vehicle is out side
the scope of MOT legislation (less than 3 years old).

3.10 There are approximately 4500 compliance tests and 1500
re tests per annum. These are carried out by three dedicated compliance testers
supported by four trained compliance testers from the Vehicle Workshops. All
these testers are experienced and qualified motor vehicle technicians and VOSA
approved MOT testers.
3.11 No repairs are carried out on taxis at Staniforth Road Workshops.
3.12 Licensees are sent dates and times of their vehicles tests at least four weeks
prior to the test date.
3.13 There is no waiting time for a current licensee for a vehicle test.
4.0 Legislation
4.1 The Council has adopted the appropriate provisions of the Local Government
[Miscellaneous Provisions] Act 1976 which govern the testing of both licensed
Private Hire and Hackney Carriages in Sheffield.
4.2 The Council has established a compliance testing regime under s47 Road
Traffic Act 1988 which exempts a vehicle from holding an MOT certificate - -
because the Council tests covers all MOT requirements and more. The Council
issue as a courtesy an MOT certificate so that if a licensee surrenders a licence
the vehicle remains MOT covered; if stopped by the Police and asked to produce
documents to avoid conflict; and confusion at the post office for taxing purposes.
There is no computer link for compliance testing on the PNCj.
4.3 The Council currently undertakes vehicle tests at the garage facility it operates.
It has done so to maintain consistency and independence. Any system it
operated must need to achieve this. The current compliance test ensures at the
point of the test that vehicles are safe and comfortable for passengers. Currently
a charge of £50 is made for testing private hire vehicles and £55 for hackney
Carriages.
4.4 The Council are under a statutory duty to assess the standard of vehicles it
Licences. This is a significant burden as it impacts on the safety of the public.
The Council could face legal action from any injured third party and would have
to satisfy a court that its system complied with the law and was reasonable
robust fair and appropriate.

4.5 There is power under the Act for a Licensing authority to require the
owner/proprietor to present such a vehicle 'for inspection and testing by or on
behalf of the Council within such period and at such place within the area of the
Council as they may by notice reasonably require'.
However, nothing in the law prevents any vehicle owner from taking a vehicle
anywhere and at any time and having the vehicle tested to MOT standards. The
issue is that if the Council require an inspection and test by notice [prior to
renewal, or at other times specified by age limits or the Licensing Board] then the
law requires that such an inspection is undertaken within the area of the Council.
4.6 A vehicle can be tested 3 times in any year at the cost of the licensee and at any
other time by an authorised officer or police constable.
5.0 Statistical Information
5.1 The numbers of full and partial compliance tests undertaken at the Staniforth
Road testing station is detailed below:
Year Full Tests Partial Tests

" Note. Upheld/Not Upheld through the agreed charter mark complaints
Procedures. Details of complaints and outcomes are attached Appendix D.
6.0 Consultation
6.1 Attached to this report at Appendix E from the current providers of the service are
details of performance indicators, customer satisfaction surveys and complaints
history.
6.2 The report was circulated to the relevant trades associations at the schedule
trades meeting held on the 24th March 2009. The associations were also invited
to attend this hearing.

6.3 Other Core City Local Authorities have been contacted who have both
outsourced and kept the testing of vehicles in house.
6.3.1 Birmingham has five authorised testing centres none of which are Council
controlled. The Licensee has to book the vehicle with the Council and then
books the test separately with any of the five centres of their choice.
6.3.2 Leeds have only one test centre which is controlled by Leeds City Council. Tests
are arranged at the time at the time of renewal.
6.3.3 Liverpool has 32 authorised testing centres. Bookings are made directly with any
of the testing centres.
6.3.4 Bristol has one test centre controlled by the City Council. Bristol Licensing
Section send out renewal notices but the licensee then makes there own
arrangement and books the vehicle test directly with the testing centre.
6.3.5 Manchester has one test centre controlled by the City Council. The licensee is
responsible for booking the test directly with the test centre.
6.3.6 Nottingham has one test centre controlled by the City Council. The Licensee
makes their own arrangements for the test.
7.0 Financial Implications
7.1 The principle governing the operation of the Hackney Carriage and Private Hire
Licensing is the recovery of costs.
7.2 Costs associated with the testing of vehicles are recovered through the charging
Regime that is currently in place. Any new providerls would have to tender
against this base cost.
7.3 Costs associated with tendering and contracting for any external service
would impose additional costs which will have to be recovered from vehicle
licensees.
7.4 Any contract would need to be administered. Costs associated with contract
administration would need to be recovered from vehicle licensees. Currently
officers from Transportation Services, as Council employees, are required to
attend the Board on request. The Board oversee this part of their operation and
the service is administered through Transport Services at no additional cost
to licensees.

8.0 Options
8.1 Note the report and decide to maintain the current system of
Compliance Testing.
8.2 Seek to transfer the testing function to another single testing provider within
Sheffield. There would need to be a tendering procedure and TUPE is likely to
apply.
8.3 Seek to tender for additional testing stations within Sheffield. There would need
to be a tendering procedure and TUPE may apply. Loss of through put of work in
these circumstances is likely to create a redundancy situation.
8.4 The above options are based on the continued operation of the Compliance
Testing regime operated by the Council. If members wish to depart from this
regime they must defer making a decision on this report and request a further
report giving options for testing so that the Board can take an informed decision
on the standards to be applied for the testing of Private Hire and Hackney
Carriage Vehicles in Sheffield.
Mrs. E. Bashforth
Assistant Chief Executive
Legal and Governance
Town Hall
Sheffield
S12HH
Mr. G. Moore,
Head of Facilities Management and Transport Services
Staniforth Road,
Sheffield 9