ALL THINGS LICENSING
• a licensed private hire vehicle while it is being used to carry a passenger for hire.
Importantly this exemption only applies to a PHV driver when they are carrying a passenger. Furthermore, this exemption does not apply to passengers who are required to wear seatbelts, although there are again some exemptions depending on the child’s age.
Any person over the age of 14 must wear a seatbelt to avoid committing a criminal offence. For children between the ages of three and 14 travelling in a licensed vehicle, as the driver is unlikely to be able to provide the correct child car seat, children of this age can travel without a child seat if they sit on a rear seat and wear an adult seatbelt if they’re three or older.
Buckle Guards
Sticking with seatbelts, the use of ‘buckle guards’ has caused some concern amongst school transport providers as there have been example of some local authorities requiring providers to use ‘buckle guards’ for some children whilst being transported under home to school transport contracts with their authority.
A buckle guard is a component that is added to the standard seat belt equipment of a vehicle, in order to prevent the seat belt being released whilst the vehicle is in motion. The concern amongst transport providers is that in the event of an accident, the buckle guard may prevent release of the seatbelt, which may then lead to injury or worse to the child whose seatbelt has been fitted this type of device.
However buckle guards contravene Regulation 48 of the Road vehicles (Construction and Use) Regulations 1986 which prohibits the use of any temporary or permanent obstruction to the buckle of the seatbelt.
Certainly many transport providers will be gearing up to tender for school contracts beginning with the new school year where they may be transporting children not used to this mode of travel, coupled with potentially attending a new school may result in the child becoming anxious or worse during the journey. Therefore transport providers will need to evaluate the risks presented by each child and have conversations with the council and the parents/guardians of the child in question to ensure they can be transported safely without the need for a buckle guard.
PHTM JUNE 2023
Taxis Past and Present
Finishing off by returning back to the PHTM EXPO again, there were taxis, past present and future representing the rapidly evolving industry against a backdrop of the legislative difficulties previously discussed. The IoL stand was opposite the Etioca ‘Miner Taxi’ which certainly generate a huge degree of interest.
However, it was great to have so many members of the trade come to the IoL stand to discuss licensing issues and to sign up for membership of the Institute, recognising the vital importance of being kept informed of licensing matters and of course their own professional development.
For those I didn’t speak to, the IoL is a professional body that represents anyone with an interest in licensing, and as every member of the taxi and private hire trade will either be required to hold a licence or work with someone that does, every member of the trade must therefore have an interest. The IoL is a broad-church organisation which has membership not just with licensing authorities but also membership amongst the trade, suppliers and the legal profession. With such a varied membership, the aim is to bring stakeholders together in order to discuss licensing related issues, increase knowledge and build best practice.
With a cost beginning at just £72 for the year, I would again encourage members of the trade to join the Institute of Licensing’s to keep on top of the latest goings on.
Full details are available at:
www.instituteoflicensing.org.
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