THE ISSUE IS GROWING


Whilst we do not agree that there is a connection between the two products, we have to accept that installing CCTV is a lot cheaper than changing windows, does not undermine M1 type approval, AND offers far greater protection for drivers by not only providing a deterrent, but by providing evidence and or defence if things do go wrong, completely the opposite to changing glass which offers none of the above.


OTHER ISSUES WITH THE GUIDANCE SAFETY AND DISCRETION


What we are seeing is that the provision of services for children with special educational needs (SEN) are being impacted due to the fact that many of those children are from foster homes and childrens’ homes, or they may come from separated parents where one of the parents may have been abusive. In such situations the ability to provide a vehicle with slightly darker glass is essential as the abusive parent may be looking out for the child, refusal to allow this protection becomes a safe-guarding issue.


There are various other scenarios such as young lone females trying to get home safely but suspect that they are being followed.


POSSIBLE SOLUTIONS?


Many local authorities around the UK including South Ribble, Vale of White Horse, and many others have allowed vehicles with darker tinted windows to be licensed on the condition that CCTV is installed, providing evidence of incidents as opposed to being able to “see” incidents taking place by having clear glass, although you cannot see into a vehicle at night whilst passing regardless of the window type.


In 2016 a judicial review was launched against Rossendale council about new tinted window restrictions, mandatory CCTV and reducing the entry age limit of vehicles, Rossendale council suggested that they would remove the tint restriction because they were having CCTV, this offer was rejected at the time since CCTV was also part of the judicial review and had not been accepted, funding was then put in place to resolve the CCTV aspect, a mutual consent order was then agreed.


PHTM OCTOBER 2024


We saw other issues with the DfT guidance, which have also been identified by some other local authorities, including:


l A child under three does not need to wear a seatbelt and should therefore not be counted towards number of occupants in the vehicle for licensing purposes. This is simply not the case - they have a head they have a bum they are a person and must be counted as such, failing to do so would be a breach of the Road Traffic Act and would also invalidate insurance policies.


l Group 2 medicals - the way the guidance has been written suggests that the driver would potentially have to undergo Group 2 medical testing six times within a ten-year period.


There are other minor issues with the guidance but overall, it’s a very well drafted document which echoes many of the views that stakeholders had expressed within the consultation responses.


Referring to children not being counted as a passenger for licensing purposes, we have seen this mirrored in some local council byelaws where they might state:


“The driver may not allow a greater number of people to be transported in the vehicle than the number shown on the licence plate, however for this purpose a child under the age of 14 shall be counted as half”.


We are of course aware that byelaws must be approved by the Secretary of State, many have not been updated since the 1970s rendering them severely out of date, but to see this echoed within the latest government guidance is surprising to say the least.


We have been advised that the Group 2 medical section has been or will be amended.


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