Hackney Carriage and Private Hire Vehicle Tests 2021 - "Allerdale - a great place to live, work and visit"

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Hackney Carriage and Private Hire Vehicle Tests 2021 - "Allerdale - a great place to live, work and visit"
Hackney Carriage and Private Hire
              Vehicle Tests 2021

     “Allerdale – a great place to live, work and visit”
About Allerdale Borough Council
Allerdale is located in West Cumbria bordering the Solway Firth and Irish Sea as well
as Carlisle and three district councils. The Borough has a population of
approximately 96,000 and is predominantly rural in nature.

In the north of the Borough settlements are small and dispersed while the south
contains the main urban centres. Approximately two thirds of the population live
within six large settlements of Workington, Maryport, Cockermouth, Wigton, Aspatria
and Silloth

Allerdale Borough Council’s vision for Allerdale is to be “a great place to live, work
and visit”.

The priorities and objectives for the area are set out in the Allerdale Council Strategy
2020- 2030

A Financially Secure Council - It is vitally important that the Council addresses a
future projected funding gap to make sure that the authority can continue to deliver
services to communities and make vital improvements to the area.

Outstanding Local Services – The Council is committed to reviewing and
redesigning processes to provide a better service to customers.

Thriving Towns and Villages - The Council will ensure towns and villages are the
heart of the community.

Invest to Grow- The Council will invest in commercial opportunities and bring money
into Allerdale and the Council.

A Cleaner Greener Allerdale – The Council is committed to clean streets, recycling
and ensuring we consider sustainable approaches and use of technology in all
activities.

Resilient Communities – The Council is committed to everyone having the
opportunity to live a healthy and happy life regardless of where they live in the
district.
Specification
Specification for testing of vehicles for use as Hackney Carriage and Private
Hire Vehicles

The legislation that deals with these tests is the Town Police Clauses Act 1847 and
the Local Government (Miscellaneous) Provisions Act 1976. This requires the Local
Authority to ensure that vehicles used as Hackney Carriage and Private Hire Vehicles
meet certain criteria.

There are currently approximately 140 Hackney Carriage Vehicles and 53 Private Hire
Vehicles licensed with the authority, which require testing on an annual basis. Vehicles
four years and over are tested every six months. The Council can require a vehicle to
be tested up to three times yearly and there is a proposal to increase testing to three
times yearly for vehicles aged four years and over subject to Licensing Committee
approval. Currently 143 of the vehicles licensed by the Council are aged four years
and over. The Council reserves the right to change the frequency of the number of
tests depending on council policy and guidance. The Council may consider appointing
more than one testing station.

In addition to regular tests and re-tests, there is a requirement on occasion to carry
out short notice tests, e.g. spot check by officers, presenting vehicles after test to
check on bodywork or livery within 10 days, accident repair and tests for courtesy cars
which replace accident vehicles.

The Council regularly reviews its policy and conditions of application and licences.

The test should be pre-booked and requires a tester to examine the vehicle and give
an indication whether it meets the standard required for the safe carriage of fare paying
passengers.

Proformas are provided separately, which structures the tests and assists the
examiner to ensure that all the items shown thereon are checked. The inspection
proformas are to be submitted to the Licensing Authority electronically on the day of
the test. A proforma must be issued for all tests whether pass or fail. Detailed reasons
for failure should be recorded together with photographs if appropriate in line with the
DVSA “Categorisation of vehicle defects” document or any superseding of this
document (www.gov.uk/government/publications/categorisation-of-defects). This will
assist in any complaints, appeals or legal process. The contractor must have
appropriate record-keeping and data protection policies.

The tests should follow the format shown below:

1.     Carry out test to MOT standard

      This is self-explanatory. (Some operators may also ask for a MOT certificate
      which can be supplied at an additional charge). The testing station must have
      and maintain a Ministry of Transport testing authorisation.

2.    Condition of spare wheel and tyre
The use of a space saver tyre (or similar emergency tyre) is only to be used in
     cases of emergency and then only to enable the vehicle, trailer and passengers
     to travel to the nearest available garage where the normal road tyre can be
     repaired.

3.   Condition of bodywork and interior

     Under this section, the examiner is required to check the whole of the body
     work and interior for rust and dents. Single scratches or groups of scratches
     will not necessarily cause the vehicle to fail the test unless the paint film has
     been broken and rusting is evident. A small dent is deemed to be a dent no
     larger than 2.5 inches (65mm), for guidance the size of a tennis ball. A single
     small dent will not cause the vehicle to fail the test unless the paint film has
     been broken and rusting is evident. If multiple small dents are present the
     tester must fail the vehicle if the dents detract from the overall appearance of
     the vehicle. Stone chips will not cause the vehicle to fail the test unless the
     paint film has been broken and rusting is evident. Vehicles with rust spots
     other than ‘scratches’, ‘small dents’ or ‘stone chips’ but not noticeable to
     passengers using the vehicle in the normal course of business will fail the test
     if:

           The metal is corroded and unable to withstand ‘thumb’ pressure without
            crumbling or permanent distortion;

           Perforation of the panel is due to corrosion from the underside of the
            panel.
     In all cases any rust that detracts from the overall appearance of the vehicle
     will result in a fail or any sharp edges likely to cause injury
     The colour of the paintwork must be compatible with its use as a hire vehicle.
     Check for poor repair or paint match. A single area of flaking paint or lacquer,
     no larger than 2.5 inches, will not cause the vehicle to fail the test. Multiple
     areas of flaking each no larger than 2.5 inches will cause the vehicle to fail if
     they detract from the overall appearance of the vehicle.
     The examiner should also check the condition and security of all seats,
     condition and security of floor coverings and that any interior lights are
     operational.

4.   Licence plate fixed in correct position

     In the case of all tests with the exception of the initial grant, the examiner should
     check that the licence plates are clean and in good condition and are securely
     fixed to the front and rear of the vehicle on or near to the bumper.

5.   Fire extinguisher
The check should ensure that there is a full fire extinguisher in an accessible
      position in the vehicle, that it is numbered and meets the current safety
      standards.

6.    First aid box

      The examiner should check that the first aid box complies with the Community
      Bus Regulations of 1978 and that it is numbered.

7.    External mounted rear view mirrors

      These should be in good condition and securely fixed to the bodywork on both
      sides of the vehicle.

8.    Interior rear view mirror

      This should also be securely fixed and in good condition.

9.    Estate cars

      The test should ensure that the grill/net between the luggage and passenger
      compartment is secure so as to prevent articles falling on passengers.

10.   Minibuses

      These vehicles should be constructed/adapted to carry not more than eight
      passengers and the test proforma requires that the number of passenger seats
      in the vehicle should be noted.

11.   Taximeter Fitted

      The taximeter should be fitted and working in all Hackney Carriages and must
      comply with Byelaw 4 as contained in the attached copy of conditions.

12.   Table of Fares Exhibited

      A current table of fares should be displayed in all existing Hackney Carriages
      (all tests with the exception of the initial grant).

13.   No unauthorised signs displayed

      A Hackney Carriage must carry a roof sign saying ‘Taxi’ which may be
      illuminated. An appropriate telephone number on the rear of the sign is
      permitted. No other form of advertisement is allowed unless by written prior
      consent of the Council. In the case of all tests with the exception of the initial
      grant, the vehicle must display the Council’s stripes along its length. Private
      hire vehicles must not carry any signs without written prior consent of the
      Council. No smoking signs must be displayed in each vehicle. These must be
      a minimum of the red and white no smoking symbol at least 70mm in diameter.
      Most vehicles should have one in the rear compartment and it is recommended
      to have one in the driver’s area.
14.   General

      (a)    The vehicle must have at least two doors for the boarding and alighting
             of passengers in addition to a separate door for the boarding and
             alighting of the driver and it must be fitted with at least four road wheels
             and be a right hand drive vehicle.

      (b)    The vehicle must have an engine of an adequate capacity for the loads
             to be carried. Generally, vehicles with engine capacities of 1500cc or
             more would comply with this provision.

      (c)    The vehicle must have a luggage compartment adequate to contain
             luggage for each of the passengers it is authorised to carry.

      (d)    The positions of the front seat or seats are capable of being set so as to
             ensure adequate leg room for passengers occupying the rear seats. Not
             more than one passenger may be accommodated in the front of the
             vehicles next to the driver (apart from some minibuses/people carriers)
             where two separate seats and means of restraint are provided.

      (e)    The design of the vehicle is such that seat widths should be at least 16
             inches per person and that passengers of average height, when
             occupying seats, have adequate headroom.

      (f)    Door apertures are of adequate size to permit the easy movement of
             passengers when they are boarding and alighting. Door catches must
             be such that they are secure at all times whilst being capable of easy
             operation by passengers.

15.   Examine any safety features as per manufacturer’s specification.

16.   Examine the service history/maintenance schedule for vehicles four years and
      over to ensure it is sufficient.

These requirements may change depending on council policy and national guidance.

Any vehicle not complying with 14(a) should not be tested without first consulting with
the Licensing Department.

Use of Trailers

(a)   No licensed vehicle may tow any trailer until it has undergone a test and is
      deemed suitable. A proforma is provided separately.

(b)   In all tests with the exception of the initial grant, the examiner should ensure
      that a licence plate is affixed to the rear of the trailer and is clean and in good
      condition.
Further Information/Requirements

  1.    The contractor should also be able to demonstrate that they are able to
        provide and maintain the relevant resources to carry out the tests and that
        all pre booked tests will be honoured. Refusal to test in line with
        requirements stipulated by the DVSA for MOTs is expected. The contractor
        must have a robust policy for dealing with late arrivals or people presenting
        incomplete paperwork or other reasons for refusing to test a vehicle. To
        check the age of the vehicle the V5 vehicle registration document must be
        provided. Service history/maintenance for vehicles four years and over must
        also be examined and verified as sufficient. Documentation/invoices must
        contain reference to the vehicle being tested such as vehicle registration
        number. Particular care should be taken with private registrations as these
        are frequently changed from one vehicle to another.

  2.    Tests must be carried out within three working days of booking. In the case
        of failed vehicles and emergencies, e.g. accident damage, a next working
        day service must be available. It is imperative that the Contractor minimises
        the time that a business is off the road due to an accident.

  3.    Supporting evidence requirements – In respect of defects found it is
        necessary to record and retain evidence. This should be in line with DVSA
        “Categorisation of defects” guidance. This will assist in the event of
        complaints, appeals or legal proceedings. The contractor must maintain
        these records in accordance with data protection requirements.

  4.    The Contractor must inform the Licensing Authority immediately of any
        vehicles which are found to have dangerous items as this may result in the
        immediate suspension of the vehicle.

  5.    Results of inspections carried out by external agencies for example on
        equipment or the management of the MOT station must be submitted to the
        Licensing Authority within seven days.

  6.    All tests must be carried out to a satisfactory standard in accordance with
        the specification. The contractor must have a robust procedure in place to
        show how they review/maintain the standard of testing with relevant staff
        including any policies. This should include conflicts of interest such as
        testing family and friends’ vehicles. The appointed station(s) may be
        inspected without prior notice. Any breach of contract may be dealt with by
        verbal or written warning or termination of the contract.

  7.    The Contractor must have a comprehensive rust/bodywork policy which is
        clear for the Council and for applicants to understand, in line with point 3 of
        the specification for tests.
8.    The Licensing Authority must be notified of any complaints the contractor
      receives about a taxi/private hire test within two working days of receipt of
      that complaint.

9.    The Council must be informed in writing and consent obtained if facilities
      situated elsewhere are required to be used to enable a test or part of test
      (e.g. for stretched limousines).

10.   If for any reason the contractor cannot provide a test facility, it must inform
      the Council in writing giving 28 days’ notice of a suitable alternative provider.
      The Council reserve the right to recover any financial loss arising from the
      contractor’s failure to provide the service or give adequate notification.

11.   If an alternative test facility is provided, as required by the business
      continuity plan, it must fulfil the same requirements as the primary testing
      station and provide the same policies and procedures outlined in this
      specification.

12.   All relevant Health and Safety legislation must be complied with and a robust
      health and safety policy must be in place.

13.   The contractor should have policies (and updates/amendments to policies)
      in place, which deal with issues such as complaints, business continuity,
      health and safety, maintaining equipment and tester standards including
      conflicts of interest, compliance with GDPR etc. This is not intended to be
      an exhaustive list. Policies must be regularly reviewed and updated
      documents provided to the Council.

14.   The contractor will need to indemnify the Council against claims/liabilities
      arising from the service provided to the Council. This is to be supported by
      having a minimum of £10 million public liability insurance, evidence of which
      will be required prior to the commencement date of the contract.
      Updated/renewed insurance documents must be submitted to the Council
      within seven days of receipt.

15.   The contractor must be an authorised vehicle test station to conduct MOT
      tests for the lifetime of the contract and adhere to the DVSA VTS guidance
      document (https://www.gov.uk/guidance/manage-your-mot-centre) or any
      guidance document that supersedes this. Results of any inspections carried
      out by the DVSA must be submitted to the Licensing Authority within seven
      days.

16.   For the duration of the contract the appointed station(s) must inform the
      Council immediately of any warnings or disciplinary action being taken by
DVSA. The DVSA may be consulted throughout the contract for updated
          information.

   17.    As this tender is in respect of the supply of a significant service for the
          Council, the loss of which would impact on the Council’s ability to deliver
          services, robust business continuity arrangements are essential.
          Contingency arrangements must be in place in the event that the premises,
          equipment, examiners or other facilities were to become unavailable for use,
          e.g. in the event of Force Majeure.

   18.    Verification of examiners’ qualifications will be required prior to the
          commencement of the contract. Notification of examiners starting or leaving
          the contractor’s employment is required so that the qualifications can be
          checked and the Council can be satisfied there remains a sufficient number
          of testers. Qualifications and refresher training as required by DVSA to
          comply with MOT testing regulations must be adhered to.

   19.    Any disputes will be resolved by the appropriate Committee of the Council.

   20.    Re-tests in terms of time elapsed, items to be checked and fees chargeable
          will be subject to the same guidance as stipulated by the DVSA for MOTs
          with the addition that if a vehicle has done in excess of 150 miles since the
          initial test it will be subject to a full test and fee.

   21.    It is proposed that the contractor will be responsible for testing as from 1
          June 2021 for a period of five years.
   22.    The contractor must be a DVSA garage within the area of Allerdale (s50(1)
          Local Government (Miscellaneous Provisions) Act 1976).

   23.    Ad hoc monitoring of tests throughout the duration of the contract will take
          place together with examination of policies and any updated documentation.

   24.    The contractor will adhere to the pricing schedule provided subject to annual
          increases based on inflation being permitted, together with increases due to
          changes in legislation requiring investment in new equipment. The
          contractor will inform the council of any price changes at least 28 days
          before they are due to come into force.

The following supporting information is attached:

   1.     Copy of conditions and terms of licence for hackney carriage and private
          hire vehicles;
2.   Hackney Carriage and Private Hire Vehicle Age Policy;

3.   Test proformas for vehicles and trailers. Copies of the completed test
     proformas must be given to the proprietor and the Licensing Authority and
     one must be retained by the contractor. The Council may introduce an
     online procedure for submission of test proformas in the future.

4.   Table of Fares for Hackney Carriage Vehicles.
1.1   Contract term

      The Authority proposes to enter into one Contract for a maximum period of five years
      with the Contractor (Service Provider).

      The Contractor will be required to comply with the Key Performance Indicators as
      outlined in the Contract.

      The anticipated service commencement date is 01/06/2021.
Key Performance Indicators
KPI – People in place (Delivery)
All supplier resources delivering services for the contracts are performing to the
expected standard for the skill-set supplied and/or all facilities are to the expected
standard.
Measurement
External        inspections Minor         issues     or Persistent and/or major
demonstrate no areas of recommendations noted issues with quality of
concern.                 No with         quality     of work/standard                of
recommendations noted work/standard                  of inspection/facilities noted.
with        quality       of inspection/facilities.
work/standard             of
inspection.

No            substantiated     Minor         substantiated       Persistent and/or major
complaints received in          complaints      noted        in   substantiated complaints
respect of quality of work,     respect of quality of work,       noted in respect of quality
professionalism/customer        professionalism/ customer         of work, professionalism/
service or state of facility.   service or state of facility.     customer service or state
                                                                  of facility.

Good communication with Minor issues regarding                    Major/persistent       issues
the Council in respect of communication with the                  regarding communication
test outcomes.            Council in respect of test              with the Council in respect
                          outcomes, e.g. delays in                of test outcomes, e.g.
                          submitting test sheets.                 failure to inform the Council
                                                                  of a major item which
                                                                  renders         a     vehicle
                                                                  dangerous.

Appropriate adherence to        Minor issues in respect of        Major and/or persistent
the      standards   and        adherence       to      the       issues in respect of
guidance       set  both        standards and guidance            adherence       to      the
externally, and by the          set both externally, and by       standards and guidance
Council in respect of           the Council in respect of         set both externally, and by
vehicle tests.                  vehicle tests.                    the Council in respect of
                                                                  vehicle tests.

Supplier     skills/facilities Minor issues with the Significant issues with the
meet     the      standards quality of work/standard of quality of work/ standard of
expected.                      facilities noted in a month. facilities noted in a month.

Source: Allerdale Contract Manager
Frequency of check: Quarterly
Owner: To be agreed
Supporting documents
  1. Copy of conditions and Terms of Licence for hackney carriage and private hire
     vehicles.

  2. Hackney Carriage and Private Hire Vehicle Age policy.

  3. Test proformas for vehicles and trailers. Copies of the completed test proformas must
     be given to the proprietor and the Licensing Authority and one must be retained by the
     contractor. The Council may introduce an online procedure for submission of test
     proformas in the future.

  4. Table of Fares for Hackney Carriage Vehicles.
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