Call Sign January 2006 - Page 5 - CONDITIONS OF FITNESS REVIEW

CONDITIONS OF FITNESS REVIEW

The PCO Conditions of Fitness review was completed and revealed on Thursday 15 December when the appeal by Allied Vehicles Ltd was overruled. Below are some relevant points that will have contributed to the decision. A separate article can be found elsewhere in this issue.
Under the heading: Procedure to be followed by manufacturers and owners of motor taxicabs for use in London, the PCO website says:
Before constructing any new type of motor taxicab, manufacturers are advised to study the Conditions of Fitness and to send to the Chief Inspecting Officer, Public Carriage Office, 15 Penton Street, N1 9PU, dimensioned drawings or blueprints, together with detailed specifications of the proposed vehicle for advice as to its general suitability for public service in London. It is also advisable to arrange for a preliminary inspection of the vehicle either with or without the body.

Background to the Report
(a) Section 253 and Schedule 20 of the Greater London Authority Act 1999 provide the legislative framework for TfL’s powers and duties in relation to the regulation of hackney carriages in Greater London. The discharge of the functions relating to these provisions, the legislation there referred to and any subordinate legislation is delegated to the Chief Officer with responsibility for the Public Carriage Office (the PCO) and with his/her written consent, to Senior Officers responsible to that Chief Officer with responsibility for the PCO.
(b) Article 7 of the London Cab Order 1934, made under section 6 of the Metropolitan Public Carriage Act 1869 (as amended), enables the PCO to refuse to grant a taxi licence if the applicant fails to satisfy it, amongst other things, that the taxi in respect of which the application is made conforms to the Conditions of Fitness from time to time laid down by the PCO. The CoF are intended to ensure that all taxicabs operating in London are safe and fit for purpose.
(c) In 2002, the PCO undertook a full review of the Conditions of Fitness, culminating in a decision on 4 June 2003 which made some changes and left other conditions unaltered (PCO Notice 10/03 dated 4 June 2003).
(d) Allied Vehicles Limited, a supplier of vehicles modified for use as a hackney carriage, the Peugeot E7, which are sold and licensed as such in various cities and towns in

the United Kingdom, challenged three aspects of the Decision, namely:
1. Dimensions relating to turning circle
2. Sliding doors, if fitted, to be power operated
or power assisted (with emergency over-ride)
3. One-piece whole width rear window.
(e) Allied commenced Judicial Review proceedings on 12 September 2003 claiming that the PCO’s decision was unlawful "as a result of the inclusion of the turning circle requirement and the sliding doors and ‘one piece whole rear window‘ requirement." On 29 September 2003, the PCO announced its decision to reconsider the three Conditions set out above. Allied agreed to a consent order withdrawing their claim pending the outcome of the reconsideration on terms of reference scheduled to the order (see Terms of Reference dated 29/9/03). The Terms of Reference contained three headings, one relating to each of the Conditions to be reconsidered. Very recently, Allied questioned whether it was appropriate for the PCO to make the decision and suggested that the Transport for London Board would be more appropriate as they were less involved in the process to date and should be in a position to take a dispassionate, more balanced and objective view about the evidence that has been gathered. The relevant functions have been conferred by Parliament on TfL together with the power to delegate these functions. The TfL Board has reserved certain matters to itself, which does not include those referred to in paragraph (b) above.
The PCO has been very clear throughout the reconsideration process that it would be making the decision. At a late stage in the reconsideration process, it was suggested by Allied that the scope of the review should be widened to include all Conditions, which might in principle constitute a barrier to entry into the market.

The biggest problem was re the turning circle. The CoF state that:
7 (1) The vehicle must be capable of being turned on either lock so as to proceed in the opposite direction without reversing between two vertical parallel planes not more than 8.535 metres apart.
(2) The wheel turning circle kerb to kerb on either lock must be not less than 7.62 metres in diameter.
The PCO added: These requirements are essential to ensure maneuverability necessary for a cab in London, e.g., where ranks may be sited in the centre of the road, at hotels and other restricted sites and where passengers hail the cab from the opposite side of the roadway.

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