Private Hire Vehicle Licensing Renewal Policy

Roedd y cais yn llwyddiannus.

Dear City of Edinburgh Council,

Today I had my vehicle booked for PHC license annual re-examination. The appointment letter asked for the V5 document and the insurance certificate. Both were supplied to the on the day of test. However the insurance certificate was not accepted and Edinburgh Council did not give me my plates until this an insurance certificate is supplied that allowed Private Hire use.

Having read the Regulatory Committee Licensing conditions update November 2016, under registration and insurance (section 2) it states:

The Licence Holder shall:
(a) hold in their own name the requisite vehicle registration document and a
valid certificate of insurance in relation to the Licensed Vehicle required
by Part VI of the Road Traffic Act 1988 or any other amending legislation
Regulatory Committee Licensing conditions update November 2016

and the Licence Holder shall be required to produce these documents to
an Authorised Officer, the Cab Inspector or Constable at any reasonable
time on request. Where there is more than one Licence Holder, the
vehicle registration document and the certificate of insurance shall be in
the name of at least one of these holders. The Licensed Vehicle
registration document and certificate of insurance must also state the
permanent address of the Licence Holder named in those documents.

(b) ensure that either:
(i) a valid certificate of insurance which shows that insurance cover
is in place for all Drivers of the Licensed Vehicle; or
(ii) a valid cover note on the same basis;

is carried within the Licensed Vehicle to which it relates at all times and
is available for immediate inspection by any passenger being carried
within the vehicle, an Authorised Officer, Cab Inspector or Constable.

Nowhere in the document it states that PHC (business) insurance is required for the examination process i.e. when the vehicle is being tested. I understand that while using the vehicle for private hire you will need this insurance, but cannot understand why for testing this is required. I would like information/documents that states clearly state this requirement.

Yours faithfully,
[name removed]

City of Edinburgh Council

[name removed]

Our ref: 30607

Dear [name removed]

Acknowledgement of Request

Subject: Private Hire Vehicle Licensing Renewal Policy

Thank you for your request for information which was received on 16/12/2020. In your request you asked for the following;

Today I had my vehicle booked for PHC license annual re-examination. The appointment letter asked for the V5 document and the insurance certificate. Both were supplied to the on the day of test. However the insurance certificate was not accepted and Edinburgh Council did not give me my plates until this an insurance certificate is supplied that allowed Private Hire use.

Having read the Regulatory Committee Licensing conditions update November 2016, under registration and insurance (section 2) it states:

The Licence Holder shall:
(a) hold in their own name the requisite vehicle registration document and a valid certificate of insurance in relation to the Licensed Vehicle required by Part VI of the Road Traffic Act 1988 or any other amending legislation Regulatory Committee Licensing conditions update November 2016

and the Licence Holder shall be required to produce these documents to an Authorised Officer, the Cab Inspector or Constable at any reasonable time on request. Where there is more than one Licence Holder, the vehicle registration document and the certificate of insurance shall be in the name of at least one of these holders. The Licensed Vehicle registration document and certificate of insurance must also state the permanent address of the Licence Holder named in those documents.

(b) ensure that either:
(i) a valid certificate of insurance which shows that insurance cover is in place for all Drivers of the Licensed Vehicle; or
(ii) a valid cover note on the same basis;

is carried within the Licensed Vehicle to which it relates at all times and is available for immediate inspection by any passenger being carried within the vehicle, an Authorised Officer, Cab Inspector or Constable.

Nowhere in the document it states that PHC (business) insurance is required for the examination process i.e. when the vehicle is being tested. I understand that while using the vehicle for private hire you will need this insurance, but cannot understand why for testing this is required. I would like information/documents that states clearly state this requirement.

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 19/01/2021 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

[name removed]

[FOI #713327 email]

Our ref: 30607

Dear [name removed]

Freedom of Information (Scotland) Act 2002 - Release of Information

Subject: Private Hire Vehicle Licensing Renewal Policy

Thank you for your request for information of 16/12/2020 where you asked the following:

Today I had my vehicle booked for PHC license annual re-examination. The appointment letter asked for the V5 document and the insurance certificate. Both were supplied to the on the day of test. However the insurance certificate was not accepted and Edinburgh Council did not give me my plates until this an insurance certificate is supplied that allowed Private Hire use.

Having read the Regulatory Committee Licensing conditions update November 2016, under registration and insurance (section 2) it states:

The Licence Holder shall:

(a) hold in their own name the requisite vehicle registration document and a valid certificate of insurance in relation to the Licensed Vehicle required by Part VI of the Road Traffic Act 1988 or any other amending legislation Regulatory Committee Licensing conditions update November 2016

and the Licence Holder shall be required to produce these documents to an Authorised Officer, the Cab Inspector or Constable at any reasonable time on request. Where there is more than one Licence Holder, the vehicle registration document and the certificate of insurance shall be in the name of at least one of these holders. The Licensed Vehicle registration document and certificate of insurance must also state the permanent address of the Licence Holder named in those documents.

(b) ensure that either:

(i) a valid certificate of insurance which shows that insurance cover is in place for all Drivers of the Licensed Vehicle; or

(ii) a valid cover note on the same basis;

is carried within the Licensed Vehicle to which it relates at all times and is available for immediate inspection by any passenger being carried within the vehicle, an Authorised Officer, Cab Inspector or Constable.

Nowhere in the document it states that PHC (business) insurance is required for the examination process i.e. when the vehicle is being tested. I understand that while using the vehicle for private hire you will need this insurance, but cannot understand why for testing this is required.

Q1. I would like information/documents that states clearly state this requirement.

Your request has been processed and considered under the Freedom of Information (Scotland) Act 2002 and the information is provided below. Please accept my apologies for the delay in responding.

A1. The annual compliance test of Licensed Private Hire Vehicles requires that all vehicles and drivers meet the terms of the City of Edinburgh Licence standard conditions for Taxi and PHC vehicles. Whilst not implicitly stated that it is business insurance cover that is required, the condition requires that:

(i) a valid certificate of insurance which shows that insurance cover is in place for all Drivers of the Licensed Vehicle; or

(ii) a valid cover note on the same basis;

is carried within the Licensed Vehicle to which it relates at all times and is available for immediate inspection by any passenger being carried within the vehicle, an Authorised Officer, Cab Inspector or Constable.

A valid certificate of insurance would require Hire and Reward cover to enable it to operate and be licensed on that basis and if not produced, the Private Hire Vehicle Licence plates cannot be issued to enable the vehicle to operate.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information is normally available through the Council’s website and will not include personal details. Unfortunately, at the moment, the disclosure log is only partly available. We hope to have this issue resolved in the near future, after which time, the full response will be accessible via the following link: https://www.edinburgh.gov.uk/homepage/10....

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the:

Information Compliance Team
The City of Edinburgh Council
Waverley Court Business Centre 2:1
4, East Market Street
Edinburgh
EH8 8BG or,
Email: [email address]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please quote the reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website: www.itspublicknowledge.info/Appeal
Email: [email address]

Yours sincerely,

Iain Burden
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk