Agenda item

Consideration was given to a report requesting that members consider the proposed amendment to the provisions within the taxi licensing policy in relation to tinted windows.

The Council’s Licensing Administration Team Leader advised that the Council’s current taxi licensing policy was introduced in 2019, since when there had been a requirement that all rear windows had an allowance for a minimum of 35% light transmission through them. 

Members’ attention was drawn to paragraph 2.3 of the report which stated that during a consultation it was found that there was no evidence to suggest that public safety was compromised by vehicles having tinted windows or privacy glass.

At recent trade meetings, an issue had been identified when trying to purchase new vehicles that met the Council’s trade requirements, it was difficult to find ones that did not have factory fitted tinted windows.  As a result, the condition within the Council’s policy had been reviewed and it was recommended that the current condition be removed and to be replaced with a condition that allowed vehicles to have tinted windows and privacy glass provided it was to the manufacturers original specification and fitted at the time of manufacture.

The following recommendation had been put forward by officers:

c) Remove the current condition and allow all vehicles to have tinted and

privacy glass in the rear passenger windows. If this option is favoured then

there is a further decision to determine whether vehicles

(i) can only have factory fitted tinted/privacy windows and not aftermarket tinting

Councillor Brown asked if there had ever been any safeguarding issues in relation to tinted windows and for what reasons would a driver make their windows more tinted than those that were factory fitted.

The Licensing Administration Team Leader stated that as far as he was aware, within Newcastle and the wider area there had been no issues with safety implications.  In terms of the reasons for wanting tinted windows, it could be that they like that style or wanted to do something against public safety.

Councillor Sweeney agreed with the officer recommendation at 5 (c ) i as most newer cars now came with tinted windows as standard.

Councillor John Williams asked what percentage determined a tinted window and blackout window.

The term tinted or blackout was used for windows that were darker than that which was legally permissible for the front windows.  In law there was a specific level of light that had to be able to be transmitted through the front windscreen, driver and passenger windows but there was no legal requirement for any windows in the rear half of the vehicle.

The Chair asked for clarification as she believed it to be anything up to 30% for factory fitted windows.  Taxi drivers could no longer have a vehicle older than 7 years and therefore, all new vehicles would have tinted windows.  Therefore it would be unjust and at odds with the Council’s policy.

It was confirmed that there were some newer vehicles that did meet the Council’s policy, however the majority of vehicles did not and was therefore becoming increasingly difficult for Members of the trade to purchase new vehicles that met the Council’s policy criteria. 

The government guidelines for light transmission in vehicles was that the front windscreen had to let in 75% of light and front side windows had to let in at least 70% but there was no rule for the other windows.

The Chair stated that it was unfair to put that burden onto taxi drivers to find vehicles that fulfilled the Council’s policy and agreed that the officers recommendation above was the ideal one.

Councillor Gill Williams agreed that blacked out windows would be fine for chauffeur driven vehicles but not for taxis as they carry vulnerable people.

The Chair asked for clarification that the report was not asking for completely blacked out windows within the recommendation.

The Licensing Administration Team Leader stated that the recommendation would allow for that as long as they were factory fitted.

Councillor Hutchison referred to paragraph 2.4 which stated that drivers were finding it difficult to source vehicles which complied with the Council’s guidelines and were therefore going elsewhere but operating within this area.

Councillor John Williams agreed with tinted windows but not with blacked out windows for passenger safety reasons.  Councillor Sweeney agreed with the comments in respect of fully blacked out windows and suggested that a clause be added that the tinting must be ‘x’% or less.  The Chair also agreed with this asking that it be limited to 30% which was the norm and not have the blacked out windows.

The Licensing Administration Team Leader stated that this could be looked at in terms of compromise but would need to look at the specifications of various manufacturers before offering a percentage and then bring a report back to this committee with an amended recommendation.

Resolved:     That the Licensing Administration Team Leader look at the specifications of various manufacturers and bring a report back to this committee with an amended recommendation.

Watch the debate here