Department for Transport issues guidance on licensing motorcycles as PHVs

The Department for Transport has published a guidance note for licensing authorities who want to license motorcycles as private hire vehicles.

The note includes best practice advice about assessing applications for motorcycle PHVs and attaching conditions to licences.

The DfT said that in drawing up the guidance, it recognised that there was a balance to be struck between the flexibility provided by motorcycle PHVs and the safety risks associated with the vehicles.

It added that it was also mindful of the 2006 judgment in Leeds City Council v Chauffeur Bikes Ltd, when the High Court held that a motorcycle could be in a safe condition for a motorcycle but it could still, for safety reasons, be judged to be unsuitable in type, size or design for use as a private hire vehicle.

The Department said that leaving aside the Leeds judgment for the moment, its starting point was to take account of the main thrust of the taxi/PHV Best Practice Guidance which urges licensing authorities to accept for licensing as wide a range of vehicles as possible and to ensure that any constraints or restrictions are in place "for a very good reason".

It added: “The Department would want to be convinced that there was strong evidence and compelling reasons if we were to provide guidance which advised licensing authorities not to accept motorcycles as PHVs. After all, such guidance, if accepted by licensing authorities, would mean putting a number of established operators out of business.”

The DfT said it did not consider that there was a compelling case for ruling out motorcycles as PHVs on safety grounds.

“It is in the nature of this sort of niche market that passengers will weigh up the risks involved and act accordingly,” the note said.

“Many people would never choose to use motorcycle PHVs because of the risks they perceive whereas others regard riding pillion as a convenient and practical form of transport.”

The DfT said: “The Department’s key point is that the risks associated with riding as a pillion passenger on a motorcycle are not sufficiently high as to provide guidance which rules them out of the licensing system altogether.”

The Department said the Leeds case did not automatically rule out the licensing of motorcycles as PHVs.

“Whilst licensing authorities clearly must follow the principles established by the High Court in this judgment, we would urge them to consider applications in the light of their available powers to ensure adequate standards are met and the sorts of risks identified by the Court are mitigated,” the guidance note said.

A copy of the guidance note can be downloaded here.

Philip Hoult