Hackney Carriage and Private Hire terms and conditions

Birmingham City Council

These terms and conditions apply to all Applications submitted to the Council on or after 9 February 2021.

BETWEEN

  1. Birmingham City Council of Council House, Victoria Square, Birmingham, B1 1BB (“the Council”), and
  1. “the Applicant” as named in the Application);

Clean Air Zone Taxi and Private Hire Vehicle Incentives: General Terms and Conditions

These terms and conditions apply to the Birmingham City Council (BCC) Clean Air Zone (CAZ) Taxi and Private Hire Vehicle (PHV) Incentives. By applying to be considered for a Taxi or PHV Incentive the Applicant agrees to the following terms and conditions.

Glossary of terms

In these terms and conditions, the following words will have the following meanings:

Agreement means a completed Application submitted to Birmingham City Council;

Applicant means the person applying for Grant Funding under a CAZ Incentive scheme being either the legal owner or the Registered Keeper acting with permission of the legal owner;

Application means these terms and conditions together with a completed Application Form submitted through the Council’s website, including subsequent amendments to information provided by an Applicant made in writing to the Council, and any schedules and documents referred to;

Application Form means the form for to apply for grant funding to be completed by the Applicant

Approved Supplier means an organisation with a Retrofit Solution which is approved by the Clean Vehicle Retrofit Accreditation Scheme (CVRAS) and has that solution listed on the CVRAS website (https://energysavingtrust.org.uk/transport/cvras-approved-suppliers);

Business Day means any day from Monday to Friday (inclusive) which is not Christmas Day, New Year's Day, Good Friday or a statutory bank holiday;

CAZ Incentive means either a CAZ Taxi Incentive or a CAZ PHV Incentive depending on an Applicant’s chosen option in their Application;

CAZ Taxi Incentive means a financial incentive provided for the purposes of reimbursing a Birmingham City Council registered Taxi driver in relation to the vehicle upgrade options set out in Schedule 1;

CAZ PHV Incentive means a financial incentive provided for the purposes of reimbursing a Birmingham City Council registered PHV driver in relation to the vehicle upgrade options set out in Schedule 2;

Clean Air Zone (CAZ) means the area in Birmingham shown shaded yellow on the Clean Air Zone Plan, the boundaries of which are defined in the map included in Annex 1;

Compliant Vehicle a vehicle which meets the standards required of a compliant vehicles for the purposes of a CAZ Incentive if the vehicle is:

  1. an electric vehicle;
  2. a positive ignition vehicle that as a minimum meets the Euro 4 standards for that specific vehicle; or
  3. a compression ignition vehicle that as a minimum meets the Euro 6 standards for that specific vehicle.

Data Protection Legislation means the Data Protection Act 2018 and Regulation (EU) 2016/679, the General Data Protection Regulation as amended from time to time or any national replacement for such legislation;

Eligibility Criteria means the criteria the Applicant must successfully meet to the Council’s satisfaction to be eligible to participate in the CAZ Incentive scheme as set out in Schedules 1 and 2;

Euro 4 means the emissions limit values set out in the rows corresponding with Category B in the first of the tables at section 5.3.1.4 of Annex I to Council Directive 70/220/EEC

Euro 6 means the emissions limit values set out in Table 2 of Annex I to Commission Regulation 715/2007 of 20 June 2007;

Grant Approval Letter means the letter sent by the Council to the Applicant confirming the Applicant is eligible for a CAZ Taxi Incentive or CAZ PHV Incentive in relation to this scheme and the process the Applicant needs to follow to receive the Grant Funding;

Grant Funding means any funding provided to an Applicant in relation to a CAZ Incentive;

Non-Compliant Vehicle means a vehicle which fails to meet or exceed the standards required of a Compliant Vehicle;

Parties means the Council and the Applicant and “Party” means either of them;

Personal Data has the meaning given to it by Data Protection Legislation;

PHV means a vehicle which is operated as a Private Hire Vehicle with a valid PHV Licence;

PHV Licence means the vehicle licence issued by Birmingham City Council in accordance with section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

Private Hire Operator Licence means the licence granted to by the Council for the purpose of operating a PHV.

Registered Keeper means the person named in section five of a vehicle’s V5C Registration Document;

Retrofit Solution means a system available from an Approved Supplier which, when installed in a Non-Compliant Vehicle, improves the emissions of that Non-Compliant Vehicle such that the vehicle emissions then meet those required of a Compliant Vehicle.

Taxi means a vehicle which is operated as a Hackney Carriage with a current Taxi Vehicle Licence;

Taxi Vehicle Licence means the one year vehicle licence issued by the Council in accordance with section 6 of the Metropolitan Public Carriage Act 1869;

Taxi Operator Licence means the licence granted by the Council for the purpose of operating a Taxi.

Ultra-Low Emission Vehicle (ULEV) means a vehicle that emits less than 75g of carbon dioxide (CO2) for every kilometre travelled.

V5C Registration Document means the V5C or vehicle registration certificate registered with the Driver and Vehicle Licensing Agency which contains essential information about a vehicle registered in the UK;

  1. By agreeing to these terms and conditions the Applicant confirms that it  has been granted permission by the legal owner(s) of any vehicles that are referenced in the Application, to provide the details of those vehicles and claim funding in respect to those vehicles, in relation to any CAZ Incentive.
  2. The Applicant agrees that any information provided may be cross referenced with other databases of information that the Council holds, and namely the Taxi and PHV licensing database, such that the Council may verify the information provided by the Applicant and any changes to the vehicles referenced in an Application against the Council’s records.
  3. The rights and responsibilities under these terms and conditions are for the Parties’ benefit only and are not intended to benefit anyone else or be enforceable by anyone else. No person other than the Parties shall have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions.
  4. The CAZ Incentives will run for as long as funding is in place, the Council reserves the right to increase or decrease the amount of funding available and to end one or more of the CAZ Incentives at any time.
  5. The Council reserves the right to change terms and conditions and will inform the Applicant beforehand of any significant changes. The Council will not contact the Applicant about other changes to the terms and conditions that the Council does not feel are significant.
  6. If the Council fails to enforce any of its rights under this Agreement, it does not mean the Council will not have the right to enforce them in the future.
  7. Both Parties agree that they will not pass on any confidential information to anyone else unless there is a right or obligation to do so by law or if both Parties agree.
  8. The Applicant is responsible for:
    • providing the Council with correct and accurate information in order that the Council can assess their Application against the Eligibility Criteria and notifying the Council of any changes to that information;
    • reading, acting on and where required responding to all emails and letters the Council sends to the Applicant regarding an Application;
    • making sure that mailbox settings for emails, including spam filters, allow the receipt of emails from the Council; and
    • making sure that correct contact details are registered with the Council and that the Council is promptly informed if those contact details change.
  9. The Applicant agrees that the Council is not responsible if the Applicant fails to read and act upon any correspondence the Council sends to the Applicant.
  1. The Applicant agrees to receive communications related to this Agreement and an Application from the Council electronically.
  1. The Applicant agrees to not send the Council any material that is illegal, offensive, abusive, defamatory, menacing, or which would breach copyright, trademark, confidence, privacy or any other right. This also includes material which may contain software viruses, political campaigning, advertising for business, chain letters, mass mailings or 'spam'.

Notices

  1. Any notice the Council gives under this Agreement may be sent to the address provided in an Application or through other correspondence and may include items sent via the post, by email, or any other electronic transmission.
  2. A notice the Council sends to an Applicant will be deemed to be served in accordance with the following:
    • Delivered by hand, at the time of delivery
    • Posting, after two business days
    • Sent by email or other electronic transmission, if sent on a business day before 16:30, on that day; or in any other case, on the next business day after the day it was sent
  3. English will be the language for all communications between the Parties.
  4. In all notices the Council will include the unique reference number allocated to each Application.
  5. The Council reserves the right to end an Applicant’s entitlement to a CAZ Incentive if any of the following occur:
    • The Council has reasonable grounds to believe that the Applicant is no longer eligible for a CAZ Incentive (i.e. the Applicant is benefitting from an incentive to which they are no longer entitled as set out in these terms and conditions). In these circumstances the Council will write to the Applicant with the reasons for the decision.
  6. The Applicant acknowledges that a CAZ Incentive cannot be transferred to another person or applied to another vehicle not detailed in an Application.

Checking information

  1. At any time after the Council receives an Application for a CAZ Incentive including after an Application has been accepted and/or after any payment has been made, the Council may ask for proof of an Applicant’s eligibility for the incentive and/or any other information about vehicles referenced in an Application for the purposes of determining eligibility of the CAZ Incentives.
  2. Where further information is required the Council will make a written request for any such information and the Applicant must provide that information to the Council by the date stated in that request.
  3. If as a result of checks of the information provided by the Applicant the Council decides that an Application does not meet the Eligibility Criteria then the Council will reject the Application and notify the Applicant accordingly.
  4. Eligibility for each CAZ Incentive are listed within these terms. If the Applicant does not meet these Eligibility Criteria the CAZ Incentive will not be granted, and the Applicant may be required to pay CAZ charges should they enter the CAZ in a vehicle that does not meet the emission standards.

Application and Eligibility Criteria

  1. Applications cannot be made on behalf of another person, who is not the Applicant. Where the Applicant is not the legal owner and is the Registered Keeper, the legal owner must have given written and signed consent to the Applicant to make the Application. The Council may require additional evidence from the Registered Keeper that the legal owner has given permission to submit an Application before processing that Application. The Council may verify any information provided directly with the legal owner using information provided in the Application, or information subsequently requested. Such information must be provided to the Council within 7 days of the date of request.
  2. Applications will be allocated an application number based upon the date that Applicants submit an Application. The Grant Funding is allocated on a first come, first served basis. If the Council requires any amendment to or further information on an Application, the Council will put an Application on hold until the Applicant supplies the amendment or further information and the Council is satisfied with the Application. If the CAZ Incentive funding has been exhausted before the Applicant supplies that amendment or additional information, the Council will reject the Application.
  3. An Applicant may submit one Application per Taxi or PHV and may be deemed to not be eligible if they have received a similar grant from the West Midlands Combined Authority.
  4. Where appropriate, information in the Application must be consistent across the Council’s licensing records, V5C Registration Document and other documents submitted to the Council. The Council will notify the Applicant of any discrepancies that are identified which the Applicant must correct before the Application can be progressed. If the Applicant fails to provide the required information within 14 days of it being requested the Council may reject the Application.
  5. If an Applicant reapplies following a rejected Application, the Applicant must submit a completely new Application with all the required documents. The Applicant may not reapply within two months of having had an Application rejected.
  6. The Council will notify the Applicant of the acceptance or rejection of any Application in writing using the email address provided in the Application.

Birmingham City Council Post-Approval Process

  1. Once the Council is satisfied that the Application meets these terms and conditions, the Applicant will be sent a Grant Approval Letter.
  2. If the Applicant selects to undertake a Retrofit Solution they have 28 days from the date of the Grant Approval Letter to make a booking to have a Retrofit Solution installed from an Approved Supplier. The Council may verify with the Approved Supplier that a booking is in place, and also once the solution has been installed. The Applicant gives the Council permission to contact Approved Suppliers to gather such information about the Applicant to verify the validity of an Application.
  3. The Council will not be liable for any costs, including the Grant Funding, if the Applicant undertakes a Retrofit Solution prior to the Applicant receiving the Grant Approval Letter.
  4. Within four months from the date of the Grant Approval Letter the Applicant must undertake the installation of a Retrofit Solution, if that option is selected, using an Approved Supplier and within those four months must also notify the Council in writing of the retrofit conversion having taken place by emailing cleanairtaxis@birmingham.gov.uk and providing such evidence as is set out in Schedule 1.
  5. The Council may extend the period specified in clause 34 for the Applicant to undertake a Retrofit Solution in exceptional circumstances. If the Applicant does not comply with any extended time periods set by the Council the Application may be rejected and no Grant Funding will be awarded.
  6. If the Applicant does not use an Approved Supplier, the Council will reject the Application and no Grant Funding will be awarded.

Grant Funding

  1. The Grant Funding amount is subject to change at any time at the Council’s discretion. Should the Grant Funding amount increase, an Applicant who is in receipt of a Grant Approval Letter or Grant Funding payment will not be entitled to any further payment. All Grant Funding payments or offers of Grant Funding are final except where the Council are entitled to withdraw Grant Funding in accordance with this Agreement. Similarly, if Grant Funding is reduced or withheld, the Council reserves the right to stop further payments being made to the Applicant in accordance with this Agreement.
    • Payment will be made by cheque and sent to the address provided by the Applicant in their Application.
    • The Applicant must promptly repay (and no later than 14 days) any money incorrectly paid either as a result of an administrative error or otherwise. This includes (without limitation) situations where either an incorrect sum of money has been paid or where the Grant Funding has been paid in error before all conditions attached to the Grant Funding have been complied with by the Applicant.
    • The frequency of payment of the Grant Funding will be made in accordance with the provisions of Schedule 1 and Schedule 2 and will depend on the CAZ Incentive that the Applicant selects in their Application.

The Applicant’s Obligations

  1. The Applicant warrants that:
    • All information provided as part of the Application is accurate and complete and it may be relied upon by the Council for the purposes of assessing an Application;
    • The Applicant will inform the Council if any part of the information is no longer correct within seven days of such information no longer being correct; and
    • The Applicant will inform the Council within seven days of the Taxi or PHV referenced in the Applications being sold or ownership of that Taxi or PHV being transferred to a family member, related entity or third party.
  2. Where the Applicant is the legal owner, the Applicant warrants that it has:
    • full capacity and authority to enter into this Agreement; and
    • obtained authority from the Registered Keeper where applicable.
  3. Where the Applicant is the Registered Keeper but not the legal owner, the Applicant warrants that it:
    • has full capacity and authority to enter into this Agreement;
    • has obtained written and signed authority from the legal owner; and
    • will do everything possible to ensure the legal owner complies with any relevant obligations in this Agreement.
  4. The Applicant acknowledges that only one amount of Grant Funding may be granted per Taxi or PHV regardless of changes of ownership and shall ensure its Application complies with this condition.

Rejection of the Application

  1. The Council may reject an Application if the Applicant does not:
    • Book an appointment for a Retrofit Solution, if selected, with an Approved Supplier within 28 days from the formal date that an Application is approved;
    • Provide any required information within 14 days of the Council requesting it;
    • Complete the Retrofit Solution, if selected, with an Approved Supplier or purchase a CAZ Compliant Vehicle, if selected, within four months of the date that an Application is approved; and/or
    • Comply with the terms and conditions of this Agreement.
  2. Without prejudice to the Council’s other rights and remedies, the Council may at its absolute discretion reduce, suspend or withhold the Grant Funding or require all or part of the Grant Funding to be repaid by the Applicant if any of the circumstances in Clause 44 arise.
  3. Where the Council finds that the Applicant is in breach of this Agreement, including, (but not limited to), fraudulent or inaccurate applications, the Council may seek recovery of the Grant Funding and may bring legal proceedings against the legal owner and/or Registered Keeper and/or revoke the Taxi Vehicle Licence or PHV Licence of the Taxi or PHV referenced in the Application.
  4. The Applicant must repay to the Council any Grant Funding which (in the Council’s opinion) has been incorrectly paid within 28 days of the Council notifying the Applicant to do so.
  5. Where the Council rejects an Application, the Applicant may reapply in respect of the same Taxi or PHV Incentive by submitting a new Application though not within two calendar months of the rejection.

Liability

  1. The Council is not responsible to the Applicant or any other party whatsoever for (including but not limited to) any losses, costs, claims, damages, demands, expenses, liabilities, proceedings or judgments resulting directly or indirectly from participation in the CAZ Incentive scheme. This clause applies whether or not the Application is successful or in the event of withdrawal of the Grant Funding in accordance with these terms and conditions.
  2. The Council are not responsible or liable for any action taken by a legal owner or Registered Keeper in relation to the sale, lease, financial arrangement or future use of the Taxi or PHV referenced in the Application including ongoing operating or maintenance costs.
  3. Subject to clauses 15.1 and 15.2, the Council’s liability under this Agreement is limited to the payment of the Grant Funding.

Records and Evidence

  1. The Applicant will keep accurate records of any documents submitted to the Council in relation to the Application and evidence of receipt of the Grant Funding received from the Council.
  2. The Applicant will respond promptly to all reasonable requests for assistance from the Council to enable compliance with all applicable statutory requirements.

Subsidy Control and State Aid

  1. Where applicable Grant Funding will be based on compliance with the requirements of the General Block Exemption Regulation, Article 36 (Investment aid enabling undertakings) to go beyond Union standards for environmental protection or to increase the level of environmental protection in the absence of Union standards. The Grant Funding will only be payable as against incurred eligible costs and up to the maximum applicable aid intensity level as against such costs.
  2. In accepting the Grant Funding, the Applicant will comply with all applicable rules on state aid including but not limited to the General Block Exemption Regulation (the “State Aid Rules”) or any national replacement for those rules including but not limited to the rules in relation to subsidy control under the UK-EU Trade Co-Operation Agreement. The Applicant will fully cooperate with the Council in utilising the applicable approvals and procedures in relation to the state aid rules.
  3. If the Applicant is in breach of Clause 52, or the provision of the Grant Funding itself is deemed (by an appropriate authority) to breach the state aid rules or subsidy control rules (as applicable), the Council may at its absolute discretion reduce, suspend or withhold the Grant Funding, or require all or part of the Grant Funding (together with applicable interest as provided for under the state aid rules) to be repaid by the Applicant.
  4. If the Council requires any part of the Grant Funding to be repaid in accordance with clause 52, the legal owner will repay the required sum and applicable interest within 28 days of a request by the Council.

Data Protection

  1. The Council will comply with all its obligations under the Data Protection Legislation and will only process the Personal Data of the legal owner and Registered Keeper to administer the CAZ Incentive scheme including for the purposes of assessing eligibility for the scheme, and if successful, paying the Grant Funding.
  2. The Council may share and receive the Personal Data of the legal owner and Registered Keeper with an Approved Supplier for the purposes of verifying the details of the Euro emission standard of the Taxi and to confirm a booking for a Retrofit Solution has been made or that a Retrofit Solution has taken place. The amount of Personal Data shared will be limited to the minimum necessary.
  3. The Council may share Personal Data with, or receive Personal data from, Transport for West Midlands, which is part of the West Midlands Combined Authority for the purposes of monitoring applications to other grant schemes that are available from the West Midlands Combined Authority and where an Applicant may be deemed ineligible for a CAZ Incentive on the basis of having already received grant funding from such schemes.
  4. In line with the Council’s General Data Protection Regulation (GDPR) policy the Council will only request information that the Council requires in order to process the Application.
  5. The information provided by the Applicant to the Council will be stored for a period of 6 years plus current, otherwise known as ‘6 years + 1’, and then deleted. For more information on how the Council will process data and the Applicant’s rights please visit the following website page: https://www.birmingham.gov.uk/info/20154/foi_and_data_protection/384/privacy_statement/4
  6. If the Applicant wishes to make a complaint in relation to the handling of an Application the Council’s complaints procedure can be accessed through the following link: https://www.birmingham.gov.uk/info/50172/comments_compliments_and_complaints.

Governing Law

  1. This Agreement will be governed by and construed in accordance with the laws of England and Wales.
  2. The courts of England and Wales are to have exclusive jurisdiction to settle any disputes or claims (including non-contractual disputes or claims) that may arise out of or in connection with this Agreement.

Entire Agreement

  1. This Agreement constitutes the entire agreement between the Council and the Applicant and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  2. The Council and the Applicant agree that they will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Both the Council and the Applicant agree that it will have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
  3. In the event of any conflict between these terms and conditions and any other documents which form part of the Application these terms and conditions shall take precedent.

Third Party Rights

  1. Save that the Registered Keeper or legal owner, where they are not the Applicant, may enforce their rights under this Agreement in accordance with the Contracts (Rights of Third Parties) Act 1999, the Parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person not a party to it.

Schedule 1 - CAZ Taxi Incentives

  1. This schedule details the three options that collectively comprise the CAZ Taxi Incentives. These terms and conditions apply to the CAZ Taxi Incentives only but should be read in conjunction with the General Terms and Conditions in this Agreement.

Description of the Options

  1. CAZ Taxi Incentive Option 1 (Taxi Option 1) is a grant of up to £5,000 towards the costs of a clean vehicle retrofit accreditation scheme (CVRAS) approved Retrofit Solution. The Council will provide Grant Funding of up to £5,000 towards the installation of CVRAS accredited retrofit technology, if the Applicant is deemed eligible for the funding. Vehicles retrofitted with technology that does not meet the requirements of this CAZ Incentive scheme will not be eligible for funding.
  2. CAZ Taxi Incentive Option 2 (Taxi Option 2) is a grant of up to £5,000 towards the running costs of an ultra-low emission vehicle (ULEV) Taxi. The Council will provide Grant Funding of up to £5,000 as a contribution to the operating expenses of a Birmingham licensed electric or ULEV Taxi. This funding will consist of four annual payments of up to £1,250 each, or eight six-monthly payments of up to £625 each, which could be used to cover costs such as electric charging, insurance, servicing and ranking fees if You are deemed eligible. Ongoing eligibility will be assessed following the production of suitable evidence by You at each payment interval.
  3. CAZ Taxi Incentive Option 2 (Taxi Option 3) is a grant of up to £5,000 towards the cost of a Taxi that is a Compliant Vehicle. The Council will provide Grant Funding of up to £5,000, if the Applicant is deemed eligible.

Evidence of Eligibility

  1. In order to be eligible for Taxi Options 1, 2 and 3 The Applicant must meet the following Eligibility Criteria:
    1. The Applicant must be licensed by Birmingham City Council to operate a Taxi and have been since 10th September 2018.
    2. The Applicant must be the Registered Keeper and driver of a Non-Compliant Taxi and be the legal owner or have permission from the legal owner to apply.
  2. The Applicant, in order to prove its eligibility for the CAZ Incentive will need to provide the pieces of evidence detailed in Clauses 7 and 8 of this Schedule.
  3. Proof of ownership of a non-compliant Taxi which can be evidenced through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s Taxi Vehicle Licence
    3. Acceptance of these terms and conditions (in accordance with paragraph 1 of the General Terms and Conditions).
  4. Proof of the Applicant holding a Birmingham City Council Taxi licence can be evidenced through:
    1. The production of a suitable image or copy of the Applicant’s Taxi Operator Licence
    2. The production of a suitable image or copy of any previous Taxi Operator Licences the Applicant has held between the date of application and the 10th September 2018 inclusive.

And;

In relation to Taxi Option 1

  1. The Applicant will also need to produce further evidence once it is available as detailed in Clauses 10 and 11.
  2. Proof of the Applicant having a retrofit appointment booked for the vehicles referenced in the Application by:
    1. The production of a suitable letter or order confirmation including the referenced vehicle details from a CVRAS approved retrofit provider (Approved Supplier).
  3. Proof of the Applicant having had a Retrofit Solution installed in a vehicle referenced in the Application through:
    1. The production of a suitable document confirming that the retrofit has taken place
    2. The production of a receipt detailing the total cost of the Retrofit Solution including the vehicle’s details.
  4. The Council will make a single payment towards the cost of the retrofit installation (up to a maximum value of £5,000 against the pre-VAT cost).
  5. After the technology is installed, the Applicant must comply with the operating and maintenance requirements (e.g. Adblue refill) of the Retrofit Solution.
  6. The Applicant is responsible for VAT payments for the retrofit of a vehicle.
  7. If the Applicant is found to be operating the vehicle in a way that does not comply with the manufacturer’s requirements, the Council reserves the right to reclaim the Grant Funding.
  8. If the Applicant’s vehicle is not eligible for retrofit technology, the Applicant may still purchase a vehicle that is eligible and carry out the retrofit on that vehicle but the cost of the vehicle will not be considered when determining the grant amount.
  9. The Applicant also has the option to purchase a vehicle that is already retrofitted, provided it has not already been used by another to secure Grant Funding from the Council or another local government authority. The Applicant will need to provide evidence of the original cost of the retrofit and that it is CVRAS accredited Retrofit Solution.
  10. If the Applicant had CVRAS accredited retrofit technology fitted to a vehicle after 10th September 2018 they may still be able to apply for the grant. To qualify for the grant the Applicant will need to provide suitable evidence of the Retrofit Solution.

Or;

In relation to Taxi Option 2

  1. The Applicant will also need to produce further evidence once it is available as detailed in Clauses 20 and 21.
  2. Proof of the Applicant having purchased a ULEV and licensed it with the Council through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s Taxi Vehicle Licence
    3. The production of a receipt of purchase or details of a long-term lease including the vehicle’s details.
    4. The production of a suitable image or suitable copy of the Applicant’s Taxi Operator Licence
  3. Proof of running expenses on an annual basis through:
    1. Receipts for payments related to running costs detailed within Table 1, within the corresponding annual claim limits set out in Table 1.
Table 1

Operating Expense

Annual Claim Limit

Insurance

Up to £700.00

Vehicle maintenance

Up to £ 150.00

Taxi rank access payments*

Up to £ 100.00

Licensing fees

Up to £100.00 (149 p/a)

Vehicle electricity costs

Up to £100.00 (196 p/a)

Home charging point (inc. installation fees & government grants)

Up to £100.00 (full installation is £1k of which OLEV contributes £500, Energy Saving Trust contributes £300)

  1. Before each annual or six monthly payment, the Applicant must provide evidence that they are still in possession of the vehicle and of any running costs incurred which total the amount being claimed.
  2. If the Applicant has already purchased, or has a long term lease in place for, an electric or ULEV Taxi they are still able to apply with suitable evidence for this grant. This only applies for purchases or leases after 10th September 2018.

Or;

In relation to Taxi Option 3

  1. The Applicant will also need to produce the following further evidence once it is available as detailed in Clause 25.
  2. Proof of the Applicant having purchased, or a long-term lease in place for, a Taxi that is a Compliant Vehicle through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s Taxi Vehicle Licence
    3. The production of a receipt of purchase or details of a long-term lease including the vehicle’s details.
    4. The production of a suitable image or copy of the Applicant’s Taxi Operator Licence
  3. The Council will make a single payment towards the cost of the purchase or long term lease up to a maximum value of £5,000 against the pre-VAT cost.
  4. The Applicant will be responsible for VAT payments for the purchase or lease of the vehicle.
  5. If the Applicant has already purchased, or has a long-term lease in place for, a Compliant Vehicle they may still be able to apply, with suitable evidence, for this grant. This only applies for purchases or leases after 10th September 2018.

Schedule 2 – CAZ PHV Incentives

  1. This schedule details the three options that collectively comprise the CAZ PHV Incentives. These terms and conditions apply to the CAZ PHV Incentives only but should be read in conjunction with the General Terms and Conditions in this Agreement.

    Description of the Schemes

  2. CAZ PHV Incentive Option 1 (PHV Option 1) is a grant of up to £1,000 towards the purchase costs or long-term lease of a Compliant Vehicle which meets the minimum standards required of a Euro 4 or Euro 6 vehicle. The Council will provide Grant Funding of up to £1,000 towards the purchase costs of the vehicle, if the Applicant is deemed eligible for the funding.
  3. CAZ PHV Incentive Option 2 (PHV Option 2) is a grant of up to £2,000 towards the purchase costs or long-term lease of a Compliant Vehicle which is a hybrid-electric or plug-in hybrid electric vehicle that is not eligible for the government’s plug-in grant. The Council will provide Grant Funding of up to £2,000, if the Applicant is deemed eligible for the funding.
  4. CAZ PHV Incentive Option 3 (PHV Option 3) is a grant of up to £2,500 towards the operating expenses of a fully electric or long-range plug in hybrid vehicle which is eligible for the government’s plug-in grant. The Council will provide Grant Funding of up to £2,500 towards the operating costs, if the Applicant is deemed eligible for the funding. This funding will consist of two annual payments of up to £1,250 each, or four six-monthly payments of up to £625 each, which could be used to cover costs such as electric charging, insurance, servicing and ranking fees. Ongoing eligibility will be assessed following the production of suitable evidence by the Applicant at each payment interval.

    Evidence of Eligibility

  5. In order to be eligible for PHV Options 1, 2 and 3 the Applicant must meet the following Eligibility Criteria:
    1. The Applicant must be licensed by the Council to operate a PHV and have been since 10th September 2018.
    2. The Applicant must be the Registered Keeper and driver of a Non-Compliant PHV and be the legal owner or have permission from the legal owner to apply.
  1. In order to prove eligibility for a CAZ Incentive the Applicant will need to provide additional evidence as detailed in Clauses 7 and 8.
  2. Proof of ownership of a Non-Compliant PHV which can be evidenced through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s PHV Licence
    3. Acceptance of these terms and conditions (in accordance with paragraph 1 of the General Terms and Conditions).
  3. Proof of the Applicant holding a Birmingham City Council Taxi licence through:
    1. The production of a suitable image or copy of the Applicant’s Private Hire Operator Licence
    2. The production of a suitable image or copy of any previous Private Hire Operator Licences the Applicant has held between the date of application and the 10th September 2018 inclusive

      And;

      In relation to PHV Option 1

  1. The Applicant will also need to produce the following further evidence once it is available as detailed in Clause 10.
  2. Proof of the Applicant having purchased, or a long-term lease for, a Compliant Vehicle through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s PHV Licence
    3. The production of a receipt of purchase or details of a long-term lease including the vehicle’s details.
    4. The production of a suitable image or copy of the Applicant’s Private Hire Operator Licence
  3. The Council will make a single payment towards the cost of the purchase or long term lease up to a maximum value of £1,000 against the pre-VAT cost.
  4. The Applicant is responsible for VAT payment for the purchase or lease of the vehicle.
  5. If the Applicant is found to be operating the vehicle in a way that does not comply with the requirements (i.e. not as a PHV), the Council reserves the right to reclaim the Grant Funding.
  6. If the Applicant has already purchased, or has a long-term lease in place for, a Compliant Vehicle they may still be eligible, with suitable evidence, for this grant. This only applies for purchases or leases after 10th September 2018.

    Or;

    In relation to PHV Option 2

  7. The Applicant will also need to produce the following further evidence once it is available as detailed in Clause 15.
  8. Proof of the Applicant’s purchase or long-term lease of a Compliant Vehicle which is a hybrid-electric or plug-in hybrid electric vehicle that is not eligible for the government’s plug-in grant, through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s PHV Licence
    3. The production of a receipt of purchase or details of a long-term lease including the vehicle’s details.
    4. The production of a suitable image or copy of the Applicant’s Private Hire Operator Licence
  1. The Council will make a single payment towards the cost of the purchase or long term lease up to a maximum value of up to £2,000 against the pre-VAT cost.
  2. The Applicant will be responsible for the VAT payment for the purchase or lease of a vehicle.
  3. If the Applicant is found to be operating the vehicle in a way that does not comply with the requirements (i.e. not as a PHV), the Council reserves the right to reclaim the Grant Funding.
  4. If the Applicant has already purchased, or has a long term lease in place for, a Compliant Vehicle which is a hybrid-electric or plug-in hybrid electric vehicle the Applicant may still able to apply, with suitable evidence, for this grant. This only applies for purchases or leases after 10th September 2018.

    Or;

    In relation to PHV Option 3

  5. The Applicant will also need to produce the following further evidence once it is available as detailed in Clauses 22 and 23.
  6. Proof of the Applicant having purchased a fully electric or long range plug-in hybrid electric vehicle and licensed it with Birmingham City Council through:
    1. The production of an image or a suitable copy of the vehicle’s V5C
    2. The production of an image or a suitable copy of the Applicant’s PHV Licence
    3. The production of a receipt of purchase or details of a long-term lease including the vehicle’s details.
    4. The production of a suitable image or copy of the Applicant’s Private Hire Operator Licence
  1. Proof of running expenses on an annual or six monthly basis through:
    1. Receipts for payments related to running costs detailed within Table 2, within the corresponding annual claim limits set out in Table 2.
Table 2

Operating Expense

Annual Claim Limit

Insurance

Up to £500.00

Vehicle maintenance

Up to £ 100.00

Licensing fees

 

Up to £100.00 (149 p/a)

Vehicle electricity costs

Up to £100.00 (196 p/a)

Home charging point (inc. installation fees & government grants)

Up to £100.00 (full installation is £1k of which OLEV contributes £500, Energy Saving Trust contributes £300

  1. Before each annual or six monthly payment, the Applicant must provide evidence that they are still in possession of the vehicle and of any running costs incurred which total the amount You are claiming.
  2. If the Applicant has already purchased, or has a lease in place for, a fully electric or long range plug-in hybrid electric vehicle they may still be able to apply, with suitable evidence, for this grant. This only applies for purchases or leases after 10 September 2018.