In recognition of the equality and diversity of the City these images will be replaced from time to time with those reflecting the driver and vehicle profile.
Hackney Carriage & Private Hire Licensing Policy
CONTENTS
Section Page No.
Main Proposals 4
Definitions 5
1 Background 5
2 Introduction 8
3 Vehicles - (Hackney Carriage & Private Hire) 9
4 Drivers – (Hackney Carriage & Private Hire) 17
5 Disciplinary and Enforcement Measures 22
6 Offences 24
7 Delegated Powers 24
8 Private Hire Operators 25
9 Fares 27
10 Fees 28
11 Taxi Ranks 29
LIST OF APPENDICES
Appendix A Vehicle Specifications – Hackney Carriage Vehicles Appendix B Hackney Carriage Vehicle Conditions
Appendix C Vehicle Specifications - Private Hire Vehicle
Appendix D Private Hire Vehicle Conditions
Appendix E Specification and Additional Conditions for Private Hire Limousines and Novelty Vehicles.
Appendix F Vehicle Licences - Application Procedures
Appendix G Vehicle Age Policy
Appendix H Drivers- Application Procedures
Appendix H1(1) Local Knowledge Test
Appendix I Driver’s Conditions
Appendix J Drivers - The Consideration of Applications
Appendix K Code of Good Conduct for Licensed Drivers
Appendix L Dress Code for Licensed Drivers
Appendix M Policy Relating to Approval of Signage on Licensed Vehicles
Appendix N Private Hire - Operator’s Licence Conditions
Appendix O Fare Tariff Maximum Fares for Hackney Carriages
Appendix P Licence Fees – Hackney & Private Hire
Appendix Q Taxi Ranks in Stoke-on-Trent
Appendix R Licensing Services Enforcement Policy and Offences & Penalties
Appendix S Consultation Arrangements
MAIN PROPOSALS
The main proposals contained in this document are summarised below:
Bringing all policies & procedures in line with new Department for Transport Draft Best Practice Guidance. Introducing minimum specifications for licensed vehicles including introducing new requirements in respect of disability access, LPG (and other alternative) powered vehicles and updating the age policy for licensed vehicles. Introducing the specification for hackney carriages following the delimitation start date and transitional arrangement for existing licensees. Considering the introduction of policies to help promote the use of cleaner and greener fuels Introducing new controls and conditions to bring stretched limousines and similar vehicles properly under licensing control Detailing the knowledge test for drivers Detailing the medical fitness standard for licensed drivers Introducing new formal written enforcement policies Revising and extending the conditions attached to private hire driver’s licences Introducing a new Dress Code and a Code of Conduct for licensed drivers Revising and extending the conditions and requirements attached to private hire operator’s licences. Overhauling the requirements in respect of advertising and signage on both hackney and private hire vehicles Confirming a strong recommendation that new taximeters should be capable of being calendar controlled. Detailing the age policy Application procedures
DEFINITIONS
Throughout this document:
. ‘The Council’ or ‘The Authority’ means Stoke-on-Trent City Council . ‘Vehicle’ or ‘Licensed Vehicle’ means both a Hackney Carriage and Private Hire Vehicle . ‘Taxi’ means a Hackney Carriage . ‘PHV’ means a Private Hire Vehicle . ‘The Guidance’ means The Department for Transport - Taxi and Private Hire Vehicle Licensing Best Practice Guidance
1. BACKGROUND
1.1 Role of Taxis and Private Hire Vehicles
1.1.1 Taxis and private hire vehicles have a specific role to play in an integrated transport system. They are able to provide services in situations where other transport is either not available (for example in rural areas, or outside “normal” hours of operation such as in the evenings or on Sundays), or for those with mobility difficulties.
1.1.2 Taxis and private hire vehicles and their drivers also represent the City to tourist and business visitors so it is necessary that this role is recognised in the standards of vehicles and skills of drivers in ensuring that every visit to the City is a positive one.
1.2 Aims and Objectives of Licensing
1.2.2 The aim of licensing of the hackney carriage (taxi) and private hire vehicle (PHV) trades is to protect the public as well as to ensure that the public have reasonable access to taxi and private hire services because of the part they play in local transport provision. It is important that the authority’s taxi and licensing powers are used to ensure that taxis and PHVs in the City are safe, comfortable, properly insured and available where and when required.
1.3 Licensing Profile
1.3.1 Stoke-on-Trent City Council currently licences hackney carriage vehicles, private hire vehicles and private hire operators. It has over 1250 licensed drivers, driving both hackney carriages and private hire vehicles.
1.4 Review of Policies & Practices
1.4.1 Stoke-on-Trent City Council has responsibility for licensing taxi and private hire vehicles, drivers and operators within the City of Stoke-on-Trent. It has traditionally exercised this responsibility through a number of different policies and procedures that have been developed over a significant number of years.
1.4.2 Many of these policies have, however, now become rather historic and do not adequately assist the trade or the public or indeed truly reflect the situation today in respect of these trades. Written policies do not currently exist in respect of some important aspects of the service. At the same time, guidance has, for the first time, been issued to licensing authorities detailing what is considered to be best practice in terms of taxi and private hire licensing.
1.4.3 Against the above background and so that the Council can maintain an up to date, vibrant and forward looking licensing service, the opportunity has been taken to undertake a root and branch review of all policies and practices relevant to the taxi and private hire licensing service. The review process has resulted in this document that sets out the policies and procedures that the Council will now apply in exercising its taxi licensing function. Before adopting the policy, however, the council intends to consult with those who may be affected by it. It is committed to considering any representations made as a result and, if necessary, to amending the document in the light of representations received. – REMOVE THIS PARAGRAPH
1.5 Best Practice Guidance
1.5.1 The Department for Transport has national responsibility for taxi and private hire legislation in England and Wales. As a result of the Office of Fair Trading producing its recent report on the UK taxi and PHV market, the Department for Transport was asked to produce Best Practice Guidance for local taxi and PHV licensing authorities.
1.5.2 The Best Practice Guidance has now been produced, and is directed at local authorities in England and Wales with responsibility for taxi and PHV licensing who will “decide for themselves the extent to which they wish to make use of it or adapt it to suit their own purposes”. There is recognition, within the document, that it is for individual licensing authorities to reach their own decisions both on overall policies and on individual licensing matters, in the light of their own views of the relevant considerations.
1.5.3 The Department for Transport document published in 2010 considers views about what constitutes “Best or Good Practice” in terms of hackney carriage and private hire licensing. It has, therefore, been used as a valuable tool to shape this review. REMOVE THIS PARAGRAPH
1.6 Costs and Benefits of Licensing Policies
1.6.1 The Department for Transport Taxi and Private Hire Vehicle Licensing Draft Best Practice Guidance (The Guidance) referred to above stresses that licensing requirements, which are unduly stringent, are likely to unreasonably restrict the supply of taxi and PHV services, by putting up the cost of operation or by otherwise restricting entry to the trade. Licensing authorities are, therefore, cautioned to recognise that too restrictive an approach may well work against the public interest and can have safety implications.
1.6.2 When considering each of the policies detailed in this document we have endeavoured to ensure that each requirement is properly justified by the risk it seeks to address, balancing the cost of the requirement against the benefit to the public. In accordance with the guidance, when considering each policy, the following question has been asked:
“whether those costs are really commensurate with the benefits a policy is meant to achieve”.
1.7 Consultation
1.7.1 This policy was introduced on 01 February 2008 after consultations, discussions and meetings with many stakeholder groups, all of which have informed the policy development and policy decisions.
This policy will be formally reviewed at least every three years. The next formal structured review is scheduled to begin in October 2015.
The policy and appendices may also be changed in the interim to accommodate changes in the law, corrections of errors and inconsistencies and other triggers to policy change. REPOSITION THIS PARAGRAPH AS 1.4.3
2 INTRODUCTION
2.1 Powers and Duties
2.1.1 This document has been produced pursuant to the powers conferred by the Local Government (Miscellaneous Provisions) Act 1976, as amended, which places on Stoke-on-Trent City Council (the “Authority”) the duty to carry out its licensing functions in respect of hackney carriage and private hire vehicles.
2.2 Objectives
2.2.1 In setting out its policy, the City Council seeks to promote the following objectives:
(i) The protection of public health and safety; (ii) The establishment of a professional and respected hackney carriage and private hire trade; (iii) Access to an efficient and effective public transport service; (iv) The protection of the environment. (v) Prevention of related crimes, by the trade and against the trade. The aim of the licensing process is to regulate the hackney carriage and private hire trade in order to promote the above objectives. It is the Authority’s wish to facilitate well-run and responsible businesses which display sensitivity to the wishes and needs of the general public.
2.3 Status
2.3.1 In exercising its discretion in carrying out its regulatory functions, the Council will have regard to this policy document and the objectives set out above.
2.3.2 Notwithstanding the existence of this policy, each application or enforcement measure will be considered on its own merits. Where it is necessary for the Authority to depart substantially from its policy, clear and compelling reasons will be given for so doing.
2.4 Implementation
2.4.1 This policy took effect on 1 February 2008, and the appendices received a staggered introduction shortly after. – REMOVE THIS SECTION This policy remains in force and will be kept under review and revised as appropriate.
2.4.2 Upon implementation of this policy licence-holders will have to comply with its terms.
3 VEHICLES – (Hackney Carriage & Private Hire)
3.1 Limitation of Numbers
3.1.1 No powers exist for licensing authorities to limit the number of private hire vehicles that they licence. The present legal provisions on quantity restrictions for hackney vehicles are set out in section 16 of the Transport Act 1985. This provides that the grant of a taxi licence may be refused, for the purpose of limiting the number of licensed taxis “if, but only if, the local Authority is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet”. In the event of a challenge to a decision to refuse a licence, it would, therefore, have to be established that the authority had reasonably been satisfied that there was no significant unmet demand.
3.1.2 Delimitation
Following consultation with various trade associations a report was sent to the Licensing and Consumer Protection Committee on 31 August 2007.
The Committee resolved that the Committee did not support maintaining a limit on Hackney Carriages and that they agreed to fully de-limit Hackney Carriage numbers subject to agreement on a start date, licence costs and conditions regarding disabled access and quality controls. This decision was made in line with the Department for Transport’s best practice guidance. All new Hackney Carriages must be M1 type purpose built and fully DDA compatible and comply with the Councils’ Age Policy.
The 87 Hackney Carriage licences issue prior to 31 January 2008 may continue as saloon cars until 2020, subject to the Vehicle Age Scheme. See Appendix A for the specification for hackney carriages.
In writing this specification, it is suggested that the specification should serve the interests of the travelling public - that is to say, people who use taxi services and what benefit is achieved for them.
3.2 Specifications and Conditions
3.2.1 Local authorities have a wide range of discretion over the types of vehicle that they can licence as taxis or private hire vehicles (PHVs).
3.2.2 The Department for Transport Best Practice Guidance suggests that best practice is for local licensing authorities to adopt the principle of specifying as many different types of vehicle as possible. Authorities are encouraged to leave it open to the taxi and PHV trades to put forward vehicles of their own choice which can be shown to meet both theirs and the Public Carriage Office criteria . In that way there can be flexibility for new vehicle types to be readily taken into account.
Unfortunately, as a result of free choice, there is an unrepresentative imbalance in the fleet ratio of saloon vehicles to disabled access vehicles. This policy aims to address and correct this with a proviso for future reassessment – REMOVE THIS PARAGRAPH.
3.2.3 Licensing authorities are asked to be particularly cautious about specifying only purpose-built taxis, with the strict constraint on supply that that implies. They are however encouraged to make use of the “type approval” rules within any specifications they determine.
3.2.4 The Authority is empowered to impose such conditions, as it considers reasonably necessary, in relation to the grant of a hackney carriage or private hire vehicle licence. Taxis and private hire vehicles provide a service to the public, so it is appropriate to set criteria for the external and internal condition of the vehicle, provided that these are not unreasonably onerous. Appendices A, C and E set out the minimum standards, which are proposed in respect of all licensed vehicles.
3.3 Accessibility
3.3.1 The City Council is committed to social inclusion and ensuring a wide variety of opportunities is available to disabled residents to enjoy a high quality of life. They fully support the view of the Disability Rights Commission that, “Making successful journeys is critical to the social inclusion of disabled people. Without the ability to travel, disabled people are denied access to life opportunities. Their access to education, shopping, employment healthcare as well as social and family life is significantly improved when journeys become accessible.” For this reason, the Council considers it important that disabled residents have access to all forms of public. – MOVED PARAGRAPH FROM 3.3.2
Transportation. In addition to the general conditions, accessibility for disabled people (including – but not only people who need to travel in a wheelchair) is, therefore, an important consideration in respect of vehicles licensed as taxis. 3.3.2 The City Council currently licences’ various types of hackney carriages to accommodate both abled bodied and disabled people. As a result of delimitation in 2008 all new Hackney Carriages were required to be Wheelchair Accessible Vehicles. This maintained the Councils, commitment to the DDA 1995. There is no similar requirement for Private Hire Vehicles.– AMENDED PARAGRAPH AND MOVED FROM 3.3.1
3.3.3 It is arguable that different accessibility considerations should apply as between taxis and PHVs in that taxis can be hired in the street or at a rank, by the customer dealing directly with a driver however; PHVs can only be booked through an operator. It is considered particularly important that a disabled person should be able to hire a taxi on the spot with the minimum delay or inconvenience and having accessible taxis available helps makes that possible.
3.4 Maximum Age of Vehicles
3.4.1 The Department of Transport Best Practice Guidance reminds licensing authorities that it is perfectly possible for an older vehicle to be in good condition and that the setting of an age limit beyond which they will not licence vehicles may be arbitrary and disproportionate.
Please see the City Council’s Age Policy, attached as Appendix G.
3.5 Security and CCTV
3.5.1 The Best Practice Guidance recommends licensing authorities look sympathetically on or even actively encourage the installation of security measures such as a screen between driver and passengers or CCTV systems as a means of providing some protection for vehicle drivers.
3.5.2 As lone workers, taxi drivers are particularly vulnerable to physical attack and theft. Research is now underway between partners to consider the cost/benefit implications of requiring CCTV as a mandatory condition in licensed vehicles. It is not currently proposed that such measures should be required, as part of the licensing regime, as it is considered that they are best left to the judgement of the owners and drivers themselves. The taxi and PHV trades are, however, encouraged to build good links with the local police force, including participation in any Crime and Disorder Reduction Partnerships.
This may be the subject of policy amendment in future dependent on the research results and funding opportunities. If approved there will minimum standards for installation, usage and data access controls to keep everybody safe.
3.6 Application Procedures
3.6.1 The application procedures for a hackney carriage or private hire vehicle licences are not prescribed. It is, however, proposed that existing practice should largely be retained in that applications must be made on the specified application form in accordance with the application procedures set out in Appendix F.
3.7 Consideration of Applications
3.7.1 The Council will consider all applications on their own merits once it is satisfied that the appropriate criteria have been met and the application form and supporting documents are complete.
3.8 Grant and Renewal of Licences
3.8.1 Hackney carriage or private hire vehicles will continue to be licensed until the suitability certificate expires, subject to the power to grant a licence for a shorter period, should this be appropriate in the circumstances.
3.8.2 Holders of existing hackney carriage or private hire vehicle licence will be reminded at least one month before their licences are due to be renewed. –REMOVE PARAGRAPH.
3.9 Environmental Considerations
3.9.1 The Department for Transport guidance asks licensing authorities to consider how far their vehicle licensing policies can and should support any local environmental policies that they may have adopted, bearing in mind the need to ensure that benefits outweigh costs (in whatever form). They suggest that authorities may, for example, wish to consider setting vehicle emissions standards, perhaps by promoting cleaner fuels.
3.9.2 Taxi and PHVs are an essential form of transport in the Stoke-on-Trent area. Many people depend on taxis for trips that buses or cars are incapable of making. They are able to achieve higher occupancy rates than a private car and so, to some extent, already play their part in helping to achieve environmental improvements in the City. It is, however, clearly important that emissions from taxis and PHVs are reduced as far as possible.
3.9.3 It is considered that efforts should be made, through the licensing policy, to improve, as far as possible, the efficiency of vehicles licensed in the borough by, in particular, reducing the levels of CO2 emitted. Approved LPG and other alternative conversions to vehicles are perfectly acceptable if the conversion can be confirmed as safe. The Vehicle Age Scheme and hackney carriage specification will assist in this respect by ensuring that older and therefore less efficient vehicles will no longer be licensed.
3.9.4 The council will promote the uptake initially of LPG, petrol-electric or compressed natural gas and we expect drivers and vehicle licensees will prefer environmentally friendly vehicles to ‘gas guzzlers’ on both environmental and economical grounds
3.9.5 Clearly emissions from taxis and PHVs could be reduced further, by encouraging better maintenance of vehicles and by switching off engines when stationary or idling, particularly at taxi ranks. It is, however, proposed that this aspect be tackled through education and promotion.
3.10 Stretched Limousines
3.10.1 Stretched limousines are elongated saloon cars that have been increasingly used for mainstream private hire work. The number of stretched limousines being imported, particularly from the United States, has been increasing. Their use generally includes all private hire work plus special occasions such as days at the races, stag and hen parties and children’s birthday parties.
3.10.2 Licensing authorities have generally considered there to be some problems preventing stretched limousines from being licensed including:
some of the vehicles are capable of carrying more than eight passengers; many of them are left hand drive; many are fitted with all round darkened glass; most originate from the United States; many have been converted or modified after manufacture; seating space per passenger is 460mm and could give a greater capacity than eight persons;
due to their origin many parts may not be available making adequate maintenance difficult.
3.10.3 Most limousines are imported for commercial purposes and are therefore required to take a Single Vehicle Type Approval (SVA) test. They cannot be approved as Passenger Carrying Vehicles (PCV) because they cannot meet the required standards for the door arrangements and means of escape in an emergency. The SVA Scheme is an Inspection Scheme for vehicles that are not approved to British and European Standards and its purpose is to ensure that these vehicles meet modern safety standards and environmental standards before being used on public roads. When presented for SVA the vehicle is produced with a declaration that it will never carry more than eight passengers. The importer must inform any person who may use it of this restriction. Any subsequent purchasers must also be informed of the restriction.
3.10.4 The Local Government (Miscellaneous Provisions) Act 1976 defines a private hire vehicle as a motor vehicle constructed or adapted to carry fewer than nine passengers, other than the hackney carriage or public service vehicle, which is provided for hire with the services of the driver for the purposes of carrying customers. Section 48 of the 1976 Act requires that before a licence is granted the Authority must be satisfied that the vehicle is:
(i) suitable in type, size and design for the use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;
(iii) in a suitable mechanical condition;
(iv) safe; and comfortable.
3.10.5 Stretched limousines can be licensed for private hire work providing they may carry no more than eight passengers and meet the requirements of the Act. Possible exemptions under the 1976 Act provide that nothing should:
(i) apply to a vehicle used for bringing passengers or goods within a controlled district in pursuance of a contract for the hire of the vehicle made outside the district if the vehicle is not made available for hire within the district;
(ii) apply to a vehicle while it is being used in connection with a funeral or a vehicle used wholly or mainly, by a person carrying on the business of a funeral director, for the purpose of funerals;
(iii) apply to a vehicle being used in connection with a wedding.
3.10.6 Any stretched limousines which are offered for private hire or which are not solely used for funeral and weddings do, of course, require a licence. Some operators of these vehicles have a wedding car licence insurance policy on the basis that the vehicle will be used largely during daylight hours, once or twice per week. Before licensing for private hire a full policy for private hire purposes will, therefore, be required.
3.10.7 In accordance with the guidance, all applications to licence stretched limousines as PHVs will be treated on their merits. It is, however, proposed that imported stretched limousine type vehicles:
be granted an exemption from the requirement under the conditions of licence for private hire vehicles to be right hand drive;
be approved for licensing as private hire vehicles subject to the additional conditions detailed in Appendix E;
3.10.8 Any person seeking relief from licensing who previously used the exemption contained in Section 75 of the Local Government (Miscellaneous Provisions) Act 1976 should be aware that this exemption was repealed on 01 January 2008 and so their operation may now be deemed illegal.
3.11 Wedding Vehicles and Funeral Vehicles
3.11.1 A vehicle does not need to be licensed while it is being used in connection with a wedding.
There is no requirement for a vehicle to be licensed where it is being used in connection with a funeral, or is being wholly or mainly used by a person carrying on the business of a Funeral Director for the purpose of funerals.
3.12 Courtesy Cars (provided with services of driver)
3.12.1 The Licensing Authority will seek to enforce against businesses where it can be proved that the business obtains a benefit. Courtesy vehicles (such as hotel courtesy vehicles, not accident courtesy cars), the supplying company and their drivers must be licensed for private hire.
3.13 Livery
3.13.1 Some licensing authorities, notably the major cities and conurbations, require their hackney vehicles to conform to particular requirements in terms of livery and markings, in order that they may be easily identified. It is proposed that BLACK be the predominant body colour in the Stoke-on- Trent area Hackney Carriage Vehicles and that we continue with the Blue and White livery for saloon car vehicles, licensed before 31st January 2008, until the expiry of the grandfather rights or the vehicle is replaced.
It is proposed that the visual distinction between hackney and private hire vehicles can, over time, be achieved broadly by allowing a reasonable amount of signage on hackneys and restricting it on private hire vehicles.
Given the extra expense outlaid in respect of new hackney carriage vehicles we view allowing full livery advertising on new hackney carriage vehicles to be an economic incentive or partial trade-off to licensing such a vehicle.
See Appendix M for the new policy relating to approval of signage on licensed vehicles.
4 DRIVERS
4.1 Parallel Procedures
4.1.1 The statutory and practical criteria and qualifications for a private hire driver are broadly identical to those for a hackney carriage driver. The sections below, therefore, apply equally to private hire and hackney carriage drivers.
4.2 Dual Licences
4.2.1 This Council has always required that dual driver’s licences be held in respect of hackney carriage and private hire vehicles. There is, however, nothing, in law, that prevents the granting of separate licences that serve as a licence to drive each individual type of vehicle.
4.3 Age and Experience
4.3.1 The guidance recommends against setting a maximum age limit for drivers provided that regular medical checks are made on them. It also considers that minimum age limits, beyond the statutory periods for holding a full driver licence are inappropriate, advising that applicants should be assessed on their merits
4.3.2 A licence to drive a hackney carriage or private hire vehicle will not be granted to a person who is under 18 years of age. In addition, a licence cannot be granted to anyone over 18 who has not held a full driving licence for a period of one year.
4.3.3 In relation to those persons over 65, reference should be made to Section 5.6 below.
4.4 Local Knowledge Tests
4.4.1 Taxi drivers clearly need a good working knowledge of the area for which they are licensed, because taxis can be hired immediately, directly with the driver, at ranks or on the street. The Department for Transport recognises that most authorities require would-be taxi-drivers to pass a test of local knowledge as a condition of first grant of a licence. (The stringency of the test reflecting the complexity or otherwise of the local geography, on the principle of ensuring that barriers to entry into the trade are not unnecessarily high). 4.4.2 In order to maintain the high standards that the Authority expects of its drivers, it is proposed that a licence to drive a hackney carriage or private hire vehicle will not be granted unless the authority is satisfied that the applicant is a fit and proper person.
4.4.3 In order to determine such fitness, applicants are required to undertake a Local Knowledge Test. This test will examine their English comprehension and arithmetic skills and will include written and practical elements which will test the applicants’ knowledge of the local geography and other skills required to be a capable licensed driver.
The procedures in relation to the above are set out in Appendix H.
4.4.4 The cost of setting up and operating this test is funded by a fee per test taken or re-taken.
4.5 Driving Proficiency and Qualifications
4.5.1 The Driving Standards Agency provides a driving assessment specifically designed for taxis drivers. Whilst most licensing authorities rely on the standard car driving licence as evidence of driving proficiency, others require the above- mentioned DSA or some further driving test to be taken. Authorities considering this route are asked to be mindful as to whether or not this produces benefits, which are commensurate with the costs involved for would-be drivers, in terms of both money and broader obstacles to entry to the trade.
4.5.2 It is believed that the standard car-driving test provides sufficient evidence of driving competency for the drivers of taxis and private hire vehicles in this area. It is considered that introducing a requirement that drivers pass the specific DSA test would not produces benefits, which are commensurate with the costs involved. But, the DSA test could be imposed by the Licensing and Registration Panel if a referral has been made to them because of a driver’s poor driving standards.
4.5.3Similarly there are nationally recognised vocational qualifications for the taxi and PHV trades. These cover customer care, including how best to meet the needs of people with disabilities and there may be advantages in at least encouraging drivers to obtain one of these.
4.5.4Stoke on Trent City Council has accepted the BTEC Qualification as a requirement for all new driver applications from 1st November 2012 RE- ALIGN THE PARAGRAPHS
4.6 Medical Examination
4.6.1 The City Council has previously adopted the DVLA Group II medical standard. This is the same standard as applied to HGV and PSV drivers. This standard is applied to licensed drivers because they spend considerably longer behind the wheel than normal domestic drivers, and so the probability of a disabling incident occurring whilst driving is more likely.
4.6.2 A medical examination form to be presented to the applicant’s General Practitioner, is obtainable from the Licensing Office. The applicant will be responsible for paying the fee for the examination to the relevant surgery. On completion of the examination, the confidential report will be submitted to the Licensing Office. (The applicant may, on request, have a copy of the report on payment of a copying fee.) - REMOVE THIS PARAGRAPH
4.6.3 Existing licence holders aged 65 and over must be examined annually.
4.6.4 Licence holders must advise the Council of any deterioration in their health that may affect their driving capabilities. (whereupon they may be referred to the Occupational Health department for re-assessment.) - REMOVE THIS SECTION
4.6.5 Where there is any doubt as to the medical fitness of the Applicant, the Council may require the Applicant to undergo and pay for a further medical examination by a referral to the Occupational Health department appointed by the Council. - REMOVE THIS PARAGRAPH
4.6.6 Where there remains any doubt about the fitness of any applicant, a determination as to the applicant’s fitness can be made by the Licensing Manager using delegated powers and appealed to the Licensing and Registration Panel. - REMOVE THIS PARAGRAPH
4.6.7 On renewal no licence will be issued until medical clearance has been established, where this is applicable.
4.7 Criminal Record Bureau (CRB) Disclosures
4.7.1 A criminal record check on a driver is seen as an important safety measure. The Department for Transport considers that such checks should be at the level of Enhanced Disclosure through the Criminal Records Bureau as these disclosures include details of spent convictions and police cautions. Criminal Records Bureau disclosures are required with every licence application, except under exceptional conditions.
Drivers are however, obliged to report all new cautions, convictions and endorsements to the Authority.
4.7.2 The Rehabilitation of Offenders Act 1974 sets out the period after which a conviction is regarded as “Spent” and which would not normally necessitate disclosure of that conviction. However, in 2002 the Rehabilitation of Offenders Act 1974 was amended so as to exclude hackney carriage drivers and private hire drivers from the effects of the 1974 Act. Applicants for such licences are, therefore, now required to disclose all convictions, including those that would previously have been regarded as spent under the 1974 Act.
4.7.3 Before an application for a driver’s licence will be considered, the applicant must provide a current (less than 3 months old) Enhanced CRB Disclosure of criminal convictions (or a certificate of good conduct from the relevant embassy in the case of an overseas applicant.) – REMOVE THIS SECTION The CRB disclosure must be obtained from the Licensing Authority.
4.7.4 The procedure for obtaining a CRB Disclosure report is outlined in Appendix H3
4.8 Application Procedure
4.8.1 An application for a hackney carriage or private hire driver’s licence must be made on the specified application form. The application procedures are set out in Appendix F.
4.9 Grant and Renewal of Licences
4.9.1 Holders of existing hackney carriage or private hire vehicle driver’s licence will be reminded at least one month before their licences are due to be renewed. The renewal procedure is set out in Appendix F, applications must be submitted prior to the expiry of the previous licence. Applications submitted after expiry of the licence will be treated as a new application and will be subject to the procedure outlined in Appendix H1
4.9.2 Applicants for renewal of a hackney carriage or private hire driver’s licence are required to provide a current (less than 3 months old) enhanced criminal record check from the Criminal Records Bureau for every licence application or renewal.
4.9.3 No licences will be issued or renewed unless medical clearance has been established. Applicants who are aged 65 or over must provide evidence of their medical fitness to hold a licence each year.
4.10 Conditions of Licence
4.10.1 The Authority is not permitted to attach conditions to a hackney carriage driver’s licence. It is, however, empowered to attach such conditions to a private hire driver’s licence as are considered necessary.
4.10.2 It could be argued that many of the requirements prescribed within the Hackney byelaws are effectively hackney carriage driver’s licence conditions. Stoke-on- Trent City Council byelaws were, however, enacted several years ago and do not, therefore, impose any controls over many aspects of a driver’s conduct when operating a hackney vehicle. Amending byelaws is, nevertheless a complex and lengthy process with inherent restrictions. It is, accordingly, not proposed to seek such amendments as part of this review process.
4.10.3 It is considered that the conditions set out in Appendix I are reasonably necessary and appropriate for all licensed drivers but accepted that they may only be legally imposed in respect of private hire drivers.
4.11 Charges, Cautions, Convictions and Endorsements
4.11.1 Where offences, leading to conviction, are committed by licensed drivers, it is important, in the interests of consistency and transparency, that a procedure should be in place to consider what effect this should have on their hackney or private hire driver’s licence.
4.11.2 Drivers must report charges, cautions, convictions and endorsements in line with their licence conditions. Read Appendix I for details of the reporting requirements.
4.11.3 It is proposed that breaches of the relevant legislation or conditions attached to driver, operator and vehicle licences which may come to light following complaints, enforcement action or investigations should be dealt with following the general principals set out in Appendix R.
4.12 Code of Good Conduct
4.12.1 Adopting a Code of Good Conduct for hackney carriage and private hire drivers serves to promote the Council’s licensing objectives in respect of the hackney carriage and private hire trades.
4.12.2 The Council considers that a professional driver should not charge above the maximum fare, should adopt safe and passive driving techniques and set a good example to other road users. The standards expected of licensed drivers are set out in the Code of Good conduct, included in this policy document at Appendix K, which it is proposed be adopted and should be read in conjunction with the other statutory and policy requirements set out in this document.
4.13 Drivers’ Dress Code
4.13.1 Anything that serves to enhance the professional image of the hackney carriage and private hire trade, and promotes the concept that drivers of licensed vehicles are vocational drivers is to be welcomed. The driver’s dress code is set out in Appendix L.
5 DISCIPLINARY AND ENFORCEMENT MEASURES
5.1 Enforcement
5.1.1 It is recognised that well-directed enforcement activity by the Authority benefits not only the public but also the responsible members of the taxi and PHV trades. The Department for Transport accepts that the resources devoted by licensing authorities to enforcement will vary according to local circumstances. They remind authorities, however, that it is desirable to ensure that taxi and PHV enforcement effort is at least partly directed to the late night period, when problems such as touting tend most often to arise.
5.1.2 In pursuance of its objective to encourage responsible hackney carriage and private hire businesses, the Council will operate a firm but fair disciplinary and enforcement regime. With a view to balancing the promotion of public safety with the need to permit individuals to safeguard their livelihood without undue interference, the Authority will only intervene where it is necessary and proportionate to do so. Where defects are such that vehicles need to be immediately prohibited livelihood interference is inevitable.
5.1.3 The council proposes to adopt the Taxi Licensing and Enforcement Policy & Practice set out at Appendix R to ensure that its enforcement effort is reasonable, transparent and well directed.
5.2 Range of Powers
5.2.1 Suspension
(i) Vehicles
Hackney carriages and private hire vehicles must be kept at all times in an efficient, safe, tidy and clean condition. Compliance with the vehicle specifications and conditions is essential and will be enforced by periodic, random vehicle inspections by the Authority. Where it is found that any vehicle is not being properly maintained, a defect(s) notice will be served on the proprietor setting out the defect(s) and where public safety is likely to be imperilled, the further use of the vehicle will be suspended (stop notice) until the defects have been remedied. The suspension will then not be lifted until the vehicle has undergone a further test, at the proprietor’s expense and been passed as fit for use as a hackney carriage and private hire vehicle.
(ii) Drivers
The Authority may exercise its discretion to suspend the operation of a driver’s licence for a specified period. Such action will, however, only be taken after a hearing before the Licensing and Registration Panel except in urgent cases where a suspension can be approved by the Chair and Vice-Chair of that Panel.
(iii) Operators
The Authority may exercise its discretion to suspend the operation of a private hire business for a period. Such action will only be taken after a hearing before the Licensing and Registration Panel.
5.2.2 Revocation
The Authority may exercise its discretion to revoke the operation of a licence where a licence holder has been referred to the Licensing and Registration Panel because they have been convicted of a serious criminal offence, or where the panel are not satisfied as to the continuing suitability of the licence holder for any reason.
5.2.3 Refusal to Renew
As an alternative to revocation, the Committee may decide that the appropriate action, in a situation where the licence is shortly to expire, is to order that the licence shall not be renewed, or to order that the licence should be issued for a shorter period than normal.
5.2.4 Appeals Against Decisions
Where a licence has been refused, suspended or revoked, the applicant or licence holder has a right of appeal to the magistrates’ court against the decision within 21 days of receiving a notice from us detailing the decision.
Existing licence holders can usually continue unaffected by any decision in the 21 days after receiving a notice from us detailing the decision, and until the appeal has been concluded where the licence holder has lodged an appeal.
In circumstances where the Licensing and Registration Panel consider it necessary, they can expressly state that a licensed driver cannot drive during the appeal period.
5.2.5 Issuing of Warnings and Cautions
As a method of dealing with less serious matters, the Authority will issue warnings and cautions as are appropriate to the circumstances. Minor or first- time transgressions are likely to attract either an oral or written warning. Repeated or more serious conduct is likely to lead to the issuing of a formal caution, provided:
there is sufficient evidence to justify a prosecution; the licence holder admits guilt; the licence holder agrees to be cautioned.
5.2.6 Changes to Licence Conditions or Pre-licensing Requirements
The Licensing and Registration Panel can require an individual applicant or licensee to satisfy tailored criteria to be issued, or retain a licence. In these circumstances, these requirements will be tailored to the particular concerns of the panel. An example would be where a licensee fails to comply with their licence conditions and the Licensing and Registration Panel make it a requirement that the licensee pass the current Local Knowledge Test before being issued a licence.
5.2.7 Prosecution
The Authority will usually prosecute licence holders for relevant offences in accordance with the Licensing Enforcement Policy statement relating to Warnings and Cautions. This can be found at Appendix R.
6 OFFENCES
6.1 Offences in relation to private hire and hackney carriages are derived from the following sources:
Town Police Clauses Act 1847 (Hackney only);
Local Government (Miscellaneous Provisions) 1976 (Hackney and Private Hire);
Transport Act 1980 (Private Hire Only);
The Hackney Carriage and Private Hire Licensing Policy (Hackney and Private Hire).
The relevant offences under the 1847 Act, the 1976 and the 1980 Act are set out in Appendix R.
7 DELEGATED POWERS
7.1 Licensing and Consumer Protection Committee and the Licensing and Registration Panel
7.1.1 The Licensing and Consumer Protection Committee and the Licensing and Registration Panel of Stoke-on-Trent City Council is responsible for the management of the taxi and private hire licensing regime in the district, along with the formulation and review of its policy in this regard.
8 PRIVATE HIRE OPERATORS
8.1 Requirements & Obligations
8.1.1 Any person who operates a private hire service must apply to the Authority for a Private Hire Operator’s Licence. The objective in licensing Private Hire Operators is the safety of the public, who will be using operators' premises and vehicles and drivers arranged through them.
8.1.2 A private hire vehicle may only be despatched to a customer by a private hire operator who holds an operator’s licence. Such a licence permits the operator to make provision for the invitation or acceptance of bookings for a private hire vehicle. A private hire operator must ensure that every private hire vehicle is licensed by this Authority and driven by a driver currently licensed by this Authority.
8.1.3 Applications for an operator’s licences must be made on the prescribed form, together with the appropriate fee. The Authority will then decide whether the applicant is a fit and proper person to hold an operator’s licence.
8.2 Criminal Record Checks
8.2.1 Private hire operators (as opposed to licensed drivers) are not exceptions in respect of the Rehabilitation of Offenders Act 1974, so Enhanced disclosures cannot be required as a condition of grant of an operator's licence. A Standard Disclosure from the Criminal Records Bureau or a certificate of good conduct from the relevant embassy for overseas applicants is, nevertheless, seen as appropriate. A reference, covering for example the applicant's financial record, as well as or instead of the checks outlined above is also seen as useful. If already licensed as a driver then that disclosure will be accepted.
8.2.2 Before an application for an operator’s licence will be considered, the applicant must provide a current (less than 3 months old) Standard CRB Disclosure of criminal convictions or a certificate of good conduct from the relevant embassy in the case of an overseas applicant.
8.2.3 The applicant for the operators licence must also submit a written business plan for the proposed business.
8.3 Conditions
8.3.1 The Authority has the power to impose such conditions on an operator’s licence, as it considers reasonably necessary.
8.3.2 It is proposed that the standard conditions set out in Appendix N be adopted as those considered to be reasonably necessary.
8.4 Record Keeping
8.4.1 Requiring operators to keep records of each booking, including the name of the passenger, the destination, the name of the driver and the number of the vehicle is accepted as good practice. This would, for example, enable police checks to be made if any mishap should befall a passenger or the driver and his vehicle.
8.4.2 Where the Booking Records are kept electronically the operator must ensure that the system clock is set accurately to either GMT or BST whichever is appropriate.
8.4.3 The conditions set out in Appendix N include a requirement that comprehensive records are kept in respect of all bookings, vehicles and drivers. Re-align the paragraph
8.5 Insurance
8.5.1 It is considered appropriate for an Authority to check that appropriate public liability insurance has been taken out for premises that are open to the public.
8.5.2 Before an application for an operator’s licence is granted, the applicant must produce evidence that they have taken out appropriate public liability insurance for the premises to be licensed.
8.6 Licence Duration
8.6.1 The Department for Transport considers that annual licence renewal is not necessary or appropriate. They recommend, as good practice, that a licence period of five years would be reasonable.
8.6.2 It is considered that 5 years is a long time in the context of the life of a business of this type. It is, therefore, proposed that a successful applicant will be granted a licence, for a three-year period from the date of grant, subject to the power to grant a licence for a shorter period, should this be appropriate in the circumstances
8.6.3 Applicants for renewal of a private hire vehicle operator’s licences are required to provide a current (less than 3 months old) standard criminal record check from the Criminal Records Bureau on application or hold a current Stoke-on- Trent City Council Hackney Carriage and Private Hire Vehicle Driver’s Licence.
8.7 Address from which an Operator may operate
8.7.1 Upon grant of an operator’s licence, the Authority will specify the address from which the operator may operate. The operator must notify the Authority in writing of any change of address, (whether this is a home address or the business address) during the period of the licence, within 7 days of such change, taking place.
8.8 Bases outside the City Council Area
8.8.1 The Authority will not grant an operator’s licence for an operator with an operating base that is outside the City Council area. This is to ensure that proper regulation and enforcement measures may be taken by the Authority and is in no way intended to be a restraint of trade.
8.9 Signage Before a licence is granted, the operator must have had approval for the signage to be displayed on any licensed vehicle proposed to be operated under the licence.
8.10 Award Schemes In recognition of private hire operators which perform well above their legal obligations, other local authorities offer a quality scheme providing reward and recognition to such businesses. We consider such schemes to be positive in encouraging compliance and we intend to adopt a similar scheme once a framework has been developed. LICENSING SERVICES WILL LOOK TO IMPLEMENTING THIS SCHEME WITHIN THE NEXT 12 MONTHS
9 FARES
9.1 General
9.1.1 Taxi Fares, set by a Local Authority, are a maximum, and can be negotiated downwards by the hirer. Licensing authorities have the power to set taxi fares for journeys within their area (there is no power to set PHV fares). The Department of Transport sees it as good practice to review the fare scales at regular intervals, including any graduation of the fare scale by time of day or day of the week. It suggests that in doing so authorities should pay particular regard to the needs of the travelling public, with reference both to what it is reasonable to expect people to pay but also to the need to give taxi drivers’ sufficient incentive to provide a service at the times when it is needed. Stoke-on-Trent City Council recognised that there was a case for higher fares at times of higher demand.
9.1.2 Out of City journeys can be negotiated prior to the commencement of the journey in both Private Hire Vehicles and Hackney Carriages.
9.2 Table of Fares
9.2.1 The maximum fares currently prescribed by the Authority are set out in Appendix O. A table of authorised fares will be provided to each hackney carriage licence holder, which must then be displayed in each vehicle so that it is easily visible to all hirers.
9.3 Review
9.3.1 Fare rates are currently, normally only reviewed by the Council following representations from the trade or from a particular sector of the trade.
9.4 Receipts
9.4.1 A driver must on request provide the customer with a written receipt for the fare paid, with adequate details to identify the journey, vehicle and driver.
10 FEES
10.1 Fee Structure
10.1.1 The legislation provides that these should be sufficient to cover the costs of inspecting the vehicles, providing hackney carriage stands, and administering the control and supervision of hackney carriages and private hire vehicles.
10.1.2 The fees payable for the grant and renewal of hackney carriage and private hire licences are set out in Appendix P. The fee structure is reviewed annually as part of the budgetary process and licence holders are notified of any changes. Notice of the current scale of fees will be supplied to new applicants at the time of application.
10.2 Payments
10.2.1 Fees for licences, deposits or vehicle inspections must be made payable to Stoke-on-Trent City Council.
10.3 Payment Refunds and Transfers
10.3.1 It is proposed that, in common with most types of licence, the appropriate fee will be paid when the application is submitted. The Authority does not make any refunds in respect of the unexpired portions of the licence fees. It is often more expensive to refuse a licence than to grant a licence, therefore any application fee is not refundable.
10.3.2 Incomplete applications by virtue of dishonoured payments will automatically result in the respective licence being suspended until the licence is paid for. Charges of theft may be brought against any dishonest payment.
11 TAXI RANKS
11.1 Appointed Ranks
11.1.1 Stoke-on-Trent Taxi Ranks is undergoing a revision of ranks with the Hackney Carriage and Private Hire trade.
Details of the existing ranks are included in Appendix Q, but these will be expanded and increased to accommodate the new hackney carriages.
11.2 Waiting on Stands
11.2.1 It is an offence for any person to cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages. Drivers of hackney carriages may only wait on a stand whilst plying for hire or waiting for a fare; drivers who park on a stand and leave their vehicle unattended are committing an offence.
APPENDIX A
HACKNEY CARRIAGES – PRE-LICENSING SPECIFICATION
DEFINITIONS
“You” means “the licensee”, “the licensees”, “applicant” or “applicants” as applicable. “We” and “Us” means Stoke-on-Trent City Council “Vehicle” means the vehicle to which the hackney carriage licence relates “Taxi” means hackney carriage
This document explained:
Two kinds of licence will be affected by this pre-licensing specification:
(1) Those persons who held a taxi licence prior to the first taxi licensing policy taking effect (01 February 2008) (2) Those persons seeking to obtain a taxi licence after the taxi policy took effect.
In simple terms, when we decided to increase the numbers of taxis this was balanced with a need to reduce unneeded variation in vehicle type, design and quality and the need to offer existing licensees a reasonable changeover period in order to comply with the new standards.
So, this document is split into three parts:
Part A: All Vehicles
Sets down the specification for ALL taxis.
Part B: ‘New’ Licence
Sets down the specification for all post-policy taxis
Part C: ‘Old’ Licence
Sets down the specification for all pre-policy taxi licences and the cut-off dates for meeting the Part B specification.
We may in exceptional circumstances modify any of these specifications after any necessary consultation with the trade and any responsible authorities. PART A: ALL VEHICLES
The Design
1. The taxi must be able to carry at least 4 passengers
2. The taxi must be right hand drive
3. The taxi must comply with the City Council’s Vehicle Age Scheme
4. The taxi must be capable of carrying a reasonable amount of luggage securely and without affecting the passenger seating area or emergency exits. If the luggage is located at the front of the vehicle, as per a London cab, a physical barrier shall be provided to prevent any luggage from interfering with the safe driving of the vehicle. If the luggage is located in the boot, then a permanent light must be fitted in the boot which operates automatically when the boot is opened.
(As a general guide, we would expect at least two thirds of the available boot space to be available for luggage.)
5. The taxi must not be structurally damaged or have been an insurance write-off, except where repaired and certified to the council’s satisfaction.
6. The taxi must not have ‘bull bars’ or other modification fitted that increases the risk to passengers, pedestrians or other road users.
7. The taxi must have at least 4 side-opening doors, which may be opened from the inside and the outside except minibuses, transits and people carrier type vehicles which shall have at least 3 doors not including any tailgate or rear doors.
8. The taxi must comply with the: a) Motor Vehicle (Type Approval) Regulations 1980 b) Motor Vehicle (Type Approval) Regulations (Great Britain) 1984 c) Road Vehicles (Construction and Use) Regulations 1986.
9. All vehicles shall have a “type approval” which is either a :- a) European Whole Vehicle Type approval (EC70/156/EEC as amended); b) British National Type approval; or equivalent. c) British Single Vehicle Approval or equivalent. Note: Vehicles converted from vans which have a type approval other than M1 will not be acceptable unless they are presented with approved M1 certification for the resultant vehicle. If a vehicle has been registered with DVLA and issued with an appropriate registration index number, no change, structural alteration or rearrangement of detail shall be carried out to the vehicle unless such change shall have been subsequently granted M1 Whole Type Approval.
10. The taxi must allow passengers to speak directly and easily with the driver.
11. The taxi must allow the driver and passengers to get in and out easily and safely.
12. The taxi will not have tints or other such visible obstructions on any windows which we consider are to the detriment of public safety. Blacked out windows or film on windows will not be accepted.
13. The Transport and Fleet Group will refuse to issue a suitability certificate for any proposed licensed vehicle where the inspector uses a “tint man” with a test guideline of a minimum of 25% light and a vehicle fails this test.
14. That ‘grandfather rights’ be awarded to currently licensed vehicles from compliance with the policy subject to the vehicle licence being kept in force.
15. Where a vehicle is utilised for the carriage of passengers in a wheelchair, the following conditions shall apply: a) Access to and exit from the wheelchair position must not be obstructed in any manner at any time except by wheelchair loading apparatus. b) Wheelchair internal anchorage must be of the manufacturer’s design and construction and secured in such a position as not to obstruct any emergency exit. c) A suitable restraint must be available for the occupant of a wheelchair. d) Access ramps or lifts to the vehicle must be securely fixed prior to use, and be able to support the wheelchair, occupant and helper. e) Ramps and lifts must be securely stored in the vehicle before it may move off. f) When deployed, ramps must run flush with the interior floor level. g) The licensee may permanently affix a sign to the outside of the vehicle indicating that it is able to convey passengers in wheelchairs provided that the vehicle has been manufactured or properly adapted for that purpose.
16. Any equipment fitted to the taxi for lifting a wheelchair into the vehicle must have been tested in accordance with the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (S.I. 1998/2307). Any such equipment must be maintained in good working order and be available for use at all times.
17. The taxi (other than minibuses, transits, people carrier type vehicles and those with built-in roof signs), must be fitted with an illuminated external sign on and above the roof of the vehicle a) showing the word “TAXI” on the side facing the front and the name of the company, or its telephone number, or “TAXI”, or any combination of the three on the side facing towards the rear of the vehicle. The roof sign and lettering shall be of an appropriate size to enable it to be read clearly from a distance of 14 metres. b) which is centrally mounted on the vehicle roof and adequately secured either directly to the roof or mounted on a single roof bar and secured by sufficient fixings to safely secure the sign for driving at high speed or in high winds. Magnetic or suction fittings alone are not considered suitable without additional means of fixing.
18. It is also recommended that vehicles with Euro NCAP star ratings of 4 or more should be considered when purchasing a new vehicle.
19. If the taxi has been converted to run on LPG or any other non-standard fuel (e.g. hybrid conversion or electric only)it must have a certificate issued by a member of the LPG Association, or other certifying body confirming satisfactory installation, examination and testing of the vehicle in accordance with LPG Association Code of Practice(or other Code of Practice appropriate to the conversion type); and that the vehicle is therefore considered safe.
Other relevant information: See www.lpga.co.uk for information on LPG conversions and certificates.
Other relevant legislation: Use of Transportable Pressure Receptacles Regulations 1996 – Where vehicles are powered by liquid petroleum gas they should have appropriate signage to denote the danger of the flammable liquid gas.
20. The taxi must have windows at the rear and sides and at least one window on either side must be able to be opened and closed.
21. Any installed devices (including the taximeter, navigation system, radio or communications device) shall be fixed and secured so that they do not interfere with the safe driving of the vehicle or visibility of the driver.
22. The vehicle shall have one or more interior light(s) fitted which can be turned on and off by the driver and automatically when any of the doors are opened.
23. All passenger seats shall have a lap and diagonal 3 point seat belt, or where this is not possible, a 2 point lap belt appropriate to the type and position of the seat, any seat belt will
a) comply with the strength requirements specified in European Directive 76/115 EC (as amended) and Regulations 46 and 47 of the Road Vehicle (Construction and Use) Regulations 1986, whether or not those Directives or Regulations apply to that particular seat or the vehicle. b) comply with European Directive 77/541/EC(as amended) and; c) all seat belts shall be securely anchored so as to comply with M1 standards laid down in European Directive 76/115 EC (as amended) or ECE Regulation 14 whether or not those requirements apply to that particular anchorage or vehicle. 24. All passenger seats and the devices used to secure them to the vehicle shall comply with the relevant M1 standards contained in European Directive 74/408 EC (as amended)
The Vehicle Condition
25. The inside and outside of the taxi will be in a clean, safe and presentable manner to our satisfaction.
26. The outside of the taxi will be free from large dents, rust or un-repaired accident damage and with even paintwork matching to that applied by the manufacturer.
(Whilst we generally define a ‘large’ dent as one above 15cm x 15cm, this is not binding as other factors are relevant including number of dents, dent locations, shapes and contours. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
27. The inside of the taxi will be free of all visible stains, splits, and tears to the same (unless satisfactorily repaired or covered neatly). The seats shall be required to function in accordance with the original manufacturer’s specification and shall not be excessively worn to the detriment of passenger comfort. All carpets and mats will be fitted so as to not be a trip hazard. (Please see the Suitability Inspection Criteria contained in Appendix ????.)
Required Extras
28. First aid kit recommended but not required.
29. The taxi will have a fire extinguisher and be equivalent to a 1kg ABC dry powder type extinguisher which conforms to British Standard which will be:
a) located safely where it is ready to be used by the driver, b) unpacked and ready to use
30. The fire extinguisher will be permanently marked with the vehicle registration number and be stowed safely in the vehicle.
31. An official copy of the Council’s fare card shall be clearly displayed in the vehicle so as to be plainly visible to passengers carried therein and shall not be located so as to significantly obscure the vision of the driver while the vehicle is being driven on a road.
Optional Extras
32. Where the vehicle is also intended to be operated by a private hire operator, you will display the approved signs for that operator, in the manner approved by us.
PART B: ‘NEW’ LICENCE
1) The taxi must have an engine size of not less than 1298cc 2) The taxi must be serviced according to the manufacturer’s recommendations and proof must be available for inspection. 3) The taxi must be a BLACK M1 type approved ‘purpose built’ taxi(see Part B1: Approved List of Purpose Built Taxis) 4) Where there is any conflict between this specification and the specification detailed in Part A, this specification shall supersede the requirements of Part A.
The Taximeter
5) An approved taximeter must be fitted and must be correctly calibrated, sealed and fully functional in accordance with the current Council approved fare structure and easily visible to passengers.
(It is strongly recommended that any installed meter is capable of being locked into a calendar controlled mode. Following this recommendation will future proof the meter against any future requirement, which might cause that any none calendar controlled meter to be redundant.)
6) The taximeter must have no other fare rates installed except those approved by us.
7) The taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances, so as not to be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.
8) The taximeter shall be positioned so that all letters and figures on the face thereof may be at all times plainly visible to any person being conveyed in the vehicle. The dial of the taximeter shall be kept properly illuminated throughout any part of the hiring which is during the hours of darkness as defined for the purposes of the Road Transport Licensing Act 1957 and also at any time at the request of the hirer.
9) When the meter is operating there shall be recorded on the face of the meter in clearly legible figures a fare not exceeding the maximum fare that may be charged for a journey.
Livery
10) The taxi may have a full livery subject to the following conditions:
a) That application has been made in writing providing graphics of exactly how the livery will appear on the vehicle with the correct fee.
b) That we have approved the design in writing after considering whether the proposed livery:
i) Significantly interferes with the clarity the licence signage ii) Is suitable for general public consumption? iii) Could cause offence to any reasonable person iv) promotes any irresponsible, unsafe or criminal behaviour? v) promotes a negative image of Stoke-on-Trent or its inhabitants?
c) Applications will be immediately refused which contain abusive words or images, or similar words or characters communicating what could be interpreted as an abusive or offensive message.
New Taxis - Vehicle Age Option 1 – no change 11) Any proposed vehicle shall not be more than two years old when first licensed and must remain licensed. Being under two years old, the vehicle will naturally comply with the Euro IV European emission standard for M1 type vehicles. 12) Any vehicle shall not be re-licensed once more than ten years old, except where the vehicle is in exceptional condition. Option 2 13) Any proposed vehicle shall not be more than 12 months old when first licensed and must remain licensed. 14) Any vehicle shall not be re-licensed, annually, once more than eleven years old, over this age the vehicle licence will be restricted to a 6 month licence, the vehicle will therefore be subject to full suitability test every 6 months. The fee for the 6 month licence will be adjusted accordingly. Option 3 15) Any proposed vehicle shall not be more than five years old when first licensed and must remain licensed. 16) Any vehicle shall not be re-licensed, annually, once more than eight years old, over this age the vehicle licence will be restricted to a 6 month licence, the vehicle will therefore be subject to full suitability test every 6 months. The fee for the 6 month licence will be adjusted accordingly.
Wheelchair Accessibility
17) The design of the vehicle should ensure that any wheelchair is loaded from the side rather than the rear of the vehicle and access shall only be fitted to the nearside access doorway of the vehicle, kerbside on a normal two-way road.
18) All vehicles shall be able to accommodate at least one wheelchair using passenger and the vehicle shall have been certified, or certified after modification, to meet the European Community Whole Vehicle Type Approval standards in the M1 category.
19) All vehicles shall have a designated space capable of accepting a reference wheelchair, of at least 1200mm by 700mm (measured front to back and side to side) with a minimum headroom of 1350mm measured from the floor of the vehicle for each passenger confined to a wheelchair. The space(s) shall be immediately adjacent to a vehicle door fitted with the wheelchair access equipment so that the wheelchair confined passenger can board the vehicle and use the anchoring equipment with the minimum of manoeuvring.
20) A system for the effective anchoring of wheelchairs shall be provided which complies with the strength requirements for M1 standards and currently approved anchorage standards (currently ISO standard 10542). Wheelchair(s) must only face forward or rearward when the vehicle is in motion.
21) A full set of restraints shall be available in the vehicle for each wheelchair capable of being carried as permitted by the vehicle licence.
Lights
22) The vehicle shall have one or more interior light(s) fitted in the passenger compartment which illuminate the compartment and can be turned on and off from both the driving and passenger compartments and operate automatically when a door is opened.
23) A means of illuminating the entrance steps at all access doors into the passenger compartment shall be fitted and switched such that they operate automatically when a door is opened.
Getting in and getting out
24) At the main access door into the passenger compartment steps will be fitted as follows: a) Where the internal floor height is more than 300mm above the road level, a step shall be provided every 300mm. b) The tread of each step must be at least 150mm deep, be slip resistant and have all open edges highlighted in a contrasting high visibility colour to match handrails and seat markings. c) The tread of each step must be capable of supporting at 150kg. d) Steps shall be accompanied by handrails fitted appropriately to help customers use the steps provided. All handrails shall be in a contrasting high-visibility colour and be non-slip.
25) Floor areas and passageways shall be free from steps or trip hazards and shall have a slip resistant surface securely fitted to the floor. Integral steps and doorways will not count toward this requirement.
26) Any gap through which a passenger can be expected to pass shall be a minimum width of 400mm through which an adult can pass freely in a normal manner without undue difficulty.
27) A mechanism shall be fitted which positively holds the access door in the open position whilst in use so that it must deliberately be closed.
28) Every passenger seat shall have the forward edge highlighted in a contrasting colour so as to assist passengers with visual impairments.
Bulkheads, Driver Safety and Communications
29) The bulkhead or safety screen where fitted shall be a full width and full height screen fitted in the vehicle directly behind the driver’s seat. The upper section shall be a clear vision panel so that the driver can see a substantial amount of the passenger compartment including all access doors.
30) A means of passing payment shall be incorporated into any screen to enable payment to be made from within the vehicle.
31) The bulkhead or safety screen shall be continuous material to prevent any passenger reaching into the driver’s compartment from the passenger compartment.
32) The vision panel section of the bulkhead or safety screen shall be constructed of safety glass without tint to the standard required for windscreens laid down in Regulations 30,31 & 32 of The Road Vehicles (Construction and Use) Regulations 1986 or any clear impact resistant material such as safety glass or polycarbonate.
33) Where seats are mounted onto the bulkhead or a wheelchair is secured against it, the remainder of the bulkhead shall have been subjected to a separate static pull-test consistent with the number of seats and seat belts fixed to it. Certification to this standard must be produced at the time the application is made for a licence.
34) Any bulkhead or safety screen system must allow verbal communication between the driver and passenger by way of an intercom system which can be operated by the passenger.
35) An induction loop facility must be installed and clearly signed for the use of passengers with hearing aids.
Passenger comfort
36) All vehicles licensed after the 1st January 2010 shall be fitted with a heating system which enables the rear passenger compartment to be heated independently from the front/drivers compartment.
PART B1: APPROVED LIST OF TAXIS
1) This list defines what vehicles we will licence as taxis. 2) No other vehicles except those listed below will be licensed as taxis. 3) Vehicles can be removed from this list at our discretion. Disapproved taxis will continue being licensed unless it is considered in the greater public interest that the vehicle be exchanged for another approved make and model. 4) Vehicles can be considered for addition to this list on written application, providing a full vehicle specification and proof that the proposed vehicle meets the pre-licensing criteria. Making an application does not mean automatic approval, so we advise in the strongest terms not to assume approval will follow or to buy any vehicle until the vehicle appears on the approved list.
** Any vehicle must be BLACK to be licensed**
TW200 TW300 Both manufactured by: TW Automotive - www.twautomotive.co.uk - Tel 0845 603 8470
Peugeot E7 Range Peugeot E7 Range (New) Both manufactured by: Allied Vehicles - www.cabdirect.com - Tel: 0800 916 3021
Mercedes Benz M8 LTI TX4 Manufactured by: Allied Vehicles Manufactured by: LTI Vehicles www.cabdirect.com/vehicles/M8/ www.lti.co.uk Tel: 0800 916 3021 Tel: 02476 572000
Nissan NX8 Citroen LC7 “Le Cab Noir” Manufactured by: Voyager MPV Manufactured by: Voyager MPV www.voyagermpv.co.uk www.voyagermpv.co.uk Tel: 01270 256670 Tel: 01270 256670
Fiat LC7 “Le Cab Noir” Peugeot LC7 “Le Cab Noir” Manufactured by: Voyager MPV Manufactured by: Voyager MPV www.voyagermpv.co.uk www.voyagermpv.co.uk Tel: 01270 256670 Tel: 01270 256670
Fiat / Peugeot XL7 Eurocab Manufactured by: Specialist Vehicle Assemblies Limited www.taxiwarehouse.co.uk Tel: 0121 328 2221
Fiat Scudo SCOTCAB Volkswagen EUROCAB Manufactured by: Fiat Scudo ScotCab Manufactured by: Jubilee Automotive Group www.scotseats.com http://www.jubileeauto.net/VWEuroCab.php Tel: 01560 600 100 Tel: 0121 502 2252
Citroen LC7 Mercedes-Benz Vito Rear Steer Automatic Manufactured by: Voyager www.voyagermpv.co.uk http://vitotaxilondon.com Tel: 01270 256670
PART C: ‘OLD’ LICENCE
Sets down the specification for all pre-policy taxi licences and cut-off dates for updating or changing the vehicle to meet the Part B specification.
Continuation Rights Expire on 31 January 2015 REMOVE THIS SECTION
1) Any taxi which was licensed on 31 January 2008 (before the effective date of Stoke-on-Trent City Council’s first Taxi Policy), may continue to be licensed (or a substitute similar Vehicle) until 31 January 2020 (when the specification expires) - REMOVE THIS.
2) Before then, the licensee may need to make arrangements to replace their taxi with a vehicle and taximeter compliant with Parts A and B of this specification.
Livery
3) All vehicles shall be painted “Ford Galaxy Blue (or similar) with a white bonnet and boot. Purpose built vehicles and wheelchair accessible vehicles will be painted black or “Ford Galaxy Blue (or similar) with a white bonnet and boot. – REMOVE THIS Vehicles which are already licensed which do not comply with the livery will retain Grandfather rights subject to the vehicle licence being kept in force. As from 31st March 2013 all replacement vehicles must be painted BLACK
The Taximeter
4) A taximeter must be fitted and must be correctly calibrated, sealed and fully functional in accordance with the current Council approved fare structure and easily visible to passengers.
5) The taximeter must have no other fare rates installed except those approved by us.
6) The taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances, so as not to be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.
7) The taximeter shall be positioned so that all letters and figures on the face thereof may be at all times plainly visible to any person being conveyed in the vehicle. The dial of the taximeter shall be kept properly illuminated throughout any part of the hiring which is during the hours of darkness as defined for the purposes of the Road Transport Licensing Act 1957 and also at any time at the request of the hirer.
8) When the meter is operating there shall be recorded on the face of the meter in clearly legible figures a fare not exceeding the maximum fare that may be charged for a journey.
APPENDIX B
HACKNEY CARRIAGE LICENCE CONDITIONS
DEFINITIONS
“You” means “the licensed proprietor(s)” “Your” means “of you” “Your vehicle” means the vehicle to which this licence relates “We” and “Us” means Stoke-on-Trent City Council “Driver” means a person licensed by us to drive your vehicle “Licence Plate” means the rear external plate issued by us for the purposes of identifying the vehicle as a licensed Hackney Carriage.
GOVERNING LEGISLATION
Licensed taxis, operators, vehicles and drivers are licensed and governed under Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847, Transport Act 1980 and Disability Discrimination Act 1995 and other amending laws. This is not an exhaustive list.
These conditions are issued to you under powers conferred on us by Parliament. Action may be taken against you for breach of these laws and these conditions. Appendix R to the Licensing Policy briefly describes each offence under the above laws and the maximum penalties, which you should read.
We will give you our interpretation of these laws, but this is not guaranteed as authoritative. If you are unsure of the law and your responsibilities, you should seek your own legal advice on all matters.
WHAT YOU HAVE TO TELL US…
1) Changes to your licence details: You will report to us in writing on the prescribed forms within seven days, if your details change from those given with your application, including
a) your name b) your address c) who drives your vehicle d) Any changes to the insurance policy in the policy provider (underwriter), the level of cover or limitations to use, and named drivers.
2) Accidents: You will report to us in writing on the prescribed forms, as soon as possible and in any case within 72 hours of the event, any accident to a licensed vehicle causing damage affecting the safety, performance or appearance of the vehicle or the comfort or convenience of persons using the vehicle. Do not assume that another person has done this already.
3) Transfers: (This is the responsibility of the outgoing licensee)
a) You will give us notice in writing on the prescribed forms, as soon as possible and in any case within 14 days, if you transfer the vehicle licence to another person, or add another person onto the licence.
b) You will make arrangements to present to us a Transfer Application Form completed by you and the proposed licensee with the vehicle insurance and the appropriate transfer fee within the 14 day deadline.
The vehicle licence will remain in your name and we will reject your application if you do not provide these documents and the fee
4) Refusals, Suspensions and Revocations: If you apply for, or hold any hackney carriage or private hire operator, vehicle or driver licences with any other council, then you must inform us in writing and within seven days if any application is refused, or licence is suspended or revoked detailing the date of decision, the name of the council, the licence number(s) of the licences suspended or revoked. You must also provide us with a copy of the decision notice issued by the other council giving the grounds for the action.
DRIVERS
5) Unless you are licensed by us to drive hackney carriages, you will not drive your vehicle.
6) Before allowing any person to drive your vehicle for any reason, at any time, you will demand Part C of the driver’s licence (marked “Vehicle Licensee’s Copy”) and inspect the driver’s badge. You will retain the Part C document in a safe and secure location and present these documents to an authorised officer on request.
7) When asked to present records, you will present each driver licence’s Part C or any other alternative document containing the same information in any format which is durable, legible and orderly.
8) You will keep each driver’s licence Part C, or a copy of the same, for at least 12 months from the last booking for that driver.
9) Where a driver is no longer used by you, you will keep a copy of that driver’s licence Part C and return the original to him.
10) You will systematically check your records for expiring driver licences and demand from any driver of your vehicle a replacement Part C of the relevant licence to continue to be satisfied as to the driver’s licence status.
SIGNS
11) No signs bearing the vehicle licence number shall be transferred to another vehicle.
12) You will comply with the signage requirements detailed in Schedule 1 attached to these conditions
13) You will display a roof sign on the vehicle bearing the word “TAXI” which the driver will illuminate from inside the vehicle when the vehicle is plying for hire but not otherwise.
14) You will display the approved rate of fares card plainly and distinctly in the cabin of the vehicle (and shall not be located so as to significantly obscure the vision of the driver while the vehicle is being driven on a road) and maintain it so that the information on the card is clearly visible to the passengers and you will renew or replace the card as often as is necessary to keep it up to date.
15) You will not continue to use a vehicle until you have repaired or replaced any damaged or missing signs.
FIRE EXTINGUISHER
16) The taxi will have a fire extinguisher and be equivalent to a 1kg ABC dry powder type extinguisher which conforms to British Standard which will be:
a) located safely where it is ready to be used by the driver, b) unpacked and ready to use c) permanently marked with the vehicle registration number
INSURANCE
17) You will keep in force a policy of insurance or such security as complies with the requirements of Part VI of the Road Traffic Act 1972 during the currency of the vehicle licence, covering the vehicle for public hire use and not private hire use.
TINTED WINDOWS
18) You will not have tints or other such visible obstructions on any windows which we consider are to the detriment of public safety.
MODIFICATIONS
19) You will not modify the specification, design, condition or appearance of your vehicle without first complying with road traffic and insurance legislation and gaining our written approval.
VEHICLES POWERED BY LIQUID PETROLEUM GAS (LPG) / ALTERNATIVE FUELS
20) If you convert a vehicle to run on LPG or any other non-standard fuel (e.g. hybrid conversion or electric only) mid-licence you will not carry any fare paying passengers until: a) you have produced to us a certificate issued by a member of the LPG Association (or other certifying body appropriate to the conversion type) confirming satisfactory installation, examination and testing of the vehicle in accordance with LPG Association Code of Practice (or other Code of Practice appropriate to the conversion type); and that the vehicle is therefore considered safe. b) a licensing officer has inspected your vehicle to check that a reasonable amount of luggage space remains and that the passenger cabin is not adversely affected.
(As a general guide, we would expect at least two thirds of the available boot space to be available for luggage.)
Other relevant information: See www.lpga.co.uk for information on LPG conversions and certificates.
Other relevant legislation: Use of Transportable Pressure Receptacles Regulations 1996 – Where vehicles are powered by liquid petroleum gas they should have appropriate signage to denote the danger of the flammable liquid gas.
MAINTAINING THE VEHICLE
21) You will keep the vehicle compliant with the pre-licensing specification at all times.
22) You will keep the inside and outside of your vehicle in a clean, safe and presentable manner to our satisfaction.
23) You will keep the outside of the vehicle free from large dents, rust or un-repaired accident damage and with even paintwork matching to that applied by the manufacturer. (Whilst we generally define a ‘large’ dent as one above 15cm x 15cm, this is not binding as other factors are relevant including number of dents, dent locations, shapes and contours. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
24) You will keep the inside of the vehicle free of all visible stains, splits, and tears to the same (unless satisfactorily repaired or covered neatly). The seats shall be required to function in accordance with the original manufacturer’s specification and shall not be excessively worn to the detriment of passenger comfort. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
25) You will repair all damage as soon as can be reasonably expected.
Recommendation only: We recommend that you maintain at least one spare set of bulbs for each external light of the vehicle and advise any driver of the vehicle, where the bulbs are located and how to change the bulbs.
Recommendation only: We recommend that as a matter of good customer service that you keep a at least one tourist information booklet in your vehicle for drivers to give to any passenger who would like one. Two packs are issued with each vehicle licence and replacements are available free of charge from Licensing Services or the Tourist Information Office. - REMOVE THIS SECTION
TAXIMETER
26) Your vehicle will have a taximeter which...
a) is set to the current rate of fares b) has no other fare rate installed on the meter except the current rate of fares allowed by us. c) Is located where it is plainly and distinctly visible to all passengers. d) You will make sure that the meter and all the fittings are sealed so that it is not practicable to tamper with the meter except by breaking, damaging or permanently displacing the seals or other appliances. e) provides that the fare can be suitably illuminated when the meter is on. f) as a strong recommendation is capable of being locked into a calendar controlled mode. Following this recommendation will future proof the meter against any future requirement, which might cause any none calendar controlled meter to be redundant.
27) If your taximeter has a flag or other device fitted, bearing the words “FOR HIRE” then the flag or other device shall…
a) Plainly and distinctly display the words “FOR HIRE” on each side in plain letters at least one and a half inches in height only when the taximeter is not in active use. b) be capable of being locked in a position in which the words are horizontal and legible, and in this position, no fare shall be displayed on the meter.
28) If your taximeter does not have a flag or other device bearing the words “FOR HIRE” then…
a) the taximeter shall be fitted with a key or other device which, when turned shall lock into position, start the meter and cause the word “HIRED” to appear on the face of the taximeter
b) you will provide a sign bearing the words “FOR HIRE” in plain letters at least one and a half inches in height which can be safely operated by the driver to indicate clearly and conveniently to persons outside the carriage whether or not the carriage is for hire.
29) You will ensure that at the commencement of any journey your taximeter is switched on and that the correct rate is set. You will also ensure that the chargeable fare is plainly and distinctly legible and that the word “FARE” is printed on the face of the taximeter in plain letters and cannot easily be confused with any other figures or letters displayed on the meter.
30) You will not allow anyone to drive your vehicle for hire purposes until you are satisfied that they know how to properly use the meter.
31) You will notify us of any damage to the meter (and repair it and any seals as soon as possible after any damage.)
COMPLIANCE WITH OTHER LEGISLATION
32) Nothing in these conditions should be construed in any way to provide an exemption from compliance with any other legal duties.
USING YOUR BEST ENDEAVOURS
33) You will use your ‘best endeavours’ to ensure that your drivers and operators observe and perform the conditions of their licences and do not commit any offences under the Town Police Clauses Act 1847, Local Government (Miscellaneous Provisions) Act 1976, Disability Discrimination Act 1995 and General Road Traffic Laws and Construction and Use Regulations.
More Information: This condition requires that you “take all those steps in your power which are capable of producing the desired results, being steps which a prudent, determined and reasonable person acting in your own interests and desiring to achieve that result would take". (Paraphrased from IBM UK Limited v Rockware Glass Ltd (1980) FSR 335 (CA))
CHANGES TO CONDITIONS
34) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered necessary.
DO YOU THINK THESE CONDITIONS ARE UNREASONABLE?
If you are aggrieved by any of these conditions you can appeal to a Magistrates Court.
SUMMARY OF CONDITIONS
THINGS YOU HAVE TO TELL US ABOUT…
Changes to your Licence Details Changes to your Personal Details If you intend to transfer the vehicle licence to another person. Accidents Refusal, Suspension or Revocation of Licences with Other Local Authorities
SCHEDULE 1 – Signage Conditions.
Section A – Definitions and Notes
In this schedule: -
“You” means “the licensee” (or “the licensees”) “We” and “Us” means Stoke-on-Trent City Council “Vehicle” means the vehicle to which the hackney carriage or private hire vehicle licence relates
Any images of signs in these conditions are not to scale and may not accurately reflect the current design of the relevant sign.
Section B – The Law and Signage
(1) Local Government (Miscellaneous Provisions) Act 1976, Section 48 requires us to issue you with a plate identifying your vehicle as a licensed private hire vehicle.
(2) Town Police Clauses Act 1847, Section 51 requires a hackney carriage licensee to display a plate showing the maximum number of passengers.
(3) On both hackney carriage and private hire vehicles, Local Government (Miscellaneous Provisions) Act 1976, Sections 47 and 48(2), gives Stoke-on-Trent City Council the authority to impose ‘such conditions as it considers reasonably necessary’. Any person aggrieved by any condition placed on a licence has a right of appeal to the magistrates’ court.
(4) Once your hackney carriage or private hire vehicle is licensed, these licence conditions apply at all times the licence is in force (24 hours a day, 7 days a week) even if the vehicle is being used for ‘private, social or domestic’ purposes.
You do not have to comply with these conditions when the licence expires, is suspended (and not appealed) or when the licence has been revoked (and not appealed).
Section C – Required Signs
C1 REQUIRED SIGNS
In the interests of public safety and public information, Stoke-on-Trent City Council makes it a condition of your licence that you attach these signs to your vehicle:
Outside Your Vehicle
Sign Reference Description Supplied by EX1 Rear Plate (Read Notes 1 & 2) Stoke-on-Trent City Council EX2 Front Plate (Read Note 1) Stoke-on-Trent City Council EX3 2 Operator Signs Your Private Hire Operator(s) (Read Note 3) EX4 Proprietor’s Name & Door Signs You / Your Private Hire Operator(s) (Read Note 3) EX5 2 “Jump in” Stickers Stoke-on-Trent City Council (Read Note 3)
(1) These plates do not fix directly onto your vehicle. They fit into a platform which is permanently attached to your vehicle. (2) To satisfy our legal obligations as defined in Section B(1) and B(2), we identify the rear plate on the outside of your vehicle. (Sign Ref: EX1) as the statutory plate. (3) To avoid having to replace or remove these signs, you should make sure that only signs are used which have been approved by us for your private hire operator(s).
Inside Your Vehicle
Sign Reference Description IN1 1 Front Passenger Sign Stoke-on-Trent City Council IN2 2 Rear internal facing Stoke-on-Trent City Council Passenger Signs IN3 2 Rear external facing Stoke-on-Trent City Council Passengers signs IN4 1 No Smoking Sign Stoke-on-Trent City Council
All of the signs inside your vehicle sit in adhesive pockets which are permanently attached to your vehicle. These pockets stays fixed to your vehicle, even when the sign is removed. The pockets and signs shall be maintained at all times.
Section D – Outside Your Vehicle
Hackney Carriage – EX1
EX1a REAR PLATE (x1) – FIXING
You will fix the rear plate to your vehicle using a fixing method detailed in the suppliers (VIP) workshop manual. This manual is available for reference on request.
EX1b REAR PLATE (x1) – LOCATING
You will put the rear plate on the outside rear of the vehicle with the plate information clearly displayed and in a vertical place, on, or above the bumper either (1) side by side with the vehicle registration number plate with at least 5cm distance apart or (2) in any other position, on or above the bumper and where this option is chosen, the vehicle shall only display a standard vehicle registration number plate (where all the letters of the number plate are on one row), to ensure the vehicle does not look untidy.
Hackney Carriage – EX2
EX2a FRONT PLATE (x1)– FIXING
You will fix the front plate to your vehicle using a fixing method detailed in the suppliers (VIP) workshop manual. This manual is available for reference on request.
EX2b FRONT PLATE (x1)– LOCATING
You will put the front plate on the outside front of the vehicle with the plate information clearly displayed and in a vertical place, on, or the above the bumper. The plate shall not be located within 5cm of the registration plate of the vehicle.
EX3 DOOR SIGNS (x2) – PRIVATE HIRE ONLY
You will permanently display the approved door signs of your nominated operator to upper half of the driver’s door and front passenger’s door of the design and dimensions approved by the Council in writing. Any door signs shall distinctly contrast with the colour of the vehicle to which they are attached. Where your vehicle is operated by more than one private hire operator, you will display only those approved door signs for the operator operating the vehicle at any given time.
PROPRIETOR’S NAME (x2) & DOOR SIGNS(x2) – HACKNEY CARRIAGE EX4 ONLY
All Hackney Carriages must have permanently affixed to the two front doors of the vehicle the Proprietor’s name in full in white or gold lettering (unless otherwise agreed in writing by the Council). The lettering shall be a minimum of one inch and a maximum of two inches in height and width. The Proprietor may also display on the two front doors the company name in addition to the Proprietor’s name but not in place of. No signs, advertisements or distinguishing marks may appear on the vehicle without prior written consent of the Council. The use of magnetically affixed signs is not allowed.
Hackney Carriage – EX5
EX5 REAR PASSENGER DOOR STICKERS (x2)– FIXING
You will place the stickers on the outside of the rear passenger doors on the upper part of the door of the vehicle with the information clearly displayed and in a vertical place so that they are plainly and distinctly visible to any passenger entering the rear of the vehicle.
Section E – Inside Your Vehicle
Hackney Carriage – IN1
IN1a FRONT PASSENGER SIGN (x1)– FIXING AND LOCATING
You will place the front passenger sign in the plastic pocket provided by us and you will fix this to your vehicle in a horizontal position on the dashboard of the vehicle or other suitable location so that it is plainly and distinctly visible to any passenger seated in the front passenger seat of the vehicle.
Hackney Carriage – IN2 (x2)
IN2a REAR PASSENGER SIGN (x2) – FIXING AND LOCATING
This condition applies to vehicles with a passenger seating capacity of 4 or less. Each rear passenger sign will be placed in the plastic pocket provided by us and you will fix this to your vehicle in a horizontal position in the rear quarter light glass on each side of the vehicle. Where the vehicle does not have rear quarter light glass, signs may be attached in any alternative location so that they are plainly and distinctly visible to any passenger seated in the rear of the vehicle.
IN2b REAR PASSENGER SIGN (x2) – FIXING AND LOCATING
This condition applies only to vehicles with a passenger seating capacity of 5 or more. (1) Where the passenger seating area is not split into rows of seats facing in the same direction, as in an FX4 (Black Cab) for example: a. A sign shall be suitably located so that it is plainly and distinctly visible to passengers getting into the vehicle, and; b. The second of these signs shall be located so that it is plainly and distinctly visible to passengers sitting in the vehicle. (2) Where the passenger seating area is split into rows of seats the rear passenger signs will be located as follows: a. The first rear passenger sign shall be located on the off-side window opposite the passenger door so that it is plainly and distinctly visible to passengers getting into the vehicle. b. The second rear passenger sign shall be located on the near-side window in the second row of seats behind the driver so that it is plainly and distinctly visible to passengers sitting in the vehicle.
Hackney Carriage – IN3 (x2)
IN3 REAR PASSENGER SIGN (x2) – FIXING AND LOCATING
Each rear passenger sign will be placed in the plastic pocket provided by us and you will fix this to your vehicle in a horizontal position in the rear quarter light glass on each side of the vehicle. Where the vehicle does not have rear quarter light glass, signs may be attached in any alternative location so that they are plainly and distinctly visible to any passenger getting into the vehicle.
Hackney Carriage – IN4
IN4 NO SMOKING SIGNS You will display in the vehicle at least 1 no-smoking sign in each compartment of the vehicle displaying the international “no smoking” symbol in dimensions at least 85mm in diameter in these locations:
a) Front Passenger ‘No Smoking’ Sign (x1) You will attach a no smoking sign to the dashboard or other similar location so as to be plainly and distinctly visible to any passenger seated in the front passenger seat of the vehicle. b) Rear Passenger ‘No Smoking’ Sign (x1) For rear compartmented vehicles only you will attach a no smoking sign in a location so as to be plainly and distinctly visible to any passenger seated in the rear passenger seats of the vehicle.
Further ‘No Smoking Signs’ available on request
Section F – General Conditions
F1 Signage remains City Council property
All signage issued bearing the vehicle licence number remains City Council property.
F2 Displaying Signs in Prescribed Manner
All signage shall always be displayed on the licensed vehicle in the prescribed manner when this vehicle licence is in force. F3 Maintaining Signs
You will ensure that before your vehicle is used that the plates and signs are maintained in a good, clean, condition and that the sign information can always be read and shall not be obscured from public display by, for example, locating the licence plate behind the tow bar.
F4 No other signs allowed
Except for the signage detailed in these conditions, no signs, advertisements or distinguishing marks may appear on or inside the vehicle without prior written consent of the Council. Where we have given written consent varying these standard conditions, you will keep a copy of such consent in the vehicle and produce it to an authorised officer on request.
F5 Report Lost or Stolen Signs
You will report any lost or stolen plate or sign to us and the police within 72 hours and provide a crime reference number for such a loss.
F6 Replacement of Lost, Damaged or Stolen Signage or Fixings
Where any plate, sign or fixing is lost, damaged or stolen then you will forthwith obtain replacement signage from us at your own expense.
F7 Authority to remove and add signage
If the vehicle licence expires, is revoked or suspended, any authorised officer or constable may: (a) immediately remove and retain any signage (except the rear plate for exterior fixing) bearing the vehicle licence number until the licence is reinstated. (b) attach signage to the vehicle as may be approved by the Licensing Manager from time to time to show that the vehicle licence is suspended. Any tampering or removal of this signage during a period of suspension will be viewed as obstruction.
F8 Return of Signage on Renewal of Licence
Where a renewal application is made, the licensee shall (unless he has already done so) return to the council with his application all the signage issued to him bearing the vehicle licence number, or, if that is not practicable, by a statement of the reasons for the failure to provide that signage with his application. Failure to do so, or to give an acceptable written explanation will result in the application being rejected, or being referred to the Licensing and Registration Panel for determination.
THIS PAGE TO BE REPLACED WITH MORE ACCURATE DIAGRAM
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APPENDIX C
PRIVATE HIRE VEHICLE – PRE-LICENSING SPECIFICATION
DEFINITIONS
“You” means “the licensee”, “the licensees”, “applicant” or “applicants” as applicable. “We” and “Us” means Stoke-on-Trent City Council “Vehicle” means the vehicle to which the private hire licence relates “Private Hire Vehicle” may be interpreted in the same way it is interpreted in the Local Government (Miscellaneous Provisions) Act 1976.
This document explained:
Two kinds of licence will be affected by this pre-licensing specification:
(1) Vehicles which may be licensed as ‘normal’ private hire licence. (2) Vehicle which are defined as limousines or novelty vehicles in Appendix E to this policy. The specification for limousines and novelty vehicles is included in Appendix E and should be read in conjunction with this specification.
This document is a reference document designed to act as a guide for vehicle inspectors and vehicle owners on the specification laid down by the Licensing Service for private hire vehicles.
We may in exceptional circumstances modify any of these specifications after any necessary consultation with the trade and any responsible authorities.
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PRIVATE HIRE VEHICLES
Not Hackney Carriages or Similar Vehicles
1) To avoid public confusion, a) No ‘London’ style cab will be licensed as a private hire vehicle or a vehicle which is of a similar type or design as a hackney carriage vehicle. Type or design relates to signage, light pods, roof signs and taxi markings. b) Only vehicles with the same colour bodywork. (e.g. not blue (or similar) with a white bonnet and boot.) will be licensed. c) As from 31st March 2013 any applications for a Private Hire Vehicle Licence where the vehicle is painted black will be refused. We will continue to licence vehicles which are licensed before this date and are currently painted black until the vehicle is replaced.
The Design
2) The private hire vehicle must be able to carry at least 4 passengers
3) The private hire vehicle must be right hand drive
4) The private hire vehicle must comply with the City Council’s Vehicle Age Scheme
5) The private hire vehicle must not be structurally damaged or have been an insurance write- off, except where repaired and certified to the council’s satisfaction.
6) The private hire vehicle must not have ‘bull bars’ or other modification fitted that increases the risk to passengers, pedestrians or other road users.
7) The private hire vehicle must have at least 4 side-opening doors, which may be opened from the inside and the outside except minibuses, transits and people carrier type vehicles which shall have at least 3 doors not including any tailgate or rear doors.
8) The private hire vehicle must comply with the: a) Motor Vehicle (Type Approval) Regulations 1980 b) Motor Vehicle (Type Approval) Regulations (Great Britain) 1984 c) Road Vehicles (Construction and Use) Regulations 1986.
9) All vehicles shall have a “type approval” which is either a :- a) European Whole Vehicle Type approval (EC70/156/EEC as amended); b) British National Type approval or equivalent; c) British Single Vehicle Approval or equivalent. Note: Vehicles converted from vans which have a type approval other than M1 will not be acceptable unless they are presented with approved M1 certification for the resultant vehicle. If a vehicle has been registered with DVLA and issued with an appropriate registration index number, no change, structural alteration or rearrangement of detail shall be carried out to the vehicle unless such change shall have been subsequently granted M1 Whole Type Approval.
10) The private hire vehicle must allow passengers to speak directly and easily with the driver.
11) The private hire vehicle must allow the driver and passengers to get in and out easily and safely.
12) Where a vehicle is utilised for the carriage of passengers in a wheelchair, the following conditions shall apply: a) Access to and exit from the wheelchair position must not be obstructed in any manner at any time except by wheelchair loading apparatus.
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b) Wheelchair internal anchorage must be of the manufacturer’s design and construction and secured in such a position as not to obstruct any emergency exit. c) A suitable restraint must be available for the occupant of a wheelchair. d) Access ramps or lifts to the vehicle must be securely fixed prior to use, and be able to support the wheelchair, occupant and helper. e) Ramps and lifts must be securely stored in the vehicle before it may move off. f) When deployed, ramps must run flush with the interior floor level. g) The licensee may permanently affix a sign to the outside of the vehicle indicating that it is able to convey passengers in wheelchairs provided that the vehicle has been manufactured or properly adapted for that purpose. h) The private hire vehicle must allow the driver and passengers to get in and out easily and safely. At the main access door into the passenger compartment steps will be fitted as follows: i) Where the internal floor height is more than 300mm above the road level, a step shall be provided every 300mm. ii) The tread of each step must be at least 150mm deep, be slip resistant and have all open edges highlighted in a contrasting high visibility colour to match handrails and seat markings. iii) The tread of each step must be capable of supporting at least 150kg. iv) Steps shall be accompanied by handrails fitted appropriately, to help customers use the steps provided. All handrails shall be in a contrasting high visibility colour and be non-slip.
13) The private hire vehicle will not have tints or other such visible obstructions on any windows which we consider are to the detriment of public safety. Blacked out windows or tinting film on windows will not be accepted.
14) The Transport and Fleet Group will refuse to issue a suitability certificate for any proposed licensed vehicle where the inspector uses a “tint man” with a test guideline of a minimum of 25% light and a vehicle fails this test.
15) That ‘grandfather rights’ be awarded to currently licensed vehicles from compliance with the policy subject to the vehicle licence being kept in force.
16) Any equipment fitted to the private hire vehicle for lifting a wheelchair into the vehicle must have been tested in accordance with the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (S.I. 1998/2307). Any such equipment must be maintained in good working order and be available for use at all times.
17) It is also recommended that vehicles with Euro NCAP star ratings of 4 or more should be considered when purchasing a new vehicle.
18) If the private hire vehicle has been converted to run on LPG or any other non-standard fuel (e.g. hybrid conversion or electric only)it must have a certificate issued by a member of the LPG Association, or other certifying body confirming satisfactory installation, examination and testing of the vehicle in accordance with LPG Association Code of Practice(or other Code of Practice appropriate to the conversion type); and that the vehicle is therefore considered safe.
Other relevant information: See www.lpga.co.uk for information on LPG conversions and certificates.
Other relevant legislation: Use of Transportable Pressure Receptacles Regulations 1996 – Where vehicles are powered by liquid petroleum gas they should have appropriate signage to denote the danger of the flammable liquid gas.
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19) The private hire vehicle must have windows at the rear and sides and at least one window on either side must be able to be opened and closed.
20) Any installed devices (including the private hire vehicle meter, navigation system, radio or communications device) shall be fixed and secured so that they do not interfere with the safe driving of the vehicle or visibility of the driver.
21) The vehicle shall have one or more interior light(s) fitted which can be turned on and off by the driver and at least one of which automatically illuminates when any of the doors are opened.
22) All passenger seats shall have a lap and diagonal 3 point seat belt, or where this is not possible, a 2 point lap belt appropriate to the type and position of the seat, any seat belt will
a) comply with the strength requirements specified in European Directive 76/115 EC (as amended by Directive 96/38 EC) and Regulations 46 and 47 of the Road Vehicle (Construction and Use) Regulations 1986, whether or not those Directives or Regulations apply to that particular seat or the vehicle. b) comply with European Directive 77/541/EC(as amended) and; c) all seat belts shall be securely anchored so as to comply with M1 standards laid down in European Directive 76/115 EC (as amended by directive 96/38 EC) or ECE Regulation 14 whether or not those requirements apply to that particular anchorage or vehicle. 23) All passenger seats and the devices used to secure them to the vehicle shall comply with the relevant M1 standards contained in European Directive 74/408 EC (as amended)
The Vehicle Condition
24) The inside and outside of the private hire vehicle will be in a clean, safe and presentable manner.
25) The outside of the private hire vehicle will be free from large dents, rust or un-repaired accident damage and with even paintwork matching to that applied by the manufacturer.
(Whilst we generally define a ‘large’ dent as one above 15cm x 15cm, this is not binding as other factors are relevant including number of dents, dent locations, shapes and contours. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
26) The inside of private hire vehicle will be free of all visible stains, splits, and tears to the same (unless satisfactorily repaired or covered neatly). The seats shall be required to function in accordance with the original manufacturer’s specification and shall not be excessively worn to the detriment of passenger comfort. All carpets and mats will be fitted so as to not be a trip hazard. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
Required Extras
27) First aid kit recommended but no longer required.
28) The taxi will have a fire extinguisher and be equivalent to a 1kg ABC dry powder type extinguisher which conforms to British Standard which will be:
a) located safely where it is ready to be used by the driver, b) unpacked and ready to use c) permanently marked with the vehicle registration number
29) The vehicle operator’s rate of fares card shall be available to passengers on request.
Door Signs
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30) The vehicle shall display only the approved door signs for the proposed vehicle operator in the manner approved by the council for that operator.
31) Where no door signs have yet been approved for that operator, the licensee may display either permanent or non-permanent door signs for the operator of the proposed design submitted to the council. Once approved, the approval will state the fixing method which becomes conditional on the licence.
32) Where the operator or vehicle licensee has applied for exemption from the requirement to display door signs, this exemption application will be ignored for the purposes of the test and 31) above shall apply.
33) Where the operator or vehicle licensee has been granted exemption from the requirement to display door signs, they must provide this to the testing station on each vehicle test to prove their exempt status.
34) Where the vehicle has been granted advertising, proof shall be provided of the approval on each vehicle test.
APPENDIX D
PRIVATE HIRE VEHICLE LICENCE CONDITIONS
DEFINITIONS
“You” means “the licensed proprietor(s)” “Your” means “of you” “Your vehicle” means the vehicle to which this licence relates “Operator” means the firm(s) operating your vehicle “We” and “Us” means Stoke-on-Trent City Council “Driver” means a person licensed by us to drive your vehicle “Licence Plate” means the rear external plate issued by us for the purposes of identifying the vehicle as a licensed Private Hire Vehicle.
GOVERNING LEGISLATION.
Private hire operators, vehicles and drivers are licensed and governed under Local Government (Miscellaneous Provisions) Act 1976, Transport Act 1980 and Disability Discrimination Act 1995 and other amending laws. This is not an exhaustive list.
These conditions are issued to you under powers conferred on us by Parliament. Action may be taken against you for breach of these laws and these conditions. Appendix R to the Licensing Policy briefly describes each offence under the above laws and the maximum penalties, which you should read.
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We will give you our interpretation of these laws, but this is not guaranteed as authoritative. If you are unsure of the law and your responsibilities, you should seek your own legal advice on all matters.
WHAT YOU HAVE TO TELL US…
1) Changes to your licence details: You will report to us in writing on the prescribed forms within seven days, if your details change from those given with your application, including
a) your name b) your address c) your operator d) who drives your vehicle e) Any changes to the insurance policy in the policy provider (underwriter), the level of cover or limitations to use, and named drivers.
2) Accidents: You will report to us in writing on the prescribed forms, as soon as possible and in any case within 72 hours of the event, any accident to a licensed vehicle causing damage affecting the safety, performance or appearance of the vehicle or the comfort or convenience of persons using the vehicle. Do not assume that another person has done this already.
3) Transfers: (This is the responsibility of the outgoing licensee)
a) You will give us notice in writing on the prescribed forms, as soon as possible and in any case within 14 days, if you transfer the vehicle licence to another person, or add another person onto the licence as a part proprietor.
b) You will make arrangements to present to us a Transfer Application Form completed by you and the proposed licensee with the vehicle insurance and the appropriate transfer fee within the 14 day deadline.
The vehicle licence will remain in your name and we will reject your application if you do not provide these documents and the fee
4) Refusals, Suspensions and Revocations: If you apply for, or hold any hackney carriage or private hire operator, vehicle or driver licences with any other council, then you must inform us in writing and within seven days if any application is refused, or licence is suspended or revoked detailing the date of decision, the name of the council, the licence number(s) of the licences suspended or revoked. You must also provide us with a copy of the decision notice issued by the other council giving the grounds for the action.
WHAT YOU HAVE TO TELL OTHERS ABOUT…
5) You will give Part B of your licence (“Operator’s Copy”) to your operator before the vehicle is used to complete its first booking with that operator.
6) On demand from your operator, you will present your current vehicle insurance certificate.
7) Each time your licence is renewed you must give Part B of your licence (“Operator’s Copy”) to your operator before the current licence expires. Copies of these documents are available from the Licensing Service on request.
8) Once you have applied to transfer the vehicle licence to another person, and that application has been accepted by us, you must notify your operator.
DRIVERS
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9) Unless you are licensed by us to drive private hire vehicles, you will not drive your licensed vehicle.
10) Before allowing any person to drive your licensed vehicle for any reason, at any time, you will demand Part C of the driver’s licence (marked “Vehicle Licensee’s Copy”) and inspect the driver’s badge. You will retain the Part C document in a safe and secure location and present these documents to an authorised officer on request.
11) When asked to present records, you will present Part C each driver's licence or any other alternative document containing the same information in any format which is durable, legible and orderly.
12) You will keep Part C of each driver’s licence for at least 12 months, or a copy of the same, from the last booking for that driver.
13) Where a driver is no longer used by you, you will keep a copy of that driver’s licence Part C and return the original to him.
14) You will regularly check your records for expiring driver licences and demand from any driver of your vehicle a replacement Part C of the relevant licence to continue to be satisfied as to the driver’s licence status.
SIGNS
15) No signs bearing the vehicle licence number shall be transferred to another vehicle.
16) You will comply with the signage requirements detailed in Schedule 1 attached to these conditions
17) Before installing a radio or communications device into any vehicle, you will be satisfied that the vehicle is displaying the approved signs for your operator, in the manner approved by us.
18) Unless approved by us in writing, you will not display magnetic signs on your vehicle.
19) The vehicle operator’s rate of fares card shall be available to passengers on request. You will maintain the card so that the information on the card is current and you will renew or replace the card as often as is necessary to keep it up to date.
20) You will make sure that your vehicle always display the signage approved by us for your operator.
21) You will make sure that any approved signage supplied by your operator is maintained on your vehicle.
22) You will not continue to use a vehicle until you have repaired or replaced, at your own expense, any damaged or missing signs.
FIRE EXTINGUISHER
23) The taxi will have a fire extinguisher and be equivalent to a 1kg ABC dry powder type extinguisher which conforms to British Standard which will be:
a) located safely where it is ready to be used by the driver, b) unpacked and ready to use c) permanently marked with the vehicle registration number
INSURANCE
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24) You will keep in force a policy of insurance or such security as complies with the requirements of Part VI of the Road Traffic Act 1972 during the currency of the vehicle licence, covering the vehicle for private hire use and not public hire use.
TINTED WINDOWS
25) You will not have tints or other such visible obstructions on any windows which we consider are to the detriment of public safety.
26) The Transport and Fleet Group will refuse to issue a suitability certificate for any proposed licensed vehicle where the inspector uses a “tint man” with a test guideline of a minimum of 25% light and a vehicle fails this test.
27) That ‘grandfather rights’ be awarded to currently licensed vehicles from compliance with the policy subject to the vehicle licence being kept in force.
MODIFICATIONS
28) You will not modify the specification, design, condition or appearance of your vehicle without first complying with road traffic and insurance legislation and gaining our written approval.
VEHICLES POWERED BY LIQUID PETROLEUM GAS (LPG) / ALTERNATIVE FUELS
29) If you convert a vehicle to run on LPG or any other non-standard fuel (e.g. hybrid conversion or electric only) mid-licence you will not carry any fare paying passengers until: a) you have produced to us a certificate issued by a member of the LPG Association (or other certifying body appropriate to the conversion type) confirming satisfactory installation, examination and testing of the vehicle in accordance with LPG Association Code of Practice (or other Code of Practice appropriate to the conversion type); and that the vehicle is therefore considered safe. b) a licensing officer has inspected your vehicle to check that a reasonable amount of luggage space remains and that the passenger cabin is not adversely affected.
(As a general guide, we would expect at least two thirds of the available boot space to be available for luggage.)
Other relevant legislation: Use of Transportable Pressure Receptacles Regulations 1996 – Where vehicles are powered by liquid petroleum gas they should have appropriate signage to denote the danger of the flammable liquid gas.
Other relevant information: See www.lpga.co.uk for information on LPG conversions and certificates.
MAINTAINING THE VEHICLE
30) You will keep the vehicle compliant with the pre-licensing specification at all times.
31) You will keep the inside and outside of your vehicle in a clean, safe and presentable manner to our satisfaction.
32) You will keep the inside of the vehicle free of all visible stains, splits, and tears to the same (unless satisfactorily repaired or covered neatly). The seats shall be required to function in accordance with the original manufacturer’s specification and shall not be excessively worn to the detriment of passenger comfort. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
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33) You will keep the outside of the vehicle free from large dents, rust or un-repaired accident damage and with even paintwork matching to that applied by the manufacturer.
(Whilst we generally define a ‘large’ dent as one above 15cm x 15cm, this is not binding as other factors are relevant including number of dents, dent locations, shapes and contours. ( Please see the Suitability Inspection Criteria contained in Appendix ????.)
34) You will repair all damage as soon as can be reasonably expected.
Recommendation only: We recommend that you maintain at least one spare set of bulbs for each external light of the vehicle and advise any driver of the vehicle, where the bulbs are located and how to change the bulbs.
Recommendation only: We recommend that as a matter of good customer service that you keep a at least one tourist information booklet in your vehicle for drivers to give to any passenger who would like one. Two packs are issued with each vehicle licence and replacements are available free of charge from Licensing Services or the Tourist Information Office. – REMOVE THIS SECTION
TAXIMETER
35) If your vehicle has a taximeter you will…
a) set the meter, or have the meter set to operate at the current fare rates for your operator. b) make sure that no other fare rates are installed on the meter c) make sure that the meter and all the fittings are sealed so that it is not practicable to tamper with the meter except by breaking, damaging or permanently displacing the seals or other appliances. d) locate the meter where it is plainly and distinctly visible to all passengers. e) provide that the fare can be suitably illuminated when the meter is on. f) train or arrange training for any driver in the correct use of the meter g) repair the meter and any seals as soon as possible after any damage
COUNTERPART (‘IN VEHICLE’ or ‘SECOND’) IDENTIFICATION CARD HOLDER
36) We issue you with a counterpart (‘in vehicle’ or ‘second’) ID card holder, you will fix this holder in your private hire vehicle, so that when a counterpart (‘in vehicle’ or ‘second’) ID card is inserted into the card holder that the details of any driver’s card is plainly and distinctly visible to all passengers.
37) The card holder shall be maintained at all times.
USING YOUR BEST ENDEAVOURS
38) You will use your ‘best endeavours’ to ensure that your drivers and operators observe and perform the conditions of their licences and do not commit any offences under the Town Police Clauses Act 1847, Local Government (Miscellaneous Provisions) Act 1976, Disability Discrimination Act 1995 and General Road Traffic Laws and Construction and Use Regulations.
More Information: This condition requires that you “take all those steps in your power which are capable of producing the desired results, being steps which a prudent, determined and reasonable person acting in your own interests and desiring to achieve that result would take". (Paraphrased from IBM UK Limited v Rockware Glass Ltd (1980) FSR 335 (CA))
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COMPLIANCE WITH OTHER LEGISLATION
39) Nothing in these conditions should be construed in any way to provide an exemption from compliance with any other legal duties.
CHANGES TO CONDITIONS
40) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered to be required for the protection of public safety.
DO YOU THINK THESE CONDITIONS ARE UNREASONABLE?
If you are aggrieved by any of these conditions you can appeal to a Magistrates Court.
SUMMARY OF CONDITIONS
YOU HAVE TO GIVE TO YOUR OPERATOR…
Part B of your licence Your vehicle insurance on demand Written notice if you transfer the vehicle licence to another person
WHAT YOUR OPERATOR HAS TO GIVE YOU…
A set of approved signage A fare rate card showing their current rate of fares, and a new one, each time this changes.
THINGS YOU HAVE TO TELL US ABOUT…
Changes to your Licence Details Changes to your Personal Details If you intend to transfer the vehicle licence to another person. Accidents Refusal, Suspension or Revocation of Licences with Other Local Authorities
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SCHEDULE 1 – Signage Conditions. Section A – Definitions and Notes
In this schedule: -
“You” means “the licensee” (or “the licensees”) “We” and “Us” means Stoke-on-Trent City Council “Vehicle” means the vehicle to which the hackney carriage or private hire vehicle licence relates
Any images of signs in these conditions are not to scale and may not accurately reflect the current design of the relevant sign.
Section B – The Law and Signage
(5) Local Government (Miscellaneous Provisions) Act 1976, Section 48 requires us to issue you with a plate identifying your vehicle as a licensed private hire vehicle.
(6) Town Police Clauses Act 1847, Section 51 requires a hackney carriage licensee to display a plate showing the maximum number of passengers.
(7) On both hackney carriage and private hire vehicles, Local Government (Miscellaneous Provisions) Act 1976, Sections 47 and 48(2), gives Stoke-on-Trent City Council the authority to impose ‘such conditions as it considers reasonably necessary’. Any person aggrieved by any condition placed on a licence has a right of appeal to the magistrates’ court.
(8) Once your hackney carriage or private hire vehicle is licensed, these licence conditions apply at all times the licence is in force (24 hours a day, 7 days a week) even if the vehicle is being used for ‘private, social or domestic’ purposes.
You do not have to comply with these conditions when the licence expires, is suspended (and not appealed) or when the licence has been revoked (and not appealed).
Section C – Required Signs
C1 REQUIRED SIGNS
In the interests of public safety and public information, Stoke-on-Trent City Council makes it a condition of your licence that you attach these signs to your vehicle:
Outside Your Vehicle
Sign Reference Description Supplied by EX1 Rear Plate (Read Notes 1 & 2) Stoke-on-Trent City Council EX2 Front Plate (Read Note 1) Stoke-on-Trent City Council EX3 2 Operator Signs Your Private Hire Operator(s) (Read Note 3) EX4 2 “ILLEGAL HIRE” Stickers Stoke-on-Trent City Council (Read Note 3)
(1) These plates do not fix directly onto your vehicle. They fit into a platform which is permanently attached to your vehicle. (2) To satisfy our legal obligations as defined in Section B(1) and B(2), we identify the rear plate on the outside of your vehicle.(Sign Ref: EX1) as the statutory plate.
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(3) To avoid having to replace or remove these signs, you should make sure that only signs are used which have been approved by us for your private hire operator(s).
Inside Your Vehicle
Sign Reference Description IN1 1 Front Passenger Sign Stoke-on-Trent City Council IN2 2 Rear internal facing Stoke-on-Trent City Council Passenger Signs IN3 2 Rear external facing Stoke-on-Trent City Council Passengers signs IN4 1 No Smoking Sign Stoke-on-Trent City Council
All of the signs inside your vehicle sit in adhesive pockets which are permanently attached to your vehicle. These pockets stay fixed to your vehicle, even when the sign is removed. The pockets and signs shall be maintained at all times.
Section D – Outside Your Vehicle
Private Hire Vehicle – EX1
EX1a REAR PLATE (x1) – FIXING
You will fix the rear plate to your vehicle using a fixing method detailed in the suppliers (VIP) workshop manual. This manual is available for reference on request.
EX1b REAR PLATE (x1) – LOCATING
You will put the rear plate on the outside rear of the vehicle with the plate information clearly displayed and in a vertical place, on, or above the bumper either (1) side by side with the vehicle registration number plate or (2) in any other position, on or above the bumper and where this option is chosen, the vehicle shall only display a standard vehicle registration number plate (where all the letters of the number plate are on one row), to ensure the vehicle does not look untidy.
Private Hire Vehicle – EX2
EX2a FRONT PLATE (x1)– FIXING
You will fix the front plate to your vehicle using a fixing method detailed in the suppliers (VIP) workshop manual. This manual is available for reference on request.
EX2b FRONT PLATE (x1)– LOCATING
You will put the front plate on the outside front of the vehicle with the plate information clearly displayed and in a vertical place, on, or the above the bumper. The plate shall not be located within 5cm of the registration plate of the vehicle.
EX3 DOOR SIGNS (x2) – PRIVATE HIRE ONLY
You will permanently display the approved door signs of your nominated operator to upper half of the driver’s door and front passenger’s door of the design and dimensions approved by the Council in writing. Any door signs shall distinctly contrast with the colour of the vehicle to which they are attached. Where your vehicle is operated by more than one private hire operator, you will display only those approved door signs for the operator operating the vehicle at any given time.
Private Hire Vehicle – EX5
EX4 REAR PASSENGER DOOR STICKERS (x2)– FIXING
You will place the stickers on the outside of the rear passenger doors on the upper part of the door of the vehicle with the information clearly displayed and in a vertical place so that they are plainly and distinctly visible to any passenger entering the rear of the vehicle.
Section E – Inside Your Vehicle
Private Hire Vehicle – IN1
IN1a FRONT PASSENGER SIGN (x1)– FIXING AND LOCATING
You will place the front passenger sign in the plastic pocket provided by us and you will fix this to your vehicle in a horizontal position on the dashboard of the vehicle or other suitable location so that it is plainly and distinctly visible to any passenger seated in the front passenger seat of the vehicle.
Private Hire Vehicle – IN2 (x2)
IN2a REAR PASSENGER SIGN (x2) – FIXING AND LOCATING
This condition applies to vehicles with a passenger seating capacity of 4 or less. Each rear passenger sign will be placed in the plastic pocket provided by us and you will fix this to your vehicle in a horizontal position in the rear quarter light glass on each side of the vehicle. Where the vehicle does not have rear quarter light glass, signs may be attached in any alternative location so that they are plainly and distinctly visible to any passenger seated in the rear of the vehicle.
IN2b REAR PASSENGER SIGN (x2) – FIXING AND LOCATING
This condition applies only to vehicles with a passenger seating capacity of 5 or more. (3) Where the passenger seating area is not split into rows of seats facing in the same direction, as in an FX4 (Black Cab) for example: a. A sign shall be suitably located so that it is plainly and distinctly visible to passengers getting into the vehicle, and; b. The second of these signs shall be located so that it is plainly and distinctly visible to passengers sitting in the vehicle. (4) Where the passenger seating area is split into rows of seats the rear passenger signs will be located as follows: a. The first rear passenger sign shall be located on the off-side window
opposite the passenger door so that it is plainly and distinctly visible to passengers getting into the vehicle. b. The second rear passenger sign shall be located on the near-side window in the second row of seats behind the driver so that it is plainly and distinctly visible to passengers sitting in the vehicle.
Private Hire Vehicle – IN3 (x2)
IN3 REAR PASSENGER SIGN (x2) – FIXING AND LOCATING
This condition applies to vehicles with a passenger seating capacity of 4 or less. Each rear passenger sign will be placed in the plastic pocket provided by us and you will fix this to your vehicle in a horizontal position in the rear quarter light glass on each side of the vehicle. Where the vehicle does not have rear quarter light glass, signs may be attached in any alternative location so that they are plainly and distinctly visible to any passenger entering the rear of the vehicle.
For both Hackney Carriage and Private Hire Vehicles
IN3 NO SMOKING SIGNS You will display in the vehicle at least 1 no-smoking sign in each compartment of the vehicle displaying the international “no smoking” symbol in dimensions at least 85mm in diameter in these locations:
c) Front Passenger ‘No Smoking’ Sign (x1) You will attach a no smoking sign to the dashboard or other similar location so as to be plainly and distinctly visible to any passenger seated in the front passenger seat of the vehicle. d) Rear Passenger ‘No Smoking’ Sign (x1) For rear compartmented vehicles only you will attach a no smoking sign in a location so as to be plainly and distinctly visible to any passenger seated in the rear passenger seats of the vehicle.
Further ‘No Smoking Signs’ available on request
Section F – General Conditions
F1 Signage remains City Council property
All signage issued bearing the vehicle licence number remains City Council property.
F2 Displaying Signs in Prescribed Manner
All signage shall always be displayed on the licensed vehicle in the prescribed manner when this vehicle licence is in force.
F3 Maintaining Signs
You will ensure that before your vehicle is used that the plates and signs are maintained in a good, clean, condition and that the sign information can always be read and shall not be obscured from public display by, for example, locating the licence plate behind the tow bar.
F4 No other signs allowed
Except for the signage detailed in these conditions, no signs, advertisements or distinguishing marks may appear on or inside the vehicle without prior written consent of the Council. Where we have given written consent varying these standard conditions, you will keep a copy of such consent in the vehicle and produce it to an authorised officer on request.
F5 Report Lost or Stolen Signs
You will report any lost or stolen plate or sign to us and the police within 72 hours and provide a crime reference number for such a loss.
F6 Replacement of Lost, Damaged or Stolen Signage or Fixings
Where any plate, sign or fixing is lost, damaged or stolen then you will forthwith obtain replacement signage from us at your own expense.
F7 Authority to remove and add signage
If the vehicle licence expires, is revoked or suspended, any authorised officer or constable may: (c) immediately remove and retain any signage (except the rear plate for exterior fixing) bearing the vehicle licence number until the licence is reinstated. (d) attach signage to the vehicle as may be approved by the Licensing Manager from time to time to show that the vehicle licence is suspended. Any tampering or removal of this signage during a period of suspension will be viewed as obstruction.
F8 Return of Signage on Renewal of Licence
Where a renewal application is made, the licensee shall (unless he has already done so) return to the council with his application all the signage issued to him bearing the vehicle licence number, or, if that is not practicable, by a statement of the reasons for the failure to provide that signage with his application. Failure to do so, or to give an acceptable written explanation will result in the application being rejected, or being referred to the Licensing and Registration Panel for determination.
PLATES MUST BE FITTED IN THE BRACKETS PROVIDED AT LEAST 5cm FROM THE REGISTRATION PLATES
APPENDIX E
PRIVATE HIRE LIMOUSINES, VINTAGE AND NOVELTY VEHICLES
INTRODUCTION
This document sets out Stoke-on-Trent City Council’s framework and requirements for the licensing of limousines and novelty vehicles.
This document reflects many of the provisions of The Association of Greater Manchester Authorities (AGMA) policies and standards which were developed following consultation with trade representatives, Greater Manchester Police and VOSA
All the Greater Manchester authorities and or Blackburn, Blackpool and Warrington form AGMA.
Some of the AGMA recommendations have been modified to place the responsibility for compliance with the provision on the relevant type of licence.
BACKGROUND
Local authorities license vehicles suitable to be used for private hire and which have less than 9 passenger seats and have conditions and policies relating to those licences such as age schemes, the accessibility of the vehicle, internal and external condition of the vehicle, luggage space and driver and operator behaviour.
Historically, some licence conditions have prohibited the licensing of limousines, issues such as tinted windows, seating capacity and side facing seats have meant that limousines cannot comply with traditional licensing conditions.
Recently, there has been rapid growth in demand from the public for the hire of limousine and novelty type vehicles. This has been a contentious issue within the licensing arena as the industry had been largely unlicensed and unregulated in terms of operators, drivers or vehicles being licensed, due to general confusion over the appropriate licensing authority (VOSA or local authority) and the appropriate specifications for licensing such vehicles.
This document provides a transparent and consistent framework for the Licensing of Limousines and Novelty Vehicles in Stoke-on-Trent and has been finalised following the publication of the Department for Transport’s Taxi and Private Hire Vehicle Licensing – Best Practice Guidance.
WHAT IS A LIMOUSINE?
1. For the purposes of this policy and additional licence conditions a stretched limousine is
a. a motor vehicle that has been lengthened by the insertion of an additional body section and modified by a coachbuilder to contain luxury facilities and fixtures that i. can legally carry no more than 8 passengers and ii. that cannot fully comply with Appendices C1 iii. that is not a decommissioned military or emergency services vehicle or other type of novelty transport vehicle.
DRIVER AND OPERATOR LICENSING REQUIREMENTS
Except for the types of vehicle licensed, the operation of a limousine private hire business is comparable with that of other private hire vehicle businesses such as executive travel and airport transfer businesses in that provision is made for booking, a booking is made, a vehicle and driver are despatched, the booking is fulfilled and payment is made.
There is no compelling reason for Stoke-on-Trent City Council to exit from its current procedures in relation to limousine type businesses and so the standard pre-licensing procedures apply for the licensing of operators and drivers of such vehicles.
GOVERNING LEGISLATION
Private hire operators, vehicles and drivers are licensed and governed under Local Government (Miscellaneous Provisions) Act 1976, Transport Act 1980 and Disability Discrimination Act 1995 and other amending laws. This is not an exhaustive list.
Licensed taxis, operators, vehicles and drivers are licensed and governed under Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847, Transport Act 1980 and Disability Discrimination Act 1995 and other amending laws. This is not an exhaustive list.
These conditions are issued to you under powers conferred on us by Parliament. Action may be taken against you for breach of these laws and these conditions. Appendix R to the Licensing Policy briefly describes each offence under the above laws and the maximum penalties, which you should read.
We will give you our interpretation of these laws, but this is not guaranteed as authoritative. If you are unsure of the law and your responsibilities, you should seek your own legal advice on all matters.
LIMOUSINE VEHICLE - LICENCE CONDITIONS AND SPECIFICATION
1) These conditions are imposed on vehicles defined in the City Council’s Taxi Policy as stretched limousines in addition to the standard licence conditions for private hire vehicles.
2) Where there is a conflict between these conditions and the standard conditions, then these conditions shall supersede the standard conditions.
3) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered necessary.
4) Stretch limousines are required to provide 6 monthly MOT certificates from a VOSA goods vehicle testing station, or alternatively a local authority VOSA approved class 5 testing station, that has appropriate facilities. If you propose to obtain an MOT from any other vehicle testing station other than those listed below you are advised to contact the licensing section before submitting the vehicle for an MOT, otherwise you may find that the certificate cannot be accepted.
For information the relevant local premises for the provision of MOTs for licensed stretch limousines are listed below.
ADDRESS RESTRICTIONS VOSA's Goods Vehicle Testing Station NONE – ANY TYPE OF LIMOUSINE TESTED Station Road Cold Meece Stone Staffordshire ST15 0QP Tel. 01785 760213 (office hours only) Cromer Road Testing Station [TO BE SPECIFIED] Cromer Road, Northwood Stoke-on-Trent Staffordshire Tel. 01782 232297 (office hours only)
5) Limousines may be left hand drive vehicles.
Justification: The majority of stretched limousines are imported from the U.S. and are left hand drive. The Department for Transport has recommended that Councils should not refuse to licence limousines simply because they have characteristics which contravene their existing policy, i.e. left hand drive.
6) Limousines may have sideways facing seating.
Justification: A main characteristic of stretched limousines is their sideways facing bench seats. In line with the Department for Transport’s guidance outlined above, the Council will consider the suitability of limousines with sideways seating for licensing.
7) Limousines do not have to display signage for their operator, but where signage is displayed it must be approved in writing by the council.
Justification: Signage serves to distinguish PHVs from ordinary saloon cars and to make them clearly identifiable to the public. The naturally distinctive appearance of stretched limousines means that they are very unlikely to be confused with a private road user’s vehicle.
8) Limousines must display a limousine licence disc on the front window and rear window of the vehicle and at least one internal signs of a design specified by the council.
Justification: Whilst traditional licence signage distinguishes private hire vehicles from ordinary saloon cars and makes them clearly identifiable to the public, limousines are naturally distinctive. Tasteful licence discs displayed to the front and rear windows of the vehicle identify the licensed status of the vehicle to any enforcement officer and serve to boost consumer confidence in the operator, vehicle and driver.
9) Limousines will be permitted to have heavily tinted glass in the rear offside and nearside windows. However, heavily tinted glass in the driver cockpit would remain prohibited in line with legal requirements.
Justification: The privacy provided by tinted glass in the passenger compartment is a central characteristic of a limousine that customers are aware of and indeed expect when booking such a vehicle, unlike when booking a traditional hire vehicle. However, glass in the driver cockpit must satisfy the standards within the Road Vehicles (Construction and Use) Regulations 1986 as amended.
10) Limousines do not have to display a fare table or contain a taximeter.
Justification: Stretched limousines do not operate under a fare system as journeys are generally pre-paid in advance based on the length of time they are hired for.
11) Any limousine considered for licensing must hold and produce a valid Single Vehicle Approval (SVA).
Justification: The SVA test comprises a visual examination of a vehicle and certifies its safety and roadworthiness.
12) The limousine must be fitted with tyres that meet both the size and weight of the vehicle.
Justification: Given the increased weight of the vehicle, tyres of the correct weight and size rating must be used at all times.
13) Licensed limousines must be submitted for testing in accordance with the relevant age policy to the appropriate Class MOT standard.
Justification: To ensure that limousines licensed by the Council are maintained to high standards and remain safe.
14) The limousine’s seating capacity must be reduced where necessary to a maximum of 8 passengers.
Justification: Councils can only licence vehicles with a maximum seating capacity of 8 and to carry more than 8 passengers would cause offences to be committed.
15) Inside the passenger compartment, the vehicle must display a sign provided by us bearing these words “No more than 8 passengers can legally travel in this vehicle.” Sign to be designed and available
Justification: To inform customers of the maximum carrying capacity of the vehicle and to pre-empt requests for ad-hoc passengers.
16) Alcohol and Passengers: a) Alcoholic drinks provided in the vehicle shall be under the terms of an appropriate licence relating to the sale and supply of alcohol. b) Alcohol shall only be served while the vehicle is stationary and afterwards, the bottle shall be placed in a secure receptacle. c) If the occupants are below the age of 18, there should be no alcohol in the vehicle for consumption or otherwise. d) Any glassware in the vehicle must be made of either shatterproof glass or plastic.
Justification: To comply with alcohol licensing requirements and safeguard public safety.
17) The vehicle must not carry more than 8 passengers at any time. (An infant is classed as a passenger no matter what their age).
Justification: This condition will be enforced by Council officers performing spot checks on licensed vehicles, and is in line with legislative requirements.
18) The proprietor shall when directed by the Council, display and maintain any notices in a conspicuous position.
Justification: To convey information to passengers where appropriate.
19) No other signs, notices or any other markings will be displayed on or in the vehicle without the written permission of the Council.
Justification: To ensure that any material displayed in the limousine is suitable for public viewing.
LIMOUSINE DRIVER – ADDITIONAL LICENCE CONDITIONS
1) These conditions are imposed on drivers driving vehicles defined in the City Council’s Taxi Policy as stretched limousines in addition to the standard licence conditions for private hire vehicle drivers.
2) Where there is a conflict between these conditions and the standard conditions, then these conditions shall supersede the standard conditions in cases where the driver is driving a stretched limousine, in all other cases, the opposite shall apply.
3) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered to be required for the protection of public safety.
4) You shall not carry passengers in the driver’s compartment
Justification: This is to ensure that passengers are not carried in the front of the vehicle to improve driver and passenger safety. Reflection of Vehicle Conditions
5) Alcohol and Passengers:
a) You will not provide alcoholic drinks in the vehicle except under the terms of an appropriate licence relating to the sale and supply of alcohol. b) For passenger’s safety, you shall only serve alcohol while the vehicle is stationary and afterwards, the bottle shall be placed in a secure receptacle. c) You will ensure that if the passengers are under 18 years old, that there is no alcohol in the vehicle.
Justification: To comply with alcohol licensing requirements and safeguard public safety. Reflection of Vehicle Conditions
6) You will not carry more than 8 passengers at any time. (An infant is classed as a passenger no matter what their age).
Justification: This condition will be enforced by Council officers performing spot checks on licensed vehicles, and is in line with legislative requirements. Reflection of Vehicle Conditions
LIMOUSINE OPERATOR – ADDITIONAL LICENCE CONDITIONS
1) These conditions are imposed on operators of vehicles defined in the City Council’s Taxi Policy as stretched limousines in addition to the standard licence conditions for private hire operators.
2) Where there is a conflict between these conditions and the standard conditions, then these conditions shall supersede the standard conditions.
3) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered to be required for the protection of public safety.
4) In any advertisement publicising their limousine service, the operator must state that the vehicle is only licensed to carry 8 passengers.
Justification: To inform customers of the maximum carrying capacity of the vehicle.
WHAT IS A NOVELTY VEHICLE?
1) For the purposes of this policy and additional licence conditions a novelty vehicle is
a) a motor vehicle that can legally carry no more than 8 passengers and b) is original and unusual by virtue of design, character or features c) that cannot fully comply with Appendices C and D
2) Examples of such vehicles being converted fire engines, ambulances, prison vans, tanks, armoured personnel vehicles, aircraft and heavy goods vehicles.
NOVELTY VEHICLES - LICENCE CONDITIONS AND SPECIFICATION
1) These conditions are imposed on vehicles defined in the City Council’s Taxi Policy as novelty vehicles in addition to the standard licence conditions for private hire vehicles.
2) Where there is a conflict between these conditions and the standard conditions, then these conditions shall supersede the standard conditions.
3) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered to be required for the protection of public safety.
4) Novelty vehicles are novel by virtue of their distinguishing features or design characteristics and that imposing additional standard conditions on such vehicles does not benefit the vehicle owner, the council nor would it promote the safety of the travelling public and such an approach would not promote the objectives laid out at paragraph 2.2.1 of the taxi licensing policy.
5) On first licensing of a particular vehicle, the proposed licensee must apply but does not have to have the vehicle mechanically tested until the council have given a decision in principal that the vehicle could be licensed, subject to conditions. In the application, the applicant will be invited to submit proposals for the controls they will impose to promote the taxi licensing objectives.
It is expected that such proposals will cover:
a) Seating arrangements b) Advertising c) Statutory Signage / Application not to Display / Application for Licence Disc d) Passenger Safety Aspects e) Vehicle Specific Proposals f) Driver Specific Proposals g) Operator Specific Proposal
6) A licensing officer shall then arrange to inspect the vehicle.
7) The applicant’s proposals and inspection results will then be converted by Licensing Officers into proposed additional licence conditions and specifications which will be reported to the Licensing and Registration Panel for consideration who may choose to adopt the proposed conditions or modify them to such extent as they consider necessary for the promotion of the taxi policy’s objectives.
Applicants should expect many of the limousine related conditions to be modified and recommended as appropriate conditions by the Licensing Officer, along with any conditions the officer considers are specific to the vehicle, driver or operation of the business.
8) The unique nature of each novelty vehicle demands a unique approach as each may raise different issues. As comparable novelty vehicles are licensed then a bank of adoptable conditions may be compiled for applicants to make reference to.
APPENDIX F
APPLICATION PROCEDURE FOR LICENSING A HACKNEY CARRIAGE VEHICLE
Prior to visiting Cromer Road testing station owners must ensure that the vehicle is in good condition i.e. mechanically. For details on how to book a vehicle suitability test see Appendix F(1).
Stoke-on-Trent City Council operates an age policy for vehicles to be used as a licensed vehicle. Please refer to Appendix G for a copy of the Age Policy.
Vehicles failing their first test may incur a further fee for re-testing depending on the type of test failure.
Suitability Certificates issued by Cromer Road Testing Station are only valid to support an application for a licence for one calendar month. If you don’t apply within one month, you will have to have the vehicle retested, at your own expense.
How to Book an Appointment with Licensing
To apply for a Hackney Carriage Licence an appointment is required.
There are THREE ways in which an appointment can be arranged
1. By telephone. Licensing can be contacted from Cromer Road Testing Station using the free phone available, this can be done as soon as the test is complete, please have your Certificate of Suitability with you as we will require the details 2. In person 3. By e-mail
Licensing Services can be contacted by:
Calling: 01782 232774 Faxing: 01782 232773 Emailing: [email protected]
Licensing Services are open between the following hours:
Monday, Tuesday, Thursday: 08:45 until 17:00 Wednesday: 10.30 until 17.00 Friday: 08:45 until 16:30 TO BE AMENDED ACCORDINGLY TO SHOW CURRENT OPENING TIMES
Once your details have been taken you will be given an appointment, advising you what time and date your can apply for your licence.
The Licensing Service will then prepare your licence and the accompanying signage ready for you to collect if your application is successful.
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Attending your appointment
You will need to bring with you the following documents:
An application form fully completed and signed by the applicant. The application form must state who is driving the vehicle and if any part proprietors are applicable. Application forms are available online and from the Licensing Services office.
A Certificate of Suitability from Cromer Road Testing Station, this shows the Certificate of Suitability expiry date (this will be the date on which the licence will expire), and the Certificate of Suitability also shows the serial number in the top right hand corner.
Insurance Certificate or cover note– This will display the start and expiry date and states who can drive the vehicle. The certificate also states for what purpose the vehicle can be used i.e. Hackney Carriage. You should check that your insurance names the policy holder and drivers correctly and that named drivers hold a current Hackney Carriage and Private Hire Vehicle Driver’s Licence.
V5 Registration Certificate
Fee
Old vehicle signage if re-licensing the vehicle
Reasons why applications are not immediately processed are:
1. The application form is not properly completed 2. The suitability certificate is out of date so the application has to be rejected 3. The insurance certificate can’t be accepted because the insurance has expired, or is of the wrong type for the licence being applied for or the named drivers don’t match our records.
Fixing the vehicle plates to your vehicle.
The signage must then be affixed in accordance with the licence conditions.
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APPENDIX F(1) Vehicle Testing
I need to get a vehicle tested as a taxi or private hire vehicle, what do I do?
To arrange an appointment at Cromer Road Testing Station call 01782 232297. This is the only testing station that can test a vehicle for licensing as a taxi or private hire vehicle in Stoke-on-Trent except for limousines and novelty vehicles.
What information will they ask for?
The vehicle registration and for Private Hire Vehicles, the proposed operator. There is a charge for the test separate to the licence fee.
Where is the testing station?
The testing station is in Cromer Road, Weighbridge Site, Northwood.
From Stoke, go past Staffordshire University and carry on until you get to Lime Kiln Traffic Lights. At these lights continue forward onto Leek Road – A5009 (signposted Leek A53). Take the first left onto Cromer Road. Then take your first right into the testing station. If you don’t know where to park, speak to the person in the lodge.
What will they test?
The vehicle will be tested above the normal MOT standard so as well as looking at the mechanical aspects; the tester will also check the vehicle for cosmetic appearance, safety and comfort. Essentially the vehicle must comply with the pre- licensing specification at Appendices B and D and the Suitability Inspection Criteria contained in Appendix ????.)These specifications and criteria ready the vehicle for compliance with the licence conditions that would be attached if the vehicle was licensed.
Once my vehicle has passed the test, what do I do?
Passing the test DOES NOT mean that your vehicle is licensed. The issuing of a suitability certificate is only part of the application process.
You have to contact Licensing for an appointment to make the application. There is a direct free phone to Licensing Services at the testing station.
The certificate is only valid for one calendar month following the issue of the certificate.
What if I am renewing vehicle licences and it fails the test?
If a vehicle has been tested for the purpose of a renewal application before the licence expires but fails that test, then the vehicle will be treated as a renewal application for the purpose of the vehicle age scheme for the 28 days after the licence expires, subject to a full satisfactory licence application being made within that period. – REMOVE THIS SECTION
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Appendix F(2)
Application Procedure for Licensing a Private Hire Vehicle
Prior to visiting Cromer Road testing station owners must ensure that the vehicle is in good condition i.e. mechanically. For details on how to book a vehicle suitability test see Appendix F1(1).
Stoke-on-Trent City Council operates an age policy for vehicles to be used as a licensed vehicle. Please refer to Appendix G for a copy of the Age Policy.
Vehicles failing their first test may incur a further fee for re-testing depending on the type of test failure.
Suitability Certificates issued by Cromer Road Testing Station are only valid to support an application for a licence for one calendar month. If you don’t apply within one month, you will have to have the vehicle retested, at your own expense.
How to Book an Appointment with Licensing
To apply for a Private Hire Licence an appointment is required.
There are THREE ways in which an appointment can be arranged
1. By telephone. Licensing can be contacted from Cromer Road Testing Station using the free phone available, this can be done as soon as the test is complete, please have your Certificate of Suitability with you as we will require the details 2. In person 3. By e-mail
Licensing Services can be contacted by:
Calling: 01782 232774 Faxing: 01782 232773 Emailing: [email protected]
Licensing Services are open between the following hours:
Monday, Tuesday, Thursday: 08:45 until 17:00 Wednesday: 10.30 until 17.00 Friday: 08:45 until 16:30 TO BE AMENDED ACCORDINGLY TO SHOW CURRENT OPENING TIMES
Once your details have been taken you will be given an appointment, advising you what time and date you can apply for your licence.
The Licensing Service will then prepare your licence and the accompanying signage ready for you to collect if your application is successful.
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Attending your appointment
You will need to bring with you the following documents:
An application form fully completed and signed by the applicant. The application form must also be signed by the Base Operator. Application forms are available online or from the Licensing Services office.
A Certificate of Suitability from Cromer Road Testing Station, this shows the Certificate of Suitability expiry date (this will be the date on which the plate will expire), the Certificate of Suitability also shows the serial number in the top right hand corner and the base that the applicant will be working for.
Insurance Certificate or cover note– This will display the start and expiry date and states who can drive the vehicle. The certificate also states for what purpose the vehicle can be used i.e. Private Hire. You should check that your insurance names the policy holder and drivers correctly and that named drivers hold a current Private Hire/Hackney Carriage Vehicle Drivers Licence.
V5 Registration Certificate
Fee
Old vehicle signage if re-licensing the vehicle
Reasons why applications are not immediately processed are:
4. The application form is not properly completed 5. The suitability certificate is out of date so the application has to be rejected 6. The insurance certificate can’t be accepted because the insurance has expired, or is of the wrong type for the licence being applied for or the named drivers don’t match our records.
Fixing the vehicle plates to your vehicle.
The signage must then be affixed in accordance with the licence conditions.
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APPENDIX G Option 1 – NO CHANGE ????
VEHICLE AGE SCHEME The City Council’s Vehicle Age Scheme was phased in between 01 September 2005 and 01 September 2007. The full scheme now takes effect.
As of 01 April 2013 these policies apply to the age of private hire vehicles and hackney carriages.
PURPOSE BUILT VEHICLES
Purpose built vehicles, not previously licensed must not be more than 2 years old. Purpose built vehicles are wheelchair compatible this means that it must be; o type approved as a taxi; o and have a full M1 type approval.
Purpose built vehicles (with an existing licence) will be renewed on individual application.
PRIVATE HIRE VEHICLES AND NON-PURPOSE BUILT VEHICLES
All other vehicles, not previously licensed must not be more than 5 years old.
All other vehicles (previously licensed with Stoke-on-Trent in the last 12 months) will be renewed up to 8 years old.
EXCEPTIONS
There will be an exception to the general termination date for those vehicles which despite their age are still in an exceptional condition.
Please note the following:
NO COUNCIL EMPLOYEE HAS THE AUTHORITY TO CHANGE OR BEND THESE RULES This council policy has been phased in over two years and has been widely publicised. - REMOVE THIS SECTION An application for a purpose built vehicle to be licensed must be accompanied by sufficient proof to confirm that the vehicle meets the appropriate standard. (ECWVTA or LVTA approval certificate). Additional evidence may be required.
Applications for vehicles to be considered as in ‘exceptional condition’ attract an application fee. Once an application has been made, an appointment will then be made for a licensing officer to inspect the vehicle and for the applicant to submit supporting evidence.
Licensing officers will consider the condition of the vehicle and evidence presented relating to the condition of the vehicle. Other factors will be ignored as irrelevant. In the interests of fairness, decisions will not be made immediately but will be reported in writing to the applicant within seven days.
Should the application be approved then the vehicle should undergo a suitability test within 14 days from the date of the approval letter. Failed applications to the licensing office may be appealed to the Licensing and Registration Panel.
All applications are treated on individual merit. The onus is on the applicant to prove the vehicle is in exceptional condition, not for the Licensing Service to prove it is not.
** IMPORTANT POLICY IMPLICATION ** This taxi licensing policy places an additional upper and lower age restriction on hackney carriage licensees (See Appendix A).
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APPENDIX G Option 2
VEHICLE AGE SCHEME The City Council’s Vehicle Age Scheme was phased in between 01 September 2005 and 01 September 2007. The full scheme now takes effect.
As of 01 April 2013 these policies apply to the age of private hire vehicles and hackney carriages.
PURPOSE BUILT VEHICLES Purpose built vehicles, not previously licensed must not be more than 12 months old. Purpose built vehicles are wheelchair compatible this means that it must be; o type approved as a taxi; o and have a full M1 type approval.
Purpose built vehicles (with an existing licence) will be renewed up to 11 years of age. Any vehicle shall not be re-licensed, annually, once more than eleven years old, over this age the vehicle licence will be restricted to a 6 month licence, the vehicle will therefore be subject to full suitability test every 6 months. The fee for the 6 month licence will be adjusted accordingly.
PRIVATE HIRE VEHICLES AND NON-PURPOSE BUILT VEHICLES All other vehicles, not previously licensed with Stoke-on-Trent must not be more than 5 years old. All other vehicles (previously licensed with Stoke-on-Trent) will be renewed up to 9 years old. Any vehicle shall not be re-licensed, annually, once more than nine years old, over this age the vehicle licence will be restricted to a 6 month licence, the vehicle will therefore be subject to full suitability test every 6 months. The fee for the 6 month licence will be adjusted accordingly.
Please note the following:
NO COUNCIL EMPLOYEE HAS THE AUTHORITY TO CHANGE OR BEND THESE RULES This council policy has been phased in over two years and has been widely publicised. - REMOVE THIS SECTION An application for a purpose built vehicle to be licensed must be accompanied by sufficient proof to confirm that the vehicle meets the appropriate standard. (ECWVTA or LVTA approval certificate). Additional evidence may be required.
Applications for vehicles to be considered as in ‘exceptional condition’ attract an application fee. Once an application has been made, an appointment will then be made for a licensing officer to inspect the vehicle and for the applicant to submit supporting evidence.
Licensing officers will consider the condition of the vehicle and evidence presented relating to the condition of the vehicle. Other factors will be ignored as irrelevant. In the interests of fairness, decisions will not be made immediately but will be reported in writing to the applicant within seven days.
Should the application be approved then the vehicle should undergo a suitability test within 14 days from the date of the approval letter. Failed applications to the licensing office may be appealed to the Licensing and Registration Panel.
All applications are treated on individual merit. The onus is on the applicant to prove the vehicle is in exceptional condition, not for the Licensing Service to prove it is not.
** IMPORTANT POLICY IMPLICATION ** This taxi licensing policy places an additional upper and lower age restriction on hackney carriage licensees (See Appendix A). REMOVE ALL THESE NOTES. 95
APPENDIX G Option 3
VEHICLE AGE SCHEME The City Council’s Vehicle Age Scheme was phased in between 01 September 2005 and 01 September 2007. The full scheme now takes effect.
As of 01 April 2013 these policies apply to the age of private hire vehicles and hackney carriages.
ALL VEHICLES
All vehicles, not previously licensed with Stoke-on-Trent must not be more than 5 years old. All vehicles (previously licensed with Stoke-on-Trent) will be renewed, annually, up to 8 years old. Any vehicle shall not be re-licensed, annually, once more than eight years old, over this age the vehicle licence will be restricted to a 6 month licence, the vehicle will therefore be subject to full suitability test every 6 months. The fee for the 6 month licence will be adjusted accordingly. Purpose built and Wheelchair Accessible Hackney Carriage Vehicles with an existing licence will retain the “grandfather rights” to continue to licence the vehicles annually until the vehicle becomes 10 years old.
Please note the following:
NO COUNCIL EMPLOYEE HAS THE AUTHORITY TO CHANGE OR BEND THESE RULES This council policy has been phased in over two years and has been widely publicised. - REMOVE THIS SECTION An application for a purpose built vehicle to be licensed must be accompanied by sufficient proof to confirm that the vehicle meets the appropriate standard. (ECWVTA or LVTA approval certificate). Additional evidence may be required.
Applications for vehicles to be considered as in ‘exceptional condition’ attract an application fee. Once an application has been made, an appointment will then be made for a licensing officer to inspect the vehicle and for the applicant to submit supporting evidence.
Licensing officers will consider the condition of the vehicle and evidence presented relating to the condition of the vehicle. Other factors will be ignored as irrelevant. In the interests of fairness, decisions will not be made immediately but will be reported in writing to the applicant within seven days.
Should the application be approved then the vehicle should undergo a suitability test within 14 days from the date of the approval letter. Failed applications to the licensing office may be appealed to the Licensing and Registration Panel.
All applications are treated on individual merit. The onus is on the applicant to prove the vehicle is in exceptional condition, not for the Licensing Service to prove it is not.
** IMPORTANT POLICY IMPLICATION ** This taxi licensing policy places an additional upper and lower age restriction on hackney carriage licensees (See Appendix A).
REMOVE ALL THESE NOTES.
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APPENDIX H
DRIVERS PROCEDURES
H1 – New Drivers Procedures H2 – The Local Knowledge Test For Prospective Taxi And Private Hire Drivers H3 – Applying for a Criminal Records Bureau Disclosure
H4 - Drivers – Renewing A License
APPENDIX H1
NEW DRIVERS PROCEDURES
How do I apply to become a Hackney Carriage and Private Hire Driver in Stoke- on-Trent?
Important: Before applying for your Hackney Carriage and Private Hire Drivers Licence Stoke on Trent City Council require all new applicants to hold the NVQ Level 2 Certificate in the Introduction to the Role of the Professional Taxi and Private Hire Driver. All applicants must have also passed the Local Knowledge Test. For further information see Appendix H2 for details.
Licensing Services do not accept part applications, so please complete the application form properly, provide the right documents and be ready to pay the fee, as refusal to accept an incomplete application often offends.
All documentation must be fully completed, stating your name, address, and be in a clean undamaged and fully legible condition before we can accept it.
All documentation must be in the same name and address.
Booking an Appointment
To submit your application an appointment is required.
There are THREE ways in which an appointment can be arranged
1. By telephone. Licensing can be contacted from Cromer Road Testing Station using the free phone available, this can be done as soon as the test is complete, please have your Certificate of Suitability with you as we will require the details 2. In person 3. By e-mail
Licensing Services can be contacted by:
Calling: 01782 232774 Faxing: 01782 232773 Emailing: [email protected]
Licensing Services are open between the following hours:
Monday, Tuesday, Thursday: 08:45 until 17:00 Wednesday: 10.30 until 17.00 Friday: 08:45 until 16:30 97
TO BE AMENDED ACCORDINGLY TO SHOW CURRENT OPENING TIMES
Once your details have been taken by an Officer, you will be given an appointment.
Attending your appointment
To submit your application you will need:
NVQ Level 2 Certificate in the Introduction to the Role of the Professional Taxi and Private Hire Driver
Your Local Knowledge Test Certificate
A fully completed application form – available online or from the Licensing Services office.
A full UK Driving Licence or Equivalent – If you have a photocard licence you must submit your card and counterpart
Medical Certificate completed by your GP’s surgery. The certificate needs to be less than 3 months old when you apply and can be obtained from Licensing Services. (If your medical raises concerns you will be asked to complete further forms authorising disclosure of your medical information.) – REMOVE THIS SECTION
The fee. This can be paid by the following methods: o Cash o Cheque accompanied with your cheque guarantee card o Credit/Debit Card o Postal Orders - REMOVE
Criminal Records Disclosure (application form.) – REMOVE THIS. See Appendix H3 for details on how to obtain your disclosure. Alternatively this can be found in the booklet you will receive from the Criminal Records Bureau upon requesting your disclosure.
Applications for Criminal Records Disclosure can only be accepted if: o The form is completed correctly o The required identification is provided o The fee is paid by cheque or postal order o And is for the grant of a Hackney Carriage and Private Hire Drivers Licence. Please note a CRB Disclosure Report is only valid for 3 months from the date of issue.
And it is provided as part of an application for a: o Local Knowledge Test o The Grant of a Hackney Carriage and Private Hire Vehicle Drivers Licence – REMOVE THIS SECTION.
Applications can be submitted at any time between booking a Local Knowledge Test and submitting your application for the Grant of a Hackney Carriage and Private Hire Vehicle Drivers Licence.
We allow this to happen because the applicant
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o May be eligible to sit the test but not eligible to apply for a licence because they have not held a DVLA driving licence(or equivalent) for 12 months or o May be concerned that the disclosure would be over three months old before the test is passed and so would have to be re- applied for, so wasting the application fee or o May not be able to afford the fee for the Criminal Records Disclosure at the time.
Once you receive your CRB Disclosure this is only valid for three months.
Once you have submitted your application your photograph will be taken. Delete the above underlined sections.
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Procedure after submitting your application
(When you have applied) - remove We will consider all the information in your application and any previous record we hold, (Appendix J2, details what we consider).Once you have applied for a licence and have received your Criminal Records Disclosure your application will be considered. To determine an application the following are considered:
Motoring Convictions Criminal Convictions Medical Conditions Any other relevant information
The relevance of convictions which may affect your licence application are set out in the City Councils “Guidelines relating to the relevance of Convictions” and/or the Local Government Regulation Offices “Taxi and PHV Licensing Criminal Convictions’ Policy” ATTACHED AT APPENDIX ???
The possible outcomes are:
1. If we are satisfied as to your suitability we will issue you a licence with conditions and a badge to wear at all times when driving a licensed vehicle.
2. We are concerned about your medical fitness so we will not decide your application until we received a professional opinion from the City Councils Occupational Health Physician. This usually takes 30 days but can be longer dependent on the information needed to make a decision. - Remove
3. If we are concerned about your criminal record or motoring convictions or other relevant information which can question your suitability to be licensed, your application has to be decided at a hearing of the Licensing and Registration Panel. Where this happens, a report is prepared and you are invited to sit before a panel who will hear and decide whether to grant or refuse your application. More advice will be given to you if this happens.
Once considered and your licence is issued then you will be given a Licence and Badge. This badge must be worn at all times when driving a licensed vehicle.
For further information about Licensing please refer to www.stoke.gov.uk
Or to download a copy of the Hackney Carriage and Private Hire Vehicle drivers licence handbook please refer to www.stoke.gov.uk
Changes in your personal circumstances
Once your licence is issued you need to inform Licensing within 7 days, if you receive any Criminal or Motoring Convictions, as failure to do so could result in your application being referred to the Licensing and Registration Panel for failing to adhere to the Licence conditions.
You must also notify Licensing if there is any change in your medical condition, and if your change address.
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APPENDIX H2
THE LOCAL KNOWLEDGE TEST FOR PROSPECTIVE TAXI AND PRIVATE HIRE DRIVERS
1 Introduction
1.1 Any prospective driver must pass a test to make sure that they can perform their duties to a basic professional standard and that they know the law and local conditions affecting how they work. This protects the safety and general interest of the driver, public and businesses who use the taxi and private hire services.
1.2 The test consists of these six parts, which must all be passed.
Part of Test How Tested? Pass Mark Route Knowledge Multiple Choice Written Test 10 out of 12 Places of Interest Written Test 30 out of 35 Licensing Laws and Local Multiple Choice Written Test 22 out of 25 Conditions Highway Code Multiple Choice Written Test 10 out of 12 Disability Awareness Practical and Written Test Attendance and Discussion Verbal Communication Mental Arithmetic / Calculating 1 out of 1 (All 5 pieces Verbal, Written and Practical Fares of information) Basic Writing Ability
1.3 To get a certificate the applicant must pass all elements.
1.4 Once the applicant has passed the test, we will issue a pass certificate. The certificate must be submitted with an application within 12 months of passing the test.
2 Elements
2.1 Route Knowledge This element tests the applicant’s knowledge of the main roads in and around Stoke-on-Trent.
2.2 Places of Interest This element tests the applicant’s knowledge of popular locations in and around Stoke-on-Trent.
2.3 Licensing Laws and Local Conditions This element tests the applicant’s knowledge of the driver and vehicle licence conditions to ensure the driver knows what rules he or she must obey.
2.4 Highway Code This element tests the applicant’s knowledge of the highway code to ensure the driver can safely perform his or her driving duties.
2.5 Disability Awareness Applicants will be required to watch a short film on disability awareness as it affects the taxi and private hire vehicle trade. Applicants will then be required to take part in a group discussion about the film.
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2.6 Verbal Communication, Mental Arithmetic / Calculating Fares and Basic Writing Ability This element tests the applicant’s ability to understand verbal instructions, to calculate fares and write a receipt. Applicants will be given verbal details about an imaginary fare. This will be repeated to them three times.
The applicant will then be asked to write a receipt detailing five pieces of information. To pass this element, the receipt must be legible by any reasonable person, and any calculations must be correct. Spelling is not important but legibility is. The applicant will be given one imaginary fare and must write the receipt for the fare correctly. No mistakes are allowed.
3 Assessment
3.1 To be considered a full pass and get a pass certificate, the applicant must pass all elements, within a 12 month period.
3.2 Applicants will receive a pass credit for each element passed.
3.3 Applicants only have to repeat elements not already passed.
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APPENDIX H3
APPLYING FOR A CRIMINAL RECORDS BUREAU DISCLOSURE
How to obtain a Criminal Records Bureau (CRB) Disclosure Application Form:
1. Telephone the CRB: 0870 90 90 844 You must be ready to give the CRB your:
2. Ask for: An Enhanced Disclosure 1. Full Name & Full Address with postcode 2. Date of Birth 3. Quote Ref: 211 170 000 06 3. The date you moved into your current address 4. Telephone Numbers (mobile phone and home) 4. Name of Body: Licensing Services 5. National Insurance Number Stoke-on-Trent City Council
The fee of £44.00 is payable by you and is sent by Licensing Services to the CRB with your completed application form. This can only be done by cheque or postal order made payable to the “Criminal Records Bureau”. We cannot accept cash or card payments and are unable to provide a receipt.
Please call 01782 232774 to make an appointment to bring the completed form and payment along with your valid Passport, Full DVLA Driving Licence, National Insurance Card and two recent utility bills less than three months old to Licensing Services, Hanley Town Hall, Albion Street, Hanley, Stoke-on-Trent, ST1 1XP.
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List of Valid Identity Documents Group 1 Passport EU National Identity Card Full Driving Licence (UK) Birth Certificate (UK) - England/ Wales/ Scotland/ Northern Ireland/ - Issued within 12 months of date of birth – full or Isle of Man ; either photocard or paper ( a short form acceptable including those issued by UK photo card is only valid if the individual authorities overseas, such as Embassies, High presents it with the counterpart licence) Commissions and HM Forces. HM Forces ID Card (UK) Firearms Licence (UK) Adoption Certificate (UK) Group 2 Marriage/Civil Partnership Certificate Financial Statement ** - e.g. pension, endowment, ISA Birth Certificate Vehicle Registration Document (Document V5 old style and V5C new style only) P45/P60 Statement (UK) ** Mail Order Catalogue Statement * Bank/Building Society Statement * Court Claim Form (UK) ** - Documentation issued by Court Services Utility Bill* Exam Certificate - electricity, gas, water, telephone – including - e.g. GCSE, NVQ, O Levels, Degree mobile phone contract/bill TV Licence ** Addressed Payslip * Credit Card Statement * National Insurance Card (UK) Store Card Statement * NHS Card (UK) Mortgage Statement ** Benefit Statement* - e.g. Child Allowance, Pension Insurance Certificate ** Certificate of British Nationality (UK) Council Tax Statement (UK) ** Work Permit/Visa (UK) ** A document from Central/ Local One of the following documents from the Government/ Borders and Government Agency/ Local Authority Immigration Agency (BIA) (formerly the giving Immigration and Nationality Directorate – IND) entitlement (UK)*: (UK): e.g. from the Department for Work and Do not use more than one of the following Pensions, the documents Employment Service , Customs & Revenue, Convention Travel Document (CTD) Job Centre, Stateless Person’s Document (SPD) Job Centre Plus, Social Security Certificate of Identity (CID) Asylum Registration Card (ARC) CRB Disclosure Certificate ** Letter from a Head Teacher * Connexions Card (UK) *documentation should be less than three months old **issued within past 12 months
To be checked with Sarah Evans re relevant documents
APPENDIX H4 DRIVERS –RENEWING A LICENCE
When your licence is due for renewal we will write to you at the address shown on our records, usually about three months before.
Your renewal may be affected if you change address and do not tell us.
Your letter will state an appointment date and time and will you tell you what is required. This is why it is very important that you keep your personal details up to date with Licensing.
Once you have your letter it will clearly state what you need to renew your licence and advise you to contact Licensing Services to make an appointment to submit your application..
Booking an Appointment
To submit your application an appointment is required.
There are THREE ways in which an appointment can be arranged
1. By telephone. Licensing can be contacted from Cromer Road Testing Station using the free phone available, this can be done as soon as the test is complete, please have your Certificate of Suitability with you as we will require the details 2. In person 3. By e-mail
Licensing Services can be contacted by:
Calling: 01782 232774 Faxing: 01782 232773 Emailing: [email protected]
Licensing Services are open between the following hours:
Monday, Tuesday, Thursday: 08:45 until 17:00 Wednesday: 10.30 until 17.00 Friday: 08:45 until 16:30 TO BE AMENDED ACCORDINGLY TO SHOW CURRENT OPENING TIMES
Once your details have been taken by an Officer, you will be given an appointment.
Attending your Appointment
When attending your appointment you will need:
A fully completed application form – available online or from the Licensing Services office.
A full UK Driving Licence or Equivalent – If you have a photocard licence you must submit your card and the paper counterpart (please note we cannot issue a licence to anyone who has not held a UK Driving
Licence or equivalent at least 12 months) Information on the equivalent to a UK driving Licence can be found here: www.dvla.gov.uk/media/pdf/leaflets/inf90.pdf
Medical Certificate completed by your GP’s surgery. The certificate needs to be less than 3 months old when you apply and can be obtained from Licensing titled Stoke-On-Trent Medical Report – if applicable*
A new colour Passport Photograph
The fee. This can be paid by the following methods:
o Cash o Cheque accompanied with your cheque guarantee card o Credit/Debit Card o Postal Orders – Remove this
Criminal Records Disclosure application form if applicable*. See Appendix H3 for details on how to obtain your disclosure. Alternatively this can be found in the booklet you will receive from the Criminal Records Bureau upon requesting your disclosure. – Remove this
Applications for Criminal Records Disclosure can only be accepted if: o The form is completed correctly o The required identification is provided o The fee is paid by cheque or postal order
And it is provided as part of an application for a: o For Renewal of a Hackney Carriage and Private Hire Vehicle Drivers Licence
*Not necessary on all renewal applications
If you have any queries regarding the information you require please contact Licensing
Your documentation must be fully completed, stating your name, address, and be in a clean undamaged and fully legible condition prior to submitting your application. Please note all documentation must be in the same name and address.
On arrival report to the Licensing Reception an Officer will take your documentation and fee
If your medical raises concerns you will be asked to complete further forms authorising disclosure of your medical information.
Once you have submitted your application your photograph may be taken if the last photo on file is not satisfactory.
After submitting your application
Once you have submitted your application it will be considered in light of our “Variable Licence Period Policy In Respect Of Hackney Carriage and Private Hire Vehicle Drivers Licence’s which could result in your licence period being reduced, remaining the same, being extended or your application being referred to the Licensing and Registration Panel, for a decision where your continuing suitability is in doubt.
We will consider all the information in your application and any previous record we hold, (Appendix J2, details what we consider).Once you have applied for a licence and have received your Criminal Records Disclosure your application will be considered. To determine an application the following are considered:
Motoring Convictions Criminal Convictions Medical Conditions Any other relevant information
The relevance of convictions which may affect your licence application are set out in City Councils “Guidelines relating to the relevance of Convictions” and/or the Local Government Regulation Offices “Taxi and PHV Licensing Criminal Convictions’ Policy” ATTACHED AT APPENDIX ???
Changes in your personal circumstances
Once your licence is issued you need to inform Licensing within 7 days, if you receive any Criminal or Motoring Convictions, as failure to do so could result in your application being referred to the Licensing and Registration Panel for failing to adhere to the Licence conditions.
You must also notify Licensing if there is any change in your medical condition, and if you change address.
Expired Licences
If your licence expires you will be treated as a new applicant.
If your licence expired less than one year ago you will not need to sit a Local Knowledge Test, but you will need to submit a new medical certificate, Criminal Records Disclosure, application form and the fee.
If your licence expired more than one year ago you will need to start again as if you were a brand new applicant, you will require the NVQ Level 2 Certificate in the Introduction to the Role of the Professional Taxi and Private Hire Driver, pass the Local Knowledge Test, and submit a new application.
APPENDIX I
PRIVATE HIRE DRIVERS LICENCE CONDITIONS
DEFINITIONS
“Badge” means the badge issued with your licence. “You” means “the licensed driver” “Your” means “of the licensed driver” “Your vehicle” means the licensed vehicle you are driving at that time (regardless of whether you are the licensee of the vehicle) “We” and “Us” means Stoke-on-Trent City Council “Taxi” means hackney carriage
1) You will comply with the following conditions, which you should read with the Code of Good Conduct for Licensed Drivers.
GOVERNING LEGISLATION
Private hire operators, vehicles and drivers are licensed and governed under Local Government (Miscellaneous Provisions) Act 1976, Transport Act 1980 and Disability Discrimination Act 1995 and other amending laws. This is not an exhaustive list.
These conditions are issued to you under powers conferred on us by Parliament. Action may be taken against you for breach of these laws and these conditions. Appendix R to the Licensing Policy briefly describes each offence under the above laws and the maximum penalties, which you should read.
We will give you our interpretation of these laws, but this is not guaranteed as authoritative. If you are unsure of the law and your responsibilities, you should seek your own legal advice on all matters.
WHAT YOU HAVE TO TELL US…
2) Changes to your details: You will tell us within seven days, and in writing on the prescribed forms, if your details change from those given with your application, including your name, address and operator.
3) Charges: You will tell us immediately, and within seven days, and in writing on the prescribed forms if you are charged with an arrestable offence stating the alleged offence description, alleged offence date and any other information that we might reasonably request.
4) Convictions and Cautions: You will tell us within seven days, and in writing on the prescribed forms of any caution or conviction imposed on you stating the offence description, the offence date, the conviction or caution date, the convicting court, the penalty imposed and any other information that we might reasonably request.
5) Driving Convictions and Endorsements:
a) You will tell us within seven days, and in writing on the prescribed forms of your acceptance of a fixed penalty endorsement stating the offence description, offence date, conviction date, penalty and fine imposed and any other information that we might reasonably require.
b) Once your DVLA licence has been endorsed and returned to you, you will submit it to us, in person, within 7 days.
c) For offences where you are required to attend court, condition 4 above applies.
6) Accidents: You will report to us in writing on the prescribed form as soon as possible and in any case within 72 hours of the event, any accident to a licensed vehicle. Do not assume that another person has done this already.
7) Changes to your Medical Fitness: If you develop any condition or suffer any of the following, you must tell us immediately:
a) Heart Condition b) Abnormal Blood Pressure c) Diabetes d) Epilepsy e) Sudden Attacks of Giddiness or Fainting f) Deterioration of Eyesight or Hearing g) Alcohol or Drug Dependency h) Mental or Psychological Disorder i) Serious Physical Injury or Disability j) Any other condition affecting your ability to drive
8) Refusals, Suspensions and Revocations: If you apply for, or hold any hackney carriage or private hire operator, vehicle or driver licences with any other council, then you must inform us in writing and within seven days if any application is refused, or licence is suspended or revoked detailing the date of decision, the name of the council, the licence number(s) of the licences suspended or revoked. You must also provide us with a copy of the decision notice issued by the other council giving the grounds for the action.
WHAT YOU HAVE TO TELL OTHERS ABOUT…
9) You will give Part B of your licence (“Operator’s Copy”) to your licensed operator before taking your first hire job.
10) Each time your licence is renewed you must give Part B of your licence (“Operator’s Copy”) to your licensed operator before taking your first hire job. Copies of these documents are available from the Licensing Service on request and subject to payment of the appropriate fee.
11) You will give a copy of Part C of your licence (“Vehicle Licensee’s Copy”) to the vehicle licensee before taking your first hire job.
12) Each time your licence is renewed you will give Part C of your licence (“Vehicle Licensee’s Copy”) to the vehicle licensee before driving the vehicle. Copies of these documents are available from the Licensing Service on request and subject to payment of the appropriate fee.
YOUR DRIVER’S BADGE
13) You will always keep your badge in a safe and secure place and you will not lend the badge issued to you to anyone or permit anyone else to wear it.
14) If your badge or lanyard is lost or becomes damaged you will repair or replace it and tell us about the loss or damage immediately.
15) You will not display more than one licensed driver’s badge, or other identification, (except the accompanying counterpart (‘in vehicle’ or ‘second’) identification card) in any licensed vehicle you are using.
16) When your licence expires, you will return the badge and counterpart (‘in vehicle’ or ‘second’) identification card relating to the expired licence to us immediately.
17) Without question, you will give any customer who asks for your details your badge number and name.
YOUR COUNTERPART (‘IN VEHICLE’ or ‘SECOND’) IDENTIFICATION CARD
18) We issue you with a counterpart (‘in vehicle’ or ‘second’) ID card, you will display this in the private hire vehicle you are driving in the card holder provided, so that the details of the card are plainly and distinctly visible to all passengers.
19) You will always keep this card in a safe and secure place and you will not lend it to anyone or permit anyone else to use it.
20) If your card is lost or becomes damaged you will repair or replace it and tell us about the loss or damage immediately.
IMPORTANT: Displaying your counterpart (‘in vehicle’ or ‘second’) identification is an extra requirement to your legal duty to wear your driver’s badge plainly and distinctly, not an alternative.
YOUR MEDICAL FITNESS
21) You will produce a certificate signed by your General Practitioner (G.P.) to the effect that you meet the Group II medical standard for vocational drivers and are physically fit to be the driver of a Private Hire Vehicle.
22) You must produce another medical certificate at intervals in accordance with the relevant council policy.
23) You must produce a medical certificate to the effect that you meet the Group II medical standard for vocational drivers after an absence from work due to illness of six weeks or more.
24) If we ask you to, you must submit yourself for examination by our designated medical examiner to assess if you are fit to continue driving a licensed vehicle. – Remove this section
25) You must not continue driving, if you have a medical condition which may affect your safe driving ability.
Note: The Group II medical standard criteria is available on the DVLA website
YOUR APPEARANCE
26) When acting as a driver you will dress respectably and have a clean and tidy appearance, as outlined in Appendix L to this policy.
YOUR VEHICLE
27) Each time you drive a licensed vehicle, you will:
a) make sure that all the vehicle licence signage is clearly displayed and is not defaced b) make sure that the ‘rate of fares’ card is available in the vehicle should a passenger request it. c) confirm the number of passengers you are allowed to carry by reading the vehicle licence plate on the rear of the vehicle; d) confirm that the vehicle licence is still in force by reading the vehicle licence plate on the rear of the vehicle; e) correct any defects or report any missing signage to the vehicle licence holder immediately. f) make sure that the vehicle is in a clean, tidy and presentable condition. g) make sure that luggage space is available for luggage to be suitably secured outside of the passenger compartment without interfering with the use of any emergency exits.
28) You will make sure that the keys to your vehicle are always kept safely and securely so that no unlicensed person can access your vehicle when you are not driving it.
YOUR JOURNEY AND FARES
29) Except with reasonable excuse, you will not use the horn to signal that your vehicle has arrived. This does not supersede the rules of the Highway Code. Where your vehicle is fitted with a customer notifying facility (such as ‘call back’), then this shall be used.
30) Unless delayed or prevented for a good reason, you will punctually attend at such appointed time and place as directed by your operator.
31) You will convey a reasonable amount of luggage and afford reasonable assistance in loading and unloading luggage.
32) You will not carry more persons than those specified on the licence plate attached to the rear of the vehicle.
33) You will not carry a child under the age of 10 in the front seat of the vehicle and you will not allow more than one person to travel in the front seat of the vehicle, unless the vehicle is specifically designed for such use.
34) You must not without the hirer’s permission play any radio or other audio equipment in your vehicle other than for the purposes of sending or receiving messages in connection with the operation of that vehicle.
35) You must not allow the noise emitted by any equipment in your vehicle to be a source of nuisance or annoyance to any person, whether inside or outside the vehicle.
36) You will behave in a civil, polite and orderly manner and take all reasonable precautions to ensure the safety of persons getting into, travelling in, or getting out of your vehicle, and to ensure the safety of all other road users. In the event of a vehicle fire, your first priority must be removing all passengers from the vehicle.
37) When under a hire, you will drive your customer to the destination by the shortest route, unless instructed otherwise by your customer.
38) You will charge the fare at your operator’s agreed rates and if your private hire vehicle is fitted with a taximeter, then you will:
a) unless the hirer expresses at the commencement of the journey his desire to engage by time, start the meter running at the commencement of the journey and
b) bring the machinery of the taxi meter into action by moving the said key, flag or other device, so that the word ‘HIRED’ is legible on the face of the taximeter before beginning a journey for which a fare is charged for distance and time, and keep the machinery of the taximeter in action until the termination of the hiring.
c) cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is during the hours of darkness as defined for the purposes of the Road Traffic Act 1972, and also at any other time at the request of the hirer.
d) not demand from the hirer more than the fare shown on the face of the meter.
39) A driver, on request, must provide a written receipt detailing:
a) The date and time b) The pickup location c) The destination location d) The fare charged e) Your firm f) Your plate number g) Your signature
40) You will immediately at the end of every hire of the vehicle, or as soon as practicable, carefully search the vehicle for any property accidentally left in your vehicle and carry it as soon as possible and in any event within 48 hours to the nearest Police Station and leave it in the custody of an authorised officer on his giving a receipt for it.
41) If you find lost property, you will inform your operator of the nature of the property, when you found it, and at which Police Station it is located.
THE CARRIAGE OF ANIMALS
42) Whilst using the vehicle for hire purposes, you will not carry any animal in the vehicle which is not owned by the hirer.
43) You may carry any animal in the custody of passengers, at your discretion, if the animal is properly restrained.
44) If your vehicle is hired by, or for a disabled person with their guide, hearing, or prescribed assistance dog; then you will, without question or complaint, carry the disabled passenger’s dog and allow it to remain with the passenger; and not make any additional charge for doing so.
(Any person with a medical condition that would be aggravated by carrying dogs may apply to the Council for an exemption from this condition).
WHEELCHAIR ACCESSIBLE VEHICLES
45) If you drive a wheelchair accessible vehicle, you must:
(i) be fully aware of the correct method of operation of all ramps, lifts and wheelchair restraints fitted to the vehicle, and the correct method of removal and reinstallation of removable seats.
(ii) before any movement of the vehicle takes place, ensure that all wheelchairs are firmly secured to the vehicle using an approved restraining system and the brakes of the wheelchair have been applied.
(iii) ensure that any wheelchairs, equipment and passengers are carried in such a manner that no danger is likely to be caused to those passengers or to anyone else, in accordance with regulations, S.100 of the Road Vehicles Construction and Use Regulations 1986.
(iv) Not be physical incapable of loading an adult confined to an un- powered wheelchair
TOUTING
46) The driver must not solicit, by calling out or otherwise invite any person to hire or be carried for hire, and must not accept an offer for the hire of the vehicle except where all the required details are first communicated to the operator. Touting is an arrestable offence.
CHANGES TO CONDITIONS
47) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered necessary.
LOCATIONS WHERE YOU WILL NOT WAIT
48) When driving a private hire vehicle, you will not park or linger in any of these locations except when fulfilling a pre-booked hire: a) Transport Lane, Longton b) Tower Square, Tunstall c) Pickford Place and Saracen Way, Meir. d) Market Place including Wedgewood Place, Burslem e) Piccadilly, Marsh Street North and South, the entire length of Trinity Street, Stafford Street and Town Road, Hanley f) Within the vicinity of any authorised hackney carriage rank. g) At any other location specified to you in writing
These locations to be updated and confirmed prior to publication of the policy. Maps of the locations to be included in the policy ???
COMPLIANCE WITH OTHER LEGISLATION
49) Nothing in these conditions should be construed in any way to provide an exemption from compliance with any other legal duties.
USING YOUR BEST ENDEAVOURS
50) You will use your ‘best endeavours’ to comply with these conditions and to ensure that any of your vehicle’s licensees and operators observe and perform the conditions of their licences and do not commit any offences under the Town Police Clauses Act 1847, Local Government (Miscellaneous Provisions) Act 1976, Disability Discrimination Act 1995 and General Road Traffic Laws and Construction and Use Regulations.
More Information: This condition requires you “take all those steps in your power which are capable of producing the desired results, being steps which a prudent, determined and reasonable person acting in your own interests and desiring to achieve that result would take". (Paraphrased from IBM UK Limited v Rockware Glass Ltd (1980) FSR 335 (CA))
DO YOU THINK THESE CONDITIONS ARE UNREASONABLE?
If you are aggrieved by any of these conditions you can appeal to a Magistrates Court.
SUMMARY OF CONDITIONS
DOCUMENTS YOU HAVE TO GIVE TO YOUR OPERATOR AND VEHICLE LICENSEE
Part B of your licence to your operator Part C of your licence to your vehicle licensee
THINGS YOU HAVE TO TELL US ABOUT…
Convictions, Cautions and Charges Driving Endorsements and Driving Convictions Changes to your Medical Fitness Changes to your Personal Details Refusal, Suspension or Revocation of Licences with Other Local Authorities
THINGS YOU HAVE TO DO/NOT DO WHEN YOU ARE HIRED…
DO turn up on time at the right location DO help with luggage DO make your way to the destination by the shortest route DO be polite, civil and orderly DO offer a receipt every time DO hand in lost property at the Police Station and tell your operator
DO NOT sound your horn DO NOT play the in car entertainment system without the customer’s permission DO NOT wait for your next job in a prohibited location
APPENDIX J
APPLICATION CONSIDERATIONS
How does the Licensing Service consider applications?
This appendix gives general advice on how applications are processed.
Upon receipt of an application form, a Licensing Support Officer will check that the form is completed correctly and has the correct documentation attached.
Licensing Services do not accept part applications, so please make sure that you complete the application form properly, and that you provide the right documents and pay the right fee. This means that you will not be offended.
To see who will consider your application see Appendix J1.
Delegated powers are conferred to designated licensing officers by locally elected councillors so that the officers may take decisions on specified licensing matters on behalf of the council.
If the application is for a driver’s licence, then the information in Appendix J2 is relevant in determining your application.
If an application is decided by the Licensing and Registration Panel the members follow a procedures for hearing the case Appendix J3, as well as a Table of Decisions that are available for the Panel Appendix J4.
Re position and confirm Appendices numbers.
APPENDIX J2 CHANGES TO HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER LICENSING
Licences will be issued for up to three years and medical certificates will last for six years unless exceptional circumstances apply. You do not have to do anything.
New and Returning Drivers – How the new scheme applies
First application If the applicant passes the Local Knowledge Test and we have inspected the supporting documents and are not concerned about the applicant’s suitability, we will issue a one (1) year licence.
After the First Year (1st Renewal) On first renewal of a licence, if we are not concerned about the applicant’s suitability after inspecting the supporting documents and considering their performance during the first year then we will increase the level of trust to the driver and issue a two (2) year licence.
After the Second Year (2nd Renewal) On each renewal, if we are not concerned about the applicant’s suitability after inspecting the supporting documents and considering your previous performance then we will increase the level of trust to the driver again and issue a three (3) year licence.
The driver will then be licensed every three years unless a shorter licence period is imposed by the Licensing and Registration Panel. . Exceptions
Annual licensing for drivers aged over 65 These drivers will still need an annual medical, so will still be licensed annually, but in most cases these drivers will only have to produce a CRB disclosure every three years.
Late applications treated as new applications If you apply after your licence expires you will be treated as a new applicant meaning you will have to provide a new medical certificate. Also, if when you apply it is more than one (1) calendar year APPENDIX J2(continued) since you last held a licence then you will need to pass a Local Knowledge Test. Even then, if your application is successful then you will only receive a one (1) year licence. We don’t want this to happen to you, so please make it your priority to attend for your renewal appointment .when it is offered. REMOVE
Exceptions (continued)
Continuing Suitability If we are concerned about your suitability or continuing suitability to drive a licensed vehicle you will be referred to the Licensing and Registration Panel. We may refer you to the panel if:
1. you have any convictions, motoring or otherwise or; 2. you don’t declare relevant information such as convictions on your application or; 3. you don’t comply with hackney carriage or private hire laws on your licence conditions or;
4. you don’t tell us about changes in your status, including your name, address, or; 5. you don’t tell us about any convictions you have received since we last issued your last licence or; 6. any recommendations are made by our Occupational Health Physician after considering your medical fitness or; - REMOVE THIS PARAGRAPH 7. any other information which adversely affects your suitability
To avoid being referred to panel you should:
1. Act lawfully at all times and; 2. Tell us if you have any convictions, old or new, each time you apply and; 3. Carefully complete your application form in full and; 4. Read and comply with your licence conditions and the law and; 5. Tell us if you change your address or your name and; 6. Tell us if you receive and new convictions, motoring or otherwise, since we last issued your licence and; 7. Tell us if you develop any medical condition affecting your driving.
Because of the higher level of trust being offered to you as a licensed driver, the panel are adopting a stricter approach to these matters.
If you are referred to the Licensing and Registration Panel, they could suspend, revoke, refuse to renew or refuse to issue your licence or issue your licence for any period up to three years. If a shorter licence period is applied, you will have to obtain a new CRB disclosure to support your next application and/or provide a medical certificate dependent on the circumstances.
Questions and Feedback
If you have any questions or feedback, please contact us: Telephone: 01782 232774 Fax: 01782 232773 Licensing Services Email: [email protected] PO Box 2452, Hanley Town Hall Minicom for Hearing Impaired People with a Albion Street, Hanley text phone 01782 232331 Stoke-on-Trent, ST1 1XP
Table to be re configured to be more legible and easier to read APPENDIX J2 i.e tick boxes ?? LSO LO LRP All Applications Incomplete Complete Applications Driver No new convictions New Convictions Medical "satisfactory" Medical "unsatisfactory" Exemption "Prescribed assistance dog" Exemption "Wearing/displaying Badge" Complaints upheld Breaches of Conditions Breaches of Licensing Law Vehicle PH/HC standard application Accident Damage/Suspension/Revocation New vehicle "Tint" Exemption "Door Signage & Livery" Exemption "Age Policy" Exemption "Vehicle Signage" Complaints upheld Breaches of Conditions Breaches of Licensing Law Operator Grant & Renewal Door Signage Complaints upheld Breaches of Conditions Breaches of Licensing Law Key Licensing Support Officer LSO Licensing Officer LO Reposition in front of Licensing & Registration Panel LRP Appendix J2 ?? Primary responsibility Secondary responsibility (potential referral) No responsibility
APPENDIX J3
LICENSING AND REGISTRATION PANEL PROCEDURE FOR HEARING PANEL CASES
PANEL MEMBERSHIP
The Panel consists of 6 ??? elected members of the City Council who will hear and decide your case. The Chair of the Panel will introduce these members to you. The Chair will be ultimately responsible for ensuring that the meeting is conducted in accordance with procedural rules and statute. A number of officers assist the Panel with their duties: -
A Legal Advisor (normally seated to the left-hand side of the Chair) A Clerk to the Panel (normally seated to the right-hand side of the Chair) Licensing Officers of the Authority (normally seated to the far left-hand side of the Chair) Occasionally other officers from the City Council may be invited to attend and advise the Panel if necessary.
PROCEDURE
When your case is to be heard you will be invited into the Committee Room and the Chair of the Panel will introduce him/herself and then ask you to confirm the following details: -
Your name, your address and your date of birth If you have received a copy of the report in relation to your case If you have somebody attending with you to represent or assist you the Chair of the Panel will ask that person to confirm their name and the capacity in which they are attending.
The Chair will then introduce the aforementioned members and officers of the Panel to familiarise you with the persons in the room. The procedure that will be followed is designed to ensure that you are given a fair hearing. In reaching its decision the overriding consideration of the Panel will be the protection of the public, however all cases are determined on their own merits.
As part of that procedure the following will happen: -
Officers present the report in relation to your case with any recommendations and may call witnesses The Chair will invite you to ask any questions of the licensing officers/witnesses Panel members will be invited to ask questions of the licensing officers/witnesses The Chair will invite you to respond to the report and you may call witnesses Panel members invited to ask questions of you and your witnesses
APPENDIX J3 continued
Before the Panel goes into closed session, you will be given an opportunity to make any final comments in support of your case. You and the Licensing Officers will then be asked to leave the Committee Room while the Panel makes its decision in private.
When a decision has been made you will be invited back into the Committee Room. The Chair will inform you of the decision (in some cases the Legal Adviser will read out the details of the decision).
The Licensing Service will write to you to confirm the decision of the Panel and, if applicable, the period of time that is available to appeal to the Magistrates Court (or otherwise as the case may be).
If you should have any questions in respect of these guidance notes please contact the clerk to the Licensing and Registration Panel on 01782 232611.
APPENDIX J4
LGMPA = Local Government (Miscellaneous Provisions) Act 1976 All decisions must be made in consideration of note (10) TPCA = Town Police Clauses Act 1847
Type of Hearing Decisions Available Authority Other Information / Implications Grant Licence Recorded warning may be issued Grant Licence with Extra LGMPA, Section 51 Grant Recorded warning may be issued / Read (7) Conditions TPCA, Section 46 Refuse Licence Read (1) & (9) Renew Licence Recorded warning may be issued LGMPA, Section 51 Renew Licence with Extra TPCA, Section 46 Recorded warning may be issued / Read (8) Conditions & (9) Renew Licence for Lesser Renewal LGMPA, Section 51 & 53 (1)(a) & Recorded warning may be issued Period Report to Licensing and Renew Licence for Lesser Consumer Protection Committee Recorded warning may be issued / Read (8)
Drivers Period with Extra Conditions (21/09/2005) & (9) Refuse to Renew Licence LGMPA, Section 61 Read (1), (2) & (9) Revoke or Suspend Licence LGMPA, Section 61 Read (1), (2) & (9) Revoke or Suspend Licence Suspension or until completion of the Local Knowledge Test and/or Revocation LGMPA, Section 61 Read (1), (2) & (9) Disability Discrimination Course and/or DSA Driving Assessment Test
APPENDIX J4 CONTINUED
Type of Hearing Decisions Available Authority Other Information / Implications LGMPA, Section 48 Grant Grant Licence Recorded warning may be issued TPCA, Section 40
Refuse Licence Read (4) & (9)
LGMPA, Section 48 Renewal TPCA, Section 40 Renew Licence Recorded warning may be issued
Renew Licence with Extra LGMPA, Section 48 Recorded warning may be issued / Read (8) Conditions TPCA, Section 40 & (9) Renewal Suspension & Refuse to Renew Licence LGMPA, Section 60 Read (5) & (9) Revocation
Revoke or Suspend Licence LGMPA, Section 60 Read (5) & (9) Private Hire Vehicles Vehicles Private Hire
Hackney Carriages and Hackney Carriages Not to Revoke or Suspend N/A Recorded warning may be issued Suspension & Revocation Type of Hearing Decisions Available Authority Other Information / Implications
APPENDIX J4 CONTINUED
Type of Hearing Decisions Available Authority Other Information / Implications
Grant Licence Recorded warning may be issued
Grant Licence with Extra Recorded warning may be issued / Read (8) Grant LGMPA, Section 55 Conditions & (9)
Refuse Licence Read (6) & (9)
Renew Licence LGMPA, Section 55 Recorded warning may be issued
Renew Licence with Extra Recorded warning may be issued / Read (8) Renewal LGMPA, Section 55 Conditions & (9)
Refuse to Renew Licence LGMPA, Section 62 Read (7) & (9) Private Hire Operators Private Hire Revoke or Suspend Licence LGMPA, Section 62 Read (7) & (9) Suspension & Revocation Not to Revoke or Suspend N/A Recorded warning may be issued
APPENDIX J4 CONTINUED
(1) If any of these decisions are chosen then the applicant or licensee will be prohibited from driving any licensed vehicle for any reason, so if they are the only insured drivers the Panel should also suspend any of their vehicle licence(s) until Regulatory Services receive written notification that another licensed driver is driving the vehicle, accompanied by valid insurance excluding the subject as a driver of the vehicle.
(2) Section 61, Local Government (Miscellaneous Provisions) Act 1976 gives a Licensing Authority the power to suspend, revoke, or refuse to renew a driver's licence on the following grounds - (a) that he has since the grant of the licence - (i) been convicted of an offence involving dishonesty, indecency or violence; or (ii) been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act; or (b) any other reasonable cause “The words ‘any other reasonable cause’ cover anything and everything which might be regarded as a reasonable reason for depriving a person of his licence. It is impossible to define in any general terms what circumstances might arise. Endless possibilities suggest themselves. The all- important word is ‘reasonable’. This matter of reasonable cause must be decided in every case on its own facts and in a common sense, down- to-earth way. It would not be right to seek to fetter a court on how it approaches the matter.” per Comyn J, Norwich City Council v Thurtle and Watcham.
(3) If suspending a licence, the panel should specify a period of suspension or specify the criteria upon which the suspension can be lifted
(4) Section 48, Local Government (Miscellaneous Provisions) Act 1976 states that a district authority shall not grant such a licence unless they are satisfied- (a) that the vehicle is- (i) suitable in type, size and design for use as a private hire vehicle (ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage (iii) in a suitable mechanical condition (iv) safe; and (v) comfortable that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements (b) of Part VI of the Act of 1972
APPENDIX J4 CONTINUED
(5) Section 60, Local Government (Miscellaneous Provisions) Act 1976 gives a Licensing Authority the power to revoke, or refuse to renew a vehicle licence on the following grounds - (a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle (b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this Act by the operator or driver; or (c) any other reasonable cause
“The words ‘any other reasonable cause’ cover anything and everything which might be regarded as a reasonable reason for depriving a person of his licence. It is impossible to define in any general terms what circumstances might arise. Endless possibilities suggest themselves. The all- important word is ‘reasonable’. This matter of reasonable cause must be decided in every case on its own facts and in a common sense, down- to-earth way. It would not be right to seek to fetter a court on how it approaches the matter.” per Comyn J, Norwich City Council v Thurtle and Watcham. (6) Section 55 states that ...a district council shall not grant a licence unless they are satisfied that the applicant is a fit and proper person to hold an operator's licence (7) Section 62, Local Government (Miscellaneous Provisions) Act 1976 gives a Licensing Authority the power to revoke, suspend, or refuse to renew an operator's licence on the following grounds - (a) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this Act; (b) any conduct on the part of the operator which appears to the district council to render him unfit to hold an operator's licence; any material change since the licence was granted in any of the circumstances of the operator on the basis of which the licence (c) was granted; or (d) any other reasonable cause “The words ‘any other reasonable cause’ cover anything and everything which might be regarded as a reasonable reason for depriving a person of his licence. It is impossible to define in any general terms what circumstances might arise. Endless possibilities suggest themselves. The all- important word is ‘reasonable’. This matter of reasonable cause must be decided in every case on its own facts and in a common sense, down- to-earth way. It would not be right to seek to fetter a court on how it approaches the matter.” per Comyn J, Norwich City Council v Thurtle and Watcham. (8) Where special conditions are applied to a licence these should be considered reasonably necessary and defensible as such
APPENDIX J4 CONTINUED
(9) These decisions can be appealed by the applicant. Section 77, Local Government (Miscellaneous Provisions) Act 1976 allows a licensee to carry on unaffected by the decision in the 21 days appeal period after notice of the decision is given, and until the appeal is dealt with, where an appeal has been lodged. For grant applications, there is no licence to protect so a refusal to grant does not allow a person to take up that position during the appeal period. From 16 March 2006, Section 52 of Road Safety Act allows the committee to give a direction that the suspension or revocation of a Hackney Carriage and Private Hire Vehicle Driver's Licence should take immediate effect, removing the Section 77 rights to continue working under appeal, where the committee are of the opinion that the interests of public safety require such a course of action. (10) Before deciding whether to take action in respect of a licence the committee should consider all relevant parts of the Human Rights Act 1998. The Local authority licensing powers cover a wide range of social and economic activity and thus the full range of Convention rights may be relevant. However, the most directly relevant articles are;
Article 1 of Protocol 1: Protection of Property Article 6(1): The Right of fair trial Article 8: Right of respect for private and family life Article 14: Prohibition of Discrimination
Article 1 of Protocol 1 states: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not however, in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
The range of property which is potentially protected by Article 1 of Protocol1 is wide and encompasses most licences. In Tre Traktorer Atkiebolag v Sweden (1989) 13 EHRR 309, the withdrawal of an alcohol licence from a restaurant was held to amount to a property right which was capable of being so protected. One important limitations is that Article 1 of Protocol 1 only protects property which has already been acquired; it does not give an individual a right to possessions which he or she does not have. Another limitation is that changes to the conditions under which a licence operates may well not amount to a prima facie interference with Article 1 of Protocol 1 rights.
Consider amending this into the Driver Conditions ????
APPENDIX K
CODE OF GOOD CONDUCT FOR LICENSED DRIVERS
In order to promote its licensing objectives as regards hackney carriage and private hire licensing, the Council has adopted the following Code of Good Conduct, which should be read in conjunction with the other statutory and policy requirements set out in this document.
1 Responsibility to the Trade
Licence holders shall promote the image of the hackney carriage and private hire trade by:
(a) complying with this Code of Good Conduct;
(b) complying with all the Conditions of their Licence and the Councils Hackney Carriage and Private Hire Licensing Policy;
(c) behaving in a civil, orderly and responsible manner at all times.
2 Responsibility to Clients
Licence holders shall:
(a) maintain their vehicles in a safe and satisfactory condition at all times;
(b) keep their vehicles clean and suitable for hire to the public at all times;
(c) attend punctually when undertaking pre-booked hiring;
(d) assist, where necessary, passengers into and out of vehicles;
(e) offer passengers reasonable assistance with luggage.
(f) All hackney and private hire vehicles will be smoke-free areas at all times as stated by the Health Act 2006.
3 Responsibility to Residents
To avoid nuisance to residents when picking up or waiting for a fare, a driver shall:
(a) not sound the vehicle’s horn (except where allowed by the Highway Code);
(b) keep the volume of any in-vehicle entertainment system to a minimum;
(c) switch off the engine if required to wait;
(d) take whatever additional action is necessary to avoid disturbance to residents in the neighbourhood.
At taxi ranks and other places where hackney carriages ply for hire by forming queues, drivers shall, in addition to the requirements above:
(e) rank in an orderly manner and proceed along the rank in order and promptly;
(f) remain in the vehicle.
At private hire offices a licence holder shall:
(g) not allow their in-vehicle entertainment system to cause disturbance to residents of the neighbourhood;
(h) take whatever additional action is necessary to avoid disturbance to residents of the neighbourhood which might arise from the conduct of their business.
4 General
Drivers shall:
(a) promote a professional image by NOT wearing any hat or head covering, such as a baseball cap or ‘beanie’ hat whilst driving a licensed vehicle. This rule shall only be applied where there is no religious or cultural reason for the headwear.
(b) pay attention to personal hygiene and dress so as to present a professional image to the public;
(c) be polite, helpful and fair to passengers;
(d) drive with care and due consideration for other road users and pedestrians.
(e) obey all Traffic Regulation Orders and directions at all time;
(f) not consume alcohol* before or at any time whilst driving or being in charge of a hackney carriage or private hire vehicle;
(g) not drive while having misused legal or illegal drugs;
(h) fulfil their responsibility to ensure compliance with legislation regarding the length of working hours.
5 Hearings
Drivers should be aware of the powers the Council has to take action, by way of suspension, revocation or refusal to renew a driver’s licences where
(a) the driver has been convicted, since the grant of the licence, of an offence involving dishonesty, indecency or violence or any other reasonable cause.
(b) the driver has been convicted of an offence under the legislation or Hackney Carriage and Private Hire Licensing Policy relating to taxi regulation
(c) there is a breach of condition or this code
(d) any other reasonable cause
* PLEASE NOTE:
ANY AMOUNT OF ALCOHOL OR DRUGS CAN AFFECT A DRIVER’S JUDGEMENT THE COUNCIL WILL TAKE A VERY SERIOUS VIEW OF ANY DRIVER BEING FOUND TO HAVE HAD ANY ALCOHOL OR HAVING MISUSED ANY DRUGS WHILST IN CHARGE OF A LICENSED VEHICLE
Consider amending this into the Driver Conditions ???? APPENDIX L
DRESS CODE FOR LICENSED DRIVERS
Stoke on Trent City Council is committed to encouraging the professional image of the hackney carriage and private hire trade, and considers that drivers of licensed vehicles are vocational drivers. The Council considers, therefore, that drivers should conform to a minimum standard of dress, as set out below, in order to raise and maintain the profile of the licensed trade.
The Authority does not impose such standards by way of conditions to any licence. It is expected, however, that such standards will be maintained at all times.
Recommended Standards of Dress within this code
(1) Tops
Shirts, blouses, T-shirts, or sweat tops should cover the shoulders and be capable of being worn inside trousers or shorts.
Shirts or blouses can be worn with a tie or open-necked.
(2) Trousers/Shorts/Skirts
Trousers may be either full length or shorts.
Drivers should not wear above the knee shorts or skirts.
(3) Footwear
Sensible Footwear should be worn (Safety shoes with protected toecaps are recommended, but not required.)
We would recommend that all clothing, as a minimum should be clean, ironed and in good condition.
Generally
(4) Offensive Clothing
The council disapproves of all clothing which displays images or motifs which could be considered of national, political, racial, cultural, sexual or other potentially offensive language or symbols.
(5) Safety Clothing and Uniform
The council supports the use of a uniform for licensed drivers and the wearing and/or safety clothing if desired, such as a high visibility waistcoat or overcoat.
APPENDIX M
POLICY RELATING TO APPROVAL OF SIGNAGE ON LICENSED VEHICLES
Approval
Applications for signage approval are now heard by the Licensing and Registration Panel but there is no legal basis requiring a committee level approval of advertising on licensed vehicles. – Remove this section
Authority for approving livery on hackney carriages or additional signage on private hire vehicles is the responsibility of the Licensing Manager.
Officers will be able to approve policy compliant signage on licensed vehicles allowing the Licensing and Registration Panel to address higher priorities affecting public safety so providing a ‘value for money’ service and ‘building a safer city’. - Remove this section
A right of appeal will exist against a signage refusal to the Licensing and Registration Panel and a further right of appeal to the magistrates is available if an applicant is aggrieved by the council’s decision not to approve signage, by appealing against condition 16 of the vehicle conditions, Schedule 1(F4 – No other signs allowed).
SIGNAGE – ‘GRANDFATHER RIGHTS’
As the new policy will impose additional criteria for advertising which some current signage may not comply with, so vehicle operators and proprietors with approval for advertising on their vehicles at the time of approval of this policy will keep ‘grandfather rights’ to such approvals for as long as the licence to which the approval is connected is kept in force.
Where signage was approved, and a licence expires and is re-applied for in respect of the same vehicle or under the same business name (in the case of an operator), the new policy rules will only apply where there is a change in the business name or phone number of the business.
WHEELCHAIR ACCESSIBLE VEHICLES – ADVERTISING FEATURES
The Licensing Manager can automatically approve signage advertising the wheelchair accessible facilities of the vehicle along with any complimentary signs regarding the safe operation of the wheelchair accessibility equipment.
LICENSED VEHICLES – MINIMUM SIGNAGE
Both Hackney Carriages and Private Hire Vehicles must display signs conditionally on their vehicles by virtue of the conditions attached to their licences. See Appendices B and D.
All other signage, except conditionally required signage is prohibited unless approved in writing by the City Council by way of specific approval.
Applications for exemption from this requirement are only approved where the operator or applicant can satisfy an officer as to the reasons for granting such an
exemption. These types of exemptions are reserved for special cases, such as executive hire companies and limousines.
Any application made in connection with an operator’s first licence application is included in the application fee. Other applications, such as those for advertising on a specific vehicle, any subsequent addition approval, amendment or exemption application attracts a fee for consideration.
PRIVATE HIRE OPERATORS – PRIMARY DOOR SIGN (MANDATORY UNLESS EXEMPT)
Applications will be accepted if the applicant provides two original door signs requiring approval. (Two copies are required, the first one to be retained by Licensing Services, the second is forwarded to Cromer Road Testing Station for retention).
To attract automatic approval by a licensing officer, door signs must: 1. contain the trading name and telephone number of the firm to a minimum font size of 4cm; 2. the word “Private Hire” to a minimum font size of 3.5cm; 3. use capital letters only – Remove this item. 4. use a font which is clearly legible; 5. use the same font throughout and no variation of sizes of letters in words; 6. not contain graphics except a minor border around the perimeter. Minor is defined as ‘not diverting attention from the text of the sign’; and 7. not resemble any door sign already approved 8. The trading name must not contain the word “Taxi”, “Hackney” or “Cab” or alternative spellings which convey the same sound, such as “Tacsi”, “Acne” or “Kab”. (except Operators licensed on 01 September 2007 who can continue to use the word ‘Cab’ in their trading name and door sign if the respective private hire operators’ licence remains in force and uses the same trading name.) 9. be designed to permanently fix to a vehicle.
In all other instances, approval of national, political, racial, cultural, sexual or other potentially offensive language or symbols is not desirable and will not attract automatic approval.
PRIVATE HIRE OPERATORS - SECONDARY DOOR SIGN
Applications will be accepted if the applicant provides two copies of the door sign requiring approval. (Two copies are required, the first one to be retained by Licensing Services, the second is forwarded to Cromer Road Testing Station for retention).
Where approval is sought to operate a vehicle for a second operator, then this will only be automatically approved where: a. Both operators’ signs are approved. b. Written confirmation has been received from both operators confirming that they have no objection to the proposals; c. That the applicant nominates in writing the ‘main’ operator and secondary operator; d. That the main operator’s sign is permanently affixed to the vehicle. e. That the door sign for the secondary operator is magnetic and totally obscures the main operator’s permanent signage when affixed to the front doors of the vehicle.
PRIVATE HIRE VEHICLES – EXTENDED VEHICLE SIGNAGE
Applications will be accepted if the applicant provides two copies of the extended vehicle signage requiring approval. Primary Door Signs may be extended and enlarged for larger vehicles such as MPV’s and small minibuses. (Two copies are required, the first one to be retained by Licensing Services, the second is forwarded to Cromer Road Testing Station for retention). Where drawings are scaled down, measurements must be shown for proposed letterings and graphics.
All advertising except for conditionally required licence signage, statutory signage (‘No Smoking’ signs) is prohibited.
1. applications for full livery or significant advertising on private hire vehicles will automatically be refused as this blurs the characteristic distinction between private hire vehicles and hackney carriages.
2. applications will be refused which contain abusive words or images, or similar words or characters communicating what could be interpreted as an abusive or offensive message.
Any other applications will be considered after application has been made in writing providing graphics of exactly how the signage will appear on the vehicle with the correct fee. Considerations will include whether the proposal:
1) Interferes with the licence signage? 2) Could lead a person to believe the vehicle is a hackney carriage?
HACKNEY CARRIAGES – MINIMUM SIGNAGE
Applications will be accepted if the applicant provides two copies of the door sign requiring approval. (Two copies are required, the first one to be retained by Licensing Services, the second is forwarded to Cromer Road Testing Station for retention). Where drawings are scaled down, measurements must be shown for proposed letterings and graphics.
By condition, all hackney carriages must display the proprietor’s name in full on the two front doors. All other signage, except conditionally required signage is prohibited unless approved in writing by the City Council by way of specific approval.
HACKNEY CARRIAGES – LIVERY APPROVAL
All hackney carriage vehicles may have full livery advertising subject to the conditions laid down in Appendices A and M.
APPENDIX N
PRIVATE HIRE OPERATOR’S LICENCE CONDITIONS
DEFINITIONS
“You” means “the licensed operator (or operators)” “Your” means “of the licensed operator (or operators)” “Your vehicles” means vehicles operated by you “Your drivers” means drivers who drive your vehicles “We” and “Us” means Stoke-on-Trent City Council “Base” means the address(es) where provision is made for the acceptance of bookings
GOVERNING LEGISLATION
Private hire operators, vehicles and drivers are licensed and governed under Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847, Transport Act 1980 and Disability Discrimination Act 1995 and other amending laws. This is not an exhaustive list.
These conditions are issued to you under powers conferred on us by Parliament. Action may be taken against you for breach of these laws and these conditions. Appendix R to the Licensing Policy briefly describes each offence under the above laws and the maximum penalties, which you should read.
We will give you our interpretation of these laws, but this is not guaranteed as authoritative. If you are unsure of the law and your responsibilities, you should seek your own legal advice on all matters.
WHAT YOU HAVE TO TELL US…
1) Changes to your details: You will tell us within seven days, and in writing on the prescribed forms, if your details change from those given with your application, including:
a) your trading name b) your base address or addresses c) the telephone numbers you provide for the public to make bookings d) If the licence is held by more than one person, if any licensee does not continue to hold an interest in the firm.
2) Charges: You will tell us immediately, and within seven days in writing on the prescribed forms if you are charged with an arrestable offence stating the alleged offence description, alleged offence date and any other information that we might reasonably request.
3) Convictions and Cautions: You will tell us within seven days in writing on the prescribed forms of any caution or conviction imposed on you stating the offence description, the offence date, the conviction or caution date, the convicting court, the penalty imposed and any other information that we might reasonably request.
4) Refusals, Suspensions and Revocations: If you apply for, or hold any hackney carriage or private hire operator, vehicle or driver licences with any other
council, then you must inform us in writing and within seven days if any application is refused, or licence is suspended or revoked detailing the date of decision, the name of the council and the licence number(s) of the licences suspended or revoked. You must also provide us with a copy of the decision notice issued by the other council giving the grounds for the action.
CAPPED LICENCES
Conditions 5 and 6 apply only where the number of vehicles operated is limited either by payment of a lower fee, or explicit statement
5) If your licence limits the number of vehicles you may operate, or you paid a lower application fee on that basis, implicitly accepting such a limit, then you shall not operate more than the number allowed.
6) Where you wish to operate more than your allowed number of vehicles, you must notify Licensing Services of your desire to increase the number of vehicles you wish to operate and on payment of the appropriate fee, you will be issued an amended licence.
DRIVER RECORDS
7) Before issuing any prospective driver with their first hire job, you will demand Part B of the driver’s licence (marked “Operator’s Copy”) and inspect the driver’s badge. You will retain the Part B document in a safe and secure location.
8) You will issue each driver with a unique identifier, or call sign, separate to any vehicle identifier, which you will write in the space provided on Part B of each driver’s licence.
9) You will only change the driver’s unique identifier, or call sign for a good reason and after updating Part B of each driver’s licence with the date, the reason and the new unique identifier, or call sign for the driver.
10) When asked to present records, you will present each driver licence’s Part B or any other alternative document containing the same information in any format which is durable, legible and orderly within the reasonable time period specified by the authorised officer.
11) You will keep each driver’s licence Part B, or a copy of the same, for at least 12 months from the last booking for that driver.
12) Where a driver is no longer used by you, you will keep a copy of that driver’s licence Part B and return the original to him.
VEHICLE RECORDS
13) Before using any prospective vehicle, you will demand Part B of the vehicle licence (also marked “Operator’s Copy”). You will retain the Part B document in a safe and secure location. It is also recommended that you (or your agent) inspect the vehicle to ensure the required signs are displayed.
14) Before installing a radio or communications device into any vehicle, you will issue each vehicle with a unique identifier, or call sign, separate to any driver identifier, which you will write in the space provided on Part B of each vehicle’s licence.
15) You will only change the vehicle’s unique identifier, or call sign for a good reason and after updating Part B of each vehicle’s licence with the date, the reason and the new unique identifier, or call sign for the vehicle.
16) Once you have been notified that the licence for one of your vehicle’s has been transferred to another person, you will demand Part B of the vehicle licence from the ‘new’ vehicle licensee (also marked “Operator’s Copy”) and update your records. You will retain the Part B document in a safe and secure location.
17) When asked to present records, you will present each vehicle licence’s Part B or any other alternative document containing the same information in any format which is durable, legible and orderly within the reasonable time period specified by the authorised officer.
18) You will keep each vehicle’s licence Part B, or a copy of the same, for at least 12 months from the last booking for that vehicle.
19) Where a vehicle is no longer used by you, you will keep a copy of that vehicle’s licence Part B and return the original to him.
CONFIRMING YOUR DRIVERS AND VEHICLES ARE LICENSED…
20) You will not use any driver or vehicle to fulfil any bookings for a private hire vehicle unless you are satisfied that the driver and vehicle are licensed for that purpose.
21) You will systematically check your licence records for expiring licences and demand from any driver or vehicle licensee a replacement Part B of the relevant licence to continue to be satisfied as to the driver or vehicle’s licence status.
22) You will have an effective system to make sure that you do not use any unlicensed driver or unlicensed vehicle to fulfil any booking. For operators using a computerised booking system, controls must be in place to automatically cancel a driver or vehicle account from the computer system where the licence has expired, this must not be able to be over-ridden except by updating the system with new account details.
YOUR BOOKING RECORDS
23) In addition to the records of drivers, vehicles and vehicle insurances, you will also keep a record of each booking made for a private hire vehicle, prior to that hire commencing.
24) You will record this information for each booking made for one of your vehicles:
Booking Information Required When to record a) date of booking Always b) time of booking Always c) name of person taking the booking Always d) name of hirer Always e) time of pick up Recommend f) pick up point Always
g) destination Desired h) time booking allocated to the driver Recommend i) name of person allocating the booking Always j) plate number or other Or alternatively, a Always identifier of the vehicle confirmed single k) badge number or other identifier for both vehicle Always identifier of the driver and driver. l) remarks Optional
25) You, or your office staff, will always ask for the customer’s name and destination and you will not accept a booking from a hirer who will not give their name, and you will notify the customer of this. However when the booking is made from an identifiable telephone (landline or mobile number with caller id recorded on the booking system database) then the booking may still be taken. If the call is made from a public telephone or dedicated freephone then the customers name must be obtained before the booking is taken.
26) On request you will provide the customer with an approximate fare for the journey at the time of booking
27) You, or your office staff, will always relay the customer’s name, pick-up point and time of pick-up to the driver to make sure the driver collects the right customer at the right time.
28) You, or your office staff, will always honestly advise customers of any expected delay in fulfilling their booking.
29) You will make sure that when a vehicle has been hired, that it arrives punctually at the appointed place, unless delayed by unforeseen circumstances.
30) You will keep your record of bookings for at least 12 months from the last booking for that batch of records.
FORMAT OF RECORDS
31) You will keep records in written English, or in another format that can easily be reproduced in written English without delay
32) If you keep manual records of bookings, these will be kept in a bound book, with consecutively numbered pages printed by the book manufacturer on the page.
33) If you keep manual records of bookings, records will be legible by any person. Failure to keep legible records will be seen as failure to keep any records.
COMPUTER RECORDS
If you keep computer records…
34) You will make sure that it is lawful for an Authorised Officer of the Council or a Police Constable to have access to those records in accordance with the Data Protection Acts or any subsequent legislation relating to the storage and access to computer records.
35) The computer program used shall be designed to show the time and date an entry is made and that system controls are in place to prevent alterations being made to any data that has been entered and stored on the program.
36) You will ensure that the computer clock is always set to GMT or BST whichever is applicable at the time of year. THERE SHOULD BE NO ADVANCING OF THE CLOCK
37) You will also provide a facility to print copies of any computer records and produce them when requested to do so by an Authorised officer of the Council or a Police Constable.
38) You will make sure that you or the Duty Manager is always available and sufficiently knowledgeable that you or they can interrogate the system on behalf of an authorised officer or constable on request.
YOUR BASE
39) You will make sure that your base is kept clean and is adequately lit, heated and ventilated and has adequate seating.
40) You will not allow your vehicles to park at the base in such numbers so as to cause a nuisance to your neighbours.
41) If you have a base to which the public have access, in connection with the hiring of vehicles, you will make sure that there is public liability insurance in force, which indemnifies you against any claim for loss, damage or personal injury by any person using those premises.
42) If you have a base to which the public have access, you will display at all exits from the base in a place where they can be seen and easily read by the public, a notice or notices asking your drivers and customers to leave the premises and the area quietly.
43) If you have a base to which the public have access, you will display a notice detailing the person in charge of the day to day operation of that business prominently displayed, this being the Operator or Duty Manager.
44) If you have a base to which the public have access, you will prominently display Part B of your licence in the public waiting area, along with any other statutorily required signage, such as ‘No Smoking’ signage required by the Health Act 2006.
45) If you have a base to which the public have access, you will prominently display a notice stating that ‘All complaints, compliments and comments are welcomed and should be directed in the first instance to: [Name of the Operator or Duty Manager]’. The notice should also state ‘If your complaint is not adequately dealt with, please contact the City Council’s Licensing Service on 01782 232774.
YOUR DAY TO DAY OPERATION
46) You will make sure that any person used by you to take or despatch bookings, is properly trained by you and acts in a civil and orderly manner at all times.
47) You will not use anyone to take or despatch bookings unless you are satisfied that they are a ‘fit and proper’ person. You may wish to request a Criminal
Records Bureau Disclosure or statutory declaration of criminal convictions from the person in question.
48) You will keep an up to date list of persons used by you to take or despatch bookings, and of any unique identifier used in any records to identify that person with their full name, date of birth and address.
49) You will produce the list of persons used by you to take or despatch bookings to any authorised officer or constable on request.
50) You will provide a prompt, efficient and reliable service to members of the public at all reasonable times.
51) You will make sure that a nominated named member of your staff is in charge of the operation of the business when you are not able to be in day to day control (e.g. on holiday, ill, night shift, days off, etc). This person shall be known as the ‘duty manager’
LOST PROPERTY
52) You will keep a record book of lost property detailing the nature of the property, when the driver found it, and at which Police Station it is located.
53) You will keep your record of lost property for at least 6 months from date of the last entry.
VEHICLE SIGNAGE
54) Before installing a radio or communications device into any vehicle, you will…
a) be satisfied that the vehicle is displaying the approved signs for your firm, in the manner previously approved by us; and
b) issue the proprietor with your firm’s ‘rate of fares’ card scheduling the current fees of your firm; and
c) make sure that the ‘rate of fares’ card is available in all vehicles ; and
55) Whilst a vehicle is being operated by you, you will…
a) renew the ‘rate of fares’ card as often as is necessary to reflect your current fees.
b) make sure that your vehicles always display the signage approved by us for your firm, and you will replace it as necessary to as required to maintain a professional appearance, or at the request of an authorised officer.
c) not allow any of your vehicles to display magnetic signs, unless approved by us in writing.
56) You will not continue to use a vehicle until you have repaired or replaced any damaged or missing signs.
57) To avoid public confusion, you will not display or allow the approved signage for your firm to be displayed on any unlicensed vehicle. Where an unlicensed vehicle
is displaying approved signs because it is reasonably being prepared for a pre- licensing inspection this shall not be considered a breach of this condition.
VEHICLE INSPECTIONS
58) You will carry out regular inspections (at least every 6 months) of vehicles operating under your operators licence to ensure that the vehicle appearance, signage and basic mechanical functions and features have not deteriorated since last being licensed.
59) You will keep a record of such inspections, detailing the vehicle and any defects identified and make that record available for inspection by any authorised officer or constable on request.
INCIDENTS, COMPLAINTS AND COMPLIMENTS
60) You will keep a record of incidents, complaints and compliments made about your operation, vehicles or drivers, the investigation you carried out and of any action you took as a result of these.
61) You will keep your record of incidents, complaints and compliments for at least 12 months from the date of the last entry and produce it to an authorised officer or constable on request.
62) You will also record details of any incidents, complaints and compliments in the individual driver and vehicle records kept by your company.
63) You will encourage and assist your drivers in reporting racist or homophobic behaviour and verbal and physical assaults on drivers to the Police.
CHANGES TO CONDITIONS
64) After proper consultation, we reserve the right to modify these conditions during the currency of your licence, where changes are considered necessary.
COMPLIANCE WITH OTHER LEGISLATION
65) Nothing in these conditions should be construed in any way to provide an exemption from compliance with any other legal duties.
USING YOUR BEST ENDEAVOURS
66) You will use your ‘best endeavours’ to ensure that your drivers, employees and vehicle licensees observe and perform the conditions of their licences and do not commit any offences under the Town Police Clauses Act 1847, Local Government (Miscellaneous Provisions) Act 1976, Disability Discrimination Act 1995 and General Road Traffic Laws and Construction and Use Regulations.
More Information: This condition requires you “take all those steps in your power which are capable of producing the desired results, being steps which a prudent,
determined and reasonable person acting in your own interests and desiring to achieve that result would take". (Paraphrased from IBM UK Limited v Rockware Glass Ltd (1980) FSR 335 (CA))
DO YOU THINK THESE CONDITIONS ARE UNREASONABLE?
If you are aggrieved by any of these conditions you can appeal to a Magistrates Court.
SUMMARY OF CONDITIONS
RECORDS YOU HAVE TO KEEP (AND PRODUCE FOR INSPECTION)…
Driver Records Vehicle Records Vehicle Inspection Records Bookings Records Office Staff Records Lost Property Records Incident Complaint and Compliment Records
CHECKS YOU HAVE TO MAKE…
Expiring Licences Insurance Certificates Vehicle Inspections
DOCUMENTS YOU HAVE TO DISPLAY IN A PUBLIC WAITING AREA…
Part B of your licence Complaint Notice Operations Manager Notice Customer and Driver Departure Notice
APPENDIX O
FARE TARIFF MAXIMUM FARES FOR HACKNEY CARRIAGES
TAXI FARE CARD EXCLUSIVE OF V.A.T.
STANDARD CHARGES Rate 1 Up to 1316.73 metres (1440 Yards) £3.00
For every 146.3 metres (160 Yards) over 1316.73 metres (1440 Yards) or part thereof 15p
Rate 2 (a) For hirings between 10.00 pm and 6.00 am
(b) For hirings on Sundays and Bank Holidays (at any time)
(c) At any time when five or more passengers are carried in a vehicle licensed to carry such numbers
Up to 1316.73 metres (1440 Yards) £4.00
For every 146.3 metres (160 Yards) over 1316.73 metres (1440 Yards) or part thereof 20p
EXTRA CHARGES
Waiting Times: For every 40 seconds 10p or uncompleted part thereof
Fouling Charge: Surcharge for fouling of the vehicle £35.00
No other Rates may be entered into the taximeter
APPENDIX P
LICENCE FEES - HACKNEY CARRIAGE AND PRIVATE HIRE (Correct at December 2009 – to change April 2010)
Licence etc. Fee
Hackney Carriages Hackney Carriage Licence £235.00 per application New Hackney Carriage Licence (New = Issued as result of £555.00 per application delimitation) Transfer of vehicle ownership £50.00 per transfer Vehicle Suitability and MOT Test £55.00 Replacement Vehicle Brackets (not plates) – Full Set £25.00 per set Replacement Fare Card £8.00 per card Private Hire Operator 1 year licence under 4 vehicles £320.00 2 year licence under 4 vehicles £410.00 3 year licence under 4 vehicles £455.00 1 year licence 4 vehicles and over (Electronic Booking System) £965.00 2 year licence 4 vehicles and over (Electronic Booking System) £1,195.00 3 year licence 4 vehicles and over (Electronic Booking System) £1,360.00 1 year licence 4 vehicles and over (Manual Booking System) £1,290.00 2 year licence 4 vehicles and over (Manual Booking System) £1,600.00 3 year licence 4 vehicles and over (Manual Booking System) £1,815.00 Private Hire Vehicles Private Hire Vehicle Licence £235.00 per application Transfer of vehicle ownership £50.00 per transfer Replacement Vehicle Brackets – Full Set £25.00 per set Vehicle Suitability and MOT Test £55.00 Hackney Carriage and Private Hire Vehicle Drivers Local Knowledge Test £45.00 per test taken Grant Application £165.00 per application Renewal Application 1 Year Licence £165.00 per application 2 Year Licence £190.00 per application 3 Year Licence £210.00 per application Replacement Badge £10.00 per badge
TO BE REVIEWED AND AMENDED ACCORDINGLY
APPENDIX Q
TAXI RANKS IN STOKE-ON-TRENT
No. Location No. of Spaces 1. Stafford Street Upper (Hanley) 15 2. Stafford Street Lower (Hanley) 18 3. Hill Street (Stoke) 2+ 4. Charles Street (Hanley) 2 5. Tower Square (Tunstall) 3 6. Swan Square (Burslem) 1 7. Stoke Railway Station 10 + overflow 8. South Wolfe Street (Stoke) 3 9. Wedgewood Place (Burslem) 3 10. Transport Lane (Longton) 5 11. Town Road (Hanley) 1 +overflow
TO BE REVIEWED AND AMENDED ACCORDINGLY
MAPS TO BE REVIEWED, AMENDED AND REPOSITIONED ACCORDINGLY. ADDITIONAL RANKS ALSO TO BE INCLUDED.
Stafford Street Lower rank Hanley City Centre (18 Cars
APPENDIX R
ENFORCEMENT POLICY
LICENSING SERVICES
ENFORCEMENT POLICY
ALL REFERENCES TO “DIVISION” TO BE REPLACED BY “LICENSING SERVICE” INTRODUCTION
One of the main functions of the Division is to act as a regulator and an enforcement agency for a large range of legal duties and powers applied by Acts of Parliament, and the Regulations and Orders made under them (including various bylaws).
The legislation which the Division is responsible for enforcing is extensive and cannot be listed here, but the following exemplify the range and diversity:-
Licensing Act 2003; Gambling Act 2005; Local Government (Miscellaneous Provisions) Act 1976; and Other Licensing legislation;
This policy sets out the standards and guidance that will be applied by the Division when acting in its role as regulator and enforcement agency across a range of its relevant legal powers and duties.
The policy applies to enforcement and regulation affecting members of the public, (e.g. residents and visitors) and businesses, (e.g. proprietors, employers and employees).
However, whilst the policy is intended to be reasonably comprehensive, it cannot cover every situation, especially where there are specific national or local codes or standards, which have to be met. The Division has adopted the Cabinet Office Enforcement Concordat and the principles of good enforcement, policies and procedures in seeking to secure the highest possible level of compliance with Trading Standards and Environmental Health laws whilst conforming to the spirit of the European Convention of Human Rights (as implemented by the Human Rights Act 1998), the Cabinet Office Enforcement Concordat and various statutory and voluntary Codes of Practice. The principal activities of the Division are directed towards avoidance of infringements, it is nevertheless inevitable that offences will occur and the purpose of this policy is to ensure that they are resolved in a consistent, balanced and fair manner.
OVERALL AIM
The Division’s aim is to undertake its regulatory and enforcement role in a fair, open and consistent manner. In doing this it will act in accordance with the guidance and standards set out in this policy, and in any supplementary Section policies. In particular the Division will:
Consult with parties subject to regulation and enforcement by the Council about the standards it sets in undertaking this role, except insofar as such policies have been determined by national consultative processes
Work with individuals and businesses to assist them in complying with their legal duties and obligations;
Ensure its staff are appropriately trained and apply the policy and standards professionally and consistently;
Make information about the policy and the local standards widely available to the public and businesses within the Borough;
Monitor compliance with the policy and review it from time to time in consultation with parties subject to its application.
GUIDING PRINCIPLES
In undertaking its regulatory and enforcement role the Division will have regard to the following Guiding Principles:
Any decision regarding enforcement action will be impartial and objective, and will not be affected by race, politics, gender, sexual orientation or religious beliefs of any alleged offender, victim or witness;
The Division believes the vast majority of individuals and businesses wish to comply with the legal requirements placed upon them and should be assisted in doing so;
Education is an intrinsic part of law enforcement and in order to contribute to corporate objectives the Division will provide information leaflets, advice, talks and seminars to all interested businesses.
In dealing with any enforcement situation, the actions will be proportionate to the scale, seriousness and intentionality of any non-compliance;
There will be consistency of enforcement whilst recognising individual circumstances which may modify the appropriate action to be taken in each case;
Except in the most serious cases or where advice/warnings have not been heeded, or where there is a matter of serious immediate public health, adequate opportunity will be given to rectify non-compliance before formal legal action is commenced;
Enforcement is seen as a final means of securing compliance with the appropriate standards, and not as an end in itself;
Prosecution will normally only be considered where it is in the public interest to do so and in serious or blatant cases, or where other approaches have failed;
Regard shall be had to the relevant legislation and codes of practice which protect the rights of the individual and guide enforcement action, (e.g. Human Rights Act 1998, Code for Crown Prosecutors);
Regard shall be had to the Council’s Equal Opportunities and the Division’s Customer Care Policies.
STANDARDS
The Division will always endeavour to meet the highest standards of service in undertaking its regulatory and enforcement function. The following specific level of service standards will be applied:
Matters relating to enforcement and regulation will be dealt with promptly with enquiries and complaints receiving a response or acknowledgement within ten working days;
Except in the case of necessary and approved covert investigations, (e.g. the making of test purchases) officers will announce themselves on arrival at premises and only show credentials/identification when requested unless they are already well known to the person;
Officers will provide their name and a contact telephone number to those persons or businesses with whom they are in contact concerning a regulatory or enforcement matter;
Complaints relating to enforcement or regulatory matters will request that the name and address of the complainant is given. Any such identification will be treated in confidence, but may need to be disclosed (with prior consent) should formal legal proceedings be taken against the person or business to which the complaint relates. Anonymous complaints will be investigated but the authority reserves the right not to so investigate if there are any reasons to suspect the complaint to be malicious or where we would have to gather evidence from the complainants premises e.g. noise nuisances.
Officers will be professional, courteous and helpful in their conduct of regulatory or enforcement matters, and wherever possible will seek to work with individuals and businesses towards compliance;
Officers will endeavour to provide advice in a clear and simple manner and where any corrective or remedial work is necessary, an explanation will be given as to why it is necessary, and over what time scale it is required. Where non-compliance may result in further enforcement action the matter will normally be confirmed in writing and any legal requirements will be identified separately from best practice advice. Where non- compliance results in prosecution the matter will be confirmed in writing when the prosecution file has been considered within the statutory time limits.
On rare occasions there may be a perceived potential for conflict of interest where the Council have ownership or management interests in premises. Clear internal boundaries exist between enforcement officers of the Council so that they are not explicitly or implicitly expected to act in a fashion that might cause a conflict of interest. Inspectors will ensure that they retain their independence of decision and objectivity. They will deal with the premises in exactly the same way as any other undertaking. – REMOVE THIS AS IT REFERS TO PREMISES
Officers will generally seek an informal resolution to cases of non-compliance except where immediate formal enforcement action is required, (e.g. serious issues relating to Health and Safety, Environmental Protection, evidence gathering etc);
Where there are rights of appeal against formal action, advice on the appeal mechanism will be clearly set out in writing at the time the action is taken, (e.g. when the enforcement notice is served);
Where there is known to be an involvement of any other enforcement agency, or any case involves joint enforcement arrangements, the Council will consult with that other agency prior to taking any formal enforcement action.
Where any charges or fees, other than by way of annual review, are to be levied for a service, individuals and businesses will be informed of the cost or rate of charge prior to the service being provided;
Any dissatisfaction with the actions of an officer of the Council will be dealt with under the Council Complaints Procedure, copies of which are available from offices of the Council, by accessing the Council’s Web site (www.stoke.gov.uk) or by telephoning the Division 01782 232774.
CONSISTENT ENFORCEMENT ACTIONS
Consistent enforcement action is desirable, but absolute uniformity would be unfair by failing to recognize individual circumstances which may modify action to be taken. Consistency of approach whilst allowing a degree of discretion will be encouraged by:
Appropriate training and supervision of enforcement officers;
Ensuring there is compliance with the standards set out in this policy by all enforcement officers of the Division;
Recognition of defences that would be available at law and exercising appropriate discretion where formal action is unwarranted;
Recognition that we should not normally take formal enforcement action or prosecution in the case of minor infringements;
Recognition that in some situations, (e.g. pursuing legal action when a statutory nuisance, such as excessive noise is identified and confirmed, or a fixed penalty fine notice is issued as in the case of a driver smoking in a licensed vehicle), we have no legal discretion but to serve a formal legal notice, take formal legal action, or pursue the collection of a fine.
ASSESSING APPROPRIATE ACTION IN CASES OF INFRINGEMENT
Internal guidance provides consistent starting points for action to be taken in particular circumstances. Final action taken will depend on any modifying or mitigating factors present, and account will be taken of any national or local guidance available.
Formal action will normally be instigated where one or more of the following apply:
It is prescribed by law as obligatory;
Informal approaches have failed;
The matter is of such seriousness or urgency that informal action is inappropriate;
Enforcement is necessary to remedy an unsatisfactory condition relating to health, safety, amenity or the environment;
There is a need to ensure a decision or policy of the Council is enforced;
Prosecution will normally only be considered where one or more of the following Public Interest criteria are satisfied:
. There is a significant risk to health or safety of persons, or to amenity or the environment;
. The offence involves the threat of violence against any person, or obstruction of an Officer of the Council;
. False information either in written or verbal form is deliberately provided to the Council or to an investigating officer;
. Fraudulent or reckless practice or the threat of significant economic disadvantage to consumers or businesses is involved;
. The offender has relevant previous convictions, or formal cautions;
. The offender has repeatedly ignored advice;
. There is a widespread disregard of the law and appropriate notice has been given to the public or the business community that legal proceedings will be considered for future breaches, (e.g. smoking in licensed vehicle);
. The offender has failed to comply with a formal enforcement notice within the compliance period;
. The offender, by action or inaction, risks causing suffering to animals or has increased the risk of the spread of animal disease;
. Some other significant public purpose would be served;
There will be occasions when a decision will be made to adopt a stricter approach to enforcement in order to expedite compliance on the grounds of public interest. In those circumstances prosecution may be the first and final course of action. Those occupiers or businesses involved will be fully informed.
Mitigating factors could include the examples below, but these should always be balanced against the seriousness of the offence and the likelihood of it being repeated:
The problem was revealed by an approach for advice from the person or business;
Compliance with previous advice by the Council or guidance from government departments (we can get things wrong!);
Co-operative attitude to prevent recurrence;
Legitimate conflict of interpretation (not just disagreement) where it may be more appropriate to seek adjudication through another body, (e.g. Local Authority Co- ordinators of Regulatory Services (LACORS) or DEFRA);
Previous good history or absence of complaints;
Low general awareness of legislation when prosecution would "single-out" an individual or trader unfairly;
Reluctance of witnesses to testify;
A conviction is likely to result in a very small or nominal penalty;
The offence resulted from a genuine mistake and the offender is prepared to rectify the problem;
The loss or harm caused was minor;
There has been undue delay in bringing the matter to court (unless the delay was the fault of the offender);
A prosecution is likely to have a significantly detrimental effect on the victim's physical or mental health;
The views of the Council’s legal advisor, or relevant expert witnesses.
MONITORING
Producing policies is all very well, but they are not likely to be effective unless they are continually and consistently applied. To ensure this happens and to provide feedback on the effectiveness of its application, it is intended that various monitoring regimes are undertaken and fed back to businesses and the public on an annual basis. The following monitoring and feedback mechanisms will therefore be undertaken:
Opportunities for businesses and members of the public to fill in and return questionnaires contained in copies of the full policy and advice leaflet;
Sample surveys undertaken on the perception of service users of particular aspects of the policy, following contact with one of the Council’s enforcement services;
Production and making public the results of monitoring, together with any improvements or changes to the policy or its implementation.
ENFORCEMENT ACTIONS AVAILABLE
We take a wide view of this term, which includes provision of advice and guidance. Examples of the actions we can take are:-
ACTION AVAILABLE EXPLANATION
Advice Advice on how to comply with the law, typically following a request for advice, a programmed inspection or complaint.
Warning letter Warning that recurrence or continuation of an infringement will result in legal action.
Referral to the Licensing and Where a licensee has been issued with 3 warning letters or Registration Panel warning notices, within a 2 year period, for breaches of Licensing Conditions then the Licensee will be referred to the Licensing and Registration Panel to consider the continued suitability of Licensee to hold the Licence.
Similarly Licensing Services will refer any Hackney Carriage and Private Hire Driver to the Licensing and Registration Panel to consider the continued suitability of the Driver to hold the Licence where the driver has accumulated 9 or more penalty points on his DVLA Driving Licence during the relevant 3 year period.
2nd Referral to the Licensing and Should a Licensee receive a further warning letter or Registration Panel warning notice, within the 2 year period of having previously appeared before the Licensing and Registration Panel for having been issued with 3 or more warning letters or warning notices then the Licensee will be immediately referred back to the Licensing and Registration Panel to consider again the continued suitability of Licensee to hold the Licence.
Enforcement notice A wide range of legal powers to require persons to perform some act or desist from a course of conduct. In some extreme cases we have the power to close businesses or execute work in default. There are often appeals procedures or a requirement to have emergency action confirmed by a Magistrates’ Court. (We provide details of those appeals procedures at the same time as the notice.) Failure to comply with the notice will often result in prosecution.
Formal Caution (often called A special form of recordable warning which can only be ‘Home Office Cautions’) given if:- An offence has been committed. The person liable admits the offence. A prosecution could be taken. There are mitigating factors suggesting a Formal Caution is the more appropriate course of action. Prosecution Prosecution in Magistrates or Crown Court. There are very strict controls to ensure this only happens in serious cases or when other approaches have failed. Depending on the circumstances, we do not always warn or issue a statutory notice before taking prosecutions.
OFFENCES & PENALTIES - HACKNEY CARRIAGES AND PRIVATE HIRE
Introduction
This document should not be relied upon as an accurate statement of the law, only indicative of the general offences and penalties. You should seek independent legal advice if you are unsure of any information in this document.
Two statutes principally create offences relating to Hackney Carriages and Private Hire Vehicles: i) Town Police Clauses Act 1847. ii) Local Government (Miscellaneous Provisions) Act 1976.
The offences are described below under the relevant statute.
In relation to the maximum penalties specified, the levels of fine are currently as follows:
Level 1 - £200; Level 2 - £500; Level 3 - £1,000; Level 4 - £2,500. a) Town Police Clauses Act 1847
HACKNEYS Section Offence Maximum Penalty 40 Giving false information on application for HC licence. Level 1 44 Failure to notify change of address of HC proprietor. Level 1 45 Plying for hire without HC proprietor’s licence. Level 4 47 Driving a HC without HC driver’s licence. Level 3 47 Lending or parting with HC driver’s licence. Level 3 47 HC proprietor employing unlicensed driver. Level 3 48 Failure by HC proprietor to hold HC driver’s licence. Level 1 48 Failure by HC proprietor to produce HC driver’s licence. Level 1 52 Failure to display HC plate. Level 1 53 Refusal to take a fare (without reasonable excuse) Level 2 54 Charging more than the agreed fare. Level 1 55 Obtaining more than the legal fare. Level 3 and 1 month’s imprisonment 56 Travelling less than the lawful distance for an agreed fare. Level 1 57 Failing to wait after a deposit to wait has been paid. Level 1 58 Charging more than the legal fare. Level 3 59 Carrying other person than the hirer without consent. Level 1 60 Driving HC without proprietor’s consent. Level 1 60 Allowing another to drive HC without proprietor’s consent. Level 1 61 Drunken driving of HC (superseded by Road Traffic legislation) Level 1 61 Wanton or furious driving leading to injury or danger. Level 1 62 Driver leaving HC unattended. Level 1 64 HC driver obstructing other HC’s. Level 1
b) Local Government (Miscellaneous Provision) Act 1976
Section Offence Maximum Penalty 49 Failure to notify the transfer of a HC proprietor’s licence. Level 3 (by virtue of s76) 50(1) Failure to present a HC for inspection, as required. Level 3 (by virtue of s76) 50(2) Failure to inform the Authority where the HC is stored, if requested. Level 3 (by virtue of s76) 50(3) Failure to report an accident to the Authority. Level 3 (by virtue of s76) 50(4) Failure to produce the HC proprietor’s licence and insurance certificate. Level 3 (by virtue of s76) 53(3) Failure to produce the HC driver’s licence. Level 3 (by virtue of s76) 57 Making a false statement or withholding information to obtain a HC Level 3 (by driver’s licence. virtue of s76) 58(2) Failure to return a plate after notice given following expiry, revocation Level 3 + fine or suspension of a HC proprietor’s licence. of £10/day 61(2) Failure to surrender a driver’s licence after suspension, revocation or Level 3 (by refusal to renew. virtue of s76) 64 Permitting any vehicle other than a HC to wait on a HC stand. Level 3 (by virtue of s76) 66 Charging more than the meter fare for a journey ending outside the Level 3 (by district, without prior agreement. virtue of s76) 67 Charging more than the meter fare when HC used as private hire Level 3 (by vehicle. virtue of s76) 69 Unnecessarily prolonging a journey. Level 3 (by virtue of s76) 71 Interfering with a taximeter. Level 3 (by virtue of s76) 73(1)(a) Obstruction of an authorised Officer or Constable. Level 3 (by virtue of s76) 73(1)(b) Failure to comply with a requirement of an authorised Officer or Level 3 (by Constable. virtue of s76) 73(1)(c) Failure to give information or assistance to an authorised Officer or Level 3 (by Constable. virtue of s76) 46(1)(a) Using an unlicensed PH vehicle. Level 3 (by virtue of s76) 46(1)(b) Driving a PH vehicle without a PH driver’s licence. Level 3 (by virtue of s76) 46(1)(c) Proprietor of a PH vehicle using an unlicensed driver. Level 3 (by virtue of s76) 46(1)(d) Operating a PH vehicle without a PH operator’s licence. Level 3 (by virtue of s76) 46(1)(e) Operating a vehicle as a PH vehicle when the vehicle is not licensed as Level 3 (by a PH vehicle. virtue of s76) 46(1)(e) Operating a PH vehicle when the driver is not licensed as a PH driver. Level 3 (by virtue of s76) 48(6) Failure to display a PH vehicle plate. Level 3 (by virtue of s76) 49 Failure to notify transfer of a PH vehicle licence. Level 3 PRIVATE HIRE
Section Offence Maximum Penalty
50(1) Failure to present PH vehicle for an inspection, as required. Level 3 (by virtue of s76) 50(2) Failure to inform the Authority where the PH vehicle is stored, if Level 3 (by
requested. virtue of s76) 50(3) Failure to report an accident to the Authority. Level 3 (by virtue of s76) 50(4) Failure to produce a PH vehicle licence and an insurance certificate. Level 3 (by virtue of s76) 53(3) Failure to produce a PH driver’s licence. Level 3 (by virtue of s76) 54(2) Failure to wear a PH driver’s badge. Level 3 (by virtue of s76) 56(2) Failure by a PH operator to keep records of bookings. Level 3 (by virtue of s76) 56(3) Failure by a PH operator to keep records of PH vehicles operated by Level 3 (by him. virtue of s76) 56(4) Failure to produce a PH operator’s licence on request. Level 3 (by virtue of s76) 57 Making false statement or withholding information to obtain a PH driver Level 3 (by or operator’s licence. virtue of s76) 58(2) Failure to return plate after notice given following expiry, revocation or Level 3 + fine suspension of a PH vehicle licence. of £10/day 61(2) Failure to surrender a driver’s licence after suspension, revocation or Level 3 (by refusal to renew. virtue of s76) 67 Charging more than the meter fare when a HC used as PH vehicle. Level 3 (by virtue of s76) 69 Unnecessarily prolonging a journey. Level 3 (by virtue of s76) 71 Interfering with a taximeter. Level 3 (by virtue of s76) 73(1)(a) Obstruction of an authorised Officer or Constable. Level 3 (by virtue of s76) 73(1)(b) Failure to comply with a requirement of an authorised Officer or Level 3 (by Constable. virtue of s76) 73(1)(c) Failure to give information or assistance to an authorised Officer or Level 3 (by Constable. virtue of s76) c) Transport Act 1980
Section Offence Maximum Penalty 64(2)(a) Driving a PH vehicle with a roof sign, which contravenes s64 (1). Level 3 64(2)(b) Causing or permitting a PH vehicle to be driven with a roof sign, which Level 3 contravenes s64 (1).
GUIDELINES RELATING TO THE RELEVANCE OF CONVICTIONS
GENERAL POLICY
1. Each case will be decided on its own merits and you may be required to attend a meeting of the Licensing and Registration Panel to provide details of convictions disclosed.
2. A person with a current conviction for serious crime need not be permanently barred from obtaining a licence but should be expected to remain free of conviction for three to five years, according to the circumstances, before an application is entertained. Some discretion may be appropriate if the offence is isolated and there are mitigating circumstances. However, the overriding consideration should be the protection of the public.
3. The following examples afford a general guide on the action to be taken when convictions are admitted.
(a) MINOR TRAFFIC OFFENCES
Convictions for minor traffic offences e.g. obstruction, waiting in a restricted street, speeding, etc., should not prevent a person from proceeding with an application. If sufficient points have been accrued to require a period of disqualification of the applicant’s driving licence then a hackney carriage or private hire vehicle licence may be granted after its restoration but a warning should be issued as to future conduct.
(b) MAJOR TRAFFIC OFFENCES
An isolated conviction for reckless driving or driving without due care and attention etc. should normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire vehicle drivers. More than one conviction for this type of offence within the last two years should merit refusal and no further application should be considered until a period of one to three years free from convictions has elapsed.
(c) DRUNKENNESS
(i) With Motor Vehicle
A serious view should be taken of convictions of driving or being in charge of a vehicle whilst under the influence of drink. An isolated incident should not necessarily debar an applicant but strict warnings should be given as to future behaviour. More than one conviction for these offences should raise grave doubts as to the applicant’s fitness to hold a licence. At least three years should elapse (after the restoration of the driving licence) before an applicant is considered for a licence. If
there is any suggestion that the applicant is an alcoholic, a special medical examination should be arranged before the application is entertained. If the applicant is found to be an alcoholic, a period of five years should elapse after treatment is complete before a further licence application is considered.
(ii) Not in a Motor Vehicle
An isolated conviction for drunkenness need not debar an applicant from gaining a licence. However, a number of convictions for drunkenness could indicate a medical problem necessitating critical examination [see (i) above]. In some cases, a warning may be sufficient.
(d) DRUGS
An applicant with a conviction for a drug-related offence should be required to show a period of at least three years free of convictions before an application is entertained, or five years after detoxification treatment if he/she was an addict.
(e) INDECENCY OFFENCES
As hackney carriage and private hire vehicles drivers often carry unaccompanied passengers, applicants with convictions for indecent exposure, indecent assault, importuning, or any of the more serious sexual offences, should be refused until they can show a substantial period (at least three to five years) free of such offences. More than one conviction of this kind should preclude consideration for at least five years. In either case, if a licence is granted a strict warning as to future conduct should be issued.
(f) VIOLENCE
As hackney carriage and private hire vehicles drivers maintain close contact with the public, a firm line should be taken with applicants who have convictions for grievous bodily harm, wounding or assault. At least three years free of such convictions should be shown before an application is entertained and even then a strict warning should be administered.
(g) DISHONESTY
Hackney carriage and private hire vehicles drivers are expected to be persons of trust. The widespread practice of delivering unaccompanied property is indicative of the trust that business people place in drivers. Moreover, it is comparatively easy for a dishonest driver to defraud the public by demanding more than the legal fare, etc. Overseas visitors can be confused by the change in currency and become “fair game” for an unscrupulous driver. For these reasons, a serious view should be taken of any conviction involving dishonesty. In general, a period of three to five years free of conviction should be required before entertaining an application.
Taxi and PHV Licensing Criminal Convictions’ Policy Local councils in England and Wales (outside London)
September 2010
The following Criminal Convictions Policy has been developed through consultation with local councils, drawing elements from existing polices with the view to creating a standard document for reference. Comments have also been received from the Department for Transport, NALEO, IoL and TfL. The policy is guidance only and local councils may wish to depart from any suggested conditions based on the specific details of each applicant. We will keep the document under review and welcome further suggestions to ensure it is relevant to councils’ needs.
Note to licensing practitioners:
Unless indicated the timescales suggested within this template are intended as guidelines only for licensing authorities and are not statutory.
Taxi and PHV Licensing Criminal Convictions’ Policy Local councils in England and Wales (outside London)
1. Introduction
1.1 The purpose of this policy is to provide guidance on the criteria taken into account by the council when determining whether or not an applicant or an existing licence holder is a fit and proper person to hold a hackney carriage and/or private hire driver or operator licence.
1.2 The overriding aim of the licensing authority is to protect the safety of the public. The licensing authority is concerned to ensure: That a person is a fit and proper person That the person does not pose a threat to the public That the public are safeguarded from dishonest person The safeguarding of children and young persons
1.3 This policy provides guidance to any person with an interest in taxi and private hire licensing. In particular, but not exclusively: Applicants for drivers’ licences Existing licensed drivers whose licences are being reviewed Licensing officers Members of the licensing committee/ panel (or other relevant decision making body) Magistrates hearing appeals against local authority decisions
1.4 Where licensing officers have delegated powers to grant licences, they will utilise these guidelines when making a decision to grant a licence. In all other cases applications for licences will be referred to the licensing committee/panel (or other relevant decision-making body). Whilst officers and the committee/panel will have regard to the guidelines contained in the policy, each case will be considered on its individual merits and, where the circumstances demand, the committee/officer may depart from the guidelines.
2. General policy
2.1 There may be occasions where it is appropriate to depart from the guidelines, for example where the offence is a one-off occasion or there are mitigating circumstances or alternatively where there are many or continuous offences which may show a pattern of offending and unfitness.
2.2 A person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but would normally be expected to: a. Remain free of conviction for an appropriate period; and b. Show adequate evidence that her or she is a fit and proper person to hold a licence (the onus is on the applicant to produce such evidence). Simply remaining free of conviction may not generally be regarded as adequate evidence that a person is a fit and proper person to hold a licence.
2.3 Where an applicant has been convicted of a criminal offence, the licensing authority cannot review the merits of the conviction [Nottingham City Council v. Mohammed Farooq (1998)].
3. Appeals
3.1 Any applicant refused a driver’s licence on the grounds that the licensing authority is not satisfied he is a fit and proper person to hold such a licence has a right to appeal to the Magistrates’ Court within 21 days of the notice of refusal [Local Government Miscellaneous Provisions Act 1976, s 77 (1)].
4. Powers
4.1 Section 61 and Section 62 of the Local Government Miscellaneous Provisions Act 1976 allow the licensing authority to suspend, revoke or refuse to renew a licence if the application/licence holder has been convicted of an offence involving dishonesty, indecency, violence; failure to comply with the provisions of the Town Police Clauses Act 1847; failure to comply with the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976; or any other reasonable cause.
4.2 The Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) Order 2002, allows the licensing authority to take into account all convictions recorded against an applicant or the holder of a private hire vehicle or hackney carriage driver’s licence, whether spent or not. Therefore the licensing authority will have regard to all relevant convictions, particularly where there is a long history of offending or a recent pattern of repeat offending.
4.3 In this policy the term “disqualification” refers to the period served, in order to take account of the fact that a court may reduce the period of disqualification from driving. An applicant must provide evidence in advance to prove that the court agreed a reduction in the period of disqualification.
5. Consideration of disclosed criminal history
5.1 Under the provisions of Sections 51, 55, and 59, Local Government (Miscellaneous Provisions) Act 1976, the licensing authority is required to ensure that an applicant for the grant or renewal of a hackney carriage and/or a private hire vehicle drivers’ licence and/or private hire vehicle operators licence is a ‘fit and proper’ person to hold such a licence. However, if an applicant has any convictions, warnings, cautions or charges awaiting trail, the licensing authority will look into: How relevant the offence(s) are to the licence being applied for How serious the offence(s) were When the offence(s) were committed The date of conviction Circumstances of the individual concerned Sentence imposed by the court The applicant’s age at the time of conviction Whether they form part of a pattern of offending Any other character check considered reasonable (e.g. personal references) Any other factors that might be relevant
5.2 Existing holders of drivers’ licences are required to notify the licensing authority in writing within twenty-eight days of receiving a driving licence endorsement, fixed penalty notice or criminal conviction (including cautions).
5.3 Applicants can discuss further what effect a caution/conviction may have on any application by contacting the licensing officer [insert details here] in confidence for advice.
5.4 The licensing authority conducts [standard or enhanced] disclosures from the Criminal Records Bureau (CRB) of any applicant for a driver licence. The licensing authority follows the CRB’s Code of Practice on the fair use of disclosure information. A copy is available on request.
5.5 Applicants applying for the grant or a renewal of a drivers’ licence will be required to obtain an enhanced disclosure at their expense. The licensing authority abides by the CRB’s Policy on the secure storage, handling, use, retention and disposal of disclosure information, which is available on request.
5.6 More information about the CRB can be found on their website at www.disclosure.gov.uk.
5.7 The licensing authority is also entitled to use other records and information that may be available to it in determining applications or an entitlement to continue holding a licence. This may include information held by the licensing authority or other licensing authorities, and information disclosed by the police under the Home Office scheme for reporting offences committed by notifiable occupations.
5.8 It is an offence for any person knowingly or recklessly to make a false declaration or to omit any material particular in giving information required by the application for a licence. Where an applicant has made a false statement or a false declaration on their application for the grant or renewal of a licence, the licence will normally be refused.
6 Serious offences involving violence
6.1 Licensed drivers have close regular contact with the public. A firm line is to be taken with those who have convictions for offences involving violence. An application will normally be refused if the applicant has a conviction for an offence that involved the loss of life.
6.2 In other cases anyone of a violent disposition will normally be refused to be licensed until at least 3 years free of such conviction. However, given the range of the offences that involve violence, consideration must be given to the nature of the conviction.
6.3 Unless there are exceptional circumstances a licence will not normally be granted where the applicant has a conviction for an offence such as: Murder Manslaughter Manslaughter or culpable homicide while driving Terrorism offences Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
6.4 A licence will not normally be granted where the applicant has a conviction for an offence of similar offence(s) which replace the offences below and the conviction is less than 10 years prior to the date of application: Arson Malicious wounding or grievous bodily harm which is racially aggravated Actual bodily harm which is racially aggravated Grievous bodily harm with intent Robbery Possession of firearm Riot Assault Police Common assault with racially aggravated Violent disorder Resisting arrest Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
6.5 A licence will not normally be granted where the applicant has a conviction for an offence or similar offence(s) which replace the offences below and the conviction is less than 5 years prior to the date of application: Racially-aggravated criminal damage Racially-aggravated offence Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
6.6 A licence will not normally be granted where the applicant has a conviction for an offence or similar offence(s) which replace the offences below and the conviction is less than 3 years prior to the date of application: Common assault Assault occasioning actual bodily harm Affray S5 Public Order Act 1986 offence (harassment, alarm or distress) S.4 Public Order Act 1986 offence (fear of provocation of violence) S4A Public Order Act 1986 offence (intentional harassment, alarm or distress) Obstruction Criminal damage Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
6.7 A licence will not normally be granted if an applicant has more than one conviction in the last 10 years for an offence of a violent nature.
6.8 In the event of a licence being granted, a strict warning both verbally and in writing should be administered.
7. Possession of a weapon
7.1 If an applicant has been convicted of possession of a weapon or any other weapon related offence, this will give serious concern as to whether the person is fit to carry the public.
7.2 Depending on the circumstances of the offence, an applicant should be free of conviction for 3 years (or at least 3 years must have passed since the completion of the sentence, whichever is longer), before a licence is granted.
8. Sex and indecency offences
8.1 As licensed drivers often carry unaccompanied and vulnerable passengers, applicants with convictions for sexual offences must be closely scrutinised. Those with convictions for the more serious sexual offences will generally be refused. For other offences, applicants will be expected to show a substantial period (normally at least 5 years) free of conviction for such offences before a licence will be granted.
8.2 (a) Unless there are exceptional circumstances, an application will normally be refused where the applicant has a conviction for an offence such as: Rape Assault by penetration Offences involving children or vulnerable adults Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
8.3 (b) Before an application is allowed, an applicant should be free of conviction for at least 10 years (or at least 3 years must have passed since the completion of the sentence, whichever is longer), if he/she has a conviction for an offence such as: Sexual assault Indecent assault Possession of indecent photographs, child pornography etc. Exploitation of prostitution Trafficking for sexual exploitation Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
8.4 (c) Before a licence is granted, an applicant should be free of conviction for at least 3 years (or at least 3 years must have passed since the completion of the sentence, whichever is longer), if he/she has a conviction for an offence such as: Indecent exposure Soliciting (kerb crawling) Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
8.5 In addition to the above the licensing authority will not normally grant a licence to any applicant who is currently on the Sex Offenders Register.
8.6 A licence will not normally be granted if an applicant has more than one conviction for a sex or indecency offence.
9. Dishonesty
9.1 A licensed PHV or taxi driver is expected to be a trustworthy person. They deal with cash transactions and valuable property may be left in their vehicles. Taxi drivers are required to deposit such property with police within 24 hours. PHV drivers must pass lost property to the operator. The widespread practice of delivering unaccompanied property is indicative of the trust that business people place in licensed drivers. Moreover, it is comparatively easy for a dishonest driver to defraud the public by demanding more than the legal or agreed fare, etc. Overseas visitors can be confused by our currency and may be vulnerable to an unscrupulous driver. For all these reasons, a serious view is taken of any conviction involving dishonesty.
9.2 In general, a minimum period of 3 years free of conviction or at least 3 years from completion of sentence (whichever is longer) should be required before granting a licence. Offences involving dishonesty include: theft burglary fraud
benefit fraud handling or receiving stolen goods forgery conspiracy to defraud obtaining money or property by deception other deception taking a vehicle without consent Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
10. Drugs
10.1 A serious view is taken of any drug related offence. The nature and quantity of the drugs, whether for personal use or supply are issues which should be considered.
10.2 A licence will not normally be granted where the applicant has a conviction for an offence related to the supply of drugs and has not been free of conviction for 5 years.
10.3 A licence will not normally be granted where the applicant has more than one conviction for offences related to the possession of drugs and has not been free of conviction for 5 years.
10.4 An application from an applicant who has an isolated conviction for an offence related to the possession of drugs within the last 3-5 years may be granted a licence, but consideration should be given to the nature and quantity of the drugs.
10.5 If there is evidence of persistent drugs use, misuse or dependency a specialist medical examination (in accordance with DVLA Group 2 medical standards) may be required before the licence is granted. If the applicant was an addict then they would normally be required to show evidence of 5 years free from drug taking after detoxification treatment.
11 Driving offences involving the loss of life
11.1 A very serious view is to be taken of any applicant who has been convicted of a driving offence that resulted in the loss of life.
A licence will not normally be granted unless the applicant is free of conviction for 7 years or (or at least 3 years must have passed since the completion of the sentence, whichever is longer) if he has a conviction for:
Causing death by dangerous driving Causing death by careless driving whilst under the influence of drink or drugs Or any similar offences (including attempted or conspiracy to commit) offences which replace the above
11.2 Before a licence is granted, an applicant should be free of conviction for 3 years (or at least 3 years must have passed since the completion of the sentence, whichever is longer), if he has a conviction for: Causing death by careless driving Causing death by driving: unlicensed, disqualified or uninsured drivers
12 Drink driving/driving under the influence of drugs
12.1 As licensees are professional vocational drivers, a serious view is taken of convictions for driving, or being in charge of a vehicle while under the influence of drink or drugs. An isolated incident would not necessarily debar an applicant from proceeding on the restoration of his DVLA driving licence but he should be warned as to the significant risk to his licence status in the event of re-offending. More than one conviction for these offences raises significant doubts as to the applicant's fitness to drive the public. At least 3 years, after the restoration of the driving licence following a drink drive conviction should elapse before an application will be considered. If there is any suggestion that the applicant is alcohol or drug dependent, a satisfactory special medical report must be provided before the application can be allowed to proceed.
13 Outstanding charges or summonses
13.1 If the individual is the subject of an outstanding charge or summons their application can continue to be processed, but the application will need to be reviewed at the conclusion of proceedings. Where information is received through the Notifiable Occupations Scheme on existing licence holders, consideration will be made at committee.
13.2 If the outstanding charge or summons involves a serious offence and the individual’s conviction history indicates a possible pattern of unlawful behaviour or character trait, then in the interests of public safety the application may be put on hold until proceedings are concluded or the licence may be refused.
13.3 A suspension or revocation of the licence of a driver takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver. If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver includes a statement that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver. [Road Safety Act 2006, s 52, 2A&2B]
14 Non-conviction information
14.1 If an applicant has, on more than one occasion, been arrested or charged, but not convicted, for a serious offence which suggests he could be a danger to the public, consideration should be given to refusing the application. Such offences would include serious violent offences and serious sex offences.
14.2 In assessing the action to take, the safety of the travelling public must be the paramount concern.
15 Cautions
15.1 Admission of guilt is required before a caution can be issued. Every case will be considered on its own merits including the details and nature of the offence.
16 Licensing offences
16.1 Certain offences under taxi legislation such as plying for hire, overcharging and refusing to carry disabled persons would normally prevent a licence being granted or renewed until a period of 3 years has passed since .
17 Insurance offences
17.1 A serious view will be taken of convictions of driving or being in charge of a vehicle without insurance. An isolated incident in the past will not necessarily stop a licence being granted provided he/she has been free of conviction for 3 years, however strict warning should be given as to future behaviour. More than one conviction for these offences would normally prevent a licence being granted or renewed.
17.2 At least three years should elapse (after the restoration of the DVLA driving licence), before a licence would normally be granted for a hackney carriage or private hire drivers licence. An operator found guilty of aiding and abetting the driving passengers for hire and reward whilst without insurance will have his operators’ licence revoked immediately and prevented from holding a licence for three years.
18 Overseas residents
18.1 If a private hire operator applicant has spent six continuous months or more overseas the licensing authority will expect to see evidence of a criminal record check from the country/countries covering the period.
19 Licences issued by other licensing authorities
19.1 Applicants who hold a licence with one licensing authority should not automatically assume that their application will be granted by another. Each case will be decided on its own merits.
20 Summary
20.1 To summarise, a criminal history in itself may not automatically result in refusal and a current conviction for a serious crime need not bar an applicant permanently from becoming licensed. As the preceding paragraphs indicate, in most cases, an applicant would be expected to remain free from conviction for 3 to 10 years, according to circumstances, before an application can be considered. However, there may be occasions when an application can be allowed before 3 years free from conviction have elapsed.
20.2 Any person who has committed an offence and has to wait before an application is positively considered is more likely to value their licence and act accordingly.
20.3 While it is possible that an applicant may have a number of convictions that, individually, meet the above guidelines, the overall offending history must be considered when assessing an applicant’s suitability to be licensed. A series of offences over a period of time is more likely to give cause for concern than an isolated minor conviction. Obviously some discretion can be afforded if an offence disclosed is isolated and there are mitigating circumstances, but the overriding consideration is the protection of the public.
Annex A – Motoring offences and penalty points
The following is a guide to the number of penalty points a court may impose, it does not reflect the fact that some offences may incur a disqualification. These codes are recorded from information supplied by the courts (accurate at the time of this document).
Code Offence Penalty Points Accident Offences AC10 Failing to stop after an accident 5-10 AC20 Failing to give particulars or to report an accident within 5-10 24 hours AC30 Undefined accident offences 4-9 Disqualified Driver BA10 Driving whilst disqualified by order of court 6 BA30 Attempting to driver while disqualified by order of court 6 Careless Driving CD10 Driving without due care and attention 3-9 CD20 Driving without reasonable consideration for other road 3-9 users CD30 Driving without due care and attention or without 3-9 reasonable consideration for other road users CD40 Causing death through careless driving when unfit 3-11 through drink CD50 Causing death by careless driving when unfit through 3-11 drugs CD60 Causing death by careless driving with alcohol level 3-11 above the limit CD70 Causing death by careless driving then failing to supply 3-11 a specimen for analysis CD71 Causing death by careless driving then failing to supply 3-11 A specimen for drug analysis CD80 Causing death by careless, or inconsiderate, driving 3-11 CD90 Causing death by driving: unlicensed, disqualified or 3-11 Uninsured drivers Construction & Use Of Offences CU10 Using a vehicle with defective brakes 3 CU20 Causing or likely to cause danger by reason of 3 use of unsuitable vehicles or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition CU30 Using a vehicle with defective tyre(s) 3 CU40 Using a vehicle with defective steering 3 CU50 Causing or likely to cause danger by reason of 3 load or passengers C80 Using a mobile phone while driving a vehicle 3 Dangerous Driving DD40 Dangerous Driving 3-11 DD60 Manslaughter or culpable homicide while driving a 3-11 vehicle DD90 Furious Driving 3-9 Drink or Drugs DR10 Driving or attempting to drive with alcohol level above 3-11 limit DR20 Driving or attempting to drive while unfit through drink 3-11 DR30 Driving or attempting to drive then failing to supply a 3-11 specimen for analysis DR40 In charge of a vehicle while alcohol level above limit 10 DR50 In charge of vehicle while unfit through drink 10 DR60 Failure to provide a specimen for analysis in 10 circumstances other than driving or attempting to drive DR61 Failure to supply a specimen for drug analysis in circumstances oth 10
than driving or attempting to drive DR70 Failing to provide specimen for breath test 4 DR80 Driving or attempting to drive when unfit through drugs 3-11 DR90 In charge of a vehicle when unfit though drugs 3-11 Insurance Offences IN10 Using a vehicle uninsured against third party risks 6-8 Licence Offences LC20 Driving otherwise than in accordance with the licence 3-6 LC30 Driving after making a false declaration about fitness when applyin 3-6 licence LC40 Driving a vehicle having failed to notify a disability 3-6 LC50 Driving after a licence has been revoked or 3-6 refused on medical ground Miscellaneous Offences MS10 Leaving a vehicle in a dangerous position 3 MS20 Unlawful pillion riding 3 MS30 Play street offences 2 MS50 Motor racing on the highway 3-11 MS60 Offences not covered by other codes As Appropriate MS70 Driving with uncorrected defective eyesight 3 MS80 Refusing to submit to an eyesight test 3 MS90 Failure to give information as to identity of driver etc. 3 Motorway Offences MW10 Contravention of Special Roads Regulations (excluding 3 speed limits) Pedestrian Crossings PC10 Undefined Contravention of Pedestrian Crossing 3 Regulation PC20 Contravention of Pedestrian Crossing Regulations with 3 moving vehicle PC30 Contravention of Pedestrian Crossing Regulations with 3 stationary vehicle Speed Limits SP10 Exceeding goods vehicle speed limits 3-6 SP20 Exceeding speed limit for type of vehicle (excluding 3-6 goods or passenger vehicles) SP30 Exceeding statutory speed limit on a public road 3-6 SP40 Exceeding passenger vehicle speed limit 3-6 SP50 Exceeding speed limit on a motorway 3-6 Traffic Directions And Signs TS10 Failing to comply with traffic light signals 3 TS20 Failing to comply with double white lines 3 TS30 Failing to comply with ‘Stop’ sign 3 TS40 Failing to comply with direction of a constable/warden 3 TS50 Failing to comply with a traffic sign (excluding stop 3 signs, traffic signs or double white lines) TS60 Failing to comply with a school crossing patrol sign 3 TS70 Undefined failure to comply with a traffic direction sign 3 Special Code TT99 To signify a disqualification under totting-up procedure. If the total of penalty points reaches 12 or more within 3 Years, the driver is liable to be disqualified Theft or Unauthorised Taking UT50 Aggravated taking of a vehicle 3-11
Aiding, abetting, counseling or procuring
Offences as coded, but with 0 changed to 2 e.g. LC10 becomes LC12.
Causing or permitting
Offences as coded, but with 0 changed to 4 e.g. LC10 becomes LC14.
Inciting
Offences as coded, but with the end 0 changed to 6 e.g. DD40 becomes DD46.
Non-endorsable offences
Some offences are non-endorsable. A non-endorsable offence is an offence which courts do not endorse onto paper counterpart. No penalty points are attributed to these offences but they carry a period of disqualification. At the end of the disqualification (over 56 days) the driver will have to apply for a renewal licence together with the appropriate fee. Any queries about offences and endorsements should be directed to the convicting court.
Period of time
Periods of time are signified as follows: D=Days, M=Months, Y=Years
Endorsements remain on a counterpart licence for the following periods of time:
Endorsements must remain on a licence for 11 years from date of conviction if the offence is:
Drinking/drugs and driving (shown on the licence as DR10, DR20, DR20 and DR80). Causing death by careless driving whilst under the influence of drink/drugs (shown on the licence as CD40, CD50 and CD 60). Causing death buy careless driving, then failing to provide a specimen for analysis (shown on the licence as CD70).
Or 4 years from the date of conviction if the offence is as listed below:
Reckless/dangerous driving (shown on the licence as DD40, DD60 and DD80). Offences resulting in disqualification. Disqualified from holding a full licence until a driving test has been passed.
Or 4 years from the date of offence in all other cases.
Source www.direct.gov.uk
APPENDIX S
CONSULTATION ARRANGEMENTS
Introduction
This document was publicised in respect of Stoke-on-Trent City Council’s review of the policies and procedures that affect licensed taxis (hackney carriages) and private hire vehicles operating in the Stoke-on-Trent area between October 2007 and January 2008.
Although this is a relatively complex and technical document, aimed mainly at the taxi and private hire trade, the Council welcomed views from members of the public, particularly those that regularly use these services, interested parties and regulatory agencies.
The document sets out the policies currently being considered and invites the views of any interested parties on those proposals.
The Council identified these people and organisations that were possibly interested in responding to this consultation.
Access Team - Stoke-on-Trent City Council Age Concern Citizens Advice Bureau City Councillors Crime and Disorder Reduction Partnership Disability Solutions Hackney Carriage Association Institute of Licensing Legal Services - Stoke-on-Trent City Council Local businesses and their representatives Local Chambers of Trade Local residents and their representatives (via Resident’s Association) National Private Hire Association Newcastle-under-Lyme Borough Council – Licensing Service Nightlife Partnership (run by Staffordshire Police) Passenger Transport - Stoke-on-Trent City Council Pollution Control - Stoke-on-Trent City Council Primary Care Trust Private Hire Association Racial Equality Council Regulatory Services – Stoke-on-Trent City Council Small Operators Association Stafford Borough Council – Licensing Service Staffordshire Constabulary Staffordshire Fire and Rescue Service Staffordshire Moorlands District Council – Licensing Service Stoke Station Drivers Association Stoke-on-Trent MPs Taxi Manufacturers Tourism - Stoke-on-Trent City Council Trading Standards - Stoke-on-Trent City Council Transport and Fleet Group - Stoke-on-Trent City Council Vehicle Operator Services Agency
The Council also welcomed the views of any interested parties and recipients who wanted to draw the attention of the draft document to others who they consider might be interested in responding.
At the end of the consultation period, all of the responses were collated and included in a Summary of Responses paper, that the Council published on its website and made freely available. A decision on the policies to be adopted was then made, resulting in this document.
Consultation Review
This policy has been introduced after consultations, discussions and meetings with many stakeholder groups, all of which have informed the policy development and policy decisions.
This policy will be formally reviewed at least every three years. The next formal structured review is scheduled to begin in October 2010.
The policy and appendices may also be changed in the interim to accommodate changes in the law, corrections of errors and inconsistencies and other triggers to policy change.
If you wish to comment on this document before the next formal review then it will help us considerably if you refer to the policy by paragraph number or appendix number when responding.
It will also be of assistance if you could include in your response your name, address and contact telephone number. If you are responding on behalf of an organisation, it would also help us if you could give the name of the organisation and a brief description of whom the organisation represents. However, we are equally willing to receive anonymous submissions.
We will presume that you are content with your views being published in our Summary of Responses paper unless you indicate otherwise. If you intend to include information of a commercially confidential nature in your response, please make sure that you make this clear to us. The Freedom of Information Act 2000 requires public authorities to disclose information they hold if this is requested. This includes information contained in responses to consultations. If you ask for your response to be kept confidential this will only be possible if it is consistent with the Council’s obligations under the Freedom of Information Act.
You can send your views to:
Principal Licensing Officer (Taxis and Private Hire) Stoke-on-Trent City Council, Licensing Services Hanley Town Hall PO Box 2452 Albion Road, Hanley Stoke-on-Trent ST1 1XP
If you have any further enquiries about this document, please contact us on 01782 232774 or at the above address.