Hackney carriage and private hire policy - Appendix G - Combined Hackney Carriage & Private Hire Conditions

Hackney Carriage and Private Hire Drivers Conditions

Combined Hackney Carriage And Private Hire Driver’s Licence Conditions

Definitions

“The Council” means the Bassetlaw District Council.

“Taxi” means a Hackney Carriage licensed by the Council under the Town Police Clauses Act 1847.

“Private Hire Vehicle” means a private hire vehicle licensed by the Council under the Local Government (Miscellaneous Provisions) Act 1976.

“Authorised Officer” means any officer authorised by the Council in writing for the purpose of these conditions and any statutory requirements relating to taxi and private hire licensing.

“Proprietor” means the person or persons or body named in this licence as the proprietor of the taxi or private hire vehicle and includes part proprietors and, in relation to a vehicle subject to a hiring agreement or a hire purchase agreement, means the person in possession of the vehicle under that agreement.

“Operator” means a person holding a licence to operate private hire vehicles issued pursuant to Section 55 of the Local Government (Miscellaneous Provisions) Act 1976.

  1. Assignment Of Licence - The Licensee shall not assign or in any way part with the benefit of the Licence. It is personal to the Licensee.
  2. Deposit Of Licence With Taxi Proprietor Or Private Hire Operator - The Licence shall be delivered to and deposited with the Proprietor of the taxi or with the Operator of the private hire vehicle.
  3. Driver's Badge - The driver shall:-
    1. at all times when on duty as a hackney carriage or private hire driver wear, in a conspicuous position so as to be clearly visible, the driver’s badge issued by the Council
    2. return his/her badge to the Council as soon as the Licence ceases to be in force
  4. Conduct Of Driver - The driver shall:-
    1. afford all reasonable assistance with passengers’ luggage;
    2. be clean and respectable in his/her dress and person and behave in a civil and orderly manner;
    3. take all reasonable steps to ensure the safety of passengers conveyed in, entering or alighting from the vehicle driven by him/her;
    4. advise passengers of their requirement to wear seatbelts and ensure that all children wear seatbelts and use appropriate child restraints in accordance with the law (see seat belt regulations attached);
    5. not, without the express consent of the hirer, drink or eat in the vehicle whilst it is being hired;
    6. at no time cause or permit the noise emitted by any device in the vehicle which he/she is driving, to be a source of nuisance or annoyance to any person whether inside or outside the vehicle.
  5. Prompt Attendance - The driver of a taxi or private hire vehicle who has agreed, or has been hired to be in attendance with the taxi or private hire vehicle at an appointed time and place shall, unless delayed or 
    prevented by some reasonable cause, punctually attend.
  6. Destination - The driver of a taxi when hired to drive to any particular destination shall not, without reasonable cause, unnecessarily prolong in distance, or in time, the journey for which the taxi has been hired.
  7. Passengers
    1. The driver shall not convey or permit to be conveyed in a taxi or private hire vehicle, a greater number of persons than that prescribed in the Licence for the vehicle.
    2. The driver shall not allow more than two passengers to be conveyed in the front of the Taxi or Private Hire Vehicle. Two passengers shall only be permitted where there are two passenger seats with seatbelts.
    3. The driver shall not, without the consent of the hirer of the taxi or private hire vehicle, convey or permit to be conveyed any other person in the vehicle.
    4. The driver may, at his/her discretion, convey animals or pets, provided that this restriction does not apply to Assistance Dogs.
    5. The driver who shall knowingly convey in the vehicle the dead body of any person shall, immediately thereafter, notify the fact to the Police.
  8. Statement Of Fares (Taxis Only) - The driver of a taxi shall ensure that a statement of fares or rates of fares currently in force in the District shall be displayed at all times and shall not be concealed at any time while the taxi is plying or being used for hire.
  9. Vehicle Licence Details - The driver shall not conceal from public view the interior display of:
    1. the vehicle Licence number;
    2. the number of passengers permitted to be carried in the vehicle.
  10. Fare Meters (Taxis Only)
    1. The driver of a taxi shall not tamper with or permit any person other than an Authorised Officer to tamper with any taxi fare meter, fittings or seals provided in the taxi.
    2. Vehicles MUST be presented for inspection by the Council as soon as is reasonably practicable following any adjustments or repairs to the meter.
    3. The driver shall ensure that when the vehicle is not undertaking a hire journey, no fare is recorded on the face of the meter.
    4. On commencement of a journey, the driver shall bring the meter into action and keep the meter in action until the termination of the hiring.
    5. The driver shall cause the meter to be properly illuminated throughout any part of the hiring which is during the hours of darkness and at any other time if requested to do so by the hirer of the taxi.
    6. The meter switch must be independent of the roof sign illumination switch. 
    7. The driver must not charge a fare higher than that displayed on the meter at the termination of the journey.
  11. Proceeding To Ranks (Taxis Only) - The driver of a taxi shall, when plying for hire in any street and not actually hired:-
    1. proceed with reasonable speed to one of the stands appointed by the Council;
    2. if a stand, at the time of his arrival, is occupied by the full number of taxis authorised to occupy it, proceed to another stand;
    3. on arriving at a stand not already occupied by the full number of taxis authorised to occupy it, park the taxi immediately behind the taxis already on the stand so as to face the same direction; and
    4. from time to time when any other taxi immediately in front is driven off or moved forward cause his taxi to be moved forward so as to fill the place previously occupied by the taxi driven off or moved forward.
  12. Lost Property - Any property left in a taxi or private hire vehicle shall, within 24 hours, be taken by the driver, to the nearest Police Station.
  13. Change Of Address - The driver shall give notice to the Council of any change of his/her address, during the period of the Licence, within seven days of such change taking place.
  14. Convictions - The driver shall, within seven days, disclose to the Council, in writing, details of any convictions incurred by him/her during the period of the Licence. (Conditional Discharges, Bind Overs, Police Cautions and endorsable Fixed Penalty Offences count as convictions).

Penalties

The Local Government (Miscellaneous Provisions) Act 1976 provides that any person who acts in contravention of the provisions of Part II of the Act, shall be guilty of an offence and may be liable on summary conviction to a fine not exceeding £1,000 where no other specific penalty is expressed. In addition, such action may lead to the suspension or revocation of any existing licence or the nonrenewal of such a Licence.

Your attention is drawn to the various provisions contained in the 1976 Act which you are advised to obtain and read carefully.

N.B. These conditions are additional to the statutory requirements relating to hackney carriages contained in the Town Police Clauses Act 1847 (and any Byelaws made thereunder) and the Local Government (Miscellaneous Provisions) Act 1976.

This authority is under a duty to protect funds it administers, and to this end may use the information you have provided on this form for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

Licensing Committee 14.6.07
Amended Licensing Committee 17.06.15
Amended Licensing Committee 16.03.16

Seat Belt Regulations

(in Taxis and Private Hire Vehicles)

Children under 3 years old

If carried in the front seat, an appropriate child restraint MUST be used (the adult seat belt is not sufficient).

 If carried in the rear seat, an appropriate child restraint MUST be used, IF AVAILABLE.

If an appropriate restraint is fitted in the front of the car, but not the rear, children under 3 years old MUST sit in the front and use that restraint. (Remember, you could move the restraint from the front to the rear if you wish, and you should do this if you are using a rearward-facing baby seat and there is a passenger airbag fitted).

If a child restraint is not available, then the child may travel unrestrained in the rear. (This is the only exemption, and has been introduced for practical rather than safety reasons. The driver should always think about ways to make sure that a child seat is available).

Children Aged 3 to 11 years and under 1.35 metres tall

If carried in the front seat, an appropriate child restraint MUST be worn IF AVAILABLE.

If not, an adult seat belt MUST be worn.

If carried in the rear seat, an appropriate child restraint MUST be worn IF AVAILABLE.

If not, and adult seat belt MUST be worn.

If an appropriate restraint or seat belt is fitted in the front of the car, but not in the rear, children between 3 to 11 years old and under 1.35 metres tall MUST use that restraint or seat belt. (Remember, you could
move the restraint from the front to the rear if you wish).

Children Aged 12 or 13 years or younger children 1.35 metres or more in height

If carried in the front or rear seat, an adult seat belt MUST be worn.

Passengers Over 14 years’ old

If carried in the front or rear seat, an adult seat belt MUST be worn.

It is the driver’s legal responsibility to ensure that the child is correctly restrained.

Licensing Committee - 14.6.07

Regulations became operative from 18 September 2006

 

 


Last Updated on Wednesday, October 21, 2020