Hackney carriage and private hire policy - Appendix N - Private Hire Vehicle Licence Conditions

Private Hire Vehicle Licence Conditions

Definitions

“The Council” means the Bassetlaw District Council.

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

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

“Proprietor” means the person or persons or body named in this licence as the Proprietor of the Private Hire Vehicle and includes a part Proprietor and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that
agreement.

“Plate” means the Licence Plate issued by the Council for the purpose of identifying the vehicle as a private hire vehicle duly licensed by the Council.

The Proprietor shall observe and perform the following terms and conditions: -

Vehicle

  1. The vehicle shall be maintained throughout the Licence period so as to comply at all times with the Vehicle Specification approved by the Council, and the interior and exterior of the private hire vehicle shall be kept in a clean condition and maintained in a safe condition throughout the duration of the Licence.
  2. Any damage to a private hire vehicle shall be reported to the Council by the Proprietor within seventy-two hours of such damage in accordance with the Act and until such damage is repaired to the satisfaction of the Authorised Officer of the Council, the vehicle shall not be used for hire.
  3. The Proprietor shall permit an Authorised Officer or any Constable to inspect the vehicle at all reasonable times. If the Authorised Officer or Constable is not satisfied as to the condition of the vehicle for use as a private hire vehicle, the Proprietor shall, after being notified in writing, present the vehicle for inspection at such place within the District of Bassetlaw as specified in such notice.
  4. Without prejudice to the provisions of Condition 3 of these Conditions, the Proprietor shall present the vehicle for inspection and testing at such time and at such place within the District of Bassetlaw as specified in a notice served upon the Proprietor by the Council requiring the Proprietor so to do. Provided that the Council shall not, under the provisions of this paragraph, require the Proprietor to present the vehicle for inspection and testing on more than two separate occasions during any one period of twelve months.
  5. If the Authorised Officer or Constable is not satisfied as to the condition of the vehicle for use as a private hire vehicle upon completion of the inspection required by Condition 3 or Condition 4 of these Conditions, he/she may immediately suspend the vehicle Licence. The Proprietor shall forthwith upon being required so to do by the Authorised Officer, cause the Licence Plate to be removed from the vehicle and handed to the Authorised Officer or Constable who shall keep it in his custody until such time as he is satisfied as to the condition of the vehicle, whereupon the Licence Plate shall be returned to the Proprietor.
  6. All vehicles shall be fitted with seatbelts, one for each passenger plus the driver, which shall be readily accessible for use and maintained in a usable state of repair.
  7. The Private Hire Vehicle Licence shall be valid for a period of one year.
    1. If, on inspection, the vehicle fails the technical test, the vehicle must be submitted for reinspection within fourteen days.
    2. If the proprietor fails to comply with Condition 8(1), an additional fee as set out in the Council’s Scale of Fees at the time, will be payable when the vehicle is finally inspected.
  8. There shall be provided and maintained in the vehicle, at all times when it is in use or available for hire, a suitable and efficient fire extinguisher and a suitable first aid kit containing appropriate first aid dressings and appliances, such equipment to be carried in such a position in the vehicle as to be readily available for immediate use in an emergency.

Licence Plate

    1. The Proprietor shall cause the number of this Licence to be fixed and displayed on the vehicle at all times during which the vehicle is being used as a private hire vehicle, such number to be displayed by means of the Licence Plate issued by the Council to the 
      Proprietor;
    2. The Licence Number shall be displayed inside the vehicle in such a manner and place that the particulars thereon are clearly visible to a passenger being conveyed in the vehicle;
    3. The Proprietor of the vehicle to which this Licence relates shall cause the plate or disc issued in conjunction with this Licence to be exhibited on the back of the said vehicle in an upright position, so as at all times to be clearly visible in daylight from behind the vehicle. The plate or disc shall be securely fixed, either above, on, or below the bumper bar, in such a position that the vehicle’s registration mark is not obscured. 
  1. The Licence Plate referred to in Condition 10 of these Conditions shall remain the property of the Council and shall be returned forthwith to the Licensing Officer, Bassetlaw District Council, Queen’s Buildings, Worksop, if the Proprietor no longer holds a Private Hire Vehicle Licence
    issued by the Council which is in force in respect of the vehicle.
  2. The Proprietor of a licensed private hire vehicle shall report the damage, loss or theft of any Plate to the Licensing Officer, Bassetlaw District Council, Queen’s Buildings, Worksop as soon as such damage or theft becomes known.

In the event of a Plate being stolen, the Proprietor shall make a report to the local Police Station.

Replacement or duplicate Plates will be issued for a fee determined by the Council and payable by the Proprietor.

Applications for exemptions from Displaying Private Hire Vehicle Licences.

  1. That any new applications from Private Hire Vehicle (PHV) operators for exemptions under Section 75(3) Local Government (Miscellaneous Provisions) Act 1976 in respect of the PHV Licence condition to display private hire vehicle plates and door signs on their vehicles be referred to the Licensing Committee for a decision based upon the merits of the application.
  2. In considering the merits of any such application the following shall be relevant:
    1. That the applicant is able to demonstrate a background in or commitment to the VIP/executive travel market, including details of existing or potential customers in that market.
    2. That the applicant proposes to use the vehicle only for the VIP/executive travel market and not for any other purpose.
    3. That the applicant can demonstrate, possible with supporting evidence from existing or potential customers, that the display of signs and plates on the vehicles would adversely affect the applicant’s ability to operate in the VIP/executive travel market.
    4. That the vehicle which the applicant wishes the exemption to apply to is credible, in respect of its type, value when new and specification to operate in the VIP/executive travel market.
  3. Where the Licensing Committee resolves to allow an application for an exemption, the Council shall issue a notice to that effect to the proprietor of the vehicle. Such notice to be carried in the vehicle thereafter. The Committee may consider that further condition should be imposed that use of the vehicle to which the exemption has been granted should be restricted to ‘executive’ use, together with a warning to the applicant that any breach of that condition may lead to suspension or revocation of the vehicle licence.
  4. That authority be delegated to the Licensing Officer to renew PHV licences (with an exemption under section 75(3) to which exemptions under section 75(3) have already been granted.

Documentation

    1. At all times the Proprietor shall during the currency of this Licence, keep in force in relation to the user of the vehicle as a private hire vehicle, a policy of insurance complying with the requirements of Part VI of the Road Traffic Act 1972 to include hire and reward.
    2. On being so required by an Authorised Officer, the Proprietor of the vehicle shall produce to that Officer for examination, the Certificate of Insurance issued by an Insurer in respect of the vehicle for the purpose of Part VI of the Road Traffic Act 1972 and/or proof of 
      ownership of the vehicle and/or the full current MOT Certificate for the vehicle.
    3. Provided that if the Proprietor fails to produce the said documents to that Officer, the Proprietor shall, within five days of such a request, produce them to that Officer or to any other Authorised Officer at the Office of the Chief Executive, Bassetlaw District Council.
  1. The Proprietor shall notify the Council in writing of any change of address (including a change of business address) during the period of the Licence within seven days of such a change taking place.
  2. This Licence shall be delivered to and deposited with the operator of the vehicle.
  3. A Vehicle Licence application may not be accepted if such vehicle is licensed by another authority.

Advertisements

  1. Any advertisements on the vehicle shall be confined to a notice fixed to one or both front door panels of the vehicle containing the following information:-
    1. Name of Operator
    2. Telephone number of Operator.
      • The design of the notices shall be approved by the Council.
      • No other advertising material shall be exhibited on the vehicle without the prior written consent of the Council. Any requests for such consent shall be reserved for consideration and a decision by the Council’s Licensing Committee.
      • Any proposed advertisements on the rear window of vehicles which shall cover the entire window shall use “Contra Vision” or similar technology to enable the driver to be able to see out of the rear window whilst allowing the advertisement to be seen from outside the vehicle. Details of the specification of the “Contra Vision” or similar technology shall be included with the application to the Council.
  2. For the purposes of Condition 17 of these Conditions the word “taxi” or “cab” whether in singular or plural, or any word of a similar meaning or appearance to either of those words and whether alone or in combination with any other word or words shall be taken to indicate that the vehicle is a hackney carriage licensed to ply for hire.
  3. Any advertisement indicating that the vehicle can be hired on application to a specified address or telephone number, being the address or telephone number of premises in the District, or on or near any such premises, indicating that the vehicle can be hired at those premises
    shall NOT include the word “taxi” or “cab” whether in singular or plural or any word of similar meaning or appearance to either of those words and whether alone or as part of another word.
  4. The foregoing provisions of Conditions 17, 18 and 19 shall not apply to a sign or notice displayed on or from the vehicle which is prescribed under any enactment. 
  5. The Proprietor of any private hire vehicle shall not display or cause or permit to be displayed on or above the roof of such vehicle any sign, notice, mark, illumination or other similar feature.

Private Hire Drivers

  1.  The Proprietor shall not in the District act as a driver of a vehicle unless he has a current Hackney Carriage/Private Hire Driver’s Licence issued by the Council.
  2. The Proprietor shall not in the District:-
    1. Employ or use any person as the driver of a vehicle for the purpose of any hiring, or;
    2. Permit any other person to act as the driver of a vehicle for the purpose of any hiring, unless the person concerned has a current Hackney Carriage/Private Hire Driver’s Licence issued by the Council.
  3. The Proprietor shall maintain a list of the names and addresses of all persons employed or otherwise used by him for the purposes of driving the vehicle and shall on request inform the Council of the contents of such a list.

Passengers

  1. The driver shall not convey in a private hire vehicle a greater number of persons than that prescribed in the Licence for the vehicle.
  2. The driver shall only allow one passenger to be conveyed in the front of the vehicle unless more that one seat is provided for passengers.
  3. The driver may at his/her discretion convey animals or pets, provided that this restriction does not apply to guide dogs for the blind.
  4. The driver SHALL NOT, without the consent of the hirer of the private hire vehicle convey or permit to be conveyed any other person in that vehicle.

Radios

  1. The Proprietor shall ensure that any radio equipment fitted to the vehicle is at all times kept in a safe and sound condition and maintained in proper working order.

Accidents

  1. The Proprietor shall, within 72 hours of any accident involving the vehicle, report such occurrence to the Council.

Transfers

  1. The Proprietor shall not assign or in any way part with the benefit of the Licence. If he/she transfers his/her interest in any vehicle to any other person he/she shall, not less that fourteen days before such transfer, give notice in writing thereof to the Council specifying the name and address of the person to whom the vehicle is to be transferred. If, for any reason the Proprietor does not wish to retain the Private Hire Vehicle Licence he/she must immediately surrender and return the Licence and Plate to the Licensing Officer for the District Council.

Convictions

  1. The Proprietor shall inform the Council of any:

 

    1. Convictions against the Proprietor during the period of the Licence within seven days of being convicted by the Court
    2. County Court judgements against the Proprietor and any other matters or proceedings affecting the financial standing of the Proprietor.

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 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 failure to renew such a Licence.

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

Licensing Committee 14.6.07
Amended 21.7.10
Amended 13.4.11
Amended 29.4.15
Amended 22.7.15

 

 


Last Updated on Wednesday, October 21, 2020