Hackney carriage and private hire policy - Appendix O - Hackney Carriage Vehicle Conditions

Hackney Carriage Vehicle 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 taxi licensing.

“Hackney Carriages” has the same meaning as in the Town Police Clauses Act 1847.

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

“Licence Plate” means the plate issued by the Council for the purpose of identifying the vehicle as a hackney carriage vehicle duly licensed by the Council.

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

  1. Comply with the requirements of the Byelaws made by Bassetlaw District Council on 6 April 1990 and confirmed by the Secretary of State on 1 July 1990.

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 hackney carriage shall be kept in a clean condition and maintained in a safe condition throughout the duration of the Licence.
  2. Any damage to a hackney carriage shall be reported to the Council by the Proprietor within seventy-two hours of such damage in accordance with the 1976 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 hackney carriage, the Proprietor shall, after being notified in writing, present the vehicle for inspection at such place within the District of Bassetlaw as is specified in such notice.
  4. Without prejudice to the provisions of Condition 4 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 hackney carriage upon completion of the inspection required by Condition 4 or Condition 5 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 seat belts, one for each passenger plus the driver, which shall be readily accessible for use and maintained in a usable state of repair.
  7. The Hackney Carriage 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 9(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 so 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 11 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 Hackney Carriage Licence issued by the Council which is in force in respect of the vehicle.
  2. The Proprietor of a licensed hackney carriage 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.

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
  2. The design of the notices shall be approved by the Council.
  3. 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.
  4. 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.

Roof Signs

    1. The hackney carriage shall be fitted with a sign on the roof and shall clearly display to both the front and rear of the vehicle, the word “TAXI”.
    2. The sign shall be capable of being lit internally so that it is illuminated when the taxi is “for hire” and not so illuminated otherwise.
    3. The sign shall be fixed in such a manner and position and be of such size as shall be approved by the Council.
    4. No other signs shall be displayed on the roof of the vehicle.

Taxi Meters

  1. The Proprietor of the hackney carriage provided with a taxi meter not fitted with a flag or other device bearing the words “FOR HIRE” shall cause the carriage to be provided with a sign so constructed as to comply with the following requirements that is to say:-
    1. the sign shall bear the words “FOR HIRE” in plain letters at least one and a half inches in height;
    2. the sign shall be capable of being so operated that it indicates clearly and conveniently to persons outside the carriage whether or not the carriage is for hire.
  2. The hackney carriage shall be so constructed or adapted as to be capable of carrying the fare meter in a position acceptable to the Council and visible to the passenger.

Fares

  1. The Proprietor of the hackney carriage herein licensed shall be entitled to demand and take for the hire of the carriage the rate of fare prescribed by the Council and notified to the Proprietor. Such rate or fare shall be calculated by distance and time and may be subject to variation from time to time.
  2. The Proprietor of the hackney carriage shall cause the official Scale of Fares to be exhibited in the carriage and be clearly visible by all passengers and shall ensure that at all times such Scale of Fares is kept in such a condition that all lettering is clearly visible to the passengers and shall renew the same as often as is necessary in order to comply with these Conditions (additional copies of the fares may be obtained from the Licensing Officer, Bassetlaw District Council, Queen’s Buildings, Potter Street, Worksop, Notts).
  3. The Proprietor of the hackney carriage, bearing a statement of fares, charges and provisions thereto, shall not wilfully or negligently cause or suffer the letters of figures in the statement to be concealed or rendered illegible at any time whilst the carriage is plying or being used for hire.

Hackney Carriage Drivers

  1. The Proprietor shall not in the District act as a driver of a vehicle unless he has a current Hackney Carriage 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 the 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 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 hackney carriage, 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 than 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 hackney carriage 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 the hackney carriage vehicle to any other person he/she shall, not less than fourteen days before such transfer, give notice in writing 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 Hackney Carriage 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 proceeding 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.

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.

Licensing Committee 14.6.07
Amended 13.4.11
Amended 29.4.15
Amended 22.7.15

 

 


Last Updated on Wednesday, October 21, 2020