Hackney carriage and private hire policy - Appendix S - Penalty Points System

Penalty Points System

Hackney Carriage and Private Hire Vehicle Driver and Operator

Introduction

Private Hire Operators, Hackney Carriage and Private Hire Drivers and Hackney Carriage and Private Hire Vehicles are principally governed by the Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847, Council’s Byelaws and the Rules, and Regulations and Conditions set by the Licensing Committee. Should Combined Hackney Carriage/Private Hire Drivers, Hackney Carriage Proprietors, Private Hire Vehicle Proprietors or Private Hire Operators commit an offence or breach those rules, regulations or conditions of licence, persons involved are asked to attend Bassetlaw District Council’s offices for an interview. Once investigations are completed, letters are sent out detailing the outcome and a permanent record kept on the persons’ file. The outcome of investigations may result in no further action being taken, penalty points being awarded, a formal warning, referral to the Licensing Committee and/or prosecution.

The aim of a penalty point scheme is to work in conjunction with other enforcement options. It provides a formalised stepped enforcement plan. The purpose of the scheme is to record misdemeanors and to act as a record of driver’s behaviour and conduct so as to ascertain whether they are a fit and proper person to hold a licence. It does not prejudice the Council’s ability to take other actions.

The primary objective of the penalty point’s scheme is to improve the levels of compliance and help improve the standards, safety and protection of the travelling public.

Penalty Points System

    1. Before Penalty Points are issued there must be sufficient evidence to prove the offence or breach of conditions.
    2. Each case/offence will be considered on its own merits.
    3. Nothing in the Scheme will stop the Council from taking action under any appropriate legislation.
    4. Nothing in the Scheme will stop the Council from taking other enforcement action such as revocation or suspension.
    5. In general, contraventions involving risk to the public or Officer safety will be dealt with under other enforcement powers available to the Council.
    6. Where it is decided that the use of Penalty Points is appropriate the Penalty Points will be issued in accordance with paragraph 8.
    7. The imposition of Penalty Points issued against a driver who is an employee (e.g. for an Operator) will not necessarily result in the imposition of points against his/her employer. The Council will consider whether there is a joint responsibility for a breach or contravention. If there is found to be a joint responsibility penalty points may be imposed on one or more licence holder(s).
    8. Where Penalty Points are issued the proprietor or driver will be sent written confirmation within 5 working days.
    9. Penalty points can only be issued by Officers only in line with the Councils scheme of delegation.
    10. There is a right of appeal against the issue of any Penalty Points(s) by an to either the Head of Corporate Services OR Director of Corporate Resources Any appeals have to be made to either the Head of Corporate Services OR Director of Corporate Services in writing within 21 days of the date of the notification of penalty points letter.
    11. When either the Head of Corporate Services OR Director of Corporate Services has reviewed the decision to issue Penalty Points they have the power to:
      • Take no action
      • Increase the points
      • Decrease the points
    12. Any Penalty Points will remain valid (“live”) for a period of 24 months.
    13. The valid (“live”) period is calculated on a roll forward basis, so as to allow any older Penalty Points to be considered as spent and therefore excluded from the running total recorded against any individual licensee.
    14. Any driver, proprietor or operator who accumulates 12 Penalty Points in a 24-month period will be required to appear before Bassetlaw District Council’s Licensing Committee .
    15. There is no financial penalty associated with the Penalty Points Scheme and the licence holder may continue to work unless their licence is suspended or revoked by the Licensing Committee or under a Delegated Decision.
    16. The licence holder will be asked to attend a meeting with the Committee if 12 or more Penalty Points are imposed on an individual licence in a 12 month rolling period.
    17. When a licence holder is brought before the Committee they have the power to exercise one of the following options:
      1. Take no action
      2. Suspend the licence
      3. Revoke the licence
      4. Issue a written warning which will remain on file for a period specified by the committee
      5. Extend the 12 month period in which the points remain live
      6. Take any other action they feel is appropriate in the circumstances
      7. Refer the matter back to Officers with a recommendation for Penalty Points to be issued under the Scheme
    18. The Committee does not have the power to issue Penalty Points to Licence Holders. Pursuant to Paragraph 2.17(g) if the Committee feel the issuing of Penalty Points is appropriate they can refer the matter back to Officers with a recommendation for Penalty Points to be issued under
      the Scheme.

    19.  

      If members revoke or suspend a licence there is a right of appeal to the Magistrates Court, within 21 days of notification of the decision to revoke or suspend a licence.
    20. Periods of suspension of a licence will be dependent on the nature of each breach, contravention of legislation or breach of requirements of the Councils policy.
    21. Any licence holder having to appear before the Licensing Committee for accumulating 12 Penalty Points in a 24 month period shall be entitled to make representations to the Committee.
    22. Any licence holder having to appear before the Licensing Committee for accumulating 12 Penalty Points in a 24 month period shall be entitled to bring a friend, colleague or legal representative to the Committee meeting to support or represent them.
    23. Any licence holder given a suspension, or who has had their licence revoked, shall be entitled to appeal to the Magistrates Court within 21 days of receiving notification of the Committees decision.
    24. When the Committee has considered a matter any Penalty Points accumulated will be deemed as spent unless the Committee decides otherwise.
    25. If the Committee decides that any Penalty Points shall remain live the Committee must stipulate the date at which they will expire and be deemed spent.

Penalty Points Tariff

Offence/Breach of Conditions Points Driver Vehicle Owner or Operator
Providing a false or misleading information on a licence application form/failing to provide relevant information or pay the relevant fee (including dishonoured cheques) 6 Y Y
Failure to notify the Council, in writing, of a change of name or address within 14 days 3 Y Y
Refusal to accept hiring without reasonable cause 3 Y  
Unreasonable prolongation of journey 6 Y  
Misconduct relating to the charging of fares 6 Y  
Plying for hire by Private Hire Drivers or Hackney Carriage drivers plying for hire outside the district 9 Y Y
Private Hire Vehicle parking or waiting on a Taxi rank 9   Y
Inappropriate behaviour at a taxi rank 1-12* Y  
Leaving a Hackney Carriage unattended at a rank 4 Y  
Failure to produce relevant documentation, within the relevant timescales when requested to do so by an Authorised Officer 4 Y Y
Unsatisfactory condition of the vehicle (interior or exterior) 4 Y Y
Failure to undergo 6 and/or 12 monthly vehicle inspection prior to the expiry date 6   Y
Failure to provide proof of insurance cover when request 6 Y  
Failure to produce a vehicle for re-testing when required 4   Y
Using a vehicle subject to a suspension order issued by an Authorised Officer or Police Officer 12 Y Y
Using a vehicle for which the licence has been suspended or revoked 12 Y Y
Failure to report, in writing, damage or an accident to a licensed vehicle within 72 hours (which would cause the vehicle to breach the licence conditions) 6 Y Y
Carrying more passengers than stated on the vehicle licence 6 Y  
Failure to display external and/or internal licence plate(s) in a fixed position 6 Y Y
Failure to display appropriate door signs 6 Y Y
Carrying an offensive weapon in the vehicle 12   Y
Failure to notify transfer of a Private Hire or Hackney Carriage Vehicle Licence within 7 days of the transfer 4   Y
Failure to carry a fire extinguisher 4   Y
Failure to carry a first aid kit 4   Y
Displaying unsuitable or inappropriate sited signs or unauthoirsed advertisements on a vehicle 3   Y
Failure to use a roof light which complies with the supplementary testing manual 4   Y
Use of a non-approved, non-calibrated taximeter in a Hackney Carriage or tampering with the meter or seals in any way 6 Y Y
Obstruction of an Authorised Officer or Police Officer wishing to examine a licensed vehicle 12 Y Y
Evidence of smoking in a vehicle (by passenger or driver) 3 Y Y
Evidence of consumption of food or drink in a vehicle (by passenger or driver) 3 Y Y
Displaying any feature on a Private Hire Vehicle which may suggest that it is a Hackney Carriage 6 Y  
Failure to carry an assistance dog without the requisite medical exemption certificate 12 Y Y
Driver not holding a current DVLA licence 12 Y Y
Failure to have a drivers identification badge clearly displayed 4 Y  
Failure to immediately notify the Licensing Section of a change in medical circumstances that my affect your ability to drive or the safe transportation of passengers (including eyesight).** 1-12** Y Y
Failure to maintain proper records of Private Hire Vehicles 3 Y  
Failure to keep or produce records of Private Hire bookings or other documents required to be kept or produced 6 Y  
Misleading use of the works “Taxi” or “Cab” on advertising materials for Private Hire Vehicles 3 Y  
Failure to issue a receipt on request 3 Y Y
Using a licensed vehicle in a dangerous condition 9 Y Y
Failure to return vehicle licence plate within 7 days after due notice following expiry, revocation or suspension of such licence 5 Y  
Unsatisfactory Behaviour or conduct of a driver 1-12* Y  
Failure to notify the Council, in writing, of any conviction or caution within 7 days 6 Y Y
Failure to behave in a civil and orderly manner or bringing the trade in to disrepute 1-12* Y Y
Failure to clearly display a current table of fares card and/or all other internal signs/notices required to be in the vehicle 3 Y Y
Carrying 2 or more separate fares without the appropriate consent 6 Y Y
Failure to carry a large spare wheel (or appropriate alternative as specified in the supplementary testing manual) and the facilities to correctly fit such a wheel 4 Y Y
Using a licensed vehicle with bald, dangerous or defective tyres 3 (per tyre) Y Y
Waiting or stopping in a double yellow area, bus stop or private land (without the owner’s permission) unless requested by a paying customer, who is present in the vehicle. Or, if pre-booked, failure to move on after 5 minutes from double yellow lines when requested by an authorised officer 3 Y  
Using a mobile phone without the use of hands free facility whilst driving or whilst the vehicle is stationary with the engine running. 6 Y  
Operating a Private Hire Vehicle without a Private Hire Operators Licence 9 Y  
Double parking on a highway 3 Y  
Unsatisfactory appearance of driver (dress and cleanliness) 3 Y  
Failure to observe rank discipline in accordance with Hackney Carriage Drivers licence conditions 3 Y  
Failure to give reasonable assistance with the loading / unloading of luggage 3 Y  
Sounding the vehicle horn in a way to cause alarm, harassment or distress to others 3 Y  
Waiting on double yellow lines 3 Y  
Failure to ensure that all wheelchairs being carried in a licensed vehicle have been correctly loaded, secured and unloaded 6 Y  
Failure to hand in lost property to a police station with 24 hours 3 Y Y
Failure to comply with any of Bassetlaw District Council vehicle, drive and operator conditions that are not already stated above. 3 Y Y
** Depending on circumstances, 12 points will only be given if it effects their ability to drive      

 

 


Last Updated on Wednesday, October 21, 2020