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<strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong> <strong>Private</strong> <strong>Hire</strong> <strong>Driver</strong><br />

Licence <strong>Application</strong> <strong>Pack</strong><br />

April 2012<br />

IMPORTANT PLEASE NOTE THE FOLLOWING<br />

"As our customer reception is open plan to enable us to help customers with a wide range of<br />

services, we will no longer be accepting cash as payment from the 1st August 2010 as it could<br />

present a risk to our staff if cash was held on the premises. You can still come into the office to<br />

make your payment by debit or credit card or alternatively ring 01480 387075 to pay by card. We<br />

are still accepting payment by cheque, which should be made payable to Huntingdonshire District<br />

Council."<br />

Pathfinder House St Mary's Street Huntingdon PE29 3TN


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Contents<br />

1. NOTES FOR GUIDANCE OF PERSONS APPLYING FOR HACKNEY CARRIAGE AND<br />

PRIVATE HIRE VEHICLE DRIVERS LICENCES<br />

2. SCHEDULE OF LICENSING FEES<br />

3. APPLICATION FOR A LICENCE TO DRIVE A HACKNEY CARRIAGE AND/OR<br />

PRIVATE HIRE VEHICLE (See note below)<br />

4. MEDICAL CERTIFICATE (See note below)<br />

5. GUIDANCE ON MAKING APPLICATION FOR A CRIMINAL RECORDS BUREAU CHECK<br />

AND PROVISION OF A STATEMENT OF GOOD CONDUCT<br />

6. DECLARATION OF PREVIOUS CONVICTIONS<br />

7. HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS –<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

8. HACKNEY CARRIAGE VEHICLE - SCHEDULE OF CONDITIONS OF LICENCE<br />

9. PRIVATE HIRE VEHICLE - SCHEDULE OF CONDTIONS OF LICENCE<br />

10. PRIVATE HIRE OPERATORS - SCHEDULE OF CONDITIONS OF LICENCE<br />

11. STRETCH LIMOUSINES – SCHEDULE OF CONDITIONS OF LICENCE<br />

NOTE<br />

The <strong>Application</strong> Form must be completed <strong>and</strong> submitted as instructed<br />

1 of 1


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1<br />

NOTES FOR THE GUIDANCE OF PERSONS APPLYING FOR<br />

HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCES<br />

ALL APPLICANTS MUST<br />

1. Have a right to work in the United Kingdom.<br />

2. Be able to underst<strong>and</strong> <strong>and</strong> speak English.<br />

3. Be at least 18 years of age.<br />

4. MUST HAVE BEEN THE HOLDER OF A FULL DRIVING LICENCE issued under<br />

the Road Traffic Act 1972 or 1988, (or a European Economic Area (EEA) state<br />

driving licence) for a period of at least twelve months (a provisional licence is<br />

not acceptable).<br />

5. When submitting the application for a hackney carriage/private hire driver’s<br />

licence, the applicant must complete a Criminal Records Bureau Check.<br />

Persons who have worked or have been resident overseas in the 5 years<br />

preceding the date of application for there hackney carriage/private hire<br />

drivers licence are required to provide a statement of good conduct (See<br />

explanatory notes at Section 5). The applicant will also be required to bring a<br />

passport sized photograph which must be:<br />

<br />

recent (taken within the last month);<br />

<br />

<br />

<br />

<br />

<br />

<br />

45 millimetres (mm) high x 35 millimetres (mm) wide (please do not trim<br />

your photographs to meet this condition);<br />

taken against an off-white, cream or light grey plain background so that<br />

your features are clearly distinguishable against the background;<br />

undamaged, for example, by creases from paperclips;<br />

of you on your own (no other people visible);<br />

a close-up of your head <strong>and</strong> shoulders so that your head, from the bottom<br />

of your chin to your crown is between 29mm <strong>and</strong> 34mm high; <strong>and</strong><br />

clear of writing on the front <strong>and</strong> back.<br />

The photograph must also:<br />

<br />

<br />

<br />

be in sharp focus <strong>and</strong> clear;<br />

have a strong definition between the face <strong>and</strong> background; <strong>and</strong><br />

be printed professionally. Photographs printed at home are not likely to be<br />

of an acceptable quality.<br />

The photograph must show:<br />

<br />

no shadows;


applicant facing forwards, looking straight towards the camera;<br />

a neutral expression, with your mouth closed;<br />

your eyes open <strong>and</strong> clearly visible (with no sunglasses or heavily tinted<br />

glasses, <strong>and</strong> no hair across your eyes);<br />

no reflection or glare on your glasses, <strong>and</strong> the frames should not cover<br />

your eyes (you may find it easier to remove your glasses);<br />

your full head, without any head covering, unless it is worn for religious<br />

beliefs or medical reasons; <strong>and</strong><br />

<br />

nothing covering your face. Please make sure nothing covers the outline<br />

of your eyes, nose or mouth.<br />

6. Undergo a medical examination when advised to by the licensing office at<br />

his/her own expense <strong>and</strong> must meet the medical st<strong>and</strong>ards of fitness to drive<br />

Group 2 Entitlement;<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

on first applying to the Huntingdonshire District Council for a hackney<br />

carriage or private hire vehicle driver's licence; <strong>and</strong><br />

on reaching the age of 55 years; <strong>and</strong><br />

on reaching the age of 60 years; <strong>and</strong><br />

on reaching the age of 65 years <strong>and</strong> thereafter annually.<br />

7. Satisfy the Licensing Officer that:-<br />

(a) their driving ability is competent <strong>and</strong> of a sufficiently high st<strong>and</strong>ard to safely<br />

<strong>and</strong> comfortably convey members of the public;<br />

For applications from 01 January 2012 driving ability will be tested by<br />

means of the Driving St<strong>and</strong>ards Agency (DSA) driving assessment for<br />

private hire vehicles <strong>and</strong> hackney carriages;<br />

(b)<br />

(c)<br />

they have a good knowledge of the Council’s <strong>Hackney</strong> <strong>Carriage</strong> Byelaws<br />

<strong>and</strong> of the conditions relating to hackney carriages <strong>and</strong> private hire<br />

vehicles;<br />

they have an adequate knowledge of the geography of the district.<br />

8. Produce a certificate from a licensed proprietor to the effect that he/she will be<br />

employed by him/her as a hackney carriage or private hire vehicle driver (see Part<br />

III of the application form).<br />

9. Meet the cost of a drivers licence <strong>and</strong> badge, which is payable on the grant of the<br />

licence.<br />

10. Please allow the Licensing section at least one working day to order the badge<br />

2 of 2<br />

2


2<br />

HACKNEY CARRIAGE & PRIVATE HIRE LICENCES SCHEDULE OF LICENSING FEES<br />

Effective from <strong>and</strong> after 5th April 2012<br />

DRIVING LICENCES (HACKNEY CARRIAGE AND PRIVATE HIRE (Valid for one year)<br />

(a) Initial Issue including drivers badge £75.00 .<br />

(b) Renewal including new drivers badge £43.00<br />

(c) Replacement driver’s badge £ 6.00<br />

VEHICLE LICENCES (HACKNEY CARRIAGE AND PRIVATE HIRE (Valid for one year)<br />

<strong>Hackney</strong> <strong>Carriage</strong> (not wheelchair accessible)<br />

(a) New Licence £244.00<br />

(b) Renewal of Licence £244.00<br />

<strong>Hackney</strong> <strong>Carriage</strong> (wheelchair accessible)<br />

(a) New Licence £259.00<br />

(b) Renewal of Licence £244.00<br />

<strong>Private</strong> <strong>Hire</strong> Vehicle<br />

(a) New Licence £228.00<br />

(b) Renewal of Licence £228.00<br />

Vehicle retest only £44.50<br />

Replacement Plate £14.00<br />

Meter Test £15.00<br />

PRIVATE HIRE OPERATORS LICENCE (Valid for one year)<br />

(a) New Licence £110.00<br />

(b) Renewal of Licence £110.00<br />

PLEASE NOTE:<br />

"As our customer reception is open plan to enable us to help customers with a wide range of<br />

services, we will no longer be accepting cash as payment from the 1st August 2010 as it could<br />

present a risk to our staff if cash was held on the premises. You can still come into the office to<br />

make your payment by debit or credit card or alternatively ring 01480 387075 to pay by card. We<br />

are still accepting payment by cheque, which should be made payable to Huntingdonshire District<br />

Council."<br />

1 of 1<br />

3


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3<br />

HC/PHFORM 1<br />

APPLICATION FOR A LICENCE TO DRIVE A HACKNEY CARRIAGE/PRIVATE HIRE<br />

VEHICLE<br />

Before completing this application form, all applicants are to ensure that they have read <strong>and</strong><br />

understood the Contents of the application pack. Your attention is especially drawn to:<br />

a. Notes for Guidance of Persons Applying for <strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong>/or <strong>Private</strong> <strong>Hire</strong> Vehicle<br />

<strong>Driver</strong>s Licence.<br />

b. Guidance on Making <strong>Application</strong> for a Criminal Records Bureau Check <strong>and</strong> the Provision of<br />

a Statement of Good Conduct.<br />

THIS APPLICATION FOR MUST BE FULLY COMPLETED IN BLOCK CAPITALS BY THE<br />

APPLICANT IN HIS OR HER OWN HANDWRITING<br />

I hereby apply to the Huntingdonshire District Council for a licence to drive a <strong>Hackney</strong><br />

<strong>Carriage</strong> <strong>and</strong>/or <strong>Private</strong> <strong>Hire</strong> Vehicle operating in the Huntingdonshire District.<br />

1. DETAILS OF APPLICANT<br />

Name in full (Insert all forenames)<br />

………………………………..………………………………………………………………………..<br />

Any Previous Names used (for example: change by Deed Poll, Maiden Name, etc) .….……<br />

…………………………………………………………………………………………………………<br />

Present Address…………………………………………………………………..…..……………..<br />

…………………………………Post Code: ………………. Tel No……………………………...<br />

Resident at above address from: ……………...………..<br />

If less than 5 years, previous addresses during that period <strong>and</strong> dates resident at each<br />

…………………………………………………………………………………………...…………….<br />

…………………………………………………………………………………………...………….…<br />

Date <strong>and</strong> place of birth …………………………………………..………………………………....<br />

Age …………………….……………………………………………………………………………...<br />

Height ……………………………………………… Colour of Eyes …………………..………….<br />

Colour of Hair …………………. Distinguishing Features …...…………………………….……<br />

Next CRB due:<br />

Next Medical Due:<br />

BADGE<br />

NO:<br />

DATE:<br />

EXPIRY:<br />

AMOUNT:<br />

Payment Code GM11 A08 J1081<br />

Short Code 10-03<br />

RECEIPT<br />

NO:<br />

CASHIER<br />

NO:<br />

*CHEQUE/CREDIT CARD/DEBIT CARD ETC


2. APPLICANTS’ STATEMENT OF HEALTH Please state:<br />

(i)<br />

Whether you suffer from Epilepsy or have suffered (whilst awake) from an epileptic<br />

attack during the past three years. *YES/NO (if yes, please give details)<br />

………………………………………………………………………………………………<br />

(ii)<br />

(iii)<br />

Whether you suffer from any illness or condition which might affect your driving of<br />

either a <strong>Hackney</strong> <strong>Carriage</strong> or <strong>Private</strong> <strong>Hire</strong> Vehicle. *YES/NO (if yes, please give<br />

details)<br />

………………………………………………………………………………………………<br />

If the answer to either (i) or (ii) is ‘YES’ please give your Doctor’s name <strong>and</strong><br />

address.<br />

………………………………………………………………………………………………<br />

3. EMPLOYMENT<br />

a. Do you have a right to work in the United Kingdom *YES/NO<br />

(Please read information on page 4 with reference to Right to Work in the United Kingdom)<br />

b. Particulars of employment during the last five years -<br />

Name <strong>and</strong> address of Employer Nature of Employment Dates<br />

From<br />

To<br />

b. Have you ever had an application for a hackney carriage/private hire drivers licence<br />

refused by any licensing authority:<br />

*YES/NO<br />

c. Have you ever had a hackney carriage/private hire drivers licence suspended or revoked<br />

by any licensing authority:<br />

*YES/NO<br />

If you answer yes to either b or c above, please give details:<br />

……………………………………………………………………………………………………………….<br />

……………………………………………………………………………………………………………….<br />

……………………………………………………………………………………………………………….<br />

............................................................................. (continue on a separate sheet if necessary)<br />

*Please delete as necessary<br />

3


4. DETAILS OF PREVIOUS CONVICTIONS<br />

(All convictions must be declared including any official cautions or warnings issued<br />

by the Police or any other Regulatory Body <strong>and</strong> motoring offences, together with<br />

details of any fixed penalty tickets for moving road traffic offences. Continue on<br />

separate sheet if necessary.)<br />

Date of Conviction<br />

Offence(s)<br />

(including dates)<br />

Sentence<br />

(including suspended sentences)<br />

(Continue on separate sheet if necessary)<br />

5. DRIVING LICENCE MUST BE PRODUCED WHEN SUBMITTING THIS APPLICATION)<br />

If licence is the new style Photo ID type, then both parts must be produced).<br />

Are you the holder of a current full licence to drive a motor car<br />

*YES/NO<br />

Date on which full licence was obtained …………………………………………………………<br />

Are you licensed to drive a vehicle with a manual or automatic gearbox please indicate<br />

below:<br />

*Manual / Automatic only<br />

(Remember you must be at least 18 years of age <strong>and</strong> have held a full licence for at<br />

least 12 months)<br />

6. DRIVING STANDARDS AGENCY (DSA) DRIVERS ASSESMENT FOR PRIVATE HIRE<br />

VEHICLES AND HACKNEY CARRIAGES<br />

<strong>Driver</strong> assessments can be taken at your local Driving St<strong>and</strong>ards Agency (DSA) test centre. You can<br />

find your nearest test centre on the DSA website using the following link:<br />

http://www.dft.gov.uk/fyn/cat=-1&TestType=taxi&TypeID=17<br />

You can book your practical assessment online, by phone or by post. You will need your driver<br />

number from one of the following licences: a full UK or Northern Irel<strong>and</strong> photo-card licence; a full<br />

British old style paper licence or a recognisable full European Union (EU) licence <strong>and</strong> UK paper<br />

counterpart. You will also need a valid debit or credit card (Visa, MasterCard, Delta or Visa<br />

Electron) for online or phone booking or, a cheque or postal order for postal bookings.<br />

Booking Online<br />

You can book your practical driving test for a taxi on the Directgov website using the following link:<br />

http://www.direct.gov.uk/en/Diol1/DoItOnline/Doitonlinemotoring/DG_197299<br />

Booking by phone<br />

You can book over the phone by calling the following number, Tel: 0300 200 1122. Once you have<br />

been connected to the DSA helpline, the telephone options to follow to book a taxi test are 0, 2, 1,<br />

1, 4.<br />

4


Booking by post<br />

You can also request application forms by phone. You can call the DSA helpline on Tel 0300 200<br />

1122. Once you have filled out the form, you should post it with a cheque or postal order to: Driving<br />

St<strong>and</strong>ards Agency, PO Box 280, Newcastle Upon Tyne, NE99 1FP.<br />

More information can be found online using the following link:<br />

http://www.businesslink.gov.uk/bdotg/action/layerr.l1=1081597476&r.l2=1082103262&r.l3=108475<br />

6147&r.s=tl&topicId=1082155067<br />

Data Protection Act 1998 – Privacy Notice – Fair Processing – How we use your information<br />

Huntingdonshire District Council is registered under the Data Protection Act 1998. This allows it to process<br />

personal data in performing its lawful business. Information held by the Council, including personal data you<br />

provide now or in the future, will be processed in compliance with data protection principles. Your personal<br />

data may be used to manage, monitor, improve, deliver <strong>and</strong> promote the Council's services. Where delivery of<br />

services or actions is in partnership with others, or dependent on the actions of others, it may also be shared<br />

with other persons or bodies in accordance with, <strong>and</strong> restricted to the terms of information sharing<br />

agreements <strong>and</strong> protocols. To protect public funds it may also be shared with other persons or bodies to<br />

prevent <strong>and</strong> detect fraud. Further details are available on the Council's website<br />

www.huntingdonshire.gov.uk/privacy If you have concerns about the processing of your personal data by the<br />

Council you may contact the Data Protection Officer at Pathfinder House, Huntingdon, Cambridgeshire PE29<br />

3TN or the Office of the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9<br />

5AF.<br />

I certify that the foregoing information is, to the best of my knowledge <strong>and</strong> belief,<br />

true <strong>and</strong> I hereby authorise the Director of Legal <strong>and</strong> Democratic Services,<br />

Huntingdonshire District Council to carry out such checks as he may consider<br />

appropriate to verify the statements contained herein. I also certify that I have read<br />

<strong>and</strong> accept the schedule of conditions of licence.<br />

Signed ……………………………………………… Dated ……………………………………<br />

*Please delete as necessary<br />

5


7. DECLARATION BY LICENSED PROPRIETOR/OPERATOR<br />

(To be completed by the applicant’s prospective employer)<br />

For employees employed on or after 29th FEB 2008<br />

RIGHT TO WORK IN THE UK<br />

It is contrary to Section 15 of the Immigration, Asylum <strong>and</strong> Nationality Act 2006 to employ an adult subject to<br />

Immigration control if :<br />

a) they have not been granted leave to enter or remain in the United Kingdom, or<br />

b) their leave to enter or remain in the United Kingdom is invalid, has ceased to have effect (whether by reason<br />

of curtailment, revocation, cancellation, passage of time or otherwise), or is subject to a condition preventing<br />

them from accepting employment.<br />

Under Section 15, an employer may be liable to payment of a civil penalty for employing an illegal migrant worker not<br />

exceeding £10,000 per worker.<br />

For employees employed between 27th January 1997 <strong>and</strong> 28 February 2008 :<br />

if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the<br />

age of 16, the employer shall be guilty of an offence if ;<br />

(a)<br />

(b)<br />

the employee has not been granted leave to enter or remain in the United Kingdom; or<br />

the employee’s leave is not valid <strong>and</strong> subsisting, or is subject to a condition precluding him from taking up the<br />

employment,<br />

I HEREBY DECLARE that, should the applicant be successful in obtaining a licence, I intend<br />

to employ/engage him/her as a *<strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong>/or <strong>Private</strong> <strong>Hire</strong> Vehicle driver. I also<br />

confirm that I have read <strong>and</strong> understood the information relating to the ‘Right to Work in the<br />

UK Section’ indicated below.<br />

Signed ………………………………………………… Dated …………………………………………..<br />

Address: ………………………………………………………………………………………………………<br />

………………………………………………………………………………………………………………….<br />

Name of Company/Business*<br />

…………………………………………………………………………………………….…………………….<br />

*Please delete as necessary<br />

NOTES<br />

1. It is an offence, knowingly or recklessly, to make a false statement or to omit any material<br />

particular to the information required above.<br />

2. The penalty for such an offence is a fine up to £400 <strong>and</strong>, in addition, any person so convicted<br />

would be liable to have any licence held by him under the Town Police Clauses Act 1847 or the<br />

Local Government (Miscellaneous Provisions) Act 1976 suspended or revoked.<br />

3. When this form has been fully completed, the applicant is to contact the Council’s Licensing<br />

Office on 01480 388209 to book an appointment to attend the Council Offices, where the<br />

application form is to be submitted for checking along with a passport sized photograph. During this<br />

appointment you will be required to complete an application form for a Criminal Records Bureau<br />

Check as explained in the Section 1 , paragraph 5 of the Contents list in the <strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong><br />

<strong>Private</strong> <strong>Hire</strong> <strong>Driver</strong> Licence <strong>Application</strong> <strong>Pack</strong>.<br />

6


8. CERTIFICATE OF EXAMINATION (For Official Use Only)<br />

(To be completed only by the Examining Officer)<br />

CHECKS<br />

OFFICERS REMARKS<br />

Driving Licence Details to be<br />

record from Counterpart Licence<br />

DRIVING LICENCE NO:<br />

Valid From:<br />

Remarks:<br />

to<br />

Driving Assessment/DSA pass<br />

Knowledge of Conditions<br />

Geographical Knowledge Test<br />

Criminal Record Bureau Check<br />

CRB NO:<br />

DATE ISSUED:<br />

Remarks<br />

Previous <strong>Hackney</strong> of <strong>Private</strong> <strong>Hire</strong><br />

Employment<br />

Examining Officer’s<br />

Recommendations<br />

DATE:<br />

SIGNED:<br />

7


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8


4<br />

MEDICAL CERTIFICATE ASSOCIATED WITH APPLICATION FOR<br />

A LICENCE TO DRIVE A HACKNEY CARRIAGE OR PRIVATE HIRE VEHICLE TO<br />

DVLA GROUP II STANDARDS<br />

APPLICANT DETAILS<br />

Surname: ………………………………….. Forenames: …………………………………......<br />

Address: ………………………………………………………………………………………….<br />

………………………………………………. Postcode: ……………………………………….<br />

Tel No: ……………………………………………………<br />

Date of Birth: …………………………………………….<br />

NOTE (1)<br />

NOTE (2)<br />

NOTE (3)<br />

NOTE (4)<br />

This certificate is for the confidential use of the Licensing Authority <strong>and</strong><br />

Medical Practitioners are asked to be good enough to forward it under<br />

cover to the address overleaf. Any fee charged is payable direct by the<br />

applicant to the medical practitioner.<br />

The criteria are those contained within ‘Medical St<strong>and</strong>ards of Fitness to<br />

Drive’ Group 2 entitlement, published by DVLA.<br />

The st<strong>and</strong>ard of acuity of vision is considered unsatisfactory if it is below<br />

6/9 with one eye <strong>and</strong> 6/12 with the other eye, with correction if required.<br />

Uncorrected acuity must be at least 3/60 in each eye.<br />

A licensee is examined:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

on first applying for a hackney carriage or private hire vehicle<br />

licence;<br />

on reaching the age of 55 years;<br />

on reaching the age of 60 years;<br />

on reaching the age of 65 years <strong>and</strong> thereafter annually;<br />

The report on such examination must be produced.<br />

1 of 3


Is this applicant to the best of your<br />

judgement, subject to epilepsy, diabetes,<br />

vertigo, sudden attacks of disabling<br />

giddiness or fainting or any mental disorder<br />

or defect likely to affect his/her efficiency as<br />

a driver of a hackney carriage or private hire<br />

vehicle<br />

Does he/she suffer from any heart or lung<br />

disorder or defect which might interfere with<br />

the efficient performance of his/her duties as<br />

a hackney carriage or private hire vehicle<br />

driver<br />

Are the blood pressure readings – both<br />

Systolic <strong>and</strong> Diastolic – normal, having<br />

regard to the applicant’s age If not, do you<br />

consider that the abnormal blood pressure<br />

would be likely to affect his/her<br />

competence as a hackney carriage or<br />

private hire vehicle driver<br />

Visual acuity –<br />

Give acuity of vision by Snellens<br />

Test type with <strong>and</strong> without glasses<br />

<strong>and</strong> answer the following:<br />

(i) was the test conducted with<br />

the applicant’s own glasses,<br />

or;<br />

(ii) Have suitable glasses been<br />

prescribed<br />

(iii) do you consider that the<br />

applicant should wear<br />

glasses<br />

(iv) is the applicant’s field of<br />

vision by h<strong>and</strong> test<br />

satisfactory<br />

(v) does the applicant suffer from<br />

any other visual defect which<br />

could affect his fitness to<br />

drive a motor vehicle (Note<br />

3)<br />

Is there any defect of hearing If so, do you<br />

consider that it would interfere with the<br />

efficient performance of the applicant’s<br />

duties as a hackney carriage or private hire<br />

driver<br />

Has the applicant any deformity or loss of<br />

limbs If so could it interfere with the<br />

efficient performance of his/her duties as a<br />

hackney carriage or private hire vehicle<br />

driver<br />

Reply to be written in this column<br />

R……………………..<br />

Uncorrected acuity<br />

R……………………..<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

L………………<br />

L………………<br />

2 of 3


Is the applicant taking any medication which<br />

could affect their fitness to drive<br />

Does the applicant show any evidence of<br />

excessive or addictive use of alcohol or<br />

drugs<br />

Is the applicant in your opinion suitable both<br />

in temperament <strong>and</strong> mental health to be<br />

able to discharge the duties of a hackney<br />

carriage <strong>and</strong> private hire driver<br />

Is there any abnormality present that is not<br />

covered by the above questions<br />

Do you consider further examination<br />

necessary If so, in what period of time<br />

DATA PROTECTION ACT 1998 – PRIVACY NOTICE – FAIR PROCESSING – How we use your information<br />

Huntingdonshire District Council is registered under the Data Protection Act 1998. This allows it to process<br />

personal data in performing its lawful business. Information held by the Council, including personal data you<br />

provide now or in the future, will be processed in compliance with data protection principles. Your personal<br />

data may be used to manage, monitor, improve <strong>and</strong> promote the Council’s services. Where delivery of services<br />

or actions is in partnership with others, or dependent on the actions of others, it may also be shared with other<br />

persons or bodies in accordance with, <strong>and</strong> restricted to the terms of information sharing agreements <strong>and</strong><br />

protocols. To protect public funds it may also be shared with other persons or bodies to prevent <strong>and</strong> detect<br />

fraud.<br />

Further details are available on the Council’s website www.huntingdonshire.gov.uk/privacy. If you have<br />

concerns about the processing of your personal data by the Council you may contact the Data Protection Officer<br />

at Huntingdonshire District Council, Pathfinder House, St Mary’s Street, Huntingdon, Cambridgeshire, PE29<br />

3TN or the Office of the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9<br />

5AF<br />

I CERTIFY, that I have this day examined ………………………………………………………<br />

The answers to the foregoing questions are correct to the best of my knowledge <strong>and</strong><br />

belief <strong>and</strong> I consider the applicant FIT/UNFIT* to act as a driver of a hackney carriage or<br />

private hire vehicle.<br />

Signature of qualified <strong>and</strong> Registered Medical Practitioner<br />

………………………………………………………………………………………………………<br />

Date of examination: ……………………………………………………<br />

Address:<br />

………………………………………………………………………………………<br />

………………………………………………………………………………………<br />

………………………………………………………………………………………<br />

SEND TO:<br />

Head of Legal & Democratic Services, Huntingdonshire District<br />

Council, Pathfinder House, St. Mary’s Street, Huntingdon, Cambs<br />

PE29 3TN<br />

3 of 3


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5<br />

GUIDANCE NOTES - APPLICATION FOR A CRIMINAL RECORDS BUREAU CHECK<br />

AND PROVISION OF A STATEMENT OF GOOD CONDUCT<br />

1. REASON FOR CHECK<br />

CRIMINAL RECORDS BUREAU CHECK<br />

It is a requirement that all applicants for the grant of a <strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong><br />

<strong>Private</strong> <strong>Hire</strong> driver's licence <strong>and</strong> all existing drivers undergo a Criminal Records<br />

Bureau (CRB) Check at three yearly intervals. This is known as a disclosure.<br />

The disclosure will reveal any convictions that are recorded against the applicant<br />

<strong>and</strong> will assist in establishing whether they are a “fit <strong>and</strong> proper person” to be the<br />

holder of a licence.<br />

2. HOW TO OBTAIN A CRB CHECK<br />

Disclosure forms are held by Huntingdonshire District Council. To obtain a<br />

disclosure <strong>and</strong> complete an application form, you must make an<br />

appointment to attend the Licensing Office at the District Council offices, by<br />

telephoning 01480 387075.<br />

The CRB requires that your identity is confirmed by supporting documentation,<br />

details of which are entered on the form. The acceptable combination of identity<br />

documents are shown below at item 3. The documents must be in your<br />

possession when attending the Licensing Office.<br />

The CRB currently charges £44.00 for a disclosure, this is payable by the<br />

applicant. The Council is required to hold an account with the CRB <strong>and</strong> is charged<br />

for disclosure applications. Applicants will therefore have to be in a position to pay<br />

the Council the disclosure fee when attending these offices to complete the<br />

application.<br />

Please note that the charge of £44.00 for a CRB Check is not part of the<br />

licence fee for a hackney carriage/private hire driver’s licence.<br />

3. DOCUMENTS TO CONFIRM IDENTITY<br />

Proving your identity – the documents you will need<br />

You’ll need to prove your identity as part of your application. You’ll have to provide<br />

documents that confirm:<br />

<br />

<br />

<br />

Your name<br />

Date of birth<br />

Current address<br />

You must provide original documentation. Photocopies or documents printed from<br />

the internet for example, internet banking statements, will not be accepted. You<br />

need to show at least three documents as shown below.<br />

You must provide one of the following documents:


Passport<br />

Driving licence (UK)<br />

birth certificate (UK <strong>and</strong> Channel Isl<strong>and</strong>s) - issued within 12 months of date<br />

of birth – full or short form acceptable including those issued by UK<br />

authorities overseas, such as Embassies, High Commissions <strong>and</strong> HM Forces<br />

ID card for foreign nationals<br />

EU National ID card<br />

HM Forces ID card (UK)<br />

firearms license (UK)<br />

adoption certificate (UK <strong>and</strong> Channel Isl<strong>and</strong>s)<br />

something that will show your National Insurance number – e.g.<br />

correspondence form HMRC, NI card, pay slip<br />

Please note, if you can’t provide any of the documents above, you must provide<br />

five from the list below.<br />

You must also provide two of the following:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

marriage/civil partnership certificate<br />

bank/building society statement*<br />

credit card statement*<br />

P45/P60 statement**<br />

National Insurance card<br />

NHS card (UK & Channel Isl<strong>and</strong>s)<br />

insurance certificate**<br />

exam certificate e.g. GCSE, NVQ, O levels, degree<br />

Connexions card; including those cards carrying the PASS accreditation logo<br />

(UK <strong>and</strong> Channel Isl<strong>and</strong>s)<br />

General Medical Council certificate<br />

benefit statement* - e.g. child allowance, pension<br />

document from central/local government/government agency/local authority<br />

giving entitlement to benefits, e.g. to state benefits, housing benefit<br />

replacement birth certificate, e.g. a certificate not issued within 12 months of<br />

birth<br />

vehicle registration document (document V5 old style <strong>and</strong> V5C new style only)<br />

documentation issued by court services*<br />

letter from a head teacher*<br />

store card statement *


utility bill* - electricity, gas, water, telephone – including mobile phone<br />

contract/bill<br />

addressed pay slip*<br />

mail order catalogue statement*<br />

financial statement ** e.g. pension, endowment, ISA<br />

council tax bill for current year (UK <strong>and</strong> Channel Isl<strong>and</strong>s)**<br />

court claim form** (UK)<br />

TV license**<br />

mortgage statement **<br />

work permit/visa (UK) **<br />

<br />

<br />

CRB, Disclosure Scotl<strong>and</strong> <strong>and</strong> ISA Certificate (UK)**<br />

one of the following documents from the United Kingdom Border Agency<br />

(UKBA) (formerly the BIA Borders & Immigration Agency) & Immigration &<br />

Nationality Directorate (IND) Do not use more than one of the following<br />

documents: Convention Travel Document (CTD) - Blue; Stateless Person’s<br />

Document (SPD) - Red; Certificate of Travel (CIT) - Brown;<br />

Asylum\<strong>Application</strong> Registration Card (ARC)<br />

Documents with 1* must have been issued within three months of your application<br />

date<br />

Documents with 2 ** must have been issued within 12 months of your application<br />

date<br />

Documents without a * can be more than 12 months old but must still be valid<br />

What to do if you have spent time abroad<br />

If you have lived outside of the UK over the last five years, you will need to provide<br />

your overseas address (or addresses).<br />

If you are applying for a CRB check <strong>and</strong> currently live abroad, you can use the<br />

correspondence address of whoever asked for your check, probably your<br />

employer. Please enter this as your main address on the application form. You<br />

must also enter the address where you live in the ‘other addresses’ section on the<br />

application form.<br />

4. WHO WILL RECEIVE YOUR DISCLOSURE WHEN RETURNED FROM THE<br />

CRB<br />

You will receive your Disclosure in the post. A copy of the Disclosure will also be<br />

sent to the District Council, which has been registered by the CRB, <strong>and</strong> as such,<br />

has agreed to comply with the Code of Practice.<br />

If a Disclosure is received by the Council, that may prejudice your application or<br />

affect your existing licence, you will be contacted by the Council.


5. WHEN WILL I RECEIVE MY DISCLOSURE<br />

The CRB aims to process 90% of Enhanced Disclosure applications within three<br />

weeks of the CRB receiving the completed application form, together with any<br />

additional information requested.<br />

6. HOW DO I KNOW THAT THE INFORMATION CONTAINED ON MY<br />

DISCLOSURE WILL BE KEPT CONFIDENTIAL<br />

The District Council will comply with the CRB Code of Practice to make sure the<br />

whole process works fairly.<br />

Under the provisions of the Code, sensitive personal information must be h<strong>and</strong>led<br />

<strong>and</strong> stored appropriately <strong>and</strong> must be kept for only as long as it is necessary. It is<br />

then shredded. The Code of Practice is published on the Disclosure Website, or<br />

you can request a copy from the District Council.<br />

7. WHAT IF I HAVE A CRIMINAL RECORD<br />

Safeguards <strong>and</strong> guidelines have been introduced to ensure that conviction<br />

information is not misused. The Code of Practice for Registered persons <strong>and</strong><br />

other recipients of Disclosure information will govern Registered Bodies’ conduct<br />

<strong>and</strong> prevent abuse of the system.<br />

The CRB is working with a number of organisations, such as the Chartered<br />

Institute of Personnel <strong>and</strong> Development (CIPD) <strong>and</strong> the National Association for<br />

the Care <strong>and</strong> Resettlement of Offenders (Nacro), who have produced guidance<br />

information for employers on this matter. Information can be obtained from the<br />

Disclosure website. Having a criminal record will not necessarily bar you from<br />

holding a licence.<br />

8. CAN I CHALLENGE THE INFORMATION ON MY DISCLOSURE IF IT IS<br />

INCORRECT<br />

Yes. If you think that any information contained on your Disclosure is incorrect,<br />

please contact the Disclosure dispute line on 0870-90-90-778 immediately <strong>and</strong><br />

ask about the dispute process.<br />

9. FOR HOW LONG WILL A DISCLOSURE BE VALID<br />

Each Disclosure will show the date on which it was issued. For the purposes of<br />

the initial application a disclosure will only be valid for a period of 3 months<br />

from the date of issue, therefore an application for a drivers licence must be<br />

processed within this time frame. Should this not be the case a further<br />

disclosure will be required. Licensed drivers are required to undergo a further<br />

disclosure application every 3 years<br />

.


10. Statement of Good Conduct<br />

STATEMENT OF GOOD CONDUCT<br />

In addition to the CRB disclosure, persons who have worked or have been<br />

resident overseas in the 5 years preceding the date of application for their<br />

hackney carriage/private hire driver’s licence are required to provide a statement<br />

of good conduct in English covering this period. This statement is provided by<br />

either the relevant Embassy or Police Force in the Country of Residence <strong>and</strong> must<br />

be arranged, supplied <strong>and</strong> paid for by the applicant.


6<br />

Declaration of previous convictions<br />

1. When submitting an application for a licence to drive hackney carriages <strong>and</strong> private hire vehicles<br />

you must declare all convictions, both criminal (including any official cautions or warnings issued by<br />

the Police or any other Regulatory Body) <strong>and</strong> motoring, together with details of any fixed penalty<br />

tickets for moving road traffic offences. The information you give will be treated in confidence <strong>and</strong><br />

will only be used when considering your application.<br />

2. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 was amended by the<br />

Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002 (SE2002/441). The<br />

effect of this order has been to add “taxi drivers” (hackney carriage <strong>and</strong> private hire drivers) to the<br />

list of “excepted occupations”. This means that you must disclose ALL previous convictions for<br />

ANY offences <strong>and</strong> not just those which are “spent” under the terms of the Rehabilitation of<br />

Offences Act 1974.<br />

3. You should be aware that the District Council is empowered in law to check with the Criminal<br />

Records Bureau for the existence <strong>and</strong> content of any criminal record held in the name of an<br />

applicant. Information received from the Criminal Records Bureau will be kept in strict confidence<br />

while the licensing process takes its course <strong>and</strong> will be retained for no longer than is necessary.<br />

4. The disclosure of a criminal record or other information will not stop you from gaining a licence<br />

unless the District Council’s Licensing Panel considers that the conviction(s) renders you not a “fit<br />

<strong>and</strong> proper person” under the Licensing legislation. In making this decision the District Council will<br />

refer to its guidelines relating to the relevance <strong>and</strong> treatment of convictions <strong>and</strong> consider the nature<br />

of the offence, how long ago the offence took place <strong>and</strong> what age you were when it was committed<br />

<strong>and</strong> any other factors which may be relevant. Should you be refused a driver’s licence on the<br />

grounds that you are not a fit <strong>and</strong> proper person to hold such a licence you will have a right of<br />

appeal to a Magistrates’ Court.<br />

5. If you would like to discuss this matter please telephone the Licensing Office, on (01480) 388209, in<br />

confidence, for advice.<br />

CRIMINAL RECORDS BUREAU CHECK<br />

All applicants for licences are now checked through the Criminal Records Bureau. Please see the<br />

separate information on how to make application.<br />

DATA PROTECTION ACT 1998 – PRIVACY DISCLAIMER – FAIR PROCESSING – How we use your<br />

information<br />

Huntingdonshire District Council is registered under the Data Protection Act 1998. This allows it to process<br />

personal data in performing its lawful business. Information held by the Council, including personal data you<br />

provide now or in the future, will be processed in compliance with data protection principles. Your personal<br />

data may be used to manage, monitor, improve <strong>and</strong> promote the Council’s services. Where delivery of services<br />

or actions is in partnership with others, or dependent on the actions of others, it may also be shared with other<br />

persons or bodies in accordance with, <strong>and</strong> restricted to the terms of information sharing agreements <strong>and</strong><br />

protocols. To protect public funds it may also be shared with other persons or bodies to prevent <strong>and</strong> detect<br />

fraud.<br />

Further details are available on the Council’s website www.huntingdonshire.gov.uk/privacy. If you have<br />

concerns about the processing of your personal data by the Council you may contact the Data Protection Officer<br />

at Huntingdonshire District Council, Pathfinder House, St Mary’s Street, Huntingdon, Cambridgeshire, PE29<br />

3TN or the Office of the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9<br />

5AF<br />

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7<br />

HACKNEY CARRIAGE AND PRIVATE HIRE<br />

VEHICLE DRIVERS<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

REVISED APRIL 2010


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TOWN POLICE CLAUSES ACT 1847 & LOCAL GOVERNMENT<br />

(MISCELLANEOUS PROVISIONS) ACT 1976<br />

HACKNEY CARRIAGE /PRIVATE HIRE VEHICLE DRIVERS<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

1. INTRODUCTION<br />

2. HIRE<br />

In these conditions, unless the subject or context otherwise requires, “the<br />

Council” means the Council of the District of Huntingdonshire, the District shall<br />

mean the District of Huntingdonshire District Council, the “driver” means a<br />

person holding <strong>and</strong> acting in accordance with a <strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong> <strong>Private</strong><br />

<strong>Hire</strong> Vehicle <strong>Driver</strong>’s Licence issued by the Council <strong>and</strong> “the vehicle” means a<br />

hackney carriage or private hire vehicle licensed by the Council.<br />

Words importing the masculine, feminine or neuter genders <strong>and</strong> any body of<br />

persons corporate or incorporate shall be deemed <strong>and</strong> taken to include all or<br />

any of the masculine, feminine <strong>and</strong> neuter genders <strong>and</strong> any body of persons<br />

corporate or incorporate <strong>and</strong> the singular shall include the plural <strong>and</strong> the plural<br />

the singular unless the contrary as to gender or number is expressly provided<br />

or unless the same is inconsistent with the context.<br />

It is a criminal offence to drive either a hackney carriage or private hire vehicle<br />

without having a hackney carriage/private hire driver’s licence. This also<br />

applies when a vehicle is being used for social or domestic purposes. Once,<br />

licensed the vehicle remains a licensed vehicle for the duration of the licence,<br />

<strong>and</strong> can only be driven by a licensed hackney carriage/ private hire driver.<br />

(1) A driver when plying for hire in a hackney carriage vehicle in any<br />

street <strong>and</strong> not actually hired shall:-<br />

(a)<br />

(b)<br />

(c)<br />

on arriving at a st<strong>and</strong> go to the head of the st<strong>and</strong> if it is empty or<br />

if it is not already occupied by the full number of vehicles<br />

authorised to occupy it, station the vehicle immediately behind<br />

the vehicle or vehicles on the st<strong>and</strong> so that they face in the<br />

same direction;<br />

from time to time when any other vehicle immediately in front is<br />

driven off or moved forward, cause the vehicle to be moved<br />

forward so as to fill the place previously occupied by the vehicle<br />

driven off or moved forward;<br />

remain with the vehicle <strong>and</strong> be ready to be hired at once by any<br />

person when his vehicle is the first or second vehicle on the<br />

st<strong>and</strong>.<br />

(2) The driver shall not by calling out or otherwise importune any person<br />

to hire the vehicle which he is using <strong>and</strong> shall not make use of the<br />

services of any other person for such purpose.


(3) The driver shall when st<strong>and</strong>ing, plying or driving for hire, wear the<br />

badge provided, in such a place <strong>and</strong> manner as to be plainly <strong>and</strong><br />

distinctly visible.<br />

(4) The driver who has agreed to be or has been hired to be in<br />

attendance with a vehicle at an appointed time <strong>and</strong> place, shall,<br />

unless delayed or prevented by some sufficient cause, punctually<br />

attend with such vehicle at such appointed time <strong>and</strong> place.<br />

(5) The driver of a private hire vehicle shall:-<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

not tout or solicit on a road or other public place any person<br />

to hire or be carried in his vehicle;<br />

not offer the vehicle for immediate hire whilst the driver is on<br />

a road or other public place;<br />

before the commencement of a journey, confirm the<br />

passenger’s name <strong>and</strong> destination. The driver shall confirm<br />

the fare before the commencement of the journey unless a<br />

sealed taximeter, which has been approved by the Council, is<br />

used in the vehicle.<br />

When not engaged in a pre-arranged booking, must not park<br />

his vehicle in such a position or location on the public<br />

highway so as to give the impression to members of the<br />

public that the vehicle is available for immediate hire. Public<br />

highway means any highway <strong>and</strong> any other road to which the<br />

public has access <strong>and</strong> includes bridges over which a road<br />

passes.<br />

When undertaking a journey that requires the collection or<br />

delivery of passengers beyond the boundaries of<br />

Huntingdonshire District Council shall return to District once<br />

the journey has been completed, unless the driver is<br />

immediately allocated or has prior booking for another<br />

journey outside of the District which he immediately<br />

undertakes.<br />

3. CONDUCT OF DRIVER<br />

The driver shall:-<br />

(1) at all times be clean <strong>and</strong> respectable in his dress <strong>and</strong> person <strong>and</strong><br />

behave in a civil <strong>and</strong> orderly manner;<br />

(2) treat all passengers with politeness <strong>and</strong> courtesy;<br />

(3) take all reasonable steps to ensure the safety of passengers entering,<br />

conveyed in or alighting from the vehicle driven by him;


(4) convey a reasonable quantity of passengers’ luggage, giving<br />

passengers assistance with this to or from the entrance of any building,<br />

station or place at which he may take up or set down passengers;<br />

(5) not without the express consent of the hirer, eat or drink in the vehicle;<br />

(6) not without the express consent of the hirer play any radio or sound<br />

reproducing instrument or equipment in the vehicle other than for the<br />

purpose of sending or receiving messages in connection with the<br />

operation of the vehicle;<br />

(7) at no time cause or permit the noise emitted by any radio or other<br />

previously mentioned equipment in the vehicle which he is driving to be<br />

a source of nuisance or annoyance to any person, whether inside or<br />

outside the vehicle;<br />

(8) At no time discard litter on to the highway. All litter shall be deposited<br />

in appropriate receptacles.<br />

4. CARRIAGE OF PASSENGERS<br />

5. ROUTES<br />

(1) The driver shall not convey or permit to be conveyed in the vehicle a<br />

greater number of persons than that prescribed in the licence for the<br />

vehicle.<br />

(2) The driver shall not without the consent of the hirer of the vehicle<br />

convey or permit to be conveyed any other person in that vehicle.<br />

(3) The driver is to ensure that a disabled person in a wheelchair shall be<br />

permitted to hire any hackney carriage licensed by the Council that is<br />

specifically constructed or adapted so as to be suitable for carrying<br />

passengers in wheelchairs at any designated taxi rank in the district<br />

regardless of that person’s position in any queue at the rank <strong>and</strong> the<br />

position of the vehicle on the rank.<br />

The driver when hired to drive to any particular destination shall, subject to any<br />

directions given by the hirer, proceed to that destination by the shortest available<br />

route.<br />

6. TAXIMETER<br />

The driver of a hackney carriage shall:-<br />

(1) when st<strong>and</strong>ing or plying for hire, keep the meter of the vehicle locking in<br />

the position in which no fare is recorded on the face of the taximeter;<br />

(2) as soon as the vehicle is hired <strong>and</strong> before commencing the journey,<br />

bring the machinery of the taximeter into action until the termination of<br />

the hiring. The sign bearing the words “FOR HIRE” shall be operated


so that these are not legible by persons outside the carriage as soon as<br />

the carriage is hired;<br />

(3) ensure, during the continuance of any hiring, that the display of the fare<br />

on the taximeter is not concealed in any manner or by any means <strong>and</strong><br />

that such display is distinctly <strong>and</strong> plainly visible <strong>and</strong> legible to any<br />

person hiring or being conveyed in the vehicle;<br />

(4) cause the display of the fare on the taximeter to be kept properly<br />

illuminated throughout the hiring;<br />

(5) report immediately to the Council any failure of the taximeter;<br />

(6) not tamper with or permit any person to tamper with the taximeter, with<br />

the fittings thereof or with the seals affixed thereto.<br />

Where a taximeter is an item of equipment in a private hire vehicle, the driver<br />

shall use the taximeter in a similar fashion to that in a hackney carriage, bringing<br />

the taximeter into action when the journey begins.<br />

7. FARE<br />

8. SIGNS<br />

(1) The driver of a hackney carriage shall not require for a journey a fare<br />

greater than that authorised by the Table of Fares in force within the district<br />

in respect of hackney carriages.<br />

(2) The driver of a private hire vehicle in which a taximeter is installed shall not<br />

require for a journey a fare greater than that shown in the Table of Fares<br />

by the private hire operator <strong>and</strong> approved by the Council. Where a journey<br />

is carried out under an agreement with the hirer (a contract of hire) the<br />

driver shall not require a fare greater than that which was agreed upon<br />

prior to the journey commencing.<br />

(3) The driver shall not wilfully or negligently cause or suffer the Fare Table<br />

fixed upon the vehicle to be inverted or detached or altered or the letters or<br />

figures on such Table to be in any manner or by any means concealed at<br />

any time.<br />

(4) The driver shall not use a hackney carriage in a district under a contract or<br />

purported contract of private hire except at a rate of fares or charges not<br />

greater than that fixed by the Table of Fares. (Such contract must be made<br />

otherwise than with or through the driver of the relevant hackney carriage<br />

vehicle which it is plying for hire or waiting at a st<strong>and</strong> for hackney<br />

carriages.)<br />

(5) The driver shall, if required by the hirer, provide a written receipt for the<br />

fare paid.<br />

The driver shall:-


(1) Not wilfully or negligently cause to suffer the licence number marked on a<br />

vehicle or the licence plate <strong>and</strong> in the case of a hackney carriage the<br />

“TAXI” sign attached to the vehicle, to be concealed from the public view or<br />

to be so defaced that any figure or material particular is illegible;<br />

(2) When driving a hackney carriage ensure that the “TAXI” sign attached to<br />

the vehicle is illuminated when the vehicle is available for hire but not any<br />

other time.<br />

9. DEPOSIT OF DRIVER’S LICENCE<br />

A driver who is permitted or employed to drive a vehicle of which they are not the<br />

Proprietor shall, before commencing to drive that vehicle, deposit their hackney<br />

carriage/private hire vehicle driver’s licence with the proprietor or the hackney<br />

carriage or private hire operator for their retention by the proprietor of the hackney<br />

carriage or private hire operator until such time as the driver ceases to be<br />

permitted or employed to drive the vehicle.<br />

10. PROPERTY ACCIDENTALLY LEFT IN VEHICLE<br />

(1) The driver of a vehicle shall immediately after termination of any hiring or<br />

as soon as practicable thereafter carefully search the vehicle for any<br />

property which may have been accidentally left therein<br />

(2) The driver of a vehicle shall, if any property accidentally left therein by any<br />

person who may have been conveyed in the vehicle be found by or h<strong>and</strong>ed<br />

to him:-<br />

(a)<br />

(b)<br />

Carry it as soon as possible <strong>and</strong> in any event within 48 hours if not<br />

sooner claimed by or on behalf of its owner, to the office of the<br />

Council, <strong>and</strong> leave it in the custody of the District Administrator or<br />

his representative on his/her giving a receipt for it;<br />

Be entitled to receive from any person to whom the property shall be<br />

re-delivered an amount equal to five pence in the pound of its<br />

estimated value (or the fare for the distance from the place of finding<br />

to the office of the Council, whichever be the greater) not more than<br />

five pounds.<br />

11. CONVICTIONS<br />

The driver shall notify the council in writing within seven days of any offence for<br />

which he has been convicted whether for criminal or motoring offences including<br />

any official cautions <strong>and</strong> warnings.<br />

12. CHANGE OF PERSONAL DETAILS<br />

The driver shall notify the Council in writing of any change of name, or address<br />

or telephone/mobile number, during the period of the licence, within seven<br />

days of the change taking place


13. RETURN OF BADGE<br />

The driver shall upon revocation or suspension of his licence, return the licence<br />

<strong>and</strong> driver’s badge to the Council, when instructed to do so by the Council.<br />

14. SMOKE FREE VEHICLES<br />

15. ANIMALS<br />

(1) The Health Act 2006 (Smokefree legislation) requires drivers of hackney<br />

carriages <strong>and</strong> private hire vehicles to ensure that their vehicles remain<br />

smokefree at all times, even when the vehicle is not being used for<br />

licensed purposes.<br />

(2) The law applies to anything that can be smoked. This includes<br />

cigarettes, pipes (including water pipes such as shisha <strong>and</strong> hookah pipes)<br />

cigars <strong>and</strong> herbal cigarettes.<br />

(3) <strong>Driver</strong>s are to ensure that the appropriate no smoking sign is prominently<br />

displayed in each compartment of the vehicle in which people can be<br />

carried.<br />

(4) Failure to comply with the requirements of the aforementioned Act will be<br />

a criminal offence.<br />

(1) The driver shall not convey in a vehicle any animal belonging to or in the<br />

custody of himself, or the Proprietor or operator of the vehicle. Any<br />

animal belonging to or in the custody of any passenger, which at the<br />

driver’s discretion may be conveyed in the vehicle, shall only be<br />

conveyed in the rear of the vehicle.<br />

(2) The carrying of a blind person’s guide dog shall not be at the driver’s<br />

discretion <strong>and</strong> such a dog accompanying a blind person must be<br />

conveyed at no extra charge .<br />

16. CONVEYANCE OF DEAD BODY<br />

A driver in whose vehicle a passenger dies shall notify forthwith the Council’s<br />

Assistant Director of Environmental Health that a dead body had been conveyed<br />

in his vehicle.<br />

17. FITNESS OF DRIVER<br />

(1) A medical certificate, signed by a medical practitioner practising in the<br />

United Kingdom, shall be produced at the time of the initial application<br />

for the licence to confirm that the applicant is fit to be a driver licensed<br />

by the Council. Further medical certifications to verify the driver’s<br />

continued fitness shall be produced by the driver on reaching the age<br />

of 55, 60 <strong>and</strong> 65 years <strong>and</strong> thereafter annually.


(2) The driver of a vehicle must inform the Council without delay about the<br />

onset or worsening of any health condition likely to cause him/her to<br />

be a source of danger to the public when driving either at that time or<br />

in the future. Examples are giddiness, fainting, blackouts, epilepsy,<br />

strokes, multiple sclerosis, Parkinson’s disease, heart disease,<br />

angina, “coronaries”, high blood pressure, arthritis, mental illness,<br />

alcoholism, drug-taking <strong>and</strong> loss of limb or loss of use of limb. This list<br />

is not comprehensive of all disabilities that must be reported. <strong>Driver</strong>s<br />

who are in doubt about whether or not their health condition is one<br />

which should be reported should consult their doctor.<br />

18. FITNESS OF VEHICLE<br />

Before commencement of duty a driver shall ensure that:-<br />

(1) The vehicle is licensed in accordance with the Council’s regulations;<br />

(2) The vehicle is correctly insured as required by the Road Traffic Act;<br />

(3) The vehicle is in a fit <strong>and</strong> proper condition to be used as a vehicle<br />

licensed to convey members of the public. The drivers is to ensure that<br />

the vehicle is clean <strong>and</strong> mechanically sound, paying particular attention<br />

to lights, indicators, tyres <strong>and</strong> brakes.<br />

(4) All defects which affect the serviceability <strong>and</strong> performance of the vehicle<br />

must be reported immediately to the vehicle proprietor <strong>and</strong>/or operator for<br />

immediate action.<br />

19. WEARING OF SEAT BELTS<br />

(1) The requirement under the Motor Vehicles (Wearing of Seat Belts)<br />

Regulations 1993 for a driver to wear a seat belt does not apply to a<br />

person who is:-<br />

(a)<br />

(b)<br />

Driving the vehicle whilst performing a manoeuvre which includes<br />

reversing;<br />

The driver of:-<br />

(i)<br />

(ii)<br />

A hackney carriage which is being used for seeking hire, or<br />

answering a call for hire, or carrying a passenger for hire, or<br />

A private hire vehicle which is being used to carry a passenger<br />

for hire.<br />

(2) A driver of a hackney carriage can claim exemption from the Regulations<br />

whilst plying for hire, answering a call for hire or carrying passengers for<br />

hire. However, this does not include driving to <strong>and</strong> from his home, office<br />

or base or at any time when he is not plying for hire.<br />

(3) A driver of a private hire vehicle can only claim exemption whilst a


passenger is actually being carried for hire <strong>and</strong> not whilst he is driving to<br />

collect that passenger.<br />

20. ADVERTISEMENTS<br />

The driver of a vehicle shall not place or suffer to be placed any printed, written or<br />

other matter by way of advertisement on any part of the vehicle.<br />

21. DURATION OF LICENCE<br />

The <strong>Hackney</strong> <strong>Carriage</strong> <strong>and</strong> <strong>Private</strong> <strong>Hire</strong> Vehicle <strong>Driver</strong>’s Licence may be renewed<br />

for a period of twelve months (the licensing period) <strong>and</strong> shall remain in force<br />

unless suspended or revoked during the licensing period.<br />

22. COMPLAINTS<br />

The driver shall report to the proprietor or private hire operator any complaints<br />

made by passengers.<br />

23. RIGHT OF APPEAL<br />

Under Section 52 of the Local Government (Miscellaneous Provisions) Act 1976,<br />

any person aggrieved by the refusal of the Council to grant a <strong>Driver</strong>’s Licence or<br />

any conditions attached to the grant of a <strong>Driver</strong>’s Licence may appeal to a<br />

Magistrates Court.<br />

NOTE: FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT IN<br />

THE COMMENCEMENT OF CRIMINAL PROCEEDINGS, AND/OR IN THE<br />

SUSPENSION OR REVOCATION OF AN EXISTING LICENCE, OR IN THE<br />

REFUSAL TO ISSUE A NEW LICENCE.


8<br />

HACKNEY CARRIAGE VEHICLE<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

REVISED NOVEMBER 2008


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HUNTINGDONSHIRE DISTRICT COUNCIL - HACKNEY CARRIAGE VEHICLE<br />

LICENCE SCHEDULE OF CONDITIONS OF LICENCE<br />

1. INTRODUCTION<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

Pursuant to provisions of the Town Police Clauses Act 1847 <strong>and</strong> Section<br />

47(1) of the Local Government (Miscellaneous Provisions) Act 1976<br />

(hereinafter referred to as the 1847 Act <strong>and</strong> 1976 Act), Huntingdonshire<br />

District Council has made st<strong>and</strong>ard conditions which will apply to all <strong>Hackney</strong><br />

<strong>Carriage</strong>s which are required to be licensed under Section 37 of the 1847 Act.<br />

The legislation relating to hackney carriages is contained within the 1847 Act<br />

<strong>and</strong> 1976 Act.<br />

Further, <strong>and</strong> in accordance with section 47(1) of the 1976 Act, the Council<br />

may attach to the grant of a hackney carriage vehicle licence such conditions<br />

as it may consider reasonable necessary.<br />

It is a criminal offence to use a hackney carriage within the Huntingdonshire<br />

District without having a hackney carriage Vehicle Licence.<br />

STANDARD CONDITIONS<br />

2. INTERPRETATION<br />

(a)<br />

For the purpose of these St<strong>and</strong>ard Conditions, the following expressions shall<br />

have the meanings hereby assigned to them:-<br />

(i) the expressions "proprietor <strong>and</strong> licensee" shall mean the individual who is<br />

granted <strong>and</strong> holds a <strong>Hackney</strong> <strong>Carriage</strong> Vehicle Licence<br />

(ii) the expression "the Council" shall mean Huntingdonshire District Council,<br />

Pathfinder House, St Mary’s Street, Huntingdon, Cambridgeshire, PE29<br />

3TN <strong>and</strong> shall include its duly authorised officers;<br />

(iii) words importing the masculine, feminine or neuter genders <strong>and</strong> any body<br />

of persons corporate or incorporate shall be deemed <strong>and</strong> taken to include<br />

all or any of the masculine, feminine <strong>and</strong> neuter genders <strong>and</strong> any body of<br />

inconsistent with the context.<br />

p<br />

(b)<br />

The headings in these St<strong>and</strong>ard Conditions are provided for ease of<br />

reference only <strong>and</strong> are not to be construed as qualifying, limiting, aiding or<br />

otherwise affecting the interpretation of the said conditions or any of them.<br />

3. PENALTIES<br />

3


If any of these conditions are not complied with then the Council may under Section<br />

60 of the Local Government (Miscellaneous Provisions) Act 1976 suspend or revoke<br />

a hackney carriage/private hire vehicle licence.<br />

4. THE VEHICLE<br />

(1) The vehicle shall meet the following requirements <strong>and</strong> shall:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

be a purpose built hackney carriage, st<strong>and</strong>ard saloon, estate car or<br />

multipurpose vehicle (MPV) finished in the manufacturer’s st<strong>and</strong>ard<br />

colour with a minimum of four doors, or a minibus with no more than<br />

eight seats provided for passengers <strong>and</strong> with such seating arranged<br />

so that all passengers can leave the vehicle through appropriate exit<br />

doors (one of which must be at the rear of the minibus) without<br />

undue delay in an emergency; The aforementioned does not apply<br />

to Wheel Chair Accessible Vehicles which can be found a paragraph<br />

5.<br />

be fitted with an engine the cubic capacity of which is not less than<br />

1300cc;<br />

have the manufacturer’s st<strong>and</strong>ard colour for the vehicle maintained<br />

without alteration. A vehicle which is painted in two tones of colour<br />

will not be licensed unless it can be shown that any paintwork below<br />

the centre body moulding of the vehicle is that which is the<br />

manufacturer’s st<strong>and</strong>ard colour for the particular vehicle;<br />

be not less than 129.5 cm (4ft 3 ins) in width in the rear part of the<br />

body. Such measurement shall be taken 15.2 cm (6 ins) below the<br />

top <strong>and</strong> 15.2 cm (6 ins) in front of the rear back seats with both of<br />

the rear doors closed;<br />

(e) have a minimum leg room for passengers using the rear seat of 21.5<br />

cm (8.5 ins), such measurements to be taken from the rear door<br />

pillar to the nearest point of the rear squab;<br />

(f)<br />

(g)<br />

(h)<br />

be fitted with safety glass, ie: glass which does not fly into fragments<br />

if fractured <strong>and</strong> capable of causing severe cuts. The safety glass<br />

shall be replaced as soon as broken, cracked or discoloured. See<br />

also condition 32 with regard to tinted windows.<br />

not be fitted with celluloid or other highly inflammable material;<br />

apart from the driver’s <strong>and</strong> the specified passenger’s seat which<br />

must have approved types of seat belts, be provided with a threepoint<br />

belt, lap belt or a disabled person’s belt for any forward-facing<br />

seat alongside the driver’s seat, not being a specified passenger’s<br />

seat, <strong>and</strong> any forward facing seats behind the driver’s seat as<br />

required by the Road Vehicles (Construction <strong>and</strong> Use) Regulations<br />

1986.


(2) Sports salons, drop-head coupes, convertibles or touring cars are not<br />

acceptable for licensing as hackney carriages.<br />

(3) FX4 vehicles (ie: London type taxis) <strong>and</strong> other purpose built taxis are<br />

acceptable for licensing as hackney carriages.<br />

5. WHEELCHAIR ACCESSIBLE VEHICLES<br />

(1) The vehicle shall meet the following requirements <strong>and</strong> shall:-<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

be either a London type taxicab or a minibus type vehicle with not<br />

more than eight passenger seats <strong>and</strong> at least four doors (including<br />

emergency doors). All vehicles must be manufactured (purpose built)<br />

or suitably adapted (converted) to carry wheelchair bound passengers.<br />

In addition all vehicles must hold an M1 European Whole Vehicle<br />

Type Approval Certificate or achieved a National Low Volume type<br />

approval in its final format or has been fully tested to M1 category,<br />

such testing having been witnessed by the Vehicle Certification<br />

Agency <strong>and</strong> must comply with the vehicle specifications laid down by<br />

the Council in condition 4 above. The relevant certificate will be<br />

required before such a vehicle can be licensed.<br />

Only vehicles where access <strong>and</strong> egress for wheelchairs is confined<br />

solely to the nearside of the vehicle (or both nearside <strong>and</strong> offside) will<br />

be acceptable. Vehicles having rear passenger access <strong>and</strong> egress<br />

facilities only will not be acceptable.<br />

All wheel chair access must be through doors which have a minimum<br />

height of 1270mm, width 680mm <strong>and</strong> internal headroom 1320mm.<br />

Wheelchair passengers must always travel in the correct position as<br />

recommended by the vehicle manufacturer.<br />

Wheelchair accessible vehicles are to display on the rear of the<br />

vehicle the st<strong>and</strong>ard sign with the symbol of the figure in a wheelchair<br />

indicating that the vehicle is wheelchair accessible.<br />

In the interests of health <strong>and</strong> safety, proprietors of vehicles are<br />

strongly recommended to ensure that all drivers receive training in the<br />

loading <strong>and</strong> unloading of wheelchairs <strong>and</strong> their passengers <strong>and</strong> also<br />

the care of the passenger in relation to their wheelchair use.<br />

If fitted a wheelchair lift must comply with either BS 6109 Part IIA of<br />

CE marked in accordance with the EC Machinery Directive (91/368<br />

EEC). Certificates must be produced. The lift must also be manually<br />

operative in the event of a breakdown.<br />

A purposely designed wheelchair single plate access ramp must be<br />

permanently stowed in the vehicle in a safe/secure width must be the<br />

same as the door opening. The edges of the ramp are to be<br />

highlighted to reduce the risk of trips.


(i)<br />

All steps, ramps <strong>and</strong> lifts are to have a slip resistant surface.<br />

6. TESTS AND INSPECTIONS<br />

(1) Before a licence is granted for the use of a vehicle as a hackney carriage, the<br />

vehicle shall be tested <strong>and</strong> inspected to ensure that it is mechanically sound, safe<br />

<strong>and</strong> comfortable.<br />

(2) Those vehicles which have been granted a hackney carriage licence shall be<br />

tested <strong>and</strong> inspected annually to establish their continued fitness to be used to<br />

convey members of the public.<br />

(3) An authorised officer of the Council, (usually the Licensing Officer), or any<br />

constable shall have power at all reasonable times to inspect <strong>and</strong> test, for the<br />

purpose of ascertaining its fitness, any vehicle, or any taximeter affixed to such<br />

vehicle, <strong>and</strong> if he is not satisfied as to the fitness of the vehicle or as to the<br />

accuracy of its taximeter he may by notice in writing require the Proprietor to make<br />

it or its taximeter available for further inspection <strong>and</strong> testing at such reasonable<br />

time <strong>and</strong> place as may be specified in the notice <strong>and</strong> suspend the vehicle licence<br />

until such time as such authorised officer or constable is so satisfied.<br />

7. PROVISION OF EQUIPMENT<br />

The Proprietor shall cause to be provided:-<br />

(1) An external sign on <strong>and</strong> above the roof of the vehicle showing the word “TAXI” on<br />

the side facing the front <strong>and</strong> the Company’s telephone number on the side facing<br />

towards the rear of the vehicle. The roof sign shall be of an appropriate size to<br />

enable it to be read clearly from a distance of 13.7 metres (15 yards). The sign<br />

shall be so constructed as to be illuminated when the taximeter is not in use <strong>and</strong><br />

not be illuminated when the vehicle is hired <strong>and</strong> the taximeter is put into use. In<br />

the case of purpose built taxi vehicles eg FX4, a sign bearing the telephone<br />

number of the Proprietor, in letters not more than 5cm (2 inches) in height, may be<br />

located on the rear windscreen of the vehicle in such a position so that it does not<br />

obscure the rear view of the driver;<br />

(2) When a hackney carriage is provided with a taximeter which is not fitted with a flag<br />

or other device bearing the words “FOR HIRE” which may be seen by persons<br />

outside the vehicle, a sign marked “FOR HIRE” shall be positioned internally on<br />

the facia below the front windscreen so that the words “FOR HIRE”, in plain letters<br />

at least 2.5cm (1 inch) in height, shall be visible from outside the vehicle. The sign<br />

shall be constructed so that it is illuminated when the vehicle is available for hire<br />

<strong>and</strong> unlit when the vehicle is hired <strong>and</strong> the taximeter is operated at the beginning<br />

of the journey;<br />

(3) An efficient fire extinguisher carried in such a position in the vehicle as to be<br />

readily available for use <strong>and</strong> within easy reach from the driver’s seat;<br />

(4) A suitable first aid kit containing appropriate first aid dressings <strong>and</strong> appliances.<br />

This equipment shall be carried in such a position in the vehicle as to be readily<br />

visible <strong>and</strong> available for immediate use in an emergency;


(5) Both the fire extinguisher <strong>and</strong> first aid kit are to be clearly marked with the<br />

hackney carriage vehicle licence plate number<br />

(6) A taximeter as detailed at Condition 8 below.<br />

8. TAXIMETER<br />

The proprietor shall provide a taximeter to be constructed, attached <strong>and</strong> maintained as<br />

to comply with the following requirements:-<br />

(1) Before a taximeter can be replaced, the proprietor is to obtain authorisation from<br />

the Council’s Licensing Office.<br />

(2) The taximeter shall be so constructed <strong>and</strong> fixed to the vehicle so that it is not<br />

possible for any persons manually to alter the tariff rate without breaking the seals<br />

affixed thereto;<br />

(3) The taximeter shall be fitted with a key, flag or other device the operation of which<br />

will bring the machinery of the taximeter into action;<br />

(4) Such key, flag, or other device shall be capable of being locked in such a position<br />

that the machinery of the taximeter is not in action <strong>and</strong> that no fare is recorded on<br />

the face of the taximeter;<br />

(5) When the machinery of the taximeter is in action, there shall be recorded on the<br />

face thereof in figures clearly legible <strong>and</strong> free from ambiguity the fare not<br />

exceeding the rate or fare which the Proprietor or driver is entitled to dem<strong>and</strong> <strong>and</strong><br />

take for the hire of the carriage by distance;<br />

(6) The word “FARE” shall be printed on the face of the taximeter in plain letters so<br />

as to clearly apply to the fare recorded thereon;<br />

(7) The taximeter shall be so placed that all the letters <strong>and</strong> figures on the face<br />

thereof shall be at all times visible to any person being conveyed in the vehicle<br />

<strong>and</strong> for that purpose the letters <strong>and</strong> figures shall be suitably illuminated during<br />

any period of hiring;<br />

(8) The taximeter shall record the table of fare approved by the Council <strong>and</strong> no others;<br />

(9) The Council’s table of hackney carriage fares is to be prominently displayed inside<br />

the hackney carriage <strong>and</strong> in the view of persons carried.<br />

9. HACKNEY CARRIAGE LICENCE PLATE<br />

(1) A valid licence plate identifying the vehicle as a hackney carriage must be<br />

exhibited on the vehicle. It shall be securely fixed externally to the rear of the<br />

vehicle in a conspicuous position on or above the bumper so that all particulars<br />

thereon are clearly visible from the nearside of the road. They are not to be placed<br />

in rear windows or obscured in anyway by tow bars or any other item. The plate is<br />

to be fixed in such a manner to be easily removable by an authorised officer of the<br />

Council or a constable <strong>and</strong> such plate shall continue to be fixed to the vehicle<br />

throughout the currency of the licence.


(2) the licence plate shall be replaced should it be damaged or marked in any way<br />

that renders it illegible or unsightly in appearance.<br />

10. WINDSCREEN NOTICE<br />

The Proprietor shall ensure that the notice bearing the licence plate number supplied<br />

by the Council is displayed <strong>and</strong> maintained on the interior of the front windscreen of the<br />

vehicle clearly visible at all times to persons conveyed in the vehicle.<br />

12. COMMUNICATION WITH THE DRIVER<br />

The Proprietor shall provide sufficient means by which any person in the vehicle may<br />

communicate with the driver.<br />

13. CONDITION OF THE HACKNEY CARRIAGE<br />

The Proprietor shall ensure that his vehicle:-<br />

(1) Is maintained in a clean condition, both internally <strong>and</strong> externally, <strong>and</strong> in<br />

every way fit for public service <strong>and</strong> shall at all times be maintained in<br />

a sound <strong>and</strong> roadworthy mechanical condition.<br />

(2) Is watertight;<br />

(3) The windows providing ventilation must be capable of being opened <strong>and</strong> closed by<br />

passengers so that they can adjust the openings as they wish.<br />

(4) Has properly cushioned seats which are maintained free from dust <strong>and</strong> have any<br />

holes caused by passenger damage repaired promptly;<br />

(5) Has the floor covered with proper carpet, mats or other suitable covering;<br />

(6) Has suitable luggage accommodation <strong>and</strong> means for securing luggage;<br />

(7) Has a separate means of ingress <strong>and</strong> egress for the driver.<br />

14. USE OF TWO WAY RADIOS, CAR TELEPHONES AND MOBILE PHONES<br />

(1) Two way radios, car telephones <strong>and</strong> mobile phones maybe installed in vehicles<br />

subject to the following:-<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

only ‘h<strong>and</strong>s free’ equipment may be fitted.<br />

the equipment must be installed so that it is not a danger to passengers or<br />

the operation of the vehicle;<br />

no wiring is permitted beneath the vehicle, the floor coverings or entrance<br />

treadplates. It should be routed as far as possible beneath the headlining. All<br />

wiring must be suitably secured <strong>and</strong> the power supply adequately fused;<br />

suitable mounting positions should be selected <strong>and</strong> used for the ‘h<strong>and</strong>s free’<br />

equipment, where appropriate;


(2) The proprietor shall ensure that drivers are warned that:-<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

they should not make outgoing calls whilst the vehicles are in motion;<br />

passengers may make outgoing calls whilst the vehicles are in motion;<br />

when a call is received while a vehicle is in motion <strong>and</strong> no passengers are<br />

being carried the caller should be advised to call back later or told that their<br />

call will be returned. Calls received whilst the vehicle is in motion should not<br />

be prolonged <strong>and</strong> should be terminated as soon as possible so that there is<br />

no danger to road safety; <strong>and</strong><br />

on no account shall they use two way radios, car telephones or mobile<br />

phones other than h<strong>and</strong>s free sets whilst driving <strong>and</strong> the vehicles are in<br />

motion.<br />

(3) No advertisements, stickers or other medium which indicate the presence of car<br />

telephone or mobile phone equipment are to be displayed in the vehicle.<br />

(4) The car telephone or mobile phone number is not to be displayed on any signs<br />

attached to the vehicle nor in any advertising material used by the proprietor<br />

including those business cards he uses to present to the passengers on the<br />

completion of journeys or on request.<br />

15. WINDOW BLINDS<br />

Plain window blinds may be fitted to a vehicle to shield passengers from the sun. Blinds<br />

with any pictures, cartoons or advertising materials printed on them will not be<br />

permitted.<br />

16. TRANSFER OF HACKNEY CARRIAGE TO ANOTHER PERSON<br />

If the proprietor of a hackney carriage in respect of which a vehicle licence has been<br />

granted by the Council transfers his interest in the vehicle to a person other than the<br />

proprietor whose name is specified in the licence, he shall within fourteen days after<br />

such transfer give notice in writing thereof to the Council specifying the name <strong>and</strong><br />

address of the person to whom the hackney carriage has been transferred.<br />

17. PERSON ACQUIRING AN INTEREST IN A HACKNEY CARRIAGE<br />

The proprietor shall notify the Council, in writing within seven days, the name <strong>and</strong><br />

address of any person who acquires an interest in keeping, employing or letting for a<br />

hackney carriage for which a vehicle licence has been granted to him by the Council.<br />

18. CHANGE OF ADDRESS AND TELEPHONE NUMBER<br />

The proprietor shall notify the Council in writing of any change of his address or<br />

telephone number (or if the proprietor is a company or partnership, of any change in<br />

address or telephone number of the company or partnership) within seven days of the<br />

change.


18. CONVICTIONS<br />

The proprietor shall notify the Council of any offence of which he has been convicted<br />

(or if the proprietor is a company, any convictions of directors or partners) within seven<br />

days of the conviction.<br />

19. SURRENDER OF HACKNEY CARRAIGE LICENCE PLATE<br />

The proprietor of any hackney carriage is required to surrender the vehicle licence plate<br />

on revocation or expiry or suspension of the licence or when the vehicle is off the road<br />

for any length of time (refer also to condition 21).<br />

20. PLATE NOT IN USE, SALE AND SUBLETTING<br />

If the plate is not in use the proprietor must immediately notify the Council. Once<br />

notification has been received by the Council, the proprietor will have 28 days to licence<br />

a new vehicle. If after 28 days a new vehicle has not been licensed, the Council will<br />

issue proper notice for the return on the plate. The proprietor is not permitted to sell an<br />

unused plate as it always remains the property of the Council, unless transferring his<br />

interest (see condition 16 above). The proprietor is not permitted to sublet an unused<br />

plate.<br />

21. DEPOSIT OF DRIVER’S LICENCES<br />

If the proprietor permits or employs any other person to drive the vehicle as a hackney<br />

carriage, he shall before the person commences to drive the vehicle cause the driver to<br />

deliver to him his driver’s licence for retention until such time as the driver ceases to be<br />

permitted or employed to drive the vehicle of the proprietor.<br />

22. CONVEYANCE OF DEAD BODY<br />

When a passenger dies in a vehicle, a proprietor in whose vehicle the dead body is<br />

conveyed shall ensure that the Council’s Assistant Director of Environmental Health is<br />

notified by himself or the driver of the vehicle concerned as soon as possible.<br />

23. DURATION OF LICENCE<br />

The hackney carriage licence may be renewed for a period of twelve months (the<br />

licensing period) <strong>and</strong> shall remain in force unless suspended or revoked during the<br />

licensing period.<br />

24. INSURANCE<br />

(1) The proprietor shall ensure that during the currency of the licence, the vehicle is at<br />

all times insured for public hire use.<br />

(2) The proprietor shall arrange for a vehicle insurance indemnification certificate to<br />

be completed by the company or broker who has arranged insurance in respect of<br />

his vehicle <strong>and</strong> forward the certificate to the Council, as required, to show<br />

continuous cover is being provided for the vehicle.


(3) If the proprietor changes the insurer during the currency of the licence, he is to<br />

notify the Council of the change within 48hrs of that change taking place <strong>and</strong><br />

present to the Council a copy of the new certificate of insurance.<br />

(4) Proprietors are to ensure insurance certificates <strong>and</strong> cover notes are retained for a<br />

period of at least 6 months after the date of expiry for production on request to an<br />

authorised officer of the Council<br />

25. CERTIFICATES OF COMPLIANCE<br />

The proprietor shall ensure that during the currency of the licence, a valid certificate of<br />

compliance has been issued by the Council’s testing centre.<br />

26. SIGNS, NOTICES AND ADVERTISING<br />

In addition to the signs referred to in condition 7(1) <strong>and</strong> the wind screen notice in<br />

condition 11 the following signs are permitted:<br />

(1) The licence plate identifying the vehicle as a hackney carriage (as detailed at<br />

condition 10).<br />

(2) The personal or trade name <strong>and</strong> telephone number of the firm as indicated<br />

below:<br />

(a)<br />

(b)<br />

For vehicles with less that 6 passenger seats, the lettering on the<br />

signs <strong>and</strong> notices shall not exceed 5cm (2 inches) in height).<br />

Larger signs for vehicles with 6 to 8 passenger seats may be used,<br />

however all proposed signs <strong>and</strong> notices must be submitted for<br />

approval to the Council’s Head of Legal <strong>and</strong> Democratic Services.<br />

(3) Advertisements are permitted on, in or from the vehicle <strong>and</strong> must be<br />

submitted to the Council’s Head of Legal <strong>and</strong> Democratic Services for<br />

approval on a case by case basis. The Council will not normally approve any<br />

advertisements which depict the following:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

Political, ethnic or religious messages or content which is contrary to<br />

the Council’s Single Equality Scheme.<br />

Sexual Content<br />

Indecent material or content likely to offend public taste,<br />

The promotion of the sale or consumption of tobacco products.<br />

The promotion of the sale or consumption of alcohol.<br />

Any words or image that may indicate that a <strong>Private</strong> <strong>Hire</strong> Vehicle is a<br />

<strong>Hackney</strong> <strong>Carriage</strong>.<br />

Gambling


(h)<br />

Encouragement of unlawful or anti-social behaviour.<br />

(4) Any advertisement must not obscure or detract from the Council’s vehicle<br />

identification materials required to be fitted to the vehicle by the conditions<br />

relating to hackney carriage <strong>and</strong> private hire vehicles. Advertisements may<br />

not be placed on the front offside <strong>and</strong> nearside doors.<br />

(5) The Proprietor of the vehicle is to ensure that if fitted any digital in car<br />

advertising equipment does not emit any sound <strong>and</strong> can be easily operated<br />

by the driver. Screens must not exceed 7 inches in size.<br />

(6) Advertising must comply with the British Code of Advertising Practice issued<br />

on behalf of the Advertising St<strong>and</strong>ards Authority <strong>and</strong> compliance with Trading<br />

St<strong>and</strong>ards Legislation. It will be the responsibility of the agency or individual<br />

seeking the Council’s approval to ensure that this is the case.<br />

(7) No smoking signs as required by The Health Act 2006 (Smoke free<br />

legislation) shall be displayed in each compartment of the vehicle in which<br />

people are carried.<br />

27. BOOKING OFFICE AND/OR WAITING ROOM<br />

Any premises which the proprietor provides for public access, for the purpose of<br />

booking or waiting, shall be kept clean, adequately neat, ventilated, well lit <strong>and</strong> smoke<br />

free at all times in accordance with the Health Act 2006. Adequate seating facilities are<br />

also to be provided in any waiting room.<br />

28. ACCIDENTS<br />

(1) The proprietor shall report to the Council as soon as reasonably practicable, <strong>and</strong><br />

in any case within 72 hours of the occurrence thereof, any accident involving a<br />

vehicle causing damage materially affecting the safety, performance, or<br />

appearance of the vehicle or the comfort or convenience of persons carried<br />

therein.<br />

(2) In the case of serious damage to the structure or bodywork of the vehicle, the<br />

proprietor shall inform the Council when repairs have been affected so that the<br />

vehicle may be tested <strong>and</strong> inspected to establish that its condition is satisfactory<br />

for continued use as a hackney carriage.<br />

29. ALTERATION OF VEHICLE<br />

No material alteration or change in the specification, design, condition or appearance of<br />

the vehicle shall be made without the approval of the Council at any time whilst the<br />

licence is in force (see also condition 31).


30. SMOKEFREE VEHICLES<br />

(1) The Health Act 2006(Smoke free legislation) required proprietors of hackney<br />

carriages to ensure that their vehicles remain smokefree at all times, even when<br />

the vehicle is not being used for licensed purposes. The law applies to anything<br />

that can be smoked. This includes cigarettes, pipes (including water pipes such<br />

as shisha <strong>and</strong> hookah pipes) cigars <strong>and</strong> herbal cigarettes.<br />

(2) Proprietors are to ensure that the appropriate no smoking sign is prominently<br />

displayed in each compartment of the vehicle in which people can be carried.<br />

Failure to comply with the requirements of the aforementioned Act will be a<br />

criminal offence.<br />

31. TINTED WINDOWS (see also condition 29)<br />

(1) Vehicles first used before 1 April 1985, the windscreen <strong>and</strong> front side windows<br />

must allow at least 70% of light to be transmitted through them.<br />

(2) Vehicles first used on or after 1 April 1985, the windscreen must allow at least<br />

75% of the light to be transmitted through them whilst the front side windows must<br />

allow at least 70% of the light to be transmitted through them.<br />

(3) If the glass is tinted to a point whereby it lets through less light, then the vehicle<br />

does not meet legal requirements.<br />

32. SPACE SAVER WHEELS<br />

The use of a space saver wheel in place of a spare wheel is permitted, as long as it is<br />

a manufacturer’s st<strong>and</strong>ard fitment for the vehicle <strong>and</strong> is only used in accordance with<br />

the manufacturer’s guidance.<br />

33. LIQUEFIELD PETROLEUM GAS (LPG) CONVERSIONS<br />

Vehicles must comply with the following:<br />

(1) All LPG vehicle conversions must have been carried out by a (Liquefied<br />

Petroleum Gas Association) LPGA Approved Installer <strong>and</strong> the vehicle<br />

proprietor issued with an LPG Conversion Certificate which must be produced<br />

when applying for either a <strong>Hackney</strong> <strong>Carriage</strong> or <strong>Private</strong> <strong>Hire</strong> Vehicle Licence.<br />

(2) The vehicle must display on the front <strong>and</strong> rear screens, a sticker stating<br />

that the vehicle has been fitted with an LPG tank for the purpose of alerting the<br />

emergency services in the event of an accident.<br />

(3) The LPG system is to be inspected annually by an LPGA approved installer<br />

And a certificate confirming the results of this inspection is to be presented to the<br />

Council.<br />

(4) The Proprietor of the vehicle is to notify DVLA SWANSEA of the change in fuel to<br />

LPG.


(5) The Proprietor of the vehicle is to immediately notify his insurance company of its<br />

modification to run on LPG.<br />

(6) If the tank containing the LPG is located within the spare wheel well of the vehicle<br />

then the spare wheel must be securely fixed in the boot of the vehicle.<br />

34. RIGHT OF APPEAL<br />

Under Section 47(1) of the 1976 Act, any person aggrieved by the refusal of the<br />

Council to grant a <strong>Hackney</strong> <strong>Carriage</strong> Vehicle Licence, or by any conditions specified in<br />

such a licence, may appeal to a Magistrates' Court.<br />

NOTE: FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT IN THE<br />

COMMENCEMENT OF CRIMINAL PROCEEDINGS, AND/OR IN THE<br />

SUSPENSION OR REVOCATION OF AN EXISTING LICENCE, OR IN THE<br />

REFUSAL TO ISSUE A NEW LICENCE.


9<br />

PRIVATE HIRE VEHICLE<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

REVISED NOVEMBER 2008


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HUNTINGDONSHIRE DISTRICT COUNCIL<br />

1. INTRODUCTION<br />

PRIVATE HIRE VEHICLE LICENCE<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

(a) Pursuant to Section 48(2) of the Local Government (Miscellaneous<br />

Provisions) Act 1976 (hereinafter referred to as the 1976 Act),<br />

Huntingdonshire District Council has made st<strong>and</strong>ard<br />

conditions which will apply to all <strong>Private</strong> <strong>Hire</strong> vehicles which are<br />

are required to be licensed under section 46(1) of the 1976 Act.<br />

(b) The legislation relating to <strong>Private</strong> <strong>Hire</strong> Vehicles is contained within<br />

the 1976 Act<br />

(c) Further, <strong>and</strong> in accordance with section 48(2) of the 1976 Act,<br />

the Council may attach to the grant of a private hire vehicle licence<br />

such conditions as it may consider reasonably necessary.<br />

(d)<br />

It is a criminal offence to use a <strong>Private</strong> <strong>Hire</strong> Vehicle within the<br />

Huntingdonshire District without having a <strong>Private</strong> <strong>Hire</strong> Vehicle<br />

Licence.<br />

STANDARD CONDITIONS<br />

2. INTERPRETATION<br />

(a) For the purpose of these St<strong>and</strong>ard Conditions, the following<br />

expressions shall have the meanings hereby assigned to them:-<br />

(i)<br />

(ii)<br />

(iii)<br />

the expressions "proprietor <strong>and</strong> licensee" shall mean the<br />

individual who is granted <strong>and</strong> holds a <strong>Private</strong> <strong>Hire</strong> Vehicle<br />

Licence.<br />

the expression "the Council" shall mean Huntingdonshire<br />

District Council, Pathfinder House, St Mary’s Street,<br />

Huntingdon, Cambridgeshire, PE29 3TN <strong>and</strong> shall include<br />

its duly authorised officers;<br />

words importing the masculine, feminine or neuter<br />

genders <strong>and</strong> any body of persons corporate or incorporate<br />

shall be deemed <strong>and</strong> taken to include all or any of the<br />

masculine, feminine <strong>and</strong> neuter genders <strong>and</strong> any body of<br />

persons corporate or incorporate <strong>and</strong> the singular shall<br />

include the plural <strong>and</strong> the plural the singular unless the<br />

contrary as to gender or number is expressly provided or<br />

unless the same is inconsistent with the context.<br />

(b) The headings in these St<strong>and</strong>ard Conditions are provided for<br />

1


ease of reference only <strong>and</strong> are not to be construed as<br />

qualifying, limiting, aiding or otherwise affecting the<br />

interpretation of the said conditions or any of them.<br />

3. PENALTIES<br />

If any of these conditions are not complied with then the Council<br />

may under Section 60 of the Local Government (Miscellaneous<br />

Provisions) Act 1976 suspend or revoke a <strong>Private</strong> <strong>Hire</strong> Vehicle<br />

Licence.<br />

4. THE VEHICLE<br />

(1) The vehicle shall meet the following requirements <strong>and</strong> shall:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

be a st<strong>and</strong>ard saloon or estate car or multipurpose vehicle<br />

(MPV) finished in the manufacturer’s st<strong>and</strong>ard colour with a<br />

minimum of four doors, or a minibus with no more than eight<br />

seats provided for passengers <strong>and</strong> with such seating arranged<br />

so that all passengers can leave the vehicle through<br />

appropriate exit doors (one of which must be at the rear of the<br />

minibus) without undue delay in an emergency;<br />

be fitted with an engine the cubic capacity of which is not less<br />

than 1300cc;<br />

have the manufacturer’s st<strong>and</strong>ard colour for the vehicle<br />

maintained without alteration. A vehicle which is painted in two<br />

tones of colour will not be licensed unless it can be shown that<br />

any paintwork below the centre body moulding of the vehicle<br />

is that which is the manufacturer’s st<strong>and</strong>ard colour for the<br />

particular vehicle;<br />

be not less than 129.5 cm (4ft 3 ins) in width in the rear part of<br />

the body. Such measurement shall be taken 15.2 cm (6 ins)<br />

below the top <strong>and</strong> 15.2 cm (6 ins) in front of the rear back<br />

seats with both of the rear doors closed;<br />

have a minimum leg room for passengers using the rear seat<br />

of 21.5 cm (8.5 ins), such measurements to be taken from the<br />

rear door pillar to the nearest point of the rear squab;<br />

be fitted with safety glass, ie. glass which does not fly into<br />

fragments if fractured <strong>and</strong> capable of causing severe cuts.<br />

The safety glass shall be replaced as soon as broken, cracked<br />

or discoloured. See also condition 30 with regard to tinted<br />

windows.<br />

not be fitted with celluloid or other highly inflammable material;<br />

apart from the driver’s <strong>and</strong> the specified passenger’s seat<br />

which must have approved types of seat belts, be provided<br />

with inertia reel, three-point, lap or disabled person’s belts for<br />

every seat behind the driver’s seat as required by Regulation<br />

47 of the Road Vehicles (Construction <strong>and</strong> Use) Regulations<br />

1986.<br />

2


(2) Sports salons, drop-head coupes, convertibles or touring cars or purpose<br />

built taxi vehicles, eg. FX4, are not acceptable for licensing as a <strong>Private</strong><br />

<strong>Hire</strong> Vehicle.<br />

5. TEST AND INSPECTIONS<br />

(1) Before a licence is granted for the use of a vehicle as a <strong>Private</strong> <strong>Hire</strong><br />

Vehicle, the vehicle shall be tested <strong>and</strong> inspected to ensure that it is<br />

mechanically sound, safe <strong>and</strong> comfortable.<br />

(2) Those vehicles which have been granted <strong>Private</strong> <strong>Hire</strong> Vehicle Licences<br />

shall be tested <strong>and</strong> inspected annually to establish their continued fitness to<br />

be used to convey members of the public.<br />

(3) An authorised officer of the Council, (usually the Licensing Officer), or any<br />

Constable shall have power at all reasonable times to inspect <strong>and</strong> test, for<br />

the purpose of ascertaining its fitness, any <strong>Private</strong> <strong>Hire</strong> Vehicle licensed by<br />

the Council, or any taximeter affixed to such vehicle, <strong>and</strong> if he is not<br />

satisfied as to the fitness of the private hire vehicle to make it or its<br />

taximeter available for further inspection <strong>and</strong> testing at such reasonable<br />

time <strong>and</strong> place as may be specified in the notice <strong>and</strong> suspend the vehicle<br />

licence until such time as such authorised officer or Constable is so<br />

satisfied.<br />

6. PROVISION OF EQUIPMENT<br />

The Proprietor shall cause to be provided:-<br />

(1) An efficient fire extinguisher carried in such a position in the vehicle as to<br />

be readily available for use <strong>and</strong> within easy reach from the driver’s seat;<br />

(2) A suitable first aid kit containing appropriate first aid dressings <strong>and</strong><br />

appliances. This equipment shall be carried in such a position in the vehicle<br />

as to be readily visible <strong>and</strong> available for immediate use in an emergency;<br />

(3) Both the fire extinguisher <strong>and</strong> first aid kit are to be clearly marked with<br />

the private hire vehicles plate number.<br />

7. CONDITION OF PRIVATE HIRE VEHICLE<br />

The Proprietor <strong>and</strong> the driver shall ensure that the vehicle:-<br />

(1) is maintained in a clean condition, both internally <strong>and</strong> externally, <strong>and</strong><br />

shall at all times be maintained in a sound <strong>and</strong> roadworthy<br />

mechanical condition <strong>and</strong> serviced according to the manufacturers<br />

recommendations.<br />

(2) is watertight;<br />

(3) the windows providing ventilation must be capable of being opened<br />

<strong>and</strong> closed by passengers so that they can adjust the openings as<br />

they wish.<br />

(4) has properly cushioned seats which are maintained free from dust<br />

<strong>and</strong> have any holes caused by passenger damage repaired<br />

promptly;<br />

3


(5) has the floor covered with proper carpet, mats or other suitable<br />

covering;<br />

(6) has suitable luggage accommodation <strong>and</strong> means for securing<br />

luggage.<br />

(7) has a means of ingress <strong>and</strong> egress for the driver.<br />

8. OPERATION OF PRIVATE HIRE VEHICLE<br />

The Proprietor is to ensure that:<br />

(1) the driver of the vehicle holds a valid hackney carriage/private hire<br />

drivers licence (see also condition 20).<br />

(2) he holds a valid private hire operators licence, or alternatively can<br />

prove in writing that he has an agreement with a private hire operator<br />

(licensed with this authority) to carry out private hire work under the<br />

operators licence.<br />

9. TAXIMETER<br />

(1) The proprietor of a vehicle which is fitted with a taximeter shall<br />

ensure that such taximeter is constructed, attached <strong>and</strong> maintained<br />

as to comply with the following requirements:-<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

before a meter can be replaced, the proprietor is to obtain<br />

authorisation from the Councils Licensing Office.<br />

the taximeter shall be tested by the Council to establish that it<br />

operates correctly on the distances stated in the table of fares<br />

presented by the proprietor for use in that vehicle. A copy of<br />

the table of fares to be used is to be forwarded to the Council<br />

at least 7 working days prior to the date of testing.<br />

the taximeter shall be so constructed <strong>and</strong> affixed to the<br />

vehicle so that it is not possible for any persons manually to<br />

alter the tariff rate without breaking the seals affixed thereto.<br />

the machinery of the taximeter must be only visible to persons<br />

who have boarded the vehicle;<br />

the taximeter shall be fitted with a key, flag or other device,<br />

the turning of which will bring the machinery of the taximeter<br />

into action;<br />

such key, flag, or other device, shall be capable of being<br />

locked in such a position that the machinery of the taximeter<br />

is not in action <strong>and</strong> that no fare is recorded on the face of the<br />

taximeter;<br />

when the machinery of the taximeter is in action, there shall be<br />

recorded on the face of the taximeter in clearly legible figures a fare<br />

not exceeding the rate or fare which the proprietor or driver is<br />

entitled to dem<strong>and</strong> <strong>and</strong> take for the hire of the carriage by<br />

distance/time;<br />

4


(h)<br />

(i)<br />

(j)<br />

The word “FARE” shall be printed on the face of the taximeter<br />

in plain letters so as to clearly apply to the fare recorded<br />

thereon;<br />

the taximeter shall be so placed that all the letters <strong>and</strong> figures<br />

on the face thereof shall be at all times visible to any person<br />

being conveyed in the vehicle <strong>and</strong> for that purpose the letters<br />

<strong>and</strong> figures shall be suitably illuminated during <strong>and</strong> period of<br />

hiring;<br />

the taximeter <strong>and</strong> all the fittings thereof shall be so affixed to<br />

the vehicle with the seals or other appliances that it shall not<br />

practicable for any person to tamper with them except by<br />

breaking, damaging or permanently displacing the seals or<br />

other appliances. All taximeters must be sealed by or on<br />

behalf of the Council <strong>and</strong> marked with the Council’s mark.<br />

(2) Where a taximeter is used to record the fare for hiring, the proprietor<br />

shall:-<br />

(a)<br />

(b)<br />

(c)<br />

cause a table indicating the fare scale governing such hiring<br />

to be fixed upon the vehicle in such a position <strong>and</strong> manner<br />

that the letters <strong>and</strong> figures of such table are distinctly <strong>and</strong><br />

plainly visible to any person being conveyed in such vehicle;<br />

not wilfully or negligently cause or suffer the table required<br />

under Condition 9 (2) (a) to be inverted or detached or altered<br />

or the letters <strong>and</strong> figures on such table to be in any manor or<br />

by any means concealed at any time;<br />

not require for a hiring a fare greater than that authorised by<br />

the table of fares provided under Condition 9 (2) (a).<br />

10. PRIVATE HIRE VEHICLE LICENCE PLATE<br />

(1) A valid licence plate identifying the vehicle as a private hire vehicle<br />

must be exhibited on the vehicle. It shall be securely fixed externally<br />

to the rear of the vehicle in a conspicuous position on or above the<br />

bumper. They are not to be placed in rear windows or obscured in<br />

anyway by tow bars or any other item. The plate is to be fixed in<br />

such a manner to be easily removable by an authorised Officer of<br />

the Council or a Constable <strong>and</strong> such plate shall continue to be fixed<br />

to the vehicle throughout the currency of the licence.<br />

(2) the licence plate shall be replaced should it be damaged or marked<br />

in any way that renders it illegible or unsightly in appearance.<br />

11. SIGNS NOTICES AND ADVERTISING<br />

Vehicles shall not bear roof signs (whether illuminated or not) or signs<br />

advertising their availability for hire, nor any other form of advertising material,<br />

except:-<br />

(1) the licence plate identifying the vehicle as a private hire vehicle (as<br />

detailed at Condition 10 above);<br />

(2) the personal or trade name <strong>and</strong> telephone number of the firm as<br />

indicated below:<br />

5


(a)<br />

For vehicles with less than 6 passenger seats, the lettering<br />

on the signs <strong>and</strong> notices shall not exceed 5cm (2 inches) in<br />

height.<br />

` (b) Larger signs for vehicles with 6 to 8 passenger seats<br />

may be used, however all proposed signs <strong>and</strong> notices<br />

must be submitted for approval to the Council’s Head<br />

of Legal <strong>and</strong> Democratic Services.<br />

(3) Advertisements are permitted on, in or from the vehicle <strong>and</strong> must be<br />

submitted to the Council’s Head of Legal <strong>and</strong> Democratic Services for<br />

approval on a case by case basis. The Council will not normally approve<br />

any advertisements which depict the following:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

Political, ethnic or religious messages or content which is contrary to<br />

the Council’s Single Equality Scheme.<br />

Sexual content.<br />

Indecent material or content likely to offend public taste.<br />

The promotion of the sale or consumption of tobacco products.<br />

The promotion of the sale or consumption of alcohol.<br />

Any words or image that may indicate that a <strong>Private</strong> <strong>Hire</strong> Vehicle is a<br />

<strong>Hackney</strong> <strong>Carriage</strong>.<br />

Gambling.<br />

Encouragement of unlawful or anti-social behaviour.<br />

(4) Any advertisement must not obscure or detract from the Councils vehicle<br />

identification materials required to be fitted to the vehicle by the conditions<br />

relating to hackney carriage <strong>and</strong> private hire vehicles. Advertisements may<br />

not be place on the front offside <strong>and</strong> nearside doors.<br />

(5) The Proprietor of the vehicle is to ensure that if fitted any digital in car<br />

advertising equipment does not emit any sound <strong>and</strong> can be easily operated<br />

by the driver. Screens must not exceed 7 inches in size.<br />

(6) Advertising must comply with the British Code of Advertising Practice<br />

issued on behalf of the Advertising St<strong>and</strong>ards Authority <strong>and</strong> compliance<br />

with Trading St<strong>and</strong>ards Legislation. It will be the responsibility of the<br />

agency or individual seeking the Council’s approval to ensure that this is<br />

the case.<br />

(7) The windscreen notice, bearing the licence plate number supplied by<br />

the Council, to be displayed <strong>and</strong> maintained on the interior of<br />

the front windscreen of the vehicle clearly visible at all<br />

times to persons conveyed in the vehicle.<br />

(8) Proprietors of vehicles must display on the front driver <strong>and</strong> nearside<br />

passenger door, approved signs giving the name, telephone number<br />

of their operator.<br />

(9) The proprietor shall not describe private hire vehicles as “taxi”,<br />

“cabs” or “taxicabs” on any signs, notices, advertising material or<br />

literature.<br />

6


12. COMMUNICATION WITH DRIVER<br />

The Proprietor shall provide sufficient means by which any person in the<br />

vehicle may communicate with the driver.<br />

13. TWO WAY RADIOS, CAR TELEPHONES AND MOBILE PHONES<br />

(1) Two way radios, car telephones <strong>and</strong> mobile phones may be installed<br />

in vehicles subject to the following:-<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

only ‘h<strong>and</strong>s free’ equipment may be fitted;<br />

the equipment must be installed so that it is not a danger to<br />

passengers or the operation of the vehicle;<br />

no wiring is permitted beneath the vehicle, the floor coverings<br />

or entrance tread plates. It should be routed as far as possible<br />

beneath the headlining. All wiring must be suitably secured<br />

<strong>and</strong> the power supply adequately fused;<br />

suitable mounting positions should be selected <strong>and</strong> used for<br />

the ‘h<strong>and</strong>s free equipment’ where appropriate;<br />

(2) The proprietor shall ensure that drivers are warned that:-<br />

(a)<br />

(b)<br />

(c)<br />

they should not make outgoing calls whilst the vehicles<br />

are in motion.<br />

passengers may make outgoing calls whilst the vehicles<br />

are in motion.<br />

when a call is received while a vehicle is in motion if not<br />

for a passenger the caller should be advised to call back<br />

later or told that their call will be returned. Calls received<br />

whilst the vehicle is in motion should not be prolonged<br />

<strong>and</strong> should be terminated as soon as possible so that there<br />

is no danger to road safety; <strong>and</strong> on no account shall they<br />

use telephone h<strong>and</strong>sets or mobile phones whilst driving<br />

<strong>and</strong> the vehicles are in motion.<br />

(3) No advertisements, stickers or other medium, which indicate the<br />

presence of car telephone or mobile phone equipment are to be<br />

displayed in the vehicle.<br />

(4) The car telephone or mobile phone number is not to be displayed on<br />

any signs attached to the vehicle nor in any advertising material<br />

used by the proprietor, including those business cars he uses to<br />

present to the passengers on the completion of journeys or on<br />

request.<br />

14. WINDOW BLINDS<br />

Plain window blinds may be fitted to a vehicle to shield passengers from the<br />

sun. Blinds with any pictures, cartoons or advertising materials printed on<br />

them will not be permitted.<br />

15. TRANSFER OF PRIVATE HIRE VEHICLE TO ANOTHER PERSON<br />

If the proprietor of a private hire vehicle in respect of which a vehicle<br />

licence has been granted by the Council transfers his interest in the private<br />

hire vehicle to a person other than the proprietor whose name is specified<br />

7


in the licence, he shall within fourteen days after such transfer give notice<br />

in writing thereof to the Council specifying the name <strong>and</strong> address of the<br />

person to whom the private hire vehicle has been transferred.<br />

16. PERSON ACQUIRING AN INTEREST IN A PRIVATE HIRE VEHICLE<br />

The proprietor shall notify the Council, in writing within seven days, the<br />

name <strong>and</strong> address of any additional person who acquires an interest in<br />

keeping, employing or letting for a private hire vehicle for which a vehicle<br />

licence has-been granted by the Council.<br />

17. CHANGE OF ADDRESS AND TELEPHONE NUMBER<br />

The proprietor shall notify the Council in writing of any change of his<br />

Address or telephone number (or if the proprietor is a company or<br />

partnership, of any change in address or telephone number of the<br />

company or partnership) within seven days of the change.<br />

18. CONVICTIONS<br />

The proprietor shall notify the Council of any offence of which he has been<br />

convicted including dishonesty, indecency or violence (or if the proprietor is<br />

a company, any convictions of directors or partners) within fourteen days<br />

of the conviction.<br />

19. SURRENDER OF PRIVATE HIRE VEHICLE LICENCE PLATE<br />

The proprietor of any private hire vehicle is required to surrender the private<br />

hire vehicle licence plate on revocation, or expiry or suspension of the<br />

licence or when the vehicle is off the road for any length of time.<br />

20. DRIVERS<br />

If the proprietor permits or employs any other person to drive a licensed<br />

private hire vehicle he shall before that person commences to drive the<br />

vehicle ensure that the driver holds a valid <strong>Private</strong> <strong>Hire</strong> Vehicle <strong>Driver</strong>’s<br />

Licence, is insured to drive the vehicle as required by the Road Traffic Acts<br />

<strong>and</strong> fully underst<strong>and</strong>s the conditions attached to both this licence <strong>and</strong> the<br />

<strong>Private</strong> <strong>Hire</strong> Vehicle <strong>Driver</strong>’s Licence.<br />

21. CONVEYANCE OF A DEAD BODY<br />

When a passenger dies in a vehicle, a proprietor in whose vehicle the dead<br />

body is conveyed shall ensure that the Council’s Assistant Director of<br />

Environmental Health is notified by himself/herself or the driver of the<br />

vehicle concerned.<br />

22. DURATION OF LICENCE<br />

The <strong>Private</strong> <strong>Hire</strong> Vehicle Licence may be renewed for a period of twelve<br />

months (the licensing period) <strong>and</strong> shall remain in force unless suspended<br />

or revoked. The renewal of the licence will depend upon the vehicle<br />

passing the annual test <strong>and</strong> inspection (condition 5, (2) ante refers)<br />

23. INSURANCE<br />

(1) The proprietor shall ensure that during the currency of the licence,<br />

the vehicle is at all times insured for private hire use.<br />

(2) The proprietor shall arrange for a Vehicle Insurance Indemnification<br />

Certificate to be completed by the company or broker who has<br />

8


arranged insurance in respect of his vehicle <strong>and</strong> forward the<br />

certificate to the Council, as required, to show continuous cover is<br />

being provided for this vehicle.<br />

(3) If the proprietor changes the insurer during the currency of the<br />

licence, he is to notify the Council of the change within 48hrs of that<br />

change taking place.<br />

(4) Proprietors are to ensure insurance cover notes are retained for a<br />

period of at least 6 months after the date of expiry for production on<br />

request to an authorised officer of the Council<br />

24. CERTIFICATE OF COMPLIANCE<br />

The proprietor shall ensure that during the currency of the licence, a valid<br />

certificate of compliance has been issued by the Council’s testing centre.<br />

25. CONTRACT OF HIRE<br />

(1) Where before the commencement of a journey a fare for the<br />

distance to be travelled has been agreed with the hirer, the<br />

proprietor or driver shall not require a fare greater than that which<br />

was agreed upon;<br />

(2) When the private hire vehicle is equipped with a taximeter, <strong>and</strong> a<br />

fare for the journey has not previously agreed with the hirer, the<br />

passenger(s) should be informed before the journey begins that the<br />

fare which will be required for the journey shall be as indicated by<br />

the taximeter <strong>and</strong> in accordance with the table of fares displayed in<br />

the vehicle;<br />

(3) The driver of a private hire vehicle shall not unnecessarily prolong, in<br />

the distance or in time, the journey for which the vehicle has been<br />

hired.<br />

26. ACCIDENTS<br />

(1) The Proprietor shall report to the Council as soon as reasonably<br />

practicable, <strong>and</strong> in any case within 72 hours of the occurrence<br />

thereof, any accident involving a vehicle causing damage materially<br />

affecting the safety, performance, or appearance of the vehicle or<br />

the comfort or convenience of persons carried therein.<br />

(2) In the case of serious damage to the structure or bodywork of the<br />

vehicle, the proprietor shall inform the Council when repairs have<br />

been affected so that the vehicle may be tested <strong>and</strong> inspected to<br />

establish that its condition is satisfactory for continued use as a<br />

private hire vehicle.<br />

27. ALTERATION TO VEHICLE<br />

No material alteration or change in the manufacturer’s specification, design,<br />

condition or appearance of the vehicle shall be made without the approval<br />

Of the Council at any time whilst the licence is in force (see also condition<br />

30).<br />

9


28. SMOKEFREE VEHICLES<br />

(1) The Health Act 2006 (Smoke free legislation) requires proprietors of<br />

private hire vehicles to ensure that their vehicles remain smoke free<br />

at all times, even when the vehicle is not being used for licensed purposes.<br />

The law applies to anything that can be smoked. This includes cigarettes,<br />

pipes (including water pipes such as shisha <strong>and</strong> hookah pipes) cigars <strong>and</strong><br />

herbal cigarettes.<br />

(2) Proprietors are to ensure that the appropriate no smoking sign is<br />

prominently displayed in each compartment of the vehicle in which<br />

people are carried. Failure to comply with the requirements of the<br />

aforementioned Act will be a criminal offence.<br />

29. DEPOSIT OF DRIVERS AND VEHICLE LICENCES WITH OPERATOR<br />

(1) Proprietors of private hire vehicles who do not have their own private<br />

hire operator's licence are to deposit their drivers <strong>and</strong> vehicle<br />

licences <strong>and</strong> any subsequent renewal of their licences with their<br />

operator. This also applies to any person they employ or permit to<br />

drive any such vehicle. The licences are to be returned to driver’s<br />

or proprietor’s once they cease to operate under the operators<br />

licence, or the driver is no longer permitted or employed by the<br />

proprietor to drive any such vehicle.<br />

30. TINTED WINDOWS (see also condition 27)<br />

(1) Vehicles first used before 1 April 1985, the windscreen <strong>and</strong> front side<br />

windows must allow at least 70% of light to be transmitted through<br />

them.<br />

(2) Vehicles first used on or after 1 April 1985, the windscreen must<br />

allow at least 75% of the light to be transmitted through them whilst<br />

the front side windows must allow at least 70% of the light to be<br />

transmitted through them.<br />

3) If the glass is tinted to a point whereby it lets through less light, then<br />

the vehicle does not meet legal requirements.<br />

31. SPACE SAVER WHEELS<br />

The use of a space saver wheel in place of a spare wheel is permitted, as<br />

long as it is a manufacturer’s st<strong>and</strong>ard fitment for the vehicle <strong>and</strong> is only<br />

used in accordance with the manufacturers guidance<br />

32. LIQUEFIELD PETROLEUM GAS (LPG) CONVERSIONS<br />

Vehicles must comply with the following:<br />

(1) All LPG vehicle conversions must have been carried out by a (Liquefield<br />

Petroleum Gas Association) LPGA Approved installer <strong>and</strong> the vehicle<br />

proprietor issued with an LPG Conversion Certificate which must be<br />

produced when applying for either a <strong>Hackney</strong> <strong>Carriage</strong> or <strong>Private</strong> <strong>Hire</strong><br />

Vehicle Licence.<br />

(2) The vehicle must display on the gront <strong>and</strong> rear screens, a sticker stating<br />

that the vehicle has been fitted with an LPG tank for the purpose of alerting<br />

the emergency services in the event of an accident.<br />

10


(3) The LPG system is to be inspected annually by an LPGA approved<br />

installer.<br />

(4) The Proprietor of the vehicle is to notify DVLA SWANSEA of the change in<br />

fuel to LPG.<br />

(5) The proprietor of the vehicle is to immediately notify his insurance company<br />

of its modification to run on LPG.<br />

(6) If the tank containing the LPG is located within the spare wheel well of the<br />

vehicle then the spare wheel must be securely fixed in the boot of the<br />

vehicle.<br />

33. RIGHT OF APPEAL<br />

Under Section 48(7) of the 1976 Act, any person aggrieved by the refusal of<br />

the Council to grant a <strong>Private</strong> <strong>Hire</strong> Vehicle Licence, or by any conditions<br />

specified in such a licence, may appeal to a Magistrates' Court.<br />

NOTE:<br />

FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT<br />

IN THE COMMENCEMENT OF CRIMINAL PROCEEDINGS, AND/OR IN<br />

THE SUSPENSION OR REVOCATION OF AN EXISTING LICENCE, OR IN<br />

THE REFUSAL TO ISSUE A NEW LICENCE.<br />

11


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12


10<br />

PRIVATE HIRE OPERATORS<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

REVISED NOVEMBER 2008


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HUNTINGDONSHIRE DISTRICT COUNCIL<br />

1. INTRODUCTION<br />

PRIVATE HIRE OPERATOR’S LICENCE<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

(a) Pursuant to Section 55(3) of the Local Government (Miscellaneous<br />

Provisions) Act 1976 (hereinafter referred to as the 1976 Act), will<br />

apply to all Operators of <strong>Private</strong> <strong>Hire</strong> Vehicles, which are required to be<br />

licensed under Section 46(1) of the aforementioned Act.<br />

(b) The legislation relating to <strong>Private</strong> <strong>Hire</strong> Vehicle Operators is contained<br />

within the 1976 Act.<br />

(c) Further <strong>and</strong> in accordance with section 55(3) of the 1976 Act, the Council<br />

may attached to the grant of a <strong>Private</strong> <strong>Hire</strong> Operators licence such<br />

conditions as it may consider reasonably necessary<br />

(d) It is a criminal offence to operate a <strong>Private</strong> <strong>Hire</strong> Vehicle within the<br />

Huntingdonshire District without having a <strong>Private</strong> <strong>Hire</strong> Operator's Licence.<br />

(e) Under the 1976 Act, "operate" is defined as meaning in the course of<br />

business to make provisionfor the invitation or acceptance of bookings for<br />

a <strong>Private</strong> <strong>Hire</strong> Vehicle.<br />

STANDARD CONDITIONS<br />

2. INTERPRETATION<br />

(a) For the purpose of these St<strong>and</strong>ard Conditions, the following expressions<br />

shall have the meanings hereby assigned to them:-<br />

(i)<br />

(ii)<br />

(iii)<br />

the expressions "operator <strong>and</strong> licensee or licensees" shall mean<br />

the individual who is granted <strong>and</strong> holds a <strong>Private</strong> <strong>Hire</strong> Operator’s<br />

Licence.<br />

the expression "the Council" shall mean Huntingdonshire<br />

District Council, Pathfinder House, St Mary’s Street,<br />

Huntingdon, Cambridgeshire, PE29 3TN <strong>and</strong> shall include<br />

its duly authorised officers;<br />

words importing the masculine, feminine or neuter<br />

genders <strong>and</strong> any body of persons corporate or incorporate shall be<br />

deemed <strong>and</strong> taken to include all or any of the masculine, feminine<br />

<strong>and</strong> neuter genders <strong>and</strong> any body of persons corporate or<br />

incorporate <strong>and</strong> the singular shall include the plural <strong>and</strong> the plural<br />

the singular unless the contrary as to gender or number is<br />

expressly provided or unless the same is inconsistent with the<br />

context.<br />

1


(b) The headings in these St<strong>and</strong>ard Conditions are provided for ease of<br />

reference only <strong>and</strong> are not to be construed as qualifying, limiting, aiding<br />

or otherwise affecting the interpretation of the said conditions or any of<br />

them.<br />

3. PENALTIES<br />

If any of these conditions are not complied with then the Council may under<br />

Section 62 of the Local Government (Miscellaneous Provisions) Act 1976<br />

suspend or revoke a <strong>Private</strong> <strong>Hire</strong> Operators Licence.<br />

4. STANDARD OF SERVICE<br />

The Operator shall provide a prompt, efficient <strong>and</strong> reliable service to<br />

members of the public at all reasonable times <strong>and</strong> for this purpose shall:-<br />

(1) ensure that when a vehicle has been hired to be in attendance at an<br />

appointed time <strong>and</strong> place the vehicle shall, unless delayed or<br />

prevented by reasonable cause, punctually attend at that appointed<br />

time <strong>and</strong> place;<br />

(2) keep clean, adequately heated, ventilated <strong>and</strong> lit any premises which<br />

the Operator provides <strong>and</strong> to which the public have access, whether<br />

for the purpose of booking or waiting (see also condition18).<br />

(3) ensure that any waiting area provided by the Operator has adequate<br />

seating facilities;<br />

(4) ensure that any telephone facilities <strong>and</strong> radio equipment provided<br />

are maintained in a sound condition <strong>and</strong> that any defects are<br />

repaired promptly;<br />

(5) not in advertising by signs, printed words, broadcasts or by any other<br />

media use the words “<strong>Hackney</strong> <strong>Carriage</strong>”, “Taxi” or “Taxi Cab” to<br />

describe the private hire service he offers;<br />

(6) ensure that the drivers <strong>and</strong> proprietors of vehicles which he operates<br />

maintain their vehicles in a clean condition (internally <strong>and</strong> externally)<br />

<strong>and</strong> that the vehicles are safe, mechanically sound <strong>and</strong> comfortable<br />

for use by hirers (see also condition18).<br />

5. RECORDS<br />

(1) The Operator shall be responsible for maintaining at his premises<br />

particulars of all vehicles operated by him, which shall include the<br />

following:-<br />

(a)<br />

(b)<br />

the call signs or other identifying marks used on booking<br />

records;<br />

the vehicles’ licence plate numbers;<br />

2


(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

the vehicles’ registration numbers;<br />

the names <strong>and</strong> addresses of the proprietors of the vehicles;<br />

details of the valid current certificates of insurance or security<br />

for the vehicle;<br />

details of the motor vehicle test certificates for the vehicles,<br />

where appropriate;<br />

the names <strong>and</strong> addresses of drivers, together with their badge<br />

numbers<br />

The aforementioned records must be correctly maintained<br />

<strong>and</strong> up to date at all times.<br />

(2) A record of bookings for all private hire vehicles operating under the<br />

Operators licence ( whether the Operator is the proprietor of the<br />

vehicle or not) is required to be maintained by the Operator in<br />

accordance with the provisions of Section 56 (2) of the Local<br />

Government (Miscellaneous Provisions) Act 1976. These records<br />

are to be set out in accordance with the following format <strong>and</strong><br />

retained for a period of not less than six months from the date of the<br />

last entry:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

(i)<br />

(j)<br />

(k)<br />

the time <strong>and</strong> date of each booking;<br />

the name of the hirer;<br />

how the booking was made (ie, by telephone or personal call)<br />

the time <strong>and</strong> date of pick-up required;<br />

the point of pick-up required;<br />

the destination;<br />

the cost of fare quoted for the journey (where appropriate);<br />

the name <strong>and</strong> badge number of the driver allocated to the<br />

booking;<br />

the time at which a driver was allocated to the booking;<br />

the <strong>Private</strong> <strong>Hire</strong> Vehicle Licence number of the vehicle<br />

allocated;<br />

any remarks (including reference to contract or sub-contract<br />

work).<br />

3


6. DRIVERS<br />

(1) The Operator must ensure that hirers of his private hire vehicles<br />

which he operates are treated politely <strong>and</strong> courteously by the drivers<br />

whom he employs or permits to drive for his company.<br />

(2) The Operator must advise all drivers, diving vehicles operating under<br />

his licence that, while on duty <strong>and</strong> being in charge of licensed<br />

vehicles, they shall not ply for hire or otherwise:-<br />

(a)<br />

(b)<br />

(c)<br />

tout or solicit on a road or other public place any person to<br />

hire or be carried in any private hire vehicle;<br />

cause or procure any other person to tout or solicit on any<br />

road or other public place, any person to hire or be carried in<br />

any private hire vehicle;<br />

offer the vehicle for immediate hire while on a road or public<br />

place.<br />

7. TAXIMETER<br />

(1) The Operator shall ensure that all Proprietors <strong>and</strong> <strong>Driver</strong>s of vehicles<br />

which are fitted with taximeters comply with Condition 6 of the<br />

Schedule of Conditions attached to <strong>Private</strong> <strong>Hire</strong> Vehicle Licences<br />

<strong>and</strong> Conditions 5, 6 <strong>and</strong> 7 of the Schedule of Conditions attached to<br />

<strong>Driver</strong>’s Licences.<br />

(2) The Operator shall not tamper with nor permit anyone to tamper with<br />

any taximeter with which a vehicle equipped.<br />

8. CARRIAGE OF PASSENGERS<br />

The Operator shall not accept a booking for a vehicle to convey any greater<br />

number of persons than the number of persons which such vehicle is<br />

licensed to convey.<br />

9. INFORMATION AS TO CHARGES<br />

No Operator of a private hire vehicle which is licensed by the Council shall<br />

invite or accept a booking for such vehicle, or control or arrange a journey<br />

to be undertaken by such vehicle, without first drawing the attention either<br />

orally or in writing to the person making the booking, information as to the<br />

basis of charge <strong>and</strong> the cost for the hire of the vehicle. The Operator shall<br />

ensure that such information is passed to the driver who will not be<br />

permitted to charge more than the agreed cost for the hiring.<br />

10. PRIVATE HIRE VEHICLE LICENCE PLATE AND WINDSCREEN NOTICES<br />

The Operator shall not wilfully nor negligently cause or suffer the Licence<br />

Plate attached to a vehicle or the windscreen notice inside the vehicle to be<br />

4


concealed from public view or to be so defaced that any figure or material<br />

particular is illegible. The plate is to be securely attached to the private hire<br />

vehicle in accordance with conditions 10 (1) of the private hire vehicle<br />

schedule of conditions of licence.<br />

11. COMPLAINTS<br />

(1) The Operator shall immediately upon receipt notify the Council in<br />

writing of any complaints concerning a contract for hire or purported<br />

contract for hire relating to or arising from his business <strong>and</strong> of the<br />

action (if any) which he/she has taken or proposed to take in respect<br />

thereof.<br />

(2) Any complaint shall be investigated immediately by the Operator <strong>and</strong><br />

the complainant <strong>and</strong> the Council notified of the outcome within 24<br />

hours.<br />

(3) Where a complaint is investigated by an authorised officer of the<br />

Council the Operator shall conform to any directions of the officer in<br />

respect of the complaint.<br />

12. CONVICTIONS<br />

The Operator shall within seven days disclose to the Council in writing<br />

details of any conviction imposed on him (or if the Operator is a company or<br />

partnership, on any of the directors or partners) during the period of the<br />

licence.<br />

13. CHANGE OF ADDRESS AND TELEPHONE NUMBER<br />

The Operator shall notify the Council in writing of any change of his address<br />

or telephone number (including any address or telephone number from<br />

which he operates or otherwise conducts his/her business as an Operator)<br />

during the period of the licence within seven days of such change taking<br />

place.<br />

14. ACCIDENTS<br />

(1) The Operator shall report to the Council as soon as reasonably<br />

practicable, <strong>and</strong> in any case within 72 hours of the occurrence<br />

thereof, any accident which causes damage materially affecting the<br />

safety, performance, or appearance of the vehicle or the comfort or<br />

convenience of persons carried therein.<br />

(2) In the case of serious damage to the structure or bodywork of the<br />

vehicle, the operator shall inform the Council when repairs have<br />

been affected so that the vehicle may be tested <strong>and</strong> inspected to<br />

establish that its condition is satisfactory for continued use as a<br />

<strong>Private</strong> <strong>Hire</strong> Vehicle.<br />

5


15. DURATION OF LICENCE<br />

The <strong>Private</strong> <strong>Hire</strong> Operator’s Licence may be renewed for a period of twelve<br />

months <strong>and</strong> shall remain in force unless suspended or revoked during the<br />

licensing period.<br />

16. WRITTEN RECEIPTS<br />

Operators are to ensure that drivers provide receipts if requested to do so<br />

by passengers<br />

17. RETENTION OF VEHICLE AND DRIVERS LICENCES<br />

Operators are to ensure that they hold the private hire vehicle licence for<br />

any vehicle he is operating, whether they are the proprietor or not <strong>and</strong> the<br />

private hire driver’s licence for any driver who is driving in any such vehicle.<br />

18. SMOKEFREE PREMISES AND VEHICLES<br />

(1) Operators who provide an office which is used as a workplace by<br />

more than one person or if members of the public <strong>and</strong> employees<br />

visit the premises must ensure that the premises remain smoke free<br />

at all times.<br />

(2) Operators of private hire vehicles are to ensure that all vehicles<br />

whether owned by them or not which operate under their licence<br />

remain smoke free at all times, even when not being used for<br />

licensed purposes.<br />

(3) Operators of smoke free premises <strong>and</strong> vehicles will have legal<br />

responsibilities to prevent smoking <strong>and</strong> to ensure that the<br />

appropriate no-smoking signs are displayed as required by The<br />

Health Act 2006 (Smoke free legislation).<br />

(4) The law applies to anything that can be smoked. This includes<br />

cigarettes, pipes (including water pipes such as shish <strong>and</strong> hookah<br />

pipes) cigars <strong>and</strong> herbal cigarettes.<br />

(5) Failure to comply with the requirements of the aforementioned Act will<br />

be a criminal offence.<br />

19. RIGHT OF APPEAL<br />

Under Section 55 of the 1976 Act, any person aggrieved by the refusal of the<br />

Council to grant a <strong>Private</strong> <strong>Hire</strong> Vehicle Operator's Licence, or any conditions<br />

attached to the grant of a <strong>Private</strong> <strong>Hire</strong> Vehicle Operator's Licence, may<br />

appeal to the Magistrates' Court.<br />

NOTE:<br />

FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT<br />

IN THECOMMENCEMENT OF CRIMINAL PROCEEDINGS AND/OR IN<br />

THE SUSPENSION, REVOCATION OF AN EXISTING LICENCE OR IN<br />

THE REFUSAL TO ISSUE A NEW LICENCE<br />

6


11<br />

STRETCH LIMOUSINES<br />

SCHEDULE OF CONDITIONS OF LICENCE<br />

INTRODUCED JUNE 2011<br />

7


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8


HUNTINGDONSHIRE DISTRICT COUNCIL<br />

STRETCH LIMOUSINES – SCHEDULE OF CONDITIONS OF LICENCE<br />

LICENSING REQUIREMENTS<br />

1. The general conditions imposed by Huntingdonshire District Council<br />

(hereafter referred to as the Council) for <strong>Private</strong> <strong>Hire</strong> Vehicle Operators,<br />

<strong>Driver</strong>s <strong>and</strong> Vehicles will be applicable to the licensing of stretch limousines<br />

unless amended by the following provisions.<br />

1.2 The type of work undertaken by stretch limousines will differ significantly<br />

from that of regular private hire work in that the vehicle will only be licensed<br />

for the carriage of passengers for special events, examples of which are:<br />

<br />

<br />

<br />

<br />

<br />

<br />

Prom nights<br />

Theatre trips<br />

Hen nights<br />

Stag nights<br />

Party trips<br />

Race days<br />

or any other similar events considered by the Council to be special in<br />

nature. However, vehicles use solely for weddings <strong>and</strong> funerals are exempt<br />

from the requirements of private hire licensing.<br />

2. PRIVATE HIRE OPERATOR’S LICENCE<br />

2.1 Persons taking bookings for private hire work using stretch limousines will<br />

be required to hold a private hire operator’s licence issued by the Council.<br />

2.2 All bookings of a limousine for use as a private hire vehicle must be made<br />

through a licensed private hire operator. Any vehicle licensed by the<br />

Council will only be used for hire under the terms of a private hire<br />

operator’s licence already issued or granted to an operator within the<br />

District or to any new licensed operator.<br />

3. PRIVATE HIRE VEHICLE DRIVERS LICENCE<br />

3.1 Any person driving a stretch limousine for private hire will be required to be<br />

licensed as a private hire driver by the Council.<br />

1


4. DEFINITION OF A STRETCH LIMOUSINE<br />

4.1 A stretch limousine is defined as a motor vehicle that has been lengthened<br />

by the insertion of an additional body section <strong>and</strong> modified by an authorised<br />

coachbuilder that is capable of carrying up to but not exceeding 8<br />

passengers. There will be no age limit for first registration <strong>and</strong> no maximum<br />

upper age limit, subject to the vehicle being mechanically <strong>and</strong> physically<br />

maintained in accordance with the provisions of the Council’s st<strong>and</strong>ard<br />

conditions relating to private hire vehicles as referred to in paragraph 1<br />

above.<br />

4.2 Once licensed as a private hire vehicle, the limousine will be subject to any<br />

statutory requirements imposed by Part II of the Local Government<br />

(Miscellaneous Provisions) Act 1976.<br />

4.3 Stretch limousines will be regarded as luxury vehicles used for special<br />

events. The use of such a vehicle for st<strong>and</strong>ard private hire work is not<br />

considered to be appropriate.<br />

5. VEHICLE TESTING<br />

5.1 A stretched limousine vehicle will be subject to a twice yearly mechanical<br />

examination at intervals to be specified by the Council at its authorised<br />

testing station to determine its safety <strong>and</strong> suitability for the type of work for<br />

which it is to be licensed. This will apply to all stretched limousines<br />

regardless of age, date of import or date of registration. A licence for a<br />

stretched limousine will be issued for a period of 6 months only,<br />

renewal subject to a satisfactory retest.<br />

Please note: The fee for these tests will be included in the licence fee<br />

charged at half the st<strong>and</strong>ard annual licence fee rate in force at that<br />

time for private hire vehicles. For example:<br />

These are fictitious figures:<br />

St<strong>and</strong>ard annual licence <strong>and</strong> test fees for a st<strong>and</strong>ard private hire<br />

vehicle:<br />

a. St<strong>and</strong>ard annual licence fee element (not including test fee) £150<br />

b. Test fee £ 50<br />

c. Total £200<br />

6 monthly tests for stretch limousines:<br />

a. St<strong>and</strong>ard 6 monthly licence fee element (not including test fee) £75<br />

b. Test fee £ 50<br />

c. Total £125<br />

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5.2 The Vehicle Registration Document V5 must indicate in the field “Type<br />

Approval Number” that it has undergone one of the following approvals <strong>and</strong><br />

meets the technical st<strong>and</strong>ards of either:<br />

<br />

<br />

<br />

a European Whole Vehicle Type approval, or<br />

a British National Type approval, or<br />

an Individual Vehicle Approval (IVA) (formerly known as the<br />

Single Vehicle Approval scheme (SVA).<br />

5.3 Where applicable, the Vehicle Identification Number (VIN) plate shall<br />

display ‘1L1’ to confirm conversion completed by an authorised dealer.<br />

5.4 Documentation is to be provided proving that the ‘stretch’ was performed by<br />

the manufacturer or by a coachbuilder approved by the vehicle<br />

manufacturer e.g. American limousines must have been built by an<br />

approved coachbuilder under the QVM programme for Ford Vehicles or the<br />

CMC programme for Cadillac Vehicles.<br />

5.5 A plate on the door pillar shall confirm the total weight of the vehicle.<br />

5.6 DVLA V5 or equivalent shall be produced to authenticate registration.<br />

6. VEHICLE REQUIREMENTS<br />

6.1 Given the increased weight of the vehicle, tyres of the correct weight <strong>and</strong><br />

size rating must be used at all times. The limousine must be fitted with<br />

tyres that meet the appropriate specification for both the size <strong>and</strong> weight of<br />

the vehicle, such as 235/75R-15 108D (BF Load) or 225/70R-16 107T<br />

Town Car Limo Tyre (Reinforced).<br />

6.2 Where applicable, an installation certificate must be produced from a<br />

Liquefied Petroleum Gas Association (LPGA) Approved UK Vehicle<br />

Conversion Company, in the case of vehicles converted to run on LPG.<br />

6.3 The vehicle must display a valid road vehicle excise licence disc.<br />

6.4 Vehicles may either be left or right h<strong>and</strong> drive.<br />

6.5 Vehicles must be fitted with at least 4 doors.<br />

6.6 All seats shall be fitted with appropriate seat belts, which must be fitted in<br />

accordance with the current Road Vehicle (Construction & Use)<br />

Regulations.<br />

6.7 Any sunroofs fitted must be securely fastened in a locked position so that<br />

passengers are unable to tamper with them. Passengers must not be<br />

allowed to exhibit any parts of their anatomy through such openings.<br />

6.8 Stretch limousines with heavily tinted glass in the windows behind the<br />

driver’s cockpit will be considered for licensing. Glass in the driver cockpit<br />

must satisfy the current legal requirements. Tinted glass shall conform to<br />

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the legal requirements as laid down by the Vehicle Operators Services<br />

Agency (VOSA).<br />

7. PASSENGERS<br />

7.1 The limousine’s seating capacity must have been reduced where<br />

necessary to a maximum of 8 passengers.<br />

7.2 The vehicle must not carry more than 8 passengers at any time <strong>and</strong> for this<br />

purpose a babe in arms will be classed as a passenger no matter what their<br />

age.<br />

7.3 Where passengers in the vehicle consist of persons under the age of 16<br />

years they must be accompanied by a responsible adult, other than the<br />

driver, who is over the age of 18 years.<br />

7.4 Passengers must not be carried in the front compartment.<br />

8. INSURANCE<br />

8.1 The vehicle must have ‘hire <strong>and</strong> reward insurance’ to carry out private hire<br />

work <strong>and</strong> a fully policy of insurance must be presented before the vehicle is<br />

licensed.<br />

8.2 No intoxicating liquor shall be provided in the vehicle unless there is in force<br />

an appropriate licence under the Licensing Act 2003 permitting the sale or<br />

supply of the same.<br />

9. ALCOHOL<br />

9.1 Alcohol shall only be served while the vehicle is stationary <strong>and</strong> afterwards<br />

all bottles shall be placed in a secure receptacle.<br />

9.2 If there are any passenger’s below the age of 18, then there shall be no<br />

alcohol on the vehicle.<br />

9.3 Any ’glassware’ in the vehicle must be made of either shatterproof glass or<br />

plastic.<br />

10. ENTERTAINMENT<br />

10.1 The driver shall not play or permit the performance of any media which,<br />

because of its age restricted classification or its content, is unsuitable for<br />

the age of the passengers in the vehicle (based on the age of the youngest<br />

passenger).<br />

10.2 Entertainment provided in the vehicle shall be under the terms of any<br />

relevant legislative requirements. Activities which are prohibited within the<br />

vehicle are:<br />

<br />

Striptease<br />

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Lap Dancing<br />

Pole Dancing<br />

Any other activity or performance of a like kind.<br />

The driver of the vehicle shall not knowingly permit to be played any<br />

video, DVD or other recording image that is unsuitable having regard<br />

to the age of passengers being conveyed. In deciding what a<br />

suitable regard shall be, the driver must take notice of the<br />

classification of the video, DVD or recorded image awarded by the<br />

British Board of Film Classification<br />

11. ADVERTISMENTS<br />

11.1 No signs, notices or any other markings will be displayed on or in the<br />

Vehicle without the written permission of the Council. There is no<br />

requirement for the vehicle to display a door sign denoting the operator’s<br />

details.<br />

11.2 In any advertisement publicising their limousine service, the operator must<br />

state that the vehicle is only licensed to carry a maximum of 8 passengers<br />

<strong>and</strong> a sign to this effect must be displayed within the passenger<br />

compartment of the vehicle.<br />

`<br />

12. RIGHT OF APPEAL<br />

12.1 Under Section 48 (7) of the 1976 Act, any person aggrieved by the refusal<br />

of the Council to grant a <strong>Private</strong> <strong>Hire</strong> Vehicle Licence, or any conditions<br />

specified in such a licence may appeal to a Magistrates’ Court.<br />

12.2 Please note that failure to comply with any of the aforementioned<br />

conditions including the general conditions relating to private hire<br />

vehicles may result in the commencement of criminal proceedings,<br />

<strong>and</strong>/or in the suspension or revocation of an existing licence, or in the<br />

refusal to issue a new licence.<br />

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