Hackney Carriage and Private Hire Licensing Policy
10. Appendix 2: list of offences
Town Police Clauses Act 1847 Local Government (Miscellaneous Provisions) Act 1976
In relation to the maximum penalties specified, the levels of fine that can be imposed by the Magistrates’ court on conviction are currently as follows:
- level 1: £200
- level 2: £500
- level 3: £1,000
- level 4: £2,500
Town Police Clauses Act 1847 - Hackneys
| Section | Offence | Maximum penalty |
|---|---|---|
| 40 | Giving false information on application for HC Licence | Level 1 |
| 44 | Failure to notify change of address of HC proprietor | Level 1 |
| 45 | Plying for hire without HC Proprietors licence | Level 4 |
| 47 | Driving a HC without a HC drivers licence | Level 3 |
| 47 | Lending or parting with HC driver’s licence | Level 3 |
| 47 | HC proprietor employing unlicensed driver | Level 3 |
| 48 | Failure by HC proprietor to hold HC driver’s licence | Level 1 |
| 48 | Failure by HC proprietor to produce HC driver’s licence | Level 1 |
| 52 | Failure to display HC plate | Level 1 |
| 53 | Refusal to take a fare | Level 2 |
| 54 | Charging more than the agreed fare | Level 1 |
| 55 | Obtaining more than the legal fare | Level 3 and 1 month imprisonment whilst in default |
| 56 | Travelling less than the lawful distance for an agreed fare | Level 1 |
| 57 | Failing to wait after a deposit to wait has been paid | Level 1 |
| 58 | Charging more than the legal fare | Level 3 |
| 59 | Carrying other person than the hirer without consent | Level 1 |
| 60 | Driving HC without Proprietors consent | Level 1 |
| 60 | Allowing another to drive HC without proprietors consent | Level 1 |
| 61 | Drunken driving of HC | Level 1 |
| 61 | Wanton or furious driving leading to injury or danger | Level 1 |
| 62 | Driver leaving HC unattended | Level 1 |
| 64 | HC driver obstructing other HC’s. | Level 1 |
Local Government (Miscellaneous Provisions) Act 1976 - Hackneys
| Section | Offence | Maximum penalty |
|---|---|---|
| 49 | Failure to notify the transfer of a HC proprietors licence | Level 3 (by virtue of s76) |
| 50(1) | Failure to present a HC for inspection, as required | Level 3 (by virtue of s76) |
| 50(2) | Failure to inform the Authority where the HC is stored, if requested | Level 3 (by virtue of s76) |
| 50(3) | Failure to report an accident to the Authority | Level 3 (by virtue of s76) |
| 50(4) | Failure to produce the HC Proprietors licence and insurance certificate | Level 3 (by virtue of s76) |
| 53(3) | Failure to produce the HC drivers licence | Level 3 (by virtue of s76) |
| 57 | Making a false statement or withholding information to obtain a HC drivers licence | Level 3 (by virtue of s76) |
| 58(2) | Failure to return a plate after notice given following expiry, revocation or suspension of a HC proprietor’s licence | Level 3 + fine of £10 per day |
| 61(2) | Failure to surrender a driver’s licence after suspension, revocation or refusal to renew. | Level 1 |
| 62(A) | Failure to return a licence or identity badge further to suspension or revocation on the grounds of right to work | Level 3 +fine of £10 per day |
| 64 | Permitting any vehicle other than a HC to wait on a HC stand. | Level 3 (by virtue of s76) |
| 66 | Charging more than the meter fare for a journey ending outside the district, without prior agreement. | Level 3 (by virtue of s76) |
| 67 | Charging more than the meter fare when HC used as private hire vehicle | Level 3 (by virtue of s76) |
| 69 | Unnecessarily prolonging a journey | Level 3 (by virtue of s76) |
| 71 | Interfering with a taximeter | Level 3 (by virtue of s76) |
| 73(1)(a) | Obstruction of an Officer or Constable | Level 3 (by virtue of s76) |
| 73(1)(b) | Failure to comply with a requirement of an authorised officer or constable | Level 3 (by virtue of s76) |
| 73(1)(c) | Failure to give information or assistance to an authorised officer or constable. | Level 3 (by virtue of s76) |
| 73(2) | Making a false statement when providing information | Level 3 (by virtue of s76) |
| 46(1)(a) | Using an unlicensed PH Vehicle | Level 3 (by virtue of s76) |
| 46(1)(b) | Driving a PH vehicle without a PH driver’s licence | Level 3 (by virtue of s76) |
| 46(1)(c) | Proprietor of a PH vehicle using an unlicensed driver | Level 3 (by virtue of s76) |
| 46(1)(d) | Operating a PH vehicle without a PH operator’s licence | Level 3 (by virtue of s76) |
| 46(1)(e) | Operating a vehicle as a PH vehicle when the vehicle is not licensed as a PH vehicle | Level 3 (by virtue of s76) |
| 46(1)(e) | Operating a vehicle as a PH vehicle when the driver is not licensed as a PH driver | Level 3 (by virtue of s76) |
| 48(6) | Failure to display a PH vehicle plate. | Level 3 (by virtue of s76) |
| 49 | Failure to notify transfer of a PH vehicle licence | Level 3 |
Local Government (Miscellaneous Provisions) Act 1976 - private hire
| Section | Offence | Maximum penalty |
|---|---|---|
| 50(1) | Failure to present a PH vehicle for inspection, as required | Level 3 (by virtue of s76) |
| 50(2) | Failure to inform the Authority where the PH vehicle is stored, if requested | Level 3 (by virtue of s76) |
| 50(3) | Failure to report an accident to the Authority | Level 3 (by virtue of s76) |
| 50(4) | Failure to produce the PH vehicle licence and an insurance certificate | Level 3 (by virtue of s76) |
| 53(3) | Failure to produce a PH drivers licence | Level 3 (by virtue of s76) |
| 54(2) | Failure to wear a PH driver’s badge | Level 3 (by virtue of s76) |
| 56(2) | Failure by a PH operator to keep records of bookings. | Level 3 (by virtue of s76) |
| 56(3) | Failure by a PH operator to keep records of PH vehicles operated by him | Level 3 (by virtue of s76) |
| 56(4) | Failure to produce a PH operator’s licence on request. | Level 3 (by virtue of s76) |
| 57 | Making a false statement or withholding information to obtain a PH driver or operator licence. | Level 3 (by virtue of s76) |
| 58(2) | Failure to return a plate after notice given following expiry, revocation or suspension of a PH vehicle licence | Level 3 + fine of £10 per day |
| 61(2) | Failure to surrender a driver’s licence after suspension, revocation or refusal to renew | Level 1 |
| 62(A) | Failure to return a licence or identity badge further to suspension or revocation on the grounds of right to work | Level 3 + fine of £10 per day |
| 67 | Charging more than the meter fare when HC used as private hire vehicle | Level 3 (by virtue of s76) |
| 69 | Unnecessarily prolonging a journey | Level 3 (by virtue of s76) |
| 71 | Interfering with a taximeter. | Level 3 (by virtue of s76) |
| 73(1)(a) | Obstruction of an Officer or Constable | Level 3 (by virtue of s76) |
| 73(1)(b) | Failure to comply with a requirement of an authorised officer or constable. | Level 3 (by virtue of s76) |
| 73(1)(c) | Failure to give information or assistance to an authorised officer or constable. | Level 3 (by virtue of s76) |
| 73(2) | Making a false statement when providing information | Level 3 (by virtue of s76) |
Transport Act 1980
| Section | Offence | Maximum Penalty |
|---|---|---|
| 64(2)(a) | Driving a PH vehicle with a roof sign, which contravenes s64 (1) | Level 3 |
| 64(2)(a) | Causing or permitting a PH vehicle to be driven with a roof sign which contravenes s64 (1) | Level 3 |
Health Act 2006 and Smoke Free (Penalties and Discounted Amounts) Regulations 2007
| Section | Offence | Maximum penalty |
|---|---|---|
| 6 | Failure to display required no-smoking signage | Level 3 |
| 7 | Smoking in a smoke-free place | Level 1 |
| 8 | Failing to prevent smoking in a smoke-free place | Level 4 |
Equality Act 2010
| Section | Offence | Maximum penalty |
|---|---|---|
| 165 | Refusal to carry a wheelchair passenger, or charging extra for doing so, or failing to provide reasonable mobility assistance Level 3 in a designated vehicle maintained in accordance with section 167 of the Equality Act 2010 | Level 3 |
| 168 | Refusal to carry an assistance dog or charging extra for doing so in a hackney carriage | Level 3 |
| 170 | Refusal to carry an assistance dog or charging extra for doing so in a private hire vehicle |