Hackney Carriage and Private Hire Licensing Policy

The following requirements and conditions are made by Buckinghamshire Council in pursuance of the powers conferred by Part II of the Local Government (Miscellaneous Provisions) Act 1976 (as amended) to ensure efficient and effective regulation of private hire vehicle use and to ensure that proper vehicular and driver standards are maintained in the interests of public safety. These conditions should be read in conjunction with the Local Government (Miscellaneous Provisions) Act 1976 and other relevant legislation.

The licence holder will ensure that he or she complies at all times with all of the requirements of any Act and Regulations affecting the operation of private hire vehicles and motor vehicles, these conditions and any Code of Practice or policy implemented by the Council.

Licence holders must ensure before they drive a licensed vehicle that:

• it is in a roadworthy condition, thoroughly cleaned, undamaged and that all equipment, fittings and fixtures are present and working
• the tyres are of the correct pressure and tread depth and the lights are working properly (so far as is possible)
• it complies with all of the conditions attached to the vehicle licence
• the licence plate issued by the Council is securely fixed to the outside rear of the vehicle so that other road users and pedestrians can clearly read it
• any council issued livery is properly displayed
• any roof sign on a hackney carriage is securely attached and working
• they record details of checks and inspections in the relevant record book
• they report any defect discovered to the owner(s) and private hire operator

The licence holder will:

• At all times be clean and respectably dressed with good personal hygiene.
• Behave in a civil and orderly manner, not use foul and abusive language and treat passengers, other road users and authorised officers with courtesy and respect.
• Not discriminate against any person because of their race, colour, creed, age, gender, sexuality or disability.
• Drive at all times in a careful and considerate manner and ensure that both their driving and behaviour are of a high standard.
• Not carry, at any time, any form of object on their person or in their vehicle which could be used as a weapon, without a reasonable excuse. What constitutes a reasonable excuse is to be determined by the Licensing authority.
• Not demand a fare greater than previously agreed between their passenger and the operator or the fare shown on the meter if they are driving a hackney carriage.
• Not smoke or use any electronic smoking device (including ‘vaping’) in a licensed vehicle at any time or allow their passengers to do so.
• Not obtain or retain the contact details of any passenger, including but not limited to telephone numbers, for personal use, nor use such information to make personal contact after the journey has concluded. All contact with passengers must be solely for the purpose of providing the licensed service and in accordance with data protection legislation.
• Keep their licence and identity badge secure and on their person never lend them to any other person.
• Help any passenger getting into or out of the vehicle if requested and take all reasonable steps to make sure that passengers are safe when they are travelling in, getting into or out of the vehicle.
• Take all reasonable steps to ensure the safety of luggage conveyed in, being loaded in or removed from the vehicle.
• Help any passenger with the loading and unloading of their luggage into and out of the vehicle if requested.
• Have successfully completed a Council approved training course before they drive a wheelchair accessible vehicle.
• Provide a receipt for the journey if requested by the passenger.
• Accept card or cashless payments.
• Use the shortest possible route to reach the destination unless the passenger requests a different route.
• Not drive the vehicle without the written permission of the vehicle licence holder.
• Not drink, eat or play audio equipment in the vehicle without the permission of the passenger(s).
• Not use a mobile telephone at any time whilst driving or in control of a licensed vehicle, unless it is being used as a satellite navigation system and the use complies with all road traffic legislation and Highway Code requirements.
• Not cause an obstruction on the highway or any pavement or block any entrance.
• Comply with any parking or waiting restrictions and all road traffic law.
• Safeguard passenger information and comply with any relevant data protection legislation and requirements.
• Make sure that no annoyance or disturbance is caused to residents or other road users when in possession or control of the vehicle.
• Not use the vehicle horn or lights or shout to make the passenger(s) aware that they are ready to collect them.
• Not allow a private hire vehicle to be parked or waiting in such a way that it appears to be a hackney carriage or is waiting to be hired.
• Not carry any passengers in a private hire vehicle where the journey has not been pre-booked via the vehicle’s licensed operator before the start of the journey.
• Not park or stop on a taxi rank for any reason when driving a private hire vehicle.
• Not engage in any dialogue of a “sexual” nature with any passenger(s).
• Not engage in any acts of a “sexual” nature, or have sexual contact, even with consent, whilst in a licensed vehicle.
• Comply with the vehicle licence condition relating to engine idling and must not leave the vehicle engine running unnecessarily, whether on or off the public road, except where permitted by law

If the vehicle being driven by the licence holder is fitted with a taximeter, he or she will not change or obstruct the fare recorded until that passenger has had a reasonable opportunity to examine the taximeter and has paid the fare.

The taximeter must not be tampered with and the vehicle cannot be used for private hire purposes unless the taximeter is in working order.

In a private hire vehicle, the licence holder cannot charge more than any fare agreed with the private hire operator or charge more than the fare stated on the taximeter if the vehicle is fitted with a taximeter and no fare has been previously agreed.

In a hackney carriage the licence holder cannot charge more than the fare stated on the taximeter unless the journey finishes outside of the Council area and the fare has been agreed before the journey commences.

If the vehicle is fitted with a taximeter the licence holder must also ensure that the correct fare table is clearly displayed in the vehicle in such a way that it can be seen by the passenger(s) at all times.

The licence holder must report any accident (motoring or otherwise) involving the vehicle or any damage (including mechanical failure) that affects the safety, performance or appearance of the vehicle in writing to the Licensing Authority within 72 hours of the accident or damage. The licence holder must ensure that the vehicle is not used for hire until it has been inspected and approved by an authorised officer.

The licence holder must wear the driver’s identity badge issued by the Council in a position where it is visible at all times when driving a licensed vehicle.

Should the licence or identity badge be lost or stolen, the licence holder must report it to the

Licensing Authority in writing immediately and not drive a licensed vehicle until they have received a replacement.

The licence holder must return their licence and identity badge immediately if their licence is revoked, suspended or surrendered or when it expires.

The licence holder will not:

• carry or allow to be carried in the vehicle a greater number of people than the vehicle licence permits and is stated on the licence plate.
• carry any additional passengers without the consent of the hirer or carry a child below the age of ten years in the front of the vehicle;
• carry more than one person in the front seat unless the vehicle has manufacturer fitted seats for more than one passenger in the front of the vehicle and is provided with seat belts for all front seat passengers. In this case you must not carry more than 2 front seat passengers;

When carrying any child passenger who is over 135cm in height (approximately 4 feet and 5 inches) or 12 years or older the licence holder must inform them that they must wear a seatbelt

For children under 135cm in height or under 12 years old, if the correct child restraints (i.e. child seats or harnesses) are not available the licence holder must inform their parent or guardian or some other adult responsible for their care that they can travel wearing an adult seatbelt, but this is at the discretion of the responsible adult.

The licence holder will not allow any animal belonging to them or in their care to ride in the vehicle when they are using the vehicle for private hire.

The licence holder must not refuse any request to carry an assistance dog (for example a guide or hearing dog), accompanying a person with a disability unless they have been exempted in writing for medical reasons by the Licensing Authority from this requirement If such an exemption certificate has been issued, it must be clearly displayed within the vehicle.

No additional charge will be made for carrying an assistance dog.

The licence holder must not refuse any reasonable request to carry an animal belonging to the hirer in the rear of the vehicle.

The licence holder must not use the vehicle for private hire unless the bookings are invited and accepted by the operator. The licence holder must ensure that the operator has a current private hire vehicle operator’s licence issued by the Council.

The licence holder must notify the Licensing Authority in writing of the name and address of the operator that they are working for within seven days from the date that they start driving for that operator.

If the licence holder stops driving for the operator, they must notify the Licensing Authority in writing that they have stopped driving for the operator within seven days.

The licence holder must give a copy of their private hire driver’s licence to the vehicle licence holder and operator before starting to drive the vehicle. The vehicle licence holder and operator should keep a copy of this licence until the licence holder stops driving that vehicle.

It is the licence holder’s responsibility to make sure that a valid and appropriate certificate of insurance is in force for the vehicle they are driving before they drive it. The licence holder must also make sure that they do not do anything which might invalidate the insurance. The licence holder must provide the certificate of insurance to an authorised officer or police officer on request.

After each hiring the licence holder must check the vehicle for any left or lost property. If anything is found the licence holder must hand it to the private hire operator within 48 hours.

The licence holder must not obstruct any authorised officer or police officer from carrying out any inspection or test of the vehicle.

The licence holder must provide any of the following documents within five working days if they are requested by an authorised officer:

• the licence holder’s DVLA driving licence and an access code to enable the Council to check the licence
• the licence holder’s taxi or private hire driver’s licence

The licence holder must notify the Licensing Authority in writing within 5 working days of any change in their medical condition that may adversely affect their ability to drive. This includes both temporary and long-term permanent medical conditions.

At all times when the licence holder is driving a licensed vehicle they must be sober and not under the influence of any illegal drugs. If the licence holder takes any prescription drugs for a medical condition, they must make sure that they do not affect your ability to drive.

If the licence holder feels unwell at any time when driving a licensed vehicle, they must stop driving or working until they are fit to return to work.

The licence holder must notify the Licensing Authority in writing within 48 hours if they are interviewed by the police, receive a notice of intended prosecution, arrested, charged, cautioned or convicted of any offence, (including motoring offences, acceptance of speed awareness courses and/or associated court orders and pending court cases) during the currency of the licence. If you are given a Traffic Offence Report, Notice of Intended Prosecution or Fixed Penalty Notice you need to notify in writing within 48 hours of receiving the document, not when the driving licence has been updated. You (or someone on your behalf) must notify the licensing authority in writing within 48 hours if you have been detained by the police.

The licence holder will make their DVLA driving licence available for inspection on request from the Operator, an authorised officer or a police officer.

The licence holder must ensure their DBS Certificate and Update Service registration remain valid and continuously maintained for as long as they hold, or are applying for, a licence

The licence holder must notify the Licensing Authority in writing within 7 days of any change in their address, even if it is temporary. The licence holder must also provide an updated copy of their DVLA driving Licence reflecting any change in address details to the Licensing Authority within one month of any change in his or her address.

If the licence holder has not received written acknowledgement of any notification required by the conditions of the licence from the Licensing Authority within one month, the licence holder must confirm with the Licensing Authority that the notification has been received.

The Council reserves the right to vary, delete or waive any of these Conditions.

If the licence holder is aggrieved by any of these Conditions, they may appeal to a Magistrates’ Court within twenty-one days of when the licence was issued.

Informatives:

Suspension, Revocation or Refusal to Renew Licence

Without prejudice to these Conditions, the Council may suspend, revoke or refuse to renew the Licence on any of the following grounds:

• Any conviction for an offence involving dishonesty, indecency or violence.
• Any offence, or non-compliance with the provisions of the Town Police Clauses Act 1847 or Local Government (Miscellaneous Provisions) Act 1976.
• Failure to comply with any of these Conditions. The Council reserves the right to waive any of these Conditions, at its absolute discretion.
• Failing to pay the appropriate licence fee. The Licence will be suspended immediately if the Licence is obtained by payment that is referred back to the Council by a Bank or other financial institution and revoked if the fee is not paid within ten working days of the payment being referred back to the Council.  Any criminal convictions
• Any other reasonable cause

Other Offences

The licence holder would be guilty of an offence if he or she:

• Wilfully obstructs an authorised officer acting in pursuance of Part II of the Local Government (Miscellaneous Provisions) Act 1976 or the Town Police Clauses Act 1847.
• Fails to comply with any reasonable request of an authorised officer.
• Without reasonable cause fails to give the authorised officer any other assistance or information which they may require.