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 Town Police Clauses Act 1847, the Town Police Clauses Act 1889, the Local Government (Miscellaneous Provisions) Act 1976, the Transport Act 1985 and other relevant legislation.

The licence holder must ensure that the vehicle complies in all respects with the requirements of any Act and Regulation affecting the operation of private hire vehicles, hackney carriages, motor vehicles, these conditions and any Code of Practice or policy implemented by the Council.

The Vehicle must be of such design and appearance and include such fittings as are specified by the Council.

The vehicle must be regularly maintained and tested. The vehicle must be checked every day that it is used to ensure that it is roadworthy and complies with these Conditions and that any equipment, fittings or fixtures are present and serviceable. Details of checks and inspections must be recorded in the record book to be kept in line with Condition 16 below.

The colour of the vehicle, its mechanical or structural specification, design, condition or appearance cannot be changed without the prior written consent of the Council. The vehicle, including all fittings, must be kept roadworthy, well maintained and in good working order so that it complies with MOT requirements at all times.

A valid MOT certificate issued by an approved garage must be in force at all times that the vehicle is licensed.

The interior and exterior of the vehicle must be kept in a clean and tidy condition and all bodywork kept free from dents and other distortion and/or damage. Any repairs and cosmetic improvements must be of an acceptable quality with a good paint match. Doors, door locks, boot/tail gate and locks, bonnet, hinges and catches, windows, sunroofs and hoods must operate correctly and all upholstery must be well maintained and free from unsightly repairs, stains and burns.

The vehicle must not be fitted with any additional lights other than those originally fitted by the manufacturer unless they have been approved by the Licensing Authority.

If a roof rack (or roof box) is being used it must be securely fitted to the roof in accordance with the manufacturer’s instructions. All luggage must be properly secured and in the case of a roof rack, a waterproof cover must be fitted. Any roof box must be correctly closed before moving off.

The vehicle must carry a spare wheel to fit the vehicle and the wheel, together with equipment to change the wheel must be securely stored. This does not apply if the vehicle did not include a spare wheel when new, in which case the manufacturer’s alternative (e.g. spray can) will be acceptable.

The vehicle must be fitted with tyres that meet the specifications detailed by the manufacturer in terms of size and speed rating. All tyres must have at least 2 mm of tread across the entire contact surface.

The vehicle must be fitted with nearside and offside exterior rear-view mirrors which must be maintained in a serviceable condition.

Any protective screen within the vehicle must have been installed in line with the Council’s guidelines and be approved by the Licensing Section or an authorised garage prior to use.

The vehicle odometer must not be altered in any way or replaced without the prior written consent of the licensing authority.

The glass in the vehicle must not be replaced with glass that is different from the glass fitted when the vehicle was inspected by an approved testing station. Self-adhesive material (tinted or clear) must not be fixed to any part of the glass.

The vehicle must contain a means of accepting cord or cashless payments.

The licence holder must ensure that all drivers permitted to drive the vehicle check and confirm that it is roadworthy and complies with these Conditions before they drive the vehicle.

Hackney carriages must be fitted with a calendar controlled and sealed taximeter which is tamperproof and has been approved by the Council. It must be mounted in such a way as to avoid injury to the driver or passengers in the case of any collision and where it is visible to passengers. This must be in a safe and practical position in the vehicle where all letters and figures displayed on the meter are clearly visible to any passenger. The letters and figures must be illuminated when in use.

The meter must be set to ensure that the charge will never exceed the amount specified in the Council’s Hackney Carriage Table of Fares.

The meter must be accurate, be capable of showing that the vehicle is or is not hired, it must be fitted with a key or other device that, when turned, will operate the meter and display the word “HIRED”. This key or device must be capable of locking the meter so it does not work and no fare is recorded on it.

When the meter is in use, the fare must be clearly legible on the face of the meter. This fare must be unambiguous and must not exceed the fare permitted by the Council’s Hackney Carriage Table of Fares.

The word “FARE” must be clearly printed on the meter so it clearly indicates the fare displayed.

The meter must only be brought into action and the fare or charge must only commence from the point at which the hirer starts his/her journey.

If the meter fails or does not comply with the conditions, the vehicle must not be used as a hackney carriage.

A notice showing the current Table of Fares must be displayed inside the vehicle in a position where any passengers can easily read it.

You must not (and you must not allow anyone else) to tamper with the meter or any seal on the meter without lawful excuse or alter any meter with the intent to mislead.

You may use a meter in the private hire vehicle only if it is constructed, attached, and maintained in compliance with the requirements above.

Unless the fare is agreed in advance, you must switch the meter on at the point the hirer’s journey commences and keep the meter working until the termination of the hiring.

You must not cancel or conceal the fare recorded until the hirer has had a reasonable opportunity of examining it and has paid the fare (unless a lesser fare has been agreed).

You must ensure that the fare charged does not exceed the fare displayed on the meter at the end of the journey.

Any accidents or damage materially affecting the safety, performance or appearance of the Vehicle or the comfort or convenience of your passengers must be reported in writing to the Licensing Authority within 72 hours of the vehicle being damaged. The Vehicle must not be used until it has been repaired to the satisfaction of the Licensing Authority. Where a vehicle has not been inspected by an authorised officer prior to repairs being carried out, a new MOT certificate will generally be required to ensure that the vehicle is in a roadworthy condition. If you are in any doubt as to whether the vehicle is affected, you must notify the Licensing Authority.

The licence holder must make the vehicle available for inspection by an authorised officer or a police officer at any time and must confirm the location of the vehicle on request.

The licence holder must ensure that the licence plate issued by the Council is securely fixed to the exterior of the rear of the Vehicle at all times and is maintained and kept in such condition that the information contained on the plate is clearly visible to public view at all times. Alteration of the size and condition of the licence plate is not permitted. The plate must be secured to the vehicle by the use of a bracket. If a bracket is not suitable or practicable the plate shall be fixed with the aid of screws and bolts.

The licence plate remains the property of the Council and the licence holder must return the plate to the Licensing Authority immediately upon termination of the licence, whether this is through suspension, surrender, revocation or normal expiry.

The licence holder must report any theft or loss of the plate to the police and the Licensing Authority within 24 hours of becoming aware of the theft or loss. The vehicle must not then be used for hire until a replacement plate has been obtained and fixed to the vehicle.

The licence holder must fix and maintain in good condition and in the specified position, any sign or notice required by the council. All private hire vehicles which are not subject to an exemption must display Buckinghamshire Council issued door signs, which include the vehicle's current licence number, on a door either side of the vehicle. The use of magnets to secure Council issued door stickers is not considered secure and is not permitted unless issued for a temporary vehicle. Vehicles which have been granted executive status are not required to display the Council issued door signs and must not display any form of signage other than the executive style licence plate or disc.

The licence holder must not display any advertisement in or on the vehicle or fix any roof sign to the vehicle that does not comply with the Council’s advertising and signage policy. See appendix 7.

The licence holder must not permit any person to drive the vehicle unless they hold a valid private hire driver licence issued by the Council and the licence holder is satisfied that the individual is safe and suitable to do so

Before permitting or employing a driver to drive the vehicle, the licence holder must obtain a copy of their private hire driver licence and must keep a copy of their current licence until the driver no longer drives the vehicle. The licence holder must also provide a copy of this licence to an authorised officer on request.

Before permitting or employing a driver to drive a wheelchair accessible vehicle, the licence holder must ensure that the driver has successfully completed a Council approved training course or assessment.

The licence holder must notify the Licensing Authority in writing of any driver permitted to drive the vehicle within seven days of the driver being employed or granted permission to drive the Vehicle.

The licence holder will notify the Licensing Service in writing of any complaint relating to the driver within seven days of receipt of the complaint.

The licence holder must notify the Licensing Service in writing of any change in the Operator(s) who operate(s) the vehicle within seven days from the date of the change.

The licence holder must immediately notify the Council in writing of any transfer of their interest in the vehicle and provide the name and address of the person that the interest has been transferred to. The licence holder must return the licence plate and licence before they sell or transfer the vehicle transfer.

The licence holder must ensure that a valid certificate of insurance that complies with the requirements of road traffic legislation is kept in force in respect of each driver of the vehicle and in relation to its use as either a private hire vehicle or a hackney carriage.

The licence holder must produce the insurance certificate to a Police Officer or an authorised officer on request. The licence holder must ensure that the Licensing Service is given a copy of the current insurance cover during the period of the licence.

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.

At all times the vehicle must carry a British Standards approved, hand held fire extinguisher with a pressure gauge, securely fixed and easily accessible to the driver. The extinguisher type must be appropriate for the vehicle and follow manufacturer guidance, particularly for hybrids and electric vehicles, where different requirements may apply. Acceptable types typically include a 1kg dry powder or 2 litre AFFF extinguisher unless the manufacturer specifies otherwise. Extinguishers must be serviced annually (unless replaced) by a competent company, with the inspection details and vehicle licence number clearly displayed.

Drivers and operators are responsible for ensuring the extinguisher remains in good condition and correctly installed. Because the Council does not currently provide fire extinguisher training, drivers must follow the principle of “get out, stay out, call 999”, using the extinguisher only to aid evacuation.

A first aid kit complying with the Health and Safety (First Aid) Regulations 1981 must be carried in all licensed vehicles so that it is immediately available for use in an emergency. All items contained within the first aid kit must be within their expiry date and in good condition.

The licence holder must keep a record book that contains the following information:

• The name(s), address(es), and licence number(s) of the persons permitted or employed to drive the Vehicle.
• The name and licence number of the person in possession of the vehicle at any time.
• Records of maintenance checks and inspections undertaken which must include:
• dates and times of each inspection and maintenance check
• the name of the person or garage which undertook the inspection or check
• details of defects identified and dates when the defects were corrected

The licence holder must retain this record book for a minimum period of twelve months and produce it to the authorised officer on request.

A physical record book is not required; electronic formats such as spreadsheets or approved booking software are acceptable, provided the information can be readily shown to an authorised officer when requested.

The Proprietor and driver shall ensure that the engine of the licensed vehicle is not left running unnecessarily while the vehicle is stationary, whether the vehicle is on a public road or in any other location, including ranks, private land, forecourts, car parks, or while waiting for passengers.

This condition reflects the requirements of regulation 98 and regulation 107 of the Road Vehicles (Construction and Use) Regulations 1986 and Rule 123 of the Highway Code, which prohibit unnecessary engine idling and leaving a vehicle unattended with the engine running on a public road.

For the purposes of this condition, unnecessary idling includes, but is not limited to, leaving the engine running while waiting, parked, or stationary for more than a short period where the engine does not need to be running.

Exceptions

This condition shall not apply where the engine is required to be running:

The driver shall switch off the engine as soon as the circumstances requiring the engine to run no longer apply.

The licence holder must notify the Licensing Service in writing within 7 days of any change of address, even if it is temporary.

If within one month you have not received written acknowledgement of any notification that you were required to make by the conditions of the licence from the Licensing Service, you must confirm with the Licensing Service that the notification has been received.

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 is issued.

Informatives

Suspension, Revocation or Refusal to Renew Licence

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

• that the Vehicle is unfit for use as a private hire vehicle;
• any offences, or non-compliance with the provisions of the Town Police Clauses Act 1847 or the 1976 Act by the Operator or driver;
• failure to comply with any of these Conditions;
• failure to pay the appropriate licence fee. The Licence shall 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.

(b) The Licence shall be deemed to be revoked should any defect(s) set out in a notice issued under Section 68 of the 1976 Act be not corrected to the satisfaction of the Authorised Officer within two months from the date the notice is issued.

Other Offences

The licence holder will be guilty of an offence if they:

• wilfully obstruct an Authorised Officer acting in pursuance of Part II of the 1976 Act or the Town Police Clauses Act 1847;
• fail to comply with any requirements properly made to him or her by the Authorised Officer;
• without reasonable cause fail to give the Authorised Officer any other assistance or information which the Authorised Officer may require for the performance of his or her functions.