Severe Weather Emergency Provision

The weather is exceptionally hot. For guidance on what to do if you see someone sleeping on the streets of Buckinghamshire see Severe Weather Emergency Provision (SWEP).

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 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