Hackney Carriage and Private Hire Licensing Policy
11. 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 |