city of york council hackney carriage and private hire licensing

city of york council hackney carriage and private hire licensing

CITY OF YORK COUNCIL HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING GUIDANCE NOTES FOR APPLICANTS PLEASE RETAIN FOR YOUR FUTURE REFERENCE UPDATED: JA...

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CITY OF YORK COUNCIL

HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING

GUIDANCE NOTES FOR APPLICANTS

PLEASE RETAIN FOR YOUR FUTURE REFERENCE

UPDATED: JANUARY 2018 AMR/TL

-1-

This booklet is intended to give you guidance on applying for a hackney carriage or private hire driver’s licence. The hackney carriage and private hire licensing policy document is available on the council’s website at: https://www.york.gov.uk/downloads/download/3192/taxi_licensing_policy The policy was approved January 2017.

HOW TO CONTACT TAXI LICENSING The contact address for Taxi Licensing is:

The Eco Depot Hazel Court James Street York YO10 3DS

Please ring York 551438 if you need to speak to a member of the taxi licensing staff. If you need to see a member of the taxi licensing staff, you must ring the office first to make an appointment. Appointments are currently available on a Tuesday or Thursday. You will not normally be seen by a member of taxi licensing if you have not made a prior appointment. The reception at the Eco Depot is located directly to the right of the main entrance. There is a separate entrance for pedestrians which is clearly signed.

In the interest of safety, no children or dogs are permitted entry onto the site, therefore, please do not bring children or pets with you to appointments.

We cannot accept cash in payment of any fees or charges. accepted:-

The following methods of payment are

Debit or credit card (from 13.01.18 there will no longer be a 2% surcharge for credit cards) Cheque Postal Order (Only debit or credit card payments will be accepted in relation to the fee for a Disclosure and Barring Service criminal record check)

N.B. There is very limited parking for visitors to the Eco Depot. If you plan on arriving in a vehicle you are advised to park your vehicle elsewhere. The nearest public car park is at Foss Bank.

-2TO APPLY FOR A HACKNEY CARRIAGE OR PRIVATE HIRE DRIVER'S LICENCE YOU NEED TO BE:a) b) c)

over 18 years of age the holder of a full DVLA driving licence for a period exceeding one year a fit and proper person to drive a vehicle on public/private hire

Please note: your DVLA driving licence must be in your correct address.

FIRST APPLICATION FOR A DRIVER'S LICENCE a)

All applicants are required to complete an application form and are reminded that it is an offence to knowingly or recklessly make any false statement or omit relevant information.

b)

All applicants are required to complete and pass a taxi driving assessment with either Green Penny or The Blue Lamp Trust. The driving assessment must be booked online at: Green Penny http://www.greenpenny.co.uk/taxi-assessment-booking-form For enquiries – telephone 0844 870 2647 or email [email protected] The Blue Lamp Trust https://www.bluelamptrust.org.uk/?f=Driver_Training/taxi_driver_assessment.php For enquiries – telephone 0333 700 0157 Monday to Friday between 9.30am and 3.00pm N.B. If you intend driving a wheelchair accessible vehicle, you must also complete and pass the wheelchair assessment with Green Penny. If you wish to do the standard assessment and the wheelchair assessment at the same time, you must book the enhanced assessment. The Blue Lamp Trust do not offer a wheelchair assessment.

c)

All applicants are required to undertake an Enhanced Disclosure with the Disclosure and Barring Service (DBS). The City of York Council is empowered in law to check with the Disclosure and Barring Service for the existence and content of any criminal record held in the name of the applicant (Protection of Freedoms Act 2012 and Part V of the Police Act 1997). Information received from the Disclosure and Barring Service will be kept in strict confidence while the licensing process takes its course and will be retained for no longer than is necessary. The disclosure of a criminal record or other information will not debar the applicant from gaining a licence unless City of York Council considers that the conviction(s) render them unsuitable. In making this decision, City of York Council will consider the nature of the offence, how long ago and what age you were when it was committed and any other factors which may be relevant. Please note that information contained on the DBS Disclosure Certificate may cause us to invite an applicant for interview to discuss the information received and this will be done before any decision regarding the application is made. Any applicant refused a driver's licence on the grounds that he/she is not a fit and proper person to hold such a licence will be notified in writing. The Disclosure and Barring Service has a Code of Practice for the handling and storage of Disclosure information. We abide by the Code of Practice. A copy of this can be made available to you on request. Further information regarding convictions can be found in the sections headed: 

Guide to the Rehabilitation of Offenders Act 1974 Guidelines for Assessing Applicants for Hackney Carriage and Private Hire Drivers’ Licences

-3Further information on the Disclosure and Barring Service – Applying for a Disclosure can be found on Page 6. d)

In addition to a DBS Disclosure, where an applicant has resided outside of the United Kingdom, a Criminal Record Check and/or Certificate of Good Conduct from the country/countries in which they have previously resided since the age of 18 years must be provided in English. This may usually be obtained from the relevant embassy. Should an applicant be unable to provide a Criminal Record Check and/or Certificate of Good Conduct, they must provide a separate signed declaration detailing the attempts made to obtain such a certificate. The declaration must also state whether they have been found guilty or have been convicted or charged with any offence against the law in any country. This declaration must be signed in the presence of a solicitor and be duly countersigned and the form stamped by the solicitor.

e)

All applicants must attend Knowledge and Safeguarding training, this is a full day’s training course which includes a test. Further details on this training can be found on page 22.

f)

All applicants must submit a medical certificate on the approved form issued by the Council which must be completed and signed by a registered medical practitioner. The medical examination is to be conducted to DVLA Group 2 medical standards for passenger carrying vehicles. It is the applicant's responsibility to arrange for the necessary medical examination at his/her own expense. The medical examination includes an in depth vision assessment that must be filled in by your doctor or by an optician/optometrist. Some doctors will be able to fill in both the vision and the medical assessment sections of the report. If your doctor is unable to fully answer all the questions on the vision assessment you must have it filled in by an optician or optometrist. If you do not wear glasses to meet the eyesight standard or if you have a minus (-) eyesight prescription, your doctor may be able to fill in the whole report. If you wear glasses and you have asked your doctor to fill in the report, you must take a copy of your current prescription to the medical assessment. Please note that the medical examination must be carried out with reference to your current medical records. It is therefore advisable that your medical is carried out at your own GP practice in order that reference can be made to your medical records. If the medical certificate produced is not satisfactory in any respect, you may be required to provide additional medical evidence concerning your fitness and to submit to a further examination by a doctor selected by the Council.

g)

All applicants are required to produce their Birth Certificate. Additionally, if born abroad but now a British Citizen, the Certificate of Naturalisation issued by the Home Office must be produced.

h)

You must be eligible to live and work in the UK and provide documentary evidence of this. For more information on working in the UK please visit the Government website – www.gov.uk/government/organisations/uk-visas-and-immigration

i)

All applicants are required to attend a child sexual exploitation (CSE) awareness session organised by the council. The course may be undertaken as part of the licensing procedure or within six months of the licence being granted, dependant upon availability of the CSE sessions.

-4PROCEDURE FOR APPLYING FOR A LICENCE 1) Applicant completes the appropriate application form. 2) Applicant must ring the taxi licensing office on (01904) 551438 to make an appointment to return the completed application form along with the following:   

one colour passport type photograph DVLA photocard driving licence or old style paper driving licence “check code” from DVLA for viewing driving licence details * Identity documents required for the DBS Disclosure (you will be advise which documents are required when you make the appointment)

* On 8th June 2015 the DVLA abolished the paper counterpart to the photocard driving licence and endorsements are no longer added to the paper driving licences issued prior to the photocard licences. We need to view the applicant’s driving licence details and to do this we will require the applicant’s permission to view their driving licence details on the DVLA’s website. To obtain a “check code” go to www.gov.uk/view-driving-licence and follow the instructions. You will need your driving licence number, National Insurance number and postcode. If you cannot generate a check code online you can call 0300 083 0013 and DVLA will provide you with a code. The “check code” is valid for 21 days and can only be used once although there is no limit to the number of check codes that can be generated. It is important, therefore, that the code is obtained within 21 days of an appointment with taxi licensing. The Disclosure and Barring Service (DBS) Disclosure Form is to be completed at this appointment and the supporting identity documents required by the DBS are to be produced. N.B. There is a payment of £44.00 which is payable by debit or credit card at the time a hackney carriage or private hire application form is returned and the DBS Disclosure Form is completed.

Applications normally take at least 8 weeks to process, depending on the length of time that the Disclosure and Barring Service takes to process a Disclosure application. Failure of the knowledge and safeguarding test will significantly delay the application. At the time a hackney carriage or private hire driver’s licence is granted, the DBS Disclosure Certificate, Criminal Record Check from abroad (if applicable) and medical form must be dated within 6 months preceding the issue of the licence. It will be necessary for an applicant to undertake an additional DBS Disclosure, medical and/or Criminal Record Check from abroad (if applicable) if any of these documents are outside of this timescale. Please note that the medical form can be requested at any time during the licence application process, however, it is entirely at the applicant’s own financial risk should they choose to undergo the medical examination before passing the knowledge and safeguarding test. In the event that the applicant needs to take multiple knowledge and safeguarding tests, the medical may be out of date before the application process has been completed. Applications remain valid for a period of 12 months. If you do not pass and complete all of the required tests within this time period, your application may be cancelled. If Officers are not satisfied that the applicant should be granted a driver's licence, the applicant will be invited for an interview with the Licensing Manager prior to a decision being made. The applicant will be notified in writing if their application is refused. Applicants should be aware, however, that a final decision on an application will not be made until all aspects of the application have been completed.

-5-

Hackney carriage and private hire driver licences are granted for a period of three years. N.B. The main legislation dealing with hackney carriage and private hire licensing is the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847 and 1889. If you require advice on this legislation you are advised to consult a Solicitor.

-6DISCLOSURE AND BARRING SERVICE – HOW TO COMPLETE THE DISCLOSURE APPLICATION FORM

Please complete sections A, B, C & E. Questions 28 and 29 of Section A do not need to be completed. Please do not complete section D. All fields, except those detailed above, must be completed in order for the DBS to process the application form. Some guidance is provided below for common mistakes or omissions. A member of staff from taxi licensing will assist you with the completion of the DBS form. The form must be completed in BLOCK CAPITALS using BLACK INK. Commence each line on the first square – do not indent any line. Please leave one square between words. Please leave any fields unanswered blank – do not draw a line through them. Section A:

Forenames – Please include all forenames (including middle name even if you do not use it) Date of birth – Format to be used is DDMMYYYY (e.g. 14051971 would mean 14th May 1971) You must provide details of your national insurance number, UK driving licence number and passport details (if you are in possession of a valid passport) – please bring these with you to your appointment. If you are registered with the Scottish Vetting and Barring Scheme you must also bring details of your Scottish Vetting and Barring number.

Section B:

Current address Question 37 – Format to use for the date is month and year (MMYYYY), i.e. 072003 would mean July 2003

Section C:

Other addresses If you have not lived at your current address for five years, you must provide your address history for the last five full years (use a continuation sheet if necessary). Dates from and to – Please give month and year (e.g. 011997 to 062002)

Please ask for a continuation sheet if you need one to complete name and/or address history. You need to provide documents to prove your identity and current address. The more documents you can produce, the quicker your disclosure application can be processed by the DBS. You will be advised which documents we require when you make the appointment with Taxi Licensing to return your application form and complete the DBS disclosure form. Your National Insurance number must be entered on to the disclosure form – please bring this number with you. If you are not using your passport and/or driving licence as identity documents, please make a note of your passport number and driving licence number and bring these with you as these numbers must be entered on to the disclosure form. If you have not lived at your current address for more than five years you will be required to provide an address history covering the last five years. You are required, if possible, to provide documentation to prove the address history. Further information regarding the DBS Disclosure service can be found at www.gov.uk/government/organisations/disclosure-and-barring-service

-7Payment Method The cost of a Disclosure is £44.00. City of York Council has payment on account terms with the DBS. The £44.00 fee must be paid by the applicant by debit or credit card at the time the DBS disclosure form is completed.

Applicant-only Certificates Since 17th June 2013, the DBS only issue disclosure certificates to the applicant and no longer send a copy of the certificate to taxi licensing. This differs from the previous system where both the applicant and taxi licensing received a copy of the disclosure certificate at the same time. When you receive your disclosure certificate from the DBS you must ring taxi licensing to make an appointment to produce the certificate. We will photocopy the certificate and the original will be returned to the applicant. The photocopied certificate will be kept securely while the licensing process takes its course and will be retained for no longer than is necessary.

-8WHAT YOU NEED TO DO TO OBTAIN A VEHICLE LICENCE

Only the following European Emission Standards will be accepted for new private hire vehicle applications and any subsequent replacement of these vehicles:   

Petrol vehicles – Euro 5 or better Diesel vehicles – Euro 6 Ultra low emission vehicles - defined as 75g CO2/km

Petrol cars – any vehicle first registered from 1st January 2011 will be Euro 5 or better. Diesel cars – any vehicle first registered from 1st September 2015 will be Euro 6. If there is any dispute about the Euro emission standard of any vehicle registered before these dates, the onus will be on the applicant to prove to the satisfaction of the Licensing Manager that the vehicle was manufactured to and meets the appropriate European emission standard.

When purchasing a vehicle which you intend to licence for private hire use, please ensure it is of the appropriate European emission standard and it fully complies with the private hire vehicle licence conditions. Please pay particular attention to the internal space and seating sizes. The vehicle must not have tinted windows which do not comply with the vehicle licence condition, i.e. 75% light transmittance through the front windscreen, 70% light transmittance through windows to either side of the driver’s head and 50% light transmittance through all other windows (including the rear window). There is an exception for estate vehicles. Please see the vehicle licence conditions for the full wording. The onus is on the applicant to prove that windows which are tinted comply with this condition. The vehicle boot or luggage space must be capable of carrying two suitcases (a large one measuring 720mm x 460mm x 280mm and a medium one measuring 660mm x 430mm x 280mm) and a folding wheelchair (but not at the same time).

The vehicle to be licensed must be inspected by the council at its depot at Hazel Court, James Street. Arrangements for the date and time of inspection should be made with the taxi licensing office. The vehicle must be presented in a mechanically sound condition with bodywork in good order and comply in all other respects with the conditions set out below. All vehicles are tested before the initial grant of a vehicle licence and then on an annual basis. Additionally, vehicles exceeding five years old (from the date of first registration) on the day of licensing, will be subjected to a vehicle safety examination approximately six months from the date of initial grant or annual inspection as part of the periodic inspection programme at a date determined by the council. We will notify you when the vehicle is due for either an annual inspection or the interim safety examination. Vehicle tests will also be carried out when the licensed vehicle is changed for another and immediately after accident damage repairs (at the officer's discretion).

The Vehicle Registration Document, MOT Test Certificate, normal vehicle insurance and proof of vehicle ownership must be made available at the time of inspection. Private hire/public hire insurance must be produced before the issue of any vehicle licence. The following documents will be accepted as proof of vehicle ownership:a) Where a vehicle has been purchased from a car dealership (garage) – a bill of sale (receipt), which is dated, contains the full name and address of the seller, the purchaser and full description of the vehicle including make, model and registration number. b) Where a vehicle has purchased a vehicle by way of private sale – the seller and purchaser shall sign a formal Statutory Declaration clearly identifying ownership of the vehicle. Such a declaration shall be given under oath in the presence of a solicitor.

-9c) A Hire Purchase Agreement which is dated, contains the details of the vehicle and the full details of the person(s) to who the agreement applies. d) A lease agreement containing full details of the vehicle, the lessee and the lessor.

Vehicles equipped with a taximeter of an approved design (these are compulsory for a hackney carriage but optional for a private hire vehicle) must also submit the meter for a test. Meters are tested over the "measured distance" located on Fulford Road by the taxi licensing vehicle inspector. Please note: meters will not be tested until the vehicle has been licensed. The suitability of the vehicle is determined by the mechanical and general condition of the vehicle under the main headings listed on the inspection report reproduced on page 11. A vehicle will not normally be granted a licence if it has sustained accident damage resulting in structural distortion beyond the accepted limits of the vehicle manufacturer or has been disposed of under insurance salvage agreement categories A and B. With regards to categories C and D, licensing will be dependent on the level of damage. Additional items that are subject to byelaws and vehicle conditions will also be examined. The vehicle must be presented for test in a clean and tidy condition, which includes the engine compartment, so that close examination may be carried out. Where it is intended to use a vehicle with a roof rack, the vehicle must be presented for test with the rack fitted so it can be examined and passed fit and suitable. Unauthorised signs and notices must not be displayed in or on the vehicle without the approval of the council. (Further information regarding advertising can be found on page 12). Fire extinguishers must conform to the European Standard BS EN3 - please ensure this is printed on your fire extinguisher.

Engine Size Licensed vehicles shall have a minimum engine capacity of 1250cc.

Spare Wheels All vehicles must carry a spare wheel and the tools required to undertake a change of wheel. Exemption from this policy will be granted under the following conditions:

The use, in emergencies only, of a space-saver tyre, run flat tyres (when punctured) or puncture repair kit for all vehicles that are manufactured and delivered with such tyres or kits as standard.



That in the event of a space-saver tyre, run flat tyres (when punctured) or puncture repair kit being used, it is only to complete a fare and must comply precisely with the manufacturers’ recommendations. Any such defective wheel should be replaced before taking another fare to ensure passenger safety.



In cases where a rear loading wheelchair accessible conversion or a LPG conversion where the tank occupies the usual site of the spare wheel, is considered suitable, the vehicle should be exempt from the requirement to carry a spare wheel matching those fitted to the vehicle. This would be subject to the vehicle meeting the luggage criteria and being approved by the specialist converters. In these instances an alternative space saver tyre or puncture repair kit must be carried on the vehicle for emergencies.

- 10 

All other licensed vehicles must carry a spare wheel matching those fitted to the vehicle and an appropriate means of changing the wheel.

Hackney carriage vehicle licences are renewed for the 1st June each year and private hire vehicle licences are renewed for the 1st November each year. There is no reduction for vehicle licences issued part way through the licensing year. The licence fee is paid for the grant of the licence regardless of the length of time it is issued for. Please note that a licensed vehicle is always a licensed vehicle and cannot be driven by anyone other than a licensed person.

For Your Information All private hire vehicles must have a MOT certificate when the vehicle reaches three years old from date of first registration. All hackney carriage vehicles must have a MOT certificate when the vehicle reaches one year old from date of first registration (Road Traffic Act 1988, Chapter 52, Part 2, Section 47 (3)).

- 11 HACKNEY CARRIAGE / PRIVATE HIRE VEHICLE INSPECTION

The mechanic and taxi licensing vehicle inspector will check all items listed below. This is not an exhaustive list as the inspection may show up a fault on a part not included on the list but is relevant to the safety of a vehicle being used as a hackney carriage or private hire vehicle. Additionally, the vehicle will be checked for compliance with all vehicle licence conditions.

VEHICLE EXTERIOR Condition/operation of obligatory lights, horn, wipers, washers & mirrors. Roof sign (approved & light working) (HC) Condition/operation of doors, hinges, handles, locks & windows Windscreen condition Condition & security of number plates Condition & security of licence plate(s) Advertising (approved) General conditions of bodywork & bumpers Visually check exhaust emissions Bull bars not fitted

INSIDE BOOT Boot interior cleanliness Boot floor/inner wings corrosion Jack & tools in order DRIVING CONTROLS Condition & operation of driving controls including steering wheel, pedals, parking brake lever, switches & other controls Seat security & condition

INTERIOR OF VEHICLE Cleanliness & condition of headlining, seats and floor covering Security, condition & operation of seat belts Suitability of wheel chair facilities, ramps, clamps or anchorage’s etc.

ENGINE BAY Cleanliness & lack of fluid leaks Security & condition of engine & ancillaries Condition & security of any visible steering mountings Condition & security of battery & accessories Visible wiring loom condition

ENGINE BAY Brake/clutch master cylinder condition/fluid levels Condition of bonnet, fittings & inner wings Chassis members WHEELS AND TYRES Condition of wheels including spare Condition of tyres & tread depth including spare Suitability/compatibility of tyres including spare

UNDERSIDE Condition of chassis, floor, sills & cross members Security & condition of suspension system & mounting Condition of front and rear anti-roll bars and components Condition of brake pipes, hoses & visible linings Condition and operation of brake discs & pads Condition & operation of parking brake Condition of fuel system Condition of exhaust system Evidence of any fluid leaks Security & condition of transmission shafts Security & condition of steering system Security & condition of inner & outer drive shaft boots Security & condition of wheels, hubs & bearings Condition of engine & transmission mountings

ROLLER BRAKE TEST Service brake efficiency Parking brake efficiency

- 12 CONDITIONS UNDER WHICH ADVERTISING ON HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES WILL BE PERMITTED

Where vehicle licence conditions permit, vehicle licence holders may place advertising material in or on their vehicle in accordance with their licence conditions. Approval must first be sought and the advertising inspected by the taxi licensing office prior to the vehicle going into service. 1)

TYPE OF ADVERTISING PERMITTED a) b) c) d)

e) f) g) 2)

No advertising will be permitted which causes public offence. No vehicle shall display external advertising from more than one advertiser. Advertising material must comply with all aspects of Advertising Standards legislation and the published guidelines of the Advertising Standards Authority. No vehicle shall display advertising relating to:- Alcohol - Cigarettes or other tobacco products - Any political or religious organisation or campaign No advertising material shall cause the vehicle to break Road Traffic Legislation or render the vehicle hazardous to its driver, passengers or other road users. All advertising artwork must be to a high standard. Artwork must be durable to the rigours of display on a vehicle in daily use.

ADVERTISING DISPLAYED ON VEHICLE BODYWORK Hackney carriage vehicles may display advertising material mounted or painted on the front and rear of the vehicle. The sides of the vehicle must remain free of advertising in order to give sufficient prominence to the coat of arms decal which aids identification of the vehicle as a City of York licensed hackney carriage. Private hire vehicles may display advertising material mounted or painted on the front and rear of the vehicle. The doors must remain free of advertising in order to give sufficient prominence to the Operator's details.

3)

ADVERTISING IN THE FORM OF REAR WINDOW STICKERS One rear window sticker is permitted. The sticker can be no more than 5cm (2”) high and 38cm (15”) wide or 13cm (5”) high and 13cm (5”) wide. It must be positioned at either the: i. bottom left hand corner of the window; ii. bottom right hand corner of the window; or iii. top of the window. The sticker must not obscure the driver’s visibility. No other advertising window stickers may be displayed. Vehicle dealer stickers will be considered as advertising stickers, therefore, no other sticker may be displayed.

4)

ADVERTISING INTERNALLY WITHIN THE VEHICLE Hackney carriages and private hire vehicles may display advertising within their vehicle in the form of a panel displayed in a position visible to passengers but not interfering with the driver's vision or the passenger's ability to see out of the windows.

- 13 5)

ADVERTISING INTERNALLY WITHIN THE VEHICLE VIA TV SCREENS (DIGITAL MEDIA TECHNOLOGY) Hackney carriage and private hire vehicles may install in-vehicle digital media technology to be used for advertising purposes and/or live feed material. To use this form of technology for advertising purposes and/or live feed material it must comply with the following conditions: a) Digital media systems must be approved by the licensing authority before they are installed. b) All broadcast material must comply with the OFCOM Broadcasting Code. c) All films/video material must be classified by the BBFC as U or exempt from classification. d) The only live feed material that can be shown is national/local news and weather. e) All equipment must comply with any legislative requirements in respect of Construction and Use Regulations and other legislation. f)

All equipment must be designed, constructed and installed in such a way and in such material as to present no danger to passengers or driver, including from impact with the equipment in the event of an accident or damage from the electrical integrity being breached through vandalism, misuse or wear and tear.

g) The equipment must not interfere with any other safety, control, electrical, computer, navigation, satellite or radio system in the vehicle. h) The intensity of any screen should not be such as to be visually intrusive or dazzling. The position of the screen must not obstruct the passenger’s view of the meter and the visibility of the screen to following vehicles should be minimal. i)

Any screen shall be no larger than 15”.

j)

All equipment must be installed in the driver’s compartment and should not be visible from the driver position. The screen may be installed in the driver and front passenger seat headrests, or other suitable location agreed by the licensing authority.

k) The installation must not be such as to weaken the structure or any other component part of the vehicle or interfere with the integrity of the manufacturer’s original equipment. l)

The design must be discreet and complement the interior furnishing of the vehicle.

m) The system must include safeguards to maintain the integrity of the system and prevent the display of unapproved material. n) Passengers must be able to control the volume level, including turning the sound off. The driver must have overall control of the volume to make sure it does not distract them while driving. The sound should be automatically muted when the intercom is operated. o) Passengers must be able to turn the screen off. p) A notice should be displayed within prominent view and physical reach of all passenger seats giving instructions to passengers as to adjusting the volume and turning the screen off. The notice shall be in a suitable format and design for visually impaired people and visible in low light conditions. q) The mute/volume control must be accessible from the nearside and offside passenger seats. r) Once activated the mute should continue without further activation by the passenger until the passenger leaves the vehicle. s) All equipment must be protected from the elements, secure from tampering and located such as to have no impact on the seating and luggage carrying capacity of the vehicle.

- 14 6)

COMPLIANCE WITH THESE CONDITIONS Vehicles displaying advertising without approval contravene the vehicle licence conditions and in the case of hackney carriages, the byelaws, and if prosecuted would be liable to a fine of up to £500. The vehicle licence could also be suspended until such time as the material has been removed from the vehicle (subject to the right of appeal to the Magistrates' Court). A vehicle licence will also be suspended if artwork is incomplete due to bodywork repairs.

The taxi licensing office will exercise this authority in the interests of the citizens and visitors to York.

- 15 WHAT THE LICENCE WILL COST YOU The following fees are applicable from 10th April 2017:£ Private hire driver's licence – new application (3 year licence) Private hire driver’s licence – renewal (3 year licence)

263.00 174.00

Private hire vehicle licence – new application Private hire vehicle licence – renewal

179.00 141.00

Hackney carriage driver's licence – new application (3 year licence) Hackney carriage driver's licence – renewal (3 year licence)

263.00 174.00

Hackney carriage vehicle licence – new application Hackney carriage vehicle licence – renewal

191.00 153.00

Horse drawn hackney carriage vehicle licence – renewal

131.00

Vehicle inspection fee Vehicle inspection retest fee Change of vehicle fee Duplicate licence fee – per licence Change of name or address on licence – one licence Change of name or address on licence – two licences Vehicle licence transfer fee Knowledge test fee – per test Administration charge for various activities including bounced cheques Driver's badge – replacement charge Internal vehicle plate – replacement charge Private hire vehicle plates (set of 2) – replacement charge Private hire vehicle plates – new application (includes internal plate) Private hire vehicle plates and signage exemption certificate fee Hackney carriage vehicle plate – replacement charge Hackney carriage vehicle crests – adhesive (per set) Private hire operator’s licence (5 year licence) 1 – 10 vehicles 11 – 30 vehicles 31 – 50 vehicles 51 – 70 vehicles 71 – 90 vehicles 91+ vehicles

47.00 31.00 31.00 15.00 15.00 20.00 26.00 18.00 31.00 10.50 8.00 31.00 39.00 40.00 28.00 15.00 134.00 192.00 249.00 307.00 365.00 423.00

Private hire operator’s licence – change of company name

26.00

The above fees are reviewed annually and are likely to change on 1st April each year. Hackney carriage vehicle licences are renewed for the 1st June each year and private hire vehicle licences are renewed for the 1st November each year. There is no reduction for vehicle licences issued part way through the licensing year. The licence fee is paid for the grant of the licence regardless of the length of time it is issued for.

GUIDELINES FOR ASSESSING APPLICANTS FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS' LICENCES

THE REHABILITATION OF OFFENDERS ACT 1974

- 17 GUIDELINES FOR ASSESSING APPLICANTS FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS’ LICENCES Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, Schedule 2 as amended by the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendments) Order 2003, *taxi driver licences are listed under Excepted Licences and under Schedule 3, proceedings relating to a taxi driver licence are listed as Excepted Proceedings. This means that the Rehabilitation of Offenders Act 1974 does not apply to any person applying for a private hire or hackney carriage driver’s licence on initial grant or on renewal. You are therefore required to declare every offence for which you have been convicted or received a formal caution from the Police, whether or not it is spent within the terms of the Rehabilitation of Offenders Act 1974. * “taxi” driver is defined as both hackney carriage and private hire

When considering the effect a conviction or convictions may have on an application for a private hire or hackney carriage licence, each individual case will be decided on its own merits. The offences listed below are examples of those considered particularly relevant but are not exhaustive and all convictions will be considered including those which are spent. Regard will be had both to the seriousness of an offence and to repeated offending. The overriding consideration will be the protection of the public. In addition to their right of appeal to the Magistrates' Court under the Local Government (Miscellaneous Provisions) Act 1976, applicants will be offered an opportunity to appeal against the refusal of an application to the Council’s Environment Appeals Committee. Offences of a sexual nature or involving indecency or involving obscene materials These include consensual sex with others under the age of consent. It is recognised that drivers carry great numbers of underage persons who could be vulnerable to improper advances. Applicants with unspent convictions for these offences will not normally be considered fit and proper. Offences of Violence A driver with violent tendencies, whether it is violence towards men or women or sexual aggression, may not be a suitable person to drive the public. The public may on occasions be difficult and unco-operative and on other occasions may be travelling on their own and be very vulnerable. Applicants with unspent convictions for offences involving violence will not normally be considered fit and proper. Offences of Dishonesty Drivers are in a position to illegally obtain money or property whilst carrying out their work. This could range from over charging to burglary. For example, drivers often become aware of when properties are empty and when the occupants are expected to return. Applicants with unspent convictions for offences involving dishonesty will not normally be considered fit and proper. Offences involving Drugs Drivers are in a position to be involved in the dealing and transportation of controlled drugs. Applicants with unspent convictions for offences involving drugs will not normally be considered fit and proper.

- 18 Offences of Driving Under the Influence of Alcohol or Drugs Offences involving substance abuse may indicate an inability to control the use of such substances with a potential to affect the driver’s safety on the roads. Where an applicant is convicted of this offence they will normally not be considered fit and proper until the expiry of five years. Traffic Offences Motoring offences are important in relation to someone who intends to earn their living driving the public. An applicant with an unspent conviction for a serious road traffic offence or repeated minor offences will not normally be considered a fit and proper person. Offences involving Discrimination Offences concerning discrimination are a concern to all in society and drivers are in a position to discriminate against selected groups or individual passengers. An applicant with an unspent conviction for discrimination against any sector of the community will not normally be considered a fit and proper person. Convictions During the Currency of a Licence A current licence holder who is convicted of any offence contained within these guidelines during the course of the currency of a licence will normally have his/her licence suspended or revoked.

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GUIDE TO THE REHABILITATION OF OFFENDERS ACT 1974 (AS AMENDED BY SECTION 139 OF THE LEGAL AID, SENTENCING & PUNISHMENT OF OFFENDERS ACT 2012) SENTENCE

REHABILITATION PERIOD

Prison sentence of over 4 years or a public protection sentence regardless of the length of sentence

Never spent

Prison sentence of more than 30 months up to and including 48 months

7 years from the end of the sentence (including time on licence)

Prison sentence of more than 6 months up to and including 30 months

4 years from the end of the sentence (including time on licence)

Prison sentence of 6 months or less

2 years from the end of the sentence (including time on licence)

Probation Order

12 months from the end of the order

Community Order or Youth Rehabilitation Order

12 months from the end of the order (Where the order does not specify the last date on which the order is to take effect, the rehabilitation period is 2 years from the date of conviction)

Fine

1 year from the date of conviction

Conditional Discharge Order

The last day on which the order has effect

Compensation Order

Once the compensation is paid in full (Proof of payment from the court must be produced to prove the compensation order has been paid in full)

Absolute Discharge

No rehabilitation period

Conditional Caution or Youth Conditional Caution

3 months or when the caution ceases to have effect if earlier

Simple Caution or Youth Caution

Spent immediately

Binding Over Order

Period of the order

Attendance Centre Order

Period of the order

Hospital Order (with or without a restriction order)

Period of the order

Where 2 or more sentences have been imposed in respect of a single conviction, the longer period applies to both. Generally, where a person commits a further offence during a rehabilitation period, neither can be regarded as spent until both periods have elapsed. NOTE: It is the prison sentence imposed by the Court that counts (even if it is a suspended sentence) not the time actually spent in prison.

- 20 An endorsement for a road traffic offence listed in Schedule 2 of the Road Traffic Offenders Act 1988, imposed either by the court or by means of a fixed penalty notice (FPN) is a sentence for the purpose of the 1974 Act and will become spent after 5 years. Penalty points and a driving disqualification imposed by the court on conviction will become spent when they cease to have effect (penalty points have effect for three years as set out in road traffic legislation). Where they court imposes more than one sentence or penalty for the offence then the longest rehabilitation period determines when the conviction may become spent. Example An adult is convicted of a road traffic offence and the court imposes a fine (rehabilitation period 1 year), an endorsement (rehabilitation period 5 years), penalty points (rehabilitation period 3 years) and driving disqualification for 1 year (rehabilitation period 1 year); the rehabilitation period for this conviction will be 5 years because the endorsement carries the longest rehabilitation period.

Important note: This guide is intended for guidance only. It is not legal advice and must not be regarded as a definitive interpretation of the 1974 Act. Anyone in doubt should seek their own legal advice.

KNOWLEDGE AND SAFEGUARDING TRAINING

YORK CITY CENTRE PEDESTRIANISATION SCHEME

- 22 KNOWLEDGE AND SAFEGUARDING TRAINING GUIDANCE In preparation for the training day you should familiarise yourself with the Council’s Taxi Licensing Guidance Notes for Applicants. This training day is provided by the Council’s Workforce Development Unit, it runs regularly throughout the year and costs £80.00. In order to book your place please contact [email protected] or go online to www.yorkworkforcedevelopment.org.uk and search for Taxi. An applicant who fails to turn up for the training day, or who arrives too late to sit the knowledge test, will forfeit the payment for the training. The Knowledge and Safeguarding training day will cover a variety of topics aimed at helping you in your new role. These topics include:       

Disability Awareness; Child and Adult Safeguarding; Sexual Exploitation; Equality Awareness; Customer Service; Legislation and Byelaws; and York’s Pedestrian Zone awareness.

The day will end with a test on these subject areas, along with question relating to routes within the York area, locations and places of interest, which you will be expected to pass in order to progress your application. If you fail the test you will be able to re-sit it. All applicants will be able to take a maximum of 6 tests. To book a re-sit please contact the Taxi Licensing Section. Re-sits will take place at the Eco Depot, Hazel Court, York and cost £18.00, payment will be taken at the time of booking. Should you feel that you may need assistance for any reason in sitting this test, please do not hesitate to contact the Workforce Development Unit or the taxi licensing office beforehand who will endeavour to assist you.

FOR YOUR INFORMATION Disability Discrimination All applicants need to be aware that it is a requirement under Sections 168 & 170 of the Equality Act 2010 (previously under the Disability Discrimination Act 1995) to carry guide, hearing and assistance dogs and a passenger cannot be refused because they have a guide, hearing or assistance dog unless the driver has a medical exemption certificate issued by the taxi licensing department of City of York Council. If a driver fails to comply with this requirement, they will be guilty of a criminal offence and on conviction, liable to a fine of up to £1,000. Seatbelt Regulations Hackney Carriage Drivers - The driver may choose not to wear the seatbelt when plying for hire or when passengers are in the vehicle. Private Hire Drivers - The driver must wear the seatbelt at all times except when passengers are in the vehicle. It is the drivers own choice not to wear the seatbelt with passengers in the vehicle.

- 23 YORK CITY CENTRE PEDESTRIANISATION SCHEME

1)

ACCESS ONLY Monday to Sunday: 8.00am to 10.30am 5.00pm to 6.00pm During the above times the same restrictions apply to hackney carriages and private hire vehicles as to private motorists, i.e. they may pick up or drop off passengers with heavy loads, goods or parcels which it would be quite impracticable to carry on foot. This applies to all the pedestrianised areas except the Blake Street/St. Helen's Square/Lendal "loop", where the only restriction is that passengers must require access to premises on or adjoining those three roads.

2)

FULLY PEDESTRIANISED PERIOD Monday to Sunday: 10.30am to 5.00pm Hackney carriages and private hire vehicles must not enter the pedestrianised zone unless doing so under one of the following exemptions:a)

The carriage of guests and their luggage to and from the Judges Lodgings Hotel on Lendal at the commencement or termination of their stay. Route: Blake Street, St. Helen's Square, Lendal.

b)

The carriage of guests and their luggage to and from the Galtres Lodge Hotel on Low Petergate at the commencement or termination of their stay. Route: Goodramgate, Church Street, Swinegate, Grape Lane, Low Petergate, King's Square, Colliergate.

c)

In connection with a wedding or funeral taking place at or from premises within the pedestrianised area.

d)

Within the terms of the "Blue Permit" disabled person’s concession - when carrying the holder of the permit. The only permitted routes are Blake Street/St. Helen's Square/Lendal; Goodramgate/King's Square/Colliergate or Castlegate. The blue disabled person’s permit must be displayed whilst within the pedestrianised area (see below).

e)

Under the Council's "Green Permit" for the specially disabled (this is issued in addition to the blue permit). Holders of the green permit are permitted entry into Church Street and St. Sampson’s Square in addition to the blue permit streets. The permit must be displayed within the pedestrianised area (see below).

f)

In connection with the Council's "Yellow Permit" for specially disabled persons who are temporary visitors - the effect of this permit is exactly the same as the green permit.

In connection with all the above permits, the licensed driver must only used the route in and out of the pedestrianised area specified in relation to the particular permit under which he is operating. Although a strict interpretation of the law demands that the licensed driver must display the relevant permit in his vehicle at all times he is within the pedestrianised area, this is obviously not possible in all cases e.g. where the licensed driver is called to pick up a disabled person with a green permit from St. Sampson's Centre, unless he has obtained the permit from the holder in advance, he cannot display the permit on his inward journey.

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Similarly, having dropped off a permit holder, unless the same driver is returning by appointment to pick up his fare and can retain the permit, the driver cannot display it on the outward journey. City Centre Officers have agreed that in these circumstances, the licensed driver may travel to or from (as appropriate) his pick-up/dropping off point without displaying the permit but if he is challenged by a Police Officer or Council Officer, he will be asked to supply details of his fare and it will be at the discretion of the Officer concerned whether he pursues enquiries to verify this or whether he accepts what he is told by the licensed driver.

The above paragraphs cover all the normal occasions when a licensed driver will be operating within the pedestrianised area. The only category which needs additional explanation is that covering an emergency such as sudden illness or injury not necessitating an ambulance but where the afflicted person needs to be taken home or to relatives. City Centre Officers may authorise the entry of a hackney carriage/private hire vehicle under these circumstance. Officers will normally give the authority verbally over the telephone to the person who requests the permission, who will then contact the private hire operator/hackney carriage of his/her choice. The private hire operator/hackney carriage proprietor may telephone the City Centre Office if he/she is in any doubt about the genuineness of the call.

If in doubt, please telephone the city centre management team on 01904 554455 for advice.

***************************************************** PLEASE NOTE that Parliament Street, High Ousegate, Spurriergate, Coney Street, Market Street, Feasegate and New Street are 24 hour pedestrian zone streets. Between 6.00pm and 8.00am the following day, you may only enter these streets if you are setting down or picking up passengers. For example, a vehicle can enter to pick up or set down passengers at the Boots store in Coney Street but they cannot travel through Spurriergate and Coney Street to pick up or set down passengers at The Graduate Public House on Lendal. This is part of the York (Central Area - 95/1) Traffic Order 1995.

PRIVATE HIRE DRIVER'S LICENCE CONDITIONS

PRIVATE HIRE VEHICLE LICENCE CONDITIONS

PRIVATE HIRE OPERATOR'S LICENCE CONDITIONS

HACKNEY CARRIAGE VEHICLE LICENCE CONDITIONS

HACKNEY CARRIAGE BYELAWS

HACKNEY CARRIAGE RANKS

- 26 PRIVATE HIRE DRIVER'S LICENCE CONDITIONS

1)

Private hire drivers shall act in a considerate manner ensuring the safety and comfort of passengers travelling in, entering or alighting from their vehicle. The driver must conduct him/herself in a civil and orderly manner in dealings with passengers, other drivers or proprietors or any other person they come into contact with when acting as a licensed driver. The driver shall be clean and tidy in appearance.

2)

The driver of a private hire vehicle shall not smoke (cigarettes or e-cigarettes) whilst in their vehicle.

3)

Licensed drivers shall wear the badge provided at all times when operating their vehicles.

4)

Licensed drivers shall submit a medical certificate at the age of 45, 50, 55, 60 and 65. Annual medical certificates are required for all drivers over the age of 65. Drivers failing to have their medical within the required timeframe will have their licence suspended or revoked.

5)

Licensed drivers shall submit details of any serious illness or prescription of any medication that may affect his/her ability to provide a public transport service.

6)

Licensed drivers will not drive when their ability to do so is impaired by having worked excessive hours or when under the influence of drink or drugs.

7)

The licensed driver shall within three days supply to the Council:a) Details of any change of address and/or telephone number b) Written details of any conviction being recorded against him/her or any Company of which he/she is a Secretary or Director. c) Details of any change of private hire operator or vehicle proprietor for whom he/she is driving and the date of commencement or termination of such employment.

8)

Licensed drivers who find property that has been accidentally left in a private hire vehicle by any passenger shall deliver it to the Licensing Office of the City Council within 48 hours of its discovery.

9)

On termination or surrender of a driver's licence, the badge must be returned to the Council or a financial penalty will be imposed.

10)

The driver of a licensed private hire vehicle which has been hired by or for a disabled person with their guide, hearing or prescribed assistance dog; or by a person who will be accompanied in the licensed vehicle by such a disabled person, will carry the disabled passenger’s dog and allow it to remain with the passenger and not make any additional charge for doing so. Any person with a medical condition that would be aggravated by carrying dogs may apply to the Council for an exemption from this requirement.

11)

The driver of a licensed vehicle shall, when requested by any person hiring the vehicle:a) convey a reasonable quantity of luggage b) afford reasonable assistance in loading and unloading, and c) afford reasonable assistance in removing it to or from the entrance of any building, station or place at which the driver may take up or set down such person.

- 27 PRIVATE HIRE VEHICLE LICENCE CONDITIONS 1)

The licensed vehicle shall display the following signs: a)

The licence plates issued by the Council, which should be securely fixed externally to the front and rear of the vehicle so that they are clearly visible. The licence plates will remain the property of the Council and must be returned to the Council immediately upon a change of vehicle or when requested upon the suspension, revocation or expiry of a vehicle licence. Temporary plates shall be affixed to the inside of the front screen and rear window providing they do not obscure the visibility of the driver.

b)

A sign on the rear passenger doors including the name and telephone number and/or the website address of the firm and the words "PRIVATE HIRE VEHICLE – PRE BOOKED ONLY" in suitable lettering at least 50mm (2”) high. The approval of the Council should be sought before the display of the sign. The sign must not include the words "FOR HIRE", "TAXI", or "HACKNEY CARRIAGE".

c)

A statement of fares and the means by which these are calculated placed in a prominent position inside the vehicle.

2)

The licensed vehicle shall not display any other signs, notices, advertisements or artwork except those detailed above or approved by the Council.

3)

Every licensed proprietor shall: -

4)

a)

provide means by which any passenger in the vehicle may communicate or talk with the driver

b)

keep the roof or covering watertight

c)

maintain the seats in a clean, secure and well maintained condition, properly cushioned and covered

d)

cover the floor with a proper carpet, mats or other suitable covering and maintain in a clean and sound condition

e)

keep the furniture and fittings in a clean and fit condition and maintain all interior door coverings and head linings in a clean and sound condition

f)

provide a fire extinguisher to comply with current standards

g)

maintain in an operable condition all doors, hinges, handles, locks and windows

The licensed vehicle shall: a)

be provided with at least two doors for the use of passengers conveyed in the vehicle together with a door for the driver (excluding tailgate)

b)

be provided with any necessary windows and means of opening or closing not less than one window on either side

c)

be fitted with effective means of heating and ventilation

d)

be kept at all times in a good mechanical condition

e)

comply with the requirements of any statute or of any vehicle test which the Council shall enforce

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5)

f)

have a cubic capacity of not less than 1250 c.c. (engine) except for vehicles fitted with an engine rated with a Euro IV (or better) emission standard

g)

not be fitted with bull bars or any other device on the front of the vehicle intended to supplement the resistance to impact offered by the vehicles standard bumper

The seating capacity of a licensed vehicle shall be determined as follows:a)

where separate seats for each person are provided, one person shall be counted for each separate seat provided

b)

where the vehicle is fitted with continuous seats, one person shall be counted for each completed length of 400mm measured in a straight line lengthwise over the centre of the seat. The centre of the seat shall be determined as half the distance from the forwardmost point of the front edge of the seat to the rear edge of the seat. Where the seat is fitted with arms for the purpose of separating the seating spaces and such arms are so constructed that they can be folded back or otherwise put out of use, such seat shall be measured as if it were not fitted with such arms

c)

All licensed vehicles shall comply with the following minimum standard of internal space:i)

d)

the distance from the rear seat-back to the rearmost part of the seat in front of that seat or other partition shall not be less than 610mm when the seat in front is in its rearmost position without modification

In addition, licensed vehicles with a third row of seats must also comply with the following minimum standard of internal space:i)

the distance from the seat-back of the third row of seats to the rearmost part of the seat in front shall be not less than 610mm when the seat in front is in its rearmost position without modification

ii) where there is no door adjacent to a row of seats, no passenger must have to pass through a gap of less than 280mm at the narrowest point in order to exit the vehicle via the rear side door iii) the middle row of seats must have at least one seat capable of adequately tilting to provide a safe exit route for passengers and meet the necessary exit dimension of 280mm, at the narrowest point, at the exit door e)

All licensed vehicles with a row of passenger seats without adjacent side doors must provide the following:i)

means of operating signs which must provide clear instructions to operate the tilting mechanism with letters of no less than 25mm in height

ii) adequate lighting that illuminates the sign, catches and levers to operate the tilting mechanism iii) the sign, catches and levers must be clearly visible. 6)

The licensed vehicle must be of a suitable type and be in good condition. The vehicle must be maintained in such a condition as would satisfy the current MOT vehicle safety and exhaust emission standards as prescribed by the Department for Transport.

7)

The licensed vehicle shall not be a licensed hackney carriage or private hire vehicle of any other Council.

- 29 8)

If the licensed vehicle is fitted with a taximeter, the Council's Byelaws will apply, in particular: a)

the taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the vehicle and for that purpose the letters and figures shall be capable of being suitably illuminated during the period of hiring

b)

The operator, owner or driver of a private hire vehicle shall not tamper or permit any person to tamper with the taximeter fitted to the vehicle, with the fittings thereof or with the seals affixed thereto, provided this shall not prevent the taximeter being removed from the vehicle to a place of safety when the private hire vehicle is not in use.

c)

Unless the hirer wishes to engage by time, the taximeter shall be activated at the commencement of hiring and shut down immediately on completion of the hiring but the amount of fare recorded shall remain displayed to allow the hirer a reasonable opportunity to examine it.

9)

No taximeter shall be used unless it has first been tested and approved by the Council. Arrangements must be made with the Council to re-test the taximeter upon a change in the scale of fares.

10)

The licensed proprietor shall immediately notify the Council of the name and address of any other proprietor or person concerned in the keeping, employing or letting for hire of the licensed vehicle.

11)

Upon a change of proprietor, the Council shall be notified within 14 days of such change by the licensed proprietor (which expression includes both Companies and Partnerships).

12)

The Council's Taxi Licensing Section shall be notified within 72 hours of the following:a)

any accident or incident affecting the safety, performance or appearance of the licensed vehicle or the comfort or convenience of passengers

b)

any alteration in the design or construction of the vehicle

13)

The licensed proprietor of a private hire vehicle shall permit the inspection of all documents relating to the licensed vehicle at all reasonable times and by prior arrangement by the Officers of the Council.

14)

Only one two way radio may be operational at any one time and this shall be an approved radio used exclusively for the hackney carriage or private hire trade and properly licensed. The radio shall be securely fixed to the vehicle.

15)

Licensed vehicles exceeding five years old on the day of licensing (calculated from the date of first registration), will be subject to two vehicle inspections in any 12 month period. One inspection shall be the initial grant or annual inspection conducted by the Council, the second inspection will take place approximately six months from the date of the initial grant or annual inspection at a date determined by the Council and can be completed by:a)

presenting the vehicle for inspection by the Council’s vehicle examiner within a time scale determined by the Council

or b) 16)

successfully completing a MOT test within a time scale determined by the Council

Seatbelts must be available for each passenger that the vehicle is licensed to carry. Exemption will be granted where the proprietor can prove to the satisfaction of the Taxi Licensing Officer that it is technically impossible to provide a seat belt to comply with type approval.

- 30 17)

Licensed vehicles must display a sign or signs in a prominent position visible to all passengers (whether seated in the front or rear seats of the vehicle) reminding them of their legal requirement to wear a seatbelt.

18)

Licensed vehicles must display a sign supplied by the Council inside the vehicle in a visible position to passengers, displaying the Council's details and the plate number of the vehicle. The sign will remain the property of the Council and must be returned to the Council when requested upon the suspension, revocation or expiry of a vehicle licence.

19)

i)

All licensed vehicles shall be fitted with windscreen glass that has a light transmittance of 75% and windows to either side of the driver’s head shall have a light transmittance of not less than 70%.

ii) All other windows within licensed vehicles shall have a light transmittance of not less than 50%. iii) For estate-type vehicles the rear window and side windows adjacent to the luggage space can be of any manufacturer’s tint providing it is not opaque. iv) Any self applied material shall satisfy the requirements of i), ii) and iii) above if it has been approved by the Council. 20)

Every licensed proprietor shall provide means of carrying and securing luggage and in the case of any vehicle without a secure boot so as not to exceed the height of the rear seat.

21)

The licensed vehicle shall have a luggage space, separate from the passenger compartment, which is capable of holding, at a minimum, two suitcases (a large one measuring 720mm x 460mm x 280mm and a medium one measuring 660mm x 430mm x 280mm) and a folded wheelchair (not at the same time). This condition shall not apply to vehicles already licensed by the Council prior to this condition being introduced.

22)

The licensed vehicle shall not be equipped with any CCTV system unless approved by the Council.

23)

Where the licensed vehicle is so constructed or adapted as to be a wheelchair accessible vehicle it shall only be driven by a licensed driver who has: a)

Completed and passed the Driving Standards Agency wheelchair exercise or equivalent, and

b)

Completed and passed the City of York Council Disability Awareness Training Course (Taxi) or equivalent.

24)

The licensed vehicle shall be right hand drive.

25)

Only the following European Standards will be accepted for new or replacement private hire vehicle applications:   

Petrol vehicles – Euro 5 or better Diesel vehicles – Euro 6 Ultra low emission vehicles - defined as 75g CO2/km and under

For the purpose of applying condition no. 19 (tinted windows), an estate car will be defined as: a) A vehicle with a long body and extended roofline which gives increased luggage capacity in the area behind the rear seats and is accessed from the rear, and b) is described as an estate car on the vehicle registration document.

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GUIDANCE NOTES FOR NEW APPLICANTS FOR PRIVATE HIRE OPERATORS’ LICENCES Applicants for a private hire operators’ licence who are not already licensed as a private hire or hackney carriage driver will require a basic disclosure (criminal record check) from the Disclosure and Barring Service for the grant and renewal of an operator licence. On submission to the taxi licensing office, this disclosure must be less than one calendar month old. Information on how to obtain a basic disclosure can be found at https://www.gov.uk/government/publications/basic-checks Applicants that hold a private hire or hackney carriage driver’s licence must have undergone an enhanced disclosure through taxi licensing with the Disclosure and Barring Service within three years of making an application for an operator’s licence. A further enhanced disclosure will be required if it is more than three years since the last one. All new applicants for an operator’s licence will have the application referred to the Council’s Planning Department. If planning permission is required, this must be obtained by the applicant before the issue of the operator’s licence. Due to this requirement, applicants must provide details of where vehicles will be parked. A private hire operator’s licence is not transferable. The holder of an existing licence must notify the Council immediately in writing of any proposed changes of the person authorised to operate under the terms of the licence. A person who is buying an existing private hire business must complete an application form and pay the relevant fee for a new licence. Applicants for operators’ licences cannot use the same (or similar) name as any private hire firm currently operating within the district or any name previously used within the district and registered by the operator at Companies House. Vehicle sideplates must bear the name of the private hire firm and the telephone number and/or the website address. This means a private hire operator can choose to display a telephone number or a website address or both can be displayed. In all instances the name of the private hire firm must still be displayed. The website address cannot contain the words “for hire”, “taxi” or “hackney carriage”. Vehicle sideplates must also include the wording "PRIVATE HIRE VEHICLE – PRE BOOKED ONLY" in suitable lettering at least 50mm (2”) high. The sign must not include the words "FOR HIRE", "TAXI", or "HACKNEY CARRIAGE". Artwork for vehicle sideplates must be submitted to the Council’s Taxi Licensing Section for approval and must comply with the following guidelines:

The design of the sideplate must be uncluttered and must clearly show the information required by the private hire vehicle licence conditions



All lettering must be in solid block print, not just an outline and contrast in colour from the background so as to be easily read from a distance



Sideplates may include the private hire company logo



Advertising of third party products or services is not permitted on sideplates



Sideplates must not contain any offensive or indecent information

To “operate” private hire vehicles means in the course of business to make provision for the invitation or acceptance of bookings for private hire vehicles at the premises specified in the licence. All telephone bookings must be made via a landline at the address specified in the licence and cannot be taken on a mobile telephone. Private hire operator licenses are granted for a period of five years.

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PRIVATE HIRE OPERATOR'S LICENCE CONDITIONS NEW APPLICANTS AND RENEWALS 1.

All applicants are required to complete an application form and are reminded that it is an offence to knowingly or recklessly make any false statement or omit relevant information.

2.

The booking office premises of a Private Hire Operator shall be approved by the Council and shall conform to all planning regulations and other legal requirements in respect of business premises. Details must be provided of where vehicles will be parked when waiting for bookings. In the event that it is found that the booking office is operating without all necessary planning consents or in breach of planning conditions, the Private Hire Operator's licence will be deemed suspended until planning consent is obtained.

3.

The current Private Hire Operator’s licence must be displayed at the business premises to which the licence relates in a prominent position at all times in view of the general public with the exception of such times as the licence is presented to the Council for amendment.

4.

The licensed Operator shall have in force a Public Liability Insurance policy providing a minimum of £2,000,000 indemnity in respect of any one incident where there is public access to a booking office. This policy will be produced to the Council annually.

5.

The licensed Operators, who have employees, shall have in force an Employers’ Liability Insurance policy complying with the Employers’ Liability (Compulsory Insurance) Act 1969 covering death or personal injury arising out of any incident during the course of a person’s employment. This policy will be produced to the Council annually.

6.

During the currency of the licence, the Operator shall notify the Council in writing within 7 days of any temporary change of residence which is for a period in excess of 21 days.

7.

The licensed Operator shall inform the Council within 14 days of any change of the partners or Directors of the company, or any change on the Secretaryship or Chairmanship thereof.

8.

Each Operator, when disposing of any business interest, shall within 14 days give notice in writing to the Council that the business registered in his/her name has terminated.

9.

The licensed Operator must notify the Council and nominate a responsible person to take responsibility on an interim basis if they are absent from the business for 15 days or more.

10.

The licensed Operator will ensure that the Council has his/her most up to date contact details, including a mobile telephone number and email address. There should also be a generic email address for the company.

11.

The licensed Operator shall keep a record, for a period of not less than 36 months, of the hackney carriage/private hire vehicle licence number, plate number, registration number and make and model of all hackney carriage/private hire vehicles operating from his/her office. Such records shall be sent to the Council annually and be available at all reasonable times for inspection by the Council.

12.

The licensed Operator shall keep a record, for a period of not less than 36 months, of the hackney carriage/private hire driver's licence number, badge number, personal identity code name or number and name and address of each driver operating from his/her office. Such records shall be sent to the Council annually and be available at all reasonable times for inspection by the Council.

13.

The licensed Operator shall make sure that hackney carriage/private hire vehicles and driver’s operating from his/her office have had their licence(s) renewed by the Council.

- 33 14.

The licensed Operator shall display in a prominent position visible to customers visiting his/her premises at his place of business a list of fares and booking fees chargeable by the Operator. The Council shall be supplied with an up to date list of fares within 14 days of any changes made.

15.

The licensed Operator will ensure that the licence issued by the Department of Trade and Industry for all radio equipment used is current and valid. All equipment must only be used on the frequencies stipulated in the DTI licence and the licensed Operator must allow the Council access to inspect all equipment and DTI licences.

16.

The licensed Operator shall keep and maintain at all times, for a period of not less than six months, a record of hirings showing the particulars of every booking of a hackney carriage/private hire vehicle, including any booking accepted at the request of another Operator. The record must be kept in the form of a log sheet or computer database detailing in particular:a)

The date and time of each booking

b)

The name and address of the hirer (if known)

c)

The dates, time and place of the commencement of each hiring

d)

The destination

*e) The vehicle licence number and the name of the driver f)

For booking transferred to another operator, details of that operator and information detailed in point ‘e’ above

(* This information may be given by reference to an incorporated code) All records shall be maintained and kept up to date at all times and shall be available for inspection at all reasonable times, without notice, by an Authorised Officer, the Police or DVSA. For the purpose of further investigation, records may be removed from the premises if so required or copied. 17.

The licensed Operator shall keep a register of complaints by the public for a period of not less than 12 months.

18.

Upon receiving a complaint or allegation regarding any person licensed by the Council in relation to the following matters: a) sexual misconduct, sexual harassment or inappropriate sexual attention b) racist behaviour c) violence d) dishonesty e) breaches of equality the licensed Operator shall report it immediately to the Council when the taxi licensing office is open.

19.

The licensed Operator is not permitted to accept bookings forwarded by their private hire drivers.

20.

Private hire operators must provide the Council with a current table of fares, including mileage fare chart.

- 34 21.

If used, private hire operators must make sure all meters and PDA systems are calibrated to the correct fare scale.

22.

The licensed Operator shall provide a prompt, efficient and reliable service to members of the public at all times, ensuring that when a private hire vehicle has been hired to be in attendance at an appropriate time and place, that vehicles shall, unless delayed, attend punctually at that time and place.

23.

The licensed Operator remain accountable for service delivery even upon the transfer of a booking to another licensed Operator.

24.

The maximum number of vehicles that may operate from the licensed Private Hire booking office are detailed on the licence, this number will not be exceeded without prior written notification to the Council.

- 35 HACKNEY CARRIAGE VEHICLE LICENCE CONDITIONS

1)

The licensed vehicle may display an internal sign visible from outside the vehicle indicating the name and telephone number of any Company to which the vehicle is affiliated, in a form approved by the Council.

2)

The licensed vehicle shall not display any other signs, notices, advertisements or artwork except those detailed above or approved by the Council.

3)

The seating capacity of a licensed vehicle shall be determined as follows:a)

where separate seats for each person are provided, one person shall be counted for each separate seat provided

b)

where the vehicle is fitted with continuous seats, one person shall be counted for each completed length of 400mm measured in a straight line lengthwise over the centre of the seat. The centre of the seat shall be determined as half the distance from the forwardmost point of the front edge of the seat to the rear edge of the seat. Where the seat is fitted with arms for the purpose of separating the seating spaces and such arms are so constructed that they can be folded back or otherwise put out of use, such seat shall be measured as if it were not fitted with such arms

c)

All licensed vehicles shall comply with the following minimum standard of internal space:i)

d)

e)

the distance from the rear seat-back to the rearmost part of the seat in front of that seat or other partition shall not be less than 610mm when the seat in front is in its rearmost position without modification

In addition, licensed vehicles with a third row of seats must also comply with the following minimum standard of internal space:i)

the distance from the seat-back of the third row of seats to the rearmost part of the seat in front shall be not less than 610mm when the seat in front is in its rearmost position without modification

ii)

where there is no door adjacent to a row of seats, no passenger must have to pass through a gap of less than 280mm at the narrowest point in order to exit the vehicle via the rear side door

iii)

the middle row of seats must have at least one seat capable of adequately tilting to provide a safe exit route for passengers and meet the necessary exit dimension of 280mm, at the narrowest point, at the exit door

All licensed vehicles with a row of passenger seats without adjacent side doors must provide the following:i)

means of operating signs which must provide clear instructions to operate the tilting mechanism with letters of no less than 25mm in height

ii)

adequate lighting that illuminates the sign, catches and levers to operate the tilting mechanism

iii)

the sign, catches and levers must be clearly visible

- 36 4)

The licensed vehicle must be of a suitable type and be in good condition. The vehicle must be maintained in such a condition as would satisfy the current MOT vehicle safety and exhaust emission standards as prescribed by the Department for Transport.

5)

The licensed vehicle shall not be a licensed hackney carriage or private hire vehicle of any other Council.

6)

No taximeter shall be used unless it has first been tested and approved by the Council.

7)

The licensed proprietor shall immediately notify the Council of the name and address of any other proprietor or person concerned in the keeping, employing or letting for hire of the licensed vehicle.

8)

Upon a change of proprietor, the Council shall be notified within 14 days of such change by the licensed proprietor (which expression includes both Companies and Partnerships).

9)

The Council's Taxi Licensing Officer shall be notified within 72 hours of the following: a)

any accident or incident affecting the safety, performance or appearance of the licensed vehicle or the comfort or convenience of passengers

b)

any alteration in the design or construction of the vehicle which may affect its general condition or suitability for use as a hackney carriage.

10)

The licensed proprietor of a hackney carriage shall permit the inspection of all documents relating to the licensed vehicle at all reasonable times and by prior arrangement by the Officers of the Council.

11)

Only one two way radio may be operational at any one time and this shall be an approved radio used exclusively for the hackney carriage or private hire trade and properly licensed. The radio should be securely fixed to the vehicle.

12)

Licensed vehicles exceeding five years old on the day of licensing (calculated from the date of first registration), will be subject to two vehicle inspections in any 12 month period. One inspection shall be the initial grant or annual inspection conducted by the Council, the second inspection will take place approximately six months from the date of the initial grant or annual inspection at a date determined by the Council and can be completed by:a)

presenting the vehicle for inspection by the Council’s vehicle examiner within a time scale determined by the Council

or b)

successfully completing a MOT test within a time scale determined by the Council.

13)

Licensed vehicles must display a sign or signs in a prominent position visible to all passengers reminding them of their legal requirement to wear a seatbelt.

14)

All hackney carriage vehicle licences issued with an accessible taxi condition (numbers 121 to 140 inclusive and from number 159 onwards) are subject to the following condition:“This licence is only valid for vehicles which satisfy the City of York Council definition of wheelchair accessible vehicles”.

15)

Every vehicle shall display a licence plate, supplied by the Council, externally on the rear of the vehicle. The licence plate issued by the Council should be securely fixed to the rear of the vehicle so that it is clearly visible. The licence plate will remain the property of the Council and must be returned to the Council immediately upon a change of vehicle or when requested upon the suspension, revocation or expiry of a vehicle licence.

- 37 A “temporary” plate shall be affixed to the inside of the rear window so not to obscure the visibility of the driver. 16)

Licensed vehicles must display a sign, supplied by the Council, inside the vehicle in a visible position to passengers, displaying the Council's details and the plate number of the vehicle. The sign will remain the property of the Council and must be returned to the Council when requested upon the suspension, revocation or expiry of a vehicle licence.

17)

Seat belts must be available for each passenger that the vehicle is licensed to carry. Exemption will be granted where the proprietor can prove to the satisfaction of the Taxi Licensing Officer that it is technically impossible to provide a seat belt to comply with type approval.

18)

The roof sign of the licensed vehicle shall be connected to the taximeter so that: (i) (ii) (iii)

when the taximeter is recording a fare the roof sign shall not be illuminated, and when the taximeter is switched on but is not recording a fare the roof sign shall be illuminated, and when the taximeter is switched off (i.e. when the licensed vehicle is not plying for hire) the roof sign shall not be illuminated.

19)

The licensed vehicle shall have a minimum engine capacity of 1250cc except for vehicles fitted with an engine rated with a Euro 4 (or better) emission standard.

20)

i) All licensed vehicles shall be fitted with windscreen glass that has a light transmittance of 75% and windows to either side of the driver’s head shall have a light transmittance of not less than 70%. ii) All other windows within licensed vehicles shall have a light transmittance of not less than 50%. iii) For estate-type vehicles the rear window and side windows adjacent to the luggage space can be of any manufacturer’s tint providing it is not opaque. iv) Any self applied material shall satisfy the requirements of i), ii) and iii) above if it has been approved by the Council.

21)

The licensed vehicle will be supplied with the official coat of arms decal which must be displayed at all times on each front door panel.

22)

The licensed vehicle shall have a luggage space, separate from the passenger compartment, which is capable of holding, at a minimum, two suitcases (a large one measuring 720mm x 460mm x 280mm and a medium one measuring 660mm x 430mm x 280mm) and a folded wheelchair (not at the same time). This condition shall not apply to vehicles already licensed by the Council prior to this condition being introduced.

23)

The licensed vehicle shall not be equipped with any CCTV system unless approved by the Council.

24)

Where the licensed vehicle is so constructed or adapted as to be a wheelchair accessible vehicle it shall only be driven by a licensed driver who has: b)

Completed and passed the Driver & Vehicle Standards Agency wheelchair exercise or equivalent, and

b)

Completed and passed the City of York Council Disability Awareness Training Course (Taxi) or equivalent.

25)

The licensed vehicle will be right hand drive.

26)

Only the following European Emission Standards will be accepted for replacement hackney carriage vehicles:

- 38 Petrol vehicles – Euro 5 or better Diesel vehicles – Euro 6 Diesel wheelchair accessible vehicles – Euro 5 or better* Ultra low emission vehicles – defined as 75g CO²/km and under.

*This only applies to replacement vehicles and if the following criteria is met:   

The vehicle licence was granted prior to 1st May 2016 to a wheelchair accessible vehicle; The replacement vehicle is wheelchair accessible; The vehicle licence is renewed annually; Ownership of the vehicle remains in the name of the vehicle licence proprietor whose name was on the licence on 1st May 2016.

If the above criteria is met a vehicle licence proprietor may replace the licensed wheelchair accessible vehicle as many times as necessary until this policy is amended.

FOR YOUR INFORMATION For the purpose of applying condition no. 20 (tinted windows), an estate car will be defined as: a) A vehicle with a long body and extended roofline which gives increased luggage capacity in the area behind the rear seats and is accessed from the rear, and b) is described as an estate car on the vehicle registration document.

- 39 HACKNEY CARRIAGE BYELAWS Made under Section 68 of the Town Police Clauses Act 1847 and Section 171 of the Public Health Act 1875, by the Council of the City of York with respect to Hackney Carriages in the City of York. INTERPRETATION 1)

Throughout these byelaws "The Council" means the Council of the City of York and "The District" means the City of York.

PROVISIONS REGULATING THE MANNER IN WHICH THE NUMBER OF EACH HACKNEY CARRIAGE CORRESPONDING WITH THE NUMBER OF ITS LICENCE SHALL BE DISPLAYED 2)

(a)

The proprietor of a Hackney Carriage shall cause the number of the licence granted to him in respect of the carriage to be legibly painted or marked on the outside and the inside of the carriage and on the plate affixed to the rear thereof.

(b)

A proprietor or driver of a Hackney Carriage shall:(i)

not wilfully or negligently cause or suffer any such number to be concealed from public view while the carriage is standing or plying for hire.

(ii)

not cause or permit the carriage to stand or ply for hire with any such painting, marking or plate so defaced that any figure or material particular is illegible.

PROVISIONS REGULATING HOW HACKNEY CARRIAGES ARE TO BE FURNISHED OR PROVIDED 3)

The proprietor of a Hackney Carriage shall:(a)

provide sufficient means by which any person in the carriage may communicate with the driver

(b)

cause the roof or covering to be kept water-tight

(c)

provide any necessary windows and a means of opening and closing, not less than one window on each side

(d)

cause the seats to be properly cushioned and covered

(e)

cause the floor to be provided with a proper carpet, mat or other suitable covering

(f)

cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service

(g)

provide means for carrying and securing luggage within the vehicle

(h)

provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use

(i)

provide at least two doors for the use of persons conveyed in such carriage and a separate means of ingress and egress for the driver

(j)

provide a working electric light in the interior of such carriage for the use of any person hiring such carriage or being driven therein

- 40 4)

The proprietor of a Hackney Carriage adapted to carry disabled persons shall ensure that any necessary ramps are carried at all times when the carriage is hired or is available for hire and that any electric hoist fitted to the vehicle is kept maintained and in working order.

5)

The proprietor of a Hackney Carriage shall cause any taximeter with which the carriage is provided to be so constructed, attached and maintained as to comply with the following requirements, that is to say:-

6)

(a)

the taximeter shall be fitted with a key, flag or other device, the turning of which will bring the machinery of the taximeter into action and cause the word "HIRED" to appear on the face of the taximeter

(b)

such key, flag or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter

(c)

when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures, a fare not exceeding the rate or fare which the proprietor or driver is entitled to demand and take for the hire of the carriage by time as well as for distance in pursuance of the tariff fixed by the Council

(d)

the word "FARE" shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon

(e)

the taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the carriage and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring

Every proprietor of a Hackney Carriage provided with a taximeter which is not fitted with a flag or other device bearing the words "FOR HIRE", shall cause the carriage to be provided with a roof sign constructed so as to comply with the following requirements:(a)

the sign shall be of a pattern or design to be approved by the Council, with the side facing the front of the carriage bearing the words "TAXI" or "FOR HIRE" and the side facing the rear of the carriage bearing the word "TAXI"

(b)

in each case the letters shall be plain black and be at least 2-1/2 inches in height

(c)

the sign may indicate the name and telephone number of the proprietor or operator of the vehicle

(d)

the sign shall be clearly illuminated when the carriage is available for hire, such illumination ceasing when the carriage is not available for hire.

PROVISIONS REGULATING THE CONDUCT OF THE PROPRIETORS AND DRIVERS OF HACKNEY CARRIAGES PLYING WITHIN THE DISTRICT IN THEIR SEVERAL EMPLOYMENTS AND DETERMINING WHETHER SUCH DRIVERS SHALL WEAR ANY AND WHAT BADGES 7)

The driver of a Hackney Carriage provided with a taximeter shall:(a)

when standing or plying for hire keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter

- 41 (b)

before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device so that the word "HIRED" is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring

(c)

cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is between half an hour after sunset and half an hour before sunrise and also at any other time at the request of the hirer.

8)

A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto provided that this shall not prevent the proprietor or driver from temporarily removing the taximeter from the hackney carriage to a place of safety when the hackney carriage is not in use.

9)

The driver of a hackney carriage shall, when plying for hire in any street and not actually hired:(a)

proceed with reasonable speed to one of the stands appointed by the Council (excepting between the hours of 7 p.m. and 7 a.m. when the driver may ply for hire free from such requirement)

(b)

if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand

(c)

on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction, and

(d)

from time to time when any other carriage immediately in front is driven off or moved forward, cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward

10)

A proprietor or driver of a hackney carriage when standing or plying for hire shall not make use of the services of any other person for the purpose of importuning any person to hire such carriage.

11)

The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

12)

The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

13)

A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage.

14)

If a badge has been provided by the Council and delivered to the driver of a hackney carriage, he shall, when standing or plying for hire and when hired, wear that badge in such a position and manner as to be plainly visible.

15)

The driver of a hackney carriage shall, when requested by any person hiring or seeking to hire the carriage:(a)

convey a reasonable quantity of luggage

(b)

afford reasonable assistance in loading and unloading, and

- 42 (c)

16)

afford reasonable assistance in removing it to or from the entrance of any building, station or place at which the driver may take up or set down such person.

The driver of a hackney carriage shall not at any time smoke or burn tobacco when in their licensed vehicle.

PROVISIONS FIXING THE RATES OR FARES TO BE PAID FOR HACKNEY CARRIAGES WITHIN THE DISTRICT AND SECURING THE DUE PUBLICATION OF SUCH FARES 17)

The Proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate or fare prescribed by the Council, the rate or fare being calculated by distance and time unless the hirer express at the commencement of the hiring his desire to engage by time. Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance and time the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

18)

(a)

The proprietor of a hackney carriage shall cause a statement of the fares fixed by council resolution to be exhibited inside the carriage in the form provided by the Council.

(b)

The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

PROVISIONS SECURING THE SAFE CUSTODY AND RE-DELIVERY OF PROPERTY ACCIDENTALLY LEFT IN HACKNEY CARRIAGES AND FIXING THE CHARGES TO BE MADE IN RESPECT THEREOF 19)

Every proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter, carefully search the carriage for any property which may have been accidentally left therein.

20)

The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage, be found by or handed to him:(a)

carry it as soon as possible and in any event within 48 hours (if not sooner claimed by or on behalf of its owner) to either the office of the Council (provided that any day on which such office is closed shall be excluded from such calculation) or to a police station in the district and leave it in the custody of the officer in charge of the office or police station as the case may be on his giving a receipt for it, and

(b)

be entitled to receive from any person to whom the property shall be re-delivered, an amount equal to the fare for the distance from the place of finding to the office of the Council or the police station but not more than five pounds.

PENALTIES 21)

Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the standard scale and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefore.

- 43 REPEAL OF BYELAWS 22)

The byelaws relating to hackney carriages which were made by York City Council and which were confirmed by the Secretary of State on 13th December 1988 and came into operation on 1st January 1989 are hereby wholly repealed.

23)

The byelaws relating to hackney carriages which were made by:(a)

Ryedale District Council on 5th March 1992 and which were confirmed by the Secretary of State and came into operation on 15th June 1992; and

(b)

Harrogate Borough Council on the 15th June 1979 and which were confirmed by the Secretary of State and came into operation on 1st October 1979,

and any byelaws relating to hackney carriages which may have been made by Selby District Council prior to 1st April 1996 and which are still subsisting, are hereby repealed in so far as they relate to the district. IN WITNESS WHEREOF the COMMON SEAL of the COUNCIL OF THE CITY OF YORK is hereto affixed this 5th day of November, One thousand nine hundred and ninety nine in the presence of:-

) ) ) )

L.S.

R.F. Clark Head of Legal Services to the Council of the City of York

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on the 14th day of February 2000

Signed by authority of the Secretary of State E.C. NEVE 5th January 2000

- 44 HACKNEY CARRIAGE RANKS

Hackney Carriage ranks are located as follows:-

FULL TIME RANKS Clifton Moor Cinema

3 cars

Duncombe Place

10 cars

Queen Street

4 cars

St. Leonard’s Place

4 cars

St. Saviourgate – Rank A St. Saviourgate – Rank B (feeder rank)

12 cars 4 cars

The Crescent (off Blossom Street)

1 car

Tower Street

4 cars

PART TIME RANKS Midnight to 6.00 a.m. Clifford Street (for Kuda Nightclub)

4 cars

Clifford Street (opposite side of road from Kuda Nightclub)

4 cars

Micklegate (outside The Parish)

3 cars

Toft Green (for Tokyo Nightclub)

4 cars

************************* Exhibition Square – 8.00 p.m. to 6.00 a.m.

3 cars

Piccadilly – 11.00 a.m. to 6.00 a.m.

2 cars

Rougier Street – 10.30 p.m. to 6.00 a.m.

3 cars

St. Sampson’s Square – 8.00 p.m. to 6.00 a.m.

8 cars

York Racecourse (Race Days only)

12 cars ****************************