Hackney Carriage and Private Hire Licensing - Shropshire Council

Hackney Carriage and Private Hire Licensing - Shropshire Council

APPENDIX C Hackney Carriage and Private Hire Licensing Policy 2015 - 2019 Date policy approved: Approved by: Council Date of implementation: 1 April ...

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APPENDIX C

Hackney Carriage and Private Hire Licensing Policy 2015 - 2019 Date policy approved: Approved by: Council Date of implementation: 1 April 2015 Next review period: 1 April 2018 – 31 March 2019

1

CONTENTS Page

Policy Part 1 Introduction

3

Part 2 Licensing Principles, Process and Delegation

6

Part 3 Licensable Activities

10



3a Hackney Carriage and Private Hire Vehicle Drivers

13



3b Hackney Carriages

23



3c Private Hire Vehicles

33



3d Private Hire Operators

42

Part 4 Compliance, Enforcement and Complaints

46

Part 5 Consultation

48

Part 6 Licensing Contact Details

50

Appendices Appendix A Hackney Carriage/Private Hire Drivers Licence - Conditions of Licence

52

Appendix B Hackney Carriage Licence - Conditions of Licence

58

Appendix C Private Hire Vehicle Licence - Conditions of Licence

64

Appendix D Private Hire Operator Licence - Conditions of Licence

69

Appendix E Plying For Hire

76

Appendix F Relevance of Criminal Convictions and Cautions

78

Appendix G Medical Fitness Guidance

84

Appendix H Intended Use and Licensing of Hackney Carriages

87

Appendix I Advertising on Hackney Carriage and Private Hire Vehicles

91

Appendix J Conditions Applicable to the Use of Trailers

93

Appendix K Guide to Executive Vehicles and Trim Levels

96

2

PART 1 INTRODUCTION

3

PART 1 – INTRODUCTION Scope 1.0

The Hackney Carriage and Private Hire Policy (‘the Policy’) is applicable to the licensing of hackney carriage and private hire drivers and vehicles and to the licensing of private hire operators. Purpose

1.1

The fundamental purpose of the Policy is to protect the safety and welfare of the public who live, work and visit Shropshire. The importance of a thriving hackney carriage and private hire trade to the growth and prosperity of Shropshire’s local economy is recognised; however, the safety and welfare of the public is the over-riding principle that will be considered when matters are dealt with under the Policy.

1.2

Shropshire Council (‘the Council’) is particularly concerned to ensure:    

1.3

The Policy provides guidance to any person with an interest in hackney carriage and private hire licensing; in particular, but not restricted to:     

1.4

the safeguarding of children, young persons and vulnerable adults; that any person who applies to be a hackney carriage or private hire vehicle driver or operator is a fit and proper person and does not pose a threat (in any form) to the public; that the public are safeguarded from dishonest persons; and that vehicles used to convey passengers are safe and fit for the purpose for which they are licensed.

persons who wish to apply for hackney carriage and private hire vehicle, drivers or operator licences; persons who hold existing licences, including those that are the subject of review; the Council, in its capacity as the licensing authority, including licensing officers, members of the relevant licensing committees and the internal panel (or other relevant decision making bodies); licensing consultants, solicitors and barristers advising and/or representing applicants/licence holders; and magistrates and judges hearing appeals against Council decisions.

The Policy is also designed to put the Council’s licensing requirements into context. Consultation and Communication

1.5

4

In determining the Policy, the Council has consulted widely as set out on page 47. The views of relevant stakeholders have been taken into consideration.

1.6

In order to deliver a transparent, accountable and efficient licensing service the Council is committed to ongoing communicating and consultation with all stakeholders. In particular, the Council welcomes the opportunity to communicate and consult with representatives of the hackney carriage and private hire trade to enable and encourage the exchange of views and information in relation to the Policy, conditions, changes in the law and reviews. The specific methods to achieve this communication and consultation will be determined as required. Review of the Policy

1.7

The policy will be formally reviewed after 3 years. However, it will be the subject of continuous evaluation and, if necessary, formally reviewed at any time. At the time of review all relevant stakeholders will again be consulted. Any licensed driver or operator may request a review of the policy at any time.

1.8

In particular, when the Policy is due for review in 2018, it is the intention of the Council to consider the provision and mandatory use of approved parking areas, within the administrative area of Shropshire Council, for the use of private hire vehicles when waiting for bookings. Legislative framework

1.9

The operation of the Council’s licensing service is undertaken in accordance with relevant legislation and applicable licence conditions. The primary legislation relating to hackney carriage and private hire licensing is contained in the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976. In addition, the service is provided in accordance with all relevant Council policies, but in particular the following:    

1.10

Equal Opportunities Policy Race Equality Scheme Data Protection Policy Better Regulation and Enforcement Policy

The Policy and associated conditions do not address health and safety at work requirements. Drivers and operators are required to ensure all relevant health and safety at work provisions are satisfied. Conditions

1.11

5

The Council will adopt any reasonable conditions that it deems necessary and appropriate to ensure that proprietors, operators, drivers and vehicles comply with relevant legislation and the fundamental purpose of the Policy, i.e. to protect the safety and welfare of the public. Any licensed driver or operator may request a review of any condition at any time.

PART 2 LICENSING PRINCIPLES, PROCESS AND DELEGATION

6

PART 2 – LICENSING PRINCIPLES, PROCESS AND DELEGATION

Introduction 2.0

The Council has adopted Part II of the Local Government (Miscellaneous Provisions) Act 1976 and, together with the provisions contained in the Town Police Clauses Act 1847, the Council carries out the licensing of hackney carriage drivers and vehicles and private hire drivers, vehicles and operators.

2.1

This part of the Policy focusses on the principles the Council will follow when administering licence applications, reviewing conditions, setting fees and setting the table of fares. It explains the roles and duties of the Strategic Licensing Committee, the Licensing and Safety Sub-Committee, the Panel and officers of the Council.

Licensing principles 2.2

The Council aims to provide a clear, consistent and responsive service to prospective and current licence holders, members of the public and other stakeholders. This includes the provision of advice to prospective applicants, including advice on the effect that convictions, etc. may have on any application, and to existing licence holders. The Council will be mindful of the needs of the applicant but this will be balanced against the over-riding duty that the Council has to protect the safety and welfare of the public.

2.3

All licence applications will be considered and determined on their own individual merits.

Licensing process and delegation of functions 2.4

The Council has delegated its licensing function to the Council’s Strategic Licensing Committee and further delegated authority to the Licensing and Safety Sub-committee, the Licensing Panel and to officers of the Council who will determine all applications in accordance with this Policy.

2.5

Whilst officers and the relevant committees/panel will, in the majority of cases, follow the Policy, there may be specific circumstances that require a departure from the Policy. In such circumstances, the reasons for departing from the Policy will be made clear.

Committees and licensing panel 2.6

Strategic Licensing Committee This Committee is made up of 15 members of the Council. It deals with policy issues, conditions of licence, the setting of fees and charges and hackney carriage fares.

7

2.7

Licensing and Safety Sub-committee This Committee is made up of a selection of Members from the Strategic Licensing Committee. Five or six Members will sit on hearings to deal with new applications, renewals and reviews of licences that are referred directly by individual officers or the Licensing Panel. Members, when determining applications for a licence, renewals or reviews of a licence, will have regard to hackney carriage and private hire legislation, this Policy, the Department for Transport Taxi and Private Hire Vehicle Licensing Best Practice Guidance (March 2010), the Road Traffic Act 1988 and other relevant road traffic legislation, the Human Rights Act 1998, the Equality Act 2010, any relevant legal case law and other relevant Council policies.

2.8

Licensing Panel The Panel consists of a Council solicitor, a manager responsible for licensing, a licensing officer, representatives from adult and children’s safeguarding, the police and representatives from other agencies/organisations as required. The Panel deals with new applications, renewals and reviews of licences that are referred directly by a licensing officer.

Decisions 2.9

The Council has the power to refuse to grant or renew licences and also to suspend or revoke existing licences in accordance with relevant legislative provisions. In addition, the Council may choose to issue written warnings.

2.10

Any decision to refuse to grant or renew a licence or to suspend or revoke an existing licence, including the decision to suspend or revoke with immediate effect, or to issue a written warning will be made in accordance with the Council’s scheme of delegation and other relevant procedures.

2.11

Where applications are to be determined, the officer, Licensing Panel and Licensing and Safety Sub-committee will take into consideration the facts of the application, any information and/or evidence provided by other interested parties including, but not restricted to, officers from the Council with responsibility for safeguarding and officers from West Mercia Police together with the recommendation made by the licensing officer presenting the report. Applicants will be given the opportunity to submit written and/or verbal representations as appropriate.

2.12

Following the determination of an application by the Council the applicant will receive a copy of the decision in writing. This written decision will be delivered as soon as is practicable after the decision has been made. This will include information on the right of appeal where appropriate.

Appeals

8

2.13

Parties aggrieved by a decision of the Council have a right of appeal. This must be lodged with the relevant Court in accordance with the relevant statutory provisions. The Council strongly advises parties to promptly seek appropriate independent legal advice in such circumstances.

Working in partnership 2.14

9

The Council aims to work in partnership when dealing with hackney carriage and private hire licensing issues. Such partnerships will include (but are not restricted to) relevant hackney carriage and private hire trade associations, Telford & Wrekin Council, West Mercia Police, Vehicle and Operator Services Agency (VOSA), Revenues and Benefits teams and consumer groups.

PART 3 LICENSABLE ACTIVITES

10

PART 3 – LICENSABLE ACTIVITES

Introduction 3.1

This part of the Policy focusses on the licensable activities and the necessary steps required to obtain and hold such a licence. These steps will include the standards that applicants must attain and the conditions that apply. Where appropriate, any reference to ‘applicant’ is deemed to include existing licence holders.

3.2

The following are applicable to all licence types: 

Where an applicant has failed to declare relevant information or provided false information the application is likely to be refused; where this relates to an existing licence, the licence is likely to be revoked. Applicants are reminded that it is an offence to knowingly or recklessly make a false declaration or omit any material particularly when giving information required by the application for a licence;



All licence fees payable at the time of application are non-refundable;



In the event that an application for a licence is paid by cheque, the licence will not be valid until such time as the cheque has cleared. In the event that the cheque does not clear and the licence has been issued, the licence will be null and void with immediate effect;



The application process must be completed within 6 months unless prevented from doing so by matters that are outside the applicant’s control, e.g. external delays in the DBS process, otherwise the application process will cease to progress further and the process must recommence from the beginning;



Where a licence has been surrendered or revoked a new application must be submitted in accordance with the relevant new licence procedures before the Council will consider the application;



When a licence expires, the Council will not permit any ‘periods of grace’ for the submission of a renewal application.

Appointments 3.3

11

The Council runs an appointment system. Applicants will not be seen without an appointment. To assist drivers and operators to make appointments in a timely manner, the Council will notify all operators, drivers and the proprietors of vehicles that their licence is due to expire at least four weeks before the actual expiry of a licence.

Criminal record disclosure 3.4

The Council follows the Disclosure and Barring Service (DBS) Code of Practice for Registered Persons and Other Recipients of Disclosure Information (April 2009) and abides by the handling of DBS certificate information requirements on the secure storage, handling, use, retention and disposal of disclosure certificates and certificate information. Further information about the DBS can be found on the GOV.UK website athttps://www.gov.uk/government/organisations/disclosure-and-barring-service/about.

3.5

Drivers who undertake work for Council transport contracts are advised to contact the Council’s Passenger Transport Team in order to ascertain the standard of criminal record disclosure required and any other requirements in this respect. The Passenger Transport Team will share information with the Licensing Team about individuals and businesses that apply and/or tender to deliver passenger transport contracts.

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3a.

HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS Summary

3a.1

Any person who drives a hackney carriage must hold the appropriate vehicle driver’s licence. Hackney carriage vehicle driver’s licences are issued in accordance with section 46 of the Town Police Clauses Act 1847.

3a.2

Any person who drives a private hire vehicle licence must hold the appropriate vehicle driver’s licence. Private hire vehicle driver’s licences are issued in accordance with section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

3a.3

The Council will issue a drivers licence to all applicants and this will permit the driving of both hackney carriage and private hire vehicles, unless an applicant makes a specific request to the Council for either a hackney carriage driver licence or a private hire vehicle driver licence. Fit and proper person

3a.4

Licensed drivers provide a public service. The Council will not licence anyone to drive a hackney carriage or private hire vehicle unless it is satisfied that they are a fit and proper person.

3a.5

In considering the fit and proper person test, all applicants on initial application and renewal must complete an enhanced Disclosure and Barring Service (DBS) check and undergo a medical examination. The Council will also make additional enquiries through its Care First system (or equivalent if this is replaced or if it is necessary to seek details from other local authorities), directly with West Mercia Police (and other relevant police forces, where appropriate), other relevant local authorities (particularly Telford & Wrekin Council) and any other appropriate organisation, agency or person in order to ensure the Council is in a position to make as accurate an assessment of the applicant’s fitness to hold a licence as is reasonably practicable.

3a.6

With specific reference to existing licence holders, where there is any cause for a licence to be reviewed, the Council may request the licence holder to consent to a further enhanced DBS check the cost of which lies with the licence holder. Where a licence holder refuses to consent to a further check the Council will take this into consideration in determining their continuing fitness to hold a licence.

3a.7

When assessing the fitness of an applicant to hold a drivers licence, the Council will consider the applicant’s criminal history as a whole, together with all other relevant evidence, information and intelligence including their history (e.g. complaints and positive comments from the public, compliance with licence conditions and willingness to co-operate with licensing officers) whilst holding a licence from the Council or any other authority. Particular attention will be given to patterns of behaviour, irrespective of the time-scale over which they have occurred, both in terms of proven criminal offences and other behaviour/conduct that may indicate the safety and welfare of the public may be at risk from the applicant.

13

3a.8

In addition, an important element associated with the fitness to hold a licence is the appearance and behaviour of a licensed driver. Consequently, the Council requires all licensed drivers to maintain a reasonable standard of appearance and behaviour when in contact and dealing with other road users, pedestrians, customers, the general public, other licensed operators and drivers of hackney carriage and private hire vehicles, Council officers and elected members at all times. Applicants and licensed drivers must also co-operate with any reasonable request made by an authorised officer of the Council or any police officer.

3a.9

It must also be recognised that the Council will consider all criminal history, behaviour and conduct irrespective of whether the specific history, behaviour or conduct occurred whilst drivers were directly engaged in hackney carriage or private hire licensed work at the time or whether they occurred during the drivers’ own personal time. Criminal record disclosure

3a.10 As referred to above, hackney carriage and private hire vehicle drivers are required to undertake an enhanced criminal record disclosure (DBS check) and due to the nature of the occupation such drivers are deemed to be an exempt occupation under the provisions of the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act (Exceptions) Order 2003. 3a.11 The effect of this, in relation to hackney carriage and private hire drivers, is to render the Rehabilitation of Offenders Act 1974 inapplicable and therefore convictions are deemed never to be spent. As a result, all convictions, including cautions, will be taken into account when considering a person’s suitability to hold a driver’s licence. Consequently, applicants are required to provide details of all convictions and cautions, including driving endorsements and disqualification periods relating to ‘major’ traffic offences. 3a.12 Although cautions are generally not as serious as convictions, they do require an admission of guilt before they can be issued and are therefore a valuable indication as to an applicant’s character and whether they are a fit and proper person to hold or be granted a licence. 3a.13 A criminal record does not automatically bar an applicant from holding a drivers licence; however, it will be a significant factor when determining whether a licence ought to be granted or not. Where an applicant has previous criminal convictions, these will be considered in line with the guidance set out in Appendix F. However, the over-riding consideration will always be to ensure the safety and welfare of the public. 3a.14 Persons who have not been resident within the United Kingdom for the five years prior to submitting an application, will be required to produce a certificate of good conduct or equivalent document (at their own cost) issued by the relevant Embassy or High Commission. The certificate must be authenticated, translated and sealed by the Embassy or High Commission. In the event that an applicant is not able to obtain a certificate of good conduct, they may submit a statutory declaration with regard to their conduct, which must be completed in the presence of a practising solicitor. The Council may contact the relevant Embassy, High Commission, solicitor or other appropriate body to verify any documents provided. Proof of a right to work in the United Kingdom will also be required. Contact details for Embassies and High Commissions can be found 14

from the Foreign & Commonwealth Office (FCO) on the GOV.UK website at https://www.gov.uk/government/world. The FCO may be contacted for further assistance by telephone on 020 7008 1500, by email at [email protected] or by post at the FCO, King Charles Street, London, SW1A 2AH. Non-conviction information 3a.15 In addition to conviction/caution information, applicants are expected to provide details of all warnings, driving endorsements/disqualification periods relating to ‘minor’ traffic offences, fixed penalties, penalty charge notices and any other similar sanctions, together with any charges or arrests that they are the subject of in connection with criminal offences, whether or not actually charged with the offence, and details of any allegations of involvement in criminal activity or where they have been questioned in connection with any alleged criminal activity or inappropriate/unacceptable behaviour or any other relevant pending matter. 3a.16 Where an applicant is the subject of an outstanding charge or summons, their application may continue to be processed; however, depending on the circumstances, it is unlikely that a decision on the application will be made until the conclusion of the criminal proceedings. Where the outstanding charge or summons involves a serious offence and/or the individual’s offending history and behaviour/conduct indicates a pattern of unlawful or unacceptable behaviour/character traits, then the application is likely to be refused. 3a.17 Where there is evidence/information that an applicant has been arrested or charged but not convicted of offences but the nature of this evidence/information suggests the applicant may not be a fit and proper person, the Council will give serious consideration to refusing an application or revoking an existing licence. Period of licence 3a.18 Driver licences will be issued for an initial probationary period of one year followed by three yearly renewal periods thereafter. Application process 3a.19 The application form must be fully completed and include all relevant information, supporting documentation and appropriate fee. If any part of the application form is incomplete or the relevant information or supporting documentation is not provided, the applicant will be requested to provide the missing information/documentation and informed that the application will not be processed until such time as all the information/documentation is provided. The full fee for the licence (which includes the cost of the DBS check, the initial driver assessment and the initial knowledge test) is payable at the time the application is submitted. New applications 3a.20 All new applicants must be at least 21 years old and have held a full DVLA/EC/EEA category B driving licence for at least 3 years at the time of application. The 3 year period is calculated from the date of issue of the full driving licence. These requirements apply only to applications received on or after the date this Policy comes into force and, in this specific regard, applications received prior to the date of this 15

Policy must satisfy the requirements set out in the Council’s Hackney Carriage and Private Hire Licensing Policies and Associated Documents dated 1 October 2011. 3a.21 In addition, applicants must:     

    

Submit a completed application form Pay the appropriate licence fee Provide a passport sized photograph countersigned in accordance with passport rules to prove the applicant’s identity Have a satisfactory enhanced DBS report Have a satisfactory report in respect of the enquiries made through Care First (or equivalent), West Mercia Police (or other relevant force), other local authorities and any other organisation, agency or person that the Council has deemed appropriate to seek information from Have two satisfactory references from either professional or business sources (NB The Council will not accept references from family members or, where relevant, the applicant’s future employer) Pass the Council’s knowledge test Pass the road safety and driving ability test (driver assessment) or alternatively hold a current advanced motorist qualification Pass a Group 2 medical examination Complete a DVLA data protection mandate

Renewal applications 3a.22 On renewal of an existing licence, applicants must:      

Submit a completed application form Pay the appropriate licence fee Where the applicant’s original photograph is no longer a true likeness, provide a passport sized photograph countersigned in accordance with passport rules to prove the applicant’s identity Complete a DVLA data protection mandate Complete a DBS disclosure Where required, pass a Group 2 medical examination (refer to paragraphs 3a.37 to 3a.46 below to determine whether a medical examination is/is not required)

3a.23 Providing the above are satisfied, the Council will renew the licence subject to the receipt of a satisfactory enhanced DBS report and satisfactory reports through Care First (or equivalent), West Mercia Police (or other relevant force), other local authorities and any other organisation, agency or person that the Council has deemed appropriate to seek information from. It is the responsibility of the applicant to provide the Council with the DBS report within 7 days of the date of receipt. Failure to do so will result in the driver’s licence being suspended or ultimately revoked. 3a.24 To allow continuous driving, a licence application must be received by the Council at least 10 working days prior to the expiry date of the original licence to allow the Council sufficient time to process the renewal application. Once a licence expires, is revoked (subject to a statutory appeal process) or surrendered, it ceases to exist. 16

3a.25 Once a licence ceases to exist a renewal application will not be accepted by the Council and the applicant must submit a new driver’s licence application which will be processed in accordance with the Council’s new application procedures. Arranging DBS, knowledge test and driver assessment 3a.26 Appointments are made by the Council’s licensing team with the applicant to complete a DBS application form, knowledge test and driver assessment. It is the intention of the Council to move towards a self-service online booking system to allow applicants to arrange these appointments; however, this is in development and the timescale for implementation is not yet known. Knowledge test 3a.27 Applicants for a licence to drive a hackney carriage or private hire vehicle will be required to take and pass the Council’s knowledge test. This test is aimed at assessing the driver’s knowledge of streets, locations, attractions, entertainment venues and general geography of the Council’s administrative area in order to satisfy the Council that they will be able to convey passengers who may be unfamiliar with the locality. This test will be conducted in English. Details of what is required in the knowledge test are provided at the time the knowledge test booking is confirmed. 3a.28 Normal examination conditions will apply during the knowledge test. Any person found to be using unfair means during the test will be excluded from the test and will be required to take a fresh test and pay the appropriate fee. This may also affect their fitness and propriety to be granted a licence. 3a.29 The charge for the initial knowledge test is included in the licence fee. Where an applicant fails the knowledge test there is an additional fee for every subsequent test and every missed test. Once an appointment has been allocated for the test, the applicant must give 2 clear working days’ notice to cancel an appointment otherwise they will be required to pay the test fee. In such circumstances the Council will deem that the applicant has failed the test. 3a.30 An applicant is permitted to take the knowledge test up to a maximum of 3 times per application, subject to the additional re-test fees being paid. Where an applicant fails the knowledge test three times, the application will be refused, subject to a manager who has responsibility for licensing permitting a further test or tests where the circumstances are considered appropriate. The applicant will not be permitted to reapply for a drivers licence until the expiry of a 12 month period from the date of the last failed knowledge test. 3a.31 The holder of a driver’s licence may be required to satisfactorily undertake a further knowledge test or tests at the discretion/request of the Council. 3a.32 Failure to submit to or pass any knowledge test will permit the Council to refuse to grant or renew a driver’s licence or to revoke or suspend the licence as required. Road safety and ability test (driver assessment)

17

3a.33 Applicants for a licence to drive a hackney carriage or private hire vehicle will be required to take and pass the Council’s driver assessment. This assessment aims to ensure drivers demonstrate a high degree of road safety awareness and excellent driving ability. Details of what is required in the assessment are provided at the time the assessment booking is confirmed. 3a.34 The charge for the initial driver assessment is included in the licence fee. Where an applicant fails the assessment there is an additional fee for every subsequent assessment and every missed assessment. Once an appointment has been allocated for the assessment, the applicant must give 2 clear working days’ notice to cancel an appointment otherwise they will be required to pay the assessment fee. In such circumstances the Council will deem that the applicant has failed the assessment.

3a.35 An applicant is permitted to take the assessment up to a maximum of 3 times per application, subject to the additional re-assessment fees being paid. Where an applicant fails the driver assessment 3 times, the application will be refused, subject to a manager who has responsibility for licensing permitting a further assessment or assessments where the circumstances are considered appropriate. The applicant will not be permitted to re-apply for a drivers licence until the expiry of a 12 month period from the date of the last failed assessment. 3a.36 The holder of a driver’s licence will be required to satisfactorily undertake a further driver assessment or assessments at the discretion/request of the Council. 3a.37 Failure to pass any driver assessment will permit the Council to refuse to grant or renew a driver’s licence or to revoke or suspend the licence as required. Medical requirements 3a.38 The Council is permitted to satisfy itself that an applicant for a licence is physically fit and remains so during the currency of any licence. Consequently, all applicants for a hackney carriage or private hire vehicle driver’s licence are required to undertake a medical examination on initial application, at defined intervals thereafter and at any other such time as the Council requires to ensure their fitness to drive. The standards required are set out in the DVLA publication ‘At a Glance Guide to the Current Medical Standards of Fitness to Drive’ (May 2014). The standard required is the ‘Group 2 Entitlement’. No grandfather rights are given by the Council in relation to medical matters. 3a.39 Applicants must undertake the medical examination and provide a satisfactory medical certificate before a licence is issued and then every 5 years from the age of 45, or sooner if stipulated by the examining doctor. 3a.40 Applicants over the age of 65 or who attain the age of 65 during a licensed period must undertake a medical examination and provide a satisfactory medical certificate annually. 3a.41 In particular, applicants must consider the medical conditions listed in Appendix G as the Council may refuse to grant an application or revoke an existing licence where an applicant has any of the listed conditions. Where relevant, the applicant must comply with the additional requirements detailed in Appendix G.

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3a.42 If once licensed, the driver’s medical circumstances change during the currency of the licence, the driver must inform the Council within 7 days. The Council may require the driver to immediately undertake a further medical examination and provide an approved medical certificate confirming the outcome of this examination and the driver’s fitness (or otherwise) to continue as a licenced driver. 3a.43 Should an authorised officer of the Council have reason to believe that a licensed hackney carriage or private hire vehicle driver has a medical condition that renders them unfit to drive, a further medical examination will be requested. 3a.44 All medical examinations must be carried out by the applicant’s registered General Practitioner (GP) or any registered GP who confirms in writing that they have seen the applicant’s medical records. The GP must be qualified and registered with the General Medical Council. The Council reserves the right to refer any medical matters to its own appointed Medical Officer whose decision on the fitness (or otherwise) of a driver to continue as a licensed driver will be final. 3a.45 The Council will not grant or renew, as the case may be, any driver’s licence unless the foregoing provisions are complied with and the driver can demonstrate that they are medically fit to hold a drivers licence. 3a.46 With respect to current licence holders, if it is deemed necessary to do so, a licence may be revoked or suspended in the interests of protecting the public until further medical examination(s) has/have been carried out or if the licence holder is unable to demonstrate that they are medically fit to hold a drivers licence. 3a.47 Medical exemptions involving the carriage of disabled persons and assistance dogs may apply to new applicants or licensed drivers who suffer from certain medical conditions. Where this is the case, the applicant/licensed driver must submit to a rigorous medical examination and provide sufficient proof that they have a history of a specific health problem(s) that means they qualify for such a medical exemption. However, the Council reserves the right to refuse to grant a licence if deemed appropriate to do so. DVLA and other relevant driving licences 3a.48 A person applying for a drivers licence must be at least 21 years old and have held a full DVLA/EC/EEA category B driving licence for at least 3 years at the time of application. This includes European Union (EU), European Economic Area (EEA) and Northern Irish licences. These requirements apply only to applications received on or after the date this Policy comes into force and, in this specific regard, applications received prior to the date of this Policy must satisfy the requirements set out in the Council’s Hackney Carriage and Private Hire Licensing Policies and Associated Documents dated 1 October 2011. 3a.49 Throughout the currency of the licence, the driver must possess a full driving licence in accordance with the above requirements. 3a.50 Applicants are required to produce the original of their driving licence. Copies will not be accepted. Where a driving licence has a photo card and counter-part paper licence, applicants must produce both parts and they must be of the same issue number.

19

3a.51 All applicants holding driving licences issued by agencies other than the DVLA must produce a certificate to show a driving record from the country of issue. 3a.52 The Council will not provide photocopies of any driver’s driving licence from Council records. English speaking 3a.53 Applicants must be able to converse orally and in writing in English to a standard that would be reasonably expected of a person undertaking a role as a hackney carriage or private hire driver. Licence conditions 3a.54 The applicable conditions with which a driver holding a hackney carriage, private hire or drivers licence must comply are set out at Appendix A. These conditions are in addition to any matters set out within the main body of the Policy. Main legal requirements 3a.55 Production of documents The driver must, on request, produce for inspection their driver’s licence forthwith or within 5 days to either the Council’s offices or a police station. 3a.56 Driver’s badges and licences The badge must be worn by the driver at all times when driving the licensed vehicle and the badge must be plainly and distinctly visible. 3a.57 All drivers of vehicles licensed for hackney purposes of which they are not the proprietor, must before commencing driving that vehicle, deposit their driver’s licence with the proprietor for retention by him until such time as the driver ceases to be permitted or employed to drive the vehicle or any other vehicle of his. 3a.58 On ceasing to be a licensed driver through suspension, revocation, refusal to renew or expiry of the driver’s licence, the licence holder must return the badge and licence to the Council within 7 days (or earlier if the Council so demands) of the suspension, revocation, refusal to renew or expiry becoming effective. 3a.59 Journeys Drivers must not unnecessarily prolong a journey, in distance or in time. 3a.60 Vehicles permitted to be driven for private hire and hackney carriage purposes Only vehicles licensed by the Council are permitted to be used for hackney carriage and private hire purposes. 3a.61 Driving licensed vehicles Only drivers who are licensed by the Council that licensed the vehicle are permitted to drive the licensed vehicle. The only exceptions to this are when the vehicle is undergoing an MOT test and needs to be driven by the MOT examiner or it is being

20

driven by a qualified mechanic for the purposes of a vehicle service, recovery or maintenance or otherwise permitted by legislation. 3a.62 Touting A proprietor or driver of a hackney carriage, when standing or plying for hire, must not call out or otherwise importune any person to hire such vehicle and must not make use of the services of any other person for this purpose. 3a.63 Plying for hire Drivers of private hire vehicles must NOT ‘ply for hire’. The Council’s interpretation of ‘plying for hire’ is set out at Appendix E and is based on relevant legislation and case law. 3a.64 Transporting children As a minimum, drivers must comply with the requirements set out in the table below. Front seat

Rear seat

Who is responsible?

Child up to 3 years

Correct child restrains must be used

Correct child restraint must be used. If a restraint is not available in a licensed hackney carriage or private hire vehicle, the child may travel unrestrained.

Driver

Child from 3rd birthday up to 135 cm in height or 12th birthday, whichever they reach first

Correct child restrains must be used

Where seat belts are fitted, the correct child restraint must be used. The child must use adult belt if the correct child restraint is not available as follows:

Driver

in a licensed hackney carriage or private hire vehicle; or for a short distance in an unexpected necessity; or two occupied child restraints prevent fitting of a third. A child 3 years and over may travel unrestrained in the rear seat of a vehicle if seat belts are not fitted in the rear.

Child over 135 cm in height or 12 or 13 years old

Seat belt must be worn if available*

Seat belt must be worn if available.

Driver

Passengers aged 14 years and over

Seat belt must be worn if available*

Seat belt must be worn iof available.

Passenger

*Vehicles built before 1965 are not required to have fitted seatbelts.

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3a.65 Smoking in vehicles Drivers must not, at any time, smoke or permit passengers to smoke in their vehicle as required by the Health Act 2006 and the Smoke-Free (Exemptions and Vehicles) Regulations 2007. 3a.66 Refusing to convey passengers A driver of a hackney carriage who is waiting at a rank/stand must not refuse to carry a passenger without a reasonable excuse. 3a.67 Overcharging Drivers of hackney carriages must not charge more than is permitted under the current table of fares. 3a.68 Persons riding without consent Drivers of hackney carriages must not permit persons to be carried in the vehicle unless they have the consent from the person who is actually hiring the vehicle. 3a.69 Unauthorised drivers Licensed drivers of hackney carriages must not allow any persons to drive a hackney carriage unless they are authorised to do so by the proprietor and hold an appropriate license to do so. 3a.70 Unattended vehicles Hackney carriage drivers must not leave their vehicle unattended in any street or public place or venue. 3a.71 Obstruction Hackney carriage drivers must not obstruct other hackney carriage drivers/vehicles from undertaking their normal hiring and driving activities.

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3b.

HACKNEY CARRIAGES Summary

3b.1

Hackney carriages are licensed in accordance with the provisions contained in the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.

3b.2

Commonly known as ‘taxis’, hackney carriages are licensed to stand for hire at a taxi rank or can be hailed in the street in the administrative area of the Council with which it is licensed and may also undertake pre-booked journeys anywhere in the country.

3b.3

The Council does not limit the number of hackney carriage licences that it will issue.

3b.4

The Council will not licence a vehicle for hire and reward which is licensed by another local authority or allow or permit a hackney carriage identification plate issued by another authority to be displayed on the vehicle.

3b.5

All hackney carriages must be capable of providing for at least one wheelchair. Transitional arrangements set out at paragraph 3b.7 apply. Relevant licensable area

3b.6

With effect from the 1 April 2015, Shropshire Council will not operate separate zones for licensing of hackney carriages and the relevant licensable area will be the whole administrative area of the Council. The transitional arrangements set out below apply.

3b.7

With respect to hackney carriages licensed prior to this Policy coming into effect, the following transitional arrangements apply between the 1 April 2015 and 31 March 2018. 

For vehicle licences due for renewal between 1 April 2015 and 30 September 2016, the proprietor must change their licence plates and ensure their vehicle is wheelchair accessible at the date the licence is due for renewal OR no later than 31 March 2018.



For vehicle licences due for renewal between 1 October 2016 and 31 March 2018, the proprietor must change their licence plates and ensure their vehicle is wheelchair accessible at the date the licence is due for renewal.



Where a proprietor chooses to renew on a date that means the normal period of the licence will extend beyond the 31 March 2018, the Council will provide new licence plates, to cover the period from 1 April 2018 up to the date when the licence becomes due for renewal.

Intended use of vehicles 3b.8

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A person applying for a licence for a hackney carriage vehicle should do so with the intention of using the vehicle in the administrative area of Shropshire Council. Where the intention is to use a hackney carriage licensed vehicle in another council’s area for private hire, then the applicant should apply to that council for an appropriate licence.

3b.9

In accordance with section 57 of the Local Government (Miscellaneous Provisions) Act 1976, a person applying for a hackney carriage licence will be required to indicate whether the vehicle will be used primarily within the administrative area of Shropshire Council or outside the area. Details will be required as to the proportion of business that will be carried out both within and out of Shropshire Council’s administrative area. In addition, details of the location of business carried on outside the Council’s area will be required. Applications received where the primary use of the vehicle is or is likely to be outside the Council’s area will be refused.

3b.10 Full details of the Council’s intended use policy for the licensing of hackney carriages is set out at Appendix H. Period of licence 3b.11 Vehicle licences will be issued for 12 months. Applicant 3b.12 The applicant for a vehicle licence must be the person who is the legal owner of the vehicle concerned and entitled to have the ownership of the vehicle registered under the provisions of Regulation 10 of the Road Vehicles (Registration and Licensing) Regulations 2002 in their own name. Prior to licensing and thereafter, as required, satisfactory evidence must be produced to demonstrate compliance with this requirement. Vehicles 3b.13 The Council requires all hackney carriage vehicles to comply with the following requirements:

Emissions 3b.14 Vehicles must comply with the following European Emission Standards as defined by EU Regulation 692/2008 (which implemented and amended Regulation 715/2007):Renewal/New Application Renewal New Renewal New

Period 1 April 2015 to 31 March 2017 1 April 2015 to 31 March 2018 1 April 2017 onwards 1 April 2018 onwards

European Emission Standard Euro 4 Euro 5 Euro 5 Euro 6

3b.15 The required European Emission Standards will be updated in line with current legislation when this Policy is reviewed.

Safety

24

3b.16 Vehicles must meet the following safety standards as defined by the European New Car Assessment Programme (NCAP): 

All new and renewal vehicle applications submitted between 1 April 2015 and 31 March 2017 are required to be NCAP 4 star. New vehicle applications submitted on or after 1 April 2017 are required to be NCAP 5 star.

3b.17 These requirements of 3b.16 do not apply to hackney carriages that have been specifically constructed or converted for disability access, i.e. where the vehicle has been fitted with a mechanically operated ramp and fittings to secure wheelchairs to the floor in accordance with the Department for Transport specifications. Vehicles that utilise non mechanical ramps do not constitute the vehicle being specifically constructed or converted for disability access. Other Requirements 3b.18 Vehicles must not seat more than eight passengers (not including the driver) and:

25

(a)

Be a Light Passenger Vehicle as defined by section 85 of the Road Traffic Act 1988 and have a minimum of 4 wheels

(b)

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

(c)

Entire external bodywork of the vehicle must be of a uniform black colour (NB the dates set out in the transitional provisions in paragraph 3b.7 apply). This does not prohibit the display of advertisements as authorised by the Council.

(d)

All paintwork must be maintained in a high gloss finish of a uniform colour (but note the specific requirement at ‘c’ above) and free from dents, scratches or rust.

(e)

Have a watertight roof or covering.

(f)

Provide at least two windows on each side of the vehicle of which one window on one side must have a means of opening/closing.

(g)

Tinted windows will only be permitted in accordance with the manufacturers or specialist coachbuilder’s specification and must comply with the Road Vehicles (Construction & Use) Regulations 1986 as amended.

(h)

Have seats that are properly cushioned and covered.

(i)

Have a floor provided with a proper carpet, mat, or other suitable covering.

(j)

Have fittings and furniture in a clean condition and be well maintained and in every way fit for public service.

(k)

Provide means for securing luggage if the carriage is so constructed as to carry luggage.

(l)

Where tilting passenger seats are fitted the seat must :

be forward facing



designed for use by an adult



have a three point seatbelt

As specified in the Road Vehicle (Construction and Use) Regulations 1986 (as amended) (m)

Have a minimum of four passenger doors including an entry/exit point for the driver if a vehicle other than a taxi approved to the specifications of the Public Carriage Office.

(n)

Be maintained in a sound mechanical and structural condition at all times.

(o)

Have a spare pneumatic tyre; all tyres, including the spare must comply with the vehicle manufacturer’s specification and any relevant legislation.

(p)

Be maintained in a clean and safe condition at all times from both exterior and interior perspectives.

(q)

Have provision for the legal transportation of a minimum of one wheelchair at all times. (NB Transitional provisions apply up to 31 March 2018 to hackney carriages that were licensed and operated other that in Zone 4 prior to the commencement of this Policy. Refer to paragraph 3b.7 above for details.)

Application process 3b.19 The application form must be fully completed and include all relevant information, supporting documentation and appropriate fee. If any part of the application form is incomplete or the relevant information or supporting documentation is not provided, the applicant will be requested to provide the missing information/documentation and informed that the application will not be processed until such time as all the information/documentation is provided. The full fee for the licence is payable at the time the application is submitted. 3b.20 The application process to licence a hackney carriage vehicle is the same for a new or renewal application. 3b.21 Any person wishing to licence a hackney carriage vehicle must submit:        

26

a completed application form; the appropriate licence fee; a valid MOT (in accordance with the requirements set out at paragraph 3b.19 below); a valid certificate of insurance for public hire, including proof of Public Liability insurance for a minimum of £5,000,000; evidence that appropriate Vehicle Excise Duty (Road Tax) has been paid, e.g. email confirmation from the DVLA or Post Office receipt; the V5 registration certificate (note the alternative interim measure outlined in paragraph 3b.20 below); a valid certificate/report to confirm the vehicle is fitted with a taximeter in accordance with the requirements set out at paragraph 3b.18 below; evidence of compliance with the relevant European Emission Standards as set out in paragraph 3b.14 either at the point of vehicle construction or by a subsequent adaption or conversion approved by the Council - the compliance must be relevant to the engine installed in the vehicle and this must be reflected in the V5 registration certificate;

 





evidence of compliance with the relevant European New Car Assessment Programme (NCAP) rating as set out in paragraph 3b.16; where the vehicle is fitted with a mechanically operated ramp, a valid certificate/report confirming the ramp complies with the requirements of the Lifting Operations and Lifting Regulations 1998 (NB The proprietor is responsible for ensuring that a competent person carries out the necessary checks in accordance with these Regulations.); where non-mechanical ramps are used, confirmation from the proprietor of the vehicle that the ramps comply with the relevant provisions of the Provision and Use of Work Equipment Regulations 1998. (NB Licensing officers will check that the provision of non-mechanical ramps is being maintained by the vehicle proprietor.); and where fittings are used to secure wheelchairs to the floor of a vehicle, a valid certificate/report confirming that all the fittings meet the Department of Transport required specifications.

Taximeters 3b.22 Taximeters must be:  

   

certified by a notified body in accordance with the Measuring Instruments Directive (MID) (2004/22/EC), in particular Annex 007; fitted with a device, the use/action of which will bring the taximeter into action and cause the word 'HIRED' to appear on the face of the taximeter and such a device must be capable of being locked in a position such that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter; calibrated against an appropriate standard to ensure the tariff charged does not exceed the maximum fares agreed by the Council; calendar controlled; fixed to the vehicle with appropriate seals/appliances to prevent any person from tampering with the meter except by breaking, damaging, or permanently displacing the seals/appliances; and have the word ‘FARE’ printed on the face of the meter in plain letters so as clearly to apply to the fare recorded thereon.

MOT requirements 3b.23 MOTs are required in accordance with the following requirements:

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Vehicles must be submitted for an MOT inspection at 6-monthly intervals (and any other inspection deemed necessary by an authorised officer) and the applicant must produce valid MOT certificates to the Council in this respect.



Once a vehicle reaches the age of 9 years, it must have three MOT tests per year; tests being spaced evenly throughout the year at four monthly intervals and the applicant must produce valid MOT certificates to the Council in this respect.



MOT certificates will only be accepted by the Council within 10 working days of the date of issue from the MOT testing centre.



MOTs must be undertaken by a ‘Nominated Tester’ or Authorised Vehicle Examiner at a Vehicle Testing Station appointed under Section 45 of The Road Traffic Act 1988; the cost of all tests must be met by the vehicle operator.



The vehicle must have a valid MOT throughout the licence period.



With respect to a licensed vehicle, in the event of a proprietor failing to present to the Council an MOT test certificate as required (unless delayed or prevented by sufficient cause accepted and agreed by the Council), the Council may suspend the licence and require the proprietor of that hackney carriage to return the plate to them within 72 hours.

V5 registration certificate 3b.24 The Council accepts that a full V5 registration form in the new owner’s name is not always available upon first licence; however, the V5/2 green section of the V5 form must be produced. Where the green section has been produced on first licensing the vehicle, a full V5 form in the new owner’s name must be produced to the Council within 7 days of the form being received by the owner of the vehicle. A V5 form or proof of purchase must be produced upon transfer of a vehicle licence. Renewal of a licence 3b.25 To allow the vehicle’s licence to be renewed, a renewal application form must be received by the Council at least 10 working days prior to the expiry date of the original licence to allow the Council sufficient time to process the renewal application. Once a licence expires, is revoked (subject to a statutory appeal process) or surrendered, it ceases to exist. In such circumstances the vehicle must not be used after the expiry date until the renewal plate has been issued. 3b.26 Once a licence ceases to exist a renewal application will not be accepted by the Council and the applicant must submit a new vehicle licence application which will be processed in accordance with the Council’s new application procedures. Vehicle not fit for the conveyance of passengers 3b.27 Where a proprietor has notified the Council that damage has occurred to a vehicle, otherwise than in accordance with relevant road traffic legislation, or an inspection of the vehicle by an officer of the Council has determined that a vehicle is not fit for the purpose of conveying passengers, an authorised officer of the Council will decide if the condition is such that the vehicle may continue in service or not. If not, the Council may at that time suspend the licence and require the proprietor of the vehicle to return the vehicle’s plate to them within 72 hours. The suspension will be lifted and the plate returned at such time when the condition of the vehicle is demonstrated, to the satisfaction of the Council, to be fit for conveying passengers. The officer may require the proprietor to arrange for a further MOT test to be undertaken and certificate produced before the vehicle will be permitted to operate; this is at the discretion of the authorised officer. Advertising 28

3b.28 Proprietors may advertise on hackney carriages in accordance with the conditions set out at Appendix I. This is subject to prior written approval from the Council. Closed circuit television (CCTV) 3b.29 Proprietors of hackney carriage vehicles are permitted to install closed circuit television (CCTV) systems providing such systems are installed in accordance with the appropriate legal framework and the Council has been notified, in writing, of their intention to do so. Trailers 3b.30 Hackney carriages are permitted to tow trailers when undertaking the licensable activity, providing the conditions set out at Appendix J are complied with. Ranks 3b.31 The Highways section of the Council will work with the hackney carriage trade, Licensing and West Mercia Police to determine where ranks/stands ought to be situated. 3b.32 Where a driver is plying for hire and is illegally parked or if, in the opinion of an officer of the Council or police officer, the driver is plying for hire in a dangerous location, the driver’s licence may be reviewed and such conduct may be deemed a reasonable cause to revoke or suspend the licence or to take any other appropriate action.

LPG converted vehicles 3b.33 The Council must be satisfied that any vehicle that has been converted to LPG has been converted correctly prior to a licence being issued. To this end, the Council will undertake checks with the UK LPG Vehicle Register. 3b.34 With respect to new applications, where it is established that a conversion has not been undertaken correctly and/or the vehicle is unsafe in any way, the Council will refuse the application. 3b.35 In the event that an LPG conversion has been undertaken on a vehicle during a current licenced period and the proprietor of the vehicle fails to notify the Council within 7 days of the conversion and provide the LPG Association Conversion Certificate, the Council will suspend the vehicle licence until such time as the certificate is produced. If the certificate is not produced within 28 days from the date the licence was suspended the Council will revoke the licence. 3b.36 In the case of a conversion that has been undertaken on a vehicle during a current licenced period and it is subsequently established that the conversion has not been undertaken correctly and/or the vehicle is unsafe in any way, the Council will suspend the licence until such time as the conversion has been undertaken correctly and/or it is demonstrated to the satisfaction of the Council that the vehicle is safe. If this does not occur within a period of 28 days from the date the licence was suspended the Council will revoke the licence.

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Hackney carriage fares 3b.37 The hackney carriage trade will be expected to apply for any change to the hackney carriage fares. Any proposed changes will be notified to all hackney carriage licence holders, considered by the Strategic Licensing Committee and advertised in the local press before they are adopted. This does not preclude the Council from putting forward changes to the fares or taking a decision not to accept the application from the trade. Licence conditions 3b.38 The applicable conditions relevant to a hackney carriage licence are set out at Appendix B. These conditions are in addition to any matters set out within the main body of the Policy. Main legal requirements 3b.39 Change of proprietor The proprietor must give notice to the Council of any transfer in his interest in the hackney carriage vehicle to a person other than the proprietor whose name is specified in the licence. Such notice must be given, in writing, within 14 days specifying the name and address of the person to whom the vehicle has been transferred. 3b.40 Change of address The proprietor of a hackney carriage must notify the Council in writing, within 7 days, of any change of their address. 3b.41 Retention of drivers licences A proprietor of a hackney carriage must ensure that each driver’s licence is lodged with the proprietor before the driver is employed to carry out work and must retain the licence in their possession for the period during which the driver remains in their employ. When a driver leaves the employ of a proprietor, the proprietor must return the driver’s licence unless the licence holder has been guilty of misconduct in which case the operator may retain the licence and must issue a summons to have the cause of complaint determined by the Courts. (Note: If the Courts find that the licence has been improperly retained they have the powers to order its return and to award compensation.) 3b.42 Inspection The proprietor must present their hackney carriage for inspection/testing by the Council as required, up to a maximum of 3 times per year. 3b.43 The proprietor must provide, on request, the address where the hackney carriage is kept and allow the Council to inspect/test the vehicle at that address.

3b.44 Accidents The proprietor, notwithstanding their responsibilities under relevant road traffic legislation, must report to the Council any accident as soon as reasonably practicable. However, where the vehicle has suffered accident damage that materially affects the

30

safety, performance or appearance of the vehicle, or the comfort or convenience of fare paying passengers, the driver must notify the Council within 72 hours. 3b.45 Production of documents The proprietor must, on request, produce for inspection the hackney carriage vehicle licence and insurance certificate within 7 days. 3b.46 Return of identification plate Where a licence is revoked, suspended or expires, the proprietor, when required by the Council to do so must return the identification plate within 72 hours. 3b.47 Transporting children As a minimum, vehicles must be capable of complying with the requirements set out in the table below. Front seat

Rear seat

Who is responsible?

Child up to 3 years

Correct child restrains must be used

Correct child restraint must be used. If a restraint is not available in a licensed hackney carriage or private hire vehicle, the child may travel unrestrained.

Driver

Child from 3rd birthday up to 135 cm in height or 12th birthday, whichever they reach first

Correct child restrains must be used

Where seat belts are fitted, the correct child restraint must be used. The child must use adult belt if the correct child restraint is not available as follows:

Driver

in a licensed hackney carriage or private hire vehicle; or for a short distance in an unexpected necessity; or two occupied child restraints prevent fitting of a third. A child 3 years and over may travel unrestrained in the rear seat of a vehicle if seat belts are not fitted in the rear. Child over 135 cm in height or 12 or 13 years old

Seat belt must be worn if available*

Seat belt must be worn if available.

Driver

Passengers aged 14 years and over

Seat belt must be worn if available*

Seat belt must be worn iof available.

Passenger

*Vehicles built before 1965 are not required to have fitted seatbelts. 3b.48 Ranks Hackney carriage ranks/stands are provided in accordance with the Local Government (Miscellaneous Provisions) Act 1976. The Council may appoint ranks/stands for hackney carriages. It is not a mandatory statutory requirement for the Council to do so. Before providing ranks/stands the Council will liaise with the police and the highways department of the Council. 31

3b.49 Fares Drivers undertaking journeys ending outside the Council’s area and in respect of which no fare and no rate of fare was agreed before the journey commenced must not charge more than that indicated on the taximeter or more than the current table of fares allows. 3b.50 Where a hackney carriage is used for a private hire contract the fare charged must not exceed the fares set down in the current table of fares.

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3c.

PRIVATE HIRE VEHICLES Summary

3c.1

Private hire vehicles are licensed in accordance with the provisions of the Local Government (Miscellaneous Provisions) Act 1976. Private hire vehicles must not have the appearance of a hackney carriage vehicle.

3c.2

When considering whether a vehicle is a private hire vehicle by the nature of the work it does, Shropshire Council shall have regard to the document Private Hire Vehicle Licensing - A note for guidance from the Department for Transport (August 2011)

3c.3

The Council does not limit the number of private hire vehicle licences that it will issue.

3c.4

The Council will not licence a vehicle for hire and reward which is licensed by another local authority or allow or permit a private hire vehicle identification plate issued by another authority to be displayed on the vehicle. Period of licence

3c.5

Vehicle licences will be issued for 12 months. Applicant

3c.6

The applicant for a vehicle licence must be the person who is the legal owner of the vehicle concerned and entitled to have the ownership of the vehicle registered under the provisions of Regulation 10 of the Road Vehicles (Registration and Licensing) Regulations 2002 in their own name. Prior to licensing and thereafter, as required, satisfactory evidence must be produced to demonstrate compliance with this requirement. Vehicles

3c.7

The Council requires private hire vehicles to comply with the following requirements:

Emissions 3c.8

Vehicles must comply with the following European Emission Standards as defined by EU Regulation 692/2008 (which implemented and amended Regulation 715/2007):Renewal/New Application Renewal New Renewal New

3c.9

33

Period 1 April 2015 to 31 March 2017 1 April 2015 to 31 March 2018 1 April 2017 onwards 1 April 2018 onwards

European Emission Standard Euro 4 Euro 5 Euro 5 Euro 6

The required European Emission Standards will be updated in line with current legislation when this Policy is reviewed.

Safety 3c.10 Vehicles must meet the following safety standards as defined by the European New Car Assessment Programme (NCAP): 

All new and renewal vehicle applications submitted between 1 April 2015 and 31 March 2017 are required to be NCAP 4 star. New vehicle applications submitted on or after 1 April 2017 are required to be NCAP 5 star.

3c.11 These requirements do not apply to private hire vehicles that have been specifically constructed or converted for disability access, i.e. where the vehicle has been fitted with a mechanically operated ramp and fittings to secure wheelchairs to the floor in accordance with the Department for Transport specifications. Vehicles that utilise non mechanical ramps do not constitute the vehicle being specifically constructed or converted for disability access. Other Requirements 3c.12 Vehicles must not seat more than eight passengers (not including the driver) and:

34

(a)

Be a Light Passenger Vehicle as defined by section 85 of the Road Traffic Act 1988 and have a minimum of 4 wheels;

(b)

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

(c)

Entire external bodywork of the vehicle must NOT be black in colour (NB the dates set out in the transitional provisions in paragraph 3c.8 apply.) This does not prohibit the display of advertisements authorised by the Council;

(d)

All paintwork must be maintained in a high gloss finish of a uniform colour and free from dents, scratches or rust;

(e)

Have a watertight roof or covering;

(f)

Provide at least two windows on each side of the vehicle of which one window on one side must have a means of opening/closing.

(g)

Tinted windows will only be permitted in accordance with the manufacturers or specialist coachbuilder’s specification and must comply with the Road Vehicles (Construction & Use) Regulations 1986 as amended.

(h)

Have seats that are properly cushioned and covered;

(i)

Have a floor provided with a proper carpet, mat, or other suitable covering.

(j)

Have fittings and furniture in a clean condition and be well maintained and in every way fit for public service.

(k)

Provide means for securing luggage if the carriage is so constructed as to carry luggage;

(i)

Where tilting passenger seats are fitted the seat must :-



Be forward facing



Designed for use by an adult



Have a three point seatbelt

(j)

Have a minimum of four passenger doors including an entry/exit point for the driver.

(k)

Be maintained in a sound mechanical and structural condition at all times.

(l)

Have a spare pneumatic tyre; all tyres, including the spare must comply with the vehicle manufacturer’s specification and any relevant legislation.

(m)

Be maintained in a clean and safe condition at all times from both exterior and interior perspectives.

Transitional provisions 3c.13 With respect to private hire vehicles licensed prior to this Policy coming into effect, the following transitional arrangements apply between the 1 April 2015 and 31 March 2018. 

For vehicle licences due for renewal between 1 April 2015 and 30 September 2016, the proprietor must ensure their vehicle is NOT black at the date the licence is due for renewal OR no later than 31 March 2018.



For vehicle licences due for renewal between 1 October 2016 and 31 March 2018, the proprietor must ensure their vehicle is NOT black at the date the licence is due for renewal.

Application process 3c.14 The application form must be fully completed and include all relevant information, supporting documentation and appropriate fee. If any part of the application form is incomplete or the relevant information or supporting documentation is not provided, the applicant will be requested to provide the missing information/documentation and informed that the application will not be processed until such time as all the information/documentation is provided. The full fee for the licence is payable at the time the application is submitted. 3c.15 The application process to licence a private hire vehicle is the same for a new or renewal application. 3c.16 Any person wishing to licence a private hire vehicle must submit:  a completed application form;  the appropriate licence fee;  a valid MOT (in accordance with the requirements set out at paragraph 3c.12 below);  a valid certificate of insurance for private hire, including proof of Public Liability insurance for a minimum of £5,000,000;

35

  



evidence that appropriate Vehicle Excise Duty (Road Tax) has been paid, e.g. email confirmation from the DVLA or Post Office receipt; the V5 registration certificate (note the alternative interim measure outlined in paragraph 3c.13 below); evidence of compliance with the relevant European Emission Standards as set out in paragraph 3C.8 either at the point of vehicle construction or by a subsequent adaption or conversion approved by the Council - the compliance must be relevant to the engine installed in the vehicle and this must be reflected in the V5 registration certificate; and evidence of compliance with the relevant European New Car Assessment Programme (NCAP) rating as set out in paragraph 3c.10.

MOT requirements 3c.17 MOTs are required in accordance with the following requirements: 

Vehicles must be submitted for an MOT inspection at 6-monthly intervals (and any other inspection deemed necessary by an authorised officer) and the applicant must produce valid MOT certificates to the Council in this respect.



Once a vehicle reaches the age of 9 years, it must have three MOT tests per year; tests being spaced evenly throughout the year at four monthly intervals and the applicant must produce valid MOT certificates to the Council in this respect.



MOT certificates will only be accepted by the Council within 10 working days of the date of issue from the MOT testing centre.



MOTs must be undertaken by a ‘Nominated Tester’ or Authorised Vehicle Examiner at a Vehicle Testing Station appointed under Section 45 of The Road Traffic Act 1988; the cost of all tests must be met by the vehicle operator.



The vehicle must have a valid MOT throughout the licence period.



With respect to a licensed vehicle, in the event of a proprietor failing to present to the Council an MOT test certificate as required (unless delayed or prevented by sufficient cause accepted and agreed by the Council), the Council may suspend the licence and require the proprietor of that hackney carriage to return the plate to them within 72 hours.

V5 registration certificate 3c.18 The Council accepts that a full V5 registration certificate in the new owner’s name is not always available upon first licence; however, the V5/2 green section of the V5 form must be produced. Where the green section has been produced on first licensing the vehicle, a full V5 form in the new owner’s name must be produced to the Council within 7 days of the form being received by the owner of the vehicle. A V5 form or proof of purchase must be produced upon transfer of a vehicle licence. Renewal of a licence

36

3c.19 To allow the vehicle’s licence to be renewed, a renewal application form must be received by the Council at least 10 working days prior to the expiry date of the original licence to allow the Council sufficient time to process the renewal application. Once a licence expires, is revoked (subject to a statutory appeal process) or surrendered, it ceases to exist. 3c.20 Once a licence ceases to exist a renewal application will not be accepted by the Council and the applicant must submit a new vehicle licence application which will be processed in accordance with the Council’s new application procedures. Vehicle not fit for the conveyance of passengers 3c.21 Where a proprietor has notified the Council that damage has occurred to a vehicle, otherwise than in accordance with relevant road traffic legislation, or an inspection of the vehicle by an officer of the Council has determined that a vehicle is not fit for the purpose of conveying passengers, an authorised officer of the Council will decide if the condition is such that the vehicle may continue in service or not. If not, the Council may at that time suspend the licence and require the proprietor of the vehicle to return the vehicle’s plate to them within 72 hours. The suspension will be lifted and the plate returned at such time when the condition of the vehicle is demonstrated, to the satisfaction of the Council, to be fit for conveying passengers. The officer may require the proprietor to arrange for a further MOT test to be undertaken and certificate produced before the vehicle will be permitted to operate; this is at the discretion of the authorised officer. Advertising 3c.22 Proprietors may advertise on private hire vehicles in accordance with the conditions set out at Appendix I. This is subject to prior written approval from the Council. Closed circuit television (CCTV) 3c.23 Proprietors of private hire vehicles are permitted to install closed circuit television (CCTV) systems providing such systems are installed in accordance with the appropriate legal framework and the Council has been notified, in writing, of their intention to do so. Trailers 3c.24 Private hire vehicles licensed by the Council are permitted to tow trailers when undertaking the licensed activity providing that the conditions set out at Appendix J are complied with at all times.

Meters 3c.25 Private hire vehicles will not require a meter. However if a meter is fitted, it must be: 

37

certified by a notified body in accordance with the Measuring Instruments Directive (MID) (2004/22/EC), in particular Annex 007;



   

fitted with a device, the use/action of which will bring the taximeter into action and cause the word 'HIRED' to appear on the face of the taximeter and such a device must be capable of being locked in a position such that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter; calibrated against an appropriate standard to ensure the tariff charged does not exceed the maximum fares agreed by the Council; calendar controlled fixed to the vehicle with appropriate seals/appliances to prevent any person from tampering with the meter except by breaking, damaging, or permanently displacing the seals/appliances; and have the word ‘FARE’ printed on the face of the meter in plain letters so as clearly to apply to the fare recorded thereon.

LPG converted vehicles 3c.26 The Council must be satisfied that any vehicle that has been converted to LPG has been converted correctly prior to a licence being issued. To this end, the Council will undertake checks with the UK LPG Vehicle Register. 3c.27 With respect to new applications, where it is established that a conversion has not been undertaken correctly and/or the vehicle is unsafe in any way, the Council will refuse the application. 3c.28 In the event that an LPG conversion has been undertaken on a vehicle during a current licenced period and the proprietor of the vehicle fails to notify the Council within 7 days of the conversion and provide the LPG Association Conversion Certificate, the Council will suspend the vehicle licence until such time as the certificate is produced. If the certificate is not produced within 28 days from the date the licence was suspended the Council will revoke the licence. 3c.29 In the case of a conversion that has been undertaken on a vehicle during a current licenced period and it is subsequently established that the conversion has not been undertaken correctly and/or the vehicle is unsafe in any way, the Council will suspend the licence until such time as the conversion has been undertaken correctly and/or it is demonstrated to the satisfaction of the Council that the vehicle is safe. If this does not occur within a period of 3 months from the date the licence was suspended the Council will revoke the licence. Limousines, novelty vehicles and vintage vehicles 3c.30 For the purpose of licensing a limousine is described as a luxurious vehicle that has been stretched by the insertion of an additional section not exceeding 3048 millimetres to extend the length of the vehicle. The vehicle shall be capable of carrying up to but not exceeding eight passengers. 3c.31 Limousines will be licensed by the Council; however, the over-riding consideration will be the safety of the vehicle. Such types of vehicle will only be licensed as private hire vehicles. They will be subject to the production of specific documents, in original form or as certified copies (photocopies will not be accepted), and to conditions as set out

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below. These are in addition to the documents required and the conditions applicable to standard private hire vehicle licensing. 3c.32 The following documentation must be produced prior to licensing:   

Completed importation documentation – a Single Vehicle Approval (SVA) or a Qualified Vehicle Modifier (QVM) certificate; this is issued by the vehicle builder. Public Liability Insurance documentation for a minimum of £5,000,000 and, where drivers other than the proprietor are used, Employer Liability Insurance documentation for a minimum of £1,000,000. Documentation recording the overall weight of the vehicle (as displayed on the vehicle.)

3c.33 The following additional conditions apply:     

The tyres must be of an appropriate weight loading for the limousine, novelty vehicles and vintage vehicles. All front passenger seats must be removed. Standard council plates must be displayed. The sale of alcohol in the vehicle must be covered by a separate licence in accordance with the Licensing Act 2003. Advertising in or on an executive vehicle is prohibited.

3c.34 In addition to stretched limousines, novelty vehicles, e.g. fire engines, and vintage vehicles will also be considered for licensing. Such vehicles do not have to comply with the European Emission Standards or the New Car Assessment Programme rating. Executive vehicles 3c.35 The Council has produced a list of specific vehicles and trim levels as a guide to the type of vehicles that the Council considers appropriate to be licenced as executive vehicles. This list is provided at Appendix K. The list is not exhaustive and each vehicle submitted for licensing will be assessed on its own merits. Applicants considering an alternative type of vehicle to those listed are strongly advised to contact the licensing team in advance of purchasing the vehicle to ensure it is appropriate to licence. 3c.36 Executive vehicles must:       



39

comply with the conditions applicable to standard private hire vehicle licensing be in immaculate condition large enough to carry at least 3 passengers and their luggage have air conditioning or climate control have alloy wheels be maintained to a very high standard only be used for executive service defined as provision of a vehicle for exclusive business to business contracts and not for general private hire use; in this respect, the owner must produce to the Council written confirmation from their private hire operator that the vehicle will only undertake executive work; and after the vehicle has been licenced for 6 months the operator must produce the booking records to demonstrate that the work undertaken has been business to business contracted work, and thereafter at any time upon request.

3c.37 In addition:    

vehicles may have tinted windows but the tint must not be such that you cannot see into the vehicle; the passenger capacity will be restricted to the number of seats for adults; Council executive plates must be displayed; and the sale of alcohol in the vehicle must be covered by a separate licence in accordance with the Licensing Act 2003.

Licence conditions 3c.38 The applicable conditions relevant to a private hire vehicle licence are set out at Appendix C. These conditions are in addition to any matters set out within the main body of the Policy. Main legal requirements 3c.39 Change of proprietor The proprietor must give notice to the Council of any transfer in his interest in the private hire vehicle to a person other than the proprietor whose name is specified in the licence. Such notice must be given, in writing, within 14 days specifying the name and address of the person to whom the vehicle has been transferred. 3c.40 Inspection The proprietor must present their private hire vehicle for inspection/testing by the Council as required, up to a maximum of 3 times per year. 3c.41 The proprietor must provide, on request, the address where the private hire vehicle is kept and allow the Council to inspect/test the vehicle at that address. 3c.42 Accidents The proprietor, notwithstanding their responsibilities under relevant road traffic legislation, must report to the Council any accident as soon as reasonably practicable. However, where the vehicle has suffered accident damage that materially affects the safety, performance or appearance of the vehicle, or the comfort or convenience of fare paying passengers, the driver must notify the Council within 72 hours. 3c.43 Production of documents The proprietor must, on request, produce for inspection the private hire vehicle licence and insurance certificate within 7 days. 3c.44 Return of identification plate Where a licence is revoked, suspended or expires, the proprietor, when required by the Council to do so must return the identification plate within 7 days. 3c.45 Transporting children As a minimum, private hire vehicles must be capable of complying with the requirements set out in the table below.

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Front seat

Rear seat

Who is responsible?

Child up to 3 years

Correct child restrains must be used

Correct child restraint must be used. If a restraint is not available in a licensed hackney carriage or private hire vehicle, the child may travel unrestrained.

Driver

Child from 3rd birthday up to 135 cm in height or 12th birthday, whichever they reach first

Correct child restrains must be used

Where seat belts are fitted, the correct child restraint must be used. The child must use adult belt if the correct child restraint is not available as follows:

Driver

in a licensed hackney carriage or private hire vehicle; or for a short distance in an unexpected necessity; or two occupied child restraints prevent fitting of a third. A child 3 years and over may travel unrestrained in the rear seat of a vehicle if seat belts are not fitted in the rear.

Child over 135 cm in height or 12 or 13 years old

Seat belt must be worn if available*

Seat belt must be worn if available.

Driver

Passengers aged 14 years and over

Seat belt must be worn if available*

Seat belt must be worn iof available.

Passenger

*Vehicles built before 1965 are not required to have fitted seatbelts. 3c.46 Ranks/stands A private hire vehicle must not wait on any rank/stand.

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3d.

PRIVATE HIRE OPERATORS Summary

3d.1

Private hire operators are licensed in accordance with the Local Government (Miscellaneous Provisions) Act 1976. Any person who wishes to take bookings, in the course of a business, for a private hire vehicle must hold a private hire operator licence. Period of licence

3d.2

Operator licences will be issued for an initial probationary period of 1 year and then renewed licences will run for a period of 3 years thereafter. Application process

3d.3

The application form must be fully completed and include all relevant information, supporting documentation and appropriate fee. If any part of the application form is incomplete or the relevant information or supporting documentation is not provided, the applicant will be requested to provide the missing information/documentation and informed that the application will not be processed until such time as all the information/documentation is provided. The full fee for the licence (including the cost of a DBS check, where appropriate) is payable at the time the application is submitted.

3d.4

The application process to licence a private hire operator is the same for a new or renewal application.

3d.5

Any person (including a sole trader, partnership or company) wishing to become a licensed private hire operator must submit:  a completed application form (where the application relates to a partnership or a company, the application form must provide the name, address and date of birth of all partners, directors/company secretaries, as appropriate);  the appropriate licence fee;  a list of the vehicles and drivers which they operate; and  any fleet insurance they hold with an accompanying schedule of vehicles and named drivers disclosed to the insurance company. Criminal record disclosure

3d.6

In addition, all applicants (including sole traders, partnerships and companies) for a private hire operator’s licence must prove that they are a fit and proper person to hold an operator’s licence.

3d.7

Where the applicant already holds a valid drivers licence then no further checks will be undertaken by the Council. However, if a valid driver’s licence is not held and the applicant is either a sole trader or a partnership or company where the partners and directors/company secretaries are directly involved in the management of drivers, they must comply with the following additional requirements:

42

 



Have a satisfactory enhanced DBS check Have a satisfactory check in respect of the enquiries made through Care First (or equivalent), West Mercia Police (or other relevant force), other local authorities and any other organisation, agency or person that the Council has deemed appropriate to seek information from Have two satisfactory references from either professional or business sources (NB The Council will not accept references from family members or, where relevant, the applicant’s future employer)

3d.8

NB For partnerships or companies, the above requirements apply to all partners and directors/company secretaries who are directly involved in the management of drivers. Where there is no direct involvement with the management of drivers, all partners and directors/company secretaries are required to provide a satisfactory basic criminal record disclosure from Disclosure Scotland. Applicants can apply to Disclosure Scotland online at www.disclosurescotland.co.uk or contact them by telephone on 0870 609 6006, by email at [email protected], by fax 0870 609 6996 or in writing to Disclosure Scotland at PO Box 250, Glasgow, G51 1YU.

3d.9

The Council adopts the same principles when determining whether an applicant is a fit and proper person to hold a private hire operator’s licence as it does to persons applying for a drivers licence. In this respect, applicants are required to have due regard, as appropriate, to the requirements and information set out at paragraphs 3a.4 to 3a.16 of the Policy.

3d.10 Persons who have not been resident within the United Kingdom for the five years prior to submitting an application, will be required to produce a certificate of good conduct or equivalent document (at their own cost) issued by the relevant Embassy or High Commission. The certificate must be authenticated, translated and sealed by the Embassy or High Commission. In the event that an applicant is not able to obtain a certificate of good conduct, they may submit a statutory declaration with regard to their conduct, which must be completed in the presence of a practising solicitor. The Council may contact the relevant Embassy, High Commission, solicitor or other appropriate body to verify any documents provided. Proof of a right to work in the United Kingdom will also be required. Contact details for Embassies and High Commissions can be found from the Foreign & Commonwealth Office (FCO) on the GOV.UK website at https://www.gov.uk/government/world. The FCO may be contacted for further assistance by telephone on 020 7008 1500, by email at [email protected] or by post at the FCO, King Charles Street, London, SW1A 2AH. Operator’s premises 3d.11 The Council will not grant an operator’s licence unless the operator can demonstrate to the Council that they have the appropriate planning consent required to operate their business. 3d.12 The Council will only grant operator licences applicable to the physical premises from which the operator’s business will be run. 3d.13 The Council will not grant an operator’s licence to apply to any physical premises that falls out of the administrative area of Shropshire Council. 43

3d.14 There are a number of specific conditions set out in the operator licence conditions that apply to premises. Operators must be particularly mindful of complying with these and should they fail to do so the Council will consider revoking the operator’s licence. Insurance 3d.15 Any premises that provide access to members of the public must be covered by Public Liability insurance for a minimum of £5,000,000. 3d.16 The operator must also obtain information as to any requirement for them to have Employers Liability indemnity; if there is such a requirement, it must be for a minimum of £1,000,000. Record keeping 3d.17 Operators must keep records in accordance with the conditions attached to their licence. Such records must be available upon request from an authorised officer of the Council or a police officer Vehicle not fit for the conveyance of passengers 3d.18 Where an operator has notified the Council that damage has occurred to a vehicle, otherwise than by an accident that has led to the involvement of the relevant insurance company, or an inspection of the vehicle by an officer of the Council has determined that a vehicle is not fit for the purpose of conveying passengers, an authorised officer of the Council will decide if the condition is such that the vehicle may continue in service or not. If not, the Council may at that time suspend the licence and require the proprietor of the vehicle to return the vehicle’s plate to them 72 hours. The suspension will be lifted and the plate returned at such time when the condition of the vehicle is demonstrated, to the satisfaction of the Council, to be fit for conveying passengers. The officer may require the proprietor to arrange for a further MOT test to be undertaken and certificate produced before the vehicle will be permitted to operate; this is at the discretion of the authorised officer. Closed circuit television (CCTV) 3d.19 Operators are permitted to install closed circuit television (CCTV) systems in premises to which the public have access to make bookings or to wait providing such systems are installed in accordance with the appropriate legal framework and the Council has been notified, in writing, of their intention to do so. Licence conditions 3d.20 Applicable conditions relevant to a private hire operator licence are set out at Appendix D. These conditions are in addition to any matters set out within the main body of the Policy.

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Main legal requirements 3d.21 Contract Every contract for the hire of a private hire vehicle is deemed to be made with the operator who accepted the booking for that vehicle whether or not the operator provided the vehicle. 3d.22 Production of records/documents Any records required to be retained in accordance with the licence must be produced, on request, to any authorised officer of the Council or to any police officer. The operator licence must also be produced if requested. 3d.23 Transporting children As a minimum, operators must ensure the vehicles they operate are capable of complying with the requirements set out in the table below. Front seat

Rear seat

Who is responsible?

Child up to 3 years

Correct child restrains must be used

Correct child restraint must be used. If a restraint is not available in a licensed hackney carriage or private hire vehicle, the child may travel unrestrained.

Driver

Child from 3rd birthday up to 135 cm in height or 12th birthday, whichever they reach first

Correct child restrains must be used

Where seat belts are fitted, the correct child restraint must be used. The child must use adult belt if the correct child restraint is not available as follows:

Driver

in a licensed hackney carriage or private hire vehicle; or for a short distance in an unexpected necessity; or two occupied child restraints prevent fitting of a third. A child 3 years and over may travel unrestrained in the rear seat of a vehicle if seat belts are not fitted in the rear. Child over 135 cm in height or 12 or 13 years old

Seat belt must be worn if available*

Seat belt must be worn if available.

Driver

Passengers aged 14 years and over

Seat belt must be worn if available*

Seat belt must be worn iof available.

Passenger

*Vehicles built before 1965 are not required to have fitted seatbelts.

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PART 4 COMPLIANCE, ENFORCEMENT AND COMPLAINTS

46

PART 4 – COMPLIANCE, ENFORCEMENT AND COMPLAINTS Summary 4.0

This part of the Policy sets out the manner in which the Council approaches compliance and enforcement, including the way in which complaints will be dealt with, as it relates to hackney carriage and private hire licensing. Compliance and enforcement

4.1

The Council’s licensing officers will work closely with the hackney carriage and private hire trades to achieve compliance with the relevant legislation and the Council’s conditions of licence. The Council will do so in accordance with the Council’s Better Regulation and Enforcement Policy. In addition, hackney carriage and private hire vehicle drivers and operators must comply with all reasonable requests made by officers of Shropshire Council, Telford and Wrekin Council and the police.

4.2

The Council will work closely with other enforcement authorities, particularly Telford & Wrekin Council, when dealing with licensed and unlicensed vehicles and drivers, especially concerning cross boundary related issues.

Complaints 4.3

47

Where appropriate, complainants will be encouraged to raise complaints with the relevant licence holder or business concerned. However, the Council will also respond to complaints in line with its Better Regulation and Enforcement Policy and will use complaint information to assist in the determination of licensing decisions.

PART 5 CONSULTATION

48

PART 5 – CONSULTATION

To be completed once the policy is approved.

49

PART 6 – LICENSING CONTACT DETAILS

Contact details For information, advice and guidance relating to hackney carriage and private hire licensing please contact: Licensing Public Protection Shropshire Council Abbey Foregate Shrewsbury Shropshire Tel: 0345 678 9026 Email: [email protected]

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APPENDICES

51

APPENDIX A HACKNEY CARRIAGE, PRIVATE HIRE VEHICLE AND JOINT DRIVERS LICENCE CONDITIONS OF LICENCE

52

APPENDIX A HACKNEY CARRIAGE/PRIVATE HIRE VEHICLE DRIVERS LICENCE - CONDITIONS OF LICENCE General 1.0

The list of conditions set out below is not finite. Additional information regarding all aspects of driver licensing is available in Shropshire Council’s Hackney Carriage and Private Hire Licensing Policy. The Policy must be in read in conjunction with the specific conditions set out below. Any legal requirements that apply to the operation of a driver’s licence are regarded as if they are conditions of the licence, whether specifically listed or referred to below or in the policy or not. Where reference is made to legal requirements either in the conditions below or in the Council’s policy, drivers are advised that such references are not exhaustive and it is the driver’s responsibility to ensure they are fully aware of all relevant legal requirements with which they must comply.

1.1

All references to ‘driver’ in the conditions set out below mean a driver who holds a driver’s licence issued by the Council in accordance with the Council’s Hackney Carriage and Private Hire Licensing Policy and relevant legislation. Fit and proper person

1.2

Throughout the currency of the licence, the driver must continue to be a fit and proper person to hold the licence. In this respect, the driver must have due regard to the relevant provisions of the Council’s policy, be aware of the checks that will be undertaken by the Council and act in accordance with the responsibilities that being a fit and proper person would reasonably place on a licensed driver.

1.3

In particular, during the currency of a licence, the driver must notify the Council, in writing, within 72 hours, if:  They receive any warnings, cautions, fixed penalties or driving endorsements;  Are arrested (whether or not charged with an offence);  Are charged with any criminal offence;  Are convicted of any criminal offence; or  Allegations are made of their involvement in criminal activity.

Driver’s badge and licence 1.4

Loss of a driver’s badge must be reported immediately to the Council and the local police. An incident number must be obtained from the police and the number given to the Council. The driver must immediately obtain a new driver’s badge from the Council for which a fee will be charged. If the original badge is then found, it must be returned to the Council.

1.5

Drivers must display a photocopy of their driver’s badge, issued by the Council, on the inside of the windscreen of the vehicle (where the tax disc used to appear) so as to be plainly visible at all times to fare paying passengers.

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Insurance 1.6

It is the responsibility of a driver with a drivers licence to ensure they are correctly insured to drive the vehicle. Conduct

1.7

1.8

54

The driver MUST, at all times, when driving a hackney carriage or private hire vehicle: 

Wear their driver’s badge around their neck using the council issued lanyard and badge holder ensuring that their photograph and licence details are visible.



Be clean and respectable in their dress and person and maintain a high standard of personal hygiene.



Behave in a civil and orderly manner towards all persons including, but not limited to, other road users, pedestrians, customers, the general public, other licensed operators and drivers of hackney carriage and private hire vehicles, police officers, officers and elected members of the Council.



Be courteous to passengers, e.g. greeting passengers and opening vehicle doors on behalf of passengers.



Take all reasonable steps to assist passengers when they are entering or alighting from the vehicle and to convey them, subject to any instructions given by them, to their destination by the shortest practicable route and to ensure their safety.



When requested to do so by a passenger, convey a reasonable amount of luggage and afford reasonable assistance in the loading and unloading of any luggage.



When, having agreed or been hired to attend a specific location at an appointed time with their vehicle, unless delayed/prevented from doing so by some sufficient/reasonable cause, punctually attend at such appointed time and place.



Show due consideration when driving through residential areas.

The driver MUST NOT, at any time, when driving a hackney carriage or private hire vehicle: 

Use offensive, abusive, profane or insulting language or behaviour.



Smoke or permit passengers to smoke in their vehicle.



Without the express permission of the hirer, eat or drink in the vehicle. (Drivers are only permitted to eat or drink in a vehicle when the vehicle is stationery.)



Cause or permit sound emitted from any radio/sound reproducing instrument or equipment in the vehicle to be an annoyance/nuisance to any person, whether inside or outside the vehicle.



Sound their vehicle’s horn to alert passengers of the vehicle’s arrival.



permit persons to be carried in the vehicle unless they have the consent from the person who is actually hiring the vehicle.



allow any persons to drive a vehicle unless they are authorised to do so by the proprietor and hold an appropriate license to do so.



leave their vehicle unattended in any street or public place or venue.



obstruct other drivers/vehicles from undertaking their normal hiring and driving activities. Animals

1.9

When driving a hackney carriage or private hire vehicle, a driver must not carry any animal belonging to them, the proprietor or operator of the vehicle or in their custody whilst fare paying passengers are being conveyed in the vehicle.

1.10

In general the transportation of animals belonging to or in the custody of any fare paying passengers is permitted at the discretion of the vehicle owner/company and if undertaken must be in the rear of the vehicle in the foot well or floor pan of the vehicle.

1.11

However, assistance dogs (unless the driver holds a medical exemption) MUST be transported when requested by a passenger. Drivers MUST NOT impose a charge for carrying assistance dogs. Assistance dogs may be permitted to travel in the front of the vehicle. Medical exemption

1.12

Where a driver is exempt on medical grounds from carrying wheelchair bound passengers or assistance dogs, they must carry the Council issued letter confirming the exemption in the vehicle at all times. Change of particulars

1.13

The driver must notify the Council, in writing, of any change of particulars which may occur during the currency of their licence, including any change of address or change of employer/operator. Any such change must be notified within 14 days. Where a change of address occurs, the driver must also amend the address on their driving licence and produce their driving licence showing the new address to the Council within 7 days of receipt from the issuing body, e.g. DVLA. Both the paper and the plastic photo card licence must be produced. Roof signs

1.14

The driver of a hackney carriage must ensure that the roof signs are maintained and kept in such condition that the information is clearly visible to public view at all times and that the light in

the sign is connected to the meter switch such that the light is switched on when the hackney carriage is available for hire and switched off when the hackney carriage is not available for hire.

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Passengers 1.15

The driver must not convey or permit to be conveyed in a licensed hackney carriage or private hire vehicle a greater number of passengers than the number prescribed in the relevant vehicle licence.

1.16

The driver of the licensed vehicle must only carry one person in the front of the vehicle beside the driver unless the vehicle has been specifically designed to carry more. Transporting children

1.17

Drivers must inform parents/carers that the decision to permit children to travel in the vehicle, without the correctly sized seat restraints (as permitted by relevant legislation) and with the obvious risks associated with such an action, remains with the parent/carer responsible for the children and not with the driver of the vehicle. Lost property

1.18

After fare passengers have alighted from the hackney carriage or private hire vehicle, the driver must, as soon as is practicable, search the vehicle for any property which may have been left. Where such property is found and irrespective of the value, the driver must, if it has not been claimed by or on behalf of the passenger (or their representative) who left it within 24 hours, hand it, in the case of a private hire driver to their operator or in the case of a hackney carriage driver directly to a police station as soon as is practicable. Parking between bookings

1.19

Where drivers, holding a driver’s licence, are driving private hire vehicles in the administrative area of Telford & Wrekin Council they must, as soon as they have dropped passengers at their required destination and unless they are returning to a location within the administrative area of Shropshire Council or prevented from doing so by another booking, return to approved parking areas as detailed in the ‘approved list’ referred to in the current Telford & Wrekin Council’s Hackney Carriage and Private Hire Licensing Policy.

1.20

Where drivers are driving in the Council’s area, they must as soon as they have dropped passengers at their required destination and unless prevented from doing so by another booking, return to a suitably safe place to park. Meters

1.21

Where taximeters are fitted to vehicles, the driver must not cause the fare recorded thereon to be cancelled or concealed until the hirer has had an opportunity to examine the meter and has paid the fare (or credit has been given).

1.22

The driver must ensure:   

56

the meter is sufficiently illuminated so that when it is in use it is visible to all passengers; the meter is used for the whole of any journey; the fare or charge is calculated from the point at which the hirer commences the journey and does not exceed that displayed on the meter on the completion of such journey;

 

the meter is only brought into action at the commencement of the hirer’s journey; and the correct tariff for that journey is displayed.

Fares 1.23

The driver must not demand from the hirer a fare in excess of any fare previously agreed between the operator and the hirer, or if the vehicle is fitted with a taximeter and no previous agreement as to the fare, the fare shown on the face of the taximeter.

1.24

The driver must, if requested by a fare paying passenger, provide a written receipt for any fare paid. Identification plates

1.25

Drivers must not cause or suffer any vehicle plate to be concealed from public view whilst the vehicle is being used for hackney carriage or private hire purposes. Condition of vehicle

1.26

A driver must not drive a licensed vehicle if he has reason to believe that the vehicle is in an unsafe, dangerous or illegal condition. He is advised to inform the operator or proprietor of the vehicle immediately of any defect arising in the vehicle whilst under his control. Accidents

1.27

The driver must, notwithstanding their responsibilities under relevant road traffic legislation, report to the operator or proprietor any accident involving a hackney carriage or private hire vehicle under their control as soon as is practicable. However, where the vehicle has suffered accident damage that materially affects the performance or appearance of the vehicle, or the comfort or convenience of fare paying passengers, the driver must notify the operator or proprietor within 72 hours. Complaints

1.28

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A driver must advise passengers of their right to refer any complaint to the Council.

APPENDIX B HACKNEY CARRIAGE VEHICLE LICENCE CONDITIONS OF LICENCE

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APPENDIX B HACKNEY CARRIAGE VEHICLE LICENCE - CONDITIONS OF LICENCE General 1.1

The list of conditions set out below is not finite. Additional information regarding all aspects of hackney carriage licensing is available in the Council’s Hackney Carriage and Private Hire Licensing Policy. The Policy must be in read in conjunction with the specific conditions set out below. Any legal requirements that apply to the operation of a hackney carriage licence are regarded as if they are conditions of the licence, whether specifically listed or referred to below or in the policy or not. Where reference is made to legal requirements either in the conditions below or in the Council’s policy, proprietors are advised that such references are not exhaustive and it is the proprietor’s responsibility to ensure they are fully aware of all relevant legal requirements with which they must comply. Test requirements

1.2

All vehicles must meet the Council’s safety and fitness test requirements. Where a vehicle is the subject of any test during the application process or during the currency of any licence and it is determined that the vehicle is not fit for the purpose of conveying passengers the proprietor must notify the Council as soon as is reasonably practicable, and in any case within 72 hours of the occurrence. LPG converted vehicles

1.3

The proprietor must notify the Council, within 7 days, of any LPG conversion and provide the LPG Association Conversion certificate. External vehicle licence plates

1.4

The external plates (front and rear) identifying the vehicle as a hackney carriage as issued by the Council and required to be exhibited on the vehicle pursuant to Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 must be:    

securely fixed to the outside front and rear of the vehicle in a conspicuous position; maintained, kept clean and in such a condition that the information on the plates is clearly visible to the public at all times; displayed at all times and in such a manner as to be easily removable by an authorised officer of the Council or a police officer; returned to the Council within 7 days of revocation or expiry (if not renewed) of the vehicle’s licence; where the licence is suspended, be returned if required.

1.5

At no time, during the currency of the vehicle licence, is it permitted for the licence plates to be removed from the licensed vehicle.

1.6

Any existing licence plates must be returned to the Council before new licence plates for a vehicle will be issued; this includes transfers.

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1.7

In addition, a proprietor or driver of a hackney carriage must not sell, transfer or otherwise dispose of the vehicle plates separately from the vehicle in respect of which they have been issued, nor permit such plates to be sold transferred or otherwise disposed of. Internal plates

1.8

Internal plates must be securely fixed in the front windscreen on the passenger side of the vehicle where the tax disc used to appear in saloon type vehicles or on the partition for purpose built vehicles where a partition is fitted. Interior markings

1.9

The proprietor must clearly mark and maintain inside the vehicle, in such a position as to be clearly visible at all times;  the maximum number of persons licensed to be conveyed therein;  the hackney carriage licence number;  contact details (telephone number and email address) for reporting complaints to the Council;  a ‘No Smoking’ sign; and  a sign (the relevant nationally recognised symbol) confirming that the taxi is wheelchair accessible and caters for the needs of the disabled Advertising

1.10

Proprietors must obtain approval from the Council prior to carrying advertisements on their hackney carriage.

1.11

Materials that are used for advertisements must be of a quality not easily defaced, soiled or detached.

1.12

Reflective material must not be used.

1.13

Advertising signs must not be illuminated.

1.14

Advertisements may be affixed directly onto the exterior and/or internal body of the vehicle in such a position as not to obscure Council issued plates and all other required signs.

1.15

Advertisements must comply with the relevant conditions set out in the Council’s Policy. Closed circuit television (CCTV)

1.16

Proprietors wishing to install closed circuit television (CCTV) in their hackney carriage must notify the Council, in writing, of their intention to do so.

1.17

The CCTV system must be installed in accordance with the appropriate legal framework.

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Trailers 1.18 Proprietors must ensure any trailer:  is inspected annually with the vehicle to which it relates;  has a plate that relates to the towing vehicle(s); and  complies with the relevant conditions set out in the Council’s Policy. Ranks and order of working 1.19

On arriving at a rank/stand not already fully occupied by other hackney carriages, the driver must:  park the vehicle immediately behind the vehicle(s) on the stand so as to face in the same direction; and  when the vehicle(s) immediately in front are driven off or move forward must cause the vehicle to be moved forward so as to fill the place previously occupied by the vehicle that has driven off or moved forward; and  where the rank/stand is fully occupied at the time the driver arrives, the driver must proceed to an alternative rank/stand. Taximeters

1.20

When the machinery of the taximeter is in action there must be recorded on the face of the taximeter in figures clearly legible and free from ambiguity, a fare not exceeding the rate of fare which the proprietor or driver is entitled to demand and take for the hire of the vehicle by distance.

1.21

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

1.22

The taximeter must be set to reflect the current table of fares approved by the Council, or to an alternative table of fares that is in all cases lower than the Council approved table. Where the meter is set to an alternative table that table must be prominently displayed in addition to the approved table. A lesser fare than that shown on the taximeter at the end of a journey may be charged.

1.23

When hired, a taximeter must be used for the whole of any journey. Roof signs

1.24

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All vehicles are required to display a white roof sign bearing the words TAXI on the front and rear in uppercase black lettering of a minimum height of 79mm, width 50mm, stroke width 14mm and spacing between lettering of 11mm. The light in the sign must be connected to the meter switch such that the light is switched on when the hackney carriage is available for hire and switched off when the hackney carriage is not available for hire. The sign must be permanently mounted on the roof of the vehicle except in respect of purpose built taxis.

Change of address 1.25

The proprietor of a licensed hackney carriage must notify the Council, in writing, of any change of their address during the period of the hackney carriage licence within 7 days of such a change taking place. MOT

1.26

The vehicle must have a valid MOT throughout the licence period. Insurance

1.27

Satisfactory evidence must be produced that there is in force, for the use of the vehicle, a policy of insurance covering the carriage of passengers for hire or reward or such security as complies with the requirements of Part VI of the Road Traffic Act 1988.

1.28

The proprietor must ensure that at all times a list is maintained of all licensed drivers authorised under the policy to drive the vehicle and must make such a list available to an authorised officer of the Council or a police officer at all reasonable times, when so required. Vehicle Excise Duty (Road Tax)

1.29

The vehicle must have valid Road Tax throughout the licence period. Fare card

1.30

A copy of the Council’s current table of fares must be kept, maintained and clearly displayed in the vehicle at all times in the location provided by the manufacturers of the vehicle or in accordance with any instructions given by an authorised officer. Alterations to vehicles

1.31

No material alteration or change in the mechanical or structural specification, design, condition or appearance of the vehicle shall be made at any time without the prior approval of the Council. Inspection/examination

1.32

The proprietor must permit any authorised officer of the Council or any police officer, at all reasonable times, to inspect and examine the vehicle and to request driver identification and insurance details. A drivers badge, certificate of insurance and MOT must be produced either during the inspection/examination or to an officer of the Council or police officer within 5 days. Convictions

1.33

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The proprietor or where the proprietor is a partnership or a company, all partners or directors/company secretaries, as appropriate, during the period of the licence must, within 72 hours, disclose to the Council, in writing, if:

 They receive any warnings, cautions, fixed penalties or driving endorsements;  Are arrested (whether or not charged with an offence);  Are charged with any criminal offence;  Are convicted of any criminal offence; or  Allegations are made of their involvement in criminal activity.

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APPENDIX C PRIVATE HIRE VEHICLE LICENCE CONDITIONS OF LICENCE

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APPENDIX C PRIVATE HIRE VEHICLE LICENCE - CONDITIONS OF LICENCE

General 1.0

The list of conditions set out below is not finite. Additional information regarding all aspects of private hire licensing is available in the Council’s Hackney Carriage and Private Hire Licensing Policy and this must be in read in conjunction with the specific conditions set out below. Any legal requirements that apply to the operation of a private hire licence are regarded as if they are conditions of the licence, whether specifically listed below or in the policy or not. Where reference is made to legal requirements either in the conditions below or in the Council’s policy, proprietors are advised that such references are not exhaustive and it is the proprietor’s responsibility to ensure they are fully aware of all relevant legal requirements with which they must comply. Test requirements

1.2

All vehicles must meet the Council’s safety and fitness test requirements. Where a vehicle is the subject of any test during the application process or during the currency of any licence and it is determined that the vehicle is not fit for the purpose of conveying passengers the proprietor must notify the Council as soon as is reasonably practicable, and in any case within 72 hours of the occurrence. LPG converted vehicles

1.3

The proprietor must notify the Council, within 7 days, of any LPG conversion and provide the LPG Association Conversion certificate.

External vehicle licence plates 1.4

The external plates (front and rear) identifying the vehicle as a private hire vehicle as issued by the Council and required to be exhibited on the vehicle pursuant to Section 47 of the Local Government (Miscellaneous Provisions) Act 1976 shall be:  securely fixed to the outside front and rear of the vehicle in a conspicuous position;  maintained, kept clean and in such a condition that the information on the plates is clearly visible to the public at all times;  displayed at all times and in such a manner as to be easily removable by an authorised officer of the Council or a police officer;  returned to the Council within 7 days of revocation or expiry (if not renewed) of the vehicle’s licence; where the licence is suspended, be returned if required.

1.5

AND at no time, during the currency of the vehicle licence, is it permitted for the licence plates to be removed from the licensed vehicle.

1.6

Any existing licence plates must be returned to the Council before new licence plates for a vehicle will be issued; this includes transfers.

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Internal signage 1.7

Plate The internal plate must be securely fixed in the front windscreen on the passenger side of the vehicle where the tax disc used to appear in saloon type vehicles or on the partition for purpose built vehicles where a partition is fitted.

1.8

Interior markings The proprietor must clearly mark and maintain inside the vehicle, in such a position as to be clearly visible at all times;  the maximum number of persons licensed to be conveyed therein;  the private hire vehicle licence number;  contact details (telephone number and email address) for reporting complaints to the Council; and  a ‘No Smoking’ sign.

1.9

In addition, signs indicating pre-payment only between the hours of 1900 to 0700 are permitted. Advertising

1.10

Proprietors must obtain approval from the Council prior to carrying advertisements on their private hire vehicle.

1.11

Materials that are used for advertisements must be of a quality not easily defaced, soiled or detached.

1.12

Reflective material must not be used.

1.13

Advertising signs must not be illuminated.

1.14

Advertisements may be affixed directly onto the exterior and/or internal body of the vehicle in such a position as not to obscure Council issued plates and all other required signs.

1.15

Advertisements must comply with the relevant conditions set out in the Council’s Policy.

1.16

Private hire vehicles are prohibited from displaying the words ‘taxi’ or ‘cab’ in the singular or plural or the word ‘hire’ unless the word ‘hire’ forms part of the relevant company name or any word or similar meaning or appearance to any of these words, whether alone or as part of another word. Closed circuit television (CCTV)

1.17

Proprietors wishing to install closed circuit television (CCTV) in their private hire vehicle, must notify the Council, in writing, of their intention to do so.

1.18

The CCTV system must be installed in accordance with the appropriate legal framework. Trailers

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1.19 Proprietors must ensure any trailer:  is inspected annually with the vehicle to which it relates;  has a plate that relates to the towing vehicle(s); and  complies with the relevant conditions set out in the Council’s Policy. Meters 1.20

Whilst the fitting of meters is not mandatory in private hire vehicles, if meters are fitted, then the following conditions apply:  When the machinery of the meter is in action there must be recorded on the face of the meter in figures clearly legible and free from ambiguity, a fare not exceeding the rate of fare which the proprietor or driver is entitled to demand and take for the hire of the vehicle by distance.  The meter must be so placed that all the letters and figures on the face thereof shall be at all times plainly visible to any person being conveyed in the vehicle and for that purpose the letters and figures must be capable of being illuminated during any period of hiring.  The meter must be set to reflect the current table of fares approved by the Council, or to an alternative table of fares that is in all cases lower than the Council approved table. Where the meter is set to an alternative table that table must be prominently displayed in addition to the approved table. A lesser fare than that shown on the taximeter at the end of a journey may be charged.  When hired, a meter must be used for the whole of any journey. Signs

1.21

Private hire vehicles must not display a roof sign.

1.22

All vehicles (with the exception of executive vehicles as referred to in paragraph 3c.30 to 3c.32) must display Council issued signs (side plates) on the upper portion of the front driver door and the front passenger door of the vehicle using the adhesive backed signs provided. These signs will carry the Council logo, PHV licence number and the words ‘Prebooked Only’. The signs must be kept intact, clean and firmly attached to the vehicle doors as described above. The use of magnetic panels is prohibited. The removal of the signs is prohibited whilst the vehicle is licensed by Shropshire Council. In the event that a side plate is lost it is the responsibility of the proprietor of the vehicle to notify the Council within 72 hours and to obtain a replacement sign. Change of proprietor/address

1.23

Any change in the proprietor of a private hire vehicle or the proprietor’s address must be notified to the Council, in writing, during the period of the licence within 7 days of such change taking place by the proprietor. MOT

1.24 67

The vehicle must have a valid MOT throughout the licence period.

Insurance 1.25

Satisfactory evidence must be produced that there is in force, for the use of the vehicle, a policy of insurance covering the carriage of passengers for hire or reward or such security as complies with the requirements of Part VI of the Road Traffic Act 1988.

1.26

The proprietor must ensure that at all times a list is maintained of all licensed drivers authorised under the policy to drive the vehicle and must make such a list available to an authorised officer of the Council or a police officer at all reasonable times, when so required. Vehicle Excise Duty (Road Tax)

1.27

The vehicle must have valid Road Tax throughout the licence period. Alterations to vehicles

1.28

No material alteration or change in the mechanical or structural specification, design, condition or appearance of the vehicle is permitted without the written approval of the Council. Damage to vehicles

1.29

Notification must be given by the proprietor to the Council as soon as reasonably practicable and in any case within 72 hours of the occurrence of any accident/damage to the vehicle that materially affects the safety, performance or appearance of the vehicle, or the comfort or convenience of persons carried therein. Inspection/examination

1.30

The proprietor must permit any authorised officer of the Council or any police officer, at all reasonable times, to inspect and examine the vehicle and to request driver identification and insurance details. A drivers badge, certificate of insurance and MOT must be produced either during the inspection/examination or to an officer of the Council or police officer within 5 days. Convictions

1.31

The proprietor or where the proprietor is a partnership or a company, all partners or directors/company secretaries, as appropriate, during the period of the licence must, within 72 hours, disclose to the Council, in writing, if:  They receive any warnings, cautions, fixed penalties or driving endorsements;  Are arrested (whether or not charged with an offence);  Are charged with any criminal offence;  Are convicted of any criminal offence; or  Allegations are made of their involvement in criminal activity.

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APPENDIX D PRIVATE HIRE OPERATOR LICENCE CONDITIONS OF LICENCE

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APPENDIX D PRIVATE HIRE OPERATOR LICENCE - CONDITIONS OF LICENCE General 1.0

The list of conditions set out below is not finite. Additional information regarding all aspects of private hire operator licensing is available in the Council’s Hackney Carriage and Private Hire Licensing Policy and this must be in read in conjunction with the specific conditions set out below. Any legal requirements that apply to the operation of a private hire operator licence are regarded as if they are conditions of the licence, whether specifically listed below or in the policy or not. Where reference is made to legal requirements either in the conditions below or in the Council’s policy, operators are advised that such references are not exhaustive and it is the operator’s responsibility to ensure they are fully aware of all relevant legal requirements with which they must comply. Fit and proper person

1.1

Throughout the currency of the licence, the operator must be a fit and proper person to hold the licence. In this respect, the operator must have due regard to the relevant provisions of the Council’s policy, be aware of the checks that will be undertaken by the Council and act in accordance with the responsibilities that being a fit and proper person would reasonably place on an operator. Employment of private hire drivers and other staff

1.2

An operator must not employ or be employed by, engage in partnership with, or allow any involvement in the management of the licensed operation any person who would not satisfy the Council’s ‘fit and proper person’ test referred to in paragraphs 3a.4 to 3a.16 of this Policy.

1.3

An operator is deemed to be responsible for the actions of any manager, supervisor or any other person appointed to run or play any part in the management of the private hire operator’s business.

1.4

For each private hire driver that an operator intends to use, the operator must examine the private hire driver’s licence, issued by the Council, and ensure it is valid prior to agreeing to their employ. In addition, an operator must ensure that each driver’s licence is lodged with the private hire operator’s business before the driver is employed to carry out private hire work and must retain the licence in their possession for the period during which the driver remains in their employ.

1.5

When a driver or vehicle operator leaves the employ of an operator, the operator must return the driver’s licence unless the licence holder has been guilty of misconduct in which case the operator may retain the licence and must issue a summons to have the cause of complaint determined by the Courts. (Note: If the Courts find that the licence has been improperly retained they have the powers to order its return and to award compensation.)

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1.6

An operator must ensure all private hire drivers and employees are made aware of and fully understand the meaning of ‘plying for hire’ and, in particular, that private hire drivers are NOT permitted to ‘ply for hire’ under any circumstances. The Council’s interpretation of ‘plying for hire’ is set out at Appendix E and is based on relevant legislation and case law.

1.7

An operator must ensure that all private hire drivers and employees are made aware of and fully understand their responsibilities under the Criminal Justice and Public Order Act 1994 with respect to touting. Display of licence

1.8

Operators must display their private hire operator licence in a prominent position at any premises from where they operate and make available for inspection by members of the public if requested:  a copy of their private hire operator conditions; and  the conditions applicable to private hire vehicles, hackney carriages and drivers licences, whichever are applicable Insurance

1.9

Operators must ensure that at all times there is in force, for all private hire vehicles operated, a policy of insurance covering the carriage of passengers for hire or reward or such security as complies with the requirements of Part VI of the Road Traffic Act 1988.

1.10

Any premises that provide access to members of the public must be covered by Public Liability insurance for a minimum of £5,000,000. The operator must also obtain information as to any requirement for them to have Employers Liability indemnity; if there is such a requirement it must be for a minimum of £1,000,000. Transporting children

1.11

Operators must take steps to ensure their drivers understand and inform parents/carers that the decision to permit children to travel in the vehicle, without the correctly sized seat restraints (as permitted by relevant legislation) and with the obvious risks associated with such an action, remains with the parent/carer responsible for the children and not with the driver of the vehicle. Operator’s premises

1.12

All private hire bookings taken by the operator must be received at and drivers of private hire vehicles instructed to fulfil bookings from within the physical premises (which must be located within the Shropshire Council administrative area) to which the licence is applicable. Under no circumstances is an operator permitted to receive bookings or instruct drivers to fulfil bookings from any premises other than the premises referred to in their licence and which is physically located within the Shropshire Council administrative area.

1.13

All records that may be required to be retained by the operator must be held within these same physical business premises for inspection by an officer of the Council or a police officer. This is required even where the home or registered office address of the

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operator is also recorded within the licence as a separate address. Standards of service 1.14

The operator must provide prompt, efficient and reliable service to members of the public at all reasonable times and for this purpose must in particular:  

Provide adequate telephone facilities and staff. Ensure that when a private hire vehicle has been hired to be in attendance at an appointed time and place, the vehicle shall, unless delayed or prevented by sufficient cause, punctually attend at that appointed time and place.  Where a waiting area or room is provided to which the public has access for the purposes of booking or waiting, must ensure that the area/room is:  kept in a good state of repair (interior and exterior);  kept clean, adequately heated, ventilated and lit;  has adequate seating facilities;  kept physically separated from any driver rest areas and radio operations rooms; and  arranged in such a manner that staff, drivers and vehicle proprietors do not congregate within such areas  Ensure that any telephone facilities and radio equipment (for which an OFCOM Radio Licence may be required) are maintained in a sound condition and that any defects are repaired promptly.

Taking bookings and retaining records 1.15

An operator accepting a booking remains liable for that booking, even if they subcontract it to another operator. If a booking is sub-contracted to a second operator, this operator must also be licensed by the Council.

1.16

An operator must make all reasonable provision that the booking system they have in place works effectively and that it enables any bookings that they accept to be honoured.

1.17

An operator must monitor the booking system to ensure that drivers and vehicles are available to fulfil the arrangements that are agreed with customers.

1.18

Immediately prior to the commencement of each journey, an operator licensed with the Council must keep records of any booking they accept. Such records must be kept either in a ledger with consecutively numbered pages, on individual consecutively numbered record slips, or in electronic format such as a computer database/spreadsheet. Where the records are kept electronically, they must be in an identifiable and secure format and must be capable of being reproduced in printed format at the request of an authorised officer of the Council or a police officer. Irrespective of the format of the records, all such records must be available at all reasonable times to an authorised officer of the council or to any police officer for inspection.

1.19 The following particulars must be recorded: a) time and date of each booking 72

b) c) d) e) f) g) h)

name of the hirer how the booking was made (telephone, in person, etc) time, date and place of pickup destination of the hirer call sign or registration number of the vehicle used for each booking proper name of the driver allocated to the booking any other comments relevant to the booking, including details of specific instructions from the hirer or sub-contracting arrangements with another operator

Records of vehicles and drivers 1.20

The operator must keep and maintain at their licensed premises up to date records of the particulars of all their drivers and vehicles whether or not the vehicle is owned by the operator. The records to be kept must include: a) private hire vehicle or hackney carriage vehicle licence plate numbers; b) vehicle descriptions (make/model) and vehicle registration numbers; c) where relevant, any radio or computer call sign used to identify vehicles or drivers; d) names and addresses of the proprietors of each vehicle; e) names and addresses of the private hire and hackney carriage drivers used; f) copies of the private hire and hackney carriage drivers licences, issued by the Council, relating to the drivers in their employ; g) drivers licence numbers (badge number) of the private hire and hackney carriage drivers relating to the drivers in their employ; h) copies of current/valid insurance documents for all vehicles.

1.21

An operator must notify the Council within 72 hours when any vehicle or driver ceases or commences in their employ. Any other changes relating to licensed vehicles and drivers must be notified to the Council within 7 days.

1.22

An operator must notify the Council, within 7 days, of any change of address relating to any driver or vehicle proprietor they employ or allow to operate within the business.

1.23

An operator must provide to the Council a complete and up to date list of all drivers and vehicles employed by the business when requested to do so by an officer of the Council.

Retention of records 1.24

All records kept by the operator under sections 1.15 to 1.23 above must be retained for a period of not less than 6 months for licensing purposes. Other legislation may require records to be kept for a longer period.

Change of operator address 1.25 73

The operator must, within 7 days, disclose to the Council, in writing, any change in their

home address. 1.26

An operator must not commence operating from a new address without first consulting the Council as to the legal requirements of such a change of address.

1.27

An operator must notify the Council, in writing, of the sale of their business within 7 days of such an event taking place. Vehicles which may lawfully be used

1.28

An operator, licensed by the Council under the provisions of section 55 of the Local Government (Miscellaneous Provisions) Act 1976, must only use private hire vehicles that are licenced by the Council. Drivers who may lawfully be used

1.29

An operator, licensed by the Council under the provisions of section 55 of the Local Government (Miscellaneous Provisions) Act 1976, must only use drivers who hold a valid private hire vehicle drivers licence issued by the Council to drive a vehicle that the operator is using as a private hire vehicle. Complaints

1.30

Operators must set up an effective internal complaints procedure to deal with complaints made by the public against the business, vehicle proprietors and/or drivers. Wherever possible, the procedure must be set up in such a way that complaints are dealt with by the operator or a member of staff not directly connected with the taking of private hire bookings or the despatching of drivers and vehicles. An operator must monitor and review the complaints procedure to ensure it is operating effectively and make changes where necessary to ensure continued effectiveness.

1.31

Operators must ensure that all complaints received are properly recorded. This must include details of the booking (who accepted it on behalf of the business), vehicle details and driver details together with all information relating to any action taken. Records must be made in a book/diary with consecutively numbered pages or in an appropriate electronic format. Where the records are kept electronically, they must be in an identifiable and secure format and must be capable of being reproduced in printed format at the request of an authorised officer of the Council or a police officer. Complaint records must be made available, upon request, to any authorised officer of the Council or police officer and may be used to assist officers in the investigation of complaints.

1.32

The operator must on receipt of a complaint concerning a private hire contract, or purported contract, relating to, or arising from their business, immediately notify the complainant of their right to forward their complaint to the Council.

1.33

The operator or an appointed representative from within the business must immediately investigate any complaint. The complainant must be kept informed and the outcome of the complaint must be notified, within a reasonable time, to both the complainant and the Council.

1.34

Where a complaint is received by the Council, the operator must comply with any reasonable request for information and/or follow any reasonable directions/instructions

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made by an authorised officer or police officer in respect of the complaint. Use of the words ‘taxi’, ‘cab and ‘hire’ in advertisements 1.35

No operator shall cause or permit any advertisement in respect of their business on their private hire vehicles used for that purpose or any other advertising medium (e.g. newspapers and billboards) the words ‘taxi’ or ‘cab’ in the singular or plural or hire unless the word ‘hire’ forms part of the company name or any word or similar meaning or appearance to any of these words, whether alone or as part of another word. Closed circuit television (CCTV)

1.36

Operators wishing to install closed circuit television (CCTV) in premises where passengers have access to make bookings or wait must notify the Council, in writing, of their intention to do so.

1.37

The CCTV system must be installed in accordance with the appropriate legal framework. Lost Property

1.38

Where licensed drivers of private hire vehicles have handed property belonging to passengers to their operator or an operator finds such property themselves, they must hand it into the police, irrespective of value.

1.39

Operators must keep and maintain at their licenced premises a record of lost property detailing the date and time, the item found, the vehicle details and action taken to return the item to the rightful owner or to the police. Damage to vehicles

1.40

Operators must, irrespective of their responsibilities under road traffic legislation, notify the Council as soon as is reasonably practicable and in any case within 72 hours of the occurrence of any accident/damage to a private hire vehicle under their control that materially affects the safety, performance or appearance of the vehicle, or the comfort or convenience of persons carried therein. Convictions

1.41

The operator or where the operator is a partnership or a company, all partners or directors/company secretaries, as appropriate, during the period of the licence must, within 72 hours, disclose to the Council, in writing, if:  They receive any warnings, cautions, fixed penalties or driving endorsements;  Are arrested (whether or not charged with an offence);  Are charged with any criminal offence;  Are convicted of any criminal offence; or  Allegations are made of their involvement in criminal activity.

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APPENDIX E PLYING FOR HIRE

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APPENDIX E PLYING FOR HIRE 1.0

Only licensed hackney carriages are permitted to ply for hire. It is ILLEGAL for a private hire vehicle to ply for hire. This means: a) Private hire vehicles MUST NOT carry passengers if the journey has not been prebooked with a private hire operator by the passenger. b) All private hire vehicle journeys MUST be pre-booked through a licensed private hire operator. c) All bookings MUST be made by prospective passengers themselves directly with a private hire operator who will despatch the vehicle. Prospective passengers may instruct a third party, e.g. a restaurant manager, to make a booking on their behalf but this third party MUST NOT be the private hire vehicle driver. d) A driver of a private hire vehicle is NOT permitted to make the booking on behalf of a prospective passenger. e) Private hire operators MUST NOT accept any booking made by a driver on behalf of a passenger. f) Private hire vehicle drivers are NOT permitted to make their vehicles available for immediate hire. This means that private hire vehicle drivers MUST NOT physically position their vehicles in such a way as to be waiting in any area that is on view to the public to invite custom, e.g. allowing prospective customers to approach the vehicle and ask, ‘Are you free?’ g) In most cases, the vehicle will not be insured during a journey that has not been correctly pre-booked. h) Private hire vehicles MUST NOT wait at any taxi rank/stand. i) Private hire vehicle MUST NOT be hailed in the street.

1.1

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Further information about the relevant legislation is available in the Town Police Clauses Act 1847, in particular Section 45, and in Part II of the Local Government (Miscellaneous Provisions) Act 1976, in particular Section 64.

APPENDIX F RELEVANCE OF CRIMINAL CONVICTIONS AND CAUTIONS

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APPENDIX F RELEVANCE OF CRIMINAL CONVICTIONS AND CAUTIONS Introduction 1.1

The purpose of this appendix is to provide additional guidance to assist determine whether or not an applicant or an existing licence holder is a fit and proper person to hold a hackney carriage and/or private hire vehicle drivers and/or an operator licence as it relates specifically to convictions and cautions.

1.2

The guidance has been produced to assist the Council in its decision-making and to maintain the consistency of the decisions made. It has also been formulated to provide clearer information to current and potential applicants, with a view to minimising the cost and time spent on the licensing process by both the Council and the applicant.

1.3

The aim of the guidance is not to punish the applicant twice for a conviction or caution but to ensure that public safety is not compromised. The Council cannot review the merits of any conviction.

1.4

Each case is to be decided on its own individual merits and, where the circumstances demand, the decision making body may depart from the guidance in which case the reasons for this will be made clear. Legislation

1.5

Sections 51, 55 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 sets out that the Council must not grant a driver’s licence or an operator’s licence unless they are satisfied that the person is a fit and proper person to hold such a licence.

1.6

Sections 61 of the Local Government (Miscellaneous Provisions) Act 1976 allows the Council to suspend, revoke or refuse to renew a driver’s licence if they have, since the grant of the licence, been convicted of an offence involving dishonesty, indecency or violence; or been convicted of an offence under or failed to comply with the provisions of the Town Police Clauses Act 1847 or Part II of the Local Government (Miscellaneous Provisions) Act 1976; or any other reasonable cause.

1.7

Sections 62 of the Local Government (Miscellaneous Provisions) Act 1976 allows the Council to suspend, revoke or refuse to renew an operator’s licence if they have committed any offence under, or failed to comply with, the provisions of Part II of the Act; where any conduct appears to render the operator unfit to hold a licence; any material change since the licence was granted in any of the circumstances of the operator on the basis of which the licence was granted; or any other reasonable cause.

1.8

Therefore, the wording of the legislation makes it clear that the Council may grant a licence ONLY if it is satisfied that the person is fit and proper; the onus is on the applicant to prove this, NOT the Council to demonstrate that they are not.

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Defining a ‘fit and proper person’ 1.9

There is no legal definition as to what definitively constitutes a ‘fit and proper person’. However, because of the potentially vulnerability of the passengers that drivers and operators may come into contact with, e.g. elderly people, unaccompanied children, the disabled, those who may have consumed excessive quantities of alcohol, lone females and foreign visitors, it is incumbent on the Council to take a very robust stance when deciding whether or not a person is fit and proper to hold a licence granted by the Council.

1.10

In essence, a fit and proper person will be: 





 

Honesty and trustworthy - drivers and operators have, for example, access to a large amount of personal information that could be misused and significant opportunities to defraud drunken, vulnerable or foreign people or to steal property left in cars. Not abusive, violent or threatening – abusive, violent or threatening behaviour is not acceptable conduct on the part of a driver/operator even when they are subjected to unpleasant or dishonest passenger behaviour. A competent and safe driver - they are expected to be professional drivers and must be fully aware of all road traffic legislation, conditions attached to their driving licence, the safety of their passengers and the safety of their vehicles at all times; passengers rely on their driver to get them to their destination safely and using the most direct route, therefore, a good knowledge of the area that they are working in is also appropriate. Able to communicate effectively with passengers – in the main this means able to read, speak, write and understand English. In good physical and mental health – to ensure they do not put passengers at risk through, for example, suffering a heart attack whilst conveying passengers.

The Council’s approach when considering convictions 1.11

The disclosure of any convictions or cautions will not necessarily mean an applicant is not a fit and proper person and, therefore, automatically prevented from being issued a licence. However, the Council will have regard to all convictions, spent or live, and they will be assessed accordingly. Consideration will be given, but not restricted to, the following:          

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How relevant the offence(s) are to the licence being applied for. How serious the offence (s) were. When the offence(s) were committed. The date of conviction. Circumstances of the individual concerned. The extent of any mitigating factors. Sentence imposed by the court. Whether the offence(s) form part of a pattern of offending or indicate a pattern of unacceptable behaviour. Any other character check considered reasonable, e.g. personal references. Any other factor that may be relevant.

1.12

AND to guide the Council’s consideration, the implications of the answer to the following question will also be applied: 

Would I allow my daughter or son, granddaughter or grandson, spouse, mother or father, or any other person I care for or any vulnerable person I know, to get into a vehicle with this person alone?

1.13

If the Council has any doubts as to the fitness of an applicant/existing licenced driver, then an application must be refused or licence suspended/revoked until those doubts can be effectively allayed through the provision of further adequate evidence.

1.14

If the applicant or holder of a licence has notified the Council of a conviction but is appealing against it to a higher court the matter will be referred to the Licensing Panel or the Licensing & Safety Sub-committee for a decision as to whether the licence ought to be suspended until such an appeal is heard.

Patterns of behaviour 1.15

A series of offences or a pattern of behaviour/conduct over a period of time is more likely to give cause for concern than an isolated conviction/incident. However, that is not to say that an isolated conviction/incident cannot give cause for concern in its own right, particularly where it relates to a serious matter. In such circumstances, the Council will give significant consideration to refusing to grant a licence or to suspending and/or revoking an existing licence.

1.16

A serious view will always be taken where an applicant shows any tendency towards criminal and/or unacceptable/inappropriate behaviour patterns. In such instances, the Council is unlikely to consider such an applicant/existing licence holder to be a fit and proper person to hold a licence and will give significant consideration to refusing to grant a licence or to suspending/revoking an existing licence. Rehabilitation periods

1.17

Detailed guidance (effective March 2014) on the Rehabilitation of Offenders Act 1974 is available on the GOV.UK website at https://www.gov.uk/government/publications/new-guidance-on-the-rehabilitation-ofoffenders-act-1974

1.18

A person with a conviction for an offence need not be automatically barred from obtaining a licence. However, they would be expected to remain free of conviction for an appropriate period of time (as set out in Tables A and B below) and demonstrate adequate evidence that they are a fit and proper person to hold a licence. The onus is on the person to produce such evidence. NB Simply remaining free of conviction will not generally be regarded as adequate evidence that a person is a fit and proper person.

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Table A Sentence Custodial sentence* of over 48 months, or a public protection sentence** Custodial sentence* of over 30 months and up to and including 48 months Custodial sentence* of over 6 months and up to and including 30 months Custodial sentence of 6 months or less Community order

Rehabilitation period (applies from the end date of the sentence, including any licence period) Never spent 7 years 4 years 2 years 1 year

*Custodial sentence includes both an immediate custodial sentence and a suspended sentence. **Public protection sentence means a sentence of imprisonment imposed for specified sexual and violent offences as set out in Schedule 15 of the Criminal Justice Act 2003. (Equivalent provisions of the Armed Forces Act 2006 are also applicable.)

Table B Sentence Endorsement for a road traffic offence imposed by the court or a FPN; or if a driving licence is revoked or refused on medical grounds by the DVLA (or other body responsible for issuing the driving licence) Penalty points for a road traffic offence Driving disqualification** Community order with no specified end date Fine Conditional discharge Absolute discharge Conditional caution Simple caution Compensation order

Binding over order; Attendance centre order; Hospital order (with our without a restriction order)

Rehabilitation period (applies from the date of conviction) 5 years*

3 years when the disqualification ceases to have effect 2 years 1 year Period of the order None 3 months or when the caution ceases to have effect if earlier Spent immediately On the discharge of the order (i.e. when it is paid in full); individuals must obtain and retain proof of payment from the court Period of the order

* Where a driving licence is revoked/refused on medical grounds by the DVLA (or other body), the Council will not grant a licence until medical proof of acceptable physical and mental fitness is provided. **‘Disqualified’ – refers to the period of disqualification actually served in order to take account of the fact that a court may reduce the period of disqualification; an applicant must provide evidence to prove that the court agreed a reduction in the period of disqualification.

1.19

Where a person does not satisfy the rehabilitation periods referred to in the tables above, then the Council will refuse to grant a new licence or revoke or suspend an existing licence until the applicant is in a position to satisfy them.

1.20

The specific periods of rehabilitation are not intended to be taken as definitive time

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periods by which an applicant/licence holder is automatically granted a licence simply on the basis that the rehabilitation period has elapsed. Rather they are intended to give parameters for consideration when taken with the overall history of an applicant/licence holder in order to assist the Council to determine whether an applicant/existing licence holder is a fit and proper person or not. The rehabilitation periods will not be considered in isolation. 1.21

The Council will not grant a licence to an applicant who has been convicted of a specified sexual or violent offence unless significant and exceptional circumstances apply. Licensing offences

1.22

In addition to the consideration of rehabilitation periods, where an existing licence holder is found guilty of hackney carriage or private hire related offences such as, but not restricted to, plying for hire, over-charging, refusing to carry disabled persons or multiple breaches of licence conditions, licence holders will be referred to the Licensing Panel and/or the Licensing and Safety Sub-committee with a view to determining whether the licence ought to be suspended and/or revoked. Right of appeal

1.23

Any applicant refused a driver’s or operator’s licence on the grounds that they are not a fit and proper person to hold such a licence, or who has had their licence suspended or revoked or had a condition attached with which they disagree has a right of appeal by way of written complaint, to the magistrates’ court within 21 days of the notice of decision. Conclusion

1.24

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Any applicant having a previous or current conviction should not, in principle, debar them from obtaining a hackney carriage or private hire driver’s licence. However, previous convictions are a significant factor in the decision making process and it will inevitably be more difficult for such applicants to obtain a licence. It is this Councils policy to consider the protection of the public above all else by ensuring all licensed drivers are honest, will not be a threat to the public, in good health, are safe and competent drivers and are able to maintain their vehicles to a safe standard. In doing so, the Council will focus on the background of an applicant as a whole and will not consider individual offences and their rehabilitation periods identified above in isolation from other factors, in particular patterns of unacceptable or inappropriate behaviour and conduct that may not necessarily be linked to proven convictions.

APPENDIX G ADDITIONAL MEDICAL FITNESS GUIDANCE

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APPENDIX G ADDITIONAL MEDICAL FITNESS GUIDANCE 1.0

The following conditions are a bar to the grant of a licence: A. Epileptic Attack Applicants must have been free of epileptic seizures for at least ten years and not have taken anti-epileptic medication during this ten year period. B. Insulin Treated Diabetes Applicants for a private hire or hackney carriage driver licence will be required to satisfy the Council that they meet the medical requirements which would allow a C1 (small lorry) Group 2 licence to be issued. If found to be suffering from Diabetes Mellitus, the applicant must provide a medical report from a hospital consultant specialising in diabetes confirming:   

the applicant has been undergoing insulin treatment for over four (4) weeks; during the 12 months prior to the date of the licence application, the applicant has not suffered a hypoglycaemic episode requiring the assistance of another whilst driving; and, the applicant has a history of responsible diabetic control and is at minimal risk of a hypoglycaemic attack resulting in incapacity.

The applicant will also be required to submit a signed declaration that:   

they will comply with the directions for treatment given to him/her by the doctor supervising that treatment; immediately report to the Council in writing, any change in diabetic condition; and provide to the Council as and when necessary, evidence that blood glucose monitoring is being undertaken at least twice daily and at times relevant to driving a hackney carriage or private hire vehicle during employment.

C. Eyesight (i) Applicants must be able to read in good daylight a number plate at 20.5 metres, (67 feet), and if glasses or corrective lenses are required to do so, these must be worn while driving. In addition applicants must have a visual acuity of at least 6/9 in the better eye; and visual acuity of a least 6/12 in the worst eye; and if these are achieved by correction the uncorrected visual acuity in each eye must be no less than 3/60. (ii) A licence will also be refused or revoked if an applicant has uncontrolled diplopia, (double vision), or does not have a normal binocular field of vision. D. Other Medical Conditions In addition to those medical conditions covered by legislation, applicants (or licence holders) are likely to be refused if they are unable to meet the national recommended guidelines in the following cases: 85

              

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Within 3 months of myocardial infarction, any episode of unstable angina, CABG or coronary angioplasty; A significant disturbance of cardiac rhythm occurring within the past 5 years unless special criteria are met; Suffering from or receiving medication for angina or heart failure; Hypertension where the BP is persistently 180 systolic or over, or 100 diastolic or over; A stroke or TIA within the last 12 months; Unexplained loss of consciousness within the past 5 years; Meniere's or other conditions causing disabling vertigo, within the past 1 year, and with a liability to reoccur; Recent severe head injury with serious continuing after effects, or major brain surgery; Parkinson's disease, multiple sclerosis or other 'chronic' neurological disorders likely to affect limb power or co-ordination; Suffering from psychotic illness in the past 3 years, or suffering from dementia; Alcohol dependency or misuse, or persistent drug or substance misuse or dependency in the past 3 years; Insuperable difficulty in communicating by telephone in an emergency; Any other serious medical condition which may cause problems for road safety when driving a Hackney Carriage or Private Hire Vehicle; If major psycho tropic or neuroleptic is being taken; Any malignant condition within the last 2 years likely to metastasise to brain or lung or malignant melanoma.

APPENDIX H INTENDED USE AND LICENSING OF HACKNEY CARRIAGES

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APPENDIX H INTENDED USE AND LICENSING OF HACKNEY CARRIAGES Reasons for Policy 1.0

The Council wishes to ensure that applications for the grant of hackney carriage licences are determined in accordance with the guidance given by the High Court in its judgment, and the declaration made in the case of Newcastle City Council v Berwick upon Tweed Council [2008]. Applications for the grant of a new hackney carriage licence

1.2

Applicants for new licences will be expected to demonstrate a bona fide intention to ply for hire within the administrative area of Shropshire Council under the terms of the licence for which application is being made.

1.3

There will be a presumption that applicants who do not intend to a material extent to ply for hire within the administrative area of Shropshire Council will not be granted a hackney carriage licence authorising them to do so. Each application will be decided on its individual merits.

1.4

Even where the applicant intends to ply for hire to a material extent in the administrative area of Shropshire Council, if the intention is to trade in another authority’s area also for a substantial amount of time (and it appears that the purpose of the legislation and public safety will be frustrated) then, subject to the merits of the particular application, there will be a presumption that the application will be refused. Applications for the renewal of a hackney carriage licence

1.5

Applicants for renewals of licences will be required to inform the Council whether they have a bona fide intention to ply for hire within the administrative area of Shropshire Council under the terms of the licence for which application is being made.

1.6

There will be a presumption that applicants who do not intend to a material extent to ply for hire within the administrative area of Shropshire Council will not be granted a hackney carriage licence authorising them to do so. Section 60 of Local Government Miscellaneous Provisions Act 1976 gives the Council a broad discretion to refuse to renew a licence for any reasonable cause. Each application will be decided on its merits.

1.7

Even where the applicant intends to ply for hire to a material extent in the administrative area of Shropshire Council, if the intention is to trade in another authority’s area also for a substantial amount of time (and it appears that the purpose of the legislation and public safety will be frustrated) then, subject to the merits of the particular application, there will be a presumption that the application will be refused.

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Transfer of ownership – when a licensed vehicle is transferred from one person to another 1.8

Section 49 of the Local Government (Miscellaneous Provisions) Act 1976 requires that the proprietor of the licensed vehicle who transfers his interest to another must, within 14 days of the transfer, give written notice to the Council of the name and address of the transferee of the hackney carriage. The Council has no power to refuse to register the new proprietor: see R v Weymouth Borough Council, ex p Teletax (Weymouth) Ltd [1947] KB 583.

1.9

Provided requisite notice has been given in accordance with section 49 of the Local Government (Miscellaneous Provisions) Act 1976 the Council will register the transferee of a licensed hackney carriage as the new proprietor. This is a legal requirement.

1.10

The transferee of a licensed hackney carriage will be asked to inform the Council whether he has a bona fide intention to use the vehicle to ply for hire within the administrative area of Shropshire Council. In addition, where the transferee resides outside the administrative area of Shropshire Council, the transferee will be required to keep records of all pickups on the Shropshire Council approved record sheets and these records shall be made available for inspection upon request. Transferees should note the obligation under section 73 of the Local Government (Miscellaneous Provisions) Act 1976 to give to an authorised officer information which may reasonably be required by him for the purpose of carrying out his functions under the legislation. Where there is a failure to provide the requested information or to keep the records, the Council will give serious consideration to exercising its powers of suspension of the licence under section 60 of the 1976 Act until such information is forthcoming, in addition to its powers under section 73.

1.11

Transferees of existing licences will be expected to have a bona fide intention to ply for hire within the administrative area of Shropshire Council under the terms of the licence in respect of the vehicle being transferred.

1.12

Where the transferee of a licensed hackney carriage is found to have no intention to ply for hire to a material extent within the administrative area of Shropshire Council and/or intends to trade in another authority’s area also for a substantial amount of time (and it appears that the purpose of the legislation and public safety will be frustrated) then, subject to the merits of the particular case, consideration will be given (either at renewal or earlier) to the suspension or revocation of the licence under section 60 of the 1976 Act. Where the transferee proposes to operate remotely from the administrative area of Shropshire Council there will be a presumption that his licence will be revoked. Each case will be decided on its merits.

1.13

The Council is required to register the name of the new proprietor of a vehicle. It seems to the Council also to open up an obvious route to circumvent the decision of the High Court referred to in paragraph 1.0 above, unless precautionary steps are taken. The paragraphs in this section are intended to put the Council in a position to respond responsibly to the transfer of a Shropshire hackney carriage into the name of someone who operates outside the administrative area of Shropshire Council or remotely from it.

1.14

Unless there has been a change in the proprietor’s intentions with regard to plying for hire within the administrative area of Shropshire Council, there should be no reason

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why he should not be granted a licence for a replacement vehicle. On the other hand, an applicant who obtained his first licence on the expressed intention of plying for hire to a material extent within the administrative area of Shropshire Council, and who on application to replace that vehicle with another discloses that he no longer so intends, effectively engages the presumption against grant that is mentioned earlier. Change of vehicle – when a proprietor replaces a licensed vehicle 1.15

Applicants seeking the grant of hackney carriage licence for a vehicle intended to replace another licensed vehicle will be asked to inform the Council of their intended use of the vehicle. There will be a presumption that applicants who no longer intend to ply for hire to a material extent within the administrative area of Shropshire Council will not have the new hackney carriage licence granted. Even where the applicant intends to ply for hire to a material extent in the administrative area of Shropshire, if the intention is to trade in another authority’s area also for a substantial amount of time (and it appears that the purpose of the legislation and public safety will be frustrated) then, subject to the merits of the particular case, there will be a presumption that the application will be refused. Revocation of licence

1.16

Where a licence has been granted under the terms that the applicant intends to ply for hire to a material extent within the administrative area of Shropshire Council but is subsequently found not to be plying for hire to a material extent in the administrative area of Shropshire Council and/or to be trading in another authority’s area for a substantial amount of time (and it appears that the purpose of the legislation and public safety will be frustrated) there will be a presumption that the licence will be revoked. Exceptional circumstances

1.17

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Each application will be decided on its merits. However the presumptions that intended use is to ply for hire to a material extent within the administrative area of Shropshire Council will be rebuttable in exceptional circumstances. Whilst it is neither possible nor prudent to draw up a list of what might amount to exceptional circumstances, an applicant who claims that exceptional circumstances exist will be expected to be able to satisfy the Council that it would not frustrate the purposes of the legislation or compromise public safety if the licence were granted, renewed or if were not suspended or revoked as the case may be.

APPENDIX I ADVERTISING ON HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES

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APPENDIX I ADVERTISING ON HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES 1.0

Advertisements will not be permitted by Shropshire Council if, in Shropshire Council’s reasonable opinion, the advertisement falls within any of the following categories: a. does not comply with the law or incites someone to break the law; b. does not comply with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing; c. is likely to cause widespread or serious offence to members of the public on account of the nature of the product or service being advertised the wording or design of the advertisement or by way of inference; d. depicts men, women or children in a sexual manner or displays nude or seminude figures in an overtly sexual context (NB whilst the use of underdressed people in most underwear advertising may be seen as an appropriate context, gratuitous use of an overtly sexual nature will be unacceptable); e. depicts or refers to indecency or obscenity or uses obscene or distasteful language including that set out in a foreign language; f. relates to lap-dancing, ‘gentlemen’s clubs’, escort agencies or massage parlours; g. depicts direct or immediate violence to anyone shown in the advertisement; h. condones or provokes anti-social behaviour; i.

contains images or messages, which relate to matters of public controversy and sensitivity;

j.

refers to or portrays (or gives the impression of portraying) a living person unless the written consent of that person is obtained and is produced to Shropshire Council;

k. contains negative references to Shropshire Council’s services or those services provided or regulated by other local authorities; l.

relates to a political party or parties or a political cause;

m. relates to or advertises alcohol or tobacco; n. in the case of digital media, poses a health and safety risk as a result of flickering or other visual imagery

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APPENDIX J CONDITIONS APPLICABLE TO THE USE OF TRAILERS

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APPENDIX J CONDITIONS APPLICABLE TO THE USE OF TRAILERS

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The use of trailers is only permitted for vehicles of the multi-passenger type (more than 4 passenger seats) and on pre-arranged journeys where passenger’s luggage cannot be safely accommodated within the vehicle.



The licensed towing vehicle’s insurance must cover the towing of a trailer.



Trailers must not be left unattended anywhere on the highway.



The speed restrictions applicable to trailers must be observed at all times.



A spare wheel for the trailer and adequate tools to change a wheel must be carried at all times by a licensed vehicle whilst towing a trailer.



The towing of a trailer by a licensed vehicle shall only permit the conveyance of luggage and belongings owned by a passenger whilst the vehicle is hired by a passenger within the vehicle.



The tow bar must comply with the type approval regulations in respect of all tow bars fitted to cars after August 1998.



Drivers of vehicles towing trailers must ensure that they have the correct driving licence group to permit them to tow the relevant trailer, as per the DVLA guidance (info 30) Driving Licensing Requirements for Towing Trailers in Great Britain.



Trailers must be inspected at initial licensing and annually thereafter by a garage approved by the Council for that purpose.



An additional plate will be issued by the Council for each vehicle licensed to tow trailers and the relevant plate must be affixed to the rear of the trailer near the vehicle number plate.



Un-braked trailers shall be less that 750 KGs gross weight.



Trailers over 750 KGs gross weight shall be braked acting on at least two road wheels.



The towing vehicle must have a kerb weight of at least twice the gross weight of the trailer.



A suitable lid or other approved means of enclosure shall be fitted to secure the contents within the trailer when in use and to keep it watertight.



The maximum permissible length of the trailer shall be 7 metres including the drawbar and coupling.

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The width of the trailer shall not be greater than the towing vehicle subject to no trailer being wider than 2.3 metres.



The maximum length for braked twin axle trailers is 5.54 metres.



The trailer must at all times comply with all Road Traffic legislation requirements, in particular those as laid down in the Road Vehicles (Construction and Use) Regulations 1986.



The trailer shall not display any form of sign or advertisement not required or approved by the Council or Road Traffic legislation.

APPENDIX K GUIDE TO EXECUTIVE VEHICLES AND TRIM LEVELS

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APPENDIX K GUIDE TO EXECUTIVE VEHICLES AND TRIM LEVELS

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Volkswagen - Phaeton Touran TDI SE (4 pax)



BMW - 5 Series, 7 Series



Jaguar - XJ, XF and S Type



Mercedes - E and S Class



Audi - A6, A8 and Q7 SE Quattro (5 pax)



Lexus - 300 and 400



Volvo - S80



Chrysler - 300



Peugeot - 807 (Executive Model only)



Ford - Galaxy GHIA TDCI only (6 pax)



Bentley - Continental (4 pax)