These notes have been produced as a guide to the law relating to licensed hackney carriage and private hire drivers. They outline most of the important duties and responsibilities and should be read by all new applicants. Existing licence holders may also find them useful. The notes are not intended to be a comprehensive summary of the law and should you have any queries or particular problems please contact the licensing office.
The Council issues one licence for drivers who wish to drive hackney carriage or private hire vehicles. However, there are some legal differences in that hackney carriage drivers are licensed under powers given to this Council by the Town Police Clauses Act 1847 (TPCA) and private hire drivers are licensed under powers given to this Council by the Local Government (Miscellaneous Provisions) Act 1976 (LGMPA) which was adopted by the Council in 1982. However, some things in the later Act concern hackney carriage drivers also.
The Council also has bye-laws which apply to hackney carriage drivers only (copies obtainable on request) and conditions which apply only to private hire drivers.
If you break the law this may result in Court proceedings and/or suspension or revocation of your licence. If you do not comply with the Council’s conditions this may also result in suspension or revocation of your licence. It is important that you understand the basic legal requirements as ignorance of the law is no defence.
Enforcement of the law is the duty of the Council and also of the Police who have joint powers in many areas. Enforcement of the licensing conditions is the duty of the Council.
It is an offence to drive, or employ someone to drive, a hackney carriage or private hire vehicle in High Peak without a current licence issued by this Council. There is no limit on the number of licences issued but there are several provisos. The Council requires you to be over 21 years of age and to have held a driving licence for over 12 months. You must also show that you are a fit and proper person to hold a licence and the Council asks for certain information about your circumstances. You are expected to answer these questions honestly and frankly and to disclose full details of any convictions on the statutory declaration incorporated into the form for application and renewal of the licence. It is an offence to mislead the Council by giving false information.
The Council has a policy on previous convictions, a copy of which is available from the Licensing Office.
You will also be required to complete a form, which is sent to the Criminal Records Bureau (CRB) for clearance.
Also, you must have a medical examination by the General Practitioner with whom you are registered on first application and then every three years. The Council has a special form to hand to your doctor. This must be returned direct to the Licensing Office by your doctor in a sealed envelope.
You must produce your Department of Transport driving licence to the licensing officer, together with your medical certificate, a recent passport sized photograph and completed application form and the appropriate fee. You must also complete the form for the Criminal Records Bureau and this must be returned before your application can be processed. The application is then assessed by one of the Council’s licensing officers. If you have convictions you may be required to attend before the Licensing Panel to explain the circumstances and it will then be for the elected members to decide whether you should be granted a licence.
A licence can be issued for either one year or three years and runs from the date of issue.
A small deposit is required for your driver’s badge. It is refunded when you return your badge. Your badge must be worn at all times when driving your hackney carriage or private hire vehicle. The badge and the driver’s licence are personal to you and under no circumstances must they be either loaned or given to anyone else. If you lose your badge please contact the licensing office as soon as possible to make arrangements for a replacement. If your driver’s licence is suspended or revoked by the Council then you must return it and your driver’s badge to the Council.
If you are to be employed as a driver for someone else then you must hand your diver’s licence to him or her when starting your employment. This licence must be produced to the Council’s licensing officer or to the Police on request and returned to you when your period of employment ends.
If you are driving a hackney carriage vehicle then it must have a meter in it that is in proper working order and calibrated to the Council’s current fares table. The current fares table must be displayed inside the vehicle in a place where passengers will see it.
You may charge less than the set fare but may never charge more as this is an offence. As a private hire driver you may have a meter in your vehicle if you wish and if you do then the same rule applies.
As a private hire driver you may charge whatever is agreed between you and your passenger. There is no scale of charges fixed by law.
A hackney carriage may be used for private hire, provided the fare charged is no greater than that set down for the particular distance in the Council’s Table of Fares for hackney carriage vehicles. To charge more is an offence.
As a hackney carriage driver you are able to stand at any one of the Council’s ranks in the Borough, ply for hire and pick up people flagging you down in the street.
As a private hire driver you must not stand at the rank, tout for business, ply for hire or pick up people in the street. All your journeys must be pre-booked through your operator. When you have no booking you must return with your vehicle to your base. You must avoid parking anywhere where you will create the impression that you are a hackney carriage available for hire.
Failure to observe these rules can result in prosecution and/or suspension or revocation of your licence.
No driver may, without reasonable cause, prolong a journey unnecessarily either by time or distance. To do so is an offence.
As a hackney carriage driver you must not ply for hire or stand at a rank outside the Borough.
As a private hire driver you can only pick up a fare in an area outside High Peak if it has been booked through your operator who is in High Peak.
You must ensure that the licence plates (green for private hire and white for hackney carriage) are attached to the front and rear of the vehicle, as set out in the conditions, and are fully visible at all times when you are working. These plates are the property of the Council and can be removed by the Council’s licensing officer under certain circumstances (for example, if in the opinion of the licensing officer the vehicle is unroadworthy and unsafe).
You are in contact with members of the public throughout the working day (or night) and are, therefore, expected to keep yourself and the vehicle smart, clean and presentable at all times. The conditions attached to the licence go into these requirements in more detail and are issued with the licence or are available from the Licensing Office on request.
Hackney carriage drivers must conduct themselves in an orderly manner on the Council’s ranks and the ranks operate on a first in first out basis. You must not obstruct or hinder another driver on the rank. Drivers must not attempt to persuade a member of the public to travel in their vehicle when they have obviously decided to approach another driver. That other driver may direct the customer to the first taxi on the rank if he or she so wishes. Disorderly and discourteous conduct on the rank will not be tolerated. You must remember that the comfort and safety of passengers is the Council’s foremost concern and drivers are expected to assist with luggage etc. when required.
If two persons who are unconnected wish to travel to the same destination in your vehicle that is acceptable. However, if you already have a customer in your vehicle and another approaches you, you must obtain the first hirer’s consent to accept the second hiring. You must not impose a fellow passenger on him or her.
You must not authorise another licensed driver to drive your hackney carriage or private hire vehicle without the consent of the proprietor of the vehicle.
Neither hackney carriage nor private hire drivers must leave their vehicle unattended in any street or public place.
The issue of a hackney carriage/private hire driver’s licence is a serious business carrying with it certain duties and responsibilities. If you break the rules this could have consequences, which may affect your livelihood and reputation. The above summary is not comprehensive. Copies of the Act or Parliament, the bye-laws and the conditions the Council has attached to drivers’ licences, are available on request from the Council’s licensing office.
If you feel the Council has behaved unfairly towards you in any way then you are advised to discuss the matter with the Council’s licensing staff in the first place. Alternatively, you may wish to use the Council’s formal Complaints Procedure, copies of which are available on request. You may also have a right of appeal to a Court and may wish to seek a legal opinion. The Council has a Customer Care policy and tries to resolve any dispute or difference in a sensible and even handed manner.