Document

Private hire driver licence conditions

Wherever there appears in the Licence Conditions a summary of any statutory provisions you are advised that such summary is not exhaustive.

Any requirements of legislation or additional conditions or changes to which affects the operations being carried out under the conditions of this licence shall be regarded as if they are conditions of this licence.

The Council has power to revoke or suspend a licence after conviction for various offences, or for failure to comply with the relevant provisions, or for any other reasonable cause.

1. Conduct of the Driver

The driver shall at all times,

(a) Afford all reasonable assistance with passenger’s luggage.

(b) At all times be clean and respectable in dress and person and behave in a civil and orderly manner;

(d) Take all reasonable steps to ensure the safety of passengers conveyed in, entering or alighting from the vehicle driven by him;

(e) Not without the express consent of the hirer drink or eat in the vehicle;

(f) Shall not smoke or vape and not allow any passengers to smoke or vape in a licensed vehicle at any time.

(g) Not without the express consent of the hirer play any radio or sound producing instrument or equipment in the vehicle other than for the purpose of sending or receiving messages in connection with the operation of the vehicle and shall not allow any such instrument or equipment (when permitted) to be or become a source of nuisance or annoyance to any person inside or outside of the vehicle;

(h) Shall not tamper with or permit any person to tamper with the taximeter, if fittings or with the seals affixed thereto;

(i) The driver will not permit the vehicle to stand or wait in any road, street, airport, railway station or other public or private place unless fulfilling a pre-arranged booking.

(j) Attention is drawn to the Highway Code which warns, “Never use a hand-held mobile phone or microphone when driving. Using hands free equipment is also likely to distract your attention from the road.

The Council expects all drivers to comply with the Highway Code’s recommendations and comply with all traffic regulations.

2. Passengers

The driver shall:-

(a) Not convey or permit to be conveyed in the vehicle a greater number of persons than that prescribed in the licence for the vehicle,

(b) not allow there to be conveyed in the front of the vehicle:

i) any child below the age of ten years, or

ii) more than one person above that age,

(d) Ensure that all passengers are restrained by the use of an approved seat belt and that children who require a child’s seat or booster seat travel in such a seat.

3. Lost Property

(a) The driver shall immediately after the termination of any hiring of the vehicle or as soon as practicable thereafter carefully search the vehicle for any property which may have been accidentally left there.

(b) If any property accidentally left in the vehicle by any person who may have been conveyed therein is found by or handed to the driver, unless it be sooner claimed by or on behalf of its owner, shall be taken within 48 hours to the Council offices and left in the custody of the Licensing staff by prior arrangement.

4. Animals

(a) The driver shall not convey in the vehicle any animal belonging to or in the custody of himself or the proprietor or operator of the vehicle,

(b) Any animal belonging to or in the custody of any passenger, which in the driver's discretion may be conveyed in the vehicle, shall only be conveyed in the rear of the vehicle,

5. Carriage of Assistance Dogs

(a) The licence holder must carry guide or other assistance dogs accompanying passengers, free of charge, unless the driver has a medical condition and has obtained a medical exemption certificate from Licensing Department.

(b) The Council medical exemption certificate issued in accordance with Section 37A of Disability and Discrimination Act 1995 must be displayed at all times and face outwards from the front windscreen of the Private Hire Vehicle.

(c) Private Hire Vehicle Drivers have a responsibility to ensure that their operator is aware of any such medical condition.

(d) The licence holder shall allow the assistance dog to be accommodated within the passenger compartment of the vehicle. The dog shall be allowed to be positioned as per the passenger’s request.

6. Written Receipts

The driver shall if requested by the hirer provide a written receipt for the fare paid and driver details.

7. Touting and Soliciting

The driver shall not, whilst driving or in charge of the vehicle;

(a) Take or agree to take a fare without it being pre-booked via the Operator,

(b) Stand or ply for hire or solicit on a road or other public place, any person to hire or to be carried for hire in any private hire vehicle,

(c) Cause or procure any other persons to tout or solicit on a road or other public place any person to hire or be carried for hire in any private hire vehicle,

(d) Accept an offer for the minimum hire of any private hire vehicle while the holder or that vehicle is on the road or other public place except where such an offer is first communicated to the holder by a licensed operator.

8. Deposit of Licence

If the driver is permitted or employed to drive a private hire vehicle of which the operator is someone other than himself, he shall, before commencing to drive that vehicle, deposit his private hire driver's licence with that operator 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.

The driver shall ensure that the operator has a current Operators Licence with Horsham District Council.

9. Vehicle Damage

The driver shall immediately inform the Council of any damage occasioned to a licensed vehicle however caused and complete and return an accident report form obtainable from the Council to the Council’s Licensing Department within 72 hours from the time of the accident or damage.

10. Change of Address

The driver shall notify the Council in writing within 48 hours of any change of residential address during the period of the licence prior to such change taking place.

11. Arrest, Convictions or Cautions

The licence holder shall give full details in writing to the Licensing Department within 48 hours of any conviction, cautioned or any motoring offence.

The licence holder shall give full details in writing to the Licensing Department within 48 hours of any arrest and release or of being charged for any offence.

12. Badges

The driver's badge must be worn in a position where it may be seen at all times. The driver shall, upon the expiry, revocation or suspension or renewal of this licence, return to the Council the driver's badge within 7 days issued to him by the Council.

The driver shall immediately report any loss, stolen or damaged badge to the Licensing Department. A fee is payable for replacement.

13. Illness or Injury

The driver shall notify the Council in writing as soon as possible and, in any event within 14 days of any illness or injury affecting in any way his fitness to drive.

14. Copy of Conditions

The driver shall at all times when driving a private hire vehicle carry with him a copy of the drivers licence conditions and shall make it available for inspection by the hirer or any other passenger on request.

15. Certificate of Insurance

The driver shall before commencing to drive the vehicle ensure that a current certificate of insurance is in the vehicle clearly showing that the driver is insured to drive the vehicle and shall produce the certificate or copy of the certificate on demand to a police officer or any authorised officer of the Council.

16. Operators Licence

The driver shall ensure that the operator has a current Operators Licence with Horsham District Council.

17. Prompt Attendance and Display of Appointment Board

(a) The driver of a private hire vehicle shall, if he is aware that the vehicle has been hired to be in attendance at an appointed time and place or has otherwise been instructed by the operator or proprietor of the vehicle to be in attendance at an appointed time and place, punctually attend at that appointed time and place, unless delayed or prevented by sufficient cause.

(b) The driver of a private hire vehicle when awaiting a passenger through a pre-arranged appointment shall display in the windscreen of the vehicle a board containing the name of the passenger and the appointed time of the meeting.

18. Fare to be Charged

The driver shall not demand from any hirer of a private hire vehicle a fare in excess of any previously agreed for the hiring between the hirer and the operator or, if the vehicle is fitted with a taximeter and there has been no previous agreement as to the fare, the fare shown on the face of the taxi meter. Journeys shall be by the shortest or most direct route unless requested otherwise.

19. Taximeter

(a) If a private hire vehicle being driven by the driver is fitted with a taximeter, the driver shall not cause the fare recorded thereon to be cancelled or concealed until the hirer has had a reasonable opportunity of examining it and has paid the fare.

(b) The driver of a private hire vehicle shall not tamper with or permit any person to tamper with any taximeter with which the vehicle is provided, with the fittings thereof, or with the seals affixed thereto.

(c) Private hire vehicles fitted with a taximeter may not operate unless the meter is in working condition and has been checked by the Council’s authorised officer.

20. Hire

The driver shall not, whilst driving or in charge of a private hire vehicle:

(a) offer that vehicle for immediate hire while the driver or that vehicle is on a road or other place to which the public have access, or

(b) accept an offer for the immediate hire of that vehicle whilst the driver or that vehicle is on a road or other place to which the public have access except where such offer is first communicated to him by telephone or by radio to the vehicle. (In this Condition 'road' means any highway and any other road to which the public have access and includes bridges over which the road passes).

21. Vehicle Condition

The licensed driver must ensure that the vehicle he drives when in use or available for hire is in a road worthy, efficient, safe, tidy and clean condition and all relevant statutory requirements are fully complied with before the driver uses the vehicle for hire.

22. The Disclosure and Barring Service Check

All new and existing licence holders will be required to be subscribed to the DBS Update Service and supply the relevant code to the Licensing Department to check status and nominate as an authority to view their DBS certificate status during the life of the licence. Should the licence holder’s DBS certificate status change, the licence holder is required to apply for a new DBS certificate within 48 hours.

The licence holder is required to provide any DBS certificates issued to the licensee during the life of the licence within 7 days of issue date.

The Council will also make checks with the National Anti-Fraud Network database on refusal and revocation of licences.

All new or renewal applicants who have been out of the UK for a period of more than six months will need to provide a Certificate of Good Conduct from the relevant embassy.

All Certificates of Good Conduct must be in English or translated into English by an accredited translator and be accompanied by a declaration to that effect.

23. Miscellaneous

The driver must notify the Council, within 14 days of starting or terminating employment/contract with the name and address of the operator/proprietor concerned and the date when employment/contract either started or ended.

The driver must ensure that information for customers concerning how to make a complaint to the Council is clearly displayed within the vehicle.

Where a customer during the course of the hiring has cause for complaint the driver must give enough information to the customer so the driver can be identified (badge number), the vehicle details including the plate number so details can be given to the Council.

If an Applicant is aggrieved by the conditions attached to a licence an appeal may be made to a Magistrates Court within 21 days of the issue of a licence. (See section 52 and 77 of the Local Government (Miscellaneous Provisions) Act 1976 and section 300 of the Public Health Act 1936.)