Private Hire Driverlicence Conditions

APPENDIX 4

PRIVATE HIRE DRIVERLICENCE CONDITIONS

These conditions are made under section 51 of the Local Government

(Miscellaneous Provisions) Act 1976 by Cornwall Council in respect of licensed

private hire vehicle drivers in Cornwall.

Interpretation

Throughout these conditions “the Council” means Cornwall Council and “the district” means Cornwall.

Conduct

The driver of a private hire vehicle, when making the vehicle available for hire, shall not make use of the services of any other person for the purpose of pursuingany person to hire such vehicle.

The driver of a private hire vehicle shall at all times be clean and respectable in dress and person and behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

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

The driver of a private hire vehicle shall not drink or eat in the vehicle whilst the vehicle is hired.

The driver of the vehicle shall not use any electric cigarette or similar device within the vehicle.

The driver of a private hire vehicle must take reasonable steps to ensure that sound emitted by any radio or similar equipment in the vehicle is not a source of nuisance or annoyance.

Display of Plate

The driver of a private hire vehicle shall :-

(i)not wilfully or negligently cause or suffer the number on the plate required under vehicle licence conditions to be concealed from public view while the vehicle is being made available for hire (unless an exemption has been granted to not display the plate); and

(ii)not cause or permit the vehicle to be made available for hire with any painting marking or plate in accordance with vehicle licence conditions so defaced that any figure or material particular is illegible.

Driver Badges

The driver of a private hire vehicle shall, when making the vehicle available for hire, and when hired, wear the badge that has been provided by the Council ensuring it is plainly visible.

Vehicle check

Before driving a licensed vehicle, the driver of a private hire vehicle must, on a daily basis check the vehicle to ensure that the vehicle is safe and roadworthy.

This must include, but is not restricted to:-

Tyres being correctly inflated and the tread depth being legal
Lights and indicators are visible and working
Brakes are working
Oil, coolant and windscreen wash levels are working and correct
Windscreen and windows are not damaged
Mirrors are secure, aligned correctly, clean and have no obstructions.
No signs of vehicle damage.
Seat belts are working correctly.

Fares

The driver of a private hire vehicle shall be entitled to demand and take for the hire of the vehicle the rate or fare set by the proprietor.

Where a private hire vehicle furnished with a meter is hired by distance and time the driver thereof shall not be entitled to demand and take a fare greater than that recorded on the meter, save for any extra charges that have been set by the proprietor which it may not be possible to record on the face of the meter, provided that these are advertised in the vehicle in accordance with the private hire vehicle conditions.

The driver of a private hire vehicle bearing a statement of fares in accordance with the conditions attached to the private hire vehicle licence shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the vehicle is being made available for hire or being used for hire.

Receipts

The driver of a private hire vehicle shall, if requested by the hirer of the vehicle, provide him with a receipt for the fare paid.

Meters

The driver of a private hire vehicle if provided with a meter shall-

(a) when available for hire, keep the key, flag or other device fitted

in the locked position in which no fare is recorded on the face of

the meter;

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

(c)cause the dial of the meter to be kept properly illuminated throughout any part of the hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.

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

Number of Passengers

The driver of a private hire vehicle shall not convey or permit to be conveyed in such vehicle any greater number of persons than the number of persons specified on the plate affixed to the outside of the vehicle.

Carriage of Pushchairs, Buggies or Similar

The driver of a private hire vehicle must ensure that pushchairs, buggies or similar carried within the private hire vehicle are collapsed and that children are carried in accordance with the law in relation to seat belts / restraints.

The driver of a private hire vehicle must ensure that pushchairs, buggies or similar are stowed away securely in the boot or in another suitable location within the vehicle so as not to cause an obstruction or danger to passengers.

Disabled Accessible Vehicles

The driver of any private hire vehicle that is a disabled accessible vehicle must be trained so that they are competent in relation to passenger assistance and disability awareness.

The driver of any private hire vehicle that is a disabled accessible vehicle is required:

To carry the passenger while seated in the wheelchair.
Not to make any additional charge for doing so.
To carry the wheelchair in a reasonable manner, if the passenger chooses to sit in a passenger seat in the vehicle.
To take such steps as may be necessary to ensure that the passenger is carried in safety and comfort and to give the passenger such mobility assistance as is reasonably required.
To attend to the needs of any passenger with a disability whether wheelchair bound or not.
That any wheelchairs or walking aids are carried free of charge.
To ensure the safe loading of any person in a wheelchair into the licensed vehicle.
To be responsible for securing the wheelchair, when a user chooses to travel seated in their wheelchair, in a safe and secure manner.

Luggage and Assistance

The driver of a private hire vehicle so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the vehicle;

(a) convey a reasonable quantity of luggage;

(b) afford reasonable assistance in loading and unloading; and

entrance of any building, station or place at which he may take up or set down such person, but subject to any parking restrictions in force which prevent the driver of a hackney carriage from affording such assistance.

N.B. Condition 20will not apply to a driver of a private hire vehicle who has been issued with a notice from the Council exempting the driver from this requirement following receipt of a report from the driver’s General Practitioner confirming that the driver is unable physically to comply with the requirements of the condition.

Lost or Found Property

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

(ii) The proprietor(s) of the private hire vehicle must have in place a system for recording and receipting any lost property found in the vehicle and should take advice from the Police regarding returning the property to the owner or any subsequent disposal. The driver of the vehicle must follow the system put in place by the proprietor(s).

Change of name and address

A licensed private hire vehicle driver must inform the Council within 7 days of any change of name or address.

Health

A licensed private hire vehicle driver must inform the Council of any medical condition that would affect their ability to meet the Group 2 medical standards within 7 days of becoming aware of it.

Convictions and Endorsements

A licensed private hire vehicle driver must inform the Council if theyare convicted or cautioned for any offence or receive any endorsement on their driving licence (this includes fixed penalty notices and taking a speed awareness course instead of any endorsements) or if they are charged with anything or if an allegation is made against them within 7 days of the date of the allegation, charge, conviction or endorsement.

Notes

Proprietors are required (in accordance with Section 50 (3) of the Local Government (Miscellaneous Provisions) Act 1976) to inform the Council as soon as reasonably practicable, or no later than 72 hours, of any material damage to a vehicle during the licence period.

It is an offence for a driver to smoke in a licensed vehicle or fail to prevent smoking in a licensed vehicle.’

Penalties

Every person who shall offend against any of these conditions shall be liable on summary conviction to a fine not exceeding Level 3 on the Standard Scale (currently set at £1,000).

Appeal Provisions

Any person aggrieved by any conditions attached to a private hire vehicle licence may appeal to the Magistrates’ Court within 21 days of being notified of the issue of a licence with the above conditions attached to it.

APPENDIX 5

Byelaws for Hackney Carriages

BYELAWS

Byelaws made under Section 68 of the Town Police Clauses Act 1847

and

Section 171 of the Public Health Act 1875

by the Borough of Restormel with respect to Hackney Carriages

INTERPRETATION

1. Throughout these byelaws “the Council” means the Council of the Borough of Restormel

2. The driver of a hackney carriage provided with a taximeter shall: -

(a) When standing or plying for hire keep the key flag or other device fitted in pursuance of a condition imposed by the Council in that behalf locked in the position in which “No fare” is recorded on the face of the taximeter;

(b) As soon as the carriage is hired by distance and before beginning the journey bring the machinery of the taximeter into action by moving the said key flag or other device so that the word HIRED” is legible on the face of the taxirneter and keep the machinery of the taximeter in action until the termination of the hiring;

(c) Cause the dial of the taximeter to be kept properly illuminated between half-an-hour after sunset and half-an-hour before sunrise and also at any other time at the request of the hirer

3. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided with the fittings thereof or with the seals affixed thereto

4. The driver of a hackney carriage shall when plying for hire in any street and not actually hired: -

(a) Proceed with reasonable speed to one of the stands fixed by the Council in that behalf;

(b) If a stand at the time of his arrival is occupied by the full number of carriages authorised to occupy it proceed to another stand;

i) Where the stand is arranged in line ahead formation to station the carriage immediately behind the carriage or carriages on the stand so as to face in the same direction or

ii) Where the stand is arranged in line abreast formation to station the carriage in a position immediately adjacent to the carriage being last in the queuing order or as otherwise directed by the Council by means of signs displayed at the stand and so as to face the same direction as the other carriages in the stand;

(d) From time to time when any other carriage immediately in front or adjacent as the case may be is driven off or moved cause his carriage to be moved forward or into the adjacent space next in the queuing order so as to fill the place previously occupied by the carriage driven off or moved or cause his carriage to be positioned as otherwise directed by the Council by means of signs displayed at the stand;

(e) The queuing order in both types of stand mentioned above shall be determined by the chronological order in which the carriages take position on the stand

5. A proprietor or driver of a hackney carriage when standing or plying for hire shall not by calling out or otherwise importune any person to hire such carriage and shall not make use of the services of any other person for the purpose

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

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

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

9. The driver of a hackney carriage shall when standing or plying for hire and when hired wear the badge in such position and manner to be plainly visible

10. The driver of a hackney carriage so constructed as to carry luggage shall when requested by any person hiring or seeking to hire the carriage: -

(a) Convey a reasonable quantity of luggage;

(b) Afford reasonable assistance in loading and unloading;

(c) Afford reasonable assistance in removing it to or from the entrance of any building station or place at which he may take up or set down such person

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

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

(a) Carry it as soon as possible and in any event within forty eight hours if not sooner claimed by or on behalf of its owner to the office of the Council and leave it in the custody of the officer in charge of the Environmental Health Department on his giving a receipt for it

(b) Be entitled to receive from any person to whom the property shall be redelivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council whichever the greater) but not more than five pounds

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

14. The byelaws relating to hackney carriages in the areas of the former St. Austell with Fowey Borough and Newquay Urban District which were made by the Council on the 24th day of July 1985 and which were confirmed by an Assistant Under Secretary for State for the Department of Transport on the 24th January 1986 are hereby repealed

THE COMMON SEAL OF THE COUNCIL OF THE BOROUGH OF RESTORMEL

was hereunto affixed on the 30th day of September 1993 in the presence of:- (L.S.)

G.H. NETHERTON

Mayor

G.WRIGGLESWORTH

Solicitor

The foregoing byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 20th day of December 1993

P.E. PICKERING

An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport

22nd November 1993

Department of Transport

2 Marsham Street

LONDON SWlP 3EB

BYELAWS

Made under section 68 of the Town Police Clauses Act 1847, and section 171 of the Public Health Act 1875, by Carrick District Council with respect to hackney carriages in Carrick District.

Interpretation

Throughout these byelaws “the Council” means Carrick District Council and “the district” means Carrick.

Provisions regulating the manner in which the number of

each hackney carriage corresponding with the number of its

licence, shall be displayed

A driver of a hackney carriage shall :-

(i)not wilfully or negligently cause or suffer the number on the plate required under vehicle licence conditions to be concealed from public view while the carriage is standing or plying for hire; and

(ii)not cause or permit the carriage to stand or ply for hire with any painting marking or plate in accordance with vehicle licence conditions so defaced that any figure or material particular is illegible.

Provisions regulating the conduct of drivers of hackney carriages

plying within the district in their several employments, and determining whether such drivers shall wear any and what badges

The driver of a hackney carriage provided with a taximeter shall-

(a) when standing or plying for hire, keep the key, flag or other device fitted in

pursuance of hackney carriage vehicle licence conditions locked in the position in which no fare is recorded on the face of the taximeter;

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