The content of this document is provided as a statement of practices, procedures and guidance in relation to drivers of hackney carriages and private hire vehicles. It is not a full and authoritative statement of the law and does not constitute legal advice.
The appendices attached do not form part of this document and are subject to change as appropriate; such changes may not need consultation.
Prepared by
Licensing Area Offices:-
West Cornwall Licensing Office
Dolcoath Avenue
CAMBORNE
TR14 8SX
Central Cornwall Licensing Office
Chy Trevail
Beacon Technology Park
Bodmin
PL31 2FR
East Cornwall Licensing Office
Chy Trevail
Beacon Technology Park
Bodmin
PL31 2FR
If you would like this document in another format please contact:
Cornwall Council
County Hall
Treyew Road
Truro TR1 3AY
Telephone: 0300 1234 100
Email:
You can contact the Council’s Licensing Service at either of the main offices at Camborne or Bodmin.
Alternatively call 0300 1234 212 or email
Index Page No
1. General 4
2. Use and Retention of Information 5
3. Making Application 5
4. Application Requirements 6
DVLA Driving Licence Requirements
DVLA Driving Licence Check
Right to Live and Work
Criminal Records Check
English Speaking
Medical Examination and Medical Exemption
Photograph
Application Fees
5. Relevancy and Consideration of Application, Cautions,
Convictions, Endorsements and other information 10
6. Determining Applications 14
7. Renewal Applications 15
8. Conditions 15
9. Code of Good Conduct for Licensed Drivers 16
10.Cautions, Convictions, Endorsements once Licensed16
11. Medical fitness once licensed 17
12. Legislation17
13. Consultation and Engagement17
14. Further Information 17
15. Appendices 1 – 6
Appendix 1 – Right to live and work documents 19
Appendix 2 – DBS applicant guidance notes 21
Appendix 3 – DBS Update Service 32
Appendix 4 – Condition of licence for private hire drivers 34
Appendix 5 – Byelaws applicable to relevant Taxi Zones 39
Appendix 6 - Code of conduct for Licensed Drivers 57
1.General
1.1It is recommended that applicants read this document in full before commencing the application process.
1.2Cornwall Council (Licensing Authority) issues driver licences for hackney carriage and private hire vehicles. The Licensing Authority has a duty to ensure that licence holders are‘fit and proper’ to be licensed drivers.
1.3A private hire driver’s licence authorises the licence holder to drive private hire vehicles licensed by Cornwall Council.
1.4A hackney carriage driver’s licence authorises the licence holder to drive hackney carriage vehicles licensed by Cornwall Council in the specific zone that the applicant has applied to. The six taxi zones are as follows:
- Penwith Taxi Zone
- Kerrier Taxi Zone
- Carrick Taxi Zone
- Restormel Taxi Zone
- North Cornwall Taxi Zone
- Caradon Taxi Zone
1.5Driver licences issued by Cornwall Council do not authorise the holder to drive hackney carriages or private hire vehicles that are licensed by other Councils. Licences issued by Councils other than Cornwall Council cannot be used to drive Cornwall Council licensed taxis or private hire vehicles.
1.6Driver licences are issued for 3 years unless the Council considers it appropriate in the circumstances, to issue the licence for a lesser period. Examples may include :-
- When the applicants DVLA driving licence expires in less than 3 years
- If appropriate due to any medical condition
- If planning to retire
- If only driving for a limited time
- The right to live or work in the UK is time limited
- A foreign driving licence which is time limited for use in the UK
- When the Council’s Miscellaneous Licensing Committee have determined to grant the licence for a lesser period
1.7The Council is not permitted to grant a licence to drive a hackney carriage or private hire vehicle:-
(a)unless it is satisfied that the applicant is a fit and proper person to hold such a licence,
(b)to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for such a licence so authorised; or
(c)if the applicant does not have the right to live or work in the UK.
1.8Incomplete applications will not be determined until all outstanding documentation is received by the Council.
1.9The Council will aim to determine whether an application can be granted using delegated authority within 10 working days from receipt of a completed application. If an application cannot be determined using delegated authority it will be referred to the next available meeting of the Council’s Miscellaneous Licensing Committee for determination. The Council’s Miscellaneous Licensing Committee meets on a monthly basis. Once a decision is made, the Council will aim to issue the licence or give notice of refusal within 5 working days.
2.Use and Retention of Information
2.1The Council is required to comply with the Data Protection Act 1998 (“the Act”) in respect of personal data provided by the applicant. Section 4 (4) of the Act provides that, subject to Section 27 (1) of the Act, it is the duty of a data controller to comply with the data protection principles in relation to all personal data of which it is a controller.
2.2Any information provided by the applicant will be retained on computer or in the Council’s records and will be dealt with in accordance with the provisions of the Act. Cornwall Council is the Data Controller for the purposes of the Act.
2.3The Council is under a duty to protect the public funds it administers, and to this end may use the information applicants provide for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.
2.4Certain information provided by applicants may be held in public registers which the Council is legally required to provide.
2.5In addition to this the Council may receive requests for information under the Freedom of Information Act 2000.
3.Making an Application
3.1An applicant can apply for a private hire driver’s licence, a hackney carriage driver’s licenceor a dual licence to cover both types of vehicle. However, hackney carriage driver licences are issued for each taxi zone separately.
3.2A face to face appointment will be required in order to submit an application for the grant of a driver’s licence and when a DBS is required.
3.3Applicants must, before attending an appointment, have completed the application form provided by the Council, commenced the DBS process and shared their driving licence (as detailed below). Appointmentslocations are at the Council offices shown below; appointments must be made in advance by calling the relevant team on the telephone numbers shown below:-
Team and Telephone / Appointment locationEast Licensing Team
based at Bodmin
Telephone: 01208 893346 / Chy Trevail, Beacon Technology Park
Bodmin PL31 2FR
Luxstowe House
Liskeard PL14 3DZ
Central Licensing Team
based at Bodmin
Telephone: 01726 223433 / Chy Trevail, Beacon Technology Park,
Bodmin PL31 2FR
39 Penwinnick Road,
StAustell PL25 5DR
New County Hall,
Truro TR1 3AY
West Licensing Team
based at Camborne
Telephone: 01209 615055 / Dolcoath Avenue,
CamborneTR14 8SX
St Johns Hall,
PenzanceTR18 3QW
4.Application requirements
Full details of what is required as part of the applicationprocess is detailed below:-
4.1DVLA Driving Licence Requirements
In order to make an application, all applicants must be ‘authorised to drive a motor car’ and have held such licence for no less than 12 months at the time of application.
Under the legislation for licensing “a person is authorised to drive a motor car” if:-
- they hold a licence under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising them to drive a motor car (usual UK driving licence)
- they are authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (a community driving licence to drive vehicles in Great Britain which they would be allowed to drive in their own country)
- they are authorised by virtue of section 109(1) of the Road Traffic Act 1988 (a Northern Ireland driving licence to drive vehicles in Great Britain which they are licensed to drive in Northern Ireland)
It is also possible to drive under Part III of the Road Traffic Act 1988 with certain foreign driving licences.
For further information on whether you can use a foreign driving licence, pleaseaccess enter ‘foreign driving licence’ in the search box.
Licence holders who have a non UK driving licence will be required to exchange them for a UK driving licence within 12 months of any licence being issued and before application for renewal is made.
4.2DVLA Driving Licence Check
To confirm an applicant has a UK driving licence and to check the drivers record, the Council requires an additional check of the applicant’s driving licence.
Therefore the applicant is required to access the following link:- to obtain a ‘check code’ that must be supplied to the Council, in order that, the Council can check the applicants driving licence online. This is a free service.
Please note the ‘check code’ supplied will only be valid for 21 days.This code must,therefore, be provided to the Council in plenty oftime before the 21days have elapsed.
Alternatively, if applicants do not have access to the internet then they should call 0300 083 0013 to obtain a “check code”.
4.3Right to Live and Work
The Immigration Act 2016 prevents Cornwall Council from issuing driver licences to people who are illegally in the UK, who are not permitted to work, or who are permitted to work but are subject to a condition that prohibits them from holding a licence.
Applicants are therefore required to produce prescribed documentation which show that the applicant has permission to be in the UK and undertake work as a private hire or taxi driver. Further information may be found in “Guidance for Licensing Authorities to Prevent Illegal Working in the Taxi and Private Hire Sector in England and Wales”.
A list of acceptable documents for the right to a licence can be found at Appendix 1.
4.4Criminal Record Check
Applicants are required to complete a criminal record check through the Disclosure & Barring Service (DBS) as part of their application. The results of this disclosure will be used to assist the licensing authority in deciding whether or not the applicant is a ‘fit and proper’ person. This can be applied for online and the applicantcan access Cornwall Council’s online DBS application system from any computer with internet access at the following link:-
The login information required to access the system is:-
Organisation Reference – LICENSING
Password – cornwallcouncil
Please ensure you read the ‘applicant guidance notes’, which are attached at Appendix 2 before starting the process.
The fee for the disclosure will be in line with the current fees charged by the Disclosure and Barring Service and this fee is not refundable in the event that a licence application is refused or withdrawn. Cornwall Council charges an additional fee in order to conduct the necessary checks and countersign the DBS. Please refer to the Council’s fees and charges document.
Applicants must provide their address history for the last 5 years when completing a DBS application.
If an applicant has lived/ travelled outside of the United Kingdom for more than 3 months, within the last 5 years or is from an EU Member state or overseas, then a certificate of ‘Good Conduct’ authenticated and translated by the relevant embassy is also required.
The Council requires applicants to undertake a DBS every 3years. However,in certain circumstances, it may be considered necessary for a further check to be completed sooner.
The DBS has an ‘Update Service’. This is an online subscription service that allows applicants to keep their DBS certificates up to date. The current annual fee is £13.00. This must be done within 19 days of the DBS certificate being issued.
When applicants apply for their next criminal record check, providing it is for the same workforce (ie taxi/private hire drivers are within “other” workforce whilst PTU contracts are within “child and adult” workforce), they can access the ‘Update Service’ via the DBS website; enter the application reference and some personal details. This must be done within 19 days of the resulting DBS certificate being issued.
The Council does not accept DBS’s that have been obtained for other departments within Cornwall Council, other Councils, or other agencies. Applicantswill therefore be required to undergo a new DBS with licensing when an application for the grant or renewal of a driver’s application is made, unless the applicant has subscribed to the update service and it is for the correct workforce.
Due to the Police Act 1997, the Council’s Passenger Transport Unit is not permitted to accept DBS’s that have been completed by licensing as part of a driver’s application, as they are within different workforces, as explained above. Applicantswill be required to undergo a new DBS with Passenger Transport should theywish to be registered with them. The workforce in this case is “child and adult” workforce.Further information regarding the update service is attached atAppendix 3.
4.5English Speaking
Applicants are required to speak and to understand spoken English.
If an officer of the Council considers that an applicant cannot converse in English sufficiently, their application may be referred to the Council’sMiscellaneous Licensing Committee for determination.
The applicant’s ability to speak sufficient English will be evaluated throughout the licensing process, particularly when the applicant attends a face to face meeting with the Licensing Authority to complete the DBS application.
4.6Medical Examination
A medical examination report must be submitted as part of the application process.
The responsibility for determining the standards, including medical requirements, to be applied to hackney carriage drivers over and above the driver licensing requirements, rests with the Council. Current best practice is contained in the booklet “Fitness to Drive: A Guide for Health Professionals” published on behalf of the Department for Transport by the Royal Society of Medicine Press Limited (RSM) in 2006. This recommends that the Group 2 medical standards applied by the DVLA in relation to bus and lorry drivers,should also be applied by Councils to hackney carriage drivers.
Accordingly, the Council requires applicants for hackney carriage and private hire driver licences to produce a Group 2 medical examination report. The medical examination report as prescribed by the Council must be completed by a Doctor who is required to obtain details of the applicant’s full medical history.
However, if no medical records are available or are not accessible then an explanation is required from the Doctor as to the absence of medical records or why they have not been able to access them.
Doctors are required to undertake a medical examination taking into account the criteria for Group 2 vocational drivers as set out in the latest edition of the DVLA publication for medical practitioners titled ‘At a Glance guidance to the current medical standards of fitness to drive’.
All applicants will be required to submit a medical examination report every three years, unless the doctor or Council stipulates a lesser period is appropriate. The Council will only accept medical reports that have been completed no earlier than one month prior to the application being made.
It may be necessary for the Council to request further information from a medical practitioner in relation to information contained on the medical form. If there are any omissions on the medical form it will be referred back for completion.
A copy of the medical examination report for completion is included in the application pack.
Please note, it is the doctors responsibility to ensure that they have read and understand the criteria for Group 2 vocational drivers as set out in the latest edition of the DVLA publication for medical practitioners titled ‘At a Glance guidance to the current medical standards of fitness to drive’ prior to undertaking the medical examination.
If an applicant’s doctor has said that a medical examination report should be submitted before the standard three year renewal period, this will be required to be submitted part way through the licence period.
4.7Medical exemption
Licensed drivers are under a legal duty to carry guide, hearing and other prescribed assistance dogs in their vehicles without additional charge.
Drivers who have a medical condition which is aggravated by exposure to dogs may apply to the Council for exemption from carrying dogs on medical grounds.
If an applicant considers they have a medical condition and an exemption should be granted, confirmation from the applicant’s doctor confirming the condition is required.
Conditions of licence require the driver to provide reasonable assistance inhandling luggage to and from a vehicle.Should a driver have any medicalconditions that prevent this, then evidence should be provided from the driver’s doctor.
It is recommended that the applicant does this at the time of application when themedical examination report is completed.
If an application is successful thenthe driver will be issued with an exemption certificate and a notice of exemption. The notice of exemption must be exhibited in the vehicle by fixing it on the dashboard,facing outwards in a prominent position.
4.8Photograph
Applicants are required to produce acurrent passport size photograph ofthemselves.
4.9Application fees
Please refer to the list of fees and charges. The licence fee is payable on issue of a licence. However, fees paid forDBS disclosures are not refundable and must be paid in advance.
5. Relevancy and consideration of cautions, convictions, endorsements and other information
This section provides guidance on the criteria taken into account by the Council when determining 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 driver’s licence.
The applicant must:
- have the right to live and work in the UK.
- be authorised to drive a motor vehicle and have held such licence
for no less than 12 months at the time of application.
- have sufficient ability to speak English and to understand spoken
English.
The Council also requires applicants to meet the DVLA Group 2 medical standards. If for any reason an applicant does not meet the Group 2 medical standards, the application will be referred to the Council’s Miscellaneous Licensing Committee for determination.
The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order