Hackney Carriage/Private Hire Licensing Guidance Notes for New Applicants

Contents

Introduction
Criteria
Application Procedure
Spent and Unspent Convictions
Hackney Carriage and Private Hire Licenses
Vehicle Requirements and fees.
Legislation/Conditions
Additional Requirements and information.

1. Introduction

The following guidance notes are provided to give a person wishing to start driving a Hackney Carriage or Private Hire vehicle the information they will require in order to become a licensed driver within North East Lincolnshire. It is advisable that all applicants read the notes and if you require any further information or application forms regarding Hackney Carriage or Private Hire matters, please contact the Hackney Carriage Office on the following telephone numbers:-

Telephone numbers: (01472) 324035/324040/324044/325095
Fax number: (01472) 324757.
e-mail address: joyce.stewart@nelincs.gov.uk or tracey.price@nelincs.gov.uk

All applications are received on an appointment only basis and will be dealt with at the Doughty Road office. To make an appointment please use the telephone numbers listed above.

The Hackney Carriage Office does not take cash or credit cards. Payments are made by cheque or postal order only.

This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided 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.

For further information, see /council/finances/national-fraud-initiative.htm or telephone (01472) 313131and ask for Internal Audit.

2. Criteria

Before the Council may issue a Hackney Carriage or Private Hire Drivers Licence we must be satisfied that applicants are "fit and proper" people to convey members of the public. The Council will not be reponsible for any costs incurred if an application is rejected for any reason. To this end all applicants are required undertake or produce the following;

Application Fee - £69.00
Medical
Full driving licence issued by the GB DVLA, EEA or Northern Ireland (held for at least 12 months)
2 passport size photographs
Application Form
2 References
Knowledge Test
CRB Disclosure £36.00

IMPORTANT NOTICE

Do not have your vehicle MOT tested and Inspected until such time that you are ready to be licensed and have met the full criteria and have completed the Application Steps.

3. Application Procedure

STEP 1

Complete the Application Form, giving particular attention to the following:

You must have held your driving licence for 12 months. The Council can not accept your application if you have not.
Declare all Convictions and findings of guilt against you made by a court. For further information refer to Section 4 'Spent and Unspent Convictions'.
Provide the names of two referees, the first of which must be a current or previous employer and the second a person who you have known for at least five years. Make sure you provide their full address.

STEP 2

Once you have completed and signed your Application Form, take it to the Operator/Proprietor who you intend working for, and ask them to counter-sign as appropriate.

STEP 3

Included with the Application Form is a Medical Certificate; you will need to book a Medical with your GP, taking the certificate with you.

STEP 4

Contact the Hackney Carriage Office to make an appointment to return the completed forms and items by hand -

Application Form
Medical Certificate
Driving Licence (see phase 2)
2 passport size photographs
Application documents and CRB Disclosure Fee - other documents for CRB check as for step 7

STEP 5

Your driving Licence will be checked and copied. All forms produced will be checked to ensure that they have been completed properly.

STEP 6

Once the forms have been returned you will be asked to pay the application fee of £69.00. The fee is non-refundable; produce your passport size photographs you will sign in advance for your ID badge, which you will receive at a later date with your licence.

STEP 7

The Hackney Carriage Officer will complete the CRB Disclosure application form on your behalf and the fee is £36.00. You will also be required to produce original documentation to verify your identity. The CRB Disclosure will then be signed and sent off by The Registered Officer, a copy will then be sent to you as the applicant and another copy will be sent to the council. The Registered Officer will then determine the information provided and may only do so from the Councils copy.

Original Documents you will be asked to show

Group 1

Valid Passport

UK Driving Licence

Original UK Birth Certificate
(issued within 12 months of Date of Birth)

EU National Identity Card (EU countries only)

HM Forces ID Card (UK)

UK Firearms Licence

Adoption Certificate (UK)

Group 2

Marriage Certificate/Civil Partnership Certificate

Non-Original Birth Certificate
(issued after 12 months of Date of Birth)

P45/P60 Statement**

Bank or Building Society Statement*
Utility Bill (Gas, Water, Electricity, Telephone (incl. mobile phone contract/bill)

Valid TV Licence

Credit Card Statement*
Store Card Statement*

Mortgage Statement*

Valid Insurance Certificate

Correspondence or document from: Benefits Agency; The Employment Service; the Inland Revenue; or a Local Authority*

Financial Statement (e.g. pension, endowment, ISA)**

Valid Vehicle Registration Document

Mail Order catalogue statement*

Court Summons**

UK NHS card

Addressed Payslip*

UK National Insurance Card

Exam certificate (e.g GCSE, NVQ)

Child Benefit Book**

UK Connexions card

Certificate of British Nationality

Work permit/visa**

UK Council Tax Statement**

CRB Disclosure Certificate**

Letter from a Head Teacher*

Asylum Registration Card

Information to Help you fill in the Form

Details from your Birth Certificate
National Insurance Number
Full Postal Addresses of homes where you have lived in the past 5 years
A preferred Contact telephone number and time

Please Note
All documents produced must be in your current name and one document should show your current address and at least one document to show your date of birth.
Photocopies are not acceptable.
* documentation should be less than three months old
** issued within the past 12 months

Please Note: This information has been prepared from the Guidance Notes provided by the Criminal Records Bureau.

CRB have informed all Authorities that it is not now a requirement to complete the Application Form at Section E & F). If you agree to the use of commercial data sources to help the CRB confirm your identity, you have to sign the form (section H item 69) as well as item 68.

Which Documents Need to be produced?

A copy of the Guidance Notes provided by the Criminal Records Bureau is available in the Hackney Carriage Office.

STEP 8

Your referees will be written to asking them to complete our reference form.

STEP 9

You will be booked in for a Written Knowledge Test. The knowledge test is based on 40 questions on the area of North East Lincolnshire, the pass mark being 75%. The tests are held on a Wednesday afternoon at 4.00 p.m. in the Grimsby Town Hall.

Please Note
Tests will not be marked at the time of the test but results will be available on the Friday following.

STEP 10

On the return of your CRB Disclosure; any relevant convictions are taken in to consideration by the registered officer together with any relevant additional information provided by the Police.

STEP 11

If the officers are able to determine that as an applicant you are a "fit and proper" person in accordance with delegated powers, and the policies adopted by the council, then a licence may be issued. However, if there are any unspent or spent convictions that the Council take into consideration or any relevant endorsements or information then, your application will be reviewed by the licensing panel.

4. Spent and Unspent Convictions

Applicants should declare all valid endorsements, which appear, on their DVLA driving Licence. In addition, an applicant who has any spent or unspent conviction(s) must declare these on the application form or write the word 'NONE'.

Following the Issue of a Statutory Instrument 2002 No. 441, Hackney Carriage or Private Hire Vehicle (Taxi) Drivers Licence holders/applicants are included in Schedule 1, Part III of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. This details "Regulated occupations". All proceedings relating to the issue of a vehicle driver's licence are included in Schedule 3 of the said Order of 1975. As a result, vehicle driver's licence holders are excepted from the provisions of Sections 4(1), 4(2) & 4(3)(b) of the Rehabilitation of Offenders Act 1974.

As a result of this Statutory Instrument, vehicle driver's licence holders/applicants are required to declare all convictions, even where they would normally be spent. The council may also take into consideration any conviction imposed up on a Driver/Applicant. Furthermore, any failure to declare such convictions may prejudice an application for a vehicle driver's licence.

The Council's policy on spent and un-spent convictions is to determine them as follows:

Conviction	Rehabilitation Period
For a probation order; or conditional discharge; or a bind over	1 Year or until the order expires (whichever is the longer)
For an absolute discharge	6 Months
For a fine or community service order	5 Years
For a sentence of Borstal Training	7 Years
For a sentence of imprisonment of 6 Months or less	7 Years
For a sentence of imprisonment of 6 Months - 2 ½ Years	10 Years
For a sentence of imprisonment of over 2 ½ Years	Never spent

You must declare all convictions even if you consider them to be spent. When completing the application form, continue on a seperate sheet if necessary.

If you have been convicted of an offence during the rehabilitation period of a prior offence, then if the offence is indictable or triable either way then the rehabilitation period is extended to the greater period of the two sentences.

When determining an application, all convictions falling into the periods outlined in the table above will taken into consideration, as will all convictions for either violence or indecency, or any relevant additional information provided by the Police. Applicants with such convictions will be required to appear before the Council. The members of the panel will make the decision as to whether the applicant is a "fit and proper" person to hold a licence bearing the convictions in mind.

Applicants should be aware that the Council has adopted the following policy:

Previous convictions for violence and for a sexual/indecency nature will be taken into account even if spent. All other spent convictions not declared, may be referred to the panel.

Guidance Notes relating to relevant convictions are available from the Hackney Carriage Office and may be referred to.

Guidance Notes provide members of the Council with basic guidelines when deciding whether an applicant is a "fit and proper" person. For more serious offences the guidance notes require 3 to 5 years free of conviction, however each case is decided on its own merits and does not automatically disqualify a person from holding a licence.

5. Hackney Carriage and Private Hire Licenses

Private Hire - Drivers Licence

Once the Council is satisfied that an applicant is a "fit and proper" person, a Licence will be issued which enables the holder to drive a Private Hire Vehicle only. The issue of a Licence is subject to Conditions attached to the licence by the Council and must be signed by the licensee as soon as it is received.

Private Hire - Vehicle Licence

The Council who cannot legally control the number of licenses issued. Before a licence is issued the vehicle is required to have:-

An MOT at any station
Vehicle Inspection at the Councils Doughty Road Deopt (by appointment only) made with the Hackney Carriage Office within 7 days of the MOT being issued, or within 100 miles of the recorded millage on the MOT Certificate.
At least 14 days notice must be given for Vehicle Inspection appointments.
It will be necessary to produce the MOT Certificate and the Vehicle Registration Document (V5 form) at the time of inspection.

At the time of licensing:-

Valid Insurance for Private Hire
MOT Certificate
Vehicle Registration Document V5 form
First Aid Kit and Fire Extinguisher

The vehicle must be suitable for Private Hire and conform to Private Hire Vehicle Licence Conditions. Vehicle testing guiance notes are available on request.

Stretched Limousines

Additional to the above requirements, imported Stretched Limousines are required to have Certificate of evidence compliance with British Regulations, under the Single Vehicle Approval inspection regime (S.V.A), that is issued before the vehicle is registered with the DVLA. Document to be produced at the time of licensing.

Private Hire - Operators Licence and fees

An operators licence is required for a person who wishes to work or take his or her own bookings or open an office. The council has stringent requirements regarding responsibilities of Operators and attaches Conditions to the Licence. A separate application form must be completed and proposed premises may be firstly subject to planning permission. Following receipt of the application the proposed premises and parking area will be visited by the officers to determine suitability. The licence fee is £94.00, which includes the operation of the first vehicle. Each additional vehicle is at a fee of £12.50.

Hackney Carriage - Drivers Licence

Once the Council is satisfied that an applicant is a "fit and proper" person, a Licence will be issued which enables the holder to drive a Hackney Carriage Vehicle only.

Hackney Carriage - Vehicle Licence

The limitation of Hackney Carriage numbers ended on 4th April 2005. Applicants are required to contact the Licensing office for an information sheet on the new vehicle specification for Hackney Carriage vehicles and a copy of the amended vehicle licence conditions.

Before a licence can be issued the requirements for the vehicle are the same as for Private Hire (as above) with additional documents as follows:-

Valid Insurance being for Public Hire
For wheelchair access vehicles an additional appropriate insurance for non-motor personal liability
V.C.A certificate issued by the manufacturers before the vehicle was registered.
A bill of sale from the vendor is required that stipulates the vehicle has been sold to meet the standard of new Hackney Carriage vehicles for North East Lincolnshire.
A Taximeter which will be tested by the Council.

Carrying of pushchairs in Hackney Carriage Vehicles

Wheelchair access vehicles have space(s) reserved for the carrying of wheelchairs. Therefore the restraining mechanisms are designed purposely for restraining wheelchairs only. Pushchairs should be folded and secured; infants should be safely restrained in a passenger seat and not be transported in a pushchair.

6. Vehicle Requirements and fees (payment by cheque or postal order)

Deposit on licence Plate - £60.00

Vehicle Licence (Vehicle under 5 years old) - £100.00 or (Over 5 years old) - £50.00.

Vehicle Inspection £22.04

Change of Plate £22.04

Please Note

The licence plate always remains the property of the council and the deposit is refunded after the plate is returned. In addition, a licence for a vehicle is for a specific vehicle; therefore if you change your car then you must take out a new licence and replacement plate. Further information is available upon request.

7. Legislation/Conditions

The main legislation governing the trade is to be found under Sections 37 to 68 of the Town Police Clauses Act 1847 and Sections 45 to 79 of the Local Government (Miscellaneous Provisions) Act 1976.

The legislation enables the Council to attach to licence conditions as they feel are required, the conditions for Hackney Carriage and Private Hire Vehicle Licences and Private Hire Drivers and Operators Licences are set under Sections 47, 48 55 and 56 of the Local Government (Miscellaneous Provisions) Act 1976.

Breaches in Licence Conditions could result in a licence being revoked or suspended, while an offence committed under the aforementioned legislation could result in a prosecution, fine and the licence being revoked or suspended.

8. Additional Requirements and information.

On receipt of application, special appointments for knowledge tests can be considered for applicants who have reading/writing problems.

Licensed vehicles can only be driven by licensed drivers irrespective of the vehicles use at the time or location. An unlicensed driver invalidates the insurance and is committing an offence.

As from 1st July 2007 it is an offence for drivers and passengers to smoke in all types of public vehicles. This applies to both Hackney Carriage and Private Hire vehicles, irrespective of the vehicle's use at the time or location. No smoking signs must be clearly displayed in all passenger windows.