Conditions attached to the issue of a drivers licence

Definitions

"The council" means the council of the Borough of Chorley.

"Identification plate" means the plate issued by the council for the purpose of identifying a licensed vehicle as a hackney carriage or private hire vehicle.

"The Proprietor" has the same meaning as in Section 80 of the Local Government (Miscellaneous provisions) Act 1976.

"The Operator" means a person holding a licence to operate private hire vehicles issued pursuant to Section 55 of the Local Government (Miscellaneous provisions) Act 1976.

"Taximeter" has the same meaning as in Section 80 of the Local Government (Miscellaneous provisions) Act 1976.

Convictions

2. The licensee shall notify the council in writing of any conviction or caution recorded against him/her and/or the imposition of any endorsable or non-endorsable fixed penalty within 7 days of such conviction or caution or penalty being imposed.

Drivers

3. The licensee shall not cause or procure or permit any other person to drive a licensed hackney carriage or private hire vehicle of which he/she is in charge except with the consent of the proprietor of the hackney carriage or private hire vehicle respectively.

Conduct

4. The Driver shall:

• afford all reasonable assistance with passengers' luggage
• at all times be clean and respectable in his/her dress and person and behave in a civil and orderly manner
• take all reasonable steps to ensure the safety of passengers conveyed in,     entering or alighting from the vehicle driven by him/her
• not without the express consent of the hirer, drink or eat in the vehicle
• not without the express consent of the hirer play any radio or sound reproducing instrument or equipment in the vehicle other than for the purpose of sending or receiving messages in connection with the operation of the vehicle.
• at no time cause or permit the noise emitted by any radio or other previously mentioned equipment in the vehicle which he/she is driving to be a source of nuisance or annoyance to any person, whether inside or outside the vehicle.

Identification plate

5. The licensee shall not conceal the exterior identification plate of the vehicle or the details painted or marked thereon, and will keep the identification plate in a clean condition.
6. The plate showing the licence number and the maximum numbers of passengers must be displayed in the manner prescribed by the Council.  This plate should be on the outside of the vehicle and fixed in such a way that any Authorised Officer or Police Constable may, in certain circumstances, remove it.  

Driver licence

7. The licensee shall deposit his licence to drive issued by the council with the proprietor/operator for which the vehicle is being used during the time it is so used for that proprietor/operator.
8. Drivers licences are issued for a period of 3 years. 
9. Every driver of a licensed vehicle must be licensed by the District Council (Section 46 LG(MP)A).

A council cannot grant a licence unless it is satisfied that the applicant:

• is a 'fit and proper person'
• has held a full ordinary EU driving licence, for at least 12 months, for motor cars.  (It is Council policy that an applicant must be over 21 years of age and must have three years experience driving under a full licence)
• is medically fit to drive a licensed vehicle (Section 51 and 57 LG(MP)A) and has been assessed to DVLA group 2 standards by a doctor that has access to the applicants medical records as necessary
• has produced an enhanced Disclosure and Barring Service Certificate
• has passed the Councils knowledge test
• has successfully completed the training requirements as follows: 

All drivers must pass the DVSA Practical Driving Test for Taxis and Private Hire Vehicles or equivalent Council Approved Test. Those that wish to operate a wheelchair accessible vehicle must pass the Enhanced Wheelchair Assessment also.
Safeguarding and CSE Awareness Training.

• submitted a completed application and has paid the relevant fee. 

Drivers badge

10. The Driver's badge provided by the Council shall be worn by the driver of a vehicle in such position and manner as to be plainly visible.

The badge need not be worn if:

• the vehicle is being used in connection with a wedding or funeral
• the vehicle is carrying written permission from the Council that the plate need not be displayed (Section 75 LG(MP)A)

On revocation or suspension of the driver's licence, the badge must be returned to the Council on demand (Section 61 LG(MP)A).

Prolongation of journeys

11. A driver must proceed by the shortest route, subject to the instructions of the hirer (Section 69 LG()MP)A).

Accidents

12. All accidents, however minor, must be reported to the owner/proprietor who, in turn, must report the incident to the Council as soon as is reasonably practicable and in any event within 72 hours.

Smoking

13. It is an offence for the driver or passengers to smoke in a licensed vehicle at any time.

Suspension and revocation of drivers licence

14. The Council may suspend or revoke or refuse to renew any licence on the following grounds:

• the commission of an offence involving dishonesty, indecency or violence
• the commission of an offence under LG(MP)A
• any other reasonable cause (Section 61 (LG(MP)A).

Drivers of licensed vehicles must be licensed

15. Once a vehicle is licensed every driver of that vehicle whether it be used for business or pleasure, must possess a current drivers' licence from the Council who licenses the vehicle.

Hirers property

16. The licensee shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the licensed vehicle for any property which may accidentally have been left therein.
17. The licensee of a licensed vehicle shall if any property is accidentally left therein by any person who may have been conveyed in the licensed vehicle and be found by or handed to him/her carry it, as soon as possible and in any event within 24 hours if not sooner claimed by or on behalf of its owner, to a Police Station in the district in order to receive instructions from the Police regarding its custody.

Passengers

18. The licensee shall at all times when a licensed vehicle is hired take all reasonable steps to ensure the safety of passengers converted therein and persons entering and alighting from the licensed vehicle.
19. The licensee shall allow only one passenger to be carried in the front of the licensed vehicle beside the driver.
20. The proprietor/licensee shall not permit the Hackney Carriage/Private Hire Vehicle to be used to carry a greater number of passengers than that prescribed in the licence.

NOTE: It must be remembered that a licence is issued for a maximum number of passengers, be it 4, 5 or 8 (regardless of age or size) and it is an offence to carry more than the number licensed for, (this may also invalidate the vehicle insurance).  The allowance of two children under the age of ten being counted as one person is only for the purpose of the fare charged and not for increasing the number of persons being carried as passengers.

'All passengers and drivers must comply with current seat belt regulations'

Animals

21. The licensee shall not permit any animal to ride in a licensed vehicle except an animal in the custody or control of the hirer. The animal shall be conveyed in the rear of the vehicle.
22. The licensee must carry a guide, hearing or other prescribed assistance dog belonging to a passenger, free of charge, unless the driver has a proven medical condition that would preclude such action.  Drivers have a responsibility to ensure that they apply for an exemption from the Council, providing the necessary medical evidence for such a request.

Change of address

23. The licensee shall notify the Council in writing of any change of his/her address within 7 days of such change taking place.

Records books and receipts

24. A record book must be kept at all times in the vehicle to show when a receipt is issued.  A receipt must be given if requested and each receipt must show the licence number of the driver, the date and the amount charged.

Touting

25. The licensee shall not while driving or in charge of a licensed vehicle:

• tout of solicit in a public place any person to hire or be carried for hire in any licensed vehicle
• cause or procure any other person to tout or solicit in a public place any person to hire or be carried for hire in any licensed vehicle.

In this condition:

"public place" includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise).

Cheques

26. A licence in respect of which the licence fee has been paid by cheque shall not be effective until the cheque has been cleared.

Fares and Tariff cards

27. The licensee shall not demand a fare in excess of that previously agreed between the hirer and the operator at the time of booking. The tariff may vary to that set by the Council, but a Table of Fares MUST be clearly displayed for the benefit of passengers.
28. The tariff for Taxis is set by the Council.  All tariffs are a maximum, which may not be exceeded.  A card showing the tariff MUST be clearly displayed in the vehicle. 

Illness or injury

29. A Licensee must immediately inform the Council in writing of any deterioration in health or of any injury that would affect the licensee's ability to drive Hackney Carriage or Private Hire Vehicles.  (This is in addition to the requirement of Section 94 of the Road Traffic Act 1988 requiring any driver to notify the Secretary of State of any relevant disability.

Radio scanners and mobile phones

30. The driver shall not fit, carry or use any radio frequency scanning apparatus in or on a licensed vehicle.
31. The driver may only use a mobile phone that has single touch or voice activation hand free system.

Published 2016