Conditions For Private Hire Drivers

This page is intended to advise and assist. It is not intended to be complete and exhaustive interpretation of the law, and reference should also be made to the legislation etc. quoted. If in any doubt further advice should be sought.

The driver shall at all time comply with provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 and the conditions hereinafter provided.

In these conditions:-

“the Council” means the Council of the Metropolitan Borough of Tameside

“identification plates” means the plates issued by the Council for display on the exterior and interior of the vehicle for the purpose of identifying the vehicle as a private hire vehicle

“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

“private hire vehicle” has the same meaning as in section 80 of the Local Government (Miscellaneous Provisions) Act 1976.

“the proprietor” has the same meaning as in section 80 of the Local Government (Miscellaneous Provisions) Act 1976

“taximeter” has the same meaning as section 80 of the Local Government (Miscellaneous Provisions) Act 1976

“authorised officer” has the same meaning as section 80 of the Local Government (Miscellaneous Provisions) Act 1976.

Private Hire Driver’s Licence
Conditions of Application

Before a driver’s licence is granted the applicant must:

(i) complete and submit to the Council an application and Statutory Declaration in the form prescribed by the Council, and

(ii) pay the current fee to the Council

(iii) satisfy the Council that

(a) the applicant is not less than 21 years of age.

(b) the applicant is a fit and proper person to hold such a licence.

(c) the applicant is medically fit to drive a private hire vehicle. In this connection the applicant must produce a certificate signed by a registered medical practitioner to the effect that he/she is physically fit to be a driver of a private hire vehicle on any first application. Such medical certificate must also be produced on any application for renewal of a licence after the applicant has reached the age of 50, 56, 59, 62 and 65 years and thereafter annually unless otherwise requested by the authorised officer.

(d) the applicant intends to drive a vehicle licensed by the Council.

(e) the applicant has, for at least twelve months prior to the date of the application, held a driver’s licence (not being a provisional licence granted to the applicant under Part III of the Road Traffic Act, 1972 authorising him/her drive a motor car).

(f) satisfactorily complete the Council’s knowledge test and if required to do so, the Council’s driving test.

(g) submit to a check as to Criminal Conviction with Greater Manchester Police.

Conditions of Licence

1. Licence and change of address

(a) The driver shall not assign or in any way part with the benefit of the licence, which is personal to the driver.

(b) The driver shall notify the Council in writing of any changes of his address during the period of the licence within 7 days of such change taking place.

2. Convictions

The driver shall within 7 days of any conviction, caution etc, disclose to the Council in writing details of any conviction imposed on him during the period of the licence..

3. Prohibition of plying for hire

The driver shall not while driving or in charge of a private hire vehicle

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

(b) cause or procure any other person to tout or solicit on a road or other public place any person to hire or to be carried for hire in any private hire vehicle.
In this condition;
“road” means any highway and any other road to which the public has access including bridges over which a road passes.

4. Driving of vehicle

The driver shall not permit any other person to drive a vehicle let for hire except with the consent of the vehicle proprietor.

5. Carriage of Passengers

(a) The driver shall not convey or permit to be conveyed in a private hire vehicle a greater number of persons than that prescribed in the licence for the vehicle.

(b) The driver shall not allow there to be conveyed in the front of a private hire vehicle:-

(i) any child below the age of ten years: or

(ii) more than one person above that age.

(iii) The driver shall not without the consent of the hirer of a vehicle convey or permit to be conveyed any other person in that vehicle.

6. Carriage of Animals

The driver shall not convey in a private hire vehicle any animal belonging to or in the custody of himself or the proprietor or operator of the vehicle. 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.

7. Behaviour etc of driver

The driver shall:-

(a) afford at all reasonable assistance with passengers luggage.

(b) at all times be clean and respectable in his dress and person and behave in a civil and orderly manner.

(c) take all reasonable steps to ensure the safety of passengers conveyed in, entering or alighting from the vehicle driven by him.

(d) not without the express consent of the hirer smoke, drink or eat in the vehicle.

(e) 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

(f) at no time cause or permit the noise emitted by any radio or other previously mentioned equipment in the vehicle which he is driving to be a source of nuisance or annoyance to any person, whether inside or outside the vehicle.

8. Punctual attendance

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 he 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.

9. Route

The driver, when hired to drive to any particular destination, shall subject to any directions given by the hirer proceed to that destination by the shortest practicable route.

10. Lost Property

The driver 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 there.

11. Use of Vehicle

A driver of a private hire vehicle shall not himself use of knowingly permit the vehicle to be used or occupied by any other person or persons for nay indecent or immoral purpose.

12. Badge

The driver shall at all times when driving a private hire vehicle, wear in a conspicuous position the driver’s badge issued to him by the Council

13. Return of badge

The driver shall upon expiry (without immediate renewal), revocation or suspension of this licence forthwith return to the Council the driver’s badge issued to him by the Council when grating this licence.

14. Vehicle Identification Plates

The driver shall not conceal from public view either the exterior identification plate of the private hire vehicle or the details painted or marked thereon, or the interior plate displaying the private hire vehicle licence number, and will keep the identification plates in a clean condition.

15. Signs

The driver shall not cause or suffer or permit to be displayed in, on or from any vehicle any sign, notice or advertisement which consists of or includes the words “Taxi”, “Tax” or “Cab” whether in the singular or plural or the words “Mini Cab”, “Public Hire Car”, “For Hire” or any other word or words of similar meaning or appearance whether alone or as part of another word or phase or any other word or words likely to cause a person to believe that any private hire vehicle or vehicles operated by him, is or are a hackney carriage or carriages, provided however that the display on the vehicle, front door panels and front windscreen only, of a sign containing the words “ADVANCE BOOKINGS ONLY” in conjunction with the name and telephone number of the operator, which uses letters at least 2” high and gives the words “ADVANCE BOOKINGS ONLY” equal size and prominence as the others, shall not of itself be deemed to be a breach of this condition.

16. Taximeter

The driver of a private hire vehicle provided with a taximeter shall:-

(a) when not hired, keep the key, flag or other device fitted in pursuance of the Council’s conditions in that behalf locked in the position in which no fare is recorded on the face of the taximeter.

(b) as soon as the vehicle is hired by distance at the meter tariff rate of fare 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 work “HIRED” is legible on the face of the taximeter and keeping 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 throughout any part of a hiring which is during the hours of darkness as defined for the purposes of the Road Traffic Act 1972 and also any other time at the request of the hirer.

17. Tampering with the Taximeter

The driver shall not tamper with or permit any other person to tamper with the taximeter or its fittings or connections after it has been fitted to the vehicle and sealed by an authorised officer, and shall not wilfully break or tamper or permit any other person to break or tamper with any seal or mark placed on the taximeter or its connections

18. Concealment of fare

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 fair (unless credit is to be given).

19. Amount of fare

The driver shall not demand from any hirer of a private hire vehicle a fare in excess or any previously agreed for that 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 taximeter

20. Receipt for fare

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

21. Availability of Licence Conditions

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