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 and the measuring instruments (taximeters) regulations 2006.

“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:

1. Complete and submit to the Council an application and Statutory Declaration in the form prescribed by the Council, and
2. Pay the current fee to the Council
3. Satisfy the Council that
    
   1. The applicant is not less than 21 years of age.
       
   2. The applicant is a fit and proper person to hold such a licence.
       
   3. The applicant is medically fit to drive a private hire vehicle. The applicant must produce a certificate signed by a registered medical practitioner to the effect that they are 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 45, 50, 55, 60 and 65 years and thereafter annually unless otherwise requested by the authorised officer.
       

      The required medical standard is as per DVLA group 2 requirements.

   4. The applicant intends to drive a vehicle licensed by the Council.
       
   5. 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 them to drive a motor car).
       
   6. They have satisfactorily completed the Councils local knowledge test. .
       
   7. They have been subject to an enhanced Criminal Records Bureau  (CRB) check.
       
   8. They have satisfactorily completed any such driving test as prescribed by the Council.

Conditions of Licence

1. Licence and change of address
    
   1. The driver must not assign or in any way part with the benefit of the licence, which is issued to the individual driver.
   2. The driver must notify the Council in writing of any changes of their address during the period of the licence within 7 days of such change taking place.
   3. The driver must within 7 days of commencing work with a private hire operator notify the Council and;
   4. The driver must notify the Council within 7 days of any subsequent change of operator.
       
2. Convictions
    
   1. The driver must within 7 days disclose to the Council details of any convictions, cautions or any other orders imposed on them during the period of their licence.
       
   2. The driver must, as soon as practicable, inform the Council if they have been arrested for any of the following offences;
       
      1. Any offence involving violence.
      2. Any offence involving illegal drugs.
      3. Any offence involving dishonesty.
      4. Any sexual offence.
      5. Any serious motoring offence including drunkenness with a motor vehicle etc.
          
3. Notification of medical conditions etc
   
   The driver must, as soon as is reasonably practicable, notify the Council of any newly diagnosed medical condition which may restrict their entitlement to a drivers licence requiring a DVLA group 2 medical standard. 
    
4. Prohibition of plying for hire
    

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

   1. 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
       
   2. 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.
       
5. Driving of vehicle

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

6. Carriage of passengers

   1. The driver must 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.
       
   2. The driver must not allow there to be conveyed in the front of a private hire vehicle:-
       
      1. Any child below the age of ten years and;
          
      2. The driver must not without the consent of the hirer of a vehicle convey or permit to be conveyed any other person in that vehicle.
          
7. Carriage of animals
    
   1. The driver must not convey in a licensed vehicle any animal belonging to or in the custody of themselves or the proprietor or operator of the vehicle.
       
   2. The driver, at their own discretion, may carry any animal belonging to, or in the custody of, any passenger.  Such animal(s) may only be carried in the rear of the vehicle.
       
   3. This condition does not affect the requirements to carry assistance dogs etc, as per the Equality Act 2010.
       
8. Behaviour etc of driver
    

   The driver must at all times comply with the Tameside MBC Code of Conduct for Licensed Drivers.

9. Use of vehicle
    

   A Driver of a private hire vehicle must not use or knowingly permit the vehicle to be used or occupied by any other person or persons for any indecent, criminal or immoral purpose.

10. Badge
     

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

11. Return of badge
     

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

12. Vehicle identification plates
     

    The driver must 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.

13. Daily vehicle checks
     
    1. A daily check log must be completed by the driver of the vehicle they are responsible for at the beginning of each shift. The checks to be carried out will be:-
       • Lights and indicators.
       • Tyre tread and tyre condition.
       • Tyre pressures.
       • Wipers, Washers and Washer Fluid level.
       • Cleanliness inside and outside.
       • Bodywork Acceptable, no dents or sharp edges.
       • Licence plates present including internal plate facing inwards, visible to passengers.
       • Tariff Sheet on display.
       • Horn working.
          
    2. This information must be recorded and kept in the vehicle at all times and be made available to an authorised officer on their request as per Condition 8(c) of the councils Private Hire Vehicle Conditions.
        
    3. No pages are to be removed from the book by the driver or vehicle owner.
        
14. Taximeter
     

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

    1. 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.
        
    2. 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.
       
       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
        
15. Tampering with the taximeter
     

    The driver must 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 must not willfully break or tamper or permit any other person to break or tamper with any seal or mark placed on the taximeter or its connections.

16. Concealment of fare
    
    If a private hire vehicle being driven by the driver is fitted with a taximeter, the driver must 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).

17. Amount of fare

    The driver must 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.

18. Receipt for fare

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

19. Availability of licence conditions

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

Driver Code of Conduct

1. Responsibility to the trade

Licence holders shall endeavour to promote a positive image of the hackney carriage and private hire trade by:
i) Complying with this Code of Conduct.
ii) Complying with the Council’s Hackney Carriage and Private Hire Licensing Policy, conditions and byelaws.
iii) Behaving in a civil, professional and responsible manner at all times.

2. Responsibility to customers

Licence holders shall:
a) Maintain their vehicles in a safe and acceptable condition at all times.
b) Keep their vehicles clean and suitable for hire to the public at all times.
c) Attend punctually when undertaking pre-booked hirings.
d) Assist, where necessary, passengers entering and leaving their vehicle.
e) Take all reasonable steps to ensure the safety of passengers conveyed in the vehicle.
f) Offer passengers reasonable assistance with luggage, etc.
g) Not without the consent of the hirer play any radio or sound reproducing equipment in the vehicle other than for the purpose of sending or receiving messages in connection with the operation of the vehicle.
h) At no time cause or permit the noise emitted by any radio or sound reproducing equipment in the vehicle to be a source of nuisance or annoyance.
i) Subject to any directions given by the hirer, proceed to that destination by the shortest practicable route.
j) Comply with the requirements of the Equality Act 2010, specifically in relation to the carriage of disabled passengers.

3. Responsibility for lost property

(a) The driver must immediately after the end of every hiring or as soon as is practical thereafter carefully search the vehicle for any property which may have been accidentally left there.

(b) If any property accidentally left in a private hire or hackney carriage vehicle is found by the driver or handed to the driver then every effort must be made to return the property to its rightful owner. If the property cannot be returned to the owner then the matter should be reported to the police as soon as is practical and in any case within 24 hours of the finding. Details of where the property can be reclaimed should also be given to the police in the event of the owner being traced.

(c) Where the vehicle is on an operating system, a driver or owner must report found property to their operator at the earliest opportunity.

4. Responsibility to residents

To avoid nuisance to residents when picking up or waiting for a fare, a driver:

a) Must not sound the vehicle’s horn illegally i.e. when stationary or between the hours of 23:30 – 07:00.
b) Shall keep the volume of all audio equipment and two-way radios, etc to a minimum.
c) Shall switch off the engine if required to wait.
d) Shall at hackney carriage ranks, in addition to the requirements above, rank in an orderly manner and proceed along the rank in order and promptly.
e) At private hire offices:
i) Shall take whatever additional action is necessary to avoid disturbance to residents in the neighbourhood, which might arise from the conduct of their business.
ii) Shall park any vehicles considerately and legally.

5. Responsibility towards Council employees

Licensed drivers are expected to be polite and courteous at all times and to comply with any reasonable request made by a Licensing or Civil Enforcement Officer or Testing Mechanic. Verbal or physical abuse will not be tolerated.

6. General

Drivers:
a) Shall pay attention to personal hygiene and dress, so as to present a professional image to the public.
b) Shall be polite, helpful and professional.
c) Shall be able to speak and understand English to a reasonable standard.
d) Must drive with care and due consideration for other road users and pedestrians.
e) Must obey all Traffic Regulations and directions at all times.
f) Must not smoke at any time when inside the vehicle.
g) Must not consume alcohol prior to, or at any time whilst driving or being in charge of a hackney carriage or private hire vehicle (any amount of alcohol can affect a drivers’ judgement).
h) Must not drive having misused legal or illegal drugs (any amount of drugs can affect a drivers’ judgement) or any other intoxicants. If a driver is using prescription drugs which make them drowsy they must not drive.
i) Shall not eat in the vehicle in the presence of customers.