Taxi Licensing News

Hackney Carriage drivers -  The law states that you don't need to wear a seat belt if you're a licensed taxi driver who is 'plying for hire' or carrying passengers. Remember that you can only be plying for hire in Erewash so must wear a seatbelt if travelling for a pick up outside the Erewash area.

Private Hire drivers - If you are carrying passengers in a Private Hire vehicle you don't need to wear a seatbelt. At all other times you must wear a seatbelt.
Currently drivers in England, Scotland and Wales who do not buckle up can receive a fine of up to £500 and 3 penalty points on their driving licence.

Many drivers may not be aware that idling is already an offence under section 42 of the Road Traffic Act 1988. While you can leave your engine running in traffic, the Highway Code says: ''You must not leave a parked vehicle unattended with the engine running or leave a vehicle engine running unnecessarily while that vehicle is stationary on a public road''. Motoring agencies recommend that motorists turn off their engines if they think they are not going to move for around two minutes.

A Parking Enforcement Officer will use discretion and will in the first instance ask the driver to turn off their engine before taking any action. If this request is refused the Warden may issue a fixed penalty notice of £20 under the Road Traffic  (Vehicle Emissions) Regulations 2002). This can rise to £40 if is not paid within the time specified on the penalty notice.

Speeding is one of the main factors in fatal road accidents, so driving within the speed limit is vital. The law states that ''you must not drive faster than the speed limit for the type of road and your type of vehicle''. If you're caught speeding the minimum penalty is a £100 fine and 3 penalty points added to your driving licence

UK National Speed limits for different roads:

Under section 148 of the Highway Code safe driving requires concentration. This means it's important to eliminate anything that may distract you whilst you drive, such as smoking, eating or drinking, playing loud music or trying to read a map.

It is illegal to drive using hand-held phones or similar devices, and that this rule still applies even if you're stuck in traffic or have stopped at traffic lights. If you're caught using your phone or tablet then you could get six penalty points on your driving licence and a fine of £200.

The Highway Code was first published in 1931 and is regularly revised in order to stay up to date with current road rules and regulations. A lot of the rules are legal requirements and these include the word ''must'', so it is important to follow them to avoid breaking the law, and staying on top of the advice can help keep yourself and those around you safe.  Staying on top of all motoring do's and don'ts can not only keep you safer , it could also help to save you money.

Under section 42 of the Highways Act 1988 and Rule 239 of the Highway Code it is a road traffic offence to open any car door of a vehicle so as to injure or endanger any person. This offence is punishable with a fine of up to £1000 and the offence is not just limited to drivers of vehicles but also their passengers. In cases where a driver has parked in a way that may put greater risk to the passing public e.g. parking up on the pavement, this may leave you partially responsible if a prosecution is sought.

It is an offence to refuse any fare without a reasonable excuse, and this would normally be a case of concerns regarding your own or public safety. It is an offence under the Town and Police Clauses Act 1847. Some drivers have raised concerns that this was regularly taking place on the Market Street rank at Ilkeston and the licensing department are currently investigating these allegations.

Change of Address: Drivers will notify the council of any change of his/her address during the period of his /her licence WITHIN 7 DAYS of such a change taking place.
Convictions, Cautions and Fixed Notices

The driver must give written notification to the council (email accepted) within 48 HOURS if the driver is subject to any of the following;

• Arrest for any alleged offence (whether charged or not)
• A charge or conviction for any criminal offence
• A caution for any offence
• Is subject to any investigation by the police
• Is formally interviewed at a police station for any offence
• Issue of Magistrates Court summons
• Any form of warning or order under criminal law, including harassment or anti-social behaviour orders or similar
• Any acquittal following a criminal case heard by a court
• A Fixed Penalty Notice for any matter
• Any motoring offence
• Fixed Penalty Notices (endorsements under The Road Traffic Act 1988)
• Driver Awareness Course

Failure to notify the council of any conviction as stated above may result in the revocation or suspension of the Hackney Carriage/Private Hire driver's licence. The driver may have to attend the council's Driver's Panel to determine whether the licence will be re-issued, and whether the driver is deemed a "fit and proper person".

Drivers may wish to visit the Democracy, Disability and Society Group website for some information regarding the difficulties disabled people have when using taxis. This society are a group of people trying to break down the barriers to disabled people's inclusion in society. Their experiences have caused them to be particularly concerned about the availability of transport to get them around.
This web site is intended to help this process by showing how taxi companies, drivers and local authorities can best support disabled peoples' use of taxis and private hire vehicles. It must be stressed that this web site merely offers advice and guidance to drivers when dealing with disabled passengers. Any training involved is seen as best practice and NOT compulsory for Erewash drivers.

Taxi Driver Training Pack - Democracy Disability and Society Group

The traffic order covering the Market Place Taxi rank and the adjacent pedestrianised area are now formalised and therefore enforceable. Depending on the type of offence both the Council's Civil Enforcement Officers or the Police will be enforcing the Traffic Order.

The main points of the order that will affect taxi drivers are as follows:

• Prohibition of driving on the Market Place pedestrianised area between the hours of 10am and 4pm (so there can be no entering off the Market Place or off Union Street). Entering the pedestrianised area through these access points between the restricted hours is a moving traffic offence which will be enforced by the police.
• There is also a prohibition of waiting within this area between the same hours. Anyone found parked on the pedestrianised area is contravening the prohibition of waiting. Civil Enforcement Officers will be enforcing this contravention.
• It will also be an offence to be waiting on the taxi rank anywhere other than in one of the six marked bays. This will also of course apply to private vehicles parked on the taxi rank.
• The order will also apply to empty vehicles left on the taxi rank, both licensed and private. Drivers are reminded that if a vehicle is left unmanned on the rank and a space becomes available on the rank, the empty vehicle will hold up vehicles wishing to move forward.

Drivers and proprietors of vehicles are reminded that arriving late for appointments without prior notice may incur cancellation of the appointment and a further re-appointment charge. If suitable notice of cancellation or lateness is given, or good reason for non-attendance, then a missed appointment charge may be charged.

Please remember when calling the contact centre at Erewash Borough Council to make a note of the time of your appointment time. If in doubt please call the contact centre or the licensing office.

We would like to remind drivers of the regulations and etiquette regarding the use of hackney carriage taxi ranks:

• Only taxis are allowed to wait on a rank
• Taxis can only wait on a rank during permitted hours. These can be found in the table below
• No taxi (or any other type of vehicle) is allowed to park (and be left unattended) on a rank at any time
• When a taxi is on a rank, the driver must stay with the vehicle at all times. The only exemption is if the Police or a parking attendant give permission to leave vehicles on the ranks. (Road Traffic Orders do allow emergency service vehicles to wait on ranks for as long as necessary while attending an emergency).

We would also wish to remind drivers of taxi rank etiquette and the following conditions of their licence.

• If a rank is full, the taxi should move onto another rank
• When arriving at a rank the taxi should be positioned behind the vehicle(s) already on the rank so all vehicles are pointing the same direction (where relevant).
• When a taxi moves forward on the rank, the taxis behind must also move forward to allow another taxi to join the end of the rank (where appropriate).
• Driver's must not encourage anyone to hire their vehicle while they are waiting on the taxi rank.