Taxi Licensing News
Seat belts
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.
Keeping your engine running
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.
Stick to the speed limits
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
| Type of vehicle | Built-up areas | Single carriageways | Dual carriageways | Motorways |
|---|---|---|---|---|
| Cars, motorcycles, car-derived vans and dual-purpose vehicles | 30mph | 60mph | 70mph | 70mph |
| Cars, motorcycles, car-derived vans and dual-purpose vehicles towing caravans or trailers | 30mph | 50mph | 60mph | 60mph |
Don't lose concentration
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.
Don't use your phone while driving
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.
Follow the Highway Code
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.
The Air Quality (Taxi & Private Hire Vehicles Database) (England & Wales) Regulations 2019
The above Act came into force on 1 May 2019. The Government department DEFRA (Department for Environment, Food & Rural Affairs) want to identify taxis and private hire vehicles entering or moving within any Clean Air Zones throughout the country. A Clean Air Zone is an area where a local authority has taken targeted action to improve air quality. In some cases vehicles will be charged to enter or move around in the Clear Air Zone if their vehicle fails to meet the required emission standards To enable this all local authorities in England and Wales from 6 January 2020 will have to share certain details on their licensed taxis and private hire vehicles to a central database.
Details of your vehicle that will be shared with DEFRA will include;
- The vehicle registration mark
- The date from which the licence has effect.
- The date on which the licence is due to expire
- A statement as to whether the vehicle is a taxi or a private hire vehicle
- Such other relevant information the licensing authority holds in relation to the vehicle
- Whether the vehicle is a wheelchair accessible vehicle
Please see the Privacy Notice on how DEFRA will use this information in relation to third party organisations.
S42 Highways Act 1988
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.
Refusing Fares on Hackney Carriage Ranks
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.
Licence Conditions - Reminders
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 Penalty Notices:
Drivers will notify the council WITHIN 48 HOURS if any of the below are applicable;
- If the driver is charged with or convicted of any criminal offence
- If the driver has been formally interviewed under caution at a police station for any offence which you are suspected of having committed
- If the driver has been cautioned for any offence
- If the driver has been convicted of a Fixed Penalty Notice, within 5 days of being endorsed on the driving licence.
If the offence is endorsed on your driving licence and /or a fixed penalty notice is issued you must also produce the licence to the licensing department within 14 days of your appearance in court OR the date the conviction was endorsed on the driving licence, whichever is the later.
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''.
Disability Awareness - Additional Training
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.
Market Place Taxi Rank, Long Eaton - Traffic Order Enforcement
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.
Merlin Way Depot appointments
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 any due payment may be deferred until a new appointment is made.
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.
Immigration Act 2016 - Right to work in the United Kingdom
The Immigration Act 2016 was introduced as law on 1 December 2016 and this has meant that we have had to make some changes to how we process new and renewal applications for all taxi drivers.
Under Schedule 5 of the Immigration Act 2016, all councils must now make sure that licences are not issued to people who do not have a right to a licence. This includes those illegally present in the UK, those not permitted to work in the UK, or those permitted to work in the UK but who are subject to a condition that stops them from holding a hackney carriage/private hire licence driver's licence.
The checks that we now have to complete are for people of all nationalities, including UK citizens and must be completed by everyone who wants to apply for a hackney carriage/private hire driver's licence or a private hire operator's licence.
This means that licensing officers will now need to see proof of right to work in the UK for every new applicant and every existing licence holder. Please see the documents on Gov.uk that will be required, or contact the licensing team if you need further information about what documents are acceptable to prove the right to work in the UK. Original documents only will be accepted. We cannot accept photocopies.
The licensing team will aim to avoid duplicating or repeatedly checking documents. However, the checks have to be done for every new applicant and also for every licence driver renewal for existing licence holders in the future.
Staying Safe whilst working
There is some important information and advice from the Department for Transport regarding staying safe whilst at work.
Taxi rank regulations
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).
Rank Etiquette
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.
Regulation reminders
We would like to remind drivers of certain regulations that are causing the licensing department some concern. Firstly the rules concerning late renewal applications - this is still happening and drivers are being taken off the road because they have not followed Council guidelines.
Secondly we would remind drivers and vehicle owners that ONLY persons holding a Hackney Carriage/Private Hire Driver's licence issued by Erewash Borough Council may drive a licensed vehicle. Spouses, other family members or friends may NOT drive the vehicle under any circumstances. Any insurance policy on the vehicle would be invalid should the vehicle be involved in an accident whilst being driven by an unlicensed driver.