Taxi Licensing
On Friday 16 February 2024 the Licensing and Public Protection Committee approved fees and charges for hackney carriage and private hire licensing to come into force on 1 April 2024. See these on the taxi licensing fees page.
The whole licensing process is created for the safety of the public by ensuring that the vehicles we license are safe, reliable and efficient and that the drivers we license are deemed 'fit and proper'.
Driver, Vehicle and Operator licences are issued by Erewash Borough Council. This enables the Council to control and monitor Taxi and Private Hire licensing within the Erewash area, to provide safety for passengers through regular checks on drivers and vehicles, and to respond to any complaints from service users.
Taxis & Private Hire Vehicles (Safeguarding and Road Safety( Act 2022
The Government has now made legislation that the remainder of the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 is now in force.
This means that it is now mandatory for all licensing authorities in England to use the National Register for Revocations, Refusals and Suspensions (NR3S). Licensing authorities in England must:
- Record refusals, suspensions and revocations of taxi and private hire vehicle driver licences relating to safeguarding or road safety reasons.
- Search the NR3S database for every application for a new or renewed taxi and private hire vehicle driving licence and have regard to any information found.
This is in addition to the requirements that came into effect in May 2022 which require licensing authorities in England to:
- Report serious safeguarding and road safety concerns about licensed drivers operating in their area but licensed by another authority to the relevant licensing authority.
- Consider suspending or revoking a driver’s licence if another GB licensing authority reports a serious safeguarding or road safety concern and inform the reporting authority of its decision.
The full announcement is available on GOV.UK and statutory guidance to assist licensing authorities in complying with the new law is also available on GOV.UK.
Taxis and Private Hire Vehicles (Disabled Persons) Act 2022
On 28 June, the Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (“The 2022 Act”) will take effect in England, Scotland, and Wales . It will amend the Equality Act 2010 to introduce new, and amend existing, duties for local authorities and taxi and private hire vehicle (PHV) drivers and operators alike. The 2022 Act aims to ensure that disabled people can use taxi and PHV services with confidence that they will not be discriminated against, and local authorities have an important role to play in ensuring the requirements are implemented effectively.
Lists of Wheelchair Accessible Vehicles (WAVs) From 28 June, all licensing authorities must maintain and publish a list of licenced taxis and PHVs they designate as being wheelchair accessible. This will identify the vehicles whose drivers are subject to the duties at section 165 on providing assistance to wheelchair users and refraining from charging extra for this.
The existing legislation requires drivers of designated wheelchair accessible vehicles to accept the carriage of wheelchair users, provide them with reasonable mobility assistance, and refrain from charging them more than other passengers. From 28 June, all taxi and PHV drivers and operators – regardless of whether the vehicle is wheelchair accessible – will be subject to duties under the Equality Act. The main changes are set out below.
Taxi and PHV drivers will be required to:
• Accept the carriage of any disabled person, provide them with reasonable mobility assistance, and carry their mobility aids, all without charging any more than they would for a non-disabled passenger.
• Provide any disabled passenger who requests it with assistance to identify the vehicle, at no extra charge.
. PHV operators will be required to:
• Accept bookings for or on behalf of any disabled person, if they have a suitable vehicle available.
Disabled people should be able to travel by taxis and PHVs free from any fear of discriminatory treatment. The changes introduced through the 2022 Act will provide disabled passengers with the reassurance that they will receive appropriate assistance, wherever they travel, without being charged extra, and I am grateful to you for taking prompt action to ensure these duties are implemented effectively.
Tax Conditionality for Taxi drivers and Private Hire Operators
The government is putting in place new tax requirements for applications to certain licences from 4 April 2022. This is supported by a new digital service, being developed by HMRC. It helps people in the taxi and private hire industries to complete a new tax check.
Most people are registered to pay tax and this is about ensuring everyone pays the tax they should, creating a level playing field for the compliant majority. HMRC are working with industry bodies to make this as straightforward as possible. The check should take a few minutes every few years and is simply to confirm that someone is appropriately registered for tax.
You’ll need to complete a tax check when you renew your licence as a:
- driver of a taxi (hackney carriage)
- driver of a private hire vehicle (and dual licences)
- private hire vehicle operator
Please refer to the Tax Check Factsheet so you understand what is required as this will apply to all renewals and new applicants.
If you have any further questions, please find more information at Changes for taxi, private hire or scrap metal licence applications from April 2022 or contact the Licensing Team.
Hackney Carriage/ Private Hire Driver's Licence
We issue a combined licence enabling drivers to drive both types of licensed vehicle. It is our duty to ensure that the licensed drivers are suitable and the application process includes consideration of driving and criminal convictions. Information on applying to be a Taxi driver is on our Taxi Licensing - Becoming a Taxi Driver page.
Driving tests, criminal record checks, knowledge tests and medical checks are all undertaken for each applicant to ensure that our licensed drivers are of an acceptable standard.
Hackney Carriage/Private Hire Vehicle Licence
There are two types of vehicle licence, a Hackney Carriage licence and a licence for Private Hire vehicles.
The main difference between the two types of vehicle is that a Hackney Carriage can be flagged down and can wait at designated taxi ranks whereas a Private Hire vehicle must be pre-booked by telephone or personal call.
What is a Hackney Carriage?
- A Hackney Carriage can stand and wait on an authorised taxi rank
- It will display a yellow plate to the front and rear of the vehicle
- It can ply for hire or be hailed by prospective passengers in the controlling district
- It must be driven by a licensed Hackney Carriage Driver at all times whether or not the vehicle is working
- Ilkeston and Long Eaton zone Hackney Carriages must have a fare meter and illuminated roof ''for hire'' sign.
What is a Private Hire vehicle?
- It must be pre-booked with a licensed Private Hire Operator
- It will display a white plate on the front and rear of the vehicle
- It cannot stand on a rank and cannot ply for hire
- It must not operate independently from a Private Hire Operator
- A Private Hire vehicle must be driven by a licensed Private Hire driver
- There are no regulations with regard to fares in Private Hire vehicles but it is advised that the cost of hiring should be agreed prior to the journey commencing.
Both types of vehicle are subject to mechanical testing and all vehicle documents are checked including appropriate insurance prior to the licence being issued.
What is the Taxi Fare?
If you have any queries regarding any of the Council's fees please contact the licensing section using the details above.
Private Hire Operator's Licence
An Application Form for a Private Hire Operator's licence is required to enable a Private Hire vehicle to be despatched to a customer. Anyone that runs a private hire vehicle must either be attached to a Private Hire Operator or have an Operator's licence themselves.
Any company running only hackney carriage vehicles do not require a Private Hire Operator's licence.
'Operate' has been defined in the act as follows: "Operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle'.
Changes to Legislation - Equality Act 2010 - Transporting wheelchair users and assistance dogs
The Equality Act 2010 places licensed drivers under a legal duty to transport wheelchair users and assistance dogs as required. Further details are outlined below.
Accessibility for wheelchair users in licensed vehicles
Legislation aims to prevent discrimination against wheelchair users by hackney carriage and private hire drivers.
The Equality Act 2010 provides Licensing Authorities with the power to make a list of wheelchair accessible vehicles so wheelchair users are made aware of the accessibility of hackney carriages and private hire vehicles within the Borough of Erewash.
Drivers of hackney carriages and private hire vehicles designated by the licensing authority as being wheelchair accessible must comply with the Equality Act 2010, unless they have been issued with an exemption certificate (see below).
The duties under section 165 are:
- to carry the passenger while in the wheelchair
- not to make any additional charge for doing so
- if the passenger chooses to sit in a passenger seat to carry the wheelchair
- to take such steps as necessary to ensure that the passenger is carried in safety and reasonable comfort
- to give the passenger such mobility assistance as is reasonably required.
Mobility assistance is defined as:
- to enable the passenger to get into or out of the vehicle
- if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair
- to load the passenger’s luggage into or out of the vehicle
- if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.
It is an offence for a driver of a wheelchair accessible vehicle not to comply with the above duties. Any failure to comply with these duties will be treated very seriously and may result in prosecution and/or referral to the Drvers' Licensing Panel for consideration of their private hire driver’s licence.
Section 166 of the Equality Act 2010 allows the Licensing Authority to exempt drivers from the duties to assist passengers in wheelchairs if they are satisfied that it is appropriate to do so on medical grounds or because the driver's physical condition makes it impossible or unreasonably difficult for him or her to comply with the duties.
Any driver of a hackney carriage or private hire vehicle on the designated list may submit a request for an exemption from the section 165 duties by completing an application form and undertaking a medical examination. Medical evidence from the driver's own doctor will be required in support of the application. If ta driver obtains an exemption from these requirements then a 'Notice of Exemption' must be displayed on the front windscreen.
Taxis are those available for immediate hire from ranks within the Erewash District. Any private hire vehicles can be pre-booked via the operator (Subject to availability). It may be advisable to contact the operator before booking to see whether a vehicle satisfies your requirements if you think your wheelchair may exceed the average dimensions of a 'reference' wheelchair'.
The regulations regarding the carrying of assistance dogs
The Act requires drivers to carry guide dogs (and other assistance dogs) at no extra cost. Furthermore, the driver or operator must not treat the assistance dog owner less favourably because of their impairment.
A driver can apply to be exempt from this requirement, but only if they have a genuine medical condition and this is supported by sufficient evidence. Under such circumstances the council may exempt the driver from the requirement to carry assistance dogs. If an exemption has been issued to the driver then a Notice of Exemption must be prominently displayed on the front windscreen.
A guide to assistance Dogs in the UK can be seen on Transport for London's website.
If you are a member of the public wishing to make a complaint under the Equality Act 2010 please contact the licensing authority using the number at the bottom of the page.
Further information or advice about Hackney Carriage and Private Hire Licensing can be obtained from the Licensing Department:
Erewash Borough Council
The Civic Centre
Derby Road
Long Eaton
NG10 1HU
Call: 0115 9071110
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.