Hackney carriage and private hire newsletter August 2013
Changes to background checks From the 17th June 2013 the Disclosure and Barring Service (DBS), formally the Criminal Records Bureau (CRB), changed the way individuals use their criminal record check and how employers check their suitability. Individuals can apply to have their criminal record check kept up to date and employers are able to go online to see if the information released is still current and valid. This is intended to reduce the number of criminal record checks people need to have, saving everyone time and money.
Taxi rank relocation
Anyone who applies for their criminal record check can choose to subscribe to the new update service for £13 per year. This will enable you to keep your criminal record certificate up to date so that you can take it with you from role to role within the same workforce. Employers will benefit too, as they will be able to carry out free, instant online checks on an individual’s certificate (with their consent) to check that it’s up to date. The changes however, will mean that the registered body (in this instance the licensing department), will not receive a copy of your criminal records certificate directly from the DBS. The certificate will come directly to you, and we will be reliant on you producing the certificate or if you have subscribed to update on line, giving us permission to view the details. With the above in mind we have found it necessary to amend our administration procedures in relation to driver renewals. A renewal packs will be sent to you two months in advance of your expiry date, and a disclosure and barring application form will be enclosed. You will then need to complete all of the necessary forms and make an appointment to have the application to the DBS verified as soon as possible to ensure that the results are back with you before the expiry of your licence. The licence will not be renewed until either the certificate has been forwarded to the licensing department, or you have given us permission to do an online check. The above changes have also increased the urgency to fully implement the 3 years drivers licence as requested by the trade and approved by the Licensing Regulatory Committee. With that in mind from the end of August 2013, anyone who renews their licence, and is due a medical, must also do a DBS check and pay for a three year licence.
www.lancaster.gov.uk/taxi
News in Brief On the 12th July 2013 at Lancaster Magistrates Court Arif Patel from Preston pleaded guilty to plying for hire in a vehicle not licensed in this district and to driving a motor vehicle without having the correct third party motor insurance. He was fined a total of £582 including costs and he received 6 penalty points on his DVLA licence. Mr Patel is a licensed hackney carriage driver at Preston and on the 13th June he thought he’d chance his luck at Lancaster train station. Officers were alerted of this and carried out a mystery shopping exercise on Mr Patel who agreed to take the fare. Although Mr Patel did have insurance for his vehicle, the fact that he was operating illegally had rendered that insurance invalid.
LRC decisions The following recent decisions have been made by the city council’s Licensing Regulatory Committee
Dress Code The Licensing Regulatory Committee recently rejected a proposal to consult with members of the trade on and amendment to the Rules, Regulations and Procedures for hackney carriage and private hire licensing in relation to dress code for drivers. Members determined that there was no requirement to introduce a dress code.
No More Taxi Liaison Group Members of the LRC resolved to abolish the Taxi Liaison Group and hold four proprietors forums per year instead. This will enable more of the trade to engage with members of the LRC and it is hoped this will encourage participation by a wider group of the trade than has been the case with the TLG. Members will also set up a Taxi Task Group (TTG) which will involve members of the LRC, council officers members of the trade and any other stakeholders will be invited from time to time if required dependant on the subject matter and input required.
Quantity Restrictions The LRC determined at a recent meeting that following a full consultation on whether quantity restrictions in relation to hackney carriage vehicles should be removed in favour of wheelchair accessible vehicles, there should be no change to the status quo at this time and that quantity restrictions should remain in place. With that in mind an Unmet Demand survey will be carried out at the end of this year. Expressions of interests form companied that carry out these types of surveys has been requested by the licensing manager.
Driver Medical Checks Members of the committee approved an amendment to the Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing in relation to drivers medical checks. All future checks must be carried out by the applicant’s own GP or someone from the GP practice. Alternatively the applicant’s own GP can appoint another GP to carry out the check, however a declaration must be signed by both GPs to confirm that medical records have been released to the agent GP.
www.lancaster.gov.uk/taxi
Plying for hire At the Forum meeting in April, information was requested about the legal definition of “plying for hire” and how this affects where licensed vehicles might lawfully park when not hired.
Hackney Carriages
Private Hire Vehicles
A hackney carriage licence is, under Section 37 of the Town Police Clauses Act 1847, a licence “to ply for hire within the prescribed distance”
There is nothing in the legislation to prevent a private hire vehicle from parking lawfully anywhere that a private vehicle could lawfully park, to await a booking made via the operator, provided that the vehicle is not plying for hire.
Whether or not a vehicle is plying for hire will depend on the particular facts and circumstances. Most of the case law relating to plying for hire involves private hire vehicles or unlicensed vehicles, rather than licensed hackney carriages. In summary, it is recognised that licensed hackney carriages may: - stand on an appointed taxi rank - be hailed in the street - carry out work under a pre-booked contract A vehicle will only be plying for hire if it is exhibited to the public as a vehicle which may be hired, and is available for immediate hire without a pre-booking being made. If plying for hire in any street, not on a rank and not actually hired, a licensed hackney carriage must, in accordance with Byelaw 7 of the Council’s byelaws, proceed with reasonable speed to a taxi rank, and if that rank is occupied by the full number of carriages authorised to occupy it, proceed to another rank. The byelaws apply to hackney carriages only. They are made under the Town Police Clauses Act 1847 and Public Health Act 1875, legislation which applies to hackney carriages only. They have to be approved by the Secretary of State, and should follow the Department for transport’s Model Byelaws. The current Model Byelaws produced by the Department for Transport are the same as the Council’s current byelaws, with the exception that the byelaw relating to smoking is no longer included in the Model as this is covered by other legislation. They do not therefore need updating. If waiting to undertake a booking, a hackney carriage may wait on a rank (but whilst there, must be available to take a passenger from the rank), or should be parked somewhere where it is not plying for hire. It will be deemed to be plying for hire (and therefore in breach of the byelaws) if the vehicle is exhibited to members of the public using the highway, and is available for immediate hire. Hackney carriages which are awaiting a booking and are not proceeding to a rank, and are not available for hire, may park anywhere that a private vehicle could lawfully park, but this should be away from areas where members of the public are likely to be seeking a hackney carriage and they should not be available for immediate hire.
A private hire vehicle should, if possible, not park near areas where members of the public are likely to be seeking a hackney carriage. Private hire vehicles may not ply for hire at any time. There is no single definition of plying for hire. The case law has developed over a number of years, and it will be a matter of fact and degree in each case. A vehicle will only be plying for hire if it is exhibited, and available for immediate hire without a pre-booking being made. The length of time that a private hire vehicle is parked is irrelevant. The test of whether or not the vehicle is available for hire is based on the intentions of the driver, as evidenced by his actions if approached by a prospective passenger. A prospective passenger may make a booking with the operator by telephoning the number on the vehicle, and can then be directed by the operator to the vehicle, because the driver had no involvement in the booking process. If the driver is approached by the prospective passenger, he must state that a booking must be made, but may direct the passenger to the operator by providing the operator’s telephone number. The driver must not take an active part in the booking process, for example by using his radio, or providing a mobile phone directly linked to the operator. There is no statutory provision for the making of byelaws which apply to private hire vehicles.
www.lancaster.gov.uk/taxi