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Taxi and Private Hire Information, Policy and Conditions Updated 1 April 2015 Stroud District Council: First Adopted Stroud District Council Index General Page Introduction 5 Objectives 5 Future
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Taxi and Private Hire Information, Policy and Conditions Updated 1 April 2015 Stroud District Council: First Adopted Stroud District Council Index General Page Introduction 5 Objectives 5 Future Amendments to Policy and Conditions 5 General Differences between Taxis and Private Hire 5 Licences issued by Stroud District Council 6 Application Forms 6 Expired Licences 6 Right of Appeal 6 Payment methods 7 How Can I Pay? 7 Contact Details 7 Taxi and Private Hire Drivers 1. Taxi and Private Hire Drivers Application Requirements New Application Renewal Application Taxi and Private Hire Drivers Stroud District Council Policy Duration of Licence Medical Criteria Requirement to return Driver Badge Notification of Changes Convictions, Cautions and Fixed Penalties Code of Conduct Dress Code Lost Property Taxi and Private Hire Drivers - Requirements under Legislation Equality Act Guide Dogs Smoke Free Legislation 14 Taxi Vehicles 4. Taxi Vehicles - Application Requirements New Application Renewal Application Transfer of Ownership Application Change of Vehicle Application Change of Registration of Vehicle Application Taxi Vehicles Stroud District Council Policy Vehicles Converted Vehicles (including wheelchair accessible vehicles) 17 Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 1 Stroud District Council 5.3 Wheelchair Accessible Vehicles Stretched Limousines Taxi Vehicles Stroud District Council Conditions Vehicle Testing Vehicle Plates Roof Signs Fire Extinguisher First Aid Kits CCTV Luggage Seatbelts Meter Fares Advertising Third Party Advertising Hackney Carriage Bylaws Taxi Vehicles - Requirements under Legislation Duration of Licence Number of Passengers permitted A Taxi must by a driven by a licensed Taxi Driver Change of address or details of Licence Notification of accidents Smoke Free Legislation Seat Belt and Child Restraint Legislation Sale of Alcohol 27 Private Hire Vehicles 9. Private Hire Vehicle Application Requirements New Application Renewal Application Transfer of Ownership Application Change of Vehicle Application Change of Registration of Vehicle Application Private Hire Vehicles - Stroud District Council Policy Vehicles Converted Vehicles (including wheelchair accessible vehicles) Wheelchair Accessible Vehicles Stretched Limousines Private Hire Vehicles - Stroud District Council Conditions Vehicle Testing Vehicle Plates Plate Exemptions Roof Signs Fire Extinguisher First Aid Kits CCTV Luggage 34 Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 2 Stroud District Council 11.9 Seatbelts Meter Advertising Third Party Advertising Change of Address or Details of Licence Private Hire Vehicles - Requirements under Legislation Duration of Licence Private Hire Vehicle must not look like a Taxi Number of Passengers permitted Private Hire Vehicle must be operated by a Private Hire Operator 35 and driven by a Private Hire Driver Notification of accidents Smoke Free Legislation Seat Belt and Child Restraint Legislation Sale of Alcohol 36 Private Hire Operators 13. Private Hire Operators - Application Requirements New Applications Renewal Applications Private Hire Operator - Stroud District Council Conditions Duration of Licence Convictions, Cautions and Fixed Penalties Change of Address or Details of Licence Responsibility for Drivers and Vehicles Accepting Bookings Records Advertising Standard of Service Location of Operator Base Premises Private Hire Operators - Requirements under Legislation Drivers and Vehicles Records Sub-contracting Smoke Free Legislation Disability Discrimination Act Bookings made by Disabled Persons accompanied 41 by Assistance Dogs 15.7 Planning Permission Sale of Alcohol Glossary 43 Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 3 Stroud District Council 17. Annexes: Criminal Convictions Policy 2. Plate Exemption Policy 3. Knowledge Test 4. Authorised Garage Policy 5. Relevant Contact Details 6. Amendments to this Document The Licensing Section has also produced separate fact sheets on application fees, taxi fares and approved garages, please contact the Licensing Section for a copy. Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 4 General General Introduction The Council has the responsibility to regulate and control all operators, drivers and vehicles used for carrying passengers for hire and reward within the Stroud District under the provisions of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act This document includes Stroud District Council s Policy and Conditions with regard to taxi (hackney carriage) and private hire licensing and will provide guidance to applicants and other interested parties, officers and Members on the approach the Council will take on taxi and private hire licensing matters. For the purposes of this document, hackney carriage vehicles will be referred to as taxis. Additionally, this document provides guidance on legislation and other issues that have impact on taxi and private hire licensing. Objectives In setting out its Policy, the Council seeks to promote the following objectives:- a) The protection of public; b) The establishment of a professional and respected taxi and private hire trade; c) Access to an efficient and effective public transport service. Future Amendments to Policy and Conditions All licences are granted subject to compliance with the Policies and Conditions contained within this document. This document was approved by Full Council on 24 February 2011 and came into force on 1 April 2011 The document may be amended and republished from time to time to take account of changes in legislation and for minor amendments. However any such changes or amendments that impact on the Policies and Conditions in this document shall first be considered by the Council for approval. General Differences between Taxis and Private Hire There are two types of vehicle that carry fare paying passengers that are licensed by Stroud District Council. They are taxi and private hire. The main differences between the two types of vehicle are that: Taxis can be flagged down and use designated taxi ranks whereas private hire must be booked in advance of a journey. Taxis must have a meter and the maximum tariff (fare) is set by the Council. The Council does not control the tariff for private hire vehicles. Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 5 General The maximum number of passengers that a taxi or private hire vehicle can be licensed to carry is 8. Licences issued by Stroud District Council There are five types of Licence issued by Stroud District Council. 1. Taxi and Private Hire Drivers Licence This is a dual licence that allows you to drive both taxi and private hire vehicles. You can apply for a 1 year or 3 year licence. 2. Private Hire Drivers Licence This licence allows you to drive a private hire vehicle only. You can apply for a 1 year or 3 year licence. 3. Private Hire Operators Licence If you take bookings for a private hire business, you must have a private hire operator s licence. You can apply for a 1 year or 5 year licence. 4. Taxi Vehicle Licence As a taxi operator, you must have a taxi vehicle licence for each taxi you own. You do not require a separate operator s licence for a taxi. The licence will be granted for 1 year only. 5. Private Hire Vehicle Licence You must have a private hire vehicle licence for any vehicle, other than a taxi mentioned above, that you use for private hire. A private hire vehicle must be operated under a private hire operator licence. The licence will be granted for 1 year only. Application Forms Application forms and associated documents are available from the Licensing Section or from the Council s website Expired Licences The Council does not have a legal obligation to notify you when your licence is due to expire. However, as a matter of courtesy, the Licensing Section will send you a reminder approximately four weeks in advance of the date of renewal. Right of Appeal With two exceptions there is a right of appeal in relation to driver, vehicle and operators licences for the following: An application for a new licence or renewal of a licence is refused by the Council, An existing licence is suspended or revoked by the Council, Any conditions imposed on the licence The appeal must be lodged within 21 days of the decision being notified to the applicant or licence holder. Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 6 General The exceptions are: Where an application for a hackney carriage vehicle licence is refused the right of appeal is to the crown court Where the Council suspends a hackney carriage or private hire vehicle licence under section 68 (suspension in a situation where on inspection of the vehicle the Police or Council are not satisfied to the fitness of the vehicle or accuracy of the meter) there is no right of appeal Payment methods Current fees for each licence type are listed in a fact sheet and detailed on the application forms. Payment may be made by the following methods: Cheque - made payable to Stroud District Council . Debit or credit card Cash How can I pay? In Person - At Ebley Mill. There is an automated payment machine available during opening hours that will accept cash, debit/credit card payments or cheque. By Post - payment by cheque should be sent to the address below Contact Details: Licensing Section Stroud District Council Ebley Mill Ebley Wharf Gloucestershire GL5 4UB Tel: / Fax: Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 7 Taxi and Private Hire Drivers Taxi and Private Hire Dual Driver s Licence and Private Hire Driver s Licence 1. Taxi and Private Hire Drivers - Application Requirements The following apply to Taxi and Private Hire Dual Driver s Licences and Private Hire Driver s Licences. The dual driver s licence permits the driver to drive both taxis and private hire vehicles. The private hire driver s licence permits the driver to drive private hire vehicles only. 1.1 New Application You must have, immediately prior to applying, held a full valid driving licence for at least 12 months authorising you to drive a motor car in the UK. You must be 18 years of age or over. You have the option to apply for a licence that lasts for 1 year or 3 years. The application process is the same but the fee is higher for a 3 year licence. An application cannot be granted unless the Council is satisfied that you are a fit and proper person to hold a taxi or private hire driver s licence. There is no judicially approved test with regard to assessment of fit and proper person. However, when determining whether a driver is fit and proper, the Council will consider, amongst other things; the applicant s relevant skills, knowledge, experience, qualifications, conduct, medical fitness, criminal record and any previous history as a licence holder. To make a new application you must: Complete and submit the correct application form; Pay the appropriate fees including those due for DBS and DVLA checks; Provide 1 recently taken passport size photograph clearly showing your full face uncovered, without sunglasses or hat; Provide a valid driving licence, authorising you to drive a motor car in the UK, showing your current home address. Complete and submit a mandate for release of information about your driving licence held by the DVLA to the Council. Complete a Disclosure and Barring Service (DBS) Enhanced Criminal Record Check application form and provide appropriate identity documentation. Please note that you must visit the Council in person when submitting your Enhanced Criminal Record Check application (see Annex 2 for Relevance of Criminal Convictions Policy); Provide a satisfactory DVLA Group 2 medical certificate completed in the 3 months immediately preceding the application. All costs associated with the medical certificate are met by the applicant and paid direct to the medical practitioner; Provide evidence of successful completion of a County Council taxi/phv drivers assessment completed in the 3 months immediately preceding the application. Please Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 8 Taxi and Private Hire Drivers telephone the County Council on for further information and to book the test. There will be a cost associated with this test which you pay direct to the County Council; You are advised not to obtain the medical certificate or County Council taxi/phv driver s assessment until the Council has considered the outcome of the Enhanced DBS check and DVLA mandate and advised you that you are considered a fit and proper person in relation to offences. You are required to notify the Council of any convictions, cautions, fixed penalties received or any court cases pending during the application period (i.e. the time between the application being submitted and the licence being granted). Knowledge Test - Requirement for the Taxi and Private Hire Dual Driver s Licence For a taxi and private hire dual driver s licence you must pass a knowledge test. The knowledge test comprises of two parts, a written multiple choice examination and practical driven examination accompanied by a Licensing Officer. A fee is payable to Stroud District Council. Please note that you cannot undertake the practical driven examination of the knowledge test until a satisfactory criminal record check and County Council s taxi/ph driver s assessment has been completed. Please see Annexe 3 for further details. Additional Application Requirements for Foreign Nationals and Persons That Have Resided Outside the UK for Taxi and Private Hire Driver s Licence The Council must be satisfied that you are a fit and proper person. If you are a foreign national or are a person who has resided outside the UK, you must do the following: Complete a DBS Enhanced Criminal Record Check application form as detailed in new application requirements (unless you have only just arrived in this country). To complete this application you must provide all addresses for the past 5 years including any addresses that are outside the UK. The DBS Enhanced Criminal Record Check will show any convictions that have been committed in the UK. In addition to the DBS Enhanced Criminal Record Check application you must provide the Council with a criminal record check from all countries outside the UK you have resided in from the age of 18 or, if those countries do not produce such information, a certificate of good conduct from the Embassy or Legation from all countries outside the UK that you have resided in from the age of 18. This certificate must be an original and if in a foreign language must be accompanied by an original certified translation from a sworn translator. Any costs involved in such certificates and translations must be paid by you. Driving Licence - The Council must be satisfied that you hold an appropriate driving licence to drive in the UK for vocational purposes (driving as a job). If you hold an EC/EEA driving licence you must have a GB Counterpart obtainable from the DVLA. Eligibility to work in this country - You must be eligible to work in the UK and if appropriate will need to provide evidence of this. English Language If your first language is not English you must have a basic standard of spoken English and understanding and you may need to demonstrate this. Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 9 Taxi and Private Hire Drivers 1.2 Renewal Application A renewal application must be completed prior to the expiry date of your current taxi and/or private hire driver s licence. There is no period of grace if a renewal is submitted after the expiry date if you do not renew your licence before your licence expires you will become unlicensed. Any application received after expiry will be treated as a new application and all the requirements and fees of a new application will apply. In exceptional circumstances and, on request, a Licensing Officer has the discretion to reinstate a licence by accepting a renewal application after expiry. It is your responsibility to make sure you renew your licence. You have the option to apply for a 1 year or a 3 year licence. The fee varies depending which option you go for however the renewal process is the same. To make a renewal application you must: Complete and submit the correct renewal application form; Pay the appropriate fee; Provide your valid DVLA driving licence authorising you to drive a motor car in the UK showing your current home address. Additional Requirements at Renewal Every 3 years: Additionally the following will be required every 3 years on renewal Complete a DBS Enhanced Criminal Record Check application form and provide appropriate identity documentation and payment (if you have registered with the DBS update scheme will not need to complete a new DBS application but you should advise the Licensing Team of your registration details); Payment for DBS Enhanced Criminal Record Check application; Provide 1 recently taken passport size photograph clearly showing your full face uncovered, without sunglasses and hat; Provide a satisfactory Group 2 Medical certificate. Complete and submit a mandate and make the relevant payment for release of information held by the DVLA to the Council. This mandate is valid for 3 years and the Council will use it to undertake a DVLA check every year 3 years on renewal and for any interim checks if necessary. Stroud District Council: First Adopted Last Update 1 April 2015 (see annex 6) 10 Taxi and Private Hire Drivers 2. Taxi & Private Hire Drivers - Stroud District Council Policy 2.1 Duration of Licence The Licence shall remain in force for a period of either one year or three years depending the duration chosen by the applicant on application. The Council retains the right to only issue a licence for one year duration if appropriate. 2.2 Medical Criteria You must provide a satisfactory Group 2 medical certificate as follows: On application; Every three years following initial application; From the age of 65 every year. All costs associated with the medical certificate are met by the applicant. A recent satisfactory Group 2 medical examination for a PCV or HGV may be acceptable as an appropriate medical. This is, however, at the discretion of the Licensing Officer and you must be able to provide sufficient evidence that the DVLA have determined you are fit to drive a PCV/HGV. The Group 2 standard precludes the licensing of drivers with insulin treated diabetes. However, exceptional arrangements do exist for drivers with insulin treated diabetes, who can meet a series of medical criteria to obtain a licence to drive category C1 vehicles. The Council will apply those standards. If you develop any health or medical issues that may affect your fitness as a driver during the period of the licence; you must notify the Council immediately. The Council may require you to produce medical evidence of continuing fitness to drive during the period of the licence. 2.3 Requirement to return Driver Badge If you are no longer employed as a taxi or private hire driver, you must return your licence and badges to the Council within 7 days. 2.4 Notification of Changes If you move house or change your name, or if any other details included on the application form change, you must write and let the Council know within 7 days. If you cease to work for a taxi proprietor or private hire operator or change to work for another taxi proprietor or private hire operator you must write and let the Council know within 7 days. 2.5 Convictions, Cautions and Fixed Penalties If you get any convictions, cautions, fixed penalties or have a court case pending, you must write and let the Council know within 7 days. Stroud District Council: First Adopted Last Upda
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