Hackney Carriage / Private Hire Driver Licensing

Statement of Practices, Procedures and Guidance

The content of this document is provided as a statement of practices, procedures and guidance in relation to drivers of hackney carriages and private hire vehicles. It is not a full and authoritative statement of the law and does not constitute legal advice.

The appendices attached do not form part of this document and are subject to change as appropriate; such changes may not need consultation. Prepared by

Licensing Area Offices:-

West Cornwall Licensing OfficeDolcoath AvenueCAMBORNETR14 8SX

Central Cornwall Licensing OfficeChy TrevailBeacon Technology Park Bodmin PL31 2FR

East Cornwall Licensing OfficeChy TrevailBeacon Technology Park Bodmin PL31 2FR

If you would like this document in another format please contact:

Cornwall CouncilCounty HallTreyew RoadTruro TR1 3AY

Telephone: 0300 1234 100

Email: enquiries@cornwall.gov.uk

www.cornwall.gov.uk

You can contact the Council’s Licensing Service at either of the main offices at Camborne or Bodmin.

Alternatively call 0300 1234 212 or email licensing@cornwall.gov.uk

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Index Page No

1. General 4

2. Use and Retention of Information 5

3. Making Application 5

4. Application Requirements 6

DVLA Driving Licence Requirements DVLA Driving Licence CheckRight to Live and Work Criminal Records Check English Speaking Medical Examination and Medical Exemption Photograph Application Fees

5. Relevancy and Consideration of Application, Cautions, Convictions, Endorsements and other information 10

6. Determining Applications 14 7. Renewal Applications 15

8. Conditions 15

9. Code of Good Conduct for Licensed Drivers 16

10. Cautions, Convictions, Endorsements once Licensed 16

11. Medical fitness once licensed 17 12. Legislation 17

13. Consultation and Engagement 17

14. Further Information 17

15. Appendices 1 – 6

Appendix 1 – Right to live and work documents 19

Appendix 2 – DBS applicant guidance notes 21

Appendix 3 – DBS Update Service 32

Appendix 4 – Condition of licence for private hire drivers 34

Appendix 5 – Byelaws applicable to relevant Taxi Zones 39 Appendix 6 - Code of conduct for Licensed Drivers 57

1. General

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1.1 It is recommended that applicants read this document in full before commencing the application process.

1.2 Cornwall Council (Licensing Authority) issues driver licences for hackney carriage and private hire vehicles. The Licensing Authority has a duty to ensure that licence holders are ‘fit and proper’ to be licensed drivers.

1.3 A private hire driver’s licence authorises the licence holder to drive private hire vehicles licensed by Cornwall Council.

1.4 A hackney carriage driver’s licence authorises the licence holder to drive hackney carriage vehicles licensed by Cornwall Council in the specific zone that the applicant has applied to. The six taxi zones are as follows:

Penwith Taxi Zone Kerrier Taxi Zone Carrick Taxi Zone Restormel Taxi Zone North Cornwall Taxi Zone Caradon Taxi Zone

1.5 Driver licences issued by Cornwall Council do not authorise the holder to drive hackney carriages or private hire vehicles that are licensed by other Councils. Licences issued by Councils other than Cornwall Council cannot be used to drive Cornwall Council licensed taxis or private hire vehicles.

1.6 Driver licences are issued for 3 years unless the Council considers it appropriate in the circumstances, to issue the licence for a lesser period. Examples may include :-

When the applicants DVLA driving licence expires in less than 3 years If appropriate due to any medical condition If planning to retire If only driving for a limited time The right to live or work in the UK is time limited A foreign driving licence which is time limited for use in the UK When the Council’s Miscellaneous Licensing Committee have

determined to grant the licence for a lesser period

1.7 The Council is not permitted to grant a licence to drive a hackney carriage or private hire vehicle:-

(a) unless it is satisfied that the applicant is a fit and proper person to hold such a licence,

(b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for such a licence so authorised; or

(c) if the applicant does not have the right to live or work in the UK.

1.8 Incomplete applications will not be determined until all outstanding documentation is received by the Council.

1.9 The Council will aim to determine whether an application can be granted using delegated authority within 10 working days from receipt of a completed application. If an application cannot be determined using delegated authority it will be referred to the next available meeting of the Council’s Miscellaneous Licensing Committee for determination. The Council’s Miscellaneous

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Licensing Committee meets on a monthly basis. Once a decision is made, the Council will aim to issue the licence or give notice of refusal within 5 working days.

2. Use and Retention of Information2.1 The Council is required to comply with the Data Protection Act 1998 (“the

Act”) in respect of personal data provided by the applicant. Section 4 (4) of the Act provides that, subject to Section 27 (1) of the Act, it is the duty of a data controller to comply with the data protection principles in relation to all personal data of which it is a controller.

2.2 Any information provided by the applicant will be retained on computer or in the Council’s records and will be dealt with in accordance with the provisions of the Act. Cornwall Council is the Data Controller for the purposes of the Act.

2.3 The Council is under a duty to protect the public funds it administers, and to this end may use the information applicants provide for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

2.4 Certain information provided by applicants may be held in public registers which the Council is legally required to provide.

2.5 In addition to this the Council may receive requests for information under the Freedom of Information Act 2000.

3. Making an Application3.1 An applicant can apply for a private hire driver’s licence, a hackney carriage

driver’s licence or a dual licence to cover both types of vehicle. However, hackney carriage driver licences are issued for each taxi zone separately.

3.2 A face to face appointment will be required in order to submit an application for the grant of a driver’s licence and when a DBS is required.

3.3 Applicants must, before attending an appointment, have completed the application form provided by the Council, commenced the DBS process and shared their driving licence (as detailed below). Appointments locations are at the Council offices shown below; appointments must be made in advance by calling the relevant team on the telephone numbers shown below:-

Team and Telephone Appointment location East Licensing Team based at Bodmin Telephone: 01208 893346

Chy Trevail, Beacon Technology Park Bodmin PL31 2FR Luxstowe House Liskeard PL14 3DZ

Central Licensing Team based at Bodmin Telephone: 01726 223433

Chy Trevail, Beacon Technology Park,Bodmin PL31 2FR 39 Penwinnick Road,St Austell PL25 5DRNew County Hall, Truro TR1 3AY

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West Licensing Team based at Camborne Telephone: 01209 615055

Dolcoath Avenue,Camborne TR14 8SX St Johns Hall, Penzance TR18 3QW

4. Application requirements Full details of what is required as part of the application process is detailed below:-

4.1 DVLA Driving Licence Requirements

In order to make an application, all applicants must be ‘authorised to drive a motor car’ and have held such licence for no less than 12 months at the time of application.

Under the legislation for licensing “a person is authorised to drive a motor car” if:-

they hold a licence under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising them to drive a motor car (usual UK driving licence)

they are authorised by virtue of section 99A(1) of the Road Traffic Act 1988 (a community driving licence to drive vehicles in Great Britain which they would be allowed to drive in their own country)

they are authorised by virtue of section 109(1) of the Road Traffic Act 1988 (a Northern Ireland driving licence to drive vehicles in Great Britain which they are licensed to drive in Northern Ireland)

It is also possible to drive under Part III of the Road Traffic Act 1988 with certain foreign driving licences.

For further information on whether you can use a foreign driving licence, please access www.gov.uk and enter ‘foreign driving licence’ in the search box.

Licence holders who have a non UK driving licence will be required to exchange them for a UK driving licence within 12 months of any licence being issued and before application for renewal is made.

4.2 DVLA Driving Licence Check

To confirm an applicant has a UK driving licence and to check the drivers record, the Council requires an additional check of the applicant’s driving licence.

Therefore the applicant is required to access the following link:- https://www.gov.uk/view-driving-licence to obtain a ‘check code’ that must be supplied to the Council, in order that, the Council can check the applicants driving licence online. This is a free service.

Please note the ‘check code’ supplied will only be valid for 21 days. This code must, therefore, be provided to the Council in plenty of time before the 21 days have elapsed.

Alternatively, if applicants do not have access to the internet then they should call 0300 083 0013 to obtain a “check code”.

4.3 Right to Live and Work

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The Immigration Act 2016 prevents Cornwall Council from issuing driver licences to people who are illegally in the UK, who are not permitted to work, or who are permitted to work but are subject to a condition that prohibits them from holding a licence.

Applicants are therefore required to produce prescribed documentation which show that the applicant has permission to be in the UK and undertake work as a private hire or taxi driver. Further information may be found in “Guidance for Licensing Authorities to Prevent Illegal Working in the Taxi and Private Hire Sector in England and Wales”.

A list of acceptable documents for the right to a licence can be found at Appendix 1.

4.4 Criminal Record Check

Applicants are required to complete a criminal record check through the Disclosure & Barring Service (DBS) as part of their application. The results of this disclosure will be used to assist the licensing authority in deciding whether or not the applicant is a ‘fit and proper’ person. This can be applied for online and the applicant can access Cornwall Council’s online DBS application system from any computer with internet access at the following link:- https://disclosure.capitarvs.co.uk/cornwall/

The login information required to access the system is:-

Organisation Reference – LICENSINGPassword – cornwallcouncil

Please ensure you read the ‘applicant guidance notes’, which are attached at Appendix 2 before starting the process.

The fee for the disclosure will be in line with the current fees charged by the Disclosure and Barring Service and this fee is not refundable in the event that a licence application is refused or withdrawn. Cornwall Council charges an additional fee in order to conduct the necessary checks and countersign the DBS. Please refer to the Council’s fees and charges document.

Applicants must provide their address history for the last 5 years when completing a DBS application.

If an applicant has lived/ travelled outside of the United Kingdom for more than 3 months, within the last 5 years or is from an EU Member state or overseas, then a certificate of ‘Good Conduct’ authenticated and translated by the relevant embassy is also required.

The Council requires applicants to undertake a DBS every 3 years. However, in certain circumstances, it may be considered necessary for a further check to be completed sooner.

The DBS has an ‘Update Service’. This is an online subscription service that allows applicants to keep their DBS certificates up to date. The current annual fee is £13.00. This must be done within 19 days of the DBS certificate being issued.

When applicants apply for their next criminal record check, providing it is for the same workforce (ie taxi/private hire drivers are within “other” workforce

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whilst PTU contracts are within “child and adult” workforce), they can access the ‘Update Service’ via the DBS website; enter the application reference and some personal details. This must be done within 19 days of the resulting DBS certificate being issued.

The Council does not accept DBS’s that have been obtained for other departments within Cornwall Council, other Councils, or other agencies. Applicants will therefore be required to undergo a new DBS with licensing when an application for the grant or renewal of a driver’s application is made, unless the applicant has subscribed to the update service and it is for the correct workforce.

Due to the Police Act 1997, the Council’s Passenger Transport Unit is not permitted to accept DBS’s that have been completed by licensing as part of a driver’s application, as they are within different workforces, as explained above. Applicants will be required to undergo a new DBS with Passenger Transport should they wish to be registered with them. The workforce in this case is “child and adult” workforce. Further information regarding the update service is attached at Appendix 3.

4.5 English Speaking

Applicants are required to speak and to understand spoken English.

If an officer of the Council considers that an applicant cannot converse in English sufficiently, their application may be referred to the Council’s Miscellaneous Licensing Committee for determination.

The applicant’s ability to speak sufficient English will be evaluated throughout the licensing process, particularly when the applicant attends a face to face meeting with the Licensing Authority to complete the DBS application.

4.6 Medical Examination

A medical examination report must be submitted as part of the application process. The responsibility for determining the standards, including medical requirements, to be applied to hackney carriage drivers over and above the driver licensing requirements, rests with the Council. Current best practice is contained in the booklet “Fitness to Drive: A Guide for Health Professionals” published on behalf of the Department for Transport by the Royal Society of Medicine Press Limited (RSM) in 2006. This recommends that the Group 2 medical standards applied by the DVLA in relation to bus and lorry drivers, should also be applied by Councils to hackney carriage drivers.

Accordingly, the Council requires applicants for hackney carriage and private hire driver licences to produce a Group 2 medical examination report. The medical examination report as prescribed by the Council must be completed by a Doctor who is required to obtain details of the applicant’s full medical history.

However, if no medical records are available or are not accessible then an explanation is required from the Doctor as to the absence of medical records or why they have not been able to access them. Medical examinations completed without access to the applicant’s full medical history will only be accepted in exceptional circumstances.

Doctors are required to undertake a medical examination taking into account the criteria for Group 2 vocational drivers as set out in the latest edition of the DVLA publication for medical practitioners titled ‘At a Glance guidance to the current medical standards of fitness to drive’.

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All applicants will be required to submit a medical examination report every three years, unless the doctor or Council stipulates a lesser period is appropriate. The Council will only accept medical reports that have been completed no earlier than one month prior to the application being made.

It may be necessary for the Council to request further information from a medical practitioner in relation to information contained on the medical form. If there are any omissions on the medical form it will be referred back for completion.

A copy of the medical examination report for completion is included in the application pack.

Please note, it is the doctors responsibility to ensure that they have read and understand the criteria for Group 2 vocational drivers as set out in the latest edition of the DVLA publication for medical practitioners titled ‘At a Glance guidance to the current medical standards of fitness to drive’ prior to undertaking the medical examination.

If an applicant’s doctor has said that a medical examination report should be submitted before the standard three year renewal period, this will be required to be submitted part way through the licence period.

4.7 Medical exemption

Licensed drivers are under a legal duty to carry guide, hearing and other prescribed assistance dogs in their vehicles without additional charge.

Drivers who have a medical condition which is aggravated by exposure to dogs may apply to the Council for exemption from carrying dogs on medical grounds.

If an applicant considers they have a medical condition and an exemption should be granted, confirmation from the applicant’s doctor confirming the condition is required.

Conditions of licence require the driver to provide reasonable assistance in handling luggage to and from a vehicle. Should a driver have any medical conditions that prevent this, then evidence should be provided from the driver’s doctor.

It is recommended that the applicant does this at the time of application when the medical examination report is completed.

If an application is successful then the driver will be issued with an exemption certificate and a notice of exemption. The notice of exemption must be exhibited in the vehicle by fixing it on the dashboard, facing outwards in a prominent position.

4.8 Photograph

Applicants are required to produce a current passport size photograph of themselves.

4.9 Application fees

Please refer to the list of fees and charges. The licence fee is payable on issue of a licence. However, fees paid for DBS disclosures are not refundable and must be paid in advance.

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5. Relevancy and consideration of cautions, convictions, endorsements and other information

This section provides guidance on the criteria taken into account by the Council when determining whether or not an applicant or an existing licence holder is a fit and proper person to hold a hackney carriage and / or private hire vehicle driver’s licence.

The applicant must:

have the right to live and work in the UK.

be authorised to drive a motor vehicle and have held such licence for no less than 12 months at the time of application.

have sufficient ability to speak English and to understand spoken English.

The Council also requires applicants to meet the DVLA Group 2 medical standards. If for any reason an applicant does not meet the Group 2 medical standards, the application will be referred to the Council’s Miscellaneous Licensing Committee for determination.

The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order2002, allows the licensing authority to take into account all convictions recorded against an applicant or the holder of a private hire or hackney carriage vehicle drivers licence, whether spent or not. Therefore the licensing authority will have regard to all relevant convictions, particularly where there is a history of offending or a pattern of repeating offending.

In assessing whether the applicant or licence holder is a fit and proper person to hold a licence, the Council shall take account of cautions, convictions, endorsements, charges awaiting trial and other relevant information.

In relation to this, the Council will have regard to:

How relevant the offences (s) are to the licence being applied for How serious the offence (s) were When the offence (s) were committed The date of conviction Circumstances of the individual concerned Sentence imposed by the court The applicant’s age at the time of conviction Whether they form part of a pattern of offending Any other factors that might be relevant

In relation to ‘any other factors that might be relevant’, the Council will not have regard to the applicant’s financial or personal circumstances.

Each application will be considered on its own merits and will be judged having regard to the circumstances, evidence and any relevant guidance. In doing so the approval of a licence should not outweigh the potential risk to the public.

The following examples afford a general guide on the action to be taken when considering licence applications.

Conviction resulting in Death

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A licence will not normally be granted if an applicant has a conviction which has resulted in the death of a person.

Sexual and Indecency offencesAs hackney carriage and private hire vehicle drivers often carry unaccompanied and vulnerable passengers, applicants with convictions for indecent exposure, indecent assault, importuning, or any of the more serious sexual offences, should be refused until they can show a substantial period (at least 10 years) free of such offences.

More than one conviction of this kind should be refused until they can show a substantial period (more than 15 years) free of such offences. ViolenceAs hackney carriage and private hire vehicle drivers maintain close contact with the public, a firm line should be taken with applicants who have convictions for violence. At least 5 years free of such convictions should be shown before considering issuing a licence and even then a strict warning should be administered.

Possession of a weapon If an applicant has been convicted of possession of a weapon or any other weapon related offence, this will give serious concern as to whether the person is fit to carry the public. At least 5 years free of such convictions should be shown before a licence is considered and even then a strict warning should be administered. DishonestyHackney carriage and private hire drivers are expected to be persons of trust. The widespread practice of delivering unaccompanied property is indicative of the trust that business people place in drivers. Moreover, it is comparatively easy for dishonest drivers to defraud the public, by demanding more than the legal fare. Overseas visitors can be confused by the change in currency and may be vulnerable to an unscrupulous driver. For these reasons a serious view should be taken of any convictions involving dishonesty. In general, a period of 3 to 5 years free of convictions should be required before considering the issue of a licence.

Drunkenness: in a motor vehicle. A serious view will be taken of convictions of driving or being in charge of a vehicle while under the influence of alcohol, driving or attempting to drive and failing to give a specimen for analysis or refusing to give permissions for analysis of a blood sample taken without consent due to incapacity. An isolated incident may not necessarily debar an applicant but strict warnings will be given as to future behaviour. More than one conviction for these offences shall raise grave doubts as to the applicant’s fitness to hold a licence. At least 5 years should elapse (after the restoration of the driving licence) before the issue of a licence is considered. If there is any suggestion that the applicant is an alcoholic, further information will be required from the doctor. If the applicant is found to be an alcoholic a period of 5 years should elapse after treatment is complete before a licence is issued.

Drunkenness: not in a motor vehicle An isolated conviction for drunkenness (including refusing to give permission for analysis of a blood sample taken without consent due to incapacity) need not debar an applicant from gaining a licence. However, a number of convictions for drunkenness could indicate a medical problem requiring further information from the doctor. In some cases, a warning may be sufficient. If there is any suggestion that the applicant is an alcoholic, further information will be required from the doctor. If the applicant is found to be an alcoholic a period of 5 years should elapse after treatment is complete before a licence is issued.

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Drugs: in a motor vehicle A serious view will be taken of convictions of drugs or being in charge of a vehicle while under the influence of drugs. An isolated incident may not necessarily debar an applicant but strict warnings will be given as to future behaviour. More than one conviction for these offences shall raise grave doubts as to the applicant’s fitness to hold a licence. At least 5 years should elapse (after the restoration of the driving licence) before the issue of a licence is considered. If there is any suggestion that the applicant is an addict, further information from the doctor will be required. If the applicant is found to be an addict a period of 5 years should elapse after treatment is complete before considering the issue of a licence.

Drugs: not in a motor vehicle A serious view should be taken of any drug related offence. A licence should not normally be granted where the applicant has a conviction for an offence related to the supply of drugs and has not been free of conviction for 5 years. A licence will not normally be granted where the applicant has more than one conviction for offences related to the possession of drugs and has not been free of conviction for 5 years or 5 years after detoxification treatment if they were an addict. An applicant who has an isolated conviction for an offence related to the possession of drugs (other than for supply) within the last 3 – 5 years may be granted a licence or 5 years after detoxification treatment if they were an addict.

Major traffic offencesAn isolated conviction for reckless driving or driving without due care and attention etc, will normally merit a warning as to future driving and advice on the standard expected of hackney carriage and private hire vehicle drivers. More than one conviction for this type of offence within the last 3 years may merit refusal.

Minor traffic offencesIsolated or a number of convictions for minor traffic offences, e.g. obstruction, waiting in a restricted street, speeding etc, may not prevent the issue of a licence. However, the Council will take into account the volume, type and penalty awarded when determining each case. If sufficient penalty points have been accrued to require a period of disqualification of the applicant’s driving licence then a hackney or private hire vehicle driver’s licence may be refused. In circumstances where a driver acquires 12 or more penalty points on hisdriving licence but is not disqualified from driving the Licensing Authority may determine to refuse, revoke or suspend a driver’s hackney carriage or private hire licence.

Speeding offencesIn instances where an applicant has undertaken a speed awareness course, this will need to be notified on the application form.

Mobile phone offencesA very serious view will be taken of convictions for driving whilst using a mobile phone. A licence will not normally be granted if an applicant has more than one conviction for an offence of driving whilst using a mobile phone.

Insurance offences A serious view should be taken of convictions of driving or being in charge of a vehicle without insurance. An isolated incident will not necessarily stop a licence being granted provided they have been free of conviction for 3 years; however a strict warning should be given as to future conduct. A licence will not normally be granted if an applicant has more than one conviction for an insurance related offence.

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Licensing offences Offences under taxi legislation such as plying for hire, overcharging, breaching licence conditions and refusing to carry disabled persons, etc, would normally prevent a licence being granted or renewed until a period of 3 years has passed. A licence will not normally be granted if an applicant has more than one conviction for a licensing related offence in the last 3 years.

SafeguardingThe Council has a statutory duty to ensure the safety and welfare of children, young people and adults. Safeguarding is a shared responsibility and is one of the most important duties with which the Council, its Members and Officers are charged. The Council has a statutory duty to ensure the safety and welfare of children, young people and vulnerable adults.  The Council has made a commitment through its safeguarding policy, values and principles and will have regard to these when giving considering to the relevancy of any caution, conviction, endorsement or other information.

Cautions An admission of guilt is required before a caution can be issued. Each case will be considered on its own merits including the details and nature of the circumstances. When considering cautions the Council will have regard to the guidance in this document in relation to convictions.

Outstanding charges or summonses If an individual is the subject of an outstanding charge or summons; their application can still be considered. However, depending on the circumstances, a decision may be deferred or an application refused until the outcome of the case is known.

Non conviction information If an applicant has been arrested or charged, but not convicted, for a serious offence which suggests they could be a danger to the public, consideration should be given to refusing the application. In assessing any action to take, the safety of the travelling public will be the paramount concern.

General Conduct Regrettably there have been occasions where applicants conduct, in terms of their approach and attitude towards Council staff, has given cause for concern. Applicants and licensed drivers are expected to conduct themselves in a civil and courteous manner at all times. Inappropriate conduct will be taken into account when considering whether an applicant is a fit and proper person to hold a licence or continue to hold a licence. Each case will be considered on its own merits.

A criminal history in itself may not automatically result in refusal and a current conviction for a serious crime need not bar an applicant permanently from becoming licensed. As the preceding paragraphs indicate, in most cases, an applicant would be expected to remain free from conviction for a set period of time before a licence is issued. However, there may be occasions when an application can be allowed before the set time period has elapsed.

Whilst it is possible that an applicant may have a number of convictions that individually, meet the above guidelines, the overall offending history must be considered when assessing an applicant’s suitability to be licensed. A series of offences over a period of time is more likely to give cause for concern than an isolated minor conviction. Some discretion may be afforded if a disclosed offence is

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isolated and there are mitigating circumstances, but the overriding consideration is the protection of the public.

6. Determining ApplicationsOfficers of the Council have delegated power to grant an application if satisfied that the applicant is a fit and proper person to hold a hackney carriage and/or private hire driver licence.

Applications can only be determined if all required information and documentation has been supplied.

Successful applicants shall be notified in writing and issued with the appropriate licence and drivers’ badge. The badge remains the property of the Council and will be required to be returned to the Council following any suspension, revocation or expiry of the licence.

Please note that the drivers badge should be worn on the applicants person at all times whilst working as a licensed driver as this is a legal requirement.

If an officer, having reviewed the application is unable to issue the licence under delegated powers the application will be referred to the Council’s Miscellaneous Licensing Committee for determination.

The applicant will be advised of the reasons, date, time and venue of the Committee meeting at which the application will be considered.

At the Committee meeting Members present will receive a report from an officer of the Council. The applicant will be given the opportunity to address the Committee with or without representation. Members of the Committee may ask questions of the applicant or their representative before considering and determining the application. The applicant will normally be advised of the decision at the hearing and this will be confirmed in writing within 5 working days.

Unsuccessful applicants will also be advised in writing of their right to appeal the decision.

Appeals may also be made against any conditions attached to any licence issued.

Appeals, against refusal or conditions attached to any licence, must be made to the magistrates’ court within 21 days of being notified of the decision.

7. Renewal ApplicationsThe criteria referred to within this document with regards to the ‘fit and proper person’ test will also apply in relation to renewal applications.

It should be noted that if an applicant’s DVLA driving licence is due to expire part way through the licence period, the Council will issue the licence until the same date as the applicants DVLA driving licence.

The driving licence can be extended on production of evidence that the DVLA driving licence has been issued. However, this will be subject to any additional information coming to light, such as driving endorsements and will incur a charge for issuing the extended licence.

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Licence holders who have a non UK driving licence will be required to exchange them for a UK driving licence within 12 months of any licence being issued and before application for renewal is made.

Holders of a hackney carriage / private hire driver’s licence are responsible for ensuring that a renewal application is made well in advance of the expiry of their existing licence. You can apply up to 3 months in advance of the expiry date. While a reminder will normally be issued to each individual, the Council does not accept responsibility for ensuring that renewal applications are received.

Where an individual fails to apply for the renewal of the licence in time, it is an offence to drive a licensed vehicle once their hackney carriage / private hire vehicle drivers licence expires until such time as a further driver’s licence is issued by the Council if the drivers licence has expired.

The fact that a late application has been submitted does not authorise the applicant to drive a vehicle licensed by the Council.

8. ConditionsThe conduct of hackney carriage and private hire drivers is subject to byelaws and/or conditions attached to the licences. The conditions for private hire drivers are attached at Appendix 4. The current byelaws applicable to the Taxi Zones of Penwith, Carrick, Restormel & Caradon are attached at Appendix 5. However, byelaws for the Taxi Zones of North Cornwall and Kerrier have been drafted and are currently awaiting approval by central government.

If there is evidence that a condition(s) has been breached then the Council will deal with this under its enforcement policy and decide what action, if any, is required. Action could be a warning, a caution or prosecution. It is possible that suspension, refusal to renew a licence or revocation of a licence may also be considered, depending on the merits of each case.

9. Code of Good Conduct for Licensed DriversOne of the conditions of the private hire drivers licence, which is also similar to byelaws / conditions relative to hackney carriage drivers, reads “The driver of a private hire vehicle shall at all times be clean and respectable in dress and person and behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle”.

The Council has a Code of Good Conduct for Licensed Drivers and strongly recommends that all drivers comply with it.

It is considered that compliance with the Code of Good Conduct will demonstrate compliance with the condition mentioned above. The Code is attached at Appendix 6.

10. Cautions, Convictions, Endorsements, Charges and Allegations Once Licensed

Once a person is licensed to drive a hackney carriage or private hire vehicle they must inform the Council if they are convicted or cautioned for any offence or receive any endorsements on their driving licence (this includes fixed penalty notices and taking a speed awareness course instead of any endorsements), if they

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are charged with anything or if an allegation is made against them, within seven days.

This reporting requirement is not limited to offences or allegations whilst acting as a licensed driver. All matters must be reported.

The Licensing Authority reserves the right to require a licensed driver to obtain a further DBS disclosure and / or require an additional check of the licensed driver’s driving licence in these circumstances.

Officers of the Council will assess the seriousness of the matter and in some circumstances may refer the driver to the Miscellaneous Licensing Committee for a review of the licence. Following the review, the drivers licence may be suspended, revoked, or other action may be taken.

Please note that proprietors are required (in accordance with Section 50 (3) of the Local Government (Miscellaneous Provisions) Act 1976) to inform the Council as soon as reasonably practicable, or no later than 72 hours, of any material damage to a vehicle during the licence period.

If a licence holder’s conduct is such that, were they applying for a new licence their application would normally be refused, they should expect consideration to be given, regarding the suspension or revocation of their licence.

Licence holders should be aware that any suspension or revocation of licence can have immediate effect in the interest of public safety.

11. Medical Fitness Once Licensed It is also a requirement that drivers must inform the Council of any medical condition that would affect the DVLA Group 2 entitlement during the licence period. In such circumstances the Council may require the applicant to obtain medical information to decide if any action is required. This may be by way of a telephone call from a GP / medical practitioner or letter. In some instances a further medical examination report may be required.

Depending on the seriousness of the medical condition it may be appropriate to consider review, suspension or revocation of the licence. The licence holder will have the option, if they consider it appropriate to do so, to voluntarily surrender their licence.

12. Legislation

Local Government (Miscellaneous Provisions) Act 1976. Town Police Clauses Act 1847.

13. Consultation and Engagement

Consultation took place between 19th September 2016 and 16th December 2016.

Below is a non-exhaustive list of persons/organisations consulted with:-

Hackney Carriage and Private Hire Driver Licence Holders Hackney Carriage Proprietors Private Hire Operators Taxi Associations

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Cornwall Council Members Parish and Town Councils Licensing Compliance Team (CC) Legal Services (CC) Passenger Transport (CC) Members of Public

14. Further Information

The Council’s latest licensing information can be found at: www.cornwall.gov.uk/default.aspx?page=467Town Police Clauses Act 1847 can be found at:http://www.legislation.gov.uk/ukpga/Vict/10-11/89Part 2 Local Government (Miscellaneous Provisions) Act 1976:http://www.legislation.gov.uk/ukpga/1976/57/contentsRehabilitation of Offenders Act 1974:http://www.legislation.gov.uk/ukpga/1974/53Road Traffic Act 1988:http://www.legislation.gov.uk/ukpga/1988/52/contents

Department for Transport – Taxis:https://www.gov.uk/government/policies?departments%5B%5D=department-for-transportTaxi and private hire vehicle licensing, best practice guidance:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/212554/taxi-private-hire-licensing-guide.pdfInformation concerning child car seats:http://www.childcarseats.org.uk/the-law/cars-taxis-private-hire-vehicles-vans-and-goods-vehicles/Health Act 2006 – Prohibition of smoking:http://www.legislation.gov.uk/ukpga/2006/28/pdfs/ukpga_20060028_en.pdf

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Appendix 1

List of acceptable documents for right to a licence checks

The lists of documents are based on those prescribed to show evidence of a right to work

LIST A: No immigration restrictions on right to a licence in the UK. Once you have undertaken the necessary check once in respect of an application made on or after 1 December 2016, if you retained the copy, you will not have to repeat the check when they subsequently apply to renew or extend their licence.1. A passport showing the holder, or a person named in the passport as the

child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.

2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland

3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a European Economic Area country or Switzerland.

4. A permanent Residence Card issued by the Home Office to the family member of a national a European Economic Area country or Switzerland.

5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.

6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

7. An current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer. Refer to HO guide which contains link to an example document.

8. A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

9. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

10 A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

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LIST B: Immigration restrictions on right to a licence in the UK. You may issue the licence (subject to statutory limitations) up to the expiry date of the permission to work in the UK. You will need to check immigration status each time they make an application to renew or to extend their licence.1. A current passport endorsed to show that the holder is allowed to stay in

the UK and is currently allowed to do the type of work in question.2. A current Biometric Immigration Document (Biometric Residence Card)

issued by the Home Office to the holder which indicates that the named in the UK and is allowed to do the work in question.

3. A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.

The guidance document provides further information in a link on checking a non-European Economic Area national family member’s right to a licence.

4. A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency of a previous employer.

5. A residence card or document issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to a family member of a national of a European Economic Area country or Switzerland.

1. A certificate of Application issued by the Home Office under regulation 17(3) or 18A(2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old together with Verification from the Home Office Evidence and Enquiry Unit. The licence may be granted for six months from the date of the Certificate of Application.

2. A Verification issued by the Home Office Evidence and Enquiry Unit to you, which indicates that the named person may stay in the UK because they have an in time application, appeal or administrative review and which is outstanding. The licence may be issued for six months from the date of the licence decision.

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Appendix 2 – DBS applicant guidance notes

21

DBS Online Disclosure Guide (e-Bulk) Applicant Guidance Notes

November 2016

DBS Online Disclosure Guide (e-Bulk)Applicant Guidance Notes

APPLICANT GUIDANCE NOTESAn online Disclosure & Barring Service (DBS) check can be completed by accessing the internet from any PC/Laptop that has this facility. If you do not own your own computer you can go to any internet café or local library. Please be aware that you must complete your application form in full as partially completed application forms cannot be saved.

LOGGING ONTO THE SYSTEMPlease enter the following address in the web browser:https://disclosure.capitarvs.co.uk/cornwall/applicantLogin.do?applicationType=dbs

Please note – We have found that some applicants are being redirected to the wrong website when entering the above address into a search engine (such as google/yahoo). In order to ensure that you are directed to the correct page, please enter the above address directly into the address bar on your web browser.

If you are not taken directly to the ‘Start New Application’ page, please click on ‘Start Application’ in the orange box (on the left hand side) entitled ‘DISCLOSURE AND BARRING SERVICE (DBS) APPLICATION FORM’ to enter the system and start your application.

Please note at this stage of the process your login details are case sensitive.

1. Enter the Organisation Reference that has been supplied to you.

2. Enter the Password that has been supplied to you.

Once you have completed this section click ‘Enter’.

STATEMENT OF FAIR PROCESSINGYou will now be taken to the ‘Cornwall Council Statement of Fair Processing’ outlining Cornwall Council’s terms and conditions. Please read the statement and tick the box to confirm this has been read and agreed to.

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Once you have ticked the consent box please click ‘Next’

APPLICATION PRE-ENTRY STATEMENTYou will now see the application pre-entry statement; this gives concise information in regards to the requirements by the DBS regarding acceptable identification in support of your DBS application.

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Once you have ticked the consent box please click ‘Next’

The application form is a simple 5 step process. Please complete all fields.

Mandatory fields are denoted by (*)

Mistakes on the application form will cause delays in processing

SECTION 1 – ABOUT YOU

Please enter your personal details. If you have any middle name(s) ensure that you enter these details , particularly those that appear on your identity documents, e.g. passport, driving licence, birth certificate, etc. Any missing information from this or any other section can severely delay the processing of your criminal record check.

Please note, although ‘national insurance’ number is not stipulated as a mandatory field, we will need this information for our records. Therefore please input your national insurance number at this stage of the application.

Once you have completed this section click ‘Next’.

SECTION 2 – ADDRESS HISTORY

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Please enter your current address. If you have not lived at this property for more than five years, you will be taken to another screen. Here you will be required to add any additional addresses to ensure your address history goes back the required five years. Please note if you do not provide a minimum of five years address history, you will not be able to proceed to the next stage of the application process.

Address Dates There cannot be any gaps/overlaps in your address history. Please ensure that the month and year of each address follows that of the previous address. Students who switch between their permanent residence and education establishments must enter each address with dates consecutively, e.g. parents’ address Dec 2009 – Jan 2010, university address Jan 2010 – March 2010, parents’ address March 2010 – April 2010 etc. Do not run addresses/dates simultaneously as your application form will be rejected by the DBS. Once an address has been entered, you can edit any information by clicking on the ‘Edit’ button.

Postcode Please ensure that all UK addresses have a full postcode; if you cannot remember your postcode please use the Royal Mail UK Postcode Finder link provided within the address information box.

No Fixed Abode UKIf you were of no fixed abode within the UK please enter the nearest hostel address to the location you were based.

Foreign Addresses/Travelling Overseas If you have travelled overseas and cannot supply the address for a foreign country then please enter ‘no fixed abode’ for Address Line 1. Please then enter the Town/City and Country of where you were residing within this period.

Once you have completed this section click ‘Next’.

SECTION 3 – ADDITIONAL INFO

Place of BirthPlease enter details of your place of birth.

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Nationality at Birth Please enter your nationality at birth and state ‘Yes’ or ‘No’ as to whether this has changed since you were born. If this has changed, you will be required to enter your current nationality.

Changed Surname If you have changed your surname please provide your birth surname and the year you changed it. Please ensure that where names change they run in date order and with no gaps.

Other Names Please provide details of any other names used at any time during your lifetime and the dates during which the names were used. Please enter each forename, middle name(s) and surname separately using the 'Add Name' button below. If you have used any aliases, e.g. William known as Bill, please also supply these details.

Failure to supply any additional information may cause your application to be delayed.

Once you have completed this section click ‘Next’.

SECTION 4 – EMPLOYMENT DETAILS

Position Applied For Please insert the correct job role as supplied to you by your current/new employer. No abbreviations are permissible, e.g. Admin Asst should read Administrative Assistant. If you are a volunteer do not enter just volunteer, please enter in which capacity your job role is, e.g. Volunteer Coach, Classroom Helper.

Failure to enter the correct job role may cause your application to be delayed. Employer Name This has been defaulted to the organisation you are applying through and should not be amended.

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Conviction History If you have never been convicted of a criminal offence or never received a caution, reprimand or warning then please select ‘No’. If you have been convicted of a criminal offence, or received a caution, reprimand or warning that is ‘protected’ as defined by the Rehabilitation of Offenders Act then please also select ‘No’.

If you have ever been convicted of a criminal offence, caution, reprimand or warning that is not ‘protected’ as defined by the Rehabilitation of Offenders Act then please select ‘Yes’.

For exceptions to this legislation or for more information please refer to Rehabilitation of Offenders Act 1974 at:

http://www.justice.gov.uk/guidance/docs/rehabilitation-offenders.pdf

Once you have completed this section click ‘Next’.

SECTION 5 – CONFIRMATION AND CONSENT

Now please read through your application to ensure that there are no omissions/errors before you submit your application. If you wish to edit a section of your application click on ‘edit’ next to the section of the form that requires changes.

At the end of the application please make sure that you complete the Applicant Consent section.

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Now click ‘Complete’.

You have now completed your application form and you will be given a submission reference number. Please make a note of this number for reference purposes. If you entered an email address onto your application form you will receive a confirmation email containing these details.

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Your application form will be processed by Cornwall Council once your identity has been verified. Please see below for guidance on identity verification.

Next step - identity verificationIn line with the DBS code of practice all applicants requiring a DBS check must have their identity verified.

How do I have my identity verified?Please provide original identification – as listed in the acceptable ID table below - to the nominated Identity Checker at Cornwall Council. You should have been given the details of the nominated identity checker during the recruitment process. If you are not sure who your identity checker is, please contact HR Safeguarding by email hrsafeguardingteam@cornwall.gov.uk

Once your identity has been verified by the nominated identity checker your application form will be processed by Cornwall Council and then sent on to the DBS.

Tracking the progress of your application with the DBSIf you supplied an email address whilst entering your application, as soon as your application has been received at the DBS and is assigned a DBS Application Reference number, you will receive a second email detailing this information.

This email will also include details and links to the DBS website to enable you to track the progress of your application from the moment the disclosure process commences.

What Documents Do I Need to Produce?

*A full list of DBS acceptable ID for each route can be found at the end of this guide*

ROUTE ONERoute One must always be attempted to be taken.

Three documents in total must be seen: 1 document must come from Group 1 (refer to list of valid identity documents) and 2 further documents from Group 1, 2a or 2b; one of which must verify current address.

If you have provided the necessary documents to satisfy this route, then the identity check is complete.

If you cannot provide evidence of your identity to support Route 1 there are other routes available, as listed below. However we would advise that your organisation contacts the HR Safeguarding Team (01872) 324130 hrsafeguardingteam@cornwall.gov.uk before following routes 2 or 3 as there are

additional costs involved.

ROUTE TWOYou must produce:

3 documents from Group 2 comprising of;o 1 document from Group 2a; ando 2 further documents from Group 2a or 2b; one of which must verify current address; ando The organisation conducting the ID check will need to contact the HR Safeguarding Team

in order to arrange an external ID validation check.

The ID validation service is used to check an applicant against their records to establish their name and living history footprint.

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ROUTE THREEWe must have exhausted Route One and should have endeavoured to have accessed an external ID validation check (Route Two) before we can consider processing an application through Route Three.

For Route Three you must provide: Birth Certificate (UK and Channel Islands) – (issued after the time of birth by the General

Register Office/relevant authority i.e. Registrars – Photocopies are not acceptable) and

4 further documents from Group 2 comprising of:o 1 document from Group 2a; ando 3 further documents from Group 2a or 2b; one of which must verify current address.

*A full list of DBS acceptable ID for each route can be found at the end of this guide*

CONTACT DETAILSPlease contact the hrsafeguardingteam@cornwall.gov.uk if you have any queries in regards to the DBS

application process.

If you experience any technical issues with the online system, please contact the HR Safeguarding Team on 01872 324130.

How many documents do I need to produce? The applicant must provide 3 documents:

1 document from Group 1; and 2 further documents from Group 1, 2a or 2b

Group 1: Primary Identity DocumentsDocument Notes

Passport Any current and valid passportBiometric Residence Permit UKCurrent Photocard Driving Licence UK/Isle of Man/Channel Islands and EU (full or provisional)

All licences must be valid in line with current DVLA requirements.

Birth Certificate (Issued at time of birth)

UK and Channel Islands – including those issued by UK authorities overseas, e.g. embassies, High Commissions and HM Forces

Adoption Certificate UK and Channel Islands

Group 2a: Trusted Government DocumentsDocument Notes

Current Driving Licence All countries other than those listed in Group 1(full or provisional)All licences must be valid

Current Driving Licence UK/Isle of Man/Channel Islands and EU (full or provisional)

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Enhanced DBS CheckList of Acceptable Identity Documents

(old style paper version) All licences must be valid in line with current DVLA requirements

Birth Certificate (Issued after time of birth)

UK and Channel Islands

Marriage / Civil Partnership Certificate UK and Channel IslandsHM Forces ID Card UKFirearms Licence UK, Channel Islands and Isle of Man

Group 2b: Financial and Social History DocumentsDocument Notes Issue Date &

ValidityMortgage Statement UK or EEA Issued in last 12 monthsBank or Building Society Statement UK and Channel Islands or EEA Issued in last 3 monthsBank or Building Society Account Opening Confirmation Letter

UK Issued in last 3 months

Credit Card Statement UK or EEA Issued in last 3 monthsFinancial Statemente.g. Pension or Endowment

UK Issued in last 12 months

P45 or P60 Statement UK and Channel Islands Issued in last 12 monthsCouncil Tax Statement UK and Channel Islands Issued in last 12 monthsWork Permits or Visa UK Valid up to expiry dateLetter of Sponsorship from Future Employment Provider

Non-UK or Non-EEA – valid only for applicants residing outside of the UK at the time of applicant

Must still be valid

Utility Bill UK – not mobile phone bill Issued in last 3 monthsBenefit Statemente.g. Child Benefit, Pension

UK Issued in last 3 months

Central of Local Government, Government Agency or Local Council Document giving entitlemente.g. from the Department for Work and Pensions, HMRC

UK and Channel Islands Issued in last 3 months

EU National ID Card Must still be validCards Carrying the PASS Accreditation Logo

UK and Channel Islands Must still be valid

Letter from Headteacher or College Principal

UK – for 16-19 year olds in full time education.Only used in exceptional circumstances if other documents cannot be provided

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Appendix 3 – DBS update Service

DBS Update ServiceGuide for Taxi Drivers that have a Contract with the Passenger

Transport Unit (PTU)

What do I need? You will need a Disclosure & Barring Service (DBS) criminal record check when you apply for your taxi licence and you will need a second DBS check if you are going to be transporting children and/or vulnerable adults as part of a contract with Cornwall Council. If you use the DBS Update Service then it will be cheaper for you in the long term than applying for two new DBS checks every three years.

Why do I need two checks? This is a DBS requirement. As a registered body with the DBS, Cornwall Council has to process all DBS checks lawfully. Although both checks are undertaken at an enhanced level, the workforce that you will be checked against is different and therefore two checks are required. The difference in the two checks is as follows:

Taxi Driver (Licence Application) Level: EnhancedBarred List: Child and AdultWorkforce: Other

What is the ‘Update Service’? The Update Service lets applicants keep their DBS certificates up to date online. If you register and pay the subscription of £13 per year you can have both your DBS certificates kept up to date so that the Licensing Team and Passenger Transport Unit (PTU) can check the status of your certificates without having to renew your DBS check.

Subscribing to the new service could save you time and money.

After 3 years you could save up to £50 and over 6 years you could save up to £150. There is a significant cost saving and benefit to drivers if they register their DBS checks with the Update Service and keep their subscription up to date.

How do I register with the Update Service? The flowchart overleaf provides details on when and how to register with the Update Service.

Further information regarding the DBS Update Service can be found at www.gov.uk/dbs

Contact Details

Licencing – Tel: 01726 223433 Email: licensing@cornwall.gov.uk

Passenger Transport Unit – Tel: 0300 1234 222 Email: ptu@cornwall.gov.uk

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Taxi Driver (PTU Contract) Level: EnhancedBarred List: Child and AdultWorkforce: Child and Adult

DBS Update Service for Taxi and PTU Contracted Drivers

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Apply for DBS check (taxi licence or PTU)

Ask the person who submits your application for the application form

reference number so you can subscribe to the Update Service

straight away.

If you provide your email address on your DBS application then you

will receive an email with your reference number.

If you wait to subscribe with your

DBS Certificate number you must

subscribe within 19 days of the resulting

DBS Certificate issue date

Subscribe to the Update Service

online at www.gov.uk/dbs-update-service

Subscribing online is quick and simple. Enter your:

NameGenderDate of BirthEmail addressApplication Form Reference Number OR, DBS Certificate Number

When your subscription is

confirmed make a note of your

unique ID and keep it secure

Apply for second DBS check (taxi licence or PTU)

Apply for second DBS check (taxi licence or PTU)

Apply for second DBS check (taxi licence or PTU)

Apply for second DBS check (taxi licence or PTU)

Ask the person who submits your application for the application form reference number so that you can

add this disclosure to your existing Update Service account

Ask the person who submits your application for the application form reference number so that you can

add this disclosure to your existing Update Service account

If you’ve already registered with the Update Service you

need to add your second DBS check

to your account

When your DBS check is due for renewal, the Licencing team and/or the Passenger Transport Unit will contact you to obtain the necessary

details to undertake an online status check

It is important that you keep your DBS certificates safe as these will be needed by the Licencing Team and/or the Passenger Transport Unit to undertake an online status

check

It is important that you keep your subscription up to date. For those who don’t choose to automatically renew you will need to access your account and enter your payment details within 30days before the subscription lapses

To register your second DBS check you must update

your account within 19 days of

the DBS Certificate issue

date.

APPENDIX 4 PRIVATE HIRE DRIVER LICENCE CONDITIONSThese conditions are made under section 51 of the Local Government (Miscellaneous Provisions) Act 1976 by Cornwall Council in respect of licensed private hire vehicle drivers in Cornwall.

Interpretation

1.Throughout these conditions “the Council” means Cornwall Council and “the district” means Cornwall.

Conduct

2.The driver of a private hire vehicle, when making the vehicle available for hire, shall not make use of the services of any other person for the purpose of pursuing any person to hire such vehicle.

3.The driver of a private hire vehicle shall at all times be clean and respectable in dress and person and behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

4.The driver of a private hire vehicle who has agreed or has been hired to be in attendance with the vehicle at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such vehicle at such appointed time and place.

5.The driver of a private hire vehicle shall not drink or eat in the vehicle whilst the vehicle is hired.

6.The driver of the vehicle shall not use any electric cigarette or similar device within the vehicle.

7.The driver of a private hire vehicle must take reasonable steps to ensure that sound emitted by any radio or similar equipment in the vehicle is not a source of nuisance or annoyance.

Display of Plate

8.The driver of a private hire vehicle shall :-

(i) not wilfully or negligently cause or suffer the number on the plate required under vehicle licence conditions to be concealed from public view while the vehicle is being made available for hire (unless an exemption has been granted to not display the plate); and

(ii) not cause or permit the vehicle to be made available for hire with any painting marking or plate in accordance with vehicle licence conditions so defaced that any figure or material particular is illegible.

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Driver Badges

9. The driver of a private hire vehicle shall, when making the vehicle available for hire, and when hired, wear the badge that has been provided by the Council ensuring it is plainly visible.

Vehicle check

10.Before driving a licensed vehicle, the driver of a private hire vehicle must, on a daily basis check the vehicle to ensure that the vehicle is safe and roadworthy.

This must include, but is not restricted to:-

Tyres being correctly inflated and the tread depth being legal Lights and indicators are visible and working Brakes are working Oil, coolant and windscreen wash levels are working and correct Windscreen and windows are not damaged Mirrors are secure, aligned correctly, clean and have no obstructions. No signs of vehicle damage. Seat belts are working correctly.

Fares

11.The driver of a private hire vehicle shall be entitled to demand and take for the hire of the vehicle the rate or fare set by the proprietor.

Where a private hire vehicle furnished with a meter is hired by distance and time the driver thereof shall not be entitled to demand and take a fare greater than that recorded on the meter, save for any extra charges that have been set by the proprietor which it may not be possible to record on the face of the meter, provided that these are advertised in the vehicle in accordance with the private hire vehicle conditions.

12.The driver of a private hire vehicle bearing a statement of fares in accordance with the conditions attached to the private hire vehicle licence shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the vehicle is being made available for hire or being used for hire.

Receipts

13.The driver of a private hire vehicle shall, if requested by the hirer of the vehicle, provide him with a receipt for the fare paid.

Meters

14.The driver of a private hire vehicle if provided with a meter shall-

(a) when available for hire, keep the key, flag or other device fitted in the locked position in which no fare is recorded on the face of the meter;

(b) before beginning a journey for which a fare is charged for distance and time, bring the machinery of the meter into action by moving the said key, flag or other device so that the word “HIRED” is legible on the face

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of the meter and keep the machinery of the meter in action until the termination of the hiring: and

(c) cause the dial of the meter to be kept properly illuminated throughout any part of the hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.

15. The driver of a private hire vehicle shall not tamper with or permit any person to tamper with any meter with which the vehicle is provided, with the fittings thereof, or with the seals affixed thereto.

Number of Passengers

16. The driver of a private hire vehicle shall not convey or permit to be conveyed in such vehicle any greater number of persons than the number of persons specified on the plate affixed to the outside of the vehicle.

Carriage of Pushchairs, Buggies or Similar

17. The driver of a private hire vehicle must ensure that pushchairs, buggies or similar carried within the private hire vehicle are collapsed and that children are carried in accordance with the law in relation to seat belts / restraints.

The driver of a private hire vehicle must ensure that pushchairs, buggies or similar are stowed away securely in the boot or in another suitable location within the vehicle so as not to cause an obstruction or danger to passengers.

Disabled Accessible Vehicles

18. The driver of any private hire vehicle that is a disabled accessible vehicle must be trained so that they are competent in relation to passenger assistance and disability awareness.

19. The driver of any private hire vehicle that is a disabled accessible vehicle is required:

To carry the passenger while seated in the wheelchair. Not to make any additional charge for doing so. To carry the wheelchair in a reasonable manner, if the passenger chooses

to sit in a passenger seat in the vehicle. To take such steps as may be necessary to ensure that the passenger is

carried in safety and comfort and to give the passenger such mobility assistance as is reasonably required.

To attend to the needs of any passenger with a disability whether wheelchair bound or not.

That any wheelchairs or walking aids are carried free of charge. To ensure the safe loading of any person in a wheelchair into the licensed

vehicle. To be responsible for securing the wheelchair, when a user chooses to

travel seated in their wheelchair, in a safe and secure manner.

Luggage and Assistance

20. The driver of a private hire vehicle so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the vehicle;

(a) convey a reasonable quantity of luggage;36

(b) afford reasonable assistance in loading and unloading; and(c) afford reasonable assistance in removing it to or from the entrance of any building, station or place at which he may take up or

set down such person, but subject to any parking restrictions in force which prevent the driver of a hackney carriage from affording such assistance.

N.B. Condition 20 will not apply to a driver of a private hire vehicle who has been issued with a notice from the Council exempting the driver from this requirement following receipt of a report from the driver’s General Practitioner confirming that the driver is unable physically to comply with the requirements of the condition.

Lost or Found Property

21. (i) The driver of a private hire vehicle shall immediately after the termination of any hiring, or as soon as practicable thereafter, carefully search the vehicle for any property which may have been accidentally left therein.

(ii) The proprietor(s) of the private hire vehicle must have in place a system for recording and receipting any lost property found in the vehicle and should take advice from the Police regarding returning the property to the owner or any subsequent disposal. The driver of the vehicle must follow the system put in place by the proprietor(s).

Change of name and address

22. A licensed private hire vehicle driver must inform the Council within 7 days of any change of name or address.

Health

23. A licensed private hire vehicle driver must inform the Council of any medical condition that would affect their ability to meet the Group 2 medical standards within 7 days of becoming aware of it.

Convictions and Endorsements

24. A licensed private hire vehicle driver must inform the Council if they are convicted or cautioned for any offence or receive any endorsement on their driving licence (this includes fixed penalty notices and taking a speed awareness course instead of any endorsements) or if they are charged with anything or if an allegation is made against them within 7 days of the date of the allegation, charge, conviction or endorsement.

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Notes

Proprietors are required (in accordance with Section 50 (3) of the Local Government (Miscellaneous Provisions) Act 1976) to inform the Council as soon as reasonably practicable, or no later than 72 hours, of any material damage to a vehicle during the licence period.

It is an offence for a driver to smoke in a licensed vehicle or fail to prevent smoking in a licensed vehicle.’

Penalties

Every person who shall offend against any of these conditions shall be liable on summary conviction to a fine not exceeding Level 3 on the Standard Scale (currently set at £1,000).

Appeal Provisions Any person aggrieved by any conditions attached to a private hire vehicle

licence may appeal to the Magistrates’ Court within 21 days of being notified of the issue of a licence with the above conditions attached to it.

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APPENDIX 5

Byelaws for Hackney Carriages

BYELAWS

Byelaws made under Section 68 of the Town Police Clauses Act 1847and

Section 171 of the Public Health Act 1875 by the Borough of Restormel with respect to Hackney Carriages

INTERPRETATION

1. Throughout these byelaws “the Council” means the Council of the Borough of Restormel

2. The driver of a hackney carriage provided with a taximeter shall: -

(a) When standing or plying for hire keep the key flag or other device fitted in pursuance of a condition imposed by the Council in that behalf locked in the position in which “No fare” is recorded on the face of the taximeter;

(b) As soon as the carriage is hired by distance and before beginning the journey bring the machinery of the taximeter into action by moving the said key flag or other device so that the word HIRED” is legible on the face of the taxirneter and keep the machinery of the taximeter in action until the termination of the hiring;

(c) Cause the dial of the taximeter to be kept properly illuminated between half-an-hour after sunset and half-an-hour before sunrise and also at any other time at the request of the hirer

3. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided with the fittings thereof or with the seals affixed thereto

4. The driver of a hackney carriage shall when plying for hire in any street and not actually hired: -

(a) Proceed with reasonable speed to one of the stands fixed by the Council in that behalf;

(b) If a stand at the time of his arrival is occupied by the full number of carriages authorised to occupy it proceed to another stand;

(c) On arriving at a stand not already occupied by the full number of carriages authorised to occupy it:-

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i) Where the stand is arranged in line ahead formation to station the carriage immediately behind the carriage or carriages on the stand so as to face in the same direction or

ii) Where the stand is arranged in line abreast formation to station the carriage in a position immediately adjacent to the carriage being last in the queuing order or as otherwise directed by the Council by means of signs displayed at the stand and so as to face the same direction as the other carriages in the stand;

(d) From time to time when any other carriage immediately in front or adjacent as the case may be is driven off or moved cause his carriage to be moved forward or into the adjacent space next in the queuing order so as to fill the place previously occupied by the carriage driven off or moved or cause his carriage to be positioned as otherwise directed by the Council by means of signs displayed at the stand;

(e) The queuing order in both types of stand mentioned above shall be determined by the chronological order in which the carriages take position on the stand

5. A proprietor or driver of a hackney carriage when standing or plying for hire shall not by calling out or otherwise importune any person to hire such carriage and shall not make use of the services of any other person for the purpose

6. The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle

7. The proprietor or driver of a hackney carriage who has agreed or who has been hired to be in attendance with the carriage at an appointed time and place shall unless delayed or prevented by some sufficient cause punctually attend with such carriage at such appointed time and place

8. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage

9. The driver of a hackney carriage shall when standing or plying for hire and when hired wear the badge in such position and manner to be plainly visible

10. The driver of a hackney carriage so constructed as to carry luggage shall when requested by any person hiring or seeking to hire the carriage: -

(a) Convey a reasonable quantity of luggage;

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(b) Afford reasonable assistance in loading and unloading;

(c) Afford reasonable assistance in removing it to or from the entrance of any building station or place at which he may take up or set down such person

11. The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search carriage for any property which may have been accidentally left therein

12. The proprietor or driver of a hackney carriage shall if any property is accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him: - (a) Carry it as soon as possible and in any event within forty eight hours if not sooner claimed by or on behalf of its owner to the office of the Council and leave it in the custody of the officer in charge of the Environmental Health Department on his giving a receipt for it

(b) Be entitled to receive from any person to whom the property shall be redelivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council whichever the greater) but not more than five pounds

13. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the standard scale and in the case of a continuing offence to a further fine not exceeding five pounds for each day during which the offence continues after conviction therefor Repeal of Byelaws

14. The byelaws relating to hackney carriages in the areas of the former St. Austell with Fowey Borough and Newquay Urban District which were made by the Council on the 24th day of July 1985 and which were confirmed by an Assistant Under Secretary for State for the Department of Transport on the 24th January 1986 are hereby repealed

THE COMMON SEAL OF THE COUNCIL OF THE BOROUGH OF RESTORMEL was hereunto affixed on the 30th day of September 1993 in the presence of:- (L.S.)

G.H. NETHERTONMayor

G.WRIGGLESWORTHSolicitor

The foregoing byelaw is hereby confirmed by the Secretary of State and shall come into operation on the 20th day of December 1993

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P.E. PICKERING

An Assistant Secretary in the Department of Transport on behalf of the Secretary of State for Transport

22nd November 1993

Department of Transport2 Marsham StreetLONDON SWlP 3EB

BYELAWS

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Made under section 68 of the Town Police Clauses Act 1847, and section 171 of the Public Health Act 1875, by Carrick District Council with respect to hackney carriages in Carrick District.

Interpretation

25.Throughout these byelaws “the Council” means Carrick District Council and “the district” means Carrick.

Provisions regulating the manner in which the number ofeach hackney carriage corresponding with the number of its

licence, shall be displayed

26.A driver of a hackney carriage shall :-

(i) not wilfully or negligently cause or suffer the number on the plate required under vehicle licence conditions to be concealed from public view while the carriage is standing or plying for hire; and

(ii) not cause or permit the carriage to stand or ply for hire with any painting marking or plate in accordance with vehicle licence conditions so defaced that any figure or material particular is illegible.

Provisions regulating the conduct of drivers of hackney carriages plying within the district in their several employments, and determining

whether such drivers shall wear any and what badges

27.The driver of a hackney carriage provided with a taximeter shall-

(a) when standing or plying for hire, keep the key, flag or other device fitted in

pursuance of hackney carriage vehicle licence conditions locked in the position in which no fare is recorded on the face of the taximeter;

(d) before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring: and

(e) cause the dial of the taximeter to be kept properly illuminated throughout any part of the hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.

28.A driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.

29.A driver of a hackney carriage, when standing or plying for hire, shall not make use of the services of any other person for the purpose of importuning any person to hire such carriage.

30.The driver of a hackney carriage shall at all times be clean and respectable in dress and person and behave in a civil and orderly manner and shall take all

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reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

31.The driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

32.A driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage.

33.If a badge has been provided by the Council and delivered to the driver of a hackney carriage he shall, when standing or plying for hire, and when hired, wear that badge in such a position and manner as to be plainly visible.

34.The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage –

(a) convey a reasonable quantity of luggage;(b) afford reasonable assistance in loading and unloading; and(c) afford reasonable assistance in removing it to or from the entrance of any building, station or place at which he may take up or set down such

person, but subject to any parking restrictions in force which prevent the driver of a hackney carriage from affording such assistance.

N.B. Byelaw 10 will not apply to a driver of a hackney carriage who has been issued with a notice from the Council exempting the driver from this requirement following receipt of a report from the driver’s General Practitioner confirming that the driver is unable physically to comply with the requirements of the byelaw.

35.A licensed hackney carriage driver must inform the Council of any medical condition that would affect Group 2 standards within 7 days of becoming aware of it.

36.A licensed hackney carriage driver must inform the Council if he is convicted of any offence or receives an endorsement on his DVLA driving licence within 7 days of the date of the conviction or endorsement.

37.A licensed hackney carriage driver must inform the Council within 7 days of any change of name or address.

38.The driver of a hackney carriage shall not drink or eat in the carriage whilst the vehicle is hired.

39.The driver of a hackney carriage must take reasonable steps to ensure that sound emitted by any radio or similar equipment in the vehicle is not a source of nuisance or annoyance.

40.The driver shall, if requested by the hirer of the carriage, provide him with a receipt for the fare paid.

Provisions fixing the rates or fares to be paid for hackney

carriages within the district and securing the due publicationof such fares

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41.(i) The driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate or fare prescribed by the Council, the rate or fare being calculated by a combination of distance and time unless the hirer express at the commencement of the hiring his desire to engage by time.

(ii) Where a hackney carriage furnished with a taximeter is hired by distance and time the driver thereof shall not be entitled to demand and take a fare greater than that recorded on the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

42.The driver of a hackney carriage bearing a statement of fares in accordance with the vehicle licence conditions shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

Provisions securing the safe custody and re-delivery of anyproperty accidentally left in hackney carriages, and fixing the

charges to be made in respect thereof

43.(i)The driver of a hackney carriage shall immediately after the termination of any hiring, or as soon as practicable thereafter, carefully search the carriage for any property which may have been accidentally left therein.

(ii) The driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him carry it as soon as possible, and in any event within 48 hours if not sooner claimed by or on behalf of its owner, to a police station in the district and leave it in the custody of the officer in charge of the office on his giving a receipt for it.

Penalties

44.Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the Standard Scale and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefore.

Given under the Common Seal of CARRICK DISTRICT COUNCIL this 24 day of February 2009.

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into force on the 29th May 2009. These byelaws were signed by authority of the Secretary of State on 1 May 2009.

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BYELAWSmade under section 68 of the Town Police Clauses Act 1847, and section 171 of the Public Health Act, 1875, by the District Council of Penwith with respect to hackney carriages in the Penwith District.

Interpretation 1. Throughout these byelaws “the Council” means the District Council of Penwith

and “the district” means the Penwith District.

Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence, shall be displayed.

2. (a) The proprietor of a hackney carriage shall cause the number of the licence granted to him in respect of the carriage to be legibly painted or marked on the outside and inside of the carriage;

(b) A proprietor or driver of a hackney carriage shall: (i) not wilfully or negligently cause or suffer any such number to be concealed from

public view while the carriage is standing or plying for hire; (ii) not cause or permit the carriage to stand or ply for hire with any such painting,

marking or plate so defaced that any figure or material particular is illegible.

Provisions regulating how hackney carriages are to be furnished or provided.

3. The proprietor of a hackney carriage shall: (a) provide sufficient means by which any person in the carriage may communicate

with the driver; (b) cause the seats to be properly cushioned or covered; (c) cause the floor to be provided with a proper carpet, mat, or other suitable

covering;

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(d) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;

(e) provide means for securing luggage; (f) provide an efficient fire extinguisher and first aid box complying to Offices, Shops

& Railway Premises Act. 1963 Contents No. 1 which shall be carried in such a position as to be readily available for use.,

(g) provide at least 4 doors for the use of persons conveyed in such carriage and as a means of ingress and egress for the driver.

4. The proprietor of a hackney carriage after a date to be determined by resolution of the Council shall cause a taxi meter to be fitted and any such taximeter to be so constructed, attached, and maintained as to comply with the following requirements., that is to say

(a) the taximeter shall be fitted with a key, flag, or other device the turning of which will bring the machinery of the taximeter into action and cause the word “HIRED” to appear on the face of the taximeter;

(b) such key, flag, or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded or the face of the taximeter;

(c) when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures a fare hot exceeding the rate or fare which the proprietor

or driver is entitled to demand and take for the hire of the carriage by distance in pursuance of the byelaw in that behalf;

(d) the word “FARE” shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon;

(e) the taximeter shall be so placed that all letters ant figures on the face thereof are at all times plainly visible to any person being conveyed in the carriage, and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring;

(f) the taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments, and determining whether such drivers shall wear any and what badges

5. The driver of a hackney carriage provided with a taximeter shall:- (a) when standing or plying for hire, keep the key, flag or other device fitted in

pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

(b) before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device, so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring;

(c) cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is during the hours of darkness as defined for the purposes of the Road Traffic Act 1972. and also at any other time at the request of the hirer.

6. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.

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7. The driver of a hackney carriage shall, when plying for hire in any street and not actually hired,

(a) proceed with reasonable speed to one of the stands fixed by the Council in that behalf;

(b) if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand;

(c) on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction;

(d) from time to time when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.

8. A proprietor or driver of a hackney carriage, when standing or plying for hire,

shall not, by calling out or otherwise, importune any person to hire such carriage and shall not make use of the services of any other person for the purpose.

9. The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

10. The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

11. The driver shall (a) not without the express consent of the hirer smoke, drink or eat in the vehicle. (b) not without the express consent of the hirer play any radio or sound reproducing

instrument or equipment in the vehicle other than for the purpose of sending or receiving messages in connection with the operation of the vehicle.

(c) at no time cause or permit the noise emitted by any radio or other previously mentioned equipment in the vehicle which he is driving to be a source of nuisance or annoyance to any person, whether inside or outside the vehicle.

12. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage.

13. Passengers (a) The driver shall not allow there to be conveyed in the front of a hackney carriage

vehicle: (i) any child below the age of ten years; or (ii) more than one person above that age. (b) The driver shall not without the consent of the hirer of a vehicle convey or

permit to be conveyed any other person in that vehicle. 14. The driver of a hackney carriage shall, when standing or plying for hire, and

when hired, wear the badge provided by the Council in such position and manner as to be plainly visible.

15. Written receipts The driver shall if requested by the hirer of a *hackney carriage vehicle provide

him with a written receipt for the fare paid.

16. Animals The driver shall not convey in a hackney carriage vehicle any animal belonging

to or in the custody of himself or the proprietor or operator of the vehicle, and 49

any animal belonging to or in the custody of any passenger which on the driver’s discretion may be conveyed in the vehicle shall only be conveyed in the rear of the vehicle.

17. The driver of a hackney carriage shall, when requested by any person hiring or seeking to hire the carriage -

(a) convey a reasonable quantity of luggage; (b) afford reasonable assistance in loading and unloading; (c) afford reasonable assistance in removing it to or from the entrance of any building, station, or place at which he may take up or set down such person.

Provisions fixing the rates or fares to be paid for hackney carriages within the district, and securing the due publication of such fares

18. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate or fare prescribed by the Council, the rate or fare being calculated by distance unless the hirer expresses at the commencement of the hiring his desire to engage by time.

Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

19 (a) The proprietor of a hackney carriage shall cause a statement of the fares fixed by the Council in that behalf to be exhibited inside the carriage in clearly distinguishable letters and figures.

(b) The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with the Council’s Tariff shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

Provisions securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof

20. The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein.

21. The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him;

(a) carry it as soon as possible and in any event within 7 days, if not sooner claimed by or on behalf of its owner, to a Police Station in the district, and leave it in the custody of the officer in charge of the office on his giving a receipt for it.

(b) be entitled to receive from any person to whom the property shall be re delivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council, whichever be the greater) but not more than five pounds.

22. Every proprietor or driver of a hackney carriage who shall knowingly convey in the carriage the dead body of any person shall, immediately thereafter, notify the fact to the Environmental Services Department of the Council.

23. The Byelaws with respect to hackney carriages which were made by the Mayor, Aldermen and Burgesses of the former Borough of Penzance on 3rd April, 1948 and confirmed by one of the Principal Secretaries of State of His Late Majesty

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King George VI on 12th May. 1948. and the Byelaw with respect to hackney carriages which was made by the Mayor. Aldermen and Burgesses of the former Borough of Penzance on 20th August. 1971 and confirmed by one of Her Majesty’s Principal Secretaries of State on 29th October, 1971, are hereby repealed.

Penalties 24. Every person who shall offend against any of these byelaws shall be liable on

summary conviction to a fine not exceeding fifty pounds and in the case of a continuing offence to a further fine not exceeding five pounds for each day during which the offence continues after conviction therefor.

THE COMMON SEAL of the )DISTRICT COUNCIL OF PENWITH )was hereunto affixed this )twenty-second day of June 1983 )in the presence of:- ) John James Daniel Chairman of the Council D.H. Hosken District Secretary

L S

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on the 9th Day ofDecember, 1983. Signed by authority of the Secretary of State G.I. DeDeney An Assistant Under - Secretary of StateHome OfficeLondon, SW1.

L S

CARADON DISTRICT COUNCIL

BYELAWS FOR HACKNEY CARRIAGES

Made under section 68 of the Town Police Clauses Act 1847, and section 171 of the Public Health Act 1875, by the District Council of Caradon with respect to hackney carriages in the District of Caradon.

Interpretation

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1. Throughout these byelaws "the Council" means the District Council of Caradon and "the district" means the District of Caradon.

Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence shall be displayed

2. a. The proprietor of a hackney carriage shall cause the number of the licence granted to him in respect of the carriage to be legibly painted or marked on the inside of the carriage and on plates as specified by the Council and affixed to the outside of the carriage at the rear.

b. A proprietor or driver of a hackney carriage shall:

i. not willfully or negligently cause or suffer any such number to be concealed from public view while the carriage is standing or plying for hire;

ii. not cause or permit the carriage to stand or ply for hire with any such painting, marking or plate so defaced that any figure or material particular is illegible.

Provisions regulating how hackney carriages are to be furnished or provided

3. The proprietor of a hackney carriage shall:

a. provide sufficient means by which any person in the carriage may communicate with the driver;

b. cause the roof covering to be kept water-tight;

c. provide any necessary windows and a means of opening and closing not less than one window on each side;

d. cause the seats to be properly cushioned or covered;

e. cause the floor to be provided with a proper carpet, mat, or other suitable covering;

f. cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;

g. provide means for securing luggage if the carriage is so constructed as to carry luggage;

h. provide an efficient fire extinguisher, which shall be carried in such a position as to be readily available for use;

i. provide at least two doors for the use of persons conveyed in such carriage and a separate means of ingress and egress for the driver.

4. The proprietor of a hackney carriage shall cause the same to be provided with a taximeter so constructed, attached and maintained as to comply with the following requirements, that is to say:

a. the taximeter shall be fitted with a key, flag or other device the operation of which will bring the machinery of the taximeter into action and cause the word "HIRED" to appear on the face of the taximeter;

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b. such key, flag or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter;

c. when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures a fare not exceeding the rate or fare which the proprietor or driver is entitled to demand and take for the hire of the carriage by distance in pursuance of the tariff fixed by the Council in that behalf;

d. the word "FARE" shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon;

e. the taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the carriage, and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring;

f. the taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments, and determining whether such drivers shall wear any and what badge

5. The driver of a hackney carriage provided with a taximeter shall:

a. when standing or plying for hire, keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

b. before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device, so that the word "HIRED" is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring;

c. cause the dial of the taximeter to be kept properly illuminated throughout any part of the hiring which is during the hours of darkness; this being the time between half-an-hour after sunset to half-an-hour before sunrise, and also at any other time at the request of the hirer.

6. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof or with the seals affixed thereto.

7. The driver of a hackney carriage shall, when plying for hire in any street and not actually hired:

a. proceed with reasonable speed to one of the stands fixed by the Council in that behalf;

b. if a stand, at the time of his arrival, is occupied by the full number of carriages authorized to occupy it, proceed to another stand;

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c. on arriving at a stand not already occupied by the full number of carriages authorized to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction;

d. from time to time when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.

8. A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not, by calling out or otherwise importune any person to hire such carriage and shall not make use of the services of any other person for the purpose.

9. The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

10. The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

11.*

12. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage.

13. If a badge has been provided by the Council and delivered to the driver of a hackney carriage he shall, when standing or plying for hire, and when, hired, wear that badge in such position and manner as to be plainly visible.

14. The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage:

a. convey a reasonable quantity of luggage;

b. afford reasonable assistance in loading and unloading;

c. afford reasonable assistance in removing it to or from the entrance of any building, station, or place at which he may take up or set down such person.

15.*

Provisions fixing the stands of hackney carriages '

Provisions fixing the rates or fares to be paid for hackney carriages within the district and securing the due publication of such fares .

16. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate or fare prescribed by the Council, the rate or fare being calculated by distance unless the hirer express at the commencement of the hiring his desire to engage by time. Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of

54

the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

17. a. The proprietor of a hackney carriage shall cause a statement of the fares fixed by the Council in that behalf to be exhibited inside the carriage, in clearly distinguishable letters and figures.

b. The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not willfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

Provisions securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereo f

18. The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein.

19. The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him:

a. carry it as soon as possible and in any event within 48 hours, if not sooner claimed by or on behalf of its owner to the office of the Council, and leave it in the custody of the officer in charge of the office on his giving a receipt for it;

b. be entitled to receive from any person to whom the property shall be re-delivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council, whichever be the greater) but not more than five pounds.

Penalties

20. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefor.

Repeal of Byelaws

21. The byelaws relating to hackney carriages which were made by the Caradon District Council on the 16th day of November 1979 and which were confirmed by one of Her Majesty's Principal Secretaries of State on the 11th day of January 1980 are hereby repealed.

*Byelaw 11 deleted as Local Government (Miscellaneous Provisions) Act 1976 has been adopted by the Council.

*Byelaw 15 deleted as Local Government (Miscellaneous Provisions) Act 1976 has been adopted by the Council.

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APPENDIX 6

Code of Good Conduct for Licensed Drivers

The Council view the hackney carriage and private hire trades as a key service, that provides front-line transport services to residents of and visitors to Cornwall and as such consider licensed drivers as ‘ambassadors’ in promoting the good image of Cornwall.

One of the conditions of the private hire drivers licence, which is also similar to byelaws / conditions relative to hackney carriage drivers, reads “The driver of a private hire vehicle shall at all times be clean and respectable in dress and person and behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle”.

The Council has created this code of good conduct for licensed drivers and strongly recommends that all drivers comply with it. Compliance with this Code of good conduct will demonstrate compliance with the condition mentioned above.

A licensed driver will take reasonable steps to comply with the following standards:

To carry out a daily check to ensure that the vehicle is a roadworthy condition prior to carrying passengers. Where faults of any description are identified which undermine the roadworthy condition of the vehicle, the driver should not drive the vehicle and should report the faults to the proprietor as soon as possible

To be professional and understanding to other road users To be polite and courteous to passengers To behave with honesty and integrity at all times To assist passengers, where necessary into and out of the vehicle To offer assistance to passengers with their luggage To wear your driver’s identification badge at all times when working Be punctual Not to use any electronic cigarette or similar device within the vehicle Not to use a hand held mobile phone or similar devises whilst driving Be smart and clean in appearance, please refer to unacceptable

standards below Awareness of personal hygiene Comply with the Highway Code Not sound the vehicle horn illegally Switch off the engine if required to wait Ensure that any sound emitted by any radio or similar equipment in the

vehicle is not a source of nuisance or annoyance Take whatever action is necessary to avoid disturbance to local

residents Pick up and drop off safely and without risk to pedestrians and other

road users Rank in an orderly manner at taxi ranks Remain with the vehicle if using a taxi rank

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Professional Standards

The Council is committed to improving the overall standards and as such expect all licensed drivers to present themselves in the manner that promotes a good professional image.

The Council recommends:

• Shirt / blouse / polo shirt • Trousers • Tailored shorts • Minimum of knee length skirt

Unacceptable Standards

The following are examples of unacceptable standards on the grounds of safety, common decency and professional image:

Bare chests Clothing or footwear which is unclean or damaged Clothing printed with words, logos or graphics, which might offend; Drivers should not wear or display any clothing, logos, badges or any other

image that implies a political, sporting, national or similar allegiance which could cause offence, discriminate or enflame sections of the community.

Sports replica shirts e.g. football, rugby or cricket tops, track suits or gym type wear

Beach-type footwear (e.g. flip-flops or mules) Sports shorts or swimming trunks Poor personal hygiene Pyjamas, nightwear or lounge ware Uncovered offensive tattoos, words or images.

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