Circular 25/1986: Licensing of Taxis and Private Hire Cars

ANNEX B

RECOMMENDED CONDITIONS

Taxi licences.

1. The holder of a taxi licence shall ensure that the taxi, including all bodywork, upholstery and fittings is in a safe and serviceable condition and, subject to prevailing road conditions, is in a clean condition.

2. The holder of a taxi licence shall require the taxi to undergo and pass an annual inspection by the licensing authority. On receiving the requisite notice, in writing, from the licensing authority, he shall produce his taxi for examination at such time and place as may be reasonably required by the licensing authority.

3. The holder of a taxi licence, when the taxi is damaged in a vehicular accident or by any other means, shall report the damage to the licensing authority as soon as practicable and, if the taxi is roadworthy, he shall present it for inspection within the following two working days (being days on which the testing facilities operate) after the occurrence. As soon as repairs to the taxi have been completed, the taxi shall again be presented for inspection.

4. The holder of a taxi licence shall not ask a driver of a taxi to do anything which would result in the driver's committing a breach of the conditions attaching to the grant of the driver's licence.

5. The holder of a taxi licence shall keep an up-to-date list of the names and addresses of all taxi drivers employed by him.

6. The holder of a taxi licence shall be bound to fulfil, or cause to be fulfilled, at the time and location specified, an engagement to hire his taxi which he has accepted, unless prevented by sufficient cause.

7. The holder of a taxi licence shall hold in his name the requisite vehicle registration document and the certificate of insurance in relation to the taxi required by Part VI of the Road Traffic Act 1972; where more than one name appears on the taxi licence the vehicle registration document and the certificate of insurance shall be in the name of at least one of the persons whose names appear on the taxi licence.

8. The holder of a taxi licence shall ensure that while the vehicle is in use as a taxi any plates or other things which have been issued by the licensing authority for the purpose of indicating that the vehicle is a taxi are displayed at all times in positions approved by the licensing authority.

9. The holder of a taxi licence shall not obliterate or deface any plate or other thing which has been issued by the licensing authority for the purpose of indicating that the vehicle is a taxi and which is fitted to the taxi. If any such plate or other thing becomes obliterated or defaced so as not to be distinctly visible or legible or if any such plate or other thing is lost, the holder of the taxi licence shall report this to the licensing authority as soon as practicable in order to obtain from the licensing authority a replacement plate or other thing.

10. The holder of a taxi licence shall obtain from the licensing authority a notice or notices detailing the approved maximum taxi fares and charges appropriate to exclusive or to shared hire of the taxi and shall display the notice or notices as appropriate in the passenger compartment of the taxi in such a position that it or they will be readily visible to the passengers being carried; and (subject to condition 22 below) no other table or tables of fares and charges shall be displayed.

11. The holder of a taxi licence shall, if the cost of the journey is not regulated by a licensing authority fare structure, and if the taxi is not being used as a taxi-bus, take steps to ensure that any potential hirer of his taxi is informed, prior to acceptance of the hire, (a) that the fare is not so regulated; and (b) the cost, or method of calculating the cost, of the proposed journey.

12. The holder of a taxi licence shall not display on his vehicle any signs for the purpose of advertising its services as a taxi other than those approved by the licensing authority.

13. The holder of a taxi licence shall display upon the roof of his taxi a sign of a type approved by the licensing authority for the purpose of identifying the vehicle as a taxi; and while the taxi is available for shared hire he shall display in such position as approved by the licensing authority a sign of a type approved by the licensing authority for the purpose of indicating that the taxi is available for shared hire.

14. The holder of a taxi licences shall, at any time when the taxi is being used as a taxi-bus, cause to be displayed on the taxi, in such a position and in such a form as may be prescribed by the licensing authority, a notice which indicates that the taxi is being used as a taxi-bus.

15. The holder of a taxi licence shall have affixed to the taxi only a taximeter which has been approved by the licensing authority as appropriate to the type of hire (whether exclusive or shared) for which the taxi is available or on which it is engaged. This condition shall not apply to any taxi while it is in use as a taxi-bus.

16. The holder of a taxi licence shall not use, or cause or permit to be used, on a taxi a road wheel or tyre of a different circumference from that for which any taximeter affixed to the taxi was designed, geared and been tested by the licensing authority.

17. The holder of a taxi licence shall use only a taximeter which has been stamped or sealed by the licensing authority after testing as respects distance and time in accordance with the approved taxi fares and charges. Once a taximeter is fitted to his taxi he shall not tamper with the taximeter or break or tamper with any seal or stamp on such taximeter or any attachment affixed thereto by the manufacturer or licensing authority except to remove the taximeter for repair or replacement. Should the seal be broken the taximeter shall be re-tested and passed by or on behalf of the licensing authority before being used again.

18. The holder of a taxi licence shall ensure that the taximeter fitted to his taxi is in a position approved by the licensing authority.

19. The holder of a taxi licence shall not knowingly operate the taxi, or cause or permit it to be operated, other than as a taxi-bus, while the seals affixed to any taximeter and, where so affixed, to the vehicle, to the vehicle, are broken or detached.

20. The holder of a taxi licence shall not knowingly use, or cause or permit to be used a taximeter which is in any way defective.

21. The holder of a taxi licence shall, at any time when the taxi is being used as a taxi-bus, cause to be displayed in the taxi, in such a position and in such a form as may be prescribed by the licensing authority so that it is clearly legible to passengers, a fare table containing sufficient information to enable a passenger to ascertain the fare for his journey or the manner in which that fare is calculated.

22. The holder of a taxi licence must carry, in a suitable fastener in his taxi, a fire extinguisher of a type and in a position approved by the licensing authority.

23. In these conditions:

"exclusive", as applied to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi, whether or not more than one passenger is carried; and "exclusive hire" shall be construed accordingly;

"shared", as applied to the hire of a taxi, means that each passenger is carried at a separate fare, payable to the driver; and "shared hire" shall be construed accordingly; and

"taxi-bus" means a taxi which is being used, under a special licence granted under section 12 of the Transport Act 1985, to provide a local service which is or requires to be registered under Part I of that Act, has been previously advertised and which has a destination and route which are not entirely at the discretion of the passengers.

Private Hire Car Licences

1. The holder of a private hire car licence shall ensure that the private hire car, including all bodywork, upholstery and fittings, is in a safe and serviceable condition and, subject to prevailing road conditions, is in a clean condition.

2. The holder of a private hire car licence shall require the private hire car to undergo and pass an annual inspection by the licensing authority. On receiving the requisite notice, in writing, from the licensing authority, he shall produce his private hire car for examination at such time and place as may be reasonably required by the licensing authority.

3. The holder of a private hire car licence, when the private hire car is damaged in a vehicular accident or by any other means, shall report the damage to the licensing authority as soon as practicable and, if the private hire car is roadworthy, he shall present it for inspection within the following two working days (being days on which the testing facilities operate) after the occurrence. As soon as repairs to the vehicle have been completed the private hire car shall again be presented for inspection.

4. The holder of a private hire car licence shall not ask a driver of a private hire car to do anything which would result in the driver's committing a breach of the conditions attaching to the grant of the driver's licence.

5. The holder of a private hire car licence shall keep an up-to-date list of the names and addresses of all private hire car drivers employed by him.

6. The holder of a private hire car licence shall be bound to fulfil, or cause to be fulfilled, at the time and location specified, an engagement to hire his private hire car which he has accepted, unless prevented by sufficient cause.

7. The holder of a private hire car licence shall hold in his own name the requisite vehicle registration document and the certificate of insurance in relation to the private hire car required by Part VI of the Road Traffic Act 1972; where more than one name appears on the private hire car licence the vehicle registration document and the certificate of insurance shall be in the name of at least one of the persons whose names appear on the private hire car licence.

8. The holder of a private hire car licence shall ensure that, while the vehicle is in use as a private hire car, any plates or other things which have been issued by the licensing authority for the purpose of indicating that the vehicle is a private hire car, are displayed at all times in positions approved by the licensing authority.

9. The holder of a private hire car licence shall not obliterate or deface any plate or other thing which has been issued by the licensing authority for the purpose of indicating that the vehicle is a private hire car and which is fixed to the private hire car. If any such plate or other thing becomes obliterated or defaced so as not to be distinctly visible or legible or if any such plate or other thing is lost, the holder of the private hire car licence shall report this to the licensing authority as soon as practicable in order to obtain from the licensing authority a replacement plate or other thing.

10. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall obtain from the licensing authority a notice or notices detailing the approved maximum fares and charges appropriate for exclusive and shared use of a private hire car and will display the notice or notices as appropriate in the passenger compartment of the private hire car fitted with a taximeter in such a position that it will be readily visible to the passengers being carried and no other notice or notices of fares and charges shall be displayed.

11 The holder of a private hire car licence shall, if the cost of the journey is not regulated by a licensing authority fare structure, take steps to ensure that any potential hirer of his private car is informed, prior to acceptance of the hire, (a) that the fare is not so regulated; and (b) the cost, or the method of calculating the cost, of the proposed journey.

12. The holder of a private hire car licence shall take steps to ensure that each potential hirer of his private hire car consents, at the time of the arrangement of the hire, to an exclusive hire or a shared, hire as the case may be.

13. The holder of a private hire car licence shall not display on his private hire car any signs for the purpose of advertising its services as a private hire car, other than those approved by the licensing authority.

14. The holder of a private hire car licence shall not display a roof sign of any kind on his private hire car.

15. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall not use or cause to permit to be used on the private hire car a road wheel or tyre of a different circumference from that for which the taximeter affixed to the private hire car was designed, geared and has been tested by the licensing authority.

16. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall have affixed to and used on the private hire car only a taximeter which has been approved by the licensing authority.

17. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall use only a taximeter which has been stamped or sealed by the licensing authority after testing as respects distance and time in accordance with the approved fares and charges. Once a taximeter is fitted to his private hire car he shall not tamper with the taximeter or break or tamper with any seal or stamp on such taximeter or any attachment affixed thereto by the manufacturer or licensing authority except to remove the taximeter for repair or replacement. Should the seal be broken the taximeter shall be re-tested and passed by or on behalf of the licensing authority before being used again.

18. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall ensure that the taximeter fitted to his private hire car is in a position approved by the licensing authority.

19. The holder of a private car hire licence whose private hire car is fitted with a taximeter shall not knowingly operate the vehicle, or cause or permit it to be operated while the seals affixed to the taximeter and, where so affixed, to the vehicle are broken or detached.

20. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall not knowingly use or cause or permit to be used a taximeter which is in any way defective.

21. The holder of a private hire car licence whose private hire car is fitted with a taximeter shall within two working days, inform the licensing authority of the removal of the taximeter from his private hire car. He shall not re-fit a taximeter on a second or subsequent occasion without prior permission from the licensing authority, except when the private hire car is due to be annually tested by the licensing authority.

22. The holder of a private hire car licence must carry in a suitable fastener in his private hire car a fire extinguisher of a type and in a position approved by the licensing authority.

23. In these conditions:

"exclusive", as applied to the hire of a private hire car, means that a single, fare is payable by any one passenger whether or not more than one passenger is carried; and "exclusive hire" shall be construed accordingly; and

"shared", as applied to the hire of a private hire car, means that each passenger is carried at a separate fare, payable to the driver; and "shared hire" shall be construed accordingly.

Taxi Drivers' Licences

1. The driver of a taxi shall at all times, while he is in charge of a taxi being used as such, have with him the taxi driver's licence or such other means of identification issued by the licensing authority and he shall exhibit such licence or identification, on demand, to any passenger, constable or authorised officer of the licensing authority. The identification issued by the licensing authority shall include the driver's name, a recent photograph showing his true likeness and the date on which the licence expires.

2. The driver of a taxi shall be bound to fulfil, or cause to be fulfilled, at the time and location specified, an engagement to hire his taxi, which he has accepted, unless prevented by sufficient cause.

3. The driver of a taxi shall operate on shared hire only with the consent of the first hirer or passenger, even if there is displayed on the taxi a sign or other thing approved by the licensing authority indicating that the taxi is available for shared hire; but he shall not be required to operate on shared hire if no such sign or other thing is displayed on the taxi at the time of the initial hiring.

4. The driver of a taxi which is on exclusive hire may not, in any circumstances, pick up or convey another passenger without the consent of the original hirer(s) or passenger(s).

5. The driver of a taxi shall not at any time convey in the taxi more than the number of passengers the taxi is licensed to carry. For the purpose of this condition (a) the first two children under 12 years shall be reckoned as one passenger; and (b) no account shall be taken of any children under two years, provided that each child under two years is accompanied by an adult.

6. The driver of a taxi which has been hired on exclusive hire shall drive to the destination by the shortest practicable route unless otherwise instructed by the hirer. The driver of a taxi which has been hired on shared hire shall take the shortest practicable route which will serve the destinations of all the passengers whom he is carrying at any one time.

7. The driver of a taxi not being used as a taxi-bus shall, if the cost of the journey is not regulated by a licensing authority fare structure, inform the hirer(s) or passenger(s) before the journey commences (a) that the fare is not so regulated; and (b) the cost, or the method of calculating the cost of the proposed journey.

8. The driver of a taxi shall ensure that any taximeter fitted in the taxi in his charge shall be operated at all times within the licensed area when such operation is required, and in accordance with the detailed requirements imposed, by the licensing authority.

9. The driver of a taxi shall from time to time, and at least once in each day in which he uses the taxi, inspect the seals on the taximeter to ensure that they are intact. On discovering that the seals have become broken or damaged, or that the taximeter has ceased to function correctly, the driver of a taxi shall immediately withdraw the vehicle from service.

10. Subject to conditions 11 and 12 the driver of a taxi shall not refuse to drive a passenger to any place within the licensing area.

11. The driver of a taxi on shared hire may decline to accept a further passenger on the grounds that his intended destination could not be served without an excessive or unreasonable addition to the journey distance of the existing passenger or passengers, or that the further passenger's luggage cannot be accommodated safely within the luggage compartment of the taxi.

12. The driver of a taxi need not convey any hirer or passenger who is drunk or otherwise not in a fit and proper state to be carried, or whose condition or clothing is offensive or likely to cause damage to the interior of the taxi, or who refuses to cease smoking in the taxi when requested to do so by the driver, or is accompanied by any animal (other than a guide dog) which is likely to damage or soil the interior of the taxi, or for any other reasonable excuse.

13. The driver of a taxi, while he is in charge of the taxi, shall not canvass or importune in any pubic place for employment, except, where the taxi is being operated on shared hire, to such extent as is reasonably required to ascertain whether there are any prospective further passengers (in addition to an existing passenger or existing passengers) who wish to participate in the shared hire of the taxi.

14. The driver of a taxi shall not refuse to carry luggage in his taxi provided that the said luggage can be accommodated safely within the luggage compartment of the taxi.

15. The driver of a taxi shall give such assistance as he is able to give with loading and unloading luggage when required to do so but he shall not be required to leave the immediate proximity of the taxi in doing so.

16. The driver of a taxi, at the end of his shift, shall search the taxi of which he is in charge for any property which may have been left therein. Any property found by the driver shall, within 24 hours, be returned to the owner of the property if known or such property shall be handed in by the driver to any police station.

17. The driver of a: taxi, while plying for hire or carrying a passenger, shall be clean and tidy in his person and clothing, shall conduct himself in a proper and civil manner and, while carrying a passenger, shall not smoke.

18. The driver of a taxi shall not knowingly allow the taxi in his charge to be used for illegal or immoral purposes, permit to be carried in the taxi in his charge any article of a dirty, filthy or noxious nature of an explosive or dangerous nature, or permit to be carried in the taxi in his charge any person who has vermin on his person.

19. The driver of a taxi shall ensure that the taxi, including all bodywork, upholstery and fittings, is in a safe and serviceable condition and, subject to prevailing road conditions, is in a clean condition.

20. Unless the licensing authority makes specific arrangements for particular stances, when a taxi is driven off a stance, the driver of the taxi immediately behind shall draw up his vehicle to take the place vacated, and the taxi drivers on the stance behind shall draw up their vehicles in a like manner.

21. The driver of a taxi which is being operated on shared hire may wait at a stance only for such time as is reasonably required to ascertain whether there are any prospective further passengers (in addition to an existing passenger or existing passengers) in the immediate vicinity of the stance at that time who wish to participate in the shared hire of the taxi; but if no such further passengers are found there and then, the driver shall immediately drive his taxi off the stance.

22. The driver of a taxi, when the taxi is hired or standing for hire, shall either sit in the driving seat of the taxi or stand in the immediate proximity thereto except during any period he may be absent to announce the arrival of his taxi to the hirer or when assisting the hirer with luggage to or from the taxi for any other necessary purpose.

23. In these conditions:

"exclusive", as applied to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi, whether or not more than one passenger is carried; and "exclusive hire" shall be construed accordingly;

"shared", as applied to the hire of a taxi, means that each passenger is carried at a separate fare, payable to the driver; and "shared hire" shall be construed accordingly; and

"taxi-bus" means a taxi which is being used, under a special licence granted under section 12 of the Transport Act 1985, to provide a local service which is or requires to be registered under Part I of that Act, has been previously advertised and which has a destination and route which are not entirely at the discretion of the passengers.

Private Hire Car Driver's Licences

1. The driver of a private hire car shall at all times, while he is in charge of a private hire car as such, have with him the private hire car driver's licence or such other means of identification issued by the licensing authority and he shall exhibit such licence or identification, on demand, to any passenger, constable or authorised officer of the licensing authority. The identification issued by the licensing authority shall include the driver's name, a recent photograph showing his true likeness and the date on which the licence expires.

2. The driver of a private hire car shall be bound to fulfil, or cause to be fulfilled, at the time and location specified, an engagement to hire his private hire car which he has accepted, unless prevented by sufficient cause.

3. The driver of a private hire car which has been hired may not, in any circumstances, pick up or convey another passenger without the consent of the original hirer(s) or passenger(s).

4. The driver of a private hire car shall not at any time convey in the private hire car more than the number of passengers the private hire car is licensed to carry. For the purposes of this condition (a) the first two children under 12 years shall be reckoned as one passenger; and (b) no account shall be taken of any children under two years, provided that each child under two years is accompanied by an adult.

5. The driver of a private hire car which has been hired on exclusive hire shall drive to the destination by the shortest practicable route unless otherwise instructed by the hirer. The driver of a private hire car, which has been hired on shared hire shall take the shortest practicable route which will serve the destinations of all the passengers whom he is carrying at anyone time.

6. The driver of a private hire car shall, if the cost of the journey is not regulated by a licensing authority fare structure, inform the hirer or passenger, before the journey commences (a) that the fare is not so regulated; and (b) the cost, or the method of calculating the cost, of the proposed journey.

7. The driver of a private hire car shall ensure that any taximeter fitted in the private hire car in his charge shall be operated at all times within the licensed area when such operation is required, and in accordance with the detailed requirements imposed, by the licensing authority

8. The driver of a private hire car shall from time to time, and at least once in each day in which he uses the vehicle inspect the seals on any taximeter fitted in the vehicle to ensure that they are intact. On discovering that the seals on any taximeter fitted to the vehicle have become broken or damaged, or that the taximeter has ceased to function correctly, the driver of a private hire car shall immediately withdraw the vehicle from service.

9. The driver of a private hire car need not convey any hirer or passenger who is drunk or otherwise not in a fit and proper state to be carried, or whose condition or clothing is offensive or likely to cause damage to the interior of the private hire car or who refuses to cease smoking in the private hire car when requested to do so by the driver, or is accompanied by any animal (other than a guide dog) which is likely to damage or soil the interior of the private hire car, or for any other reasonable excuse.

10. The driver of a private hire car, while he is in charge of the private hire car, shall not canvass or importune in any public place for employment.

11. The driver of a private hire car shall not refuse to carry luggage in his private hire car provided that the said luggage can be accommodated safely within the luggage compartment of the private hire car.

12. The driver of a private hire car shall give such assistance as he is able to give with loading and unloading luggage when required to do so but he shall not be required to leave the immediate proximity of the private hire car in doing so.

13. The driver of a private hire car, at the end of his shift, shall search the private hire car of which he is in charge for any property which may have been left therein. Any property found by the driver shall, within 24 hours, be returned to the owner of the property if known or such property shall be handed in by the driver to any police station.

14. The driver of a private hire car, while carrying a passenger, shall be clean and tidy in his person and clothing, shall conduct himself in a proper and civil manner and shall not smoke.

15. The driver of a private hire car shall not knowingly allow the private hire car in his charge to be used for illegal or immoral purposes, permit to be carried in the private hire car in his charge any article of a dirty, filthy or noxious nature or an explosive or dangerous nature, or permit to be carried in the private hire car in his charge any person who has vermin on his person.

16. The driver of a private hire car shall ensure that the private hire car, including all bodywork, upholstery and fittings, is in a safe and serviceable condition and, subject to prevailing road conditions, is in a clean condition.

17. In these conditions:

"exclusive", as applied to the hire of private hire car, means that a single fare is payable by any one passenger, whether or not more than one passenger is carried; and "exclusive hire" shall be construed accordingly; and

"shared", as applied to the hire of a private hire car, means that each passenger is carried at a separate fare, payable to the driver; and "shared hire" shall be construed accordingly.