Conditions for private hire operators
Private hire vehicle operators must adhere to the following conditions in accordance with the Local Government (Miscellaneous Provisions) Act 1976.
1. The record required to be kept by the operator under Section 56(2) of the Local Government (Miscellaneous Provisions) Act 1976 must be kept either electronically or in a suitable book.
The pages of the book must be numbered consecutively. The operator must make sure the following details are entered before the start of each journey:a) The time and date of the booking;
b) The name of the hirer;
c) How the booking was made (i.e. by telephone, personal call, etc.);
d) The time of pick-up;
e) The point of pick-up;
f) The destination;
g) The time at which a driver was allocated for the booking;
h) The registration number or identity of the vehicle allocated for the booking;
i) Identity of driver;
j) Date of journey where different from (a);
k) Remarks (including details of any subcontract.
Records of bookings must be kept for a period of 12 months from the date of the journey.
2. The record required to be kept by the operator under Section 56(3) should contain the following details:a) manufacturer, model and colour;
b) registration number;
c) registered keeper (e.g. name and address or registration document);
d) date when vehicle became available to operator;
e) copy of current MoT certificate;
f) copy of current valid certificate of insurance
g) date vehicle ceased to be available to the operator
Records of a private hire vehicle must be kept for a period of twelve months from the date the private hire vehicle ceased to be available to the operator.
3. The record required to be kept by the operator under Section 55(3) must contain the following details:a) name;
b) date of birth;
c) address (or normal place of residence);
d) date driver became available to operator;
e) national insurance number;
f) driving licence number and category of vehicle for which eligible to drive;
g) photograph of driver;
h) date driver ceased to be available to the operator.
Records of a private hire driver must be kept for a period of twelve months from the date the driver ceased to be available to the operator.
Operators must provide details to the Council of any licensed driver whose services are dispensed with by the operator, where the circumstances of the driver's dismissal related to the driver's unsatisfactory conduct.
4. Operators must establish a procedure for dealing with passengers' lost property.
This includes evidence that an attempt has been made to return the property to the owner, and a system for recording and storing property which has been found.
Records of all property lost or found in a private hire vehicle must be kept for a minimum period of twelve months from the date the item was reported lost or found.
Standards of service
5. The operator should provide a prompt, efficient and reliable service to members of the public at all reasonable times and must in particular: -
a) Ensure that the private hire vehicle attends punctually at the appointed time and place, unless there is reasonable cause for delay
b) Keep the 'booking office' and 'waiting room' clean, adequately heated, ventilated and lit.
c) Ensure that any waiting area provided by the operator has adequate seating facilities.
d) Ensure that any telephone facilities and radio equipment provided are maintained in a sound condition and that any defects are repaired promptly.
e) Operators must indicate clearly at the operating centre or within any advertising or promotion of their services that the service provided is in respect of pre-booked journeys only.
f) Display the Licence
g) Display the Public Liability Insurance.
h) Details of the fare for a particular hiring should be given to the hirer by the operator when the booking is being made, if requested by the hirer.
i) Operators must establish a complaints procedure, ensuring that all complaints include the driver's name, licence number, nature of complaint, details of complainant and action taken.
j) Records of all complaints must be kept for a minimum period of twelve months from the date of complaint.
Change of address
6. The operator must tell the Council in writing of any change of his/her address (including any address from which he/she operates or otherwise conducts his/her business as an operator) during the period of the licence within seven days of such change taking place.
7. The operator must tell the Council in writing within seven days about any conviction imposed on him (or if the operator is a company or partnership, on any secretary of the company and any of the directors or partners) during the period of the licence.
Local Government Act
The above conditions are additional to the requirements of the Local Government (Miscellaneous Provisions) Act 1976.
We have summarised the more important aspects of this act below.
8. a) No operator should operate any vehicle in a controlled district as a private hire vehicle unless both vehicle and driver are correctly licensed under the Act (Section 46).
b) An operator who accepts a booking for a private hire vehicle is liable under the contract for its hire whether or not he himself provides the vehicle (Section 56(1)).
c) The particulars required to be kept under Conditions 1 and 2 must be produced to an authorised officer of the Council or to a Police Officer when required (Section 56(2) and (3)), as must this licence (Section 56(4)).
In addition note:
d) To 'operate' a private hire vehicle is to make provision in the course of business for the invitation or acceptance of bookings for it;
e) This licence is granted to a particular person and cannot be sold or transferred. Therefore, for example, a new owner of the business must apply for a new licence.
f) The carrying of a business may need planning permission. Operators must comply with all relevant legislation.
g) The operator shall notify the Council of any material change in the circumstances on the basis of which the licence was granted. In particular the operator must inform the Council of:
i) any change in the nature of the business carried on by him; or
ii) any changes of director or company secretary, if a company
iii) any other change in the information given by the operator to the Council at the time of granting the current licence.