Drivers Licences

Hackney Carriage/Private Hire Drivers’ Licence Licensing Standards and Conditions

1. Licensed drivers shall be reliable and of a good standard.

2. Licensed drivers shall be over 21 years of age and have held a UK or EU driving licence for a minimum of three years.

3. On first application for a licence, or on any other occasion the Authority deems necessary, the applicant shall, at his/her own expense, undergo a medical examination by his/her own General Practitioner (or by a practitioner agreed by the Authority) to the criteria laid down in the 'Medical Aspects of Fitness to Drive' published by the Medical Commission on Accident Prevention (DVLA Group II standard).  The results of such a medical examination shall be passed to the Authority or its representative.  The Authority reserves the right to make enquiries of its Medical Advisor on the criteria laid down by the 'Medical Aspects of Fitness to Drive' in relation to any driver and may require any applicant or licensee to have further medical tests.  The Authority must be notified of any medical conditions that may affect driving ability.

4. Licensed drivers shall notify the Authority of any medical conditions that may affect driving ability within seven days of the conditions becoming known.

5. A licensee who has reached the age of 45 years shall, at his/her own expense, submit him or herself for a medical examination, as detailed in 3. above, every five years until the age of 65 years and thereafter every year.

6. Unless medically exempted, it is the duty of every Hackney Carriage/Private Hire driver who has been hired:

6.1. by or for a disabled person with their guide, hearing or prescribed assistance dog, or

6.2. by a person who will be accompanied in a Hackney Carriage/Private Hire vehicle by such a disabled person to carry the disabled person's assistance dog free of charge and allow it to remain with the passenger.

7. On the first application, and at all times on renewal of the licence, or when otherwise required, at his/her own expense, applicants/existing licensees shall complete an application form and request for a check by the Disclosure and Barring Service.  Any convictions, Police Cautions, other formal cautions or Fixed Penalty Notices recorded must be shown on the licence application form.  Omissions or incorrect statements of a serious nature may render any new application invalid and may result in the immediate suspension of any existing licence.

8. Applicants/licensed drivers shall:

8.1. produce a current driver's licence on first application and on any subsequent occasion if so required (the address shown on the licence must reflect the UK address where the applicant/licensee resides),

8.2. pass a driving test on the first application and, if required so to do, on any subsequent occasion,

8.3 on first application, at their own expense, be required to be trained in Disability and Disability Discrimination Awareness and produce an accredited certificate to confirm this.  (Existing licensees are strongly advised to undertake this training and certification at their own expense.)

8.4 The Licensee shall undergo public safety awareness training as required by the Licensing Authority. Such training will be determined by the Licensing Authority and a minimum of 6 weeks'  notice of attendance shall be provided to the Licensee.

9. Applicants/licensed drivers shall pass a test on the first application and, if required to do so, on any subsequent occasion on knowledge of the streets of the city, the Byelaws, the licensing standards/conditions of licence, the operation of the meter and knowledge of the fare tariff (except applicants/licensees of a restricted Hackney Carriage/Private Hire driver’s licence where Byelaws, licensing standards and conditions only will apply).

10. Convictions Applicants/licensed drivers shall:

10.1 not have accrued more than 12 penalty points for motoring offences on a driving licence during the previous three years;

10.2  not have been convicted of or have received a Police Caution or other formal caution for a serious motoring offence during the previous three years;

10.3 not have been convicted of or have received a Police Caution or other formal caution for a criminal offence, eg dishonesty/ public order offence/criminal damage/racially aggravated offence/common assault/actual bodily harm during the previous four years;

10.4 not have been convicted of or have received a Police Caution or other formal caution for an offence of indecency or a sexual offence during the previous five years;

10.5 not have been convicted of or have received a Police Caution or other formal caution for a serious assault (eg grievous bodily harm, wounding) during the previous seven years;

10.6 not have been convicted of or received a Police Caution or other formal caution for a drugs related offence during the previous three years;

10.7 not have been convicted of or have received a Police Caution or other formal caution for any other offence, or followed a course of behaviour which the Licensing Authority does not consider fit and proper during the previous four years.

The Licensing Authority may use its discretion over previous convictions and may refuse to issue a licence or revoke an existing licence accordingly.

11.The following policy shall apply in relation to 11. of Hackney Carriage and Private Hire Drivers’ Licensing Standards and Conditions.  Please see Statement of Policy on Page 4 about relevant convictions/Police Cautions, other formal cautions or Fixed Penalty Notices.

12. Any convictions, Police Cautions or other formal cautions or Fixed Penalty Notices recorded since the completion of the application for a new licence shall be reported by the applicant within seven days.

13. A licensed driver shall notify the Authority within seven days of any new conviction, Police Caution or other formal caution or Fixed Penalty Notices recorded against him/her since his/her last application/renewal application.

14. A licensed driver who changes the place at which he lives shall notify the Council of such change of address within seven days.

15. Failure to comply with any of the Licensing Standards/Conditions may lead to a refusal to issue a licence or, for an existing licensee, a suspension or revocation of licence.

16. An appeal may be brought against the Licensing Standards/Conditions within 21 days from the date on which Notice of the Licensing Standards/Conditions is served on the applicant to the Magistrates Court situated in Victoria Avenue, Southend-on-Sea.

17. A licensee or applicant disappointed by a decision of the Authority in respect of an application also has the right of appeal to the Magistrates Court within 21 days of the notification of that decision.

18. Drivers' licences expire every three years, effective from 31 December 1997.

All relevant facts will be taken into account when consideration is given to an application for a driver's licence or when consideration is given to the suspension or revocation of an existing licence and it may be that additional or higher standards will be imposed.  A person being considered for a licence who had surrendered his/her licence previously or who had not held one during the previous three months should be treated as a person being considered for a licence on the first occasion.

In respect of your application under the Town Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976, please note:

This Authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided on this form 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.

 

Contact Licences, Permissions & Trading Standards

Telephone: 01702 215005

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