Members Training An Introduction to Taxi Licensing RACHAEL

Members Training: An Introduction to Taxi Licensing RACHAEL HIND LICENSING MANAGER

The Taxi Licensing Team Graham Hooper, Senior Officer x 4533 Steve Forshaw, Senior Enforcement Officer x 4744 Mark Small, Enforcement Officer x 7984 Deborah Lazenby, Enforcement Officer x 4149

Overview § § § 355 Hackney Carriages (360 maximum) 835 Private Hire Vehicles 392 Hackney Carriage Drivers 838 Private Hire Drivers 30 Private Hire Operators

General § A licensed driver can only carry up to the permitted number of passengers stipulated on the vehicle licence plate (maximum of 8). § A licensed driver must wear their Identity Badge in plain view at all times whilst using the vehicle. This is for the members of the public and authorised officers to check that the driver is properly licensed § A licensed driver must take passengers by the shortest possible route, unless otherwise directed by the passenger.

Hackney Carriages § A hackney carriage in Plymouth is a traditional “London or Black Cab” or “Euro style” vehicle which can be differentiated from a saloon car by their “distinctive style”. The vehicle will have a yellow taxi light on the roof above the front windscreen and a partition between the driver and the passenger compartment. § A hackney carriage is permitted to wait on designated “taxi ranks” throughout the city and respond to persons hailing them in the street whilst displaying the “for hire” light and additionally work through a radio circuit.

Hackney Carriages § A hackney carriage cannot wait at the side of the road and ply for hire unless it is on an appointed Taxi rank. If a rank is fully occupied a driver must proceed to another rank that has vacant spaces. § A hackney carriage must at all times, display inside the vehicle a tariff of fares approved by the Council. A licensed driver must not charge any more than the fare shown on the meter when operating in the licensing district. The meter must be activated as soon as the vehicle is hired, and not before.

Hackney Carriages § A hackney carriage driver is not under an obligation to take passengers wishing to travel outside of the licensing district, but can do so if they wish, in which case the fare can be either calculated by using the meter or agreed in advance with the passenger before undertaking the journey. § A hackney carriage cannot refuse to carry a passenger without reasonable cause. The vehicle is designed to carry wheelchairs drivers have a duty to take wheelchair users, unless the driver is medically exempted from doing so.

Hackney Carriages § The Council currently operate a limit of 367 hackney carriages, all of which must be wheelchair accessible § A hackney carriage can drop off and pick up from bus stops. § Only taxis are allowed to park and use a rank during it’s hours of operation § https: //www. plymouth. gov. uk/sites/default/files/Unauthorised Parking. On. Taxi. Ranks. pdf § https: //www. plymouth. gov. uk/sites/default/files/Failing. To. Pro ceed. Guidance. pdf

Private Hire § A Private Hire vehicle is commonly a saloon type, but MPV types of vehicle are permitted to be licensed. § A Private Hire driver can only operate through a licensed Private Hire Operator who will pre-book the vehicle in advance. § A Private Hire driver CANNOT ply for hire (available for immediate hiring) on a taxi rank or pick up from the street when hailed.

Private Hire § A Private Hire driver may not leave or wait with his vehicle on any Taxi Rank. § Only a licensed driver can drive a vehicle licensed by the Council. § There is no legal means of controlling the number of licensed private hire vehicles.

Private Hire Unlawful plying for hire The Council views the following activities as examples of unlawful plying for hire: § Waiting in or with a vehicle carrying advertisements of how the vehicle may be booked. § Accepting a booking direct from am member of the public. § Touting or standing at the roadside directing persons to vehicles. § A driver contacting his office by radio in order to make a booking either for his own vehicle or any other. § A plying for hire offence will render the drivers insurance is invalid.

Taxi Licensing Policy The Council approved the revised Taxi Licensing Policy on 26 March 2018 and came into effect on 1 May 2018. The policy provides a decision-making framework for Members on whether existing drivers or new applicants are ‘fit and proper’ or ‘safe and suitable’ to hold or retain a licence. https: //www. plymouth. gov. uk/licensingandpermits/ta xilicensing/taxipolicyguidanceandbyelaws

Taxi Licensing Policy The following guidance notes and conditions of licence were also adopted at Full Council, and the Council delegated the Taxi Licensing Committee the authority to review and where necessary amend the conditions and guidance documents. Guidance Notes: • Code of Good Conduct • Guidance on the Relevance of Convictions • Penalty Point Scheme • Wheelchair and Assistance Dog Guidelines • Hackney Carriage and Advertising Guidelines • Signage for Private Hire Vehicles • CCTV guidance • Spoken English Assessment Procedure

Taxi Licensing Policy Conditions of Licence: • Hackney Carriage Conditions of Licence • Hackney Carriage Vehicle Specifications • Private Hire Driver Conditions of Licence • Private Hire Operator Conditions of Licence • Private Hire Vehicle (Special Event) Conditions of Licence • Private Hire (Special Event) Vehicle Specifications

Taxi Licensing Objectives The Council will carry out its Hackney Carriage and Private Hire licensing functions with a view to promoting the following licensing objectives: 1. 2. 3. 4. 5. Safety and health of drivers and the public Vehicle safety, comfort and access Prevention of crime and disorder and protection of consumers To encourage environmental sustainability Protection of children and other vulnerable persons from harm

Hackney Carriage and Private Hire Licensing Df. T Best Practice Guide § “The aim of local authority licensing of the taxi and PHV trades is to protect the public” (para 8) § This is “public safety” in its widest sense.

Public Safety Impact § What do drivers do? § What do operators know? § Where can a HC or PHV go?

Licence Criteria § LA cannot grant (or allow a licence to remain in force) an HC or PH drivers Licence unless the applicant is a ‘fit and proper’ person § LA cannot grant (or allow a licence to remain in force) a PH Operators Licence unless the applicant is ‘a fit and proper’ person

Licence Criteria § No similar considerations for vehicle proprietors but a complete discretion to refuse to grant

Safe and Suitable Vehicle Proprietors What does this involve? • The Council will require all vehicle proprietors to obtain a Basic Disclosure from the Disclosure Scotland (every three years). The Council will also apply the following test: ‘Would I be comfortable allowing this person to have control of a licensed vehicle that can travel anywhere, at any time of day or night without arousing suspicion and be satisfied that he/she would not allow it to be used for criminal or other unacceptable purposes, and be confident that he/she would maintain it to an acceptable standard throughout the period of the licence? ’. • Guidance in relation to determining the relevance of offences for vehicle proprietors is set out in the Council’s Guidelines Relating to the Relevance of Convictions and Conduct.

Fetter of Discretion § The Council must not fetter its discretion by prejudging an issue § It must consider each application on its merits even if it flies in the face of Council Policy.

Application Process § Please see handout and also page 10 of the policy

Pre-requisites Before an application can be approved, the individual must have passed the following: § Medical (no more than 3 months old at date of application) § Submit a DBS and Certificate of Good Conduct § Knowledge of Plymouth Test § Driving Standard’s Test § Safeguarding training § Right to work in the UK The Taxi Committee do not want to see any applications until all of the pre-requisites have been completed.

Within 12 months of first licence The driver must complete § The VRQ or equivalent qualification in ‘Transporting Passengers by Taxi and Private Hire’ § Plymouth Ambassador Training The licence will not be renewed if these qualifications have not been completed and passed.

See Chapter 2; 4. 2 (page 11) § The Council expect any applicant to be able to pass the Knowledge of Plymouth, Driving Standards test or any other relevant test within a maximum of three attempts. § An applicant will not be entitled to re-sit any test after three failures unless they can demonstrate a change in professional behaviour and understanding e. g. successful completion of professional driving lessons or a structure English Language course.

Progress with applications p. 28 (10. 4) § An application should satisfactorily complete the application process within a maximum period of 6 months from the date of first application. § If no contact is received for 6 months or insufficient progress has been made towards the grant of a licence, then the application will be cancelled and all paperwork destroyed, with no repayment of fees.

Certificate of Good Conduct Page 13 of Policy If an applicant has lived outside of the UK for a continuous period of 3 months or more since the age of 18 then they must obtain a certificate of good conduct from the country or countries that they have lived in. The certificate must be less than 3 months old at the date of application. However, if you are unable to provide a certificate of good conduct due to there being no process for obtaining criminal record certificates from the home country authorities (as set out in Home Office Guidance) AND you have lived in the UK from the age of 18 years AND have been resident here for 5 continuous years you will be exempt from provision of this certificate. Where an applicant has resided in this country for more than 3 months, they are also required to apply for an enhanced DBS disclosure at the time of application.

Certificate of Good Conduct Page 13 of Policy § Where an applicant has resided in this country for more than 3 months, they are also required to apply for an enhanced DBS disclosure at the time of application. § Where an applicant is granted a licence without the necessity to have an enhanced DBS disclosure check the licence will only be for 1 year. That person will be required to submit an enhanced disclosure check after 12 months when the licence is renewed.

Medical Fitness – page 12 An updated medical certificate must be provided at the following time line intervals: § 45 years of age and every 5 years thereafter until the age of 65 and annually from the age of 70 onwards. Both Hackney Carriage and Private Hire Drivers must produce their medical certificate within 28 days of reaching the key milestone date and NOT at renewal.

Safeguarding Course • • • New drivers must complete the two hour awareness workshop as part of the application process. i. e. before they can receive their licence. Existing drivers are required to complete by 1 April 2019 and a refresher every 5 years. 658 to date have attended

Plymouth Ambassador Course All drivers will be required to attend a one day training course which covers good customer care and includes information about visitor attractions both in Plymouth and the local area. All new drivers will have to complete this within 12 months of first licence and all existing drivers must complete it by 1 April 2019.

Communications Skills • See Spoken English Test Procedure • It is a reasonable expectation that all drivers are capable of communicating properly with their passengers. • Communication skills are assessed throughout the application process and where standards are not considered acceptable, reserve the right to defer any application until such time as the applicant can demonstrate that they can converse properly.

Expiry of Drivers Licences (p. 13) § Once a licence has lapsed, it cannot be renewed under the legislation. If they apply within 5 working days of expiry then we can renew or hold until DBS is available (advice following recent case). § The new policy allows a drivers licence to be reinstated within 12 months of expiry if there are justifiable reasons without the need to complete the Knowledge of Plymouth or driving standards test again. BUT they will need to complete a new application i. e. pay the £ 45 New Application Fee, medical certificate and DBS.

Expiry of Drivers Licences (p. 13) § The driver will be required to undertake a VRQ in Transporting Passengers by Taxi or Private Hire (or equivalent) and the Plymouth Ambassador and Safeguarding course if not already held within 12 months.

Dress code OR

Press coverage https: //www. plymouthherald. co. uk/news/plymouth-taxi-driverscould-banned-1120700 https: //www. telegraph. co. uk/ news/2018/03/27/taxi-drivers -ordered-smarten-councilfellow-cabbies-complain/ http: //www. bbc. co. uk/news/u k-england-devon-43538577

Acceptable Standard of Dress – see Page 3 Code of Good Conduct § All clothing worn by the driver must be clean and in good condition, and the driver must have good standards of personal hygiene. As a minimum standard: § Tops Collared shirt, collared polo shirt or collared blouses which have a full body and short or long sleeves. § Trousers/Shorts/Skirts Smart long legged trousers (no denim), knee length tailored shorts, knee length skirt or dress. § Footwear

Unacceptable Standards – see Page 4 Code of Good Conduct § Bare chests; § Clothing or footwear which is unclean or damaged; § Clothing printed with words, logos or graphics, which might offend; § Clothing intended to support any political party, pressure group or other organisation designed to provoke discrimination or objection; § Sports replica shirts e. g. football, rugby or cricket tops or track suits;

Unacceptable Standards – see Page 4 Code of Good Conduct § Beach-type footwear (e. g. flip-flops or mules); § High heels; § The wearing of hoods or other clothing that obscures the drivers vision or their identity § Sports shorts or swimming trunks § Poor personal hygiene

Penalty Point System • • The purpose of a ‘penalty point’ system of enforcement is to provide a more balanced, consistent and transparent approach of enforcement against licence holders who commit minor offences. It can be considered to be a more structured and formalised method of issuing warnings. The scheme does not prevent the Council from taking any other enforcement actions it is entitled to take under legislation or byelaws. Penalty Points will not be added to the person’s record where they are dealt with by alternative sanctions.

Penalty Point System • • • The system would allow points to be issued by authorised officers of the Authority to licence holders who are found to be in breach of legislation, byelaws, the taxi licensing policy or conditions of licence. Points will be issued by means of a written notice on which shall be supplied the number of points imposed and the reason/s for which they have been issued. If a licence holder accumulates 12 points or more within a rolling period of 36 months then their licence will be subject to a review by the Taxi Licensing Committee.

Smoking in vehicles § Smoking tobacco in a licensed vehicle is prohibited under the Health Act 2006. § In order to maintain a pleasant environment for all passengers, the use of e-cigarettes or similar devices within the vehicle is prohibited whilst driving with a fare paying passenger.

Wheelchair and Assistance Dogs Exemption Guidelines Application Restrictions § An application for a lifetime exemption will not generally be accepted from a driver in their first year of being granted a hackney carriage driver’s licence or when they have transferred from private hire.

Wheelchair and Assistance Dogs Exemption Guidelines Exemption Certificates § An exemption will be available to any driver who has suffered an acute injury, illness or medical condition in which recovery is a reasonable outcome, having regard to the nature of the work required in transporting wheelchair passengers safely. § Where a driver wishes to apply for an exemption the applicant is required to submit an assessment form signed and authenticated by that persons GP stating the precise reason for the exemption. § The completed form will only be accepted if it is completed by the driver’s own GP or a GP within that practice who has full access to their medical records.

Wheelchair and Assistance Dogs Exemption Guidelines Lifetime Exemption § A lifetime exemption will be available to any driver who is suffering from a degenerative injury, illness or medical condition which prevents the driver from loading and securing wheelchairs. § Where a driver wishes to apply for a ‘lifetime’ exemption the applicant is required to submit an assessment form signed and authenticated by that persons GP and supported by a specialist consultant confirming that in their professional opinion a lifetime exemption should be granted, having regard to the nature of the work required in transporting wheelchair passengers safely.

CCTV Guidance § A minimum technical CCTV guidance to apply IF a CCTV system is installed in a licensed vehicle. § Where a CCTV system is installed in a licensed vehicle, the proprietor must register the system with the ICO (Information Commissioners Office) for the lifetime of its installation.

Fees § Fees for licences are set at a figure that will recover the cost of the licensing administration including enforcement. The budgets for taxi licensing are operated as two trading accounts; one for Private Hire and one for Hackney Carriage. § The fees were increased in August 2018 and a review of the fees will be brought to the Taxi Licensing Committee for consideration shortly.

Hackney Carriage Table of Fares (Tariff) § The Council set a hackney carriage tariff of fares that set out the fares to be charged. The tariff is amended by the Taxi Licensing Committee from time to time, usually at the request of the trade. § The last increase was approved by this Committee on 27 September and came into effect on 16 October 2017. § This has no effect on private hire charging which is not set by the Council. § The tariff set by the Council is the maximum fares that can be charged. Drivers are able to request lower amounts and negotiate fares for travel outside of the City boundaries.

Hackney Carriage Table of Fares (Tariff) The tariff table should be set to enable: § Sustainable income for drivers § Future investment in vehicles § Clearly set rates that minimise the opportunity for over charging or confusion