SCDC - Hackney Carriage and Private Hire Penalty Points
1
PENALTY POINTS SCHEME
1.0
The details of how the scheme will be operated are as follows:
Appendix G
1.1
This Policy will be fully considered by an
authorised officer when
determining the manner on which any breach
of legislation or the
requirements of this Policy are dealt with.
1.2
The Penalty Points Scheme will operate without prejudice to Licensing
Authority’s ability to take other action under appropriate legislation or
as provided for by this policy.
1.3
The Penalty Points Scheme outlined in Schedule 1 identifies a number
of breaches of conditions, byelaws and/or statutory provisions. It then
indicates the number of points to be invoked should the breach be
proven and by whom.
2.0
Imposition of Points
2.1
Where it is decided that the use of the Penalty Points Scheme is
appropriate, the points will be issued in accordance with Schedule 1 to
this appendix.
2.2
The imposition of penalty points against a driver who is an employee
will not necessarily result in the additional imposition of points to his/her
employer or operator. However the Licensing Authority will issue
penalty points to drivers, proprietors, driver/proprietors and operators
for a single contravention if the circumstances warrant it, i.e. the breach
is one against all these licences and it is considered joint responsibility
is held.
2.3
Points issued to a proprietor, operator or driver will be confirmed in
writing within three weeks of the completion of enquiries into the
contravention or upon discovery of breach.
2.4
Points will be imposed on the licence holder by either Licensing
Officers or by
the Licensing Sub-Committee. The imposition shall be
in accordance with Schedule 1 to this Appendix.
2.5
There is no financial penalty associated with the Penalty Point
Scheme, and the licence holder may continue to work. However,
the
licence holder may be asked to attend a hearing before the
Licensing
Sub-Committee if 12 or more penalty points are
imposed
on an individual licence and are still valid, where appropriate
action
will be taken in accordance with this policy.
SCDC - Hackney Carriage and Private Hire Penalty Points
2
3.0
Duration of Points
3.1 When issued, the penalty points will remain “live” for the period
specified in Schedule 1 to this Appendix. They will remain on the
licence for consideration from the date they are imposed for the
specified period indicated in Schedule 1.
4.0
Alternative to Penalty Points
4.1
Where a driver, proprietor or operator attains 12 penalty points,
disciplinary options available to the Licensing Authority will include
suspension or revocation of the driver’s licence.
4.2
If it is felt that the matter does not warrant suspension or revocation of
the licence, a written warning may be issued to the driver as to his
future conduct.
4.3
Periods of suspension of a licence will be dependent on the nature of
the breach of legislation or the requirements of this Policy and the
compliance history of the licence holder.
4.4
A driver will always have the right to be represented at any meeting,
either legally or otherwise, and to state any mitigating circumstances
they deem necessary.
5.0 Appeals
5.1
Should a driver, operator or proprietor wish to dispute the imposition of
points made by an officer, then they have the right to appeal. Appeals
will be made to the Licensing Sub-Committee, who
may quash or
uphold the officer decision as they deem appropriate. A decision notice
will be provided following such an appeal hearing, which will provide
the reasons for the decision. Appeals must be made in writing within 21
days of the imposition of the penalty points. When considering the
appeal, all matters will be considered.
5.2
Any driver or vehicle proprietor or operator subject to suspension or
revocation has the right of appeal to the Magistrates Court against the
suspension or revocation. In most cases a suspension will be subject
to a 21 day appeal period starting on the date of the suspension notice
to allow for the formal appeal process. There may be occasions
where immediate suspension is required for example, for the protection
of the public.
SCDC - Hackney Carriage and Private Hire Penalty Points
3
Schedule 1 to Appendix G - Penalty Points Tariff
1.1 Legislative offences and penalties:
Two statues principally create offences relating to hackney carriages and private hire
vehicles are; i) The Town Police Clauses Act 1847; and ii) The Local Government
(Miscellaneous Provisions) Act 1976. Offences may also be committed under other
legislation, byelaws or conditions.
1.2 The offences are set out below under the relevant statute state the number of points
and the length of time that the points will remain on the licence. Where there is an
option to attach more points, Licensing Officers will only be permitted to attach the
minimum number of points. Where the Licensing Officer determines that the offence
is of a more serious nature, the awarding of any points or action will be determined
by the Licensing Sub-Committee, who on hearing the case may attach points
between the minimum and maximum, should the case be found.
1.3 When an application or licence is determined by the Licensing Sub-Committee the
points attached to a licence will be taken into consideration. In such cases the
hearing will consider all relevant information and will determine the review in
accordance with the relevant legislative framework. Points attached to a licence
will not be the reason for refusal, suspension or revocation.
1.4 The Licensing Authority reserves the right to take all appropriate action as is deemed
necessary. The attachment of points to a licence in no way prejudices the Licensing
Authorities right to prosecute an offender should it be deemed in the public interest to
do so.
1.5 Tables 4-7 set the number of points that will be deemed attached to a licence or
application when determining the said application, renewing a licence or reviewing
the licence of a current driver, proprietor or operator. The term conviction will be
deemed to mean any conviction or fixed penalty or any material disclosed by the
police on a DBS certificate which they consider to be relevant to a person acting as a
Hackney Carriage or Private Hire Driver.
1.6 A list of the offences, penalty points and the relevant period that points remain on the
licence are in accordance with the following tables:
SCDC - Hackney Carriage and Private Hire Penalty Points
4
TOWN AND POLICE CLAUSES ACT 1847
Table 1
List
No.
Section and Offence
Penalty
Points
or
Action
Period
Points
Remain on
the
Licence
Operator
Proprietor
Driver
1
S40 - Giving false information on a
hackney carriage licence application.
6-12*
3 Years
✓
✓
2
S44 - Failure to notify change of address
on a hackney carriage licence.
2
1 Year
✓
✓
3
S45 - Plying for hire without a hackney
carriage licence.
12
5 Years
✓
4
S47 - Driving a hackney carriage without
a hackney carriage driver’s licence.
12
5 Years
✓
5
S47 - Lending or parting with a hackney
carriage driver’s licence.
12
3 Years
✓
6
S47 - Hackney carriage proprietor
permitting or employing an unlicensed
driver to drive a hackney carriage vehicle.
12
5 Years
✓
✓
7
S48 - Failure of a proprietor to retain in
his/her possession copies of any hackney
carriage driver’s licence that permits
them to drive their vehicle.
3
1 Year
✓
8
S48 - Failure of a proprietor to produce on
request by an authorised officer any
hackney carriage driver’s licence for
whom he has permitted to drive his/her
vehicle.
3
1 Year
✓
9
S52 - Failure to display a hackney
carriage plate.
4
3 Years
✓
10
S53 - Refusal to take a fare without a
reasonable excuse.
8-12*
5 Years
✓
11
S54 - Charging more than the agreed
fare.
8
5 Years
✓
12
S55 - Obtaining more than the legal fare
(including failure to refund).
8
5 Years
✓
13
S56 - Travelling less than the lawful
distance for an agreed fare.
6
5 Years
✓
14
S57 - Failure to wait after a deposit to wait
has been paid.
12
3 Years
✓
15
S58 - Charging more than the legal fare.
8-12*
5 Years
✓
16
S59 - Carrying persons other than with
the consent of the hirer.
6
3 Years
✓
17
S60 - Driving a hackney carriage without
the proprietor’s consent.
12
5 Years
✓
18
S60 - Allowing a person to drive a
hackney carriage without the proprietor’s
consent.
12
5 Years
✓
19
S62 - Driver leaving a hackney carriage
unattended.
2
1 Year
✓
20
S64 - Hackney carriage driver obstructing
other hackney carriages.
2
1 Year
✓
21
S68 – Breech of Byelaws
3-6*
3 Years
✓
✓
SCDC - Hackney Carriage and Private Hire Penalty Points
5
Table 2
Local Government (Miscellaneous Provisions) Act 1976
List
No.
Imposition
of points
by LO or
Committee
Section and Offence
Penalty
Points
or
Action
Period
Points
Remain on
the
Licence
Operator
Proprietor
Driver
22
Committee
S46(1)(a) - A licensed driver using an
unlicensed vehicle for private hire
purposes.
12
5 Years
✓
23
Committee
S46(1)(b) - Driving a private hire vehicle
without a private hire driver’s licence.
12
5 Years
✓
24
LO or
Committee
S46(1)(c) - Proprietor of a private hire
vehicle permitting or employing an
unlicensed driver to drive a private hire
vehicle.
8-12*
5 Years
✓
25
LO or
Committee
S46(1)(d) - Operating a private hire
vehicle without a private hire operators’
licence.
8-12*
5 Years
✓
26
Committee
S46(1)(e) - Operating an unlicensed
vehicle as a private hire vehicle.
12
5 Years
✓
✓
✓
27
Committee
S46(1)(e) - Operating a private hire
vehicle when the driver is not licensed as
a private hire driver.
12
5 Years
✓
✓
✓
28
LO
S48(6) - Failure to display a private hire
vehicle plate.
4
1 Year
✓
✓
29
LO
S49 - Failure to notify the transfer of a
vehicle licence.
3
1 Year
✓
30
LO
S50(1) - Failure to present a hackney
carriage or private hire vehicle for
inspection upon request.
6
3 Years
✓
31
LO
S50(2) - Failure to inform the Licensing
Authority where a hackney carriage or
private hire vehicle is stored, if requested.
3
1 Year
✓
32
LO
S50(3) - Failure to report an accident to
the Licensing Authority within seventy two
hours.
6
3 Years
✓
✓
33
LO
S50(4) - Failure to produce the vehicle
and/or insurance upon request.
6
3 Years
✓
✓
34
LO
S53(3) - Failure to produce a driver’s
licence upon request.
6
3 Years
✓
35
LO or
Committee
S54(2) - Failure to wear a private hire
driver’s badge.
3-6*
3 Years
✓
36
LO or
Committee
S56(2) - Failure of a private hire operator
to keep proper records of all bookings, or
failure to produce them upon request of
an authorised officer of the Licensing
Authority or a police officer within
reasonable time / or time specified.
3-8*
3 Years
✓
37
LO or
Committee
S56(3) - Failure of a private hire operator
to keep proper records of all private hire
vehicle licenses and driver licenses, or
failure to produce them on request of an
authorised officer of the Licensing
Authority or a police officer within
reasonable time / or time specified.
3-8*
3 Years
✓
SCDC - Hackney Carriage and Private Hire Penalty Points
6
38
LO
S56(4) - Failure of a private hire operator
to produce his licence upon request.
4
1 Year
✓
39
Committee
S57 - Making a false statement or
withholding information to obtain a
hackney carriage/private hire driver’s
licence.
12
5 Years
✓
40
LO or
Committee
S58(2) - Failure to return a plate after
notice has been given following expiry,
revocation, or suspension of a hackney
carriage or private hire vehicle licence.
6-12*
5 Years
✓
41
LO or
Committee
S61(2) - Failure to surrender a driver’s
licence or badge on or after suspension,
revocation, or refusal to renew.
6-12*
5 Years
✓
42
LO or
Committee
S64 - Permitting a private hire vehicle to
wait on a hackney carriage rank.
6-12*
5 Years
✓
43
LO or
Committee
S66 - Hackney Carriage charging more
than the meter fare for a journey ending
outside the District, without prior
agreement.
8
3 Years
✓
44
LO or
Committee
S67 - Hackney Carriage charging more
than the meter fare when a hackney
carriage is used as a private hire vehicle.
8
3 Years
✓
45
LO or
Committee
S69 - Unnecessarily prolonging a journey.
8
3 Years
✓
46
Committee
S71 - Interfering with a private hire taxi-
meter with intent to mislead.
12
5 Years
✓
✓
47
LO or
Committee
S73(1)(a) - Obstruction of an authorised
officer of the Licensing Authority or a
police officer.
6-12*
5 Years
✓
✓
✓
48
LO or
Committee
S73(1)(b) - Failure to comply with a
requirement of an authorised officer of the
Licensing Authority or a police officer.
3-12*
5 Years
✓
✓
✓
49
LO or
Committee
S73(1)(c) - Failure to give information or
assistance to an authorised officer of the
Licensing Authority or police officer.
3-12*
5 Years
✓
✓
✓
LICENSING AUTHORITY POLICY
Table 3
List
No.
Imposition
of points
by LO or
Committee
Section and Offence
Penalty
Points
or
Action
Period
Points
Remain on
the
Licence
Operator
Proprietor
Driver
50
Committee
Failure to ensure the safety of
passengers.
12
5 Years
✓
✓
✓
51
LO or
Committee
Concealing or defacing a vehicle licence
plate.
6
3 Years
✓
✓
✓
52
LO
Failure to attend on time for a pre-
arranged appointment at the request of
the Licensing Authority for interview
without reasonable cause.
2
1 Year
✓
✓
✓
53
LO or
Committee
Conveying a greater number of
passengers than permitted.
6-12*
5 Years
✓
54
LO
Failure to give reasonable assistance with
passenger’s luggage.
2
1 Year
✓
55
LO or
Committee
Private hire soliciting for hire or accepting
a fare that is not pre-booked.
6
3 Years
✓
SCDC - Hackney Carriage and Private Hire Penalty Points
7
56
LO
Operating/using a vehicle that is not clean
and tidy internally or externally.
2
1 Year
✓
✓
57
LO or
Committee
Operating/using a vehicle that is not in a
safe condition internally or externally.
6-12*
5 Years
✓
✓
58
Committee
Driving without the consent of the
proprietor.
12
5 Years
✓
59
LO
Drinking or eating in the vehicle whilst
carrying passengers.
2
1 Year
✓
60
LO or
Committee
Smoking in the vehicle at any time.
4-8*
3 Years
✓
61
LO
Causing excessive noise from any radio
or sound-reproducing equipment.
2
1 Year
✓
62
LO
Sounding the horn to signal that the
vehicle has arrived. disturbing residents
2
1 Year
✓
63
LO
Allowing a private hire vehicle to stand in
such a position as to suggest that it is
plying for hire or using a hackney carriage
stand.
6
3 Years
✓
64
LO
Parking a Hackney Carriage Vehicle or
Private Hire Vehicle illegally so as to
cause an obstruction to other road users.
3
1 Year
✓
65
LO or
Committee
Using a non-hands free mobile telephone
whilst driving/engine running.
6-12*
5 Years
✓
66
Committee
Failure to advise of a relevant medical
condition.
12
5 Years
✓
67
LO
Failure to provide a receipt for a fare
when requested.
2
1 Year
✓
68
LO or
Committee
Failure to operate the meter from the
commencement of the journey and /or
charging more than the fixed charge for
hire of a hackney carriage.
8-12*
5 Years
✓
69
LO
Failure to notify the Licensing Authority of
relevant change to licence details within
the time specified in the associated
licence conditions.
2
1 Year
✓
✓
✓
70
LO
Failure to produce a hackney carriage or
private hire licence upon request.
3
1 Year
✓
✓
✓
71
LO
Failure to show a private hire driver’s
licence to the private hire operator at the
commencement of employment.
2
1 Year
✓
72
LO
Failure of a private hire operator to
request and keep a copy all driver’s
licence in his employ at the beginning of
employment.
2
1 Year
✓
73
Committee
Failure of a licence holder to disclose
convictions within seven days of
conviction.
12
5 Years
✓
✓
✓
74
LO
Refusing a guide,
hearing or other
prescribed assistance
dog without
holding the relevant exemption.
6
3 Years
✓
75
LO
Failure to search a vehicle after a journey
or failure to take found property to the
police within forty eight hours of finding.
3
3 Years
✓
76
LO
Failure to report an accident within
seventy two hours.
6
3 Years
✓
SCDC - Hackney Carriage and Private Hire Penalty Points
8
77
LO
Failure to comply with requirements for
the safe carrying of a wheelchair
6
3 Years
✓
✓
78
LO or
Committee
Operating a vehicle that does not comply
with the Licensing Authority’s licensing
policy or relevant legislation where such a
breach of policy/legislation is not
otherwise specified herein.
3-12*
5 Years
✓
✓
79
Committee
A Private Hire driver using a Hackney
Carriage vehicle without a Hackney
Carriage driver licence.
12
5 Years
✓
80
LO
Failure to carry an approved fire
extinguisher.
2
1 Year
✓
✓
81
LO or
Committee
Modifying a licensed vehicle without the
consent of the Licensing Authority.
6-12*
5 Years
✓
82
LO
Failure to display or maintain external
plates as issued by the Licensing
Authority or displaying them incorrectly
e.g. in the window of a vehicle.
4
3 Years
✓
✓
83
LO
Affixing or displaying a roof sign on a
private hire vehicle or failure to affix a roof
sign to a Hackney Carriage Vehicle.
4
3 Years
✓
✓
84
LO
Displaying a sign or advertisement on a
licensed vehicle that does not satisfy the
policy requirements or has not been
approved by the Licensing Authority.
4
3 Years
✓
✓
85
LO
Using a taxi-meter that does not conform
to Licensing Authority requirements.
6
3 Years
✓
✓
✓
86
Committee
Driving with no insurance or inadequate
insurance for the vehicle.
12
5 Years
✓
✓
87
Committee
Permitting the vehicle to be used for any
illegal or immoral purposes.
12
5 Years
✓
✓
✓
88
LO
Failure of a private hire operator to ensure
that office staff act in a civil and courteous
manner at all times.
2
1 Year
✓
89
LO
Failure of a private hire operator to keep
the operating premises in accordance with
Licensing Authority requirements.
3
1 Year
✓
90
Committee
Failure of a private hire operator to ensure
that all vehicles operated by him are
adequately insured.
12
5 Years
✓
91
LO or
Committee
Failure of a private hire operator to obtain
public liability insurance for the operating
premises if the public are allowed access.
6
3 Years
✓
92
LO
Driving or allowing a hackney carriage
or private hire
vehicle to be driven with
tinted windows
which do not conform to
licence
conditions.
2
1 Year
✓
✓
93
LO
Driving or allowing a hackney carriage or
private hire vehicle to be driven without
displaying the door signs or attaching the
signs other than in accordance with the
Councils Policy.
2
1 Year
✓
✓
94
LO
Failing to display “SOUTH
CAMBRIDGESHIRE DISTRICT
COUNCIL” on
the vehicles top sign.
2
1 Year
✓
95
LO
Allowing a hackney carriage vehicle to be
driven with a top sign that is in breach of
the licence conditions.
2
1 Year
✓
SCDC - Hackney Carriage and Private Hire Penalty Points
9
Convictions - Violence
Table 4
Number of Points
Date Since Conviction Received
(Years or Part Thereof)
1
2
3
4
5
6
7
8
9
10
List
No.
Type of Offence
Points are doubled for a term of imprisonment served
96
Common Assault
12
12
12
5
4
3
2
1
0
0
97
Assault, s47
12
12
12
5
4
3
2
1
0
0
98
Grievous Bodily Harm, s20
12
12
12
12
12
12
8
6
4
2
99
Grievous Bodily Harm, s18
12
12
12
12
12
12
12
12
8
6
100
Assault Police
12
12
12
8
6
5
4
3
2
1
101
Affray
12
12
12
6
5
4
3
2
1
0
102
Riot
12
12
12
12
8
6
4
2
0
0
103
Murder
12
12
12
12
12
12
12
12
12
12
104
Manslaughter
12
12
12
12
12
12
12
12
12
12
105
Manslaughter or Culpable
Homicide while Driving
12
12
12
12
12
12
12
12
12
12
106
Using Threatening, Abusive
Words or Behaviour
5
4
3
2
1
0
0
0
0
0
106
A
Battery
5
4
3
2
1
0
0
0
0
0
107
Breach of the Peace
3
2
1
0
0
0
0
0
0
0
108
Drunk and Disorderly
3
2
1
0
0
0
0
0
0
0
109
Common Assault - Aggravated
12
12
12
8
6
4
3
2
1
0
110
Obstruction
12
12
12
6
4
2
0
0
0
0
111
Robbery
12
12
12
12
12
12
12
12
8
6
112
Possess Offensive Weapon
12
12
12
8
6
4
2
0
0
0
113
Possess Firearm
12
12
12
8
6
4
2
0
0
0
114
Possess Firearm with intent
12
12
12
12
12
8
6
4
2
0
115
Criminal Damage
12
12
12
8
6
4
2
0
0
0
116
Violent Disorder
12
12
12
8
6
4
2
0
0
0
117
Resist Arrest
12
12
12
8
6
4
2
0
0
0
118
Arson
12
12
12
12
12
12
12
12
12
12
Convictions - Dishonesty
Table 5
Number of Points
Date Since Conviction Received
(Years or Part Thereof)
1
2
3
4
5
6
7
8
9
10
List
No.
Type of Offence
Points are doubled for a term of imprisonment served
119
Theft
12
12
12
6
4
2
1
0
0
0
120
Theft – Shoplifting
12
12
12
6
4
2
1
0
0
0
121
Theft – Employee
12
12
12
6
4
2
1
0
0
0
122
Theft – From Vehicle
12
12
12
6
4
3
2
1
0
0
123
Burglary & Theft - Dwelling
12
12
12
12
8
6
4
2
1
0
124
Burglary & Theft – Non Dwelling
12
12
12
6
4
3
2
1
0
0
125
Burglary & Theft – Aggravated
12
12
12
12
12
12
8
6
4
2
127
Fraudulent Use
12
12
12
6
4
3
2
1
0
0
128
Handling
12
12
12
6
4
3
2
1
0
0
129
Receiving
12
12
12
6
4
3
2
1
0
0
130
Forgery
12
12
12
6
4
3
2
1
0
0
SCDC - Hackney Carriage and Private Hire Penalty Points
10
131
Conspiracy to Defraud
12
12
12
6
4
3
2
1
0
0
132
Obtain Money by Deception
12
12
12
6
4
3
2
1
0
0
133
Obtain Money by Forged
Instrument
12
12
12
6
4
3
2
1
0
0
134
Deception
12
12
12
6
4
3
2
1
0
0
135
False Accounting
12
12
12
6
4
3
2
1
0
0
134
False Statement to Obtain Benefit
12
12
12
6
4
3
2
1
0
0
136
Going Equipped
12
12
12
6
4
3
2
1
0
0
137
Taking/Driving or Attempt to Steal
Vehicle
12
12
12
6
4
3
2
1
0
0
138
Allow to be Carried in a Stolen
Vehicle
12
12
12
6
4
3
2
1
0
0
139
Perverting the Course of Justice
12
12
12
12
8
6
4
2
0
0
Table 6
Convictions - Drugs
Number of Points
Date Since Conviction Received
(Years or Part Thereof)
1
2
3
4
5
6
7
8
9
10
List
No.
Type of Offence
Points are doubled for a term of imprisonment served
140
Possessing Controlled Drugs
12
12
12
12
8
6
4
2
1
0
141
Possessing Controlled Drugs with
Intent to Supply
12
12
12
12
12
12
10
8
6
4
142
Producing Controlled Drugs
12
12
12
12
12
10
8
6
4
2
143
Import Drugs
12
12
12
12
12
12
10
8
6
4
Convictions - Indecency
Table 7
Number of Points
Date Since Conviction Received
(Years or Part Thereof)
1
2
3
4
5
6
7
8
9
10
List
No.
Type of Offence
Points are doubled for a term of imprisonment served
144
Indecent Exposure
12
12
12
12
12
12
12
10
8
6
145
Indecent Exposure to the
Annoyance of Residents
12
12
12
12
12
12
12
10
8
6
146
Indecent Exposure with intent to
insult a female
12
12
12
12
12
12
12
12
10
8
147
Unlawful Sexual Intercourse
12
12
12
12
12
12
10
8
6
4
148
Importuning
12
12
12
12
12
12
12
10
8
6
149
Gross Indecency with a Female
12
12
12
12
12
12
12
12
12
12
150
Gross Indecency with a Male
12
12
12
12
12
12
12
12
12
12
151
Indecent Assault on a Female
12
12
12
12
12
12
12
12
12
12
152
Indecent Assault on a Child under
16 years of age
12
12
12
12
12
12
12
12
12
12
153
Living Off Immoral Earnings
12
12
12
12
12
12
12
10
8
6
154
Prostitution
12
12
12
12
12
12
10
8
6
4
155
Possessing or Distributing
Obscene Material
12
12
12
12
12
12
12
12
10
8
156
Buggery
12
12
12
12
12
12
12
12
12
12
157
Rape
12
12
12
12
12
12
12
12
12
12
158
Indecent or Nuisance Telephone
Calls
12
12
12
12
12
8
6
4
2
1
SCDC - Hackney Carriage and Private Hire Penalty Points
11
Any subsequent amendments to the legislation will supersede the tables above and this
appendix may be amended to reflect the revised legislation by way of an addendum to this
policy.
Where a breach is proven that is a combination of any of the above offences,
the option to allocate points for each of the offences can be utilised by any
authorised licensing officer or the Licensing sub-committee.