Taxi Licensing Offences

The law regulating hackney carriage and private hire vehicles, drivers and operators is underpinned by a number of specified offences that are supported by a system of criminal sanctions and penalties.

Many of these fall to the local licensing authority to enforce, although the police can take action in some instances.

To avoid breaking the law you should be familiar with the law and the specified offences.

A brief outline of the offences created by taxi licensing law with an explanation of the standard fine levels is given below.

The tables list offences relevant to either the hackney carriage trade and/or the private hire trade.

Hackney Carriage Trade Offences

Town Police Clauses Act 1847

Section Offence Maximum Penalty
40 Giving false information on application for HC(V) proprietor's licence Level 1
44 Failure to notify change of address of HC(V) proprietor Level 1
45 Plying for hire without HC(V) proprietors licence Level 4
47 Driving a HC(V) without HC drivers' licence. Level 3
47 Lending or parting with HC drivers' licence Level 3
47 HC(V) proprietor employing unlicensed driver Level 3
48 Failure of HC(V) proprietor to hold HC drivers' licence Level 1
48 Failure of HC(V) proprietor to produce HC drivers' licence Level 1
52 Failure to display HC(V) plate Level 1
53 Refusal to take a fare Level 1
54 Charging more than the agreed fare Level 1
55 Obtaining more than the legal fare Level 3*
56 Travelling less than the lawful distance for the agreed fare Level 1
57 Failing to wait after a deposit to wait has been paid Level 1
58 Charging more than the legal fare Level 3
59 Carrying another person than the hirer without consent Level 1
60 Driving HC(V) without proprietor's consent Level 1
60 Allowing another to drive HC(V) without proprietors' consent Level 1
61 Drunken driving of HC(V) Level 1
61 Wanton / furious driving / wilful misconduct causing injury / danger Level 1
62 Driver leaving HC(V) unattended Level 1
64 HC driver obstructing other HC(V)'s Level 1

This incurs a level 3 penalty and 1 months' imprisonment until the excess is refunded.

Local Government (Miscellaneous Provisions) Act 1976

Section Offence Maximum Penalty
49 Failure to notify transfer of HC(V) proprietors' licence Level 3
50(1) Failure to present HC(V) for inspection as required Level 3
50(2) Failure to inform local authority where HC(V) is stored if requested Level 3
50(3) Failure to report an accident to local authority Level 3
50(4) Failure to produce HC(V) proprietors' licence and insurance certificate Level 3
53(3) Failure to produce HC driver's licence Level 3
57 Making false statement or withholding information to obtain HC drivers licence Level 3
58(2) Failure to return a plate after expiry of notice, revocation or suspension of HC(V) proprietor's licence Level 3
61(2) Failure to surrender driver's licence after suspension, revocation or refusal to renew Level 3
64 Permitting any vehicle other than HC(V) to wait on HC stand Level 3
66 Charging more than the meter fare for a journey ending outside the district without prior agreement Level 3
67 Charging more than the meter fare when HC(V) used as private hire vehicle Level 3
69 Unnecessarily prolonging a journey Level 3
71 Interfering with a taximeter Level 3
73(1)(a) Obstruction of an authorised officer or constable Level 3
73(1)(b) Failure to comply with requirements of authorised officer or constable Level 3
73(1)(c) Failure to give information or assistance to authorised officer or constable Level 3

Private Hire Trade Offences

Local Government (Miscellaneous Provisions) Act 1976

Section Offence Maximum Penalty
46(1)(a) Using an unlicensed PH(V) Level 3
46(1)(b) Driving a PH(V) without a PH driver's licence Level 3
46(1)(c) Proprietor of a PH(V) using an unlicensed driver Level 3
46(1)(d) Operating a PH(V) without a PH operator's licence Level 3
46(1)(e) Operating a vehicle as a PH(V) when the vehicle is not licensed as a PH(V) Level 3
46(1)(e) Operating a vehicle as a PH(V) when the driver is not licensed as a PH driver Level 3
48(6) Failure to display PH(V) plate Level 3
49 Failure to notify transfer of PH(V) licence Level 3
50(1) Failure to present PH(V) for inspection as required Level 3
50(2) Failure to inform local authority where PH(V) is stored if requested Level 3
50(3) Failure to report an accident to local authority Level 3
50(4) Failure to produce PH(V) licence and insurance certificate Level 3
53(3) Failure to produce PH drivers licence Level 3
54(2) Failure to wear PH driver's badge Level 3
56(2) Failure by PH operator to keep records of bookings Level 3
56(3) Failure of PH operator to keep records of vehicles operated by him Level 3
56(4) Failure to produce PH operator's licence on request Level 3
57 Making false statement or withholding information to obtain PH driver's or operator's licence Level 3
58(2) Failure to return plate after expiry of notice, revocation or suspension of PH(V) licence Level 3 + £10 daily fine
61(2) Failure to surrender driver's licence after suspension, revocation or refusal to renew Level 3
67 Charging more than the meter fare when HC used as PH vehicle Level 3
69 Unnecessarily prolonging a journey Level 3
71 Interfering with a taximeter Level 3
73(1)(a) Obstructing of authorised officer or constable Level 3
73(1)(b) Failure to comply with requirement of authorised officer or constable Level 3
73(1)(c) Failure to give information or assistance to authorised officer or constable Level 3

Transport Act 1980

Section Offence Max Penalty
64(2)(A) Driving a PH(V) with a roof sign which contravenes s64(1) Level 3
64(2)(b) Causing or permitting a PH(V) to be driven with a roof sign which contravenes s64(1) Level 3

Equality Act 2010

SectionOffenceMax Penalty
 165 Failure to comply with duties when carrying wheelchair passengers Level 3
 168 Refusing to carry an assistance dog in a Taxi Level 3 
 170 (1) The Private Hire Operator refusing to accept a booking where the passenger has an assistance dog Level 3
 170 (2) Making an additional charge for an assistance dog Level 3
 170 (3) Driver of Private Hire Vehicle refusing or failing to undertake a booking where the passenger has an assistance dog Level 3

Standard Scale of Fines

The current fine levels are shown below.

Level

Maximum fine

1 £200
2 £500
3 £1,000
4 £2,500
5 £5,000

Mobile Phones

It is an offence to use a hand-held (mobile) phone, or similar device, when driving. If you are found to be using a mobile phone (or a similar device) you could be fined £200 and receive six penalty endorsement points, or on conviction at court you could be banned from driving and receive a fine of up to £1,000 (or £2,500 for drivers of goods vehicles, buses or coaches)

Drivers can still risk prosecution for failure to have proper control for using hands-free phones when driving.

Additional information can be found here.