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
| Section | Offence | Max 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.