Hackney carriage and private hire licensing

Summary

Details on private hire and hackney carriage taxis including licensing information and forms

Latest News

Cash payment and cashier desk facilities are no longer available at the Hadleigh Council Offices. Please arrange to pay licence fees via cheque or debit/credit card. To pay by card please call a member of the Licensing Team on 01473 826664 or 01473 826658.

CRB (Enhanced) Level Discosure Fee Increase from 06 April 2011
On 14 March 2011 the Criminal Records Bureau (CRB) has announced an £8 increase to the fee for this check (now £44 up from £36). This will mean a new driver, or driver requiring checks, will pay a licence fee to Babergh District Council of £134.

Equality Act 2010 (Sections 165 &166) - Duties to assist passengers in wheelchairs and exemption from the duties:

The Equality Act 2010 contains new provisions which, when commenced, will place duties on taxi and private hire drivers, to provide assistance to people in wheelchairs, if their vehicle is on a designated list maintained by the local licensing authority. A driver can now apply to Babergh's Licensing Team for an exemption notice from the duties, if it is appropriate to do so. Please contact the Licensing Team if you wish to make further enquiries or request the relevant form. This section of the Act was commenced on 1 October 2010, and gives the opportunity to drivers to apply for an exemption notice prior the actual duties to assist being implemented at a later date.

Licensing Register: You can check Babergh licensed operators, drivers and vehicles via the Council licensing register (see link below). Bogus taxi operators operate nationwide, even in Babergh, and pose significant risks to public safety as drivers and vehicles will be unchecked and any insurance cover invalidated. It is recommended that you book licensed services in advance where possible and carry numbers of several legitimate operators when you are enjoying a night out.

Quicklinks

What is the difference between a Hackney Carriage and a Private Hire Vehicle?

Hackney carriages and private hire vehicles are licensed by Babergh District Council in a similar way but are subject to differing conditions and are primarily regulated by different legislation. Hackney carriages are usually known as 'taxis' although the term is often used by the general public for both types of vehicles. The Council can only licence vehicles with up to 8 passenger seats. Anything above this normally falls into a different regime of licensing (Public Service Vehicle - PSV) administered by VOSA in Cambridge. The regime of controlling licensed vehicles inside the London area is different to that outside of London. Vehicles will not be issued a licence by Babergh District Council if they are still plated elsewhere.

A Babergh licensed hackney carriage can use any designated ranks in the Babergh area, can be flagged down in the street, is available for immediate hire, may 'ply-for-hire', and will normally have an illuminated roof sign. In Babergh these are issued with white plates for identification. Applications for new Hackney Carriage plates may be considered from April 2009 - subject to enhanced terms and conditions relating to accessibility, age and type approval (contact the Licensing Team if you require further information). The maximum fares chargeable by hackney carriage proprietors are regulated by the Council although an operator may set or a customer may negotiate a lower fare. The current fare table can be viewed by clicking on the link below:

Hackney Carriage Fare Table effective from 1st December 2010

A private hire vehicle must be pre-booked in advance via a licensed private hire operator’s base within the district. PHV's cannot use the ranks, cannot 'ply-for-hire' or be flagged down in the street. In Babergh these are issued with yellow plates for identification. Private hire vehicles can set their fares at whatever level they choose and often a customer will agree a fare with the controller/operator when making the booking.

 


What do I need to do to apply for a hackney carriage licence?

The law that primarily regulates hackney carriages is over 150 years old and is in increasing need of fundamental reform. From April 2009 any Babergh licensed hackney carriage can operate throughout the whole district - with potential benefits to the consumer, environment and operators. The previous system of restricting operation to a 'sub-zone' area of the district has now been removed.

New plates may only be considered for wheelchair accessible vehicles that are subject to enhanced standards for the benefit of the consumer - including age restriction and European type approval (ECWVTA).

Please contact the Licensing Team direct for further information and before acquiring a vehicle. Presenting a vehicle for licensing or the acceptance of an application is not a guarantee that a licence will be issued. Local licensing policy and requirements do not undermine the rights of any individual to make an application where provision has been made in the law for them to do so.


 


What do I need to do to set up my own private hire business?

For an operator to use one vehicle and one driver for a private hire business, you would require three licences - one as a private hire operator, one for your vehicle and one for the driver. Only licensed drivers can drive a licensed vehicle. An operator/driver must be determined as 'fit and proper' to hold a licence.

You would need an operating base within the Babergh District from where you make provision for making or accepting bookings - an important part of the licensing requirements. This base will require facilities for taking bookings from a member of the public/business client. You may require planning permission and will have to maintain a booking log available for inspection by the Council or Police. You should also retain all licences issued by the Council for drivers and vehicles you use as these may also need to be inspected. Some private hire operators have a waiting area where customers can go and wait for their booking although this is not essential. To check if you need planning approval for your operator base please contact Planning Control on (01473 825858).

The Council will spot-check licensed premises/vehicles and drivers to ensure compliance and administers and enforces the licensing functions with an overarching objective of ensuring public safety. In performing this role, the Council will undertake to minimise any disproportionate regulatory burden on local businesses and will normally operate on a risk-based assessment scheme.

You can NOT lawfully operate until you hold all licences. This means that you can NOT invite or accept bookings (through advertising or other means) or take bookings with a view to passing them on to another licensed operator.


How do I apply to drive for an existing licensed operator?

You can drive for any Babergh licensed operator. Driver licences issued by Babergh will allow you to drive both types of vehicle - hackney carriages and private hire. Upon application you will need to provide various information, including an enhanced criminal records bureau (CRB) disclosure, in order to satisfy the Authority that you are 'fit and proper' to hold such a licence. Overseas driver applicants will ordinarily need to produce additional information, including a 'Certificate of Good Conduct' from the relevant embassy, and allow further time for their application to be processed. Applicants holding EU or overseas driver licences need to obtain a UK counterpart licence (D9) from the DVLA before they can be considered for a licence. Evidence of entitlement to work and immigration status may also be required and validated. Further, subject to Data Protection requirements, the Council may share data with other agencies where it is necessary to detect or prevent fraud or illegal working.

Public safety is the paramount concern of the Licensing Authority at all times when considering licence applications.

 


How do I apply for a licence and what is the fee?

All licences are granted for 12 months. Fees vary and are subject to change and periodic review. Currently a new vehicle licence fee is £297 (renewal £266), a PHV operator licence is £130-£365 per annum and a new driver licence is £134 (£85 renewal).

Due to the high volume of applications and enquiries dealt with by the Licensing Section, renewal applications MUST be applied for a MINIMUM of 14 days before the expiry of the existing licence. You must not use a driver or vehicle until the licence application has been granted and issued. Incomplete or incorrect applications can not be considered.

Licence fees may be paid using a credit or debit card - please contact the Licensing Section for assistance if you wish to pay by either of these methods.

For further guidance and the relevant application forms please complete our on-line request form below:

Request Further guidance and application pack form 


Important changes to '7 day contract exemption' rules

The Road Traffic Safety Act 2006 (section 53) repealed the part of section 75 of the Local Government (Miscellaneous Provisions) Act 1976 which exempted certain categories of Private Hire drivers and vehicles from the need to be licensed - if they conducted their business by having hire contracts of not less than 7 days.

This change has been made in the interests of public safety, and now enables Local Authorities to conduct 'fit and proper' assessments on drivers, and suitability/safety checks on  vehicles offering this type of service. In particular this will affect operators of school-run and social services contracts. It will also include executive hire, chauffeur services, park and ride for private car parks, airport travel, and even some private ambulance services.

These changes were implemented from 28 January 2008. 

As of 01 April 2008, the Council may also consider issuing private hire licences for some smaller stretched limousine type vehicles (constructed for no more than 8 passengers). However strict qualifying criteria, test inspection and conditions will apply (please contact the Licensing Section for further information). Licence fees for such vehicle applications will be around £385 per annum. Larger (8 seater plus) stretched limousines are regulated by the Traffic Commissioners of VOSA (Vehicle and Operator Standards Agency) . For further information on operating stretched limousine type vehicles please click on the Department for Transport link below:

Guidance for operators of stretched limousines (PDF, 287kb) 



How do Child Seating/Restraint Regulations affect Taxi Operators?

From 18 September 2006 new national laws came into effect relating to child seats and child seating restraints. These provisions do make some allowances for licensed HC/PHV operators and proprietors. In order to clarify the position for HC/PHV licence holders, we can confirm the following:

  1. Children under 3 years old MUST use the child restraint appropriate for their weight in any vehicle (including vans and other goods vehicles). There is one exception, a child under 3 years old may travel unrestrained in the rear of a taxi if the correct child restraint is not available (whether from the driver or the parent/guardian).
  2. In vehicles where seat belts are fitted, children from their 3rd birthday up to 135 cms (approx 4ft 5ins) in height (or 12th birthday whichever they reach first) MUST use the appropriate child restraint. One of the three exceptions to this is that these children may travel in the rear and use an adult seatbelt in a taxi where the correct child restraint is not available (whether from the driver or the parent/guardian).

Where the government have referred to 'taxi' this definition is also meant to include PHV for these purposes. Responsibility for compliance with these regulations is with the driver of the vehicle.


Access the Licensing Register

Please select the link below for the Babergh Licensing Register where you can find public register details of all licensed operators, vehicles and drivers:

Babergh District Council Licensing Register

 Forms and documents ...

!

Completing an online form helps us to save money, time, and paper. Our online forms are secure. If you are in a public place (library, internet cafe, etc) and you are providing us with personal information, please take extra precautions to protect your information.

In order to view a downloadable document your computer must have the relevant free plug-in installed. About downloading files.

If you would prefer to fill in a paper copy of a form, would like help with a form or would like a paper copy of a document, please contact the Licensing team.

 Related page ...

External links ...

Directgov logo
Directgov

VOSA
The Vehicle and Operator Services Agency (VOSA) provides a range of licensing, testing and enforcement services with the aim of improving the roadworthiness standards of vehicles ensuring the compliance of operators and drivers, and supporting the independent Traffic Commissioners.

VOSA main website
VOSA Public Service Vehicle Licence Forms web page

DVLA
The Driver and Vehicle Licensing Agency is an Executive Agency of the Department for Transport (DfT).

DVLA main website
DVLA Driver information web page

About links to external sites.

Contact us ...

Team:
Licensing
Telephone:
01473 826658
Minicom/textphone:
01473 825878
Fax:
01473 825738
Address:
Babergh District Council
Corks Lane
Hadleigh
IPSWICH
IP7 6SJ

If you need information in large print, audio cassette, braille, translation (written or verbal) or signed interpretation, let us know when you contact us. About our translation services.

Last updated on: 26 January 2012 | Date of next review: 26 January 2013

Website Accessibility






Privacy Policy   

   Disclaimer   

Webmaster





http://www.babergh.gov.uk/Babergh/Home/Transport+and+Streets/Taxis/Taxis.htm