Appendix I: penalty points
The Borough Council operates a local penalty points scheme. This is a separate scheme to that which operates under the Road Traffic Offenders Act 1988.
Penalty points can be imposed on the drivers of Private Hire Vehicles and Hackney Carriages, proprietors of vehicles and Operators of Private Hire Vehicles for various infringements and are shown below. This system is designed for the public interest, as an aid to ensure continued public safety and to give the individual concerned a chance to rectify any relatively minor breaches of licence conditions without the need for the Council to resort straight to suspension, revocation or prosecution.
Drivers aggrieved by the imposition of penalty points on their hackney carriage /private hire drivers licence may appeal in writing to the Licensing Manager within 21 days of the notification of points awarded and have the matter considered by the Councils Licensing Committee.
If an individual concerned accrues a total of 12 local penalty points within a 3 year period then they will automatically be referred to the Licensing Committee of the Council to show just cause why their licence should continue.
The following list, whilst not exhaustive, details the circumstances in which a licence holder will be directly referred to the Licensing Committee:
- providing false or misleading information on licence application form, or failing to provide relevant information including any convictions imposed
- authorised officer refused access to Operator/driver records
- carrying excess passengers
- abusive or obstructive behaviour (verbal or physical) to authorised officers of the Borough Council or police officers
- using a vehicle for which the licence has been suspended or revoked
- carrying an offensive weapon in the vehicle
- driver not holding a current DVLA licence
- nine or more penalty points on a DVLA driving licence
- convictions including motoring convictions for:
- drinking or drugs when driving
- causing death by careless driving
- reckless or dangerous driving
- offences resulting in disqualification
- disqualified from holding a licence until driving test passed
Infringement | Penalty |
---|---|
Failing to have a Private Hire Driver/ Hackney Carriage Driver badge in his/her possession whilst driving a licensed vehicle | 3 points |
Not having an appropriate Fire Extinguisher and/or first aid kit in the vehicle | 3 points |
Failing to notify the Licensing Office, in writing within 7 days, of a change to name and/or address | 3 points |
Failing to carry Licensing Handbook whilst driving a licensed vehicle | 3 points |
Failing to display any Plates, Signs or Notices required by the Borough Council | 3 points |
Failing to deal with lost property in the correct manner | 3 points |
Private Hire Operator failing to notify the Licensing Office of any complaints received | 3 points |
Failing to attend the Council Offices when directed by an authorised officer | 3 points |
Failing to provide annual check documentation within 7 days of request | 3 points |
The issue of an Unfit vehicle notice for any reason other than for an accident | 3 points |
Unreasonable prolongation of journeys or any misconduct regarding the charging of fares | 3 points |
Failing to attend at appointed time and place without sufficient cause | 3 points |
Failing to display fare card (Hackney carriage) | 3 points |
Parking/Stopping contrary to authorised road markings | 3 points |
Parking/Stopping with one or more wheels on the pavement - in avoidable circumstances where obstruction has been caused | 3 points |
Failing to notify the Licensing Office, in writing within 7 days, of any points or convictions being imposed | 4 points |
Failing to produce a valid insurance certificate/cover note within 7 days of request | 4 points |
Failing to notify the Licensing Office, in writing within 72 hours, of being involved in an accident | 4 points |
Leaving a vehicle unattended on the rank | 4 points |
Private Hire Operator failing to maintain their records in the correct format | 4 points |
A licensed vehicle not carrying a spare wheel that is capable of being used | 4 points |
Using a mobile phone, radio handset, eating or drinking whilst the vehicle is in motion unless specifically exempted by law | 6 points |
Displaying any feature on a private hire vehicle which would suggest it is a taxi | 6 points |
Using a unlicensed vehicle | 6 points |
Private Hire drivers touting for business | 6 points |
Failing to notify the Licensing Office of any change in medical fitness to drive | 6 points |