East Devon District Council

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Policy Hackney carriage vehicle and driver licensing policy

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5. Drivers licence

Information that needs to be satisfied before a hackney carriage licence will be issued.

We will need to be satisfied that the applicant is a fit and proper person to hold a hackney carriage driver’s licence and can require from licence applicants such information as may be considered reasonably necessary to determine whether the licence should be granted.

  1. Driver application Procedure
    In support of the application form (completed to the District Council’s satisfaction) the applicant will be required to provide the following:-
    1. a current full driving licence to drive a motor car, held for more than 12 months;
    2. new applicants for a Hackney Carriage or Private Hire driver’s licence who have not held a such a licence with the District Council in the 12 months previous to the application or who have had their licence revoked be required to have passed the Driving Standards Agency taxi assessment test prior to issue of a licence or be able to produce a pass certificate which has been issued by the Driving Standards Agency not earlier than 12 months before the application date;
    3. all existing licensed Hackney Carriage or Private Hire driver whose licence shows 6 or more penalty points issued in one year or 9 or more penalty points issued in a 3-year period be required to take a Driving Standards Agency taxi driver assessment within 3 months of being notified in writing of the requirement by the Licensing Manager, and to produce a pass certificate to the Licensing Manager within 14 days of taking the assessment. Failure to produce a satisfactory assessment within the time period will immediately trigger referral to the Licensing and Enforcement Committee or a Sub Committee of that Committee;
    4. details of any previous criminal convictions that are not spent under the Rehabilitation of Offenders Act 1974;
    5. a completed Disclosure and Barring Service Application form with the current DBS and administration fees for carrying out the disclosure together with all necessary supporting documentation;
    6. a reference from a previous or current employer;
    7. two references from persons who have known the applicant for at least three years and not being close relatives;
    8. confirmation of employment by the applicant’s proposed employer (unless the applicant is to be self-employed);
    9. licence fee in force at the time.
    10. In addition, applicants successful at interview will be required to provide:
      1. driver’s badge deposit fee
      2. two current passport-size photographs
      3. medical certificate (see 5.3 next).
  2. Medical examinations
    1. Applicants for the grant of a hackney carriage driver’s licence will be required to produce a certificate signed by a registered Medical Practitioner certifying that the applicant is physically fit to be the driver of such vehicle, to Group 2 medical standards for vocational drivers’ licences. Any cost of which shall be borne by the applicant.
    2. Further medical certificates will be required every three years, on renewal of the licence until the applicant reaches the first anniversary of the licence renewal date after his/her 65th birthday and then annually at the licence renewal date thereafter.
    3. Holders of current PSV and/or HGV licences, where the holder is able to provide proof of current recent medical examination to support the issue of such a licence, will not be required to undergo further medical examinations.
    4. Without prejudice to the above, the District Council may require the applicant to undergo an examination as to physical fitness to be the driver of a hackney carriage by a registered Medical Practitioner selected by the District Council, the cost to be borne by the District Council.
    5. Where there remains any doubt about the fitness of any applicant, the District Council’s Committee or Sub-Committee responsible for hackney carriage licensing will review the medical evidence and will make any final decision in the light of the medical evidence available.

    Standards and fitness of applicants

  3. Criteria
    In satisfying itself that the applicant is a fit and proper person to whom a driver’s licence can be granted the District Council will take the following into account:-
    1. health/fitness (to be confirmed by medical report following interview
    2. age
    3. character (to be supported by two personal references and one employer’s reference)
    4. EDDC has adopted a policy in relation to the relevance of convictions when applying for a Hackney Carriage Drivers Licence. Please seek advice from the Licensing office should there be any doubt about the relevance of convictions before applying for a licence.
    5. nature of any previous convictions (disclosed in application, revealed by driving licence and/or Criminal Records Bureau response)
    6. previous conduct whilst being the holder of a hackney carriage driver’s licence
    7. knowledge of local geography, principal locations, most direct routes, etc.
    8. employment
      1. confirmation from the prospective hackney carriage proprietor that the applicant will be employed as a hackney carriage driver if the licence application is granted
      2. confirmation of any intended self-employment as a hackney carriage driver
      3. details of any other occupation or profession being followed by the applicant to ensure that the nature, location or duration of that employment will not adversely affect the driver safety standards of the applicant if the licence is granted.
  4. Interview Procedure
    1. The applicant will be determined by the Chief Executive except in cases where an applicant’s driving licence discloses offences with more than 6 penalty points.
    2. Applicants will be interviewed by Licensing Officers acting on behalf of the Chief Executive.
      Interview arrangements -
    3. In all cases applicants will be advised, in writing, of the time, date and venue of the intended interview.
    4. Applicants refused by the Chief Executive may give notice to the District Council within 14 days of notification of refusal, requesting that the application be reheard by the Committee or Sub-Committee at that time responsible for hackney carriage licensing.
    5. In the case of applications heard by the Committee or Sub-Committee responsible for hackney carriage licensing, applicants will be given the opportunity of interview by that Committee or Sub-Committee and of making representation thereto before the application is determined by the Committee or Sub-Committee.
    6. Notification of decision on application
      Applicants will be advised, in writing, of the decision made in respect of their application.
    7. Unsuccessful applicants for the grant of a hackney carriage driver’s licence may, in pursuance of section 59(2) of the Local Government (Miscellaneous Provisions) Act 1976 (as amended), appeal to a Magistrates’ Court against that decision.
    8. Successful applicants at either Officer, Committee or Sub-Committee interview, subject to any further requirements to support the application e.g. completed satisfactory medical examination certificate, etc., will be issued with the relevant driver’s licence and lapel badge against signature.
  5. Interviewing of Applicants
    Applicants granted short-term licences may be required to undergo re-interview before an extension to a one-year licence is considered.

When this policy has been published and will be reviewed

Policy published 27 February 2006 (due for review by 1 August 2015)