Wealden District Council
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Penalty Points Details of Misconduct

The list of offences/breaches of conditions.

Officers may refer any mandatory award of points to Members where there are aggravating features to a case.

“Yes” indicates potential recipients of points for infringements, but are not limited to those only. Certain cases may result in drivers and/or proprietors and/or operators receiving penalty points. Points may be awarded to one or several persons depending upon the circumstances of the case, but each case will be considered on its individual merits.

Driver Related Misconduct

NumberDetails of the misconductPoints ApplicableDriverVehicle OwnerOperator
1(a) Waiting or stopping on a double yellow area, bus stop or private land (without the owner’s permission) unless briefly for pick up or drop off of passenger(s), OR
(b) Failure to observe rank discipline, OR
(c) Parking/waiting in a designated disabled bay (private/public car parks), OR
(d) Parking and/or leaving a vehicle with its wheels on a public pavement
3Yes  
2(a)Failure to have a valid DBS certificate and subscribe to the DBS Update Service, OR
(b) Unsatisfactory appearance of a driver
6Yes  
3(a) Refusal to accept hiring without reasonable cause, OR
(b) Unreasonable prolongation of journeys, OR
(c) Any misconduct regarding the charging of fares, OR
(d) Carrying more passengers than stated on the vehicle licence, OR
(e) Moving off the rank (without a reasonable cause to do so) when a passenger with assistance needs is approaching the rank
6YesYes 
4Failure to issue receipt on request6YesYesYes
5Carrying two or more separate fares without the appropriate consent from all passengers9Yes Yes
6(a) Carrying an offensive weapon in the vehicle, OR
(b) Driving whilst using a mobile phone
12Yes  
7Driver not holding a current DVLA licence12YesYesYes
8Failure to provide reasonable assistance to a passenger1-12YesYesYes
9(a) Unsatisfactory behaviour or conduct of a driver, OR
(b) Inappropriate behaviour at a taxi rank
1-12Yes  

Vehicle Related Misconduct

NumberDetails of the misconductPoints ApplicableDriverVehicle OwnerOperator
10(a) Evidence of smoking/vaping in the vehicle, OR
(b) Evidence of food/drink debris and/or packaging left in the vehicle prior to accepting the next customer, OR
(c) Failure to display a correct up to date Council fare card, OR
(d) Failure to display an applicable fare card AND the Councils valid fare card together
3YesYesYes
11(a) Displaying unsuitable or inappropriate sited signs or unauthorised advertisements in or on the vehicle, OR
(b) Failure to carry first aid kit
3 YesYes
12Failure to notify a transfer of Private Hire or Hackney Carriage vehicle licence within 14 days of transfer4 Yes 
13Failure to use authorised roof light4YesYes 
14(a) Unsatisfactory condition of vehicle – interior or exterior, OR
(b) Failure to report, in writing, within 72 hours, accident or damage to licensed vehicle, which would cause the vehicle to breach licence conditions, OR
(c) Failure to carry a legal spare wheel (or appropriate alternative) and the necessary tools to fit the spare wheel, OR
(d) Leaving a Hackney Carriage unattended at a rank
4YesYesYes
15(a) Failure to produce Hackney Carriage or Private Hire vehicle for re-testing when required, OR
(b) Failure to return vehicle licence plate within 7 days after due notice following expiry, revocation or suspensions of such licence, OR
(c) Failure to carry fire extinguisher
4 YesYes
16A licensed vehicle with a bald or dangerous or defective tyre4 per tyreYesYesYes
17(a) Failure to undergo VCT on time, OR
(b) Failure to provide proof of insurance cover when requested, OR
(c) Using a non-approved or non-calibrated taximeter (HC), OR
(d) Displaying any feature on Private Hire vehicle that may suggest that it is a Hackney Carriage, OR
(e) Using an unlicensed vehicle whose appearance suggests it is a licensed vehicle
6YesYesYes
18(a) Plying for hire by Private Hire drivers or Hackney Carriage drivers plying for hire outside the district, OR
(b) Using a licensed vehicle in a dangerous condition, OR
(c) Private Hire vehicle parking or waiting on a taxi rank
9YesYesYes
19(a) Using unlicensed vehicle, using a licensed vehicle without insurance or without a valid VCT, OR
(b) Using a vehicle subject to a suspension order issued by an Authorised Officer or a Police Officer, OR
(c) Using a vehicle for which the licence has been suspended revoked, OR
(d) Obstruction of an Authorised Officer or Police Officer wishing to examine a licensed vehicle, OR
(e) Failure to carry an assistance dog without requisite medical exemption certificate
12YesYesYes

Operator Related Misconduct

NumberDetails of the misconductPoints ApplicableDriverVehicle OwnerOperator
20Failure to maintain proper records of Private Hire vehicles3  Yes
21Misleading use of the words ‘Taxi’ or ‘Cab’ on advertising materials3 YesYes
22(a) Failure to maintain records in a suitable form of the commence and cessation of work of each driver each day, OR
(b) Failure to produce on request records of driver’s work activity
4  Yes
23Failure to keep or produce records of Private Hire bookings or other documents required to be kept or produced6  Yes

General Misconduct

NumberDetails of the misconductPoints ApplicableDriverVehicle OwnerOperator
24Failure to notify, in writing, the Council of a change of address within prescribed time scales3YesYesYes
25(a) Failure to attend pre-booked journey punctually at appointed time and place without sufficient cause, OR
(b) Failure to have driver’s badge clearly displayed, OR
(c) Failure to produce relevant documents within timescales when requested, OR
(d) Failure to attend appointment with an Authorised Officer without sufficient cause
4YesYesYes
26(a) Providing false or misleading information on licence application form, failing to provide relevant information or pay the relevant fee (including dishonoured cheques), OR
(b) Failure to notify the Council in writing, of any motoring or criminal convictions within 21 days or conviction or cautions during period of current licence, OR
(c) Failure to notify, in writing, the Council of a change in medical condition within prescribed time scales, OR
(d) Failure to submit licence renewal application, including documents, in a timely manner, OR
(e) Failure to attend a vehicle inspection, OR
(f) Failure to have the external/internal licence plate in a fixed position or failure to display appropriate door signs
6YesYesYes
27Failure to behave in a civil and orderly manner, or bringing the trade into disrepute1-12YesYesYes
28Appeal of points by way of Licensing Sub-Committee4-12YesYesYes