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
| Number | Details of the misconduct | Points Applicable | Driver | Vehicle Owner | Operator |
|---|---|---|---|---|---|
| 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 | 3 | Yes | ||
| 2 | (a)Failure to have a valid DBS certificate and subscribe to the DBS Update Service, OR (b) Unsatisfactory appearance of a driver | 6 | Yes | ||
| 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 | 6 | Yes | Yes | |
| 4 | Failure to issue receipt on request | 6 | Yes | Yes | Yes |
| 5 | Carrying two or more separate fares without the appropriate consent from all passengers | 9 | Yes | Yes | |
| 6 | (a) Carrying an offensive weapon in the vehicle, OR (b) Driving whilst using a mobile phone | 12 | Yes | ||
| 7 | Driver not holding a current DVLA licence | 12 | Yes | Yes | Yes |
| 8 | Failure to provide reasonable assistance to a passenger | 1-12 | Yes | Yes | Yes |
| 9 | (a) Unsatisfactory behaviour or conduct of a driver, OR (b) Inappropriate behaviour at a taxi rank | 1-12 | Yes |
Vehicle Related Misconduct
| Number | Details of the misconduct | Points Applicable | Driver | Vehicle Owner | Operator |
|---|---|---|---|---|---|
| 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 | 3 | Yes | Yes | Yes |
| 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 | Yes | Yes | |
| 12 | Failure to notify a transfer of Private Hire or Hackney Carriage vehicle licence within 14 days of transfer | 4 | Yes | ||
| 13 | Failure to use authorised roof light | 4 | Yes | Yes | |
| 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 | 4 | Yes | Yes | Yes |
| 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 | Yes | Yes | |
| 16 | A licensed vehicle with a bald or dangerous or defective tyre | 4 per tyre | Yes | Yes | Yes |
| 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 | 6 | Yes | Yes | Yes |
| 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 | 9 | Yes | Yes | Yes |
| 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 | 12 | Yes | Yes | Yes |
Operator Related Misconduct
| Number | Details of the misconduct | Points Applicable | Driver | Vehicle Owner | Operator |
|---|---|---|---|---|---|
| 20 | Failure to maintain proper records of Private Hire vehicles | 3 | Yes | ||
| 21 | Misleading use of the words ‘Taxi’ or ‘Cab’ on advertising materials | 3 | Yes | Yes | |
| 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 | ||
| 23 | Failure to keep or produce records of Private Hire bookings or other documents required to be kept or produced | 6 | Yes |
General Misconduct
| Number | Details of the misconduct | Points Applicable | Driver | Vehicle Owner | Operator |
|---|---|---|---|---|---|
| 24 | Failure to notify, in writing, the Council of a change of address within prescribed time scales | 3 | Yes | Yes | Yes |
| 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 | 4 | Yes | Yes | Yes |
| 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 | 6 | Yes | Yes | Yes |
| 27 | Failure to behave in a civil and orderly manner, or bringing the trade into disrepute | 1-12 | Yes | Yes | Yes |
| 28 | Appeal of points by way of Licensing Sub-Committee | 4-12 | Yes | Yes | Yes |
