TAXI AND PH DOS AND DON’TS
Article by Dave Lawrie, Director NPHTA
info@nphta.co.uk
NPHTA regularly receives queries from members of our trade regarding action or threats of action being taken by their council for breach of licensing rules. Whilst we appreciate licence holders should already know this information; we still see mistakes happening, which can potentially have serious consequences for those involved.
We therefore thought it would be a good idea to recap, in a clear question and answer format, some basic licensing principles.
What is the difference between a hackney carriage or taxi (HC) and a private hire vehicle (PHV)?
l A taxi must have a top light, which will be illuminated when it is available for hire, a taximeter fitted and its fares are set by the council where it’s licensed. It can be hailed in the street and can make use of taxi ranks in the area where it’s licensed. It can also accept its own bookings from any source, including a private hire operator (PHO) without being locked into the ‘triple lock rule’.
l A private hire vehicle may not be flagged down in the street and cannot park, wait, drop off or make use of taxi ranks at any time. Fares are set by its operator, it cannot accept its own bookings. PHVs are also restricted by the ‘triple lock rule.’
Can a vehicle be plated by more than one council at a time?
NO - a PHV or HC may only be licensed by one council at a time because different councils have different vehicle licensing conditions.
Can a driver be licensed by more than one council?
YES - a driver may be licensed by as many councils as they like, since the driver licensing requirements are similar for all councils, including DBS and Group 2 Medicals.
Can a PH driver work for an operator licensed by a different council to their badge and plates?
NO - the triple lock rule is clear: all three licences, the driver badge, the vehicle plate, and the private hire operator licence must all be from the same council.
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What about if the local operator also holds an operator’s licence from my council?
This only allows them to “subcontract” to their partner operator. The Deregulation Act 2015 does NOT allow them to directly send jobs to drivers regardless of where they are licensed! Doing so is a serious offence which can result in both the operator and the driver being prosecuted.
Can a PH driver pick up a passenger without pre- booking?
NO - a PH driver may not accept their own bookings, including ALL passengers, even those with disabilities. If they are not pre-booked, they can’t get in your vehicle.
Can a PH driver book trips for the passenger standing by his car?
NO - this is not acceptable, this is backfilling: “a private hire driver may not be involved in the invitation or acceptance of bookings.” The driver should drive off and allow the passenger to book the trip; if their vehicle remains the nearest once booked, then they can be sent back to collect them.
Can a PH driver drive a taxi?
NO - they are licensed to drive private hire vehicles only; the same applies to a driver who holds a hackney carriage badge only, they may not drive a private hire vehicle. However, there are some councils that issue a dual badge, in which case the driver may drive both types of vehicle.
Can a HC driver charge more than the fare shown on the meter?
NO- for all trips which start and end within the licensed area, the fare cannot be more than the maximum shown on the meter, but they can charge less.
What about a HC driver taking a pre-booked job from a private hire operator?
NO - the same rules apply. The vehicle remains a HC regardless of how the booking is received.
Can a wheelchair user be charged more for the vehicle type?
NO - absolutely not, visit:
https://audio.com/david-
pawlaszek-lawrie/audio/disabled-access-overcharging The metered fare is the maximum that may be charged, the time taken to assist the passenger in and out of the vehicle is not chargeable.
FEBRUARY 2025 PHTM
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