TAXI AND PH DOS AND DON’TS
If my licence is suspended or revoked, do I have to stop work immediately?
This one is very important:
l If suspended on the grounds of public safety, under section 61: 2(B) Local Government (Miscellaneous Provisions) Act 1976 (LGMPA), then you must stop work as soon as you receive the notice
l Otherwise, you have 21 days from the date you receive the written notice to decide if you want to appeal. You can continue to work during this time.
l If you do appeal, under section 77 LGMPA, then you may continue to work
Can you renew a licence after expiry?
Whilst there are a handful of councils that do allow a grace period, this is very rare. For most, once the licence has expired, it cannot be renewed. It is treated as a new application. So keep an eye on your expiry date and ensure you apply to renew in plenty of time.
Can I continue to work whilst waiting for my council to process and issue my renewal licence?
YES - as seen in the case Cartledge v Gedling Council and reported in PHTM Feb 2022; provided the full and complete application has been submitted: “It cannot have been an intention of parliament that a licensee would be placed out of work due to no fault of their own.”
Seatbelts, when is a driver exempt from wearing one? There are two very different exemptions here:
l HC drivers are exempt whilst carrying passengers, whilst plying for hire (within their licensed area only), and whilst answering a call for hire, which means on the way to collect a pre-booked fare.
l PH drivers are only exempt whilst physically carrying passengers (POB).
What about passengers and seat belts?
l The driver should ask all passengers to put their seat belt on, but is only directly responsible for children under 14 years old.
l The role of the driver is merely to ask adults to belt up.
l For safety reasons, we advise not to drive off until passengers have put the seat belt on, but we do not suggest creating an aggressive situation by demanding they do it as it simply isn’t worth the risk.
PHTM FEBRUARY 2025
FIGHTING FOR OUR TRADE FOR OVER 30 YEARS!
www.nphta.co.uk
JOIN US TODAY STRENGTH IN NUMBERS
15 What about children?
By law, all children must travel ‘on the rear seat’, children under three do not need to wear a seat belt, but all children over three must wear a seat belt.
Do we have to carry a booster seat for children?
NO - as hard as they have tried to roll this out to our industry, it never happened since the range of seats that would need to be carried would reduce the space for luggage; add to that the health and safety aspect, but children must travel “on the rear seat”.
Do I always have to “wear” my badge when on duty?
Some councils insist on a lanyard worn around the neck, however, the actual term in law is: “clearly visible”. In our view this does not mean around the neck, since that actually prevents the badge from being seen at all other than from in front of the vehicle. Also around the neck is extremely dangerous, and we are exempt from wearing seatbelts for a reason!
Can a non-badge holder drive my HC or PHV?
NO - no one, not even your spouse, is allowed to drive a plated vehicle at any time or under any circum- stances, the only exemptions to this are mechanics test driving to identify a fault, and TfL licensed PHVs.
Can I smoke in my vehicle?
NO - once your vehicle is licensed, it remains licensed at all times, which means you and your passengers cannot smoke or vape at any time, even when you are not on duty. If caught, your council may take action.
Can I refuse an assistance dog?
NO - absolutely not! HC and PH drivers cannot refuse to take guide dogs and assistance dogs unless they have a valid medical exemption certificate for allergies.
The weather is bad, roads are dirty, what are the risks?
If your DVLA number plate, or HC/PH plate is not visible, then you run the risk of points against your licence. Your vehicle is your workplace, keep it clean.
I hope that you have found this recap useful. As always if you have any queries, please do get in touch.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76
