- THE RIGHTS AND WRONGS Firstly, what do we mean by “authorised officer”?
An officer is clearly a person, an individual. It cannot be an entity or public body. To be authorised is to have received authority. In order to be able to prove that an individual is indeed in receipt of such authority there would need to be a written document of some kind. This could be the officer’s employment contract if he or she worked directly for the council that issued the vehicle and driver licences in the first place, and/or some form of identification confirming his/her status. If he or she was not employed directly by the council in question, authorisation would have to take the form of a letter addressed directly to and naming him or her. He or she would then have to produce the letter and some form of identification in order to confirm that he/she was the authorised person mentioned in the letter.
Therefore, if, as a driver of a licensed vehicle, you are approached by an officer from another council you may ask for proof of authorisation before allowing him or her to inspect your vehicle.
“May I see the letter of authority from [my council] please, naming you as an officer authorised by them?”
If no such letter is produced you may refuse the inspection. However, if they are, or are accompanied by, a police constable you may not refuse.
Where our driver dropping in Manchester came unstuck was that if they, or anyone else asks to see your driver badge you may not refuse this because to do so would be to commit an offence under Section 54 (2) of the Act of 1976:
(2) (a) A driver shall at all times when acting in accordance with the driver’s licence granted to him wear such badge in such position and manner as to be plainly and distinctly visible. (b) If any person without reasonable excuse contravenes the provisions of this subsection, he shall be guilty of an offence.
Therefore, if someone asks to see your badge it is presumably because they can’t see it, in which case you are not wearing it “in such position and manner as to be plainly and distinctly visible.”
You would not be obliged to hand it to them as you would then no longer be wearing it but, while the lanyard to which it is attached is still around your neck, you should move it closer to them so they may see it clearly.
A licensing officer from another area may wish to ascertain that you are licensed and by which authority. They would also have the power to prosecute you if they had reason to believe and had evidence that you were plying for hire.
Upon inspecting vehicles, finding defects and suspending ve- JANUARY 2021
hicles under section 68, in some areas the police and/or li- censing enforcement officers have been removing licence plates on the spot. To do so is actually unlawful and contrary to Section 58 of the Act of 1976 which states: 58 Return of identification plate or disc on revocation or expiry of licence etc.
(1) On—
(a) the revocation or expiry of a vehicle licence in relation to a hackney carriage or private hire vehicle; or
(b) the suspension of a licence under section 68 of this Act; a district council may by notice require the proprietor of that hackney carriage or private hire vehicle licensed by them to return to them within seven days after the service on him of that notice the plate or disc which —
(a) in the case of a hackney carriage, is required to be affixed to the carriage as mentioned in section 38 of the Act of 1847; and
(b) in the case of a private hire vehicle, was issued for the vehicle under section 48(5) of this Act.
(2) If any proprietor fails without reasonable excuse to comply with the terms of a notice under subsection (1) of this section — (a) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale] and to a daily fine not exceeding ten pounds; and
(b) any authorised officer of the council or constable shall be entitled to remove and retain the said plate or disc from the said hackney carriage or private hire vehicle.
Some councils and police officers, upon being made aware of the above, have effectively circumvented these requirements by defacing the plate with stickers bearing the word “SUSPENDED.”Whilst this may or may not be contrary to the letter of the law, it is certainly contrary to its spirit.
When the Act of 1976 originally made its way through both Houses of Parliament before achieving royal assent, I’m sure it was intended that taxi and private hire drivers be treated with respect and as human beings.
However, it would certainly seem that some local authorities have other ideas.
Article by Steven Toy NPHTA Board member Trade leader of the Cannock Chase Hackney Carriage Private Hire Liaison Group
11
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 |
Page 77 |
Page 78 |
Page 79 |
Page 80
