regulation of hackney carriage drivers

charles007 · **Posted:** Sun Dec 20, 2009 1:28 pm

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

captain cab · **Posted:** Sun Dec 20, 2009 2:06 pm

charles007 wrote:

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

Hi Charley,

Seasons greetings.

There is a school of thought that if a council is going to do things properly in respect of HC drivers it should make sure its byelaws are correct.

The case Wathan vs. Neath Port Talbot was about something similar.

we had a case in Carlisle where a driver was suspended for not declaring convictions that occurred in between licensing periods. Our byelaws were out of date so the driver effecively won at magistrates.

CC

Chester J.D. · **Posted:** Sun Dec 20, 2009 3:28 pm

We have to inform our council within seven days

Requirements and Conditions for Dual Licensed Drivers (Hackney/Private Hire)
The following requirements and conditions are made by Cheshire West and Chester Council in pursuit of the powers conferred by the Local Government (Miscellaneous Provisions) Act 1976 (as amended) to ensure effective and efficient regulation of Hackney Carriage and Private Hire use and to ensure proper standards are maintained in the interest of public safety.

4.0 CONVICTIONS, WARNINGS, CAUTIONS, REPRIMANDS etc
4.1 The driver shall notify the Council (in writing) of any convictions against him/her within seven days after the conviction has been made.
4.2 The driver shall notify the Council (in writing) of any Police Warnings and/or Cautions given to him/her within seven days of them being given.
4.3 The driver shall notify the Council (in writing) of any nominated or self elected training courses offered to them instead of/as well as a driving conviction within seven days of them being nominated or self elected.
4.4 It is the driver’s responsibility, should they be questioned by an authorised officer, Constable or other relevant authority, to inform that authority that they are the holder of a licence.

captain cab · **Posted:** Sun Dec 20, 2009 3:30 pm

JDBubbles wrote:

We have to inform our council within seven days

Requirements and Conditions for Dual Licensed Drivers (Hackney/Private Hire)
The following requirements and conditions are made by Cheshire West and Chester Council in pursuit of the powers conferred by the Local Government (Miscellaneous Provisions) Act 1976 (as amended) to ensure effective and efficient regulation of Hackney Carriage and Private Hire use and to ensure proper standards are maintained in the interest of public safety.

4.0 CONVICTIONS, WARNINGS, CAUTIONS, REPRIMANDS etc
4.1 The driver shall notify the Council (in writing) of any convictions against him/her within seven days after the conviction has been made.
4.2 The driver shall notify the Council (in writing) of any Police Warnings and/or Cautions given to him/her within seven days of them being given.
4.3 The driver shall notify the Council (in writing) of any nominated or self elected training courses offered to them instead of/as well as a driving conviction within seven days of them being nominated or self elected.
4.4 It is the driver’s responsibility, should they be questioned by an authorised officer, Constable or other relevant authority, to inform that authority that they are the holder of a licence.

They have you on the Dual license aspect, dont like duel licenses myself.......too easy :wink:

CC

charles007 · **Posted:** Sun Dec 20, 2009 4:17 pm

captain cab wrote:

charles007 wrote:

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

Hi Charley,

Seasons greetings.

There is a school of thought that if a council is going to do things properly in respect of HC drivers it should make sure its byelaws are correct.

The case Wathan vs. Neath Port Talbot was about something similar.

we had a case in Carlisle where a driver was suspended for not declaring convictions that occurred in between licensing periods. Our byelaws were out of date so the driver effecively won at magistrates.

CC

Hi Wayne

and to you and your familey, and thank you for the post, i know ihave seen it some were but thank you i will look at there bylaws.

jimbo · **Posted:** Sun Dec 20, 2009 4:22 pm

A drver may or may not be required to inform their LO of a recent conviction, but the Police ARE required to notify the council, even for a caution.

captain cab · **Posted:** Sun Dec 20, 2009 4:30 pm

jimbo wrote:

A drver may or may not be required to inform their LO of a recent conviction, but the Police ARE required to notify the council, even for a caution.

Under the Notifiable Occupations Scheme;

http://www.homeoffice.gov.uk/about-us/publications/home-office-circulars/circulars-2006/006-2006/

Interestingly enough we're in catagory 1 which states we are subject to enhanced CRB's.

Now, according to the CRB we are not subject to enhanced CRB's

Confused? you will be :lol:

CC

Sussex · **Posted:** Sun Dec 20, 2009 6:20 pm

charles007 wrote:

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

Depends on what their by-laws say.

Sussex · **Posted:** Sun Dec 20, 2009 6:21 pm

jimbo wrote:

A drver may or may not be required to inform their LO of a recent conviction, but the Police ARE required to notify the council, even for a caution.

That depends if the driver gives the police his occupation.

Sussex · **Posted:** Sun Dec 20, 2009 6:24 pm

captain cab wrote:

Now, according to the CRB we are not subject to enhanced CRB's

According to the CRB folks any council that refuses a taxi/PH license due to information gained from an enhanced check, is acting illegally, as they have no powers to ask for that level of check for the taxi/PH trade.

charles007 · **Posted:** Sun Dec 20, 2009 8:01 pm

Sussex wrote:

captain cab wrote:

Now, according to the CRB we are not subject to enhanced CRB's

According to the CRB folks any council that refuses a taxi/PH license due to information gained from an enhanced check, is acting illegally, as they have no powers to ask for that level of check for the taxi/PH trade.

Sussex were can a copie or have you got in wirghting.

charles007 · **Posted:** Sun Dec 20, 2009 8:02 pm

Sussex wrote:

charles007 wrote:

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

Depends on what their by-laws say.

I wish i could get a copie.

captain cab · **Posted:** Sun Dec 20, 2009 8:04 pm

charles007 wrote:

Sussex wrote:

charles007 wrote:

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

Depends on what their by-laws say.

I wish i could get a copie.

In theory Charles the byelaws should be given to the driver upon license, although a few do put them on the internet.

Incidentally, if the chap is a proprietor the LA may have added the condition to the HC proprietors license, which is sneeky....but technically lawful.

CC

charles007 · **Posted:** Sun Dec 20, 2009 8:09 pm

captain cab wrote:

charles007 wrote:

Sussex wrote:

charles007 wrote:

Can anyone tell me am i right in thinking that i have read somewhere that hackney carriage drivers need not report convictions until the renewel of hackney carriage drivers license, i am convinced i have seen this somewhere i would be grateful for any information as to the whereabouts of the said information

Depends on what their by-laws say.

I wish i could get a copie.

In theory Charles the byelaws should be given to the driver upon license, although a few do put them on the internet.

Incidentally, if the chap is a proprietor the LA may have added the condition to the HC proprietors license, which is sneeky....but technically lawful.

CC

Yes thanks i have read the case from 2001 short but is almost the same and there are little bits in there which i can now look at thanks again

Sussex · **Posted:** Sun Dec 20, 2009 9:43 pm

charles007 wrote:

Sussex were can a copie or have you got in wirghting.

This year the CRB folks had a meeting with the London PH folks at the Houses of Parliament, organised by the GMB PDB.

Following the meeting two points were further clarified, and these points can be found on this thread by Alex.

http://www.taxi-driver.co.uk/phpBB2/vie ... hp?t=11424

The questions asked came from a member of the GMB delegation, and the answers came from one of the CRB's top bods.

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regulation of hackney carriage drivers

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