Yorkshire police launched a taxi operation called “Operation Edge” last weekend with a view of enforcing safety and licensing of taxis in York.
The police worked with key partners including City of York council and the Driver and Vehicle Standards Agency (DVSA).
Several taxis were stopped on Saturday 13th August and a number had serious vehicle defects :-
- Defective tyres
- Defective brakes
- Faulty suspension
The police issued prohibition notices which prevent any further use of the vehicle, fixed penalties, vehicle defect rectification notices or reported for prosecution.
But what are the implications for taxi drivers/operators?
Defective tyres/Defective Brake
- Police vehicle defect rectification notice
- Fixed penalty
- prosecution
If you get a rectification notice you have 14 days from the date of the notice to prove to the police that you have rectified the defect. If not, you will either receive a fixed penalty or be prosecuted through the courts.
If issued a fixed penalty will be £100 3 points per tyre, but if you multiple tyres it may better to reject penalties and take this to court to ensure that the points are combined so that only 3 points count on any one occasion.
If you are prosecution the court can impose a Band B fine (100% of weekly income) and 3 points per offence. The penalty is higher for the employers.
If the brakes or tyres are so bad then the police may consider charging you with either dangerous driving or driving a vehicle in a dangerous condition.(post)
Faulty suspension
This would fall within the offence of driving a vehicle in a dangerous condition. I could be dealt with as £100 3point fixed penalty or be prosecuted where it would carry Band B fine and 3 points as above. However, drivers should be warned that if you get two of these offences within a three year period you would face an immediate minimum 6 months disqualification.
However, if the faults are really bad the police will consider dangerous driving which is a serious offence which can go to the Crown Court and carries penalties up to 2 years imprisonment and a minimum disqualification of 12 months with an extended re-test.
Note that in most cases of prosecution the police will prosecute both the driver and the operator.
The implications do not end there.
The implication for operator and taxi licence holders
All Councils operate a taxi policy which will impose certain conditions upon both operators and taxi licences.
York taxi policy under appendix 1, require all licence holders to use a vehicle which is suitable and maintained in such a condition that would satisfy the current MOT vehicle safety and exhaust emission standard as prescribed by the Dept of Transport. Under S4d) the vehicle shall be kept at all times in a good mechanical condition.
Obviously, any rectification notice, penalty or conviction for a defective vehicle will breach these conditions.
The impact, well, your taxi/private hire or operator’s licence is in jeopardy.
The council may not always revoke your taxi/operators licence and they must ensure that any penalty is proportionate to the breach. Most councils will have strict policies about revoking a driver/operator’s licence if more than 6 points are reached on their driving licence. You are duty bound to advise the Council of any penalty notice or conviction for a motoring offence.
Council options;-
- Issue an advisory letter
- Issue Informal warning
- Award points under their points system ( this is not licence points for motoring offences)
- Issue Formal warning
- Issue a Formal Caution
- Refer to the Licensing sub committee for consideration of revocation
- Refer to the legal dept for consideration of prosecution
Not all offences will justify revocation. If council acts otherwise than in accordance with their policy then you can often stop any action in its tracks. If you face revocation you will be given the opportunity to make representations to the Licensing Panel and we would advise that you get representation for this as it can be much more effective.
If the Panel revoke your licence you have a right to appeal to the magistrates. If you are a driver then your licence should not be revoked until after the appeal period of 21 days OR if an operator, they should not take any action if an appeal is in process. If you wanted to appeal then you should seek specialist legal advice. We can help 01270 509496 or https://roadtrafficdefencelawyers.co.uk/taxi-licences/ contact form.
References
- https://www.york.gov.uk/downloads/file/137/hackney-carriage-and-private-hire-taxi-licensing-policy
- https://www.taxi-point.co.uk/post/operation-edge-new-taxi-enforcement-operation-finds-serious-vehicle-defects-on-first-night?fbclid=IwAR35xrXWzmYJB-uapA8fiBeq8pUw2fd-gtiLeYnK-1quR6CxHEpvbM4N2rw