Taxi Related Offences
As a taxi driver you face potential prosecutions for a number of offences from operating without a licence, touting/plying for business and many other related motoring offences such as no insurance.
A conviction for any of these offences could put your taxi licence in jeopardy and make you subject to the Council disciplinary process which could result in revocation of your licence.
In addition offences which carry an endorsement of points could put you in breach of the council policy many of which have a limit of 6 points before you go before the licencing sub-committee for consideration of having your taxi licence revoked. Not only that but if you “totting up” 12 points or more on your driving licence then you face a minimum 6 month disqualification which would automatically cause your taxi licence to be revoked
If you operate as a taxi either without either an operator’s licence (which your employer could hold) or a private hire licence you will be committing an offence. You will also invalidate the licences if you do not comply with the conditions.
For example, your operator’s licence and private hire licence will only entitle you to carry passengers who have pre-booked if you try to tout for business then you will be operating outside the remit of your licence and be operating without a licence. You would need a specific Hackney Carriage licence if you wished to pick passengers up randomly from the street.
The penalty is a Level 4 fine up to £2500
The penalty for driving without insurance is a Band C fine (150% of weekly income) and 6- 8 points.
This is an offence with will be taken seriously by the council in considering your taxi licence because one of their key considerations is public safety and if you are rendered uninsured claims against you would prove difficult.
In the case of a claim against you by a passenger for injury etc you would be personally liable.
The penalty ranges from Conditional Discharge to a Band C fine at level 4.
A band C fine is 150% of your weekly income but you will receive 33% credit off that fine if you
plead guilty at the earliest opportunity.
The court will increase any sentence if they find any of the following:
- Targeting vulnerable or unsuspecting victims including tourists
- You operate as a commercial business/large scale operation
- Not licenced to drive
- Steps have been taken to deceive ie give impressive you have a hackney licence.
- Vehicle is in poor condition
- Overcharging fees
- Commission of other offences such as no insurance
- Not displaying your taxi badge
Whilst the offence of touting does not in itself attract points it worthy of note
that if you are operating outside your licence conditions which is likely your insurance
is unlikely to cover you. This will mean that you will be charged with an offence of driving without
insurance which carries a Band C Fine and 6-8 points/discretionary disqualification.
Maybe that is a matter for your local council. The council will have a policy which you should familiarise yourself with as this will give you an idea of the standards they have set for drivers.
You must notify them of any conviction or penalty immediately, it is an offence not to do so. They will then consider the gravity of the offence in line with their policy and if they are considering revoking your taxi licence they will contact you with dates of the council hearing.
At that hearing they will consider whether you are a fit and proper person to hold a taxi licence. Remember that losing your livelihood is not a consideration at this hearing.
We would always recommend representation at this hearing to get the best result. If you are facing a council taxi licence hearing please get in touch for some FREE advice.