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Taxi vehicle licenses - private hire and hackney carriage

Before applying for a new licence, please take some time to read and understand the specific guidance first

Notes to Applicant - Hackney Carriage & Private Hire Vehicle licenses


NOTES TO APPLICANT HACKNEY CARRIAGE VEHICLE

1.    The Application must be signed by all persons. If it is on behalf of a Limited Company, the person should state, in what capacity he signs.

2.    The penalty for knowingly giving false information in relation to this application is a fine on summary conviction not exceeding £1,000.00.

3.    From 1 September 2008 all vehicles must be licensed before reaching four years of age and can continue to be licensed beyond that age subject to a full service history and/or supporting documentation being provided from date of purchase proving regular maintenance of the vehicle and a satisfactory independent engineer’s report. The vehicle includes passing the test carried out by the Council’s appointed testing station. All vehicles over the age of five years will be tested twice yearly. Additional conditions are applicable to stretched limousines.  Further advice on conditions and procedure is available from the Licensing Department.

4.    Vehicles licensed prior to 1 September 2008 may continue to be renewed up to fifteen years of age providing the vehicle remains in a condition satisfactory to the Licensing Authority if they were licensed under the criteria of purpose built/converted to purpose built prior to first date of registration with the DVLA.

5.    The attention of applicants is drawn to the above conditions of application.

6.    If you intend to run a Hackney Carriage business from a Council/Housing Association house you will need to obtain the Housing officer’s consent to do so.  This consent will also be required regarding any increase in the number of vehicles you intend to use.

7.    Depending on the scale of your business i.e. number of vehicles, you may need planning permission prior to commencing your business or increasing the number of vehicles.  You must check with the Planning Department, Allerdale Borough Council, Allerdale House, Workington, Cumbria. CA14 3YJ or Lake District National Park Authority, Murley Moss, Oxenholme Road, Kendal.

8.    Please note that the vehicle safety pass sheet issued by Holcar Auto Services Limited, 4-5 Peart Road, Derwent Howe, Workington (Tel: 01900 63939)  is valid for 28 days only.

9.      Applications can be submitted online or with assistance by appointment only at the Customer Service Centre, Allerdale Borough Council, Allerdale House, Workington, Cumbria. CA14 3YJ. Tel 0303 123 1702.

10.    Your attention is drawn to the fact that, supplied information is to be stored on computer.  You therefore have certain rights to view the information. Such request must be made in writing and a fee of £10.00 is payable.  Your rights are set out in the Data Protection Act 1998.

 

NOTES TO APPLICANT PRIVATE HIRE VEHICLE

1.    The Application must be signed by all persons.  If it is on behalf of a Limited Company, the person should state, in what capacity he signs.

2.    The penalty for knowingly giving false information in relation to this application is a fine on summary conviction not exceeding £1,000.00.

3.    From 1 September 2008 all vehicles must be licensed before reaching four years of age and can continue to be licensed beyond that age subject to a full service history and/or supporting documentation being provided from date of purchase proving regular maintenance of the vehicle and a satisfactory independent engineer’s report. The vehicle includes passing the test carried out by the Council’s appointed testing station. All vehicles over the age of five years will be tested twice yearly. Additional conditions are applicable to stretched limousines.  Further advice on conditions and procedure is available from the Licensing Department.

4.    The attention of applicants is drawn to the above conditions of application.

5.    If you intend to run a Private Hire business from a Council/Housing Association house you will need to obtain the Housing officer’s consent to do so.  This consent will also be required regarding any increase in the number of vehicles you intend to use.

6.    Depending on the scale of your business i.e. number of vehicles, you may need planning permission prior to commencing your business or increasing the number of vehicles.  You must check with the Planning Department, Allerdale Borough Council, Allerdale House, Workington, Cumbria. CA14 3YJ or Lake District National Park Authority, Murley Moss, Oxenholme Road, Kendal.

7.      Please note that the vehicle safety pass sheet issued by Holcar Auto Services Limited, 4-5 Peart Road, Derwent Howe, Workington (Tel: 01900 63939)  is valid for 28 days only.

8.      Application forms can be submitted online or with assistance by appointment only at the Customer Service Centre, Allerdale Borough Council, Allerdale House, Workington, Cumbria. CA14 3YJ. Tel 0303 123 1702.

9.      Your attention is drawn to the fact that, supplied information is to be stored on computer.  You therefore have certain rights to view the information. Such request must be made in writing and a fee of £10.00 is payable.  Your rights are set out in the Data Protection Act 1998.

Vehicle Age Policy

With effect from 1 September 2008 no vehicle will be licensed as a hackney carriage or private hire vehicle if it is four years of age or older at date of application. Once licensed a vehicle can continue to be licensed beyond that age providing it complies with the conditions set out below.  Some vehicles licensed prior to 1 September 2008 can continue to have their licences renewed under the existing policy but this only applies to purpose built hackney carriages and stretched limousines. All others must follow the conditions below.

CONDITIONS

A high standard is expected of any vehicle which is to be renewed beyond four years of age and the following conditions have been designed to assist an applicant decide whether their vehicle can comply with those standards:

 The vehicle must have:

  • A full service history from the applicant’s date of purchase of the vehicle in accordance with the manufacturer’s service schedule and/or supporting documentation evidencing a regular, preventative maintenance schedule. This can be in the form of a stamped service history book or invoices but the vehicle registration number must be stated on any invoice. Producing invoices to show repair work will not be sufficient, they must show regular servicing.
  • No rust, significant dents or scratches. This is obviously open to individual interpretation and each case will be considered on its own merits. 
  • An excellent interior which is safe, clean and free of holes, tears and wear and tear.
  • Undergone an independent engineer’s, AA or RAC inspection at the applicant’s own cost who must submit the report to the Council. Reports are acceptable from an engineer who has any of the following qualifications:
  • Fellow or Member of the Institute of the Motor Industry (FIMI) (MIMI)
  • Incorporated Engineer (I.Eng)
  • Associate of the Institute of the Automotive Engineer Assessors (AIAEA)      


It is recommended that before proceeding with an application you contact either the Licensing Team or the Council’s appointed testing station for clarification on any of the above points.

Before the hackney carriage vehicle licence is issued in respect of a hackney carriage the applicant being the Proprietor of the vehicle must observe the following conditions of application, namely:-

1.           Complete and submit to the Council an application in a manor prescribed by the Council.

2.           Satisfy the Council that he is a fit and proper person to hold such a licence and to operate a hackney carriage.

3.           Satisfy the Council that the vehicle is licensed under the Vehicle (Excise) Act 1971 or any statutory amendment thereof at the appropriate rate and that there is in force in relation to the use of the vehicle as a hackney carriage a policy of insurance or security complying with the provisions of Part VI of the Road Traffic Act, 1988, which covers third party liability both in respect of physical injury or death and in respect of damage to personal belongings. The certificate of registration and the certificate of insurance or security and where applicable the MOT Test Certificates must be made available for examination by an authorised officer of the Council.

4.           The applicant must present the vehicle for inspection at a Council authorised Testing Centre prior to submitting the application.

5.           Satisfy the Council that the vehicle is suitable for use as a hackney carriage. The Council will refuse to grant a vehicle licence for a vehicle  which is four years or over on date of application. Vehicles can continue to be licensed beyond this age subject to other restrictions. Guidelines regarding these restrictions are available from the Council offices.

The Council do not specify that any particular type or design of vehicle should be used as a hackney carriage vehicle.

6.        Satisfy the Council that the vehicle complies with the following requirements:-

(a)     It must have at least two doors for the boarding and alighting of passengers in addition to a separate door for the boarding and alighting of the driver and it must be fitted with at least four road wheels and be a right hand drive vehicle.

(b)     It must have an engine of an adequate capacity for the loads to be carried. Generally, vehicles with engine capacities of 1500 c.c. or more would comply with this provision.

(c)     It must have a luggage compartment adequate to contain luggage for each of the passengers it is authorised to carry.

(d)     That the positions of the front seat or seats are capable of being set so as to ensure adequate leg room for passengers occupying the rear seats. Not more than one passenger may be accommodated in the front of the vehicle next to the driver except in the case of minibuses/people carriers where two separate seats and means of restraint are provided.

(e)     That the design of the vehicle is such that passengers of average height, when occupying the rear seats have adequate headroom.

(f)      That the door apertures are of adequate size to permit the easy movement of passengers when they are boarding and alighting. Door catches must be such that they are secure at all times whilst being capable of easy operation by passengers.

(g)     That external mounted rear view mirrors are fitted on both sides of the vehicle and an interior rear mirror is fitted. The mirrors must be maintained at all times.

(h)     That the colour scheme of the vehicle is suitable.

(i)       That an efficient ‘BCF’ or ‘Dry Powder’ Fire Extinguisher conforming to the relevant current British Standard is fitted in such a position as to be readily available for use.

(j)       If the vehicle is an estate car that is fitted with a grill sufficient to prevent luggage carried in the rear compartment from coming into contact with persons in the rear seats.

(k)     That one fully equipped first aid box complying with the provisions of the Community Bus Regulations 1978 is carried (copies available from Allerdale House, Workington).

(l)       The taximeter fitted must comply with Byelaw 4 of Allerdale Borough Council’s byelaws relating to Hackney Carriages.

(m)    The maximum number of passenger seats allowed is 8. The seat should not be sideways to the direction of travel but all seats should comply with seat-belt regulations.

7.           No signs, advertisements or other forms of words shall be affixed to or displayed from the vehicle other than the Council’s licence plate and any other sign or notice required to be displayed on or from the vehicle which is prescribed by or under any enactment or rule of law. Provided that this condition will not be contravened by the fixing to the vehicle of one roof sign whether illuminated or not bearing the words ‘TAXI’ and an appropriate telephone contact number on the rear of the signs. Such signs to be of a size, type and colour approved by the Council.

8.           The black and white chequered stripes bearing the word ‘TAXI’ issued by the Council will be affixed to the nearside and offside of the vehicle with the exemption of purpose built vehicles.

9.           Any person wishing to display any other form of advertisement on the vehicle must submit a written application to be approved in writing by the Licensing Authority accompanied by the prescribed fee. 

 

The following terms and conditions must be observed and performed by every Proprietor (being that person to whom the Council issue this licence) of hackney carriage and shall be attached to and form part of every hackney carriage licence issued to him/her.

1.          The licence plates issued by the Council shall at all times be kept affixed to the outside of the front and rear of the vehicle either on or immediately above or below the bumper in such a position that the vehicle’s registration mark is not obscured, with the particulars thereon facing outwards and in such a manner and place that the licence plate is clearly visible by daylight from the road at the rear of the vehicle.

2.          The Proprietor shall permit an authorised Officer of the Council or a Police Constable to inspect and test the vehicle or any taximeter affixed to the vehicle at all reasonable times. If the Officer or Constable is not satisfied as to the fitness of the hackney carriage or as to the accuracy of the taxi meter, he may give notice in writing to the Proprietor to make the hackney carriage or taxi meter available for further inspection and testing at such reasonable time and place as specified in the notice, and the vehicle licence may be suspended until such time as the Officer or Constable is so satisfied within a period of 2 months, the licence shall be deemed to be revoked.

3.          The licence plate shall on suspension or revocation of this licence be returned within 7 days to an authorised officer of the Council but will be returned to the Proprietor upon the reinstatement of the licence.

4.          Without prejudice to the provisions of condition 2 above the Proprietor on receipt of notice in writing from an authorised officer of the Council shall present the hackney carriage for inspection and testing by or on behalf of the Council within such period and at such place as is specified in the notice. The separate occasions of inspecting and testing shall not exceed three in number in any one period of twelve months. The current fee for such an inspection of the vehicle shall be paid by the Proprietor upon submission of the vehicle.

5.          At all times the Proprietor shall during the currency of the licence keep in force in relation to the use of the vehicle as a hackney carriage a policy of insurance or security complying with the provisions of Part VI of the Road Traffic Act 1988 which covers third party liability both in respect of physical injury or death and in respect of damage to personal belonging.

6.          On being so required by an authorised Officer of the Council the Proprietor shall produce to that Officer for examination the Certificate of Insurance or security required for the purposes of condition 5 above. Provided that if the Proprietor fails to produce such Certificate or security to the Officer on request that Proprietor shall within five days of such request produce it to that Officer or any other authorised Officer at the offices of the Council’s Chief Executive. Failure to comply with the provisions of condition 5 above and this condition shall result in the automatic suspension of this licence.

7.          The Proprietor shall not cause or suffer or permit to be conveyed in the vehicle a greater number of persons exclusive of the driver than the number of persons specified in this licence.

8.          Not more than one passenger shall be accommodated in the front of the vehicle next to the driver. Except in the case of minibuses/people carriers where two separate seats and means of restraint are provided.

9.          That an efficient ‘BCF’ or ‘Dry Powder’ Fire Extinguisher conforming to the relevant current British Standard is fitted in such a position as to be readily available for use. The fire extinguisher shall be maintained in good working order at all times and one fully equipped first aid box complying with the provisions of the Community Bus Regulations 1978 shall be carried at all times.

10.       The vehicle shall be maintained in good mechanical and roadworthy condition at all times.

11.       No vehicle subject to the Licence shall ply for hire, or carry fare paying passengers without a taxi meter being fitted in that vehicle, such taximeter must be in proper working order at all times and used in accordance with the relevant byelaws.

12.       The current table of fares as fixed from time to time by the Council shall be exhibited inside the carriage and the Proprietor shall not cause the fares table to be concealed or rendered illegible at any time while the vehicle is plying for hire or being used for hire.

13.       No signs, advertisements or other form of words shall be affixed to or displayed on the vehicle other than the Council’s licence plate and any other sign or notice required to be displayed on or from the vehicle which is prescribed by these conditions or under any enactment or rule of law. Provided that this condition shall not be contravened by the fixing to the vehicle of one roof sign whether illuminated or not bearing the words “TAXI” and an appropriate telephone contact number on the rear to be of a size, type and colour approved by the Council.

14.       The proprietor shall not assign or in any way part with the benefit of this licence without the prior consent in writing of the Council, such consent not to be unreasonably withheld and shall within fourteen days of the transfer of his/her interest in the vehicle give notice in writing to the Chief Executive specifying the name and address of the person to whom the hackney carriage has been transferred.

15.       The Council may decide to suspend or revoke or refuse to renew this licence for any reasonable cause whatsoever including where the vehicle is unfit for use as a hackney carriage or where any offence under or non-compliance with the provisions of the Town Police Clauses Act 1847 or Part II of the Local Government (Miscellaneous Provisions) Act 1976 has been committed by the proprietor, the operator or the driver.

16.       The proprietor shall within seven days of any change of address of the place where a vehicle is kept when not in use notify the Chief Executive in writing of the new address and further shall at every address where a vehicle is so kept if so required by the Council afford to them such facilities as may be reasonably necessary to enable them to cause the vehicle to be tested there.

17.       The proprietor shall report to the Chief Executive as soon as reasonably practicable and in any event within seventy-two hours of the occurrence thereof, any accident to the vehicle causing damage materially affecting the safety, performance or appearance of the vehicle or the comfort or convenience of the persons carried therein.

18.       Any alterations in the design of the vehicle whether to the machinery or the body shall be reported to the Chief Executive and the Council may require the Proprietor to submit the vehicle for further examination.

19.       No vehicle can be substituted for the vehicle in respect of which this licence is issued until it has been inspected, tested and approved by the Council.

20.       If during the currency of this licence any of the particulars supplied in the Proprietor’s application shall change, including any conviction details of the change or conviction shall forthwith be notified in writing to the Chief Executive.

21.       The vehicle shall not be used in the district of the Council under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the current byelaws or tables of fares and when the vehicle is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

22.       If the vehicle is fitted with a domestic car radio cassette player or CD player such appliance or appliances shall not be used so as to cause annoyance to other persons by reason of loud, continuous or repeated use while the hackney carriage is on hire or is standing on a designated hackney carriage stand.

23.       The use of a space saver tyre (or similar emergency tyre) is only to be used in cases of emergency and then only to enable the vehicle, trailer and passengers to travel to the nearest available garage where the normal road tyre can be repaired or replaced.

24.       No licensed vehicle may tow any trailer unless evidence of valid insurance certificate to cover such use for hire or reward has been produced to the appropriate officer of the Council. The vehicle licence plate giving the licence number must be clearly displayed on the rear of the trailer used, this plate being in addition to that on the rear of the vehicle (this additional plate to be purchased from the Council). The contents of such trailers should be secured and covered in a proper manner. Any trailer used must comply with the regulations in force at the time in all aspects. Where required the driver must hold an appropriate towing licence as issued by the DVLA. If a trailer is used this must be tested and deemed suitable for use (the cost of such a test, which will be carried out at the Council’s testing station or be borne by the applicant). The trailer must be covered and have sufficient luggage capacity. No luggage will be carried on the roof of the vehicle or the cover of a trailer either by fitting of a roof rack or similar means. Any luggage carried in a trailer must be protected against wind and rain penetration and be secured in a manner that ensures the luggage safety. The trailer is to have an appropriate means of attachment to the vehicle. The trailer must have been manufactured by an approved trailer maker and be marked with his name and address and gross weight and be braked where deemed necessary by the Licensing Authority.

25.       No vehicle subject to the licence shall ply for hire or set down or pick up fare paying passengers (except disabled passengers) in any of the Council’s ‘off-street’ car parking areas, unless authorised by the Chief Executive of the Council.

26.       Smoking in licensed Hackney Carriage Vehicles is not allowed at all times.

27.       Any notice required to be served by the Council under this licence or under any of the provisions of the Town Police Clauses Act, 1847 or Part II of the Local Government (Miscellaneous Provisions) Act, 1976 shall be deemed to have been properly served if sent by prepaid post to or left at the last known address of the proprietor.

28.       This licence shall continue in force for a period of one year unless previously suspended or revoked pursuant to any statutory or other provision.

29.       The Council may at any time add to, delete or alter any of the foregoing conditions upon notice thereof having been served upon the proprietor, such additions, deletions or alterations shall as from the date of such service be deemed to be incorporated herein.

30.       With prejudice to any of the other course of action or remedy available to the Council in the event of any breach or byelaw or condition attached to this licence or contravention of any relevant statute or regulation the penalty point(s) then applicable to that particular breach or contravention set out in Appendix A to these byelaws or conditions issued to the licence holder. Provided no more than eleven penalty points have been issued to the licence holder in any twelve month period all penalty points will cease to apply at the end of that period. Upon the accumulation of twelve or more points with in any twelve month period the licence holder will be rendered liable to any appropriate action being taken by the Council. Including (without limitation) suspension or revocation of the licence.

31.       The licence plates shall remain the property of the Council and shall be returned to them within seven days of the suspension, revocation or a refusal or failure to renew this licence.

Made under section 68 of the Town Polices Clauses Act 1847, and section 171 of the Public Health Act 1875, by the Allerdale Borough Council with respect to hackney carriages in the Borough of Allerdale.

Interpretation
1. Throughout these byelaws ‘the Council’ means Allerdale Borough Council and ‘the borough’ means the Borough of Allerdale.

Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence, shall be displayed.

2.          (a)    The proprietor of a hackney carriage shall cause the number of the licence granted to him in respect of the carriage to be legibly painted or marked on the outside and inside of the carriage, or on plates affixed thereto.

(b)  The proprietor or driver of a hackney carriage shall not:-

(i)         wilfully or negligently cause or suffer any such number to be concealed from public view while the carriage is standing or plying for hire;

(ii)        cause or permit the carriage to stand or ply for hire with any such painting, marking or plate so defaced that any figure or material particular is illegible.

Provisions regulating how hackney carriages are to be furnished or provided.

3. Save as provided in byelaw 22, the proprietor of a hackney carriage shall:-

(a)    provide sufficient means by which any person in the carriage may communicate with the driver;

(b)    cause any roof or covering to be kept watertight;

(c)    provide any necessary windows and a means of opening and closing not less than one window on each side;

(d)     cause the seats to be properly cushioned or covered;

(e)     cause the floor to be provided with a proper carpet, mat or other suitable covering;

(f)      cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;

(g)     provide means for securing luggage if the carriage is so constructed as to carry luggage;

(h)     provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use; and

(i)       provide at least two doors for the use of persons conveyed in such a carriage and a separate means of ingress and egress for the driver.

4. Save as provided in byelaw 22, the proprietor of a hackney carriage shall cause the same to be provided with a taximeter so constructed, attached and maintained as to comply with the following requirements, that is to say:-

(a)    the taximeter shall be fitted with a key, or other device the operation of which will bring the machinery of the taximeter into action.

(b)    such key, or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter;

(c)     when the machinery of the taximeter is in action there shall be     recorded on the face of the taximeter in clearly legible figures a fare not exceeding the rate or fare which the proprietor is entitled to demand and take for the hire of the carriage by distance and time in pursuance of the tariff fixed by the Council;

(d)     the word ‘FARE’ shall be printed on the face of the taximeter in plain letters so as clearly to apply the fare recorded thereon;

(e)     the taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the carriage, and for that purpose the letters and figures shall be capable of being suitably illuminated during any periods of hiring; and

(f)      the taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the borough in their several employments and determining whether such drivers shall wear any and what badges.

5. The driver of a hackney carriage provided with a taximeter shall:-

(a)    when standing or plying for hire, keep the key or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

(b)    before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key or other device and keep the machinery of the taximeter in action until the termination of the hiring; and

(c )   cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is during the hours of darkness; this being the time between half an hour after sunset and half an hour before sunrise and also at any other time at the request of the hirer.

6. The proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.

7. The driver of a hackney carriage shall, if he stations his carriage at any stand appointed by the Council under section 63 of the Local Government ( Miscellaneous Provisions) Act 1976:-

(a)    so station it at the front of the stand or immediately behind the carriage or carriages already on the stand as to face in the same direction; and

(b)    from time to time when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.

8. The driver of a hackney carriage when plying for hire shall not permit such hackney carriage to stand at or within 100 metres of a stand appointed by the Council which is already occupied at the time of his arrival by the full number of carriages authorised to occupy  it.

9. The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

10. The proprietor or driver of a hackney carriage who has agreed or has been hired in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

11. The proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage.

12. The driver of a hackney carriage shall not, save with the express consent of the hirer, smoke at any time whilst the carriage is occupied, by a passenger or passengers. (Please note this byelaw has been superceded by The Health act 2006 which provides that no smoking is allowed in the vehicle at any time).

13. The proprietor or driver of a hackney carriage plying for hire or hired shall neither use nor knowingly permit the carriage to be used or occupied by any other person or persons for any immoral, indecent or improper purpose.

14. If a badge has been provided by the Council and delivered to the driver of a hackney carriage he shall, when standing or plying for hire, and when hired, wear that badge in such a position and manner as to be plainly visible.

15. The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage:-

(a)     Convey a reasonable quantity of luggage;

(b)     Afford reasonable assistance in loading and unloading; and

(c)     Afford reasonable assistance in removing it to or from the entrance of any building, station or place at which he may take up or set down such a person.

16. The driver of a hackney carriage shall not refuse to carry within the carriage any common household pets (including guide dogs for deaf or blind people) providing they are accompanied  by an adult (over 18 years) and proving such pets are suitably restrained or contained so as not to cause a nuisance or damage.

17. The driver of a hackney carriage, if he is not the proprietor, shall report to the proprietor of that carriage as soon as practicable and in any case within 24 hours of its occurrence details of any accident in which such a vehicle is involved.

Provisions fixing the rates or fares to be paid for hackney carriages within the borough, and securing the publication of such fares.

18. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate or fare prescribed from time to time by the Council, the rate or fare being calculated  by time alone in the case of a horse-drawn hackney carriage and by distance and time in case of a motorised hackney carriage unless, in the latter case, the hirer expresses at the commencement of the hiring his desire to engage by time.

          Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance and time the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

19.      

(a)    The proprietor of a hackney carriage shall cause a statement of the
        fares fixed by Council resolution to be exhibited inside the carriage,
        in clearly distinguishable letters and figures.

(b)    The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

Provisions securing the safe custody and re-delivery of any property accidentally left in hackney carriages.

20.       The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein.

21.       The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him, carry it as soon as possible and in any event within 24 hours if not sooner claimed by or on behalf of its owner, to a police station in the borough, and leave it in the custody of the officer in charge of the police station on his giving a receipt for it.

Special Provisions in relation to horse-drawn hackney carriages.

22.       (a)    The proprietor or driver of a horse-drawn hackney carriage shall not, while standing, plying or driving for hire, drive or allow to be driven or harness or allow to be harnessed to the carriage, any horse in such a condition as to expose any person conveyed or being in such carriage, or any person traversing any street, to risk of injury.

(b)    The driver of a horse-drawn hackney carriage shall, while standing, plying or driving for hire, cause every part of the harness of the horse or horses drawing the carriage to be kept in order so that the horse or horses shall be properly and securely attached to the carriage, and under due control.

(c)     A proprietor or driver of a horse-drawn hackney carriage shall not, in any street, feed or allow fed any horse harnessed or otherwise attached to such carriage, except with food contained in a proper bag or other receptacle suspended from the head of such horse or from any centre pole of the carriage, or which is held in and delivered with the hand of the person feeding such horse.

(d)     The proprietor or driver of a horse-drawn hackney carriage shall not exercise his calling during the hours between 2100 and 0930 the following morning.

(e)     The following provisions of the hackney carriage byelaws shall not apply to horse drawn hackney carriages.

Paragraphs (c ), (h) and (i) of Byelaw 3 (furnishings etc)

Byelaw 4 (Taximeters)

Penalties
23.        Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding level two and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefore.

Repeal of Byelaws
24.       The Byelaws relating to hackney carriages which were made by Allerdale District Council on 5 November 1980 and which were confirmed by the Secretary of State on 19 December 1980 are hereby repealed.

Before any private hire vehicle licence is issued in respect of a private hire vehicle the applicant being the Proprietor of the vehicle must observe the following conditions of application, namely:-

1.          Complete and submit to the Council an application in a manor prescribed by the Council.

2.          Satisfy the Council that he/she is a fit and proper person to hold such a licence and to operate a private hire vehicle.

3.          Satisfy the Council that the vehicle is licensed under the Vehicle (Excise) Act 1971 or any statutory amendment thereof at the appropriate rate and that there is in force in relation to the use of the vehicle as a private hire vehicle a policy of insurance or security complying with the provisions of Part VI of the Road Traffic Act, 1972, which covers third party liability both in respect of physical injury or death and in respect of damage to personal belongings. The certificate of registration and the certificate of insurance or security and where applicable the M.O.T. Test Certificate must be made available for examination by an authorised officer of the Council.

4.          The applicant must present the vehicle for inspection at a Council authorised Testing Centre prior to submitting the application.

5.          Satisfy the Council that the vehicle is suitable for use as a private hire vehicle. The Council will refuse to grant a vehicle licence for a vehicle which is in excess of four years of age on date of application. Vehicles can continue to be licensed beyond this age subject to other restrictions. Guidelines regarding these restrictions are available from the Council Offices. 

          The Council do not specify that any particular type or design of vehicle should be used as a private hire vehicle except that no hire vehicle will carry a roof sign and not be of such design or appearance to lead any person to believe that it is a hackney carriage.

6.          Satisfy the Council that the vehicle complies with the following requirements:-

(a)     It must have at least two doors for the boarding and alighting of passengers in addition to a separate door for the boarding and alighting of the driver and it must be fitted with at least four road wheels and be a right hand drive vehicle.

(b)     It must have an engine of an adequate capacity for the loads to be carried. Generally, vehicles with engine capacities of 1500 c.c. or more would comply with this provision.

(c)     It must have a luggage compartment adequate to contain luggage for each of the passengers it is authorised to carry.

(d)     That the positions of the front seat or seats are capable of being set so as to ensure adequate leg room for passengers occupying the rear seats. Not more than one passenger may be accommodated in the front of the vehicle next to the driver except in the case of minibuses/people carriers where two separate seats and means of restraint are provided.

(e)     That the design of the vehicle is such that passengers of average height, when occupying the rear seats have adequate headroom.

(f)      That the door apertures are of adequate size to permit the easy movement of passengers when they are boarding and alighting. Door catches must be such that they are secure at all times whilst being capable of easy operation by passengers.

(g)     That external mounted rear view mirrors are fitted on both sides of the vehicle and an interior rear mirror is fitted. The mirrors must be maintained at all times.

(h)     That the colour scheme of the vehicle is suitable.

(i)       That an efficient ‘BCF’ or ‘Dry Powder’ Fire Extinguisher conforming to the relevant current British Standard is fitted in such a position as to be readily available for use.

(j)       If the vehicle is an estate car that is fitted with a grill sufficient to prevent luggage carried in the rear compartment from coming into contact with persons in the rear seats.

(k)     That one fully equipped first aid box complying with the provisions of the Community Bus Regulations 1978 is carried (copies available from Allerdale House, Workington).

(l)       The maximum number of passenger seats allowed is 8. The seats should not be sideways to the direction of travel but all seats should comply with seat-belt regulations.

Any vehicle not fitting the above criteria must be considered by the appropriate committee/panel of the council.

7.          No signs, advertisements or other forms of words shall be affixed to or displayed from the vehicle other than the Council’s licence plate and any other sign or notice required to be displayed on or from the vehicle which is prescribed by or under any enactment or rule of law.

          Section 64 of the Transport Act 1980 prohibits the display on the roof of any vehicle, other than a licensed hackney carriage, which is used for carrying passengers for hire or reward, any sign, mark or illumination, or nay other feature which may suggest that the vehicle is a hackney carriage.

8.          Any person wishing to display other signs, advertisements or other form of words on the vehicle must submit a written application to the Licensing Authority to be approved in writing accompanied by the prescribed fee. 

The following terms and conditions must be observed and performed by every Proprietor (being that person to whom the Council issues this licence) of a private hire vehicle and shall be attached to and form part of every private hire vehicle licence issued to him.

1.          The licence plates issued by the Council shall at all times be kept affixed to the outside of the front and rear of the vehicle either immediately above or immediately below the bumper in such a position so that the vehicle’s registration mark is not obscured, with the particulars thereon facing outwards and in such a manner and place that the licence plate is clearly visible by daylight from the road at the rear of the vehicle.

2.          The Proprietor shall cause any taxi meter with which the private hire vehicle is provided to be so constructed, attached and maintained as to comply with the following requirements, that is to say:

(a)     When the machinery of the taxi meter is in action there shall be recorded on the face of the taxi meter in clearly legible figures a fare not exceeding the rate of fare which the Proprietor or driver is entitled to demand and take for hire of the private hire vehicle.

(b)     The word ‘FARE’ shall be printed on the face of the taxi meter in plain letters so as to clearly apply to the fare recorded thereon;

(c)     The taxi meter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the vehicle, and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring; and

(d)     The taxi meter and all the fittings thereof shall be so affixed to the vehicle with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

3.          The proprietor of a private hire vehicle shall, at all times, cause his vehicle to be furnished with an accurate and efficient odometer equipped with clear and legible figures.

4.          The proprietor or driver of a private hire vehicle shall not tamper with or permit any person to tamper with any taxi meter with which the vehicle is provided, with the fittings thereof, or with any seals affixed thereto, or with an odometer with which the vehicle is equipped, except for the purposes of repair.

5.          The Proprietor shall permit an authorised Officer of the Council or a Police Constable to inspect and test the vehicle or any taxi meter. He may give notice in writing to the Proprietor to make the vehicle or taxi meter available for further inspection and testing at such reasonable time and place as specified in the notice, and the vehicle licence may be suspended until such time as the Officer or Constable is so satisfied. Provided that if the Officer or Constable is not so satisfied within a period of 2 months, the licence shall be deemed to be revoked.

6.          The licence plate shall on suspension or revocation of this licence be returned within 7 days to an authorised officer of the Council but will be returned to the Proprietor upon the reinstatement of the licence.

7.          Without prejudice to the provisions of condition 5 above, the Proprietor on receipt of notice in writing from an authorised officer of the Council shall present the private hire vehicle for inspection and testing by or on behalf of the Council within such period and at such a place as is specified in the notice. The separate occasions of inspection and testing shall not exceed three in number in any one period of twelve months. The current fee for such inspection of the vehicle shall be paid by the Proprietor upon submission of the vehicle.

8.          At all times the Proprietor shall during the currency of the licence keep in force in relation to the use of the vehicle as a private hire vehicle, a policy of insurance or security complying with the provisions of Part VI of the Road Traffic Act 1972, which covers third party liability both in respect of physical injury or death and in respect of damage to personal belongings.

9.          On being so required by an authorised Officer of the Council the Proprietor shall produce to that Officer for examination the Certificate of Insurance or security required for purposes of condition 8 above.

          Provided that if the Proprietor fails to produce such Certificate or security to the Officer on request, that Proprietor shall within five days of such a request, produce it to that Officer or any other authorised Officer at the offices of the Council’s Chief Executive. Failure to comply with the provisions of condition 8 and this condition shall result in the automatic suspension of this licence.

10.       The Proprietor shall not cause or suffer to permit to be conveyed in the vehicle a greater number of persons exclusive of the driver than the number of persons specified in this licence.

11.       Not more than one passenger shall be accommodated in the front of the vehicle next to the driver. Except in the case of minibuses/people carriers where two separate seats and means of restraint are provided.

12.       That an efficient ‘BCF’ or ‘Dry Powder’ Fire Extinguisher conforming to the relevant current British Standard is fitted in such a position as to be readily available for use. The fire extinguisher shall be maintained in good working order at all times and one fully equipped first aid box complying with the provisions of the Community Bus Regulations 1978 shall be carried out at all times.

13.       The vehicle shall be maintained in good mechanical and roadworthy condition at all times.

14.       No signs, advertisements or other form of words shall be affixed to or displayed on or from the vehicle which is not prescribed by or under any enactment or rule of law.

          Section 64 of the Transport Act 1980 prohibits the display on the roof of any vehicle, other than a licensed hackney carriage, which is used for carrying passengers for hire or reward, any sign, mark or illumination or other feature which may suggest that the vehicle is a hackney carriage.

15.       The Proprietor shall not assign or in any way part with the benefit of this licence without the prior consent in writing of the Council, such consent not to be unreasonably withheld and shall within fourteen days of the transfer of his interest in the vehicle give notice in writing to the Chief Executive specifying the name and address of the person to whom the vehicle has been transferred.

16.       The Council may decide to suspend or revoke or refuse to renew this licence for any reasonable cause whatsoever including where the vehicle is unfit for use as a private hire vehicle or where any offence under or non compliance with the provisions of the Town Police Clauses Act 1847 or Part II of the Local Government (Miscellaneous Provisions) Act 1976 has been committed by the Proprietor, the operator or the driver.

17.       Any alterations in the design of the vehicle whether to the machinery or the body shall be reported to the Chief Executive and the Council may require the Proprietor to submit the vehicle for further examination.

18.       No vehicle can be substituted for the vehicle in respect of which this licence is issued until it has been inspected, tested and approved by the Council.

19.       If during the currency of this licence any of the particulars supplied in the Proprietors application shall change, details of the change shall forthwith be notified in writing to the Chief Executive.

20.       The proprietor shall within seven days of any change of address of the place where a vehicle is kept when not in use notify the Chief Executive in writing of the new address and further shall at every address where a vehicle is so kept if so required by the Council afford to them such facilities as may be reasonably necessary to enable them to cause the vehicle to be treated there.

21.       The Proprietor shall report to the Chief Executive as soon as reasonably practicable, and in any event within seventy-two hours of the occurrence thereof, any accident to the vehicle causing damage materially affecting the safety, performance or appearance of the vehicle or the comfort or convenience of the persons carried therein.

22.       If the vehicle is fitted with a domestic car radio cassette player such appliances shall not be used so as to cause annoyance to other persons by reason of loud, continuous or repeated use while the vehicle is on hire.

23.       The use of a space saver tyre (or similar emergency tyre) is only to be used in cases of emergency and then only to enable the vehicle, trailer and passengers to travel to the nearest available garage where the normal road tyre can be repaired or replaced.

24.       No licensed vehicle may tow any trailer unless evidence of valid insurance certificate to cover such use for hire or reward has been produced to the appropriate officer of the Council. The vehicle licence plate giving the licence number must be clearly displayed on the rear of the trailer used, this plate being in addition to that on the rear of the vehicle (this additional plate to be purchased from the Council).

          The contents of such trailers should be secured and covered in a proper manner. Any trailer used must comply with the regulations in force at the time in all aspects. Where required the driver must hold an appropriate towing licence as issued by the DVLA.

          If a trailer is used this must be tested and deemed suitable for use (the cost of each test which will be carried out at the Council’s testing station be borne by the applicant). The trailer must be covered and have sufficient luggage capacity. No luggage will be carried on the roof of the vehicle or the cover of a trailer either by fitting of a roof rack or similar means.

          Any luggage carried in a trailer must be protected against wind and rain penetration and be secured in a manner that ensures the luggage safety.

          The trailer is to have an appropriate means of attachment to the vehicle. The trailer must have been manufactured by an approved trailer marker and be marked with his name and address and gross weight and be braked where deemed necessary by the Licensing Authority.

25.       No vehicle subject to the licence shall set down or pick up fare paying passengers (except disabled passengers) in any of the Council’s ‘off-street’ car parking areas, unless authorised by the Chief Executive of the Council.

26.       Smoking in licensed Private Hire vehicles is not allowed at all times.

27.       Any notice required to be served by the Council under this licence or under any of the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 shall be deemed to have been properly served if sent by prepaid post or left at the last known address of the Proprietor.

28.       This licence shall continue in force for a period of one year unless previously suspended or revoked pursuant to any statutory or other provision.

29.       The Council may at any time add to, delete or alter any of the foregoing conditions and upon notice thereof having been served upon the Proprietor such additions, deletions or alterations shall as from the date of such service be deemed to be incorporated herein.

30.       Without prejudice to any other course of action or remedy available to the Council in the event of any breach of Byelaw or condition attached to this licence or contravention of any relevant statute or regulation the penalty point(s) then applicable to that particular breach or contravention set out in appendix A to these Byelaws or conditions be issued to the licence holder. Provided no more than eleven penalty points have been issued to the licence holder in any twelve month period all penalty points will cease to apply at the end of that period. Upon the accumulation of twelve or more points within any twelve month period the licence holder will be rendered liable to any appropriate action being taken by the Council including (without limitation) suspension or revocation of the licence.

31.       The licence plates shall remain the property of the Council and shall be returned to them within seven days of the suspension, revocation or a refusal or failure to renew this licence.

Apply for a taxi vehicle licence

If you can meet all the terms and conditions as outlined above, then you can apply for a private hire or hackney carriage vehicle licence.

Applications that do not comply with the above may be considered by the Licensing Panel and the fee may not be refundable. If you are unsure if your application will be accepted on a matter of policy then please contact Customer Services.

Apply online