A guide for taxi and private hire drivers and operators, including vehicle specifications, the penalty points scheme and how we deal with breaches of legislation and behaviour.
As adopted by Full Council on 15 October 2020. Reviewed and updated 16 April 2025.
1.1. This document details the Penalty Point procedure used by the council to deal with minor breaches or infringements of legislation or unacceptable behaviour committed by those licensed as drivers and operators and vehicle proprietors, in much the same way that points can be attached to a DVLA driving licence.
2.1. The aim of this policy is to improve the levels of compliance of licensing regulations and requirements and to help raise standards, safety and the protection of members of the public affected by the actions of licensed drivers and operators and vehicle proprietors.
2.2. The council is committed to ensure that only fit and proper persons become, and remain, as hackney carriage and private hire drivers and operators and vehicle proprietors.
2.3. The procedure also seeks to improve the level of transparency and consistency in which the licensing system is administered and enforced.
3.1. The penalty point procedure is designed to work in conjunction with other enforcement options, identifying those drivers, operators or vehicle proprietors who repeatedly behave in a manner which, if taken as a whole, indicates that they are not fit and proper persons to hold a licence.
3.2. The Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847 (the relevant legislation covering such licences), only allows for the suspension or revocation of a licence, or the prosecution of a licence holder where they commit an offence under the above legislation. Therefore there is no system in place to deal with minor breaches or infringements, which in isolation are not serious enough to warrant the suspension or revocation of a licence.
4.1. Penalty points may be awarded against anyone holding a hackney carriage licence; a private hire driver licence; a private hire operator licence or a vehicle proprietor.
5.1. Before penalty points are issued, there must be sufficient evidence to prove, on the balance of probabilities, the offence or breach of licensing requirements.
5.2. If there is good evidence that there was a breach or inappropriate behaviour and it is considered appropriate to do so, the licence holder will be issued with a penalty point notice.
5.3. The penalty point notice will describe the infringement or breach, date and time it took place, and how many points have been issued to the licence holder.
5.4. The issuing of penalty points is not a formal sanction in its own right; it is merely an open and transparent method of how a private hire driver, private hire operator or hackney carriage driver, system is predominately an internal management tool for ensuring that licence holders who penalty offences will be re-considered in the light of any mitigating circumstances the licence holder wishes to be considered.
5.5. The council’s taxi policies will be fully considered by an authorised officer when determining the manner on which any breach of legislation or the requirements of this policy are dealt with.
5.6. Where it is decided that the use of the penalty points system is appropriate, the points will be issued in accordance with section 9.0 of this policy. It is to be noted that whilst this section shows the recommended amount of points, officers will have discretion to decide on the points given based on circumstances. If more than one offence takes place the points will be added consecutively to the individual’s file.
5.7. The council reserve the right to not impose penalties points under this scheme where in the opinion of the officers the allegations are either frivolous, vexatious or repetitious, or made, in the officers opinion, to further personal grievances or which are not made within a reasonable time period, to be determined by the council depending on the individual circumstances, of the breach having occurred.
5.8. Once the decision to issue penalty points is made, letters will be sent to all persons/organisations involved in the allegation(s) detailing the findings and decision of the Investigation officer. A record of the decision and any copies of associated documents will be kept on file (usually in secure electronic format) and retained for record in line with the retention of the licence.
5.9. A maximum of 12 penalty points will be issued on any one occasion. This means that if on any occasion when it is proposed to impose penalty points, a licence holder has committed more that one offence or breach of licence conditions, no more than 12 points will be imposed.
5.10. The imposition of penalty points against a driver who is an employee will not necessarily result in additional imposition of points to his/her employer or operator. However, the council retains the discretion to issue penalty points to drivers, driver/proprietors and operators for a single contravention if the circumstances warrant it, such as the breach is one against all these licences and it is considered joint responsibility is held.
5.11. Any penalty points incurred under this procedure are completely separate from any points which may be attached by the police, through fixed penalty notices, or the courts, through convictions to DVLA driving licences.
5.12. When issued, the penalty points will remain 'live' for a rolling period of 36 months from the date they were imposed.
5.13. Points issued to a licence holder will be confirmed in writing within twelve working days from the discovery of the contravention or the conclusion of an investigation into a complaint.
5.14. There is no financial penalty associated with the system, and the licensee may continue to work.
5.15. Confirmed infringements or breaches resulting in the award of penalty points will act as an ongoing record of a licensee’s behaviour and conduct and may be used in determining whether they are a fit and proper person to hold a licence.
5.16. If 12 penalty points are imposed on an individual licence in any one 36 month rolling period, the driver will appear in front of the Licensing Sub Committee where appropriate action will be taken in accordance with this policy.
5.17. Where a licence holder is brought before the committee, the committee will be required to determine whether the driver or operator is a fit and proper person. The following action can be taken by the committee:
5.18. A driver will always have the right to be represented at any meeting, either legally or otherwise, and to state any mitigating circumstances he deems necessary.
5.19. The length of the period of suspension of a licence will be dependent on the nature of the breaches of the legislation or the requirements of this policy and the compliance history of the licence holder. A determination will also be made as to whether the suspension or revocation is on the grounds of public safety, thereby having immediate effect.
5.20. More than one accumulation of penalty points in excess of the twelve point threshold in any 3-year period will normally result in the committee revoking a licence where they believe the person not to be a ‘fit and proper’ person.
5.21. Once the matter has been dealt with:
5.22. Any driver, vehicle, proprietor or operator subject to suspension has the right of appeal to the Magistrates' Court against the suspension. Suspensions will normally be subject to a 21-day appeals period prior to implementation to allow for the formal appeals process, except where the relevant legislation allows for a suspension to take place with immediate effect.
5.23. Any driver, vehicle, proprietor or operator subject to revocation has the right of appeal to the Magistrates' Court against the revocation.
5.24. The penalty points system will operate without prejudice to the council’s ability to take other action under appropriate legislation or as provided for by this policy.
5.25. The penalty points system outlined below identifies a number of breaches of conditions, byelaws and/or statutory provisions. It then indicates the number of points to be invoked should the breach be proven.
6.1. If a licensee wishes to appeal against the issue of a 'penalty points notice' he/she must do so in writing, stating the reasons of the appeal, within 10 working days from the date of issue of such a notice, to the council’s Legal Services Manager or in his/her absence the Senior Licensing Officer, who, in consultation with the Chairman of the Licensing Committee, will have the discretion to:
6.2. The Legal Services Manager or, as the case may be, the Senior Licensing Officer will write to the licensee informing them of the outcome within 10 working days of receiving the appeal.
6.3. If no appeal is lodged within 10 days from the date of issue of the notice, then the council will take the view that the licence holder has accepted the penalty points.
6.4. There is no appeal beyond the decision made by the Legal Services Manager. However, should a licensee be subsequently reported to the Licensing Committee for accumulating 12 penalty points, he/she has the opportunity to raise the validity of the points issued.
7.1. If a licence holder has had their licence revoked, they may apply for a new licence, but its council policy that such an application under the penalty points scheme will not be entertained until a suitable period from the date of revocation has elapsed, as detailed below:
7.2. It should not be assumed that an application for a new licence, following revocation under this scheme, will automatically be granted. Any application will be subject to the council’s normal application process and consideration of whether the applicant is a fit and proper person to hold a licence.
8.1. For the first three years of the implementation of the scheme, it will be reviewed on an annual basis. On the 3rd year of reviewing the licence, the Licensing Committee will ascertain whether annual reviews are still a requirement or whether it can be extended to a triennial time frame – reviewed once every 3 years.
8.2. Notwithstanding this, the policy will continue to be evaluated and may be updated at any time.
| Points relating to driver behaviour | Number of points |
|---|---|
| Carrying any article which would reasonably be considered an offensive weapon in the vehicle (including imitation firearms). | 12 |
| Driver not currently holding a current or valid DVLA licence. | 12 |
| Driving a licenced vehicle whilst not in possession of a valid driver’s licence (including allowing an unlicensed driver to drive a licenced vehicle). | 12 |
| Permitting the vehicle to be used for any illegal or immoral purposes. | 12 |
| Serious misconduct or behaviour of a licensee, such as physical violence. | 12 |
| Driver in possession of drugs while in charge of a licenced vehicle or evidence of alcohol or illegal drugs in the vehicle. | 12 |
| Being under influence of alcohol and/or drugs while in charge of a licensed vehicle, including testing positive for drugs when stopped by the police. | 12 |
| Behaving in a sexually offensive manner towards passengers. | 12 |
| Having sexual intercourse, or sexual contact, including intimate kissing, touching of private parts, or similar activity, with passengers whilst on duty in a licenced vehicle | 12 |
| Engaging in any conversation of a sexual nature or discussing a sexual relationship with a passenger, whether it is in past, present or future. | 12 |
| Fighting and/or aggressive behaviour towards the public or other licensed drivers. | 12 |
| Obstructing an council officer or police officer wishing to examine a licenced vehicle. | 11 |
| Plying for hire by a private hire driver, including picking up passengers without a pre-booked ride or accepting a fare without a booking through an operator. | 10 |
| Failure or refusal to carry an assistance dog. | 10 |
| Failure to comply with the requirement of an authorised officer or a police officer. | 10 |
| Obstruction of officers and/or failure to provide information and assistance to authorised officers or police officers. | 9 |
| Overcharging which includes turning of the meter, not using the meter, adding extra charges without permission, refusing to give a refund, trying to charge more than the agreed fare, or anything else similar. | 9 |
| Failing to behave in a civil and orderly manner being verbally abusive or offensive to any member of public or driver, or bringing the trade into disrepute. | 9 |
| Driving, or allowing someone to drive, a licenced vehicle without the proprietor's consent. | 9 |
| Collusion or interfering with evidence, victims or witnesses, when council officers are carrying out an investigation. | 9 |
| Unreasonable prolongation of a journey. | 8 |
| Failure to immediately notify the Licensing team in writing of any medical changes that may affect your ability to drive or transport passengers safely, including eyesight. | 8 |
| Using a mobile phone or PDA whilst driving (driving without due care and attention). | 8 |
| Using rude or offensive language or behaviour, or failing to act in a polite and professional way. | 8 |
| Using rude or threatening language or behaviour towards any council officer or failing to act politely and respectfully towards them. | 8 |
| Touting, meaning trying to attract business by calling out, flashing lights, waving phones, or using any other action to signal for passengers, which could be considered as touting. | 8 |
| Failure to properly load, secure, and unload wheelchairs in a licensed vehicle, or a designated accessible vehicle refusing to comply with S165 of The Equality Act 2010. | 8 |
| Failing to inform the licensing authority of any cautions, convictions, or endorsements on your driving record within the timeframe specified in the policy, including arrests where charges have not yet been brought. | 7 |
| Refusal to drive any person without reasonable cause and/or refusal to accept hiring without reasonable cause. | 7 |
| Lending or parting with a hackney carriage driver's licence. | 7 |
| Poor or dangerous driving. | 7 |
| Failure to disclose previous convictions, cautions or endorsements when renewing a licence. | 6 |
| Failure to comply with the conditions applicable to drivers of school transport vehicles and the code of conduct for drivers of school transport vehicles (school transport drivers only). | 12 |
| Failure to help passengers, including disabled people, with getting in or out of the vehicle, or with their luggage, without a valid reason or exemption. Not taking steps to ensure passengers' safety when entering, exiting, or traveling in the vehicle. | 5 |
| Failure to issue a receipt on request. | 5 |
| Failure to provide a DVLA licence when requested. | 5 |
| Failure to produce a fitness to drive group 2 medical certificate or medical assessment. | 5 |
| Failure to submit a licence renewal application before the current one expires, without a valid reason. | 5 |
| Urinating or defecating in a public place. | 5 |
| Failure to wear the driver's ID badge or produce when requested. | 4 |
| Inappropriate dress or attire, unsatisfactory appearance (turnout and/or hygiene) of driver. | 4 |
| Failure to attend punctually at an appointed time or place without sufficient cause, such as at a booked appointment or vehicle inspection. | 4 |
| Driver of a vehicle failing to provide their licence(s) to their private hire operator before commencing employment. | 4 |
| Obstructing other hackney carriages. | 4 |
| Failure to notify the licensing authority of a change of name or address in writing within the requisite timeframe. | 3 |
| Littering. | 3 |
| Failing to inform the licensing authority and/or the operator in writing of any medical condition that may preclude from carrying an assistance dog or wheelchair user. | 3 |
| Points relating to a vehicle licence | Number of points |
|---|---|
| Using an unlicensed vehicle for hire or reward work, including using a vehicle for hire or reward where the licence has been suspended or revoked. | 12 |
| Using a vehicle without valid or inadequate, such as private/public hire insurance. | 12 |
| Interfering or tampering with a meter. | 10 |
| Failing to wait after a deposit has been paid. | 10 |
| Starting the meter fare before the hirer enters the vehicle without prior agreement or before the commencement of the journey. | 9 |
| Carrying more passengers than the vehicle is licenced to carry. | 8 |
| Using a vehicle that is not in good working condition or has defects, such as problems with the brakes, seat belts, steering, suspension, doors, windscreen, bodywork, lights, wipers, washers, exhaust, horn, battery, or any other issue that could cause it to fail an MOT or council vehicle inspection. This also includes presenting a vehicle for testing when it is unsafe or dangerous to drive. | 8 |
| Travelling less than the lawful distance for an agreed fare. | 8 |
| Charging for the carrying of a wheelchair or assistance dog. | 8 |
| Allowing a hackney carriage vehicle to stand in a position, not being a hackney carriage stand, to suggest that is plying for hire. | 8 |
| Private hire vehicle parking, stopping, waiting or making use of a designated hackney carriage rank. | 7 |
| Allowing others to be carried without the consent of the hirer. | 7 |
| Driving, allowing, or letting a private hire vehicle look like a taxi (hackney carriage), including showing any features or signs on the vehicle that could make people think it’s a taxi. | 6 |
| Failure to undergo the mid-year 6-month vehicle inspection. | 6 |
| Failure to undergo an MOT in the required timeframe. | 6 |
| Failure to present a vehicle for inspection when requested by an officer. | 6 |
| Failure to use an approved and calibrated meter, using a defective meter. | 6 |
| Failure to comply with a 14 day notice or advisory notice for the repair of a vehicle. | 6 |
| Installation of a taximeter in a private hire vehicle. | 6 |
| Not informing the licensing authority in writing about an accident or damage to a licensed vehicle within 72 hours. | 5 |
| Failure to provide vehicle insurance when requested. | 5 |
| Evidence of smoking in a licenced vehicle (even when not working) or allowing a passenger to smoke in a licenced vehicle, this includes e-cigarettes and vapes. | 5 |
| Failure to observe rank discipline or etiquette, such as failure to move up, waiting on pavements nearby or at the end of the rank. | 5 |
| A licenced vehicle found with bald, dangerous or defective tyre (points awarded per tyre). | 5 |
| Using an untaxed vehicle. | 5 |
| A licensed vehicle found or reported using number plates where the characters do not confirm to the regulations, which include Infrared readability regulations (Sections 11 (3) and Schedule 2 – Part 1A of the Road Vehicles (Display of Registration Marks) Regulations 2001) would be in contravention of Section 59 (1) of the Vehicle Excise and Registration Act 1994. Number plates that do not conform to infrared readability requirements are known as ‘ghost ‘ plates. | 5 |
| Failure to display the vehicle licence plate in the appropriate position on the vehicle (as per the licence conditions) or defacing/concealing the plate. | 4 |
| Unsatisfactory or unclean condition of the vehicle. | 4 |
| Unapproved or inappropriate advertising or signs in or on a vehicle, including on the window. | 4 |
| Failure to notify where the vehicle is kept. | 4 |
| Failure to notify of a vehicle transfer (this can apply to both parties involved in the transfer). | 4 |
| Failure to carry a working fire extinguisher. | 4 |
| Leaving a hackney carriage unattended on the rank. | 4 |
| Failure to carry a first aid kit. | 4 |
| Improper and/or unauthorised signage, including a failure to use operator's door signs. | 4 |
| Failure to display or correctly use the roof light on a hackney carriage. | 4 |
| Failure to follow the rules in the Highway Code or Traffic Orders, such as: parking, stopping, or leaving your vehicle unattended in a double yellow line area; parking or stopping at a bus stop, disabled bay, double yellow lines, or on private land without permission; not following bus lane rules; parking in a disabled bay for too long; parking without a valid ticket; causing an obstruction to traffic; parking in a dangerous spot (like double parking or too close to a junction); parking on a footway; blocking driveways or entrances to homes, businesses, schools, or public buildings; or breaking any other traffic laws or rules. | 4 |
| Failure to deal with lost property in the appropriate manner. | 4 |
| Failing to cause the seats to be properly cushioned or covered. | 4 |
| Dashboard warning light illuminated. | 4 |
| Failure to display a valid fare chart or other approved notices. | 3 |
| Leaving food or drink waste in the vehicle or eating or drinking in a licensed vehicle while carrying passengers (other than water). | 3 |
| Using the vehicle horn to announce your arrival, cause distress or alarm, show anger, or for any reason not allowed by rule S112 of the Highway Code. | 3 |
| Conveying animals belonging to the proprietor or driver of the vehicle. | 3 |
| Failure to report the loss of a licence / plate / badge / door sign as soon as the loss becomes known. | 3 |
| Failure to display in a licenced vehicle "no smoking" signage as prescribed in the Health Act 2006. | 2 |
| Causing excessive noise from any radio or sound-reproducing equipment. | 2 |
| Points relating to an operator licence | Number of points |
|---|---|
| Operating as a private hire operator whilst not in possession of a valid private hire operator's licence. | 12 |
| A private hire operator operating a vehicle for hire and reward where the vehicle or driver does not hold a valid licence. | 12 |
| Failure of a private hire operator to ensure that all vehicles operated by him are adequately insured. | 9 |
| Failure of a private hire operator to keep and display public liability insurance for the operating premises if the public are allowed access. | 9 |
| An operator not keeping records or logs of all bookings as required by the conditions of their licence, or not being able to provide these records within a reasonable time when asked by a council officer or police officer. | 6 |
| Operator failing to keep a register of details of all vehicles operated by them, as per the conditions of the licence. | 5 |
| Failure of a private hire operator to request and keep a copy of all driver’s licences in his employ at the beginning of employment. | 4 |
| Failure to provide an operator's licence on request. | 4 |
| A private hire operator not making sure that every driver they employ has a private hire licence and badge, and follows the rules and conditions of their licence. | 4 |
| Failure of a private hire operator to ensure that office staff act in a civil and courteous manner at all times. | 3 |
| Points relating to all licences | Number of points |
|---|---|
| Giving false or misleading information on a licence application form, or not providing the necessary information (including not paying the required fee when asked). | 9 |
| Failure to return any licence upon suspension or revocation or upon request. | 7 |
| Failure to provide prompt, efficient or reliable service. | 3 |
