Hackney Carriage and Private Hire Licensing Policy

The relevant law for licensing taxis and private hire vehicles (the Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847) requires that taxis have to be clearly recognisable as a hackney carriage and that private hire vehicles need to be:

• Suitable in type, size and design for the use of a Private Hire Vehicle
• Not of such a design and appearance as to lead any person to believe that the vehicle is a Hackney Carriage
• In a suitable mechanical condition
• Safe
• Comfortable; and
• That there is in force in relation to the use of the vehicle a policy of insurance that complies with the Road Traffic Act 1988

Vehicle licences can be held by individuals, registered partnerships (two or more people in business together) or limited companies. Usually, the vehicle must be registered to one of these groups, but there will be occasions where the vehicle is leased or hired. In all cases the applicant(s) must demonstrate that they have ownership of, or a financial interest in, the vehicle or permission to use the vehicle on an extended basis (in the case of a lease or hire).

Any application for a taxi or private hire vehicle licence will only be accepted if completed in full and accompanied by all required documents, as detailed below:

1. Completed application form (via the council’s website) with the correct payment

2. Valid MOT Certificate for the vehicle issued by an approved testing station issued within one month of the application

3. Valid vehicle registration document in the name of the applicant or other acceptable proof of ownership (lease or hire contract, the V5 New Keeper Supplement with an official sales receipt, or sales receipt from a registered company in the case of newly manufactured vehicles).

4. Relevant certificate of insurance for the vehicle which covers the activity required (i.e. public or private hire – see 4.2) and which is valid on the date that the licence is due to come into force

5. Valid schedule of insurance where the certificate does not specify the registration number of the vehicle to be licensed

6. If your vehicle has been altered or converted since original manufacture, you must supply one of the following documents in addition to providing full details of what has been altered and the reasons:

• Wheelchair Accessible Vehicles – DVSA Certificate M1
• Stretch Limousines – DVSA Individual Vehicle Approval (IVA) Certificate
• Any other relevant conversion document.

7. In the case of applications for executive status, the supporting documentation as specified at 4.18 of the policy and the exemption notice previously issued in relation to the vehicle where appropriate

A fee must be paid with all applications and it is your responsibility to make sure that you have paid the correct amount. View our taxi fees.

Licensing fees are reviewed, considered by the council and agreed every year. Some fees also have to be advertised in a local newspaper and at the council offices so that anyone can comment on new fees if they are increased.

You will not get a refund if you surrender your vehicle licence before it expires.

Taxis must be insured for public hire and reward and must cover at least third party, fire and theft and include legal liability for passengers and luggage (minimum of £10 million).

A private hire vehicle must be insured for private hire and reward, such insurance to provide, as a minimum requirement, cover for third party, fire and theft and also to include legal liability for passengers and luggage (minimum of £10 million).

All vehicles must comply with British and European vehicle regulations, be approved to the standard of type M1 European Whole Vehicle Type Approval (EWVTA), and materially unaltered from the type approval specification. A certificate of conformity bearing the vehicle’s unique identification number which relates to an M1 whole vehicle type approval may be required. This requirement is subject to the following provisions:

(a) The council may, at its discretion, accept vehicles converted and certified as conforming to a national Small Series or Low Volume Type Approval in place of the above requirement, providing no further modifications have been made to the vehicle since conversion. A certificate of conformity, bearing the vehicle’s unique identification number, will be required as evidence of the satisfactory conversion

(b) Proprietors of vehicles which have been modified from an original type approval specification must additionally provide proof of type conformity by way of successful completion of a voluntary Individual Vehicle Approval (IVA) test to M1 standards at a Driver and Vehicle Standards Agency (DVSA) testing station, following completion of the modification and with any additional equipment (for example wheelchair access/restraints) in place. In such cases, the original vehicle, prior to modification, must be of M1 EWVTA Approval

(c) Vehicles converted from other base vehicle types (for example M2 or N1) will not be accepted for licensing, unless converted and certified in accordance with sub-paragraph a.

In making decisions about a vehicle’s suitability to be licensed, the Council will take into account passenger safety, comfort and the design of the vehicle. We will only license a vehicle as a private hire vehicle or taxi if it meets the following requirements:

1. unless it is a hackney carriage and is required to be wheelchair accessible, it is a saloon car, hatchback car or other vehicle of suitable type and design
   
2. it has at least four doors (a rear–opening hatchback will not be considered or counted as a door in terms of getting into or out of the vehicle)
   
3. the steering wheel is on the right hand side of the vehicle
   
4. it has four road wheels and a suitable means of repair if one or more of the tyres fail
   
5. the number plates comply with any relevant DVLA regulations on number plates
   
6. an MOT pass certificate and satisfactory garage inspection report from an approved garage has been issued within the previous month. Additional certificates may be required if the vehicle is involved in an accident or mechanical breakdown
   
7. it has an area for storage of luggage and/or the means for all luggage to be secured and kept secure at all times so that no damage or injury is caused to either passengers or luggage
   
8. it has an acceptable means of getting into and out of all parts of the vehicle and which does not require the passenger to climb over other seating or luggage
   
9. The vehicle has the same number of seats as stated in the vehicle log book
   
10. all seats within the vehicle, front and rear must be fitted with working seat belts. It is the driver’s responsibility to ensure that all passengers under the age of 14 are using appropriate seat belts
    
11. in the interests of public safety, tinted windows are not permitted on licensed vehicles unless a minimum of 75% light is transmitted through the front windscreen and 70% light is transmitted through any front passenger windows. All other glass on the vehicle (with the exception of rear quarter lights) must transmit a minimum of 25% light (with the exception of rear quarter lights). Levels of light transmission below the 25% level may be agreed by the council providing the level of tint does not prevent clear vision into the vehicle. Approved executive vehicles are exempted from this requirement.
    
12. it has no more than 8 passenger seats
    
13. it is not licensed by any other authority. The council does not allow dual-plating of any licensed vehicle at any time. Any vehicle found to be licensed by another authority will have the licence suspended or revoked
    
14. It has not been written off by an insurance company - unless it is a Category N write-off (has sustained no structural damage) and it has been repaired, tested and certificated to the satisfaction of the Council.

In exceptional circumstances, (for example stretch limousines or novelty vehicles) the above requirements may be departed from, although you need to confirm this with the Licensing Service before you buy a vehicle or make an application.

All licensed vehicles will be tested at least once annually and further tests may be required in addition to the annual MOT and compliance test.

You are responsible for the payment of any fees required for any visual and mechanical inspections direct to any independent nominated testing stations. Independent testing stations are not the agents of the council.

It is your responsibility to make sure that your vehicle complies in every respect with council policy and that you have told the inspecting garage all relevant information.

The council will not be liable for any financial loss or expense which results from any failure to provide relevant information.

All licensed vehicles must be kept clean, tidy, damage free, safe and mechanically sound. Any repeated failures in relation to vehicle maintenance may result in formal action being taken against the vehicle licence holder and / or the operator.

The council is committed to social inclusion and ensuring a wide variety of vehicle types are available for disabled residents to avoid discrimination in terms of travel arrangements.

A mixed fleet which provides the greatest opportunities and flexibility for a range of disabilities is considered most appropriate to serve the widest possible needs of disabled people.

Any existing hackney carriage vehicle which has been previously licensed by the council as a non-WAV (saloon) vehicle will continue to be licensed as such. Hackney carriages which were previously required to be WAVs will continue to be required to be WAVs.

Any application for a new hackney carriage vehicle licence (not covered by grandfather rights referred to above) will only be considered if the vehicle is wheelchair accessible and meets the requirements below and those set out in the Wheelchair Accessible Vehicles Specification.

Any vehicle, before it can be considered to be licensed as a Wheelchair Accessible Vehicle, must have either European Community Whole Vehicle Type Approval (ECWVTA) (or UK equivalent after 01 January 2021) or Individual Vehicle Type Approval.

Any equipment fitted to the vehicle for the purpose of lifting a wheelchair into the vehicle must have been tested in accordance with the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (S.I. 1998/2307) – or as amended from time to time. Any such equipment must be maintained in good working order and be available for use at all times.

Any driver of a licensed wheelchair accessible vehicle must have successfully passed a council approved course specifically designed for this type of vehicle in addition to undertaking the mandatory disability awareness training. Any existing licensed drivers who drive wheelchair accessible vehicles and who have not taken this training will be required to provide a course certificate within 18 months of the date that this policy comes into force.

Signage is to be fixed to the outside of all vehicles to convey to passengers that the vehicle has been designed or adapted to carry a wheelchair.

Drivers of any licensed vehicle cannot refuse to carry an assistance dog unless they have a medical exemption issued by the council. Such exemptions shall only be issued following receipt of a medical report produced by the driver’s registered general practitioner / practice. Assistance dogs should generally only be carried in the rear of the vehicle.

From the date of the implementation of this policy any new licensed vehicle must be less than 5 years old when they are first licensed and any licence issued will end once the vehicle reaches 10 years of age, unless one of the exceptions in this section applies.

Vehicles which are specified as “prestigious” or “limousines” on the registration document can be licensed up until they are 15 years old. Any vehicle that meets the Council's wheelchair accessibility requirements (see section 4.5) can be licensed up until they are 15 years old.

In line with the council’s emissions policy, vehicles which produce ultra-low (ULEV) or zero emissions will also be licensed until they are fifteen years old. A ULEV is currently defined as having less than 75 grams of CO2 per kilometre (g/km) from the tail pipe.

Any dates are calculated from the date of first registration (or date of manufacture if it is earlier) provided on the V5 Registration document.

The age of the vehicle will be calculated on the date that a valid application is received by the council.

Existing vehicles which are currently licensed by the council, which were not previously subject to this age requirement and which are older than 10 years will continue to be licensed until the vehicle is 15 years old or in any event until 1 September 2024 (whichever is sooner) when the licence will cease.

All vehicles are subject to and must pass the council’s testing requirements before a licence is issued.

The requirement for any new licenced vehicle to be less than 5 years old when they are first licensed is subject to delayed implementation and will come into effect at a later date (to be confirmed).

A licence will not be issued to any vehicle unless it is fitted with an approved fire extinguisher. It must be securely fixed within the vehicle so that it is both safe and easily accessible. The fire extinguisher must be hand-held with a pressure gauge and be at least 1.0 kg in weight or 1.0 litre in volume and comply with current British/European Standards along with the requirements relating to fire extinguishers for use in public service vehicle.

All extinguishers must be checked and serviced if required or replaced on an annual basis. The check/service must be carried out by a registered company in line with the requirements of current British Standards. The date of the test and signature of the tester must be clearly visible on a sticker attached to the extinguisher along with the vehicle licence number details of the company carrying out the check/service.

A first aid kit complying with the Health and Safety (First Aid) Regulations 1981 must be carried in all licensed vehicles so that it is immediately available for use in an emergency. All items contained within the first aid kit must be within their expiry date and in good condition.

Door Stickers

Members of the public often confuse taxis with private hire vehicles. It is important to distinguish between the two types of vehicle to ensure that passengers travel safely, are fully insured and that each vehicle is easily identifiable.

All private hire vehicles issued with licences by the council must display Council issued door signs, which include the vehicle's current licence number, on a door either side of the vehicle. The only exceptions to this requirement are where vehicles have been granted executive status. The stickers must be properly maintained and securely fixed to the vehicle. Stickers secured by means of a magnet are not allowed unless they are being used on a temporary vehicle.

The stickers will also include the council’s logo and state that the vehicle must be pre-booked. The stickers must remain on the vehicle at all times when the licence is in force.

No Smoking Signs

Approved “No Smoking” signage must be displayed on the vehicle at all times that the vehicle is licensed.

Information Notice

A council issued notice must be displayed within the vehicle which provides information to passengers in relation to how they can contact the Licensing Service to make a complaint or provide other information.

Hackney Carriage Roof Sign

All taxis must have a fixed, double-sided roof sign bearing the word “TAXI” in black lettering, on a white background (purpose built taxis may be constructed differently). When illuminated, the roof sign must not show a white light to the rear.

All signage which indicates that a vehicle is licensed must be removed when the licence expires, is suspended or revoked or if the vehicle is transferred. This requirement is to make it clear to members of the public that the vehicle is not licensed by the council.

Other than the door stickers referred to above at 4.8, no signs, notices, advertisements, marks, numbers, letters, figures, symbols, emblems or devices can be displayed on, in or from any licensed vehicle unless it is a legal requirement or it has been approved in writing by the council in line with the council’s advertising policy (Appendix 7).

A copy of the fare table issued by the council must be displayed at all times inside the vehicle so that it is clearly visible to passengers.

Fares set for hackney carriages will be reviewed annually. In order for this review to be carried out, comparison will be made with fares charged in neighbouring authorities and the relevant retail price index rates will be taken into consideration. A public notice will be placed in a local newspaper and on the council’s website where any variation of the fares is proposed. The notice shall allow 28 days for comments. A report will then be submitted to the relevant Cabinet Member for consideration and final approval.

We acknowledge that taxi and private hire vehicles account for a relatively small proportion of the total number of cars in the UK and Buckinghamshire, however we recognise that they have a disproportionate 23 impact on air quality impacting human health. This is due to the relatively high mileage they cover and their concentration in urban areas such as railway stations, supermarkets, and shopping centres where large numbers of pedestrians are present. Emissions produced by these vehicles not only have an impact on the health of the local population but also on taxi and private hire drivers who may be exposed to poor air quality for 8-12 hours a day.

Department for Transport guidance suggests that Licensing Authorities may wish to consider how far the vehicle licensing policy can and should support local environmental policies that the council may have. They may also decide to set vehicle emissions standards by promoting cleaner fuels. A review carried out by the National Society for Clean Air and Environmental Protection in 2005 found that taxis were more likely than other vehicles to fail emissions tests.

The council considers that every effort should be made to improve the efficiency of vehicles licensed to operate in its area by reducing the emissions of pollutants such as nitrous oxides, particulate matter and carbon dioxide.

The European Union has introduced stricter limits on pollutant emissions from light road vehicles, particularly for emissions of nitrogen oxides and particulates. In order to limit pollution caused by road vehicles, this Regulation introduces common requirements for emissions from motor vehicles and their specific replacement parts (Euro 5 and Euro 6 standards or UK equivalent after 01 January 2021).

Air Quality Management Areas have been declared in parts of the council area including High Wycombe, Marlow, Aylesbury, Chesham, Iver Heath and, along the M40 and M4 motorway corridors because of predicted levels of nitrogen dioxide. An Air Quality Management Area (AQMA) is an area identified by Local Authorities where the statutory UK air quality objectives are being breached. AQMAs are areas where levels of air pollution are higher than they should be (as defined by central government).

Levels of nitrogen dioxide in parts of the council area remain above the National Objectives. Air quality action plans were introduced individually by the former district councils within Buckinghamshire (Aylesbury Vale DC (2010), Chiltern DC (2009), South Bucks DC (2006) and Wycombe DC (2018). All the action plans set out strategies to reduce vehicle emissions in order to improve air quality, including working with businesses to reduce their impact on air quality. It is a duty for local authorities to bring down pollution levels, within their areas, to within acceptable limits in the shortest period of time possible.

Vehicles first registered since September 2015 must meet or exceed Euro 6 emission standards. From the date of the implementation of this policy, new licences will not be granted to vehicles that were first registered more than 5 years prior to the date that the application was made. All newly licensed vehicles will therefore meet Euro 6 standards.

Vehicles first registered since January 2011 must meet or exceed Euro 5 emission standards. From the date of the implementation of this policy, licences will not be renewed in respect of any licensed vehicle that was first registered more than 10 years prior to the date of renewal. This applies to the renewal of licences only. All such vehicles will therefore meet Euro 5 standards.

This requirement does not apply to any existing licensed vehicles which are subject to “grandfather rights” in relation to the vehicle age policy.

In order to encourage a greater uptake of ultra-low emission (ULEV) and electric vehicles within the taxi trade, however, zero emissions vehicles will be licensed for a period of up to 15 years of age as opposed 24 to the standard period of up to 10 years of age referred to above. A ULEV is currently defined as having less than 75 grams of CO2 per kilometre (g/km) from the tail pipe.

It is the aim of the council that all licensed vehicles will have ultra-low or zero emissions by 2030 and this policy will be kept under review with this target in mind. All vehicles are subject to and must pass the council’s testing requirements before a licence is issued.

The council will not license any vehicle that is already licensed as either a hackney carriage or private hire vehicle by another authority. Vehicles can also only be licensed as either a hackney carriage or a private hire vehicle. It is your responsibility to ensure that the vehicle is not licensed by another authority.

The Licensing Service has a duty of care to ensure that all residents, professional clients and general customers travelling in private hire vehicles are safe and secure at all times and that private hire vehicles are readily recognisable as such. To that end the council’s standard conditions require the display of private hire licence plates/discs and door stickers, and do not allow the use of heavily tinted windows.

The council recognises a class of executive status vehicles which will be exempt from these requirements. For such vehicles, more discreet executive plates or discs will be issued, the requirement to display door stickers will be waived and windows may be tinted. In truly exceptional circumstances, exemptions may be granted for the display of the licence plate or disc although this will generally only be allowed when it relates to the safety and security of passengers.

Executive status will only be given to vehicles which carry out work of a corporate or executive nature, which is defined as work which satisfies the conditions below.

The work must be conducted:

• for corporate or other business account customers who have a contract or written agreement with the licence holder; and
• payment is made in advance or on an account basis and not direct to the driver

In order to obtain executive status the following must be complied with:

(1) An application for executive status must be made providing details of the vehicle, including make and model, registration, vehicle licence details where applicable, owner’s details and full name and address of the driver(s) using the vehicle.

(2) The vehicle must be a high quality, executive or prestigious vehicle such as a 5 or 7 series BMW, E, R or S Class Mercedes, Jaguar XF or XJ, a Chrysler Grand Voyager or similar. Applicants should supply the Licensing Service with a full specification of any other vehicle for confirmation as to whether it would be eligible for executive status before buying any make or model of vehicle other than those listed above.

(3) The vehicle must be in a pristine condition with no visible defects, dents or blemishes to the external bodywork or internal trim or seating. The application must be accompanied by photographs of the interior and exterior of the vehicle taken at the time the application is made.

(4) Confirmation must be provided by the Operator of the executive nature of the work, including a declaration from the operator and supporting evidence of the executive status of the work. Supporting evidence may be by way of:

• bookings records;
• client references;
• business plan or description of intended executive style work.

Applicants applying to renew vehicle licences with executive status are not required to provide an operator declaration, or further supporting evidence, unless the council has concerns about the executive status of the vehicle.

(5) You must sign an acknowledgment that you fully understand, accept and will comply with both the executive status conditions and this policy.

Following receipt of an application for executive status, the vehicle will be assessed on its own merits. Officers of the Licensing Service may contact customers to confirm the details given in the application.

If an applicant is aggrieved by the decision they will have a right to appeal in writing within 14 days of the date of the decision to the Head of Licensing.

If executive status is granted, the status may be removed at any time after it has been granted if there is evidence that the conditions and requirements are not being complied with. Executive status is non-transferable and each application will be treated on its own merits.

The council views the granting of executive status as a privilege and expects the executive status conditions to be complied with at all times.

If a decision is made to remove executive status, the executive licence plate or disc must be returned to the council immediately. The vehicle will then be subject to ordinary private hire conditions as to the display of licence plates, door stickers and window light transmission levels.

In recent years there has been rapid growth in demand for the hire of limousines and specialist vehicles.

For the purposes of this policy and licence conditions, a stretched limousine is defined as a luxurious vehicle that has been modified (stretched) to extend the length of the vehicle and which is capable of carrying up to, but not more than, 8 passengers.

The council will not license this type of vehicle as a Hackney Carriage.

On application for a vehicle licence for stretch limousines and novelty vehicles the following documents must be provided in addition to the requirements for a standard private hire vehicle:

a) Individual Vehicle Approval Certificate.

b) Documentation to confirm the overall weight of the vehicle.

c) The Vehicle Identification Number (VIN) plate must display ‘1L1’ to confirm that the conversion has been completed by an authorised dealer. This will be confirmed by inspection prior to any licence being issued

The requirements for licensing stretched limousines and novelty vehicles and the conditions to be attached to these licences can be found at Appendix 3 in this policy.

Applications for non-standard road vehicles such as novelty vehicles, tuk tuks or horse and carriages will be considered on their own merits but will be subject to greater scrutiny because they raise special safety concerns.

In line with the Hackney Carriage and Private Hire Vehicle Licence conditions, the licence plate and paper licence must be returned to the Licensing Service before the sale of any licensed vehicle, along with a written request to transfer the vehicle licence to another person where relevant. This is to ensure that the vehicle remains properly insured and only driven by an appropriately licensed person.

Where the vehicle is sold with the intention of its continued use as a licensed vehicle, the new owner must apply for the licence to be transferred into their name by completing the appropriate application form and submitting this along with a valid insurance certificate (and schedule if required), the V5 Registration Document in the applicant’s name or the completed New Keeper Supplement plus the official sales receipt and the relevant fee.

Where a change of vehicle is required during the period of a vehicle licence, for example due to sale of the vehicle, mechanical breakdown or accident, a new licence application must be submitted for the new vehicle along with the appropriate fee and any documents usually required for a vehicle licence. The application will be treated as a new vehicle application and the previous licence must be surrendered (unless transferred to a new owner).

In cases of mechanical breakdown or damage following an accident, a temporary licence and plate can be issued to a different vehicle. This licence will last for a period of no more than six months and will be renewable on only two occasions, up to a maximum of six months. If the vehicle is still required at the end of this period a full licence must be applied for.

A temporary licence will not be issued to any vehicle that is already licensed by the council when the application is made. A temporary licence may also not be issued to anyone who has failed to return a temporary licence and plate when requested to do so within the previous two years. A fee is payable for temporary licences.

Temporary licence plates must be displayed on the vehicle in line with the conditions of the licence. It is your responsibility to pay for any damage which might be caused when the temporary licence is removed.

council issued door stickers must also be displayed on temporary vehicles but because the licence is only valid for a short period of time these can be attached by means of magnets

It is your responsibility to ensure that your licence is renewed before it expires. Any application submitted after the expiry of the licence will be treated as a new application, unless the application is made within three days of expiry and exceptional circumstances exist as to why the application was not made before the licence expired. Evidence of exceptional circumstances will be required.

Unless the applicant is a current licensed driver or operator, all applicants for a new vehicle licence will have to provide a Basic Disclosure and Barring Service (DBS) Certificate which is not more than 3 months old, unless they have already provided a DBS issued within the last 12 months. Any information on the Certificate will be considered in line with the council’s Criminal Records and Acceptable Behaviour Policy (Appendix 4).

If you have been absent from the United Kingdom for a continuous period of three months or more since the age of 18, you will also be required to provide a certificate of good conduct from any country or countries where you have lived.

Where existing vehicle licence holder’s commit offences and/or breaches of licence conditions, the nature and number of incidents will be taken into consideration along with the council’s Criminal Convictions and Acceptable Behaviour Policy when making any decisions about what action should be taken. Complaints or warnings will usually be held on file during any licence or application period and can also be taken into consideration if there is a period when the licence holder is not licensed. If your licence is revoked for persistent breaches of licence conditions, we would not usually grant another vehicle licence to you for a period of 3 to 5 years.

The council will not normally issue a vehicle licence to anyone who does not comply with the minimum requirements set out in the council’s Criminal Records and Acceptable Behaviour Policy (see Appendix 4). Where several minor offences or failures to comply with instructions or requests have been committed, the council will take into consideration any pattern of offending. The council will take all relevant information into consideration when considering an application for a hackney carriage or private hire vehicle licence.

You must inform the Licensing Authority in writing within 48 hours if you have been arrested, charged, cautioned or convicted of any offence (including motoring offences) if you have a current licence or if you have submitted an application to renew your licence or for a new licence. You (or someone on your behalf) must also notify us in writing within 48 hours if you have been detained by the police. Fixed Penalty Notices must be reported to the Licensing Service in writing when it is accepted, as opposed to when the driving licence has been updated.

Vehicle licences may be suspended or revoked for breach of licence conditions, where the vehicle is considered to be unroadworthy, where there is no current valid insurance or operator for a private hire vehicle or where the licence holder is not considered to be a fit and proper person. The licence holder will be issued with full reasons in writing for any such action.

If your vehicle licence has been suspended or revoked under section 60 of the Local Government (Miscellaneous Provisions) Act 1976, you can appeal to the Magistrates Court within 21 days from the date on which the letter confirming the council’s decision was served on you.