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Private Hire Vehicle Conditions

(Made Under Section 48(2) of Part II of the Local Government (Miscellaneous Provisions) Act 1976 by Fareham Borough Council with respect to Private Hire Vehicles within the said Borough.)

Conditions of Application

  1. Before a licence is granted in respect of a private hire vehicle, the applicant being a proprietor of the vehicle must:-
  1. Complete and submit to the Council an application in the form prescribed by the Council
  2. Satisfy the Council that the vehicle is suitable in size, type and design for use as a private hire vehicle and that the design or appearance is not such as is likely to lead any person to believe that the vehicle is a hackney carriage licensed to ply for hire.
  1. A private hire vehicle must:-
  1. be a car fitted with four road wheels and at least four doors allowing suitable ingress and egress to all passengers
  2. be a right hand drive
  3. be of sufficient seating capacity to carry not less than four nor more than eight passengers in comfort in addition to the driver.  (The seating capacity to be determined in accordance with Reg.42 of the Road Vehicles (Registration and Licensing) Regulations, 1871);
  4. be in a satisfactory safe, clean, well maintained and comfortable condition for the carriage of passengers;
  5. have in force during the currency of the licence in relation to the use of the vehicle for the carriage of passengers for hire or reward a policy of insurance complying with the provisions of Part VI of the Road Traffic Act 1972.
  1. Present the vehicle for inspection at such place within the Borough of Fareham and at such time as the Council's authorised officer shall require having previously been given notice.

Conditions of Licence

General

The licence holder must observe and carry out the requirements of the Local Government (Miscellaneous Provisions) Act 1976, Part II, and any orders or regulations made thereunder and the requirements of any other Act of Parliament or orders, regulations or byelaws made thereunder relating to the use of  motor vehicles.

Interpretation

In this licence and in these Conditions, unless the subject or context otherwise requires:-

 

"authorised officer" means the any officer of the Council authorised in writing by the Chief Health and Regulatory Affairs Officer of the Council for the purposes of Part II of the Local Government (Miscellaneous Provisions) Act 1976;

"the Council" means the Fareham Borough Council;

 

"hackney carriage" has the same meaning as in the Town Police Clauses Act 1847;

 

"licence plate" means the plate issued by the Council for the purpose of identifying the vehicle as a private hire vehicle duly licensed by the Council;

 

"proprietor" includes a part-proprietor and, in relation to a vehicle which is the subject of a hiring agreement or a hire purchase agreement, means the person in possession of the vehicle.  (Where a car belonging to an owner/driver is let for use as a private hire car to a private hire operator, the private hire vehicle licence in respect of that vehicle may be granted either in the name of the operator or in that of the owner/driver. This will invariably be the person (or firm) completing an application.)

 

The proprietor shall observe and carry out the following terms and Conditions:-

  1. The Proprietor must ensure that the licence plate issued by the Council is fixed to the rear of the vehicle in a position approved by the Council.  The plate should be displayed on the vehicle at all times during which the vehicle is being used as a private hire vehicle.
  2. The private hire vehicle licence plate shall remain the property of the Council and shall be returned within seven days or after the service on the proprietor of an appropriate notice by the Licensing Officer of the Council.
  3. An authorised officer of the Council may inspect and test the vehicle at all reasonable times
  4. Without prejudice to the provisions of Condition 3, the proprietor shall present the vehicle for inspection when required by the Council, at least once but not more than three times in a year.
  5. The proprietor shall, on being so required by an authorised officer, produce for inspection the licence and/or the certificate of insurance in relation to the use of the vehicle as a private hire vehicle.  Provided that, if the proprietor fails to produce such licence and/or certificate of insurance on request, he shall produce it within five days of such request to an authorised officer at  the office of the Licensing Officer, Civic Offices, Civic Way, Fareham.                       
  6. (i)   There shall not, on any private hire vehicle licensed as such in the Borough of Fareham, be displayed on or from that vehicle any sign, notice or mark which consists of or includes -
  1. the word "taxi" or "cab", whether in the singular or plural, or "hire" or any other word of similar meaning or appearance to any of those words, whether alone or as part of another word, or
  2. any illumination or other feature which, having regard to the time and place at which it is displayed and to any other circumstances, may suggest to a person seeking to hire a private hire vehicle or a taxi-cab that the vehicle is used for the purpose of carrying passengers for hire or reward.

           (ii)      the foregoing provisions of this Condition shall not apply to a sign displayed on or from a private hire vehicle -

  1. which is prescribed by or under any local or public general Act, or
  2. which is a strip (which shall not be illuminated) on the windscreen and/or rear window showing, subject to paragraph (i) above, the name or trade name and the telephone number of the firm operating the vehicle, and
  3. the lettering of which does not exceed 2.5 inches in height and which is displayed in such a position that it does not contravene the Road Traffic Acts or regulations made thereunder.
 
  1. The proprietor shall not convey, or cause to permit to be conveyed in the private hire vehicle a greater number of persons (irrespective of age) exclusive of the driver than the number of persons specified in the licence.
  2. The proprietor shall cause to be carried on the private hire vehicle an efficient fire extinguisher of a type approved by the Council and suitable for use on motor vehicles.  Such extinguisher to be fixed on the vehicle in such a position as to be readily available for use and maintained in good working condition at all times.
  3. Should a taximeter be installed in a private hire vehicle, it must be tested, approved and sealed by an authorised officer of the Council.
  4. The proprietor of a private hire vehicle in respect of which a vehicle licence has been granted by the Council transfers his interest in that vehicle to a person other than those named on the licence,  should within fourteen days after the transfer, give notice in writing to the council specifying the name and address of the person to whom the private hire vehicle has been transferred.
  5. The proprietor or operator of a private hire vehicle shall not place or cause or permit to be placed any advertisement without the prior confirmation of the Licensing Officer, this advertising may only contain the name and telephone of the company and the words ‘pre-booked’.  The words "taxi" or "cab" whether in the singular or plural and whether alone or as part of another word cannot be used on Private Hire Vehicles unless the proprietor of the vehicle is also the proprietor or part proprietor of a hackney carriage company licensed by Fareham Borough Council and registered as such.
  6. All Fareham Private Hire Vehicle proprietors must advise their drivers that they are required to take travel tokens which can be exchanged at the Banking Hall of the Council.
  7. The Penalty Point system will apply to all drivers, owners and operators for general breaches of Taxi and Private Hire Legislation.
  8. The Council may vary any or all of the Conditions herein at any time

Note:  "Advertisement" includes every form of advertising whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television and reference to the issue of an advertisement shall be construed accordingly.

 

Note:  Private Hire vehicles being used to carry passengers to, from or in connection with any wedding ceremony, will not be required to display a private hire vehicle plate during such journeys.

 

Note: By virtue of the Local Government (Miscellaneous Provisions) Act 1976 and the Public Health Act 1936, any person aggrieved by any condition attached to this licence may appeal to Fareham Magistrates Court by giving notice within 21 days of the issue of the licence