Operational partnerships - Suspension of licences - Hackney carriage and private hire vehicles SOP (R01f)

1. Summary of changes

1.1. The following changes have been made to this standard operating procedure (SOP) in March 2022:

• this SOP has been fully reviewed. No amendments to content have been made

2. What this procedure is about

2.1. The following SOP outlines powers of police officer to suspend a Hackney Carriage or Private Hire Licence.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. Only officers from Tactical Operations Roads Policing Unit, and those police constables on divisions who have undertaken a traffic patrol course, may invoke the scheme.

3.2. All taxis regardless of weight, or carrying capacity are included.

3.3. Hackney Carriages (Taxi)

These are vehicles licensed by the local authority. The driver must have his/her licence with them, and an identification badge issued by the council. The driver may ply for hire (can be flagged down) within the district where the licence was granted, but not outside. Those vehicles that carry less than eight passengers do not require an operator’s licence.

3.4. Private hire vehicles   

These are vehicles licensed by the local authority. The driver must have his/her licence with them, and an identification badge issued by the council. The driver may not ply for hire, and may only collect passengers that have pre-booked the PHV. Those vehicles that carry less than eight passengers do not require an operator’s licence.

3.5. Offences and people to whom the scheme applies:

3.5.1. The scheme embraces all offences relating to Construction and Use Regulations, road traffic offences in relation to vehicle safety (not driving standards) and to offences relating to the condition of the lights required to be fitted by law. The scheme applies to all drivers/users of a motor vehicle on a road and who are able to provide a satisfactory address for service of a summons, and who are at the time acting as hackney carriage, or private hire drivers.

3.5.2. Where any defects are found on a vehicle to which this policy applies, the driver should be dealt with in the most appropriate way for those offences, i.e. the driver can be cautioned, issued a Traffic Offence Report (TOR). 

3.5.3. If the defects are such that a police constable considers them to render the vehicle unsafe or un-roadworthy, then the constable may suspend the licence issued to the driver/vehicle until such time as the constable is satisfied that the vehicle no longer exhibits those defects.

3.5.4.The driver will be issued with a section 68 form (Word form 3265) ensuring that a copy is sent to the local council Hackney Carriage Enforcement Officer. When issuing the suspension, a STORM record will be created
listing the defects and the reference noted on the suspension notice. 

3.5.5. The suspension can be removed in one of three ways:

1. inspection by the local council enforcement officer
2. inspection by a police constable
3. issue of a form PG10 to remove a PG9

3.5.6. The driver should be advised that they can arrange for removal of the suspension out of office hours by contacting Kent Police, and quoting the STORM reference number. An officer from Tactical Operations Roads Policing Unit or an officer on divisions who has undertaken a traffic patrol course, will then be directed to attend by the Force Control Room (FCR) in order that a further inspection can be carried out. 

3.5.7. The original suspension notice must be endorsed accordingly by the removing officer so that the driver can forward this to the local council enforcement officer and updated.

3.5.8. Where a PG9 has been issued in respect of any defects, the issue of a PG10 following an MOT is deemed sufficient to permit removal of the suspension. In this case, the person presenting the PG9 and suspension notice must be provided with a copy of the PG10 and the suspension notice endorsed accordingly with the removal.

3.6. Administration - Hackney carriage and private hire vehicles

3.6.1. A copy of the section 68 notice must be forwarded to the local council enforcement officer. Upon receipt of the section 68 notice, the council officer will contact the driver directly. The police constable should submit a relevant offence report in the normal manner. This scheme does not replace the PG9 scheme which can still be instigated should the defects be considered serious enough to merit such action.

3.6.2. Police officers should not remove the HC/PHV plate from the vehicle; this can only be done following a requirement from the local council enforcement officer under Section 58 of the Local Government (Miscellaneous Provisions) Act 1976, in which case the driver has seven days in which to return the plate before a power of seizure is conferred. Police officers should not seize the licence issued to an HC/PHV driver.

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion, or belief or sexual orientation.

5. Risk assessment

5.1. This SOP has been assessed as low risk.

6. Consultation

6.1. Took place in 2013 with representation from constable to chief inspector.

6.2. Corporate consultation took place with representation from

• Human Resources
• Finance
• IT Security
• Health and Safety
• Legal
• Freedom on Information

7. Monitoring and review

7.1. Ownership for the review of this procedure will be with the RPU inspector. The SOP will be reviewed every two years with the next review taking place in March 2024.

8. Other source documents

None listed.

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

10. Retention and disposal of records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.