Version 2, Effective from 1 April 2024
Penalty Points Scheme Purpose
The Council has a ‘penalty point’ system of enforcement. The purpose of the scheme is to provide a more balanced, consistent and transparent approach of enforcement against licence holders who commit minor offences. It is considered to be a more structured and formalised method of issuing warnings. The scheme does not prevent the Council from taking any other enforcement actions it is entitled to take under legislation or byelaws. Penalty Points will not be added to the person’s record where they are dealt with by alternative sanctions.
The overriding aim of the licensing function is to protect the public from harm and reduce public nuisance being caused by the trades within the city by the adherence to the law, regulations, policy and conditions of licence.
Method of Operation
Points will be issued by authorised officers of the Authority to licence holders who are found to be in breach of legislation, byelaws, the taxi licensing policy or conditions of licence. Points will be issued by means of a written notice on which shall be supplied the number of points imposed and the reason/s for which they have been issued.
The maximum number of points that can be imposed in respect of any particular matter is set out in the accompanying table, but it is possible for one incident or inspection to result in more than one set of points being issued.
If a licence holder accumulates 12 points or more within a rolling period of 36 months, then their licence will be subject to a review by the Taxi Licensing Committee. Once considered by Taxi Licensing Committee, the points will be considered as spent and therefore excluded from the running total recorded against any individual licence holder going forward.
Any licence holder aggrieved by the imposition of penalty points on their licence may appeal to the Taxi Licensing Committee where they will have the opportunity to explain why the points should not have been imposed. Members of the Committee will consider the matters that have resulted in points being awarded and can either uphold the points issued by the authorised officer, increase the number of points awarded, reduce or remove the points awarded, or decide to take any other action open to them or direct that a full review of the status of the licence held by the licensee to take place at a further future hearing.
Notice of the appeal must be submitted in writing to the Licensing Service Manager within 14 days of receiving the penalty points notice.
The following tables list the breaches of legislation that attract penalty points.
| Point Code | Offence / breach of condition or policy | Points | Driver | Vehicle proprietor | Regulatory framework |
|---|---|---|---|---|---|
| H1 | Fail to wear badge | 4 | X | Byelaw 14 | |
| H2 | Failure to display HC plate correctly | 3 | X | X | s.4(2) PCCA 1975, HCVL condition 2 |
| H3 | Evidence of using e-cigarettes or similar vapour devices in the vehicle whilst driving with a fare paying passenger. | 3 | X | Taxi Licensing Policy | |
| H4 | Driver unacceptable appearance/hygiene | 3 | X | Taxi licensing policy | |
| H5 | HC not well maintained or kept clean | 4 | X | X | HCVL condition 17 |
| H6 | Fail to behave in civil and orderly manner | 8 | X | Byelaw 9a | |
| H7 | Leaving HC unattended at a stand | 4 | X | s.62 TPCA 1847 | |
| H8 | Carrying animal other than hirers | 4 | X | X | HCVL condition 11 |
| H9 | Play sound equipment without consent of hirer | 3 | X | X | Byelaw 9c |
| H10 | Cause or permit noise from HC to annoy others | 3 | X | X | Byelaw 9d |
| H11 | Carrying another person than the hirer without consent. | 6 | X | s.59 TPCA 1847 | |
| H12 | Obstructing other drivers | 6 | X | s.64 TPCA 1847 | |
| H13 | Taximeter not illuminated | 3 | X | X | Byelaw 5c |
| H14 | Fail to produce licence upon request | 3 | X | s.11 PCCA 1975 | |
| H15 | Use HC horn to signal hirer | 4 | X | X | Byelaw 9f |
| H16 | Fail to notify injury/illness affecting driving ability | 8 | X | Byelaw 10b | |
| H17 | Fail to notify of conviction or endorsement within time | 3 | X | Byelaw 11 | |
| H18 | Fail to assist loading/unloading luggage | 4 | X | Byelaw 15b | |
| H19 | Fail to take luggage to/from building/station etc. | 4 | X | Byelaw 15c | |
| H20 | Prolonging journey unnecessarily | 6 | X | s.27 PCCA 1975 | |
| H21 | Fail to notify change of address | 3 | X | X | Byelaw 10a |
| H22 | Fail to submit HC over 5 yrs old to 6-month test when required | 6 | X | HCVL condition 7 | |
| H23 | Fail to transfer HCV licence to other within permitted time | 4 | X | s.7 PCCA 1975 | |
| H24 | HC Proprietor fail to provide info as to driver | 6 | X | HCVL conditions 12 or 13 | |
| H25 | Fail to convey luggage | 4 | X | Byelaw 15a | |
| H26 | Failing to proceed to stand | 4 | X | Byelaw 7a | |
| H27 | Fail to proceed to another stand if fully occupied | 4 | X | Byelaw 7b | |
| H28 | Fail to station carriage immediately behind carriage on stand | 3 | X | Byelaw 7c | |
| H29 | Fail to move up stand | 3 | X | Byelaw 7d | |
| H30 | Fail to display/conceal or illegible tariff | 4 | X | X | Byelaw 16b |
| H31 | Fail to be at allotted time/place agreed with hirer | 3 | X | Byelaw 12 | |
| H32 | Failure to report, in writing, within 72 hours, accident or damage to licensed vehicle, which would affect the safety, performance or appearance of the vehicle or comfort or convenience of passengers. | 4 | X | s.8(3) PCCA 1975 | |
| H33 | Failure to provide medical within 28 days of the due date | 4 | X | Taxi Licensing Policy | |
| H34 | A licensed vehicle with a defective tyre | 4 - 6 per tyre | X | s.26 PCCA 1975 s.41A Road Traffic Act 1988 HCV Condition 8 Code of Good Conduct | |
| H35 | Leaving or waiting with the vehicle in a manner which causes or is likely to cause a nuisance or obstruction to other road users/landowners | 3 | X | Taxi Licensing Policy Code of Good Conduct | |
| H36 | Driver witnessed using*/operating*/handling/watching* *a mobile phone or other digital device whilst driving. Permitted exceptions: *use or operation by means of a hands-free device, provided such use or operation is in connection with their role as a licensed driver, for as short a period as possible and only as permitted by law ** for anything other than navigation purposes. | 6 | X | Taxi Licensing Policy Code of Good Conduct | |
| H37 | Displaying an out of date/invalid medical exemption certificate | 4 - 6 | X | Taxi Licensing Policy Wheelchair and Assistance Dog Exemption Guidelines | |
| H38 | Failure to display required signage and/or displaying unsuitable or inappropriate sited signs in or on the vehicle | 4 | X | X | Hackney Carriage Vehicle conditions Hackney Carriage Vehicle Specification and Vehicle Compliance Testing Manual |
| H39 | Failure to provide working card machine for customer use. | 6 | X | X | Conditions of Licence Hackney Carriage Vehicle |
| Point Code | Offence / breach of condition or policy |
Points | Driver | Vehicle proprietor or PH Operator | Regulatory framework |
|---|---|---|---|---|---|
| P1 | Fail to wear driver badge | 4 | X | s.12 PCCA 1975 | |
| P2 | Fail to display PH plate correctly | 3 | X | X | s.5(2) PCCA 1975, PHV condition 2 |
| P3 | Evidence of using e-cigarettes or similar vapour devices in the vehicle whilst driving with a fare paying passenger. | 3 | X | Taxi Licensing Policy | |
| P4 | Driver unacceptable appearance/hygiene | 3 | X | Taxi licensing policy | |
| P5 | PHV not well maintained or kept clean | 4 | X | X | PHVL condition 17 |
| P6 | Fail to behave in civil and orderly manner | 8 | X | PHD condition 7a | |
| P7 | PHV parking or waiting on HC stand | 6 | X | s.22 PCCA 1975 | |
| P8 | Carrying animal other than hirers | 4 | X | PHVL condition 11 | |
| P9 | Play sound equipment without consent of hirer | 6 | X | X | PHD condition 7c |
| P10 | Cause or permit noise from PHV to annoy others | 6 | X | X | PHD condition 7d |
| P11 | Fail to notify change of PH Operator | 3 | X | PHD condition 1b | |
| P12 | PHO fail to keep proper records | 6 | X | s.14(2) PCCA 1975. PHO condi- tion 2 | |
| P13 | PHO fail to keep vehicle records | 6 | X | s.14(3) PCCA 1975, PHO condi- tion 1 | |
| P14 | Fail to produce licence upon request | 3 | X | X | s.11 PCCA 1975 |
| P15 | Use PHV horn to signal hirer | 6 | X | PHD condition 7e | |
| P16 | Fail to notify injury/illness affecting driving ability | 8 | X | PHD condition 1d | |
| P17 | Fail to notify conviction | 3 | X | PHD condition 1c | |
| P18 | Fail to notify of endorsement | 3 | X | PHD condition 1e | |
| P19 | Fail to assist loading/unloading luggage | 4 | X | PHD condition 6a | |
| P20 | Fail to take luggage to/from building/station etc. | 4 | X | PHD condition 6b | |
| P21 | Prolonging journey unnecessarily | 6 | X | s.27 PCCA 1975 | |
| P22 | Fail to notify change of address | 3 | X | PHD condition 1a | |
| P23 | Fail to submit PHV over 5 yrs old to 6 month test when required | 6 | X | PHVL condition 7 | |
| P24 | Fail to transfer PHV licence to other within permitted time | 4 | X | s.7 PCCA 1975 | |
| P25 | PHV Proprietor fail to provide info as to driver | 6 | X | PHVL conditions 12 or 13 | |
| P26 | Displaying unsuitable or inappropriate sited signs in or on the vehicle | 3 | X | X | Private Hire Vehi- cle Conditions Private Hire Vehicle Specifica- tion and Vehicle Compliance Testing Manual |
| P27 | Failure to report, in writing, within 72 hours, accident or damage to licensed vehicle, which would affect the safety, performance or appearance of the vehicle or comfort or convenience of passengers. | 4 | X | s.8(3) PCCA 1975 | |
| P28 | Failure to provide medical within 28 days of the due date | 4 | X | Taxi Licensing Policy | |
| P29 | A licensed vehicle with a defective tyre | 4 to 6 per tyre | X | s.26 PCCA 1975 Code of Good Conduct | |
| P30 | Leaving or waiting with the vehicle in a manner which causes or is likely to cause a nuisance or obstruction to other road users/land owners | 3 | X | X | Taxi Licensing Policy Code of Good Conduct |
| P31 | Driver witnessed using/operating/handling/watching** a mobile phone or other digital device whilst driving. Permitted exceptions: *use or operation by means of a hands free device provided such use or operation is in connection with their role as a licensed driver, for as short a period as possible and only as permitted by law ** for anything other than navigation purposes. | 6 | X | Taxi Licensing Policy Code of Good Conduct | |
| P32 | Failure to display required signage and/or displaying unsuitable or inappropriate sited signs in or on the vehicle | 4 | X | X | Private hire vehicle Conditions Private hire vehicle Specification and Vehicle Compliance Testing Manual |
| P33 | Failure to provide working card machine for customer use. | 6 | X | X | Conditions of Licence Private Hire Vehicle |
Taxi Licensing Office
Plymouth City Council
Ballard House
West Hoe Road
Plymouth
PL1 3BJ
Email: [email protected]
Telephone: 01752 304141
Website:Taxi licensing | PLYMOUTH.GOV.UK