Agenda item

Review of Hackney Carriage and Private Hire Penalty Points Scheme

Minutes:

Members received a report providing an update in relation to the Council’s Hackney Carriage and Private Hire Penalty Points Scheme (the scheme).

 

The Senior Practitioner (Licensing) (SPL), Worcestershire Regulatory Services (WRS) presented the report and explained that the scheme had been introduced in early 2018 as a measure to tackle drivers responsible for minor offences and acts of non-compliance.  Under the scheme a tariff was introduced setting out the number of points that would be issued for different offences or breaches.  Any drivers who accumulated over a set number of points within a defined period of time would be automatically referred to the Licensing Sub-Committee for consideration of whether they remained a fit and proper person. 

 

It was noted that alongside the scheme itself, officer retained the ability to take more formal action against licence holders in the event of serious offences or breaches.

 

Members were referred to the Table at Appendix 2 which set out the total number of points issued to drivers since the scheme was introduced broken down into the different categories for which points were awarded.  The total number of notices of penalty points for the period was 37 which officers believed to be quite low.  Only one driver had been referred to the Licensing Sub-Committee for accumulating more than the maximum number of points permitted.  Overall, the scheme seemed to have been working well; it had been supported by the Redditch Taxi Association and this had led to an element of self-regulation by the drivers which was to be welcomed.

 

In response to comments from the public speaker, the SPL explained that the there had been a high number of penalty point notices issued for the offence of failing to display vehicle licence plate on the outside rear of the vehicle. This had to be considered though in the context that the rules required licenced vehicles to display their plates at all times.  Officers had tried to use some discretion when issuing points to licenced vehicles under this category, and if drivers did not feel the points had been awarded fairly then they could appeal.  However, if licenced vehicles were seen being driven without their licence displayed then points would be issued.

 

The SPL explained that the options for the Members of the Committee were either to note the report or to instruct officer to carry out a consultation on making possible changes to the scheme. Although the scheme was working well, there were a few areas where it was possible that improvements could be considered including the rules around defective lights and whether the scheme could be used to encourage drivers to not to leave engines running unnecessarily.

 

During the debate the following matters were referred to:-

 

·       Whether or not there might be some unintended bias in the scheme with hackney carriage drivers possibly being more likely to receive penalty points notices because the vehicles were more readily identifiable.  The SPL did not have any data on this but highlighted that both private hire and hackney carriage drivers were awarded points and the only case to go before sub-committee for breaching the number of points was a private hire driver.

 

·       That officers tried wherever possible to use their discretion when assessing whether a vehicle had been left unattended.  If a driver was just outside the vehicle stretching their legs or waiting nearby that would be acceptable; where drivers had clearly left the area where there vehicle was parked for some minutes that would not be acceptable.  Places on the taxi rank were at a premium and it caused problems for other drivers when vehicles were left unattended.

 

·       That a number of councils were operating penalty points scheme, including two others in Worcestershire. The schemes had the benefits of discouraging low level non-compliance and identifying drivers who repeatedly infringed the rules.

 

·       That points could be awarded to either the driver or the proprietor of the vehicle depending on the circumstances.  Usually it was clear based on the facts to whom the points should be awarded, but if there was any confusion then the person receiving the points could appeal.

 

Officers clarified that the options for Members were either for the scheme to remain unchanged and for the report to be noted, or if Members were considering making any changes then there would need to be a formal consultation.

 

Following further discussion it was moved and seconded that the report be noted.  An amendment was moved that officers should be requested to carry out consultation.

 

On being put to the vote the amendment was lost. Members then considered the recommendation to note the report.

 

RESOLVED that

 

The contents of the report be noted, and that an officers report on the Hackney Carriage and Private Hire Penalty Points scheme be brought back to Licensing Committee in 12 months.

 

 

 

 

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