A series of offences involving the use of a converted fire engine as a limousine led to the Wolverhampton based Daryl Williams, trading as Oddball Limos, being ordered to pay £8,867.25 in fines and costs by the city’s magistrates. Mr Williams pleaded guilty to
Five offences of advertising an illegally serviced operating vehicle, which means he was not given a COIF certificate for the vehicle, and that his driver had had a normal licence and not a PSV O-licence.
One of using a vehicle without a current test certificate
One of using a vehicle likely to cause danger
One of using a vehicle without any insurance
One of failing to make entries on a tachograph record
One of failing to produce a tachograph record.
Prosecuting for VOSA and Wolverhampton Trading Standards Department, Amy Jacobs said that the open area at the back of the converted fire engine was used as a dance floor. Mr Williams had neither a PSV O – licence nor private hire licence for the vehicle. In February, the council wrote to Mr. Williams pointing out that such big vehicles as, coaches, party buses, and such converted fire engine needed a Certificate Of Initial Fitness (COIF). This certificate is aimed at preventing harm to members of the public using the vehicle. The insurance was invalidated by the use of the vehicle as a PSV. A tachograph was required to be used but Mr Williams did not use one. Mr Williams was holding himself out that he was legally able to provide a service with the vehicle. As he had no licence he could not lawfully carry out the service. He advertised in Yellow Pages on his own website. The adverts included a large fire engine among the available vehicles, quoting an O- licence number.
Miss Williams made a booking for 10 people on the 5th October, on this date the under cover police operation in conjunction with the police was carried out using 10 council staff. There were 11 passengers on the vehicle, which was driven by Mr Williams he was paid £200 in cash. The vehicle was followed by the police and it was pulled over and stopped. People were drinking, there were no safety rails between the rear of the can and the platform, and passengers were encouraged to move between two areas. There was very little anti-slip material; the seating in the cab area was not properly secured. The magistrates were shown a DVD of people dancing in the vehicle while it was driving along.
Mr Williams was very naïve over the legal requirements of the vehicle, he had though that the COIF and tachograph were not valid to this type of vehicle, for this he was prosecuted. The magistrates fined him £2,530 an ordered him to pay prosecution costs of £6,322.23 and £15 victim surcharge. They also banned him for driving for six months.
UK AND REPUBLIC OF IRELAND TO RECOGNISE DISQUALIFICATIONS
The United Kingdom and Republic Of Ireland governments have agreed to mutually recognise driving disqualifications, and fining limousine operating companies, issued to either UK of Irish drivers. This first time this has happened between two EU countries. The measures are the result of a deal agreed between Ministers from Northern Ireland, Great Britain and the Republic of Ireland and represent the first practical step of its kind in Europe. It means that a UK driving licence holder disqualified for an offence in Ireland will no longer escape that punishment when they return home. Likewise, a disqualification earned by an Irish driver while in the UK will have their disqualification enforced on their return to Ireland.
The limousine hiring businesses will have a foot put down on them within the area of whether there companies are legal. This includes CIB checks on the drivers by the police, legal licences (depending on what they drive), and whether the limousines have got the right type of certificate for the type of vehicle it is. An example of this would be all 8 seater, 120 stretch limousine to have a SVA certificate, if they do not have this, the limousine can then be taken away and impounded and the owner of the limousine company to be fined and prosecuted.
Mutual recognition of driving disqualification came into effect between Britain and Northern Ireland back in 2004 and was extended to include the Isle of Man in May 2005. Roads minister Paul Clark says: ‘the UK has one of the safest road safety records in the world and this cooperation will improve it further’.
TWO JAILED FOR TACHO FRAUD THAT HID ILLEGAL DRIVING
VOSA says that a case in which a father and son were jailed sends ‘a clear message out to the industry within coaches and private hire companies that drivers who allow their names to be used on tachographs records by other will face a custodial sentence’. VOSA Chief Operating Officer Alex Fiddes says ‘We take falsification of tachograph records extremely seriously. As this case has proved, it can result in prison.
Kevin Reid, the investigation VPSA Traffic Examiner has been awarded a Judges Commendation for his diligence in the case. The fraud was detected on the O-licence of Colin P Linder Haulage Saxmundhum, Suffolk. Father, Colin Linder was sentenced to six months in prison and disqualified from driving for 12 months, after knowingly making 20 false tacho records/ his son Sean Newson, also the CPC holder, was sentenced to four months in jail for knowingly falsifying 16 tachograph records due to what the Judge at Ipswich Crown Court described as ‘misguided loyalty towards his father’ by allowing his name to be used on the tachograph records to hide excess driving and insufficient rest. No costs were incurred by either defendant due to their financial circumstances. The government could not put forward any more how important it is to be fully licensed, have the right certificate aka IVA,SVA, or COIF to make sure this does not happen to anyone else.
EVERYTHING OVER EIGHT SEATS SHOULD BE A PSV
It seems that the government has two choices: either PSV regulations start with 17 seats and above or all minibuses, party buses, limousines, and other 8 seater vehicles irrespective of ownership whether self-drive, schools, Section 19, Privet etc are all brought under the PSV regulations and requirements, thus ensuring that professional standards are met with regards to working hours, tacho use and professional drivers. It’s the annoying thing that everyone has to operate within the rules of full size coaches and possibly get reprimanded or fined for the smallest indiscretion, yet see many cowboy operators who operate under the cover of darkness when VOSA has gone to bed, or openly flout the rules because the police do not know what to look for. Everyone would support the campaign and if enough operators join and shout together perhaps our voice may be heard.
PROPOSED CHANGES TO TOPOGRAPHICAL KNOWLEDGE
However, private hire vehicles are not legally available for immediate hiring in the same way as taxis. To hire a PHV the would-be passenger has to go through an operator, so the driver will have an opportunity to check the details of a route before starting a journey. So it may be unnecessarily burdensome to require a would-be private hire vehicle driver to pass the same ‘knowledge’ test as a taxi driver, though it may be thought appropriate to test candidate’s ability to read a map and their knowledge of key places such as main roads and railway stations. The department is aware of circumstances where, as a result of the repeal of the PHV contract exemption, some people who drive children on school contracts are being deterred from continuing to do so on account of overly burdensome topographical tests. Local authorities should bear this in mind when assessing applicant’s suitability for PHV licences.
CRIMINAL RECORD CHECKS
Private Hire Operators (as opposed to PHV drivers) are not exceptions to the Rehabilitantion of Offenders Act 1974, so Standard or Enhanced disclosures cannot be required as a condition of grant of an operators licence. but a Basic Disclosure, which will provide details of unspent convictions only, could be seen as appropriate, after such a system has been introduced by the Criminal Records Bureau. No from date for introduction has yet been set; however, a feasibility study has been completed; the Criminal Records Bureau is undertaking further work in this regard. Overseas applicants may be required to provide a certificate of good conduct from the relevant embassy if they have not been long in this country. Local licensing authorities may want to require a reference, covering for example the applicant’s financial record, as well as the checks outlined above.
RECORD KEEPING
It is good practice to require operators to keep records of each booking, including the name of the passenger, destination, the name of the driver, the number of the vehicle and any fare quoted at the time of the booking, this is both for private hire vehicles and others.
Section 53 of the Road Safety Act 2006 repealed the exemption from PHV (private hire vehicle) licensing for vehicles which were used on contracts lasting not less than seven days. The chance came into effect in January 2008 as a result of this, local licensing authorities are considering a range of vehicles and services in the content of PHV licensing which they had not previously licensed because of the contract exemption.
The department produced a guidance note in 2007 to assist local licensing authorities, and other stakeholders, in deciding which vehicles should be licensed in the PHV regime and which vehicles fell outside the PHV definition. The note stressed that it was a matter for local licensing authorities to make decisions in the first instance and that; ultimately, the courts were responsible for interpreting the law. However, the guidance was published as a way of assisting people who needed to consider these issues.
PROPOSED CHANGES UNDER ENFORCEMENT
Local licensing authorities often use enforcement staff to check a range of licensed activities as well as the taxi and PHV trades, to make the best use of staff time. But it is desirable to ensure that taxi, and PHV vehicles such as Chrysler 300c limousines, dodge charger limousine, Lincoln limousine, party buses, and other such vehicles enforcement effort is at least partly directed to the late-night period, when problems such as touting tend most often to arise. In formulating polices to deal with taxi and private hire vehicle touts, local licensing authorities might wish to be aware that the sentencing guidelines council have, for the first time, included guidance about taxi and PHV touting in their latest guidelines for magistrates.
Section 52 of the Road Safety Act 2006 amended the Local Government Act 1976 such that local authorities can now suspend or revoke a taxi or PHV driver’s licence with immediate effect on safety grounds. It should be stressed that this power can only be used where safety is the principal reason for suspending or revoking and where the risk justifies such an approach. It is expected that in the majority of cases drivers will continue to work pending appeal and that this power will be used in one off cases.
PROPOSED CHANGES TO FLEXIBLE TRANSPORT SERVICES
Taxibuses, party buses, taxis: owners of licensed taxis and PHV operators can apply to the traffic Commissioner for a ‘restricted public service vehicle operator licence’. The taxi/PHV owner can then use the vehicle to run a Traffic Commissioner and must have at least one stopping place in the area of the local authority that licensed the taxi/PHV, though it can go beyond it. The bus service will be eligible for Bus Service Operators grant and taxibuses can be used for local authority opportunity opened for them, and taxi owners have another business opportunity. The Local Transport Act 2008 contains a provision which will allow the owners of PHVs to acquire a special PSV operator licence and register a route with the traffic commissioner. It is expected that this provision will be commenced in 2009.
TAXI AND PRIVATE HIRE VEHICLE LICENSING: BEST PRACTICE GUIDANCE
The Driver Will:
Whether driving a taxi or private hire vehicle the driver will drive with due care and courtesy towards the passenger and other road users.
Use the meter within the licensed area, unless the passenger has agreed to hire by time.
Ensure the passenger has prebooked the limousine, party bus, coach, or other private hire vehicles and agrees the payment before they set off
Take the most time-efficient route, bearing in mind likely traffic problems and known diversions, and explain any diversion from the most direct route.
The Passenger Will:
Treat the limousine, coach, party bus, taxi with care and respect and abbey any notices
Ensure they have enough money to pay any extra chargers
Be aware that the driver is likely to be restricted by traffic regulations in relation to where s/he can stop the vehicle.
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