THESE CONDITIONS ARE ANCILLARY TO AND DO NOT DEROGATE FROM THE POWERS GRANTED TO THE LICENSING AUTHORITY IN RELATION TO TAXIS AND PRIVATE HIRE CARS AND THEIR DRIVERS UNDER THE TERMS OF THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982 OR ANY AMENDMENT THERETO.
IT IS THE RESPONSIBILITY OF THE LICENCE HOLDER TO ENSURE THAT THEY ARE COMPLIED WITH. FAILURE TO COMPLY MAY LEAD, ON SUMMARY CONVICTION, TO A FINE AND/OR THE SUSPENSION OR LOSS OF THE LICENCE.
- The driver of a taxi, while in charge of the taxi, shall at all times be clean and tidy in appearance and behave in a civil and orderly manner all to the satisfaction of the licensing authority.
- The driver of a taxi shall, at all times while he/ she is in charge of a taxi have with him/her his/her Taxi Driver’s Licence and a copy of these conditions. He/she shall exhibit such licence and conditions, on demand, to any passengers, Police constable or authorised officer of the Licensing Authority and shall have the identity card issued by the Licensing Authority displayed conspicuously at all times when he is in charge of a taxi. If the badge is lost or misplaced then a replacement badge must be obtained from the Licensing Authority immediately. A fee will be incurred in this respect.
- The driver of a taxi and any passengers shall not be permitted to smoke within the vehicle at any time. Non-smoking stickers issued by the Licensing Authority must be clearly displayed within the vehicle and visible to passengers.
- The driver of a taxi shall ensure that the taxi, including all bodywork, upholstery and fittings, is in a safe and serviceable condition and that the interior is clean, well-aired and comfortable for passengers, all to the satisfaction of the Licensing Authority. Subject to prevailing road conditions, the bodywork, glass and chrome shall be kept well cleaned and polished, all to the satisfaction of the Licensing Authority. The driver of a taxi is as equally responsible for the implementation of this condition as the holder of the taxi licence.
- The holder of a Taxi Driver’s Licence shall, if requested to do so by the Licensing Authority, Produce a medical certificate at the time of renewal of the said licence or at any other time as may be requested by the Authority.
- The holder of a Taxi Driver’s Licence shall, within fourteen days of a criminal conviction or offence being recorded against him/her intimate the details of any such conviction or offence in writing to the Licensing Authority.
- Where the holder of a Taxi Driver’s Licence ceases for any reason to be authorised by law to drive on the road, he/she shall forthwith notify the Licensing Authority in writing as to the circumstances and shall return the Taxi Driver’s Licence identity badge and any other drivers identification as may be issued by the Licensing Authority.
- The holder of a Taxi Driver’s Licence who ceases to act as a taxi driver shall forthwith deliver to the licensing authority his/her licence, badge (or other form of identification which may have been issued), which shall therefore cease to have effect.
- The driver of a taxi which is on exclusive hire may not, under any circumstances, pick up or convey another passenger without the consent of the original hirer(s) or passenger(s).
- The driver of a taxi shall not at any time convey in the taxi more than the number of passengers the taxi is licensed to carry.
- The driver of a taxi which has been hired on exclusive hire shall drive to the destination by the shortest practicable route unless otherwise instructed by the hirer. The driver of a taxi which has been hired on shared hire shall take the shortest practicable route which will serve the destination of all the passengers whom he/she is carrying at any one time.
- The driver of a taxi shall, if the cost of the journey is not regulated by the Licensing Authority fare structure, and if the taxi is not being used as a taxi-bus, take steps to ensure that any potential hirer of his taxi is informed prior to acceptance of the hire, (a) that the fare is not so regulated, and (b) the cost, or method of calculating the cost, of the proposed journey.
- The driver of a taxi shall ensure that all passengers travelling in the taxi of comply with the laws in relation to the wearing of seatbelts.
- The driver of a taxi shall not refuse to convey any hirer or passenger to any place unless any hirer or passenger (a) is drunk or otherwise not in a fit and proper state to be carried; (b) whose condition or clothing is offensive or likely to cause damage to the interior of the taxi; (c) who refuses to cease smoking in the taxi when requested to do so by the driver of the taxi; (d) is accompanied by an animal which is likely to damage or soil the interior of the taxi with the exception of a guide dog, hearing dog or assistance dog; or (e) for any other reasonable excuse.
- Where a taxi has been hired (a) by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person; or (b) by a person who wishes such a disabled person to accompany that person in a taxi, the driver of the taxi shall carry the disabled person’s dog and allow it to remain with the disabled person and shall not make any additional charge for doing so. This condition shall not apply where a notice of exemption has been issued to the driver of the taxi and that notice is in force and is exhibited by being affixed in a prominent position on the dashboard of the taxi facing upwards, or on the windscreen of the taxi facing outwards.
- The driver of a taxi shall not refuse to carry luggage in his/her taxi unless the said luggage cannot reasonably be accommodated safely in the taxi.
- The driver of a taxi shall give such assistance as he/she is able to give with loading and unloading luggage when required to do so but he shall not be required to leave the immediate proximity of the taxi in doing so.
- The driver of a taxi shall assist wheelchair users into the taxi using the ramps if necessary and shall ensure that they are properly secured by means of the fixed seatbelts.
- Immediately after the completion of their shift, the driver of a taxi shall search the vehicle of which they are in charge for any property which may have been left behind. Any property found by the driver shall be dealt with in accordance with the lost property policy operated by the licence holder. If no such policy exists then the property should be returned by the driver to the owner of the property, if known, and if not known, such property shall be handed in by the driver to any police station within 24 hours along with:
- A note of the taxi driver’s name and address and licence number; and
- The names and addresses of all hirers of the taxi during that day so far as known to the driver which may assist in determining ownership of the property.
- The driver of a taxi shall not knowingly allow the taxi in his/her charge to be used for illegal or immoral purposes, permit to be carried in the taxi in his/her charge any article of a dirty, filthy or noxious nature or an explosive of dangerous nature, or permit to be carried in the taxi in his/her charge any person who has vermin on his/her person.
- The driver of a taxi shall not use a mobile phone, any other communications device or otherwise conduct themselves in a manner which prevents them from exercising full control over the speed and direction of the taxi, while it is in motion.
- Where there is a material change of circumstances, including change of address or medical condition, affecting the holder of the Taxi Driver’s Licence, the holder of the Taxi Driver’s Licence must notify Stonebank Travel of the change as soon as reasonably practicable after it has taken place.
Notes
In these conditions:
- “exclusive”, as applied to the hire of a taxi, means that a single fare is payable by any one passenger for the whole hire of the taxi, whether or not more than one passenger is carried; and “exclusive hire” shall be construed accordingly;
- “shared”, as applied to the hire of a taxi, means that each passenger is carried at a separate fare, payable to the driver; and “shared hire” shall be construed accordingly.