Flintshire Taxi & Private Hire Licensing Guide

Navigating the world of taxis and private hire vehicles in Flintshire, whether as a passenger or a prospective professional, can sometimes feel like a labyrinth. However, understanding the stringent licensing requirements set forth by Flintshire County Council is paramount for ensuring public safety, maintaining high service standards, and guaranteeing that every journey is undertaken with complete peace of mind. This comprehensive guide aims to demystify the regulations, highlighting what it takes for vehicles, drivers, and operators to meet the necessary criteria.

For anyone considering a career as a taxi driver or starting a private hire business, or indeed for passengers who simply wish to understand the assurances behind their ride, knowing these details is crucial. Flintshire County Council is committed to upholding rigorous standards, ensuring that all licensed services are reliable, accessible, and safe for everyone in the community.

Understanding the Essentials: Hackney Carriage vs. Private Hire

Before delving into the specific licensing details, it is vital to distinguish between two primary categories of licensed vehicles that serve the public: Hackney Carriages (often simply called taxis) and Private Hire Vehicles (commonly known as minicabs).

• Hackney Carriages: These are the traditional taxis you can hail directly from the street, find at designated taxi ranks, or pre-book. They are recognisable by their distinctive appearance and are equipped to ply for hire immediately.
• Private Hire Vehicles: In contrast, private hire vehicles cannot be hailed from the street or wait at taxi ranks. They must always be pre-booked through a licensed private hire operator. Operating independently from an operator is strictly prohibited for these vehicles.

The distinction isn't just a matter of convenience; it’s enshrined in licensing law and dictates how these services operate within Flintshire. Here's a quick comparison:

The Licensing Framework in Flintshire

Flintshire County Council plays a central role in regulating both Hackney Carriage and Private Hire services. Their policies are designed to ensure that all vehicles and individuals involved are fit for purpose, promoting both passenger safety and service quality across the county. Notably, Flintshire has been designated a 'First Phase' Authority under the Disability Discrimination Act 1995, underscoring its commitment to accessibility.

Licensing Your Vehicle: Rigorous Standards

Whether you're licensing a Hackney Carriage or a Private Hire vehicle, the process involves strict checks and compliance with specific vehicle standards. The emphasis is always on safety, suitability, and public convenience.

Hackney Carriage Vehicle Requirements

Flintshire's policy for Hackney Carriages is particularly focused on accessibility. All new Hackney Carriage vehicles licensed by the council must comply with taxi accessibility regulations, meaning they must be accessible for disabled individuals, including those using wheelchairs. This typically means the vehicle must be:

• Purpose-built or a specialist conversion: With appropriate type approval to ensure safety and functionality.
• Distinguishable: Clearly identifiable from Private Hire Vehicles. They must be fitted with specific 'Taxi/For Hire' roof signs, an internal partition between driver and passenger compartments, and a fare meter.
• Disabled access: Full, genuine wheelchair access is a mandatory requirement for new licences.

Beyond initial setup, all Hackney Carriage vehicles must undergo a rigorous MOT and Council suitability test every six months. These tests must be conducted at one of the nominated MOT test centres within Flintshire, ensuring continuous compliance with safety and operational standards.

Designated Hackney Carriage Stands, operating 24 hours a day, are located in key areas such as Connah’s Quay (High Street, Wepre Shopping Precinct, Pen-y-Llan Street) and Mold (Northerly Side of A494 Chester Street), providing regulated pick-up points.

Private Hire Vehicle Requirements

Private Hire vehicles, while different in operation, also face stringent licensing requirements to ensure their safety and suitability:

• Pre-booking only: As noted, these vehicles cannot ply for hire or stand at a hackney rank; all journeys must be pre-booked through a licensed operator.
• Regular Inspections: Like Hackney Carriages, Private Hire vehicles must undergo and pass a full MOT and Council inspection every six months. These tests are conducted at approved garages within Flintshire. It's crucial to book directly with the chosen garage and pay the fee at the time of the test. Re-tests must be done by the same garage within seven days; otherwise, a full new test and fee are required.
• Required Documentation: When attending County Hall to licence the vehicle, applicants must present:
  • The vehicle registration document (V5C).
  • A current certificate or cover note of insurance specifically for private hire use, clearly showing the vehicle's registration number.
  • The licence fee.
  • A fully completed private hire vehicle licence application form.
• Display Requirements: Once licensed, the vehicle is issued with a rear licence plate that must be securely affixed to the rearmost part of the vehicle – displaying it in the rear window is not acceptable. An internal licence showing the expiry date must also be present. Furthermore, the name and telephone number of the private hire operator must be prominently displayed on the two front doors. The council even provides specific plate brackets to assist proprietors in compliance.
• Vehicles Seating More Than 4 Passengers: For vehicles seating between 5 and 8 passengers, additional conditions apply. Each passenger must have direct access to and egress from the vehicle without needing to climb over other seats or luggage. Any seat must measure at least 400mm at its narrowest point, ensuring comfort and safety.

The emphasis on rigorous inspections and clear display requirements for both vehicle types underscores Flintshire's commitment to public safety and transparent operation.

Licensing Your Driving Career: The Driver's Badge

Becoming a licensed taxi or private hire driver in Flintshire involves obtaining a dual licence, which permits the holder to drive both Private Hire and Hackney Carriage vehicles licensed by Flintshire County Council. This licence is only granted once the Authority is fully satisfied that the applicant is a 'fit and proper person' to hold such a licence.

To determine this, a series of thorough checks are completed:

• Enhanced Disclosure Check (DBS): A comprehensive check with the Criminal Records Bureau is mandatory to assess an applicant's criminal history.
• DVLA Fee Paying Enquiry: A check on the applicant's driving licence record.
• Medical Examination: Applicants must undergo a medical examination to Group II standard, typically completed by their own doctor, to ensure they meet the necessary health requirements for professional driving.
• Reference Checks: Two names must be provided for the Council to contact as references.

A crucial aspect of the application process is the declaration of any convictions or cautions, including those considered 'spent' under the Rehabilitation of Offenders Act 1974. Flintshire County Council, when determining licences, also takes into account the Department for Transport Statutory Standards, ensuring a consistent and robust assessment process. Licensed drivers are issued with a badge displaying their picture, licence number, and expiry date. This badge must be worn at all times when working, and drivers must operate through a licensed private hire operator.

The Operator's Crucial Role: Private Hire Operator Licence

Behind every pre-booked private hire journey is a licensed private hire operator. This individual or entity is responsible for taking the booking and dispatching the appropriate vehicle and driver to fulfil that booking. Legislation and licence conditions place significant duties on these operators, primarily to ensure that all vehicles and drivers they utilise are properly licensed and compliant.

Before being licensed as a private hire operator, applicants are required to undergo specific checks. Furthermore, they must have obtained the relevant planning permission for the premises from which bookings will be taken. This ensures that the operational base meets all local planning regulations.

To assist the public, Flintshire County Council maintains a list of all licensed private hire operators, enabling passengers to verify the legitimacy of their chosen service.

Ensuring Inclusivity: Designated Wheelchair Accessible Vehicles

Flintshire County Council has leveraged the powers granted by Sections 165 and 167 of the Equality Act 2010 to create and maintain a list of 'designated wheelchair accessible vehicles'. This initiative significantly enhances accessibility for passengers with mobility impairments.

For a vehicle to be classified as wheelchair accessible on this list, it must be capable of carrying some, though not necessarily all types, of occupied wheelchairs. Specifically, it must be possible for the user of a 'reference wheelchair' to enter and exit the vehicle, and travel safely and comfortably in the passenger compartment while seated in their wheelchair.

Drivers of these designated vehicles are legally obligated to:

• Carry the passenger while in their wheelchair.
• Not make any additional charge for doing so.
• Carry the wheelchair if the passenger chooses to sit in a standard passenger seat.
• Take all necessary steps to ensure the passenger is carried in safety and reasonable comfort.
• Provide such mobility assistance as is reasonably required.

Failure to comply with any of these duties while operating a designated vehicle for hire and reward constitutes an offence. The list of these vehicles is regularly updated on a monthly basis, reflecting Flintshire's ongoing commitment to inclusive transport.

Understanding the Cost: Hackney Carriage Fares

For Hackney Carriages, fares are regulated by Flintshire County Council under Section 65 of the Local Government (Miscellaneous Provisions) Act 1976. A clear table of fares dictates the maximum charges that can be applied, ensuring transparency for passengers. Here's a breakdown of the standard fare structure:

Hackney Carriage – Table of Fares

These regulated fares provide a clear framework for both drivers and passengers, preventing disputes and ensuring fair pricing.

Application and Redress Processes

The application process for any of these licences involves submitting detailed forms, providing necessary documentation, and undergoing various checks. While the specific application forms can be found on the Flintshire County Council website, the general procedure is thorough to ensure compliance.

Failed Application Redress

Should an application for a licence be refused, the applicant has the right to appeal. Appeals must be made to a Magistrates' court within 21 days of receiving notice of the decision. It is always advisable to contact the Local Authority in the first instance to understand the reasons for refusal and explore any immediate remedies.

Licence Holder Redress

Existing licence holders also have avenues for redress. If conditions are attached to a licence that are deemed unfair, or if an application to vary or transfer a licence is rejected, an appeal can be made to a Magistrates' court within 21 days of receiving the decision notice. Furthermore, if the chief police officer applies for a licence review leading to interim steps by the licensing authority, the licence holder can make representations, with a hearing required within 48 hours.

Consumer Complaint

Interested parties or responsible authorities can apply to the licensing authority to review a premises licence (this typically refers to alcohol/entertainment, but the principle applies to taxi licences if concerns arise). A hearing will be held by the licensing authority, and appeals against their decision can be made to a Magistrates' court within 21 days.

Other Redress Mechanisms

The chief police officer for the area has significant powers to request a review of a licence, particularly if premises (or in this context, operations) are associated with serious crime or disorder. They can also make representations against the transfer of a licence if it could undermine crime prevention objectives. Similarly, any interested party or responsible body can make representations regarding a licence application or request a review of an existing licence, ensuring ongoing oversight and accountability.

Contacting Flintshire's Licensing Section

For more detailed information, specific application forms, or personalised advice regarding private hire and Hackney Carriage licensing in Flintshire, the Licensing Section is the primary point of contact:

Licensing Section, Public Protection, Flintshire County Council, Tŷ Dewi Sant, St. Davids Park, Ewloe, CH5 3FF
Telephone: 01352 703030
Email: [email protected]

Frequently Asked Questions (FAQs)

What's the difference between a Hackney Carriage and a Private Hire vehicle in Flintshire?

A Hackney Carriage (taxi) can be hailed from the street or a taxi rank, or pre-booked. It has a roof sign and a meter. A Private Hire vehicle (minicab) cannot be hailed; it must always be pre-booked through a licensed operator and will display the operator's name/number on its doors, along with a rear licence plate.

How often do taxi vehicles need inspections in Flintshire?

Both Hackney Carriage and Private Hire vehicles in Flintshire must undergo a full MOT and a Council suitability/inspection test every six months to ensure they meet ongoing safety and operational standards.

Can I drive both a taxi and a private hire vehicle with one licence?

Yes, Flintshire County Council issues a dual licence that permits the holder to drive both Hackney Carriage and Private Hire vehicles, provided they meet all the 'fit and proper person' criteria.

Are all taxis in Flintshire wheelchair accessible?

All *new* Hackney Carriage vehicles licensed by Flintshire County Council are required to be wheelchair accessible. The council also maintains a list of 'designated wheelchair accessible vehicles' which includes both Hackney Carriages and Private Hire vehicles that meet specific accessibility standards, and their drivers have legal duties to assist passengers with wheelchairs.

What should I do if I have a complaint about a licensed vehicle or driver?

If you have a complaint, you should first contact Flintshire County Council's Licensing Section. As an interested party, you can also apply to the licensing authority to review the licence of the premises (or operation) in question. Appeals against decisions can be made to a Magistrates' court.

Are 'spent' convictions declared when applying for a driver's licence?

Yes, when applying for a Hackney Carriage or Private Hire Vehicle driver's licence in Flintshire, you are required to declare any convictions or cautions, including those that are regarded as 'spent' under the Rehabilitation of Offenders Act 1974.

Conclusion

Flintshire County Council's robust licensing framework for taxis and private hire vehicles is a testament to its commitment to public safety and service quality. By ensuring that vehicles are roadworthy, drivers are fit and proper, and operators adhere to strict protocols, the council provides a reliable and secure transport network for residents and visitors alike. Understanding these regulations not only empowers those seeking to enter the industry but also assures passengers that their journeys in Flintshire are in safe and professional hands. Always opt for a licensed vehicle and driver to ensure peace of mind.

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