Hackney Carriage and Private Hire Drivers. Guidelines to Convictions, Police Cautions and Motoring Offences

Transcription

1 Hackney Carriage and Private Hire Drivers APPENDIX 5 Guidelines to Convictions, Police Cautions and Motoring Offences Purpose of this Guidance - New Licences Licences may only be granted where the Council is satisfied that the applicant is a fit and proper person to hold such a licence. This guidance will be used by the Council to decide whether an applicant s convictions indicate that they are not a fit and proper person to hold a Hackney Carriage or Private Hire Licence. - Existing Licences This guidance will be used to determine whether a conviction means that an existing licence holder is no longer a fit and proper person to hold the licence. The guidance will also be taken into account by the Council when dealing with applications for the renewal of existing driver s licences and when considering whether to revoke an existing driver s licence. - Scope of Guidance The guidelines do not deal with every type of offence, and do not prevent the Council from taking into account offences not specifically addressed in the guidelines, or other conduct, which may be relevant to an individual s application for a new licence, or their continuing to hold a licence. Declaration of Convictions and CRB Disclosure When submitting an application for a licence to drive a hackney carriage or private hire vehicle, applicants are required to declare all convictions they may have. (This is the Statutory Declaration, part B of the application form). Applicants are also required to declare all formal cautions and all endorsable fixed penalties they have received and to provide details of all criminal matters of which they are currently the subject of investigation or prosecution.

2 Applicants must have an enhanced Criminal Records Bureau (CRB) disclosure, which must be no more than 6 months old when a licence is granted. Applicants must also sign a mandate to allow the Council to check the details of their driving licence with the DVLA. Licence holders must inform the Council of any convictions including motoring offences occurring after the licence is granted. (See Hackney Carriage and Private Hire Conditions and Procedures). Convictions which may be considered spent under the Rehabilitation of Offenders Act 1974 must be declared, as the Act does not apply to Hackney Carriage and Private Hire Drivers. Independent Safeguarding Authority If you are barred by the Independent Safeguarding Authority from working with children and vulnerable adults, then your application will be refused. Right of Appeal If a licence is refused the applicant has a right of appeal to the Magistrates Court within 21 days of the notice of refusal. Points System The tables below give a fixed number of points for particular offences based on the type of offence(s), date(s) of conviction, and sentence(s) imposed. Points are added together and the total is used to inform the decision. These points are described as CCP s Criminal Conviction Points DLP s Driving Licence Points This system allows the Council and the applicant to be clear about whether particular offences mean that someone is not a fit and proper person to hold a licence. The safety of the public will be given the highest priority. An applicant with 10 or more CCP s will not be granted a licence. Some offences on their own are serious enough for a licence not to be granted, in the tables these are marked refused, and are equivalent to at least 10 CCP s. In the case of an existing licence, refused in the table means that a licence would be revoked. 2

3 An applicant who is currently being investigated or prosecuted for an offence will be dealt with on the basis that the person could be convicted of the offence and will be given the points for that offence. Points are doubled if a term of imprisonment is served. Interpreting the guidance 1. What is a conviction? A conviction is when someone has been found guilty or pleaded guilty to an offence. So, for example, if someone steals some goods on 3 March 1998, is charged by the police and pleads guilty at Court on 6 August 1998, he will have one conviction of theft recorded against him. The date of conviction would be 6 August 1998 and the offence date would be 3 March What is a Police Caution? A caution may be used by the Police to deal with someone who has committed a less serious crime, as an alternative to going to court. When the Council is making a decision about whether a person is fit and proper; a caution will be treated in the same way as a conviction 3. What if someone is convicted of several similar offences on the same date - which one(s) will be taken into account? If someone is convicted of several matters on the same day, within the same category, for example, three dishonest matters, two being shoplifting and one being burglary, then the most serious of the three - the burglary offence - will be taken into account. The most serious will be defined as the offence which would receive the most points. 4. What if someone is convicted of different types of offences on the same day? If the offences are distinct from each other and do not obviously arise out of the same set of circumstances, they will be treated as separate convictions for the purpose of the points system. 5. What if someone is charged with an offence but is not successfully prosecuted? 3

4 The Council may decide not to grant a licence after considering the nature of the charge. 6. What is a motoring offence? A motoring offence is an offence which may result in penalty points being added to a Driving Licence, and / or disqualification from driving, or a Police Caution or criminal conviction. 4

5 Convictions Points Tables Time since conviction received (if term of imprisonment served points are doubled) Type of Offence 1 years 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years 10 years DISHONESTY Theft Refused Refused Refused Theft - Shoplifting Refused Refused Refused Theft - Employee Refused Refused Refused Theft - From Vehicle Refused Refused Refused Burglary & Theft - Dwelling Refused Refused Refused Refused Burglary & Theft - Non-dwelling Refused Refused Refused Burglary - Aggravated Refused Refused Refused Refused Refused Refused Fraudulent Use Refused Refused Refused Handling Refused Refused Refused Receiving Refused Refused Refused Forgery Refused Refused Refused Conspiracy to defraud Refused Refused Refused Obtain money by deception Refused Refused Refused Obtain money by forged instrument Refused Refused Refused Deception Refused Refused Refused False Accounting Refused Refused Refused False statement to obtain benefit Refused Refused Refused Going equipped Refused Refused Refused Taking / Driving or Attempt to Steal 0 Vehicle Refused Refused Refused Allow to be carried in a stolen vehicle Refused Refused Refused Perverting the course of justice Refused Refused Refused Refused

6 Time since conviction received - points are doubled if term of imprisonment served Type of Offence 1 Year 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years Violence Common Assault Refused Refused Refused Assault - Section 47 Refused Refused Refused Battery Refused Refused Refused Grievous Bodily Harm - Section 20 Refused Refused Refused Refused Refused Refused Grievous Bodily Harm - Section 18 Refused Refused Refused Refused Refused Refused Refused Refused 8 Assault Police Refused Refused Refused Refused Affray Refused Refused Refused Riot Refused Refused Refused Refused Murder Refused Refused Refused Refused Refused Refused Refused Refused Refused Manslaughter Refused Refused Refused Refused Refused Refused Refused Refused Refused Manslaughter or Culpable Homicide while Driving Refused Refused Refused Refused Refused Refused Refused Refused Refused Using Threatening, Abusive Words or Behaviour Breach of the Peace Drunk and Disorderly Common Assault - Aggravated Refused Refused Refused Obstruction Refused Refused Refused Robbery Refused Refused Refused Refused Refused Refused Refused Refused 8 Possess Offensive Weapon Refused Refused Refused Possess Firearm Refused Refused Refused Possess Firearm with intent Refused Refused Refused Refused Refused Criminal Damage Refused Refused Refused Violent Disorder Refused Refused Refused Resist Arrest Refused Refused Refused Arson Refused Refused Refused Refused Refused Refused Refused Refused Refused 6

7 Type of Offence DRUGS 1 year 2 years 3 years 4 years 5 years 6 years 7 years 8 years Possessing controlled drug Refused Refused Refused Refused Possessing controlled drug with intent to supply Refused Refused Refused Refused Refused Refused 8 6 Producing controlled drug Refused Refused Refused Refused Import drugs Refused Refused Refused Refused Refused Refused 8 6 Time since conviction - points are doubled if a term of imprisonment is served Type of Offence 1 year 2 years 3 years 4 years 5 years 6 years 7 years 8 years 9 years INDECENCY 10 years Indecent Exposure Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Indecent Exposure to the Annoyance of Residents Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Indecent Exposure with the intent to insult a female Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Unlawful Sexual Intercourse Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Importuning / kerb crawling/ soliciting Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Gross Indecency with a female Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Gross Indecency with a male Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Indecent Assault on a Female Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Indecent Assault on a Child Under 16 years Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Living off immoral earnings Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Prostitution Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Possessing or distributing obscene material Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Buggery Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Rape Refused Refused Refused Refused Refused Refused Refused Refused Refused Refused Indecent or Nuisance Telephone Calls Refused Refused Refused Refused Refused Refused Refused Refused Refused 5 7

8 Motoring Offences As with convictions for other offences, the Council shall decide whether a motoring offence(s) indicates that someone is not a fit and proper person to be granted a licence, or to continue to hold a licence. These guidelines will be used to inform that decision. Both the total number of points currently on a licence, and the nature of the offence(s) involved will be taken into consideration. Penalty points remain on a driving licence for a fixed period determined by the DVLA, depending on the type of offence. While the points remain on the licence they are considered current. When a person is disqualified from driving, a licence will be refused / revoked; the length of time a refusal / revocation will be enforced will be determined by the length of the disqualification and the nature of the offence(s) contributing to the disqualification. With respect to applicants who have no current penalty points but have a history of repeat offending, consideration will be given to refusal / revocation. 8

9 Minor Traffic Offences For the purposes of this guidance, motoring offences defined as minor are those listed in the table below. Code CU10 CU20 CU30 CU40 CU50 CU80 MS10 MS20 MS30 MS70 MW10 PC10 PC20 PC30 SP20* SP30* SP40* SP50* TS10 TS20 TS30 TS40 TS50 TS60 TS70 MINOR OFFENCES Offence Using a vehicle with defective brakes Causing or likely to cause danger by reason of use of unsuitable vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition Using a vehicle with defective tyre(s) Using a vehicle with defective steering Causing or likely to cause danger by reason of load or passengers Using a mobile phone while driving a motor vehicle Leaving a vehicle in a dangerous position Unlawful pillion riding Play street offences Driving with uncorrected defective eyesight Contravention of special roads regulations (excluding speed limits) Undefined contravention of pedestrian crossing regulations Contravention of pedestrian crossing regulations with moving vehicle Contravention of pedestrian crossing regulations with stationary vehicle Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles) Exceeding statutory speed limit on a public road. Exceeding passenger vehicle speed limit Exceeding speed limit on a motorway Failing to comply with traffic light signals Failing to comply with double white lines Failing to comply with a Stop sign Failing to comply with direction of a constable / warden Failing to comply with traffic sign (excluding stop signs, traffic lights or double white lines) Failing to comply with a school crossing patrol sign Undefined failure to comply with a traffic direction sign * These offences will be considered serious if they incur 6 or more penalty points. Related offences of aiding, abetting, counseling or procuring (ending in 2 ), causing or permitting (ending in 4 ) and inciting (ending in 6 ) shall be treated as being in the same category. 9

10 Serious Traffic Offences For the purposes of this guidance offences listed in the table below shall be considered serious motoring offences. Code AC10 AC20 AC30 BA10 BA30 CD10 CD20 CD30 CD40 CD50 CD60 CD70 CD80 CD90 DD40 DD60 DD80 DD90 DR10 DR20 DR30 DR40 DR50 DR60 DR70 DR80 DR90 IN10 LC20 LC30 LC40 LC50 MS50 MS80 MS90 UT50 TT99** SERIOUS OFFENCES Offence Failing to stop after an accident Failing to give particulars or to report an accident within 24 hours Undefined accident offences Driving while disqualified by order of court Attempting to drive while disqualified by order or court Driving without due care and attention Driving without reasonable consideration for other road users Driving without due care and attention or without reasonable consideration for other road users Causing death through careless driving when unfit through drink Causing death by careless driving when unfit through drugs Causing death by careless driving with alcohol level above the limit Causing death by careless driving then failing to supply a specimen for analysis Causing death by careless, or inconsiderate driving Causing death by driving: unlicensed, disqualified or uninsured drivers. Dangerous driving Manslaughter or culpable homicide while driving a vehicle Causing death by dangerous driving Furious driving Driving or attempting to drive with alcohol level above the limit Driving or attempting to drive while unfit through drink Driving or attempting to drive then failing to supply a specimen for analysis In charge of a vehicle while alcohol level above limit In charge of a vehicle while unfit through drink Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive Failing to provide a specimen for breath test Driving or attempting to drive when unfit through drugs In charge of a vehicle when unfit through drugs Using a vehicle uninsured against third party risks Driving otherwise than in accordance with a licence Driving after making a false declaration about fitness when applying for a licence Driving having failed to notify a disability Driving after a licence has been revoked or refused on medical grounds Motor racing on the highway Refusing to submit to an eyesight test Failure to give information to identify a driver etc Aggravated taking of a vehicle Disqualification under totting-up procedure. If the total of penalty points reached 12 or more within three years, the driver is liable to be disqualified. 10

11 ** TT99 See Disqualification, below. Related offences of aiding, abetting, counselling or procuring (ending in 2 ), causing or permitting (ending in 4 ) and inciting (ending in 6 ) shall be treated as being in the same category. NB Where it is the case that an Operator has been disqualified from driving, the Council considers it affects the suitability to hold an Operators Licence. Therefore consideration will be given to suspension of licence for a one month period. Penalty Points Where an applicant / licence holder has penalty points on their driving licence the total number of points will be considered: Points and Nature of Offence(s) Under 6 points (no serious offences) Under 6 points (including one or more serious offences) Action will not prevent someone from being considered a fit and proper person for a licence. will be considered by Officer Review 6 9 points (no serious offences) will be considered by Officer Review. A warning letter will be given. 6 9 points (including one or more serious offence) will be considered by Officer Review. If a licence is granted / not revoked, a Driving Standards Agency (DSA) test will be required. Consideration will be given to a 6 months licence points will be considered by Officer Review. If a licence is granted / not revoked, a Driving Standards Agency (DSA) test will be required. Consideration will be given to a 3 months licence. 12 points or more licence will not be granted / will be revoked. Disqualification A person cannot act as a Hackney Carriage or Private Hire Driver while they are disqualified from driving, therefore a licence will be refused / revoked. After a disqualification from driving, anyone who previously held a Hackney Carriage or Private Hire Licence would be required to apply for a new licence and complete the full driver training programme before being granted another licence. -Disqualification for a Minor Motoring Offence 11

12 A licence shall not be granted until a period of time from the restoration of the DVLA driving licence, free from conviction, has elapsed, which is equal to the period of the disqualification. For example; someone is disqualified from driving for 3 months and is then allowed to drive again from the1 st July; in this case a licence will not be granted until after the 31 st October, and during this time they must not receive any further convictions, cautions or penalty points. This includes att99 Totting-up disqualification which results from penalty points for minor offences only. - Disqualification for a Serious Motoring Offence A licence shall not be granted unless a period of 3 years free from conviction has elapsed from the restoration of the DVLA licence, and 5 years where the disqualification related to driving while unfit through drink or drugs. For example, someone is disqualified from driving for a serious offence not involving drugs or alcohol and their licence was restored on 1st April 2007, in this case a licence will not be granted until after 31st March 2010, and during this time they must not receive any further convictions, cautions or penalty points. This includes TT99 Totting-up disqualification which includes penalty points for a serious offence. TT99 - Totting up Without Disqualification Where a driver who has accrued sufficient points for disqualification, but does not receive a disqualification from driving, the Council will treat this as a disqualification for the most serious of the offences involved. 12