1. Any reference in these conditions to “the Act” means the Civic Government (Scotland) Act, 1982
Any words used in these conditions should be given the meanings assigned to them in the Act, so far as applicable to Part II and Schedule 1 of the Act. In particular, where, in these conditions, any word is used which is defined in the Act and such definition is applicable in relation to “taxi” or “private hire car” as defined in the Act, the meaning of such word in these conditions shall be interpreted in accordance with the definition in the Act
Subject to the foregoing, the following words or phrases shall have the meanings set out below:
“Constable” means any Constable as defined in the Police (Scotland) Act, 1967 being a member of the police force of the Grampian Region.
“duly authorised officer of the local authority” means a person, including the Taxi Inspector, authorised by the Aberdeen City Council either generally or specifically to act in matters of any specified kind or in any specified matter relative to these conditions and the Act relative to taxis and private hire cars.
“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, and as applied to the hire of a private hire car, means that a single fare is payable by any one passenger, in either case whether or not more than one passenger is carried; and “exclusive hire” shall be construed accordingly.
“licensed area” means the area of The City of Aberdeen.
“licensing authority” means Aberdeen City Council.
“luggage” includes all items which the hirer or passenger wishes to be carried in the vehicle, whether his own personal baggage for the journey, or being carried for business or otherwise, and shall also include animals or pets which reasonably may be accommodated within the vehicle.
“shared”, as applied to the hire of a taxi or a private hire car, means that each passenger is carried at a separate fare, payable to the driver; and “shared hire” shall be construed accordingly.
“Taxi Inspector” means any person authorised by Aberdeen City Council to exercise the powers to carry out the duties of Taxi Inspector in terms of or by reference to these conditions, or any other person acting under the direct instructions or with the authority of the Taxi Inspector to ensure that these conditions, and the terms of Part II of the Act are properly observed and implemented. Where there is a difference of opinion between the Taxi Inspector and any of his deputes or assistants, the decision of the Taxi Inspector shall apply, and the term “Taxi Inspector” shall be interpreted accordingly.
“The Private Hire Car” means the private hire car to which these conditions apply.
2. The number of passengers which the private hire car shall be permitted to carry shall not exceed the number specified in the licence.
3. The holder of this licence shall ensure that the private hire car, including all bodywork, upholstery and fittings is safe, serviceable and in a clean condition and at all times ready and sufficient for hire subject to prevailing road conditions.
4. On receiving the requisite notice in writing from the licensing authority, the holder of this licence shall produce his or her private hire car for examination at such time and place as may be reasonably required by the licensing authority. Thereafter, the private hire car will be required to pass two inspections per annum.
5. The holder of this licence when the private hire car is damaged in a vehicular accident or by any other means, shall report the damage to the Taxi Inspector as soon as practicable and if the private hire car is roadworthy, he shall present it for examination within the following two working days (being days on which the testing facilities operate) after the occurrence. It shall be at the discretion of the Taxi Inspector if he considers the private hire car unroadworthy to issue an instruction that the private hire car shall not be used until the repairs have been completed and the private hire car re-examined.
As soon as the repairs to the private hire car have been completed (which shall be within a period of twentyeight days save in exceptional circumstances), the private hire car shall be re-examined. In the event that the repairs can not be completed within the period specified above, the licence holder shall apply in writing to the licensing authority for an extension thereto.
6. The holder of this licence shall not ask a driver of a private hire car to do anything which would result in the driver contravening any law or committing a breach of the conditions attached to the grant of the driver’s licence.
7. The holder of this licence shall keep an up-to-date list of the names and addresses of all private hire car drivers employed by him and shall produce this list in request to a duly authorised officer of the licensing authority or to a Constable at all reasonable times.
8. The holder of this licence shall be bound to fulfil or cause to be fulfilled at the time and location specified an engagement to hire his private hire car which he has accepted.
9. The holder of this licence shall hold in his own name the requisite vehicle registration document and the certificate of insurance in relation to the private hire car required by Part VI of the Road Traffic Act, 1972; where more than one name appears on the private hire car licence, the vehicle registration document and certificate of insurance shall be in the name of at least one of those names. The holder of this licence shall exhibit to the Taxi Inspector not later than the initial date of cover thereunder, the certificate of insurance in relation to the use of the private hire car as a private hire car on and after that date; and the licence holder shall thereafter cause to be displayed at all times internally on the lower left hand side of the front windscreen in a manner whereby it may conveniently be read from inside the private hire car, a disc issued by the Taxi Inspector certifying exhibition of said certificate. Any change of insurer, or insurance cover, must be intimated forthwith to the licensing authority.
10. The holder of this licence shall ensure that while the private hire car is licensed as a private hire car, that the appropriate front and rear licence plates issued by the licensing authority are secured at all times in positions approved by the licensing authority.
11. The holder of this licence shall not obliterate or deface any plate or other thing which has been issued by the licensing authority for the purpose of indicating that the vehicle is a private hire car and which is fixed to the private hire car. If any plate or other thing becomes obliterated or defaced so as not to be distinctly visible or legible or if any plate or other thing is lost, the holder of this licence shall report this to the Taxi Inspector as soon as practicable in order to obtain from the licensing authority a replacement plate or other thing.
12. The holder of this licence shall if his private hire car is fitted with a taximeter, obtain from the licensing authority a notice or notices detailing the approved maximum fares and charges appropriate for exclusive and shared use of a private hire car and shall display the notice or notices as appropriate in the passenger compartment of the private hire car in such a position that it will be readily visible to the passengers being carried which notice or notices shall incorporate a provision to the effect that the private hire car may be operated on shared hire only with the consent of the first hirer or passenger; and no other notice or notices of fares and charges shall be displayed.
13. The holder of this licence shall unless the cost of the journey is regulated by a licensing authority fare structure, take steps to ensure that any potential hirer of his private hire car is informed prior to acceptance of the hire (a) that the fare is not so regulated; and (b) of the cost, or the method of calculating the cost of the proposed journey.
14. Where the holder of this Licence accepts payment by credit or debit card they may add a surcharge, at a rate no higher than the fees directly charged to the licence holder for using that credit or debit card to take payment. The potential hirer of the taxi must be informed by the driver of the taxi of the cost of the surcharge, prior to the acceptance of the hire. The holder of the licence must also display an appropriate notice, detailing the cost(s) of any surcharge(s), alongside the notice or notices detailing the approved maximum taxi fares and charges (Condition 13), in the passenger compartment of the taxi in such a position that it will be readily visible to passengers being carried.
15. The holder of this licence shall if his private hire car is suitably equipped for shared hire, take steps to ensure that each potential hirer of his private hire car consents, at the time of the arrangement of the hire, to an exclusive hire or a shared hire as the case may be.
16. The holder of this licence shall not display on his private hire car any advertisement, or any signs for the purpose of advertising its services as a private hire car other than those approved by the licensing authority. Without prejudice to the foregoing generality, the holder of this licence shall not display on his private hire car any roof, windscreen or other sign other than the approved licence plates at the front and rear.
17. The holder of this licence shall not, if his private hire car is fitted with a taximeter, use or cause or permit to be used on the private hire car a road wheel or tyre of a different circumference from that for which the taximeter affixed to the private hire car has been designed, geared, tested and approved by the licensing authority.
1) Space saver wheels shall be used by drivers at all times in accordance with relevant manufacturer’s guidelines and instructions.
2) A driver shall not at any time allow his or her vehicle to operate as a private hire car by him or her or by any other person whilst a space saver wheel is fitted and in use in his or her vehicle.
3) Operating as a private hire car shall include but not necessarily be limited to the following: The carrying of a fee paying passenger(s) in the vehicle whether that vehicle is in motion or not.
4) If a passenger(s) is seated in a private hire car and the driver of that car requires to fit and/or use a space saver wheel, that driver shall cease that journey immediately.
5) Upon the cessation of a journey in accordance with paragraph 4 above, a driver shall take all reasonable steps to ensure the safe passage of his or her passenger(s), to their original, agreed destination. Said reasonable steps shall include the arrangement, as soon as possible from the time the journey has ceased, for another private hire car to drive the passenger(s) to their original, agreed destination
18. The holder of this licence shall if his private hire car is fitted with a taximeter, have affixed to and use on the private hire car only a taximeter which has been approved by the licensing authority as appropriate to the type of hire (whether exclusive or shared) for which the private hire car is available or on which it is engaged, which taximeter shall have been tested and approved by the licensing authority. The holder of a private hire car licence which is not fitted with a taximeter shall not engage in shared hire.
19. The holder of a private hire car shall if his private hire car is fitted with a taximeter, only use a taximeter which has been stamped or sealed by the licensing authority after testing and approval as to distance and time in accordance with the approved taxi fares and charges. Once a taximeter is fitted to the private hire car, he shall not tamper with the taximeter or break or tamper with any seal or stamp on such taximeter or any attachment affixed thereto by the manufacturer or licensing authority except to remove the taximeter for repair or replacement, in which event the holder of this licence shall forthwith notify the Taxi Inspector in writing. Should the seal be broken or the taximeter repaired or replaced, the taximeter shall be re-tested and passed by or on behalf of the licensing authority before being used again.
20. The holder of this licence shall if his private hire car is fitted with a taximeter, ensure that the taximeter is fitted to his private hire car in a position approved by the licensing authority.
21. The holder of this licence shall not if his private hire car is fitted with a taximeter, knowingly use or cause or permit to be used the private hire car during any period that the seals affixed to the taximeter and, where so affixed, to the vehicle, are broken or detached.
22. The holder of this licence shall not if his private hire car is fitted with a taximeter, knowingly use or cause or permit to be used a taximeter which is in any way defective.
23. The holder of this licence shall if his private hire car is fitted with a taximeter, within two working days inform the licensing authority of the removal of the taximeter from his private hire car. He shall not refit a taximeter on a second or subsequent occasion without prior permission from the licensing authority except when the private hire car is due to be tested by the licensing authority.
24. The holder of this licence must carry in suitable fasteners in his private hire car a fire extinguisher and a firstaid kit of types and in positions approved by the licensing authority.
25. When the private hire car is withdrawn from service by the Taxi Inspector or a Constable in accordance with Section 11 of the Civic Government Act, 1982, he shall affix a label bearing (a) the words “this hire car is meantime certified unfit for public use” and (b) the date of withdrawal in a position within the passenger compartment of the private hire car so that it is readily visible to intending passengers. Such a label shall have the effect of suspending the private hire car licence pertaining to the vehicle so labelled and only the Taxi Inspector is authorised to remove such label.
26. The holder of this licence shall not obstruct a duly authorised officer of the licensing authority or a Constable in the performance of any of his duties under these conditions.
27. The holder of this licence shall comply with all instructions or directions of a duly authorised officer of the licensing authority or a Constable in relation to these conditions and shall give him all information he may reasonably require in the discharge of his duties.
28. The holder of this licence shall display within the passenger compartment of the private hire car a sign to the effect that the law requires that passengers use rear seat belts where fitted.
29. The holder of this licence shall not install or use on the private hire car or cause or permit to be used on or in the private hire car any radio scanner device.
30. The licence holder may be permitted to install a Closed-Circuit Television (CCTV) system within their taxi/PHC for the purpose of external accident event recording and/or internal recording. Such CCTV shall only record visual images and not audio, unless an incident occurs within the vehicle when a ‘panic button’ may be pressed to record audio internally. Audio must not be recorded outside the vehicle at any time.
The licence holder must meet the following requirements prior to installation of CCTV in their vehicle: a) notify the licensing authority in writing of the type of recording to be carried out (e.g. specify external and/or internal and if the internal recording includes a panic button function for audio recording); b) notify the licensing authority in writing of the technical specification of the system; c) notify the licensing authority in writing of the person/company who is acting as the data controller; d) provide the licensing authority with a copy of the licence holder’s data protection policy in respect of the processing and control of data recordings; and e) provide the licensing authority with a copy of the registration of the CCTV system with the Information Commissioner. If any of the documents or details changes the licence holder must notify the licensing authority forthwith in writing and provide a copy of the updated document(s).
Once the CCTV system is installed, but prior to its operation, an authorised officer of the licensing authority shall carry out an inspection for the purpose of determining whether or not it complies with this condition and its associated policy requirements. The licence holder is liable for the maintenance and repair of the CCTV system and upon request by an authorised officer must provide the documentation in relation to its installation and maintenance.
The licence holder is responsible for their CCTV system and any legal requirements pertaining to the operation thereof, including but not limited to legal requirements under the Data Protection Act 1998.
The licence holder shall ensure proper use of the CCTV system, which should be operated only as per the above notification(s) to the licensing authority and within the terms of their data protection registration with the Information Commissioner.