Drivers of heavy goods, light goods, public service vehicles and all of those operating in the commercial arena are subject to a large number of regulations and laws relating to how they can operate, the manner in which they operate and the length of time for which they can operate.

keepmedriving are experts in these areas and can advise you and your business on a wide range of issues including:

• General traffic offences
• Tachograph Offences
• Representation before the Courts and the Traffic Commissioners
• Operators’ licences,
• Construction and use offences
• Overloading, and
• Health and safety matters.

Alternatively, if you are a driving instructor or taxi driver and are having licensing or other problems to deal with, keepmedriving can help you to resolve them as expeditiously as possible.

For more information, or to speak to one of our solicitors, please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

The law relating to taxis and private hire cars

As well as being subject to general road traffic laws and other more general motoring requirements, those who operate and drive taxis or private hire vehicles are subject to several other provisions.

If you use a car or small minibus to carry passengers, and this is done for hire or reward, then you are required by law to have either a Hackney Carriage Licence or a Private Hire Licence. As to which will be required depends upon the nature of the business carried out, despite the fact that both are used to transport members of the public to a specific destination upon request, in exchange for payment of a fare.

The difference between taxis and private hire vehicles

Anyone who wants to operate a vehicle for the purposes of standing or plying for hire in a street will need a Hackney Carriage Licence for that vehicle. However, if they are going to restrict themselves to fares booked only by telephone or at a Private Hire office then a Private Hire Licence will suffice. Anyone who waits for passengers or picks them up in the street without a Hackney Carriage licence will be guilty of an offence.

Licensed taxis (to which Hackney Carriage Licences apply) are normally identifiable by illuminated signs on the roof and by other markings. They are allowed to ply for hire on any street and can be hailed by any prospective passenger or can park on approved taxi ranks whilst waiting for passengers. Taxis must be fitted with a taximeter which indicates the fare which the passenger can be charged and it is against the law for the taxi driver to charge more than is displayed on the meter.

Private Hire Cars (often referred to as minicabs), on the other hand are not allowed to ply for hire or stand on a rank. They can only be pre-booked with a private hire operator. The only marking which they are allowed to display is the Council’s licence plate on the rear

Licences

Before they can obtain a licence, all applicants must complete a strict application process which includes testing their knowledge of routes and locations, and carrying out Criminal Records Bureau and DVLA checks.

keepmedriving can assist you either if you have been refused a licence and wish to appeal against that refusal or if you have been prosecuted by the local licensing authority.

Contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, requesting a free, no obligation call-back using the call-back form to the right or by phoning us during office hours on 084 4804 4804

It is the responsibility of both drivers and their employers to ensure that they comply with the drivers’ hours and tachograph rules. The rules to which you will be subject depend upon where you were driving at the time, the type of vehicle you were driving and the type of driving you were doing. Within the UK either domestic or EU rules may apply, but if you are undertaking an international journey then either the EU rules or the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) may apply.

Currently, breach of the drivers’ hours rules can result in a fine of up to £2,500.00, whilst the penalty for failing to install or use a tachograph is a fine not exceeding £5,000.00. This applies to both the driver and to anyone whose orders the driver was following.

Deliberate falsification of tachograph records can result in up to two years imprisonment and/or a fine. Convictions of this nature may also be taken into consideration by Licensing Authorities when making the decision to grant or renew an operator’s licence or HGV driver’s licence.

keepmedriving can help you as either an employer/owner driver or as an employee when facing any such breaches or charges, including representation before the Courts and the Traffic Commissioners. There are a number of defences to breaches of the rules, some of which apply to employers and some to employees, and we can advise you as to these and ensure that if possible these are put forward to the Court or Authority.

For more information, or to speak to one of our solicitors, please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

It is a requirement of The Road Traffic Act 1988 that vehicle users ensure that the vehicles which they drive vehicles are not overloaded. In the event that a vehicle is found to be overloaded then both the driver and operator could be prosecuted or cautioned.

keepmedriving can assist you, whether you are the driver or the owner or hirer of the vehicle that was overloaded and you should waste no time in getting in touch with us so that we can help you to take the appropriate steps. There are a number of defences which can be pleaded – including that at the time when the vehicle was being used on the road it was in fact going to the nearest available weighbridge to be weighed or was returning from a weighbridge after being weighed to the nearest practicable point at which the weight could be reduced.

It is worth bearing in mind that you will be in breach of the law if:

• the load which you are carrying is heavier than your vehicle is designed to hold, or
• the load is uneven causing one or more of the axles to have to bear too much weight.

and that the penalties which can be imposed are far from trivial.

The law imposes fines of up to £5,000 for each offence – and that can be in respect of each overloaded axle plus the total overloading as well. What is more, if your vehicle is dangerously overloaded then, even if you are only the driver, you could still face a charge of Dangerous Driving which could result in prison sentence for up to two years.

You should be aware that it is not just the employer and/or the owner of the vehicle who may be liable. There is every possibility that if an overload is detected the driver will be prosecuted and may end up with 3 penalty points on his or her driver’s licence. It is also worth bearing in mind that the offences under the Road Traffic Act 1988 provide that anyone driving a vehicle which is overloaded commits an absolute offence. This means that an offence is committed even if the driver or owner was not aware of the overloading. Be aware also that refusing to allow your vehicle to be weighed and therefore obstructing an officer will also carry a maximum fine of £5,000.

For more information, or to speak to one of our solicitors, please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free, no obligation call-back using the call-back form to the right or by phoning us during office hours on 084 4804 4804

keepmedriving can also assist you should the overloading have led to the committing of other offences, for example where as a result of the overloading someone has been killed. In these circumstances both the driver and the employer could face charges of manslaughter or death by dangerous driving. You should contact keepmedrivingimmediately if this is the case on 0115 986 3636 so that we can provide you with the appropriate preliminary advice.

Anyone who wishes to carry goods connected with any trade or business and who uses a motor vehicle on a road with either a gross plated weight of more than 3.5 tonnes or, if there is no gross plated weight, an unladen weight of more than 1525 kg will need an operator’s licence.

You are deemed to be using a vehicle if:

• you are the driver and are the owner,
• the vehicle is in your lawful possession under an agreement for hire, hire purchase, or loan or
• the driver is your servant or agent.

You must note in particular that you will need an operator’s licence even if you are only using the vehicle for a short period – even if it is just for the day.

There are a number of exceptions to this requirement, including:

• vehicles first used before 1977 which have an unladen weight not exceeding 1525kg and for which the maximum gross plated weight is between 3500 kg and 3556.21 kg
• motor vehicles & their trailers using public roads for less than 9.654 km (6 miles) a week, whilst moving between private premises,
• vehicles constructed, or adapted, primarily for carrying passengers & their effects while being used for that purpose, and any trailer drawn, and
• tractors, including agricultural tractors, used in certain circumstances.

keepmedriving can offer advice in relation to the various goods vehicle operator licensing regulations and legislation, including applications for licences, variations and disciplinary action. We can also advise you as to the requirements for Applying for a licence and whether you come within any of the exceptions.

In the event that have been charged with not having an operator’s licence or, for example, of using a restricted licence to carry goods for hire or reward, we will be happy to represent you or to make representations to the Traffic Commissioners as to why an existing licence should not be revoked or not renewed. We can also help you by assisting in taking a matter on appeal to the Transport Tribunal

To contact keepmedriving either complete the appropriate online information form which you will find in the Getting Help section, request a free, no obligation call-back using the call-back form to the right or phone us during office hours on 084 4804 4804

Although there are many vehicles which can, under certain circumstances, be driven on an ordinary driving licence (including vans, minibuses and motorhomes) if you plan to drive a large goods vehicle (LGV) or passenger-carrying vehicle (PCV) then you will need to obtain the appropriate entitlement. Section 87 of the Road Traffic Act 1988 makes it an offence for you to drive a motor vehicle on a road otherwise than in accordance with a driving licence for that class of vehicle. If you do not have the appropriate licence then you are liable to a penalty of between 3 – 6 points (unless "special reasons" exist) and a maximum fine of £1000. The court also has the discretion to disqualify you should it see fit.

If you have been charged with driving any class of vehicle for which you do not hold a licence contact keep medriving and we will be able to advise you as to how best to proceed including whether there are grounds for contesting the matter or how best to mitigate it.

To contact keepmedriving either complete the appropriate online information form which you will find in the Getting Help section, request a free, no obligation call-back using the call-back form to the right or phone us during office hours on 084 4804 4804

Health and Safety legislation imposes a duty of care on employers in relation to all employees, including a duty of care for all staff engaged on ‘at work journeys’. Therefore, whether employees are full time, temporary or driving their own vehicles on company business, their safety is the concern of the company.

The Health and Safety at Work Act 1974 requires you to ensure the health and safety of your employees whilst at work in so far as this is reasonably practicable, and for these purposes employees who are driving on company business are regarded as carrying out a work related activity. You will also have a legal responsibility for others and will need to ensure that they are not put at risk.

In addition, the Management of Health and Safety at Work Regulations 1999 require that you undertake an assessment of the health and safety aspects of your work – including in relation to those employees who drive. Failure could result in imprisonment, financial penalties and other penalties.

keepmedriving and Richard Nelson Solicitors can offer specialised assistance in this area, including representation before the Health and Safety and other regulatory bodies. We can also help to ensure that your employees and representatives are able to continue to be active and productive. By providing all of your employees with immediate access to a helpline so that if they experience legal problems whilst they are out and about on firm business, they can quickly and easily contact someone who can provide them with the necessary, keepmedriving can help ensure that any problems which do arise are dealt with as expeditiously as possible.

For further information about these or any other issues please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, requesting a free, no obligation call-back using the call-back form to the right or by phoning us during office hours on 084 4804 4804

Anyone who is a qualified driver and who holds a current full driving licance can supervise and teach another person to drive a car provided that other person holds a valid provisional licence. What they are not allowed to do is to charge money, or money’s worth, for that instruction unless they are registered to do so under Part V of Road Traffic Act 1988. This provides that

“No paid instruction in the driving of a motor car shall be given unless—
(a) the name of the person giving the instruction is in the register of approved instructors established in pursuance of section 23 of the M1 Road Traffic Act 1962 (in this Part of this Act referred to as “the register”), or
(b) the person giving the instruction is the holder of a current licence granted under this Part of this Act authorising him to give such instruction.”

To become a driving instructor you must qualify as an Approved Driving Instructor with the Driving Standards Agency. This ensures that an acceptable standard of tuition is provided to those who are registered as driving instructors.

The effect of this legislation is that an ofence will be committed by anyone who charges (either money or monies worth) for instruction in driving a motorcar. Indeed, the legislation is drafted so widely that it is an offence even if the money is paid by a third party – that is to say someone other than the person receiving the instruction.

In addition to provisions relating to the need for a licence, Part V of the Road Traffic Act 1988 also makes it an offence to give paid instruction, unless:

“there is fixed to and exhibited on that motor car in such manner as may be prescribed by regulations either—
(a) a certificate in such form as may be so prescribed that the name of the person giving the instruction is in the register, or
(b) a current licence granted under this Part of this Act authorising the person giving the instruction to give such instruction.”

If you have been charged with a driving instruction related offence, contact keepmedriving, either by completing the appropriate online information form which you will find in the Getting Help section, or by requesting a free, no-obligation call-back using the call-back form to the right of this section or by phoning us during office hours on 084 4804 4804