Plying for hire explained for private hire drivers

Section 45 of the Town Police Clauses Act 1847 makes it an offence to ply for hire with a carriage that is not licensed as a hackney carriage. A private hire vehicle is not a hackney carriage, so it must not ply for hire.

Section 143 of the Road Traffic Act 1988 says you must not use a vehicle on a road unless insurance is in force for that use, and you must not cause or permit someone else to do so.

(Source: legislation.gov.uk (opens in a new tab); legislation.gov.uk (opens in a new tab))

Councils describe it in practical terms. Birmingham says that if someone approaches you in the street and asks for a lift, you must refuse and tell them to contact a licensed operator. Bradford's conditions say you must not call out or gesture to attract passengers, wait where you attract passengers, or take a 'flag' from a member of the public.

• Accepting a street hail or someone who walks up to your car
• Waiting outside bars, clubs or hotels in a way that suggests you are available, without a booking
• Taking a passenger's details yourself and passing them to the operator
• Accepting a return booking directly from a passenger
• Adding a street pick-up to the operator's system to make it look pre-booked

(Source: Birmingham City Council (opens in a new tab); Birmingham City Council (opens in a new tab); City of Bradford Metropolitan District Council (opens in a new tab); Leeds City Council (opens in a new tab))

Wolverhampton's guidelines say plying for hire offences generally result in passengers being uninsured during the journey. A first offence will normally lead to revocation or refusal to renew, with no new licence normally granted for 7 years; for repeat offences the period is 12 years.

Birmingham's committee policy says a driver found guilty of plying for hire and invalidating their insurance should have their licence revoked, and a conviction is likely to bring a substantial fine, penalty points and possible disqualification.

(Source: City of Wolverhampton Council (opens in a new tab); Birmingham City Council (opens in a new tab))

Birmingham's conditions say you must not respond to a booking unless your operator gives you the passenger's name, the time and place of pick-up, the destination and the fare if applicable. Sefton's handbook says all journeys must be pre-booked through your licensed operator, and that driver, vehicle and operator licences must all come from the same council.

(Source: Birmingham City Council (opens in a new tab); Sefton Council (opens in a new tab))