Hire Car Enforcement

If there is sufficient evidence against them licence holders reported for minor breaches of their licensing conditions may be issued with a warning letter from the Chief Solicitor instead of being reported to committee. If the licence holder disputes the factual circumstances referred to in the warning letter they have an opportunity to request a hearing before committee. Only one warning letter is issued to a particular licence holder within a three year period and any future breaches within twelve months of a warning letter may result in a report to committee which makes reference to the earlier warning.

Warning letters have been issued for the following reasons;

• Private Hire Cars parked in public places (if not waiting for a pre booked hire)
• Drivers smoking within vehicles
• Vehicle defects such as bald tyres and defective lights
• Taxis parking adjacent to or on a taxi rank
• Failing to carry insurance/ID badge
• Inappropriate conduct by drivers

Serious breaches of licensing conditions or the criminal law are not dealt with by a warning letter and licence holders alleged to have committed such breaches will be reported to the Licensing Committee,

The Licensing Committee has power to suspend or revoke both vehicle and driver's licences in a number of circumstances including - breach of licensing conditions; if the licence holders conduct demonstrates that they are no longer a fit and proper person to hold a licence; or where the licence holder's licensed activity has caused or is causing a threat to public order or public safety.

Suspensions may be imposed following a committee hearing for the unexpired portion of the licence or such shorter period as the Committee deems appropriate.

The Committee has power to order that some suspensions will take effect immediately. Otherwise the licence holder has a right of appeal to the Sheriff Court within 28 days and, if an appeal is lodged within that period, the suspension does not take effect until the appeal has been determined.

Licences have been suspended in the following circumstances

• failed driver medical (suspended until certified fit to drive)
• failure to attend a driver medical (suspended until certified fit to drive)
• using an unlicensed vehicle (suspended for the unexpired portion)
• refusal to carry a passenger with a guide dog (6 month suspension)
• smoking within a hire car following a previous warning (one month suspension) 
• smoking in a  hire car (1 week suspension)
• failure to intimate convictions
• operating a vehicle with multiple defects (various periods)
• failing to report convictions (1 week suspension)
• allegations regarding serious criminal offences (suspension for the remainder of licence)
• taxis ranking adjacent to a full rank (one week suspension)
• failure to disclose convictions (immediate suspension for remainder of licence)
• inappropriate behaviour whilst carrying a passenger (3 month suspension)
• PHC undertaking an unbooked hire (1 week suspension)
• operating a PHC with multiple defects (3 month suspension)

Information on how to make a complaint about a hire car licence holder can be found on this page Complaints about hire car licence holders

Complaints regarding unlicensed vehicles or drivers should be made to Police Scotland by calling 101.

Information about current licence holders, suspended licences and drivers who do not hold a current medical certificate can be found on this page Current Licence Holders and Suspended Licences