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GENERAL
POLICY
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| 1. |
Each case will be considered on it's own
merits. |
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| 2. |
The overriding consideration is the safety
of the public. The Council has a duty to ensure so far as possible that
those licensed to drive hackney and private hire vehicles are suitable
persons to do so, that they are safe drivers with good driving records and
adequate experience, sober, courteous, mentally and physically fit, honest
and not persons who would take advantage of their employment to abuse or
assault passengers. |
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| 3. |
A person with a current conviction for a
serious crime need not be permanently barred from obtaining a license but
should be expected to (a) remain free of conviction for an appropriate
period and (b) show adequate evidence of good character from the time of conviction.
Simply remaining free of conviction will not generally be regarded as
sufficient evidence of good character. |
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| 4. |
Some discretion may be appropriate if the
offence is isolated and there are mitigating circumstances. Similarly,
multiple offences or a series of offences over a period of time are likely
to give greater cause for concern and may demonstrate a pattern of inappropriate
behavior which will be taken into account. |
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| 5. |
The following examples afford a general
guide on the action which might be taken when convictions are disclosed. |
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| (a)
OFFENCES OF DISHONESTY |
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Drivers of hackney carriage and private hire
vehicles are expected to be persons of trust. It is comparatively easy for
a dishonest driver to defraud the public by demanding more than the legal
fare and in other ways. |
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Members of the public entrust themselves to
the care of drivers for their own safety and for fair dealing. Passengers
may comprise especially vulnerable people. |
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For these reasons a serious view is taken of
any convictions involving dishonesty. In general, a period of 3 to 5 years
free of conviction will be required before an application is likely to be
considered favorably.In particular, an application will normally
be refused where the applicant has a conviction for an offence of: |
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Theft |
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Burglary |
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Fraud |
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Benefit fraud (including offences under
ss.111A ad 112 of the Social Security Administration Act 1992 |
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Handling or receiving stolen goods |
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Forgery |
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Conspiracy to defraud |
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Obtaining money or property by deception |
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Other deception |
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and the conviction is less than 3 years
prior to the date of the application. |
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| (b)
VIOLENCE |
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As hackney carriage and private hire drivers
maintain close contact with the public, in general a period of 3 to 10
years free of conviction for offences involving violence (depending on the
nature and seriousness of the offence) will be required before an
application is likely to be considered favourably. |
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In particular: |
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(i) An application
will normally be refused where the applicant has a conviction of:- |
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Murder |
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Manslaughter |
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Manslaughter or culpable homicide whilst driving |
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Arson |
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Malicious wounding or grievous bodily harm
(s. 20 Offences Against the Person Act 1861) which is racially aggravated
(s.29(1)(a) Crime and Disorder Act 1998) |
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Actual bodily harm (s. 47 Offences Against Person
Act 1861) which is racially aggravated (s.29(1)(b) Crime and Disorder Act
1998) |
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and the conviction is less than 10 years prior
to the date of the application. |
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(ii) An
application will normally be refused where the applicant has a conviction
for an
offence of:- |
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Grievous bodily harm with intent (s.18
Offences Against the Person Act) |
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Gravois bodily harm (s.20 Offences Against
the Person Act) |
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Robbery |
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Racially-aggravated criminal damage(s.30
Crime and Disorder Act) |
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Racially-aggravated s4 Public Order Act 1986
(fear or provocation of violence) (s.31(1)(a) Crime and Disorder Act
1998) |
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Racially-aggravated s.4A Public Order Act
1986 offence (intentional harassment, alarm or distress (s.31(1)(b) Crime
and Disorder Act 1998) |
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Racially-aggravated s.2 Protection from
Harassment ct 1997 offence (harassment) (s.32(1)(a) Crime and Disorder Act
1998) |
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Racially-aggravated s.4 Protection form
Harassment Act 1997 offence (putting people in fear of violence)
(s.32(1)(b) Crime and Disorder Act 1998 |
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and the conviction is less than 8 years
prior to the date of application. |
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Between 8 and 10 years after conviction more
weight will be given to the circumstances of the offence and any evidence
adduced to show good character since the date of conviction. |
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(iii) An
application will normally be refused where the applicant has a conviction
for an offence of:- |
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Common assault |
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Common assault which is racially aggravated
(s.29 (1)(c) Crime and Disorder Act 1998) |
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Assault occasioning actual bodily harm (s.
47 Offences Against the Person Act) |
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Assault police |
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Affray |
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Racially aggravated s.5 Public Order Act
1986 offence (harassment, alarm or distress) (s.31(1)(c) Crime and Disorder
Act 998) |
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Riot |
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Obstruction |
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Possession of offensive weapon |
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Possession of firearm |
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Criminal damage |
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Violent disorder |
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Resisting arrest |
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and the conviction is less than 3 years
prior to the date of the application |
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Between 3 and 8 years after conviction more
weight will be given to the circumstances of the offence and any evidence
adduced to show god character since the date of conviction. |
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| (c)
DRUGS |
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An application will normally be refused
where the applicant has a conviction for a drug related offence and the conviction
is less than 5 years prior to the date of application. |
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In addition applicants will normally be required
to show a period of at least 5 years free from taking drugs and / or 5 years
after detoxification treatment if (s)he was an addict. |
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| (d)
INDECENCY OFFENCES |
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As hackney carriage and private hire drivers
often carry unaccompanied passengers, applicants with convictions for
soliciting, importuning, indecent exposure or any sexual offence will normally
be refused a license until they can show a substantial period (usually between
5 and 10years) free from any such conviction. |
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In particular, an application will normally
be refused where the applicant has a current conviction for an offence
of:- |
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Rape |
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Indecent assault |
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Gross indecency with a female |
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Gross indecency with a male |
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Indecent assault on a child under 16 years |
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Buggery |
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and the conviction is less than 10 years
prior to the date of the application |
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| (e)
MOTORING CONVICTIONS |
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(i) |
Major Traffic Offences |
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An isolated conviction, without
disqualification, for an offence such as dangerous driving without due care
and attention will require careful consideration of the facts and will at
the very least merit a warning as to future driving and advice on the
standard expected of hackney carriage and private hire vehicle drivers. However,
where the conviction is within 6 months prior to the date of the
application the application will normally be refused. |
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More than one conviction for this type of
offence within the last 5 years is likely to merit refusal. |
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A list of offences to which this paragraph
applies is attached as Appendix 1. |
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(ii) |
Minor Traffic Offences |
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Isolated convictions for minor traffic
offences should not prevent a person from proceeding with an application. However,
the number of, type and frequency of this type of offence will be taken
into account and if there are several offences of this nature the
applicant will normally be expected to show a period free of conviction of
at least 6 months. |
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In particular, an application will normally
be refused where the applicant has12 or more penalty points on his DVLA
license (whether or not the applicant was convicted by a court for the
offences for which the pints were imposed) or where the applicant has more
than one conviction fro this type of offence within the last 6 months. |
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A list of offences to which this paragraph
applies is attached as Appendix 11 |
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(iii) |
Hybrid Traffic Offences |
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Offences of the type listed in Appendix 11
will be treated as major traffic offences if the court awards 4 or
more penalty points for the offence and as minor offences if the court awarded
3 or less penalty points for the offence. |
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(iv) |
Disqualification |
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Where an applicant has been disqualified
from driving because of a major traffic offence the application will
generally be refused unless a period of 2 years free from conviction has
elapsed from the date of the DVLA license. |
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Where several minor traffic offences have
resulted in the applicant being disqualified from driving for a period of
time will normally be taken as reflecting seriously on the applicants
driving standard. Generally, a period of 12 months free from conviction
must have elapsed from the restoration of the DVLA license. |
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In ''totting-up'' cases where
disqualification is considered by the court, even if the court does not
disqualify (e.g. Because of exceptional circumstances) a driver the
council is likely to refuse a hackney carriage or private hire drivers
license because different criteria apply and an applicant will normally
be expected to show a period of twelve months free from conviction from
the date the court made its findings of exceptional circumstances
justifying the non-disqualification. |
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| (f) |
OFFENCES UNDER THE TOWN POLICE CLAUSES
ACTS AND PART II OF THE LOCAL GOVERNMENT
(MISCELLANEOUS PROVISIONS) ACT 1976 |
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One of the main purposes of the licensing
regime set out in the Town Police Clauses Acts and Part II of the Local Government
(Miscellaneous Provisions) Act 1976 (''the acts'') is to ensure the
protection of the public. For this reason a serious view is taken of convictions
for offences under the Acts (including illegal plying for hire) when
deciding whether an applicant is to be treated as a fit and proper
person to hold a license. |
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In particular, an applicant will normally be
refused a license where (s) he has been convicted of an offence under the
Acts at any time during the 6 months preceding the application or has more
than one conviction within the last 2 years preceding the date of the
application. |
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(g) |
DRUNKENNESS |
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(i) |
With a motor vehicle |
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A serious view will be taken of convictions
of driving or being in charge of a vehicle whilst under the influence of
drink. Where a disqualification has occurred as a result of a
drink-driving offence, at least 5 years free from conviction should elapse
after the restoration of the DVLA license before an applicant is granted
license. |
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An isolated conviction for drunkenness,
without disqualification, will require careful consideration of the facts
and will at least merit a warning as to future driving and advice on the standard
expected of hackney and private hire vehicle drivers. More than one conviction
for this type of offence or one such offence within the last five years is
likely to merit refusal. |
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(ii) |
Not in a motor vehicle |
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An isolated conviction for drunkenness need
not debar an applicant from gaining a license. In some cases, a warning
may be appropriate. However, a number of convictions could indicate a
medical problem necessitating critical examination and refusal of a
license. |
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In addition, applicants will normally be required
to show a period of at least 5 years has elapsed after completion of
detoxification treatment if (s) he was an alcoholic. |
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| (h)
SPENT CONVICTIONS |
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The Council will only consider spent convictions
if it appears to be relevant for deciding whether the applicant is a fit
and proper person to hold a license and that justice cannot be done in the case
he case, except by admitting or requiring evidence relating to that spent
conviction. |
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| (i)
CAUTIONS AND ENDORSABLE FIXED PENALTIES |
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For the purpose of these guidelines formal
cautions and endorsable fixed penalties shall be treated as thought
they were convictions. |
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| APPENDIX 1 (Of three) |
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MAJOR TRAFFIC OFFENCES |
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(Paragraph (e)(i) refers) |
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| AC10 |
failing to stop after an accident |
| AC20 |
Failing to give particulars or to report an
accident within 24 hours |
| AC30 |
Undefined accident offences |
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| BA10 |
Driving while disqualified due to care and
attention |
| BA20 |
Attempting to drive while disqualified by order
of the court |
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| CD10 |
Driving without due care and attention |
| CD20 |
Driving without reasonable consideration for
other road users |
| CD30 |
Driving without due care and attention or
without reasonable consideration for other road users |
| CD40 |
Causing death through careless driving when
unfit through drink |
| CD50 |
Causing death by careless driving when unfit
through drugs |
| CD60 |
Causing death by careless driving with alcohol
level above the limit |
| CD70 |
Causing dearth by driving then failing to
supply a specimen for analysis |
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| DD40 |
Dangerous driving |
| DD60 |
Manslaughter or culpable homicide while driving
a vehicle |
| DD80 |
Causing death by dangerous driving |
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| DR10 |
Driving or attempting to drive with alcohol
level above=limit |
| DR20 |
Driving or attempting to drive while unfit
through drink |
| DR30 |
Driving or attempting to drive then failing
to supply a specimen for analysis |
| DR40 |
In charge of a vehicle while alcohol level
above limit |
| DR50 |
In charge of a vehicle while unfit through
drink |
| DR60 |
Failure to provide a specimen for analysis
in circumstances other than driving or attempting to drive |
| DR70 |
Failing to provide specimen for breath test |
| DR80 |
Driving or attempting to drive when unfit
through drugs |
| DR90 |
In charge of vehicle when unfit through
drugs |
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| IN10 |
Using a vehicle uninsured against third
party risks |
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| LC20 |
Driving otherwise than i accordance with a
license |
| LC30 |
Driving after making a false declaration
abut fitness when applying for a license |
| LC40 |
Driving a vehicle having failed to notify a disability |
| LC50 |
Driving after a license has been revoked or refused
on medical grounds |
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| MS50 |
Motor racing on the highway |
| MS60 |
Offences not covered by other codes |
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| UT50 |
Aggravated taking of a vehicle |
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| Aiding, abetting, counseling
or procuring |
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Offences as coded above, but with 0 changed
to 2 (e.g. IN10 becomes IN12) |
| Causing or permitting |
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Offences as coded above, but with 0 changed
to 4 (e.g. IN 10 becomes IN14) |
| Inciting |
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Offences as coded above, but with 0
changed o 6 (e.g. IN16 becomes IN16) |
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| APPENDIX II (Of three) |
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| MS10 |
Leaving vehicle in a dangerous position |
| MS20 |
Unlawful pillion riding |
| MS30 |
Play street offences |
| MS40 |
Driving with uncorrected eyesight or
refusing to submit to a test |
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| MS70 |
Driving with uncorrected defective eyesight |
| MS80 |
Refusing to submit to an eye test |
| MS90 |
Failure to give information as to identity
of driver |
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| MW10 |
Contravention of Special Road Regulations
(excluding speed limits) |
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| PC10 |
Undefined contravention of Pedestrian
Crossing Regulations |
| PC20 |
Contravention of Pedestrian Crossing Regulations
with moving vehicle |
| PC30 |
Contravention of Pedestrian Crossing Regulations
with stationary vehicle |
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| TS10 |
Failing to comply with traffic light signals |
| TS20 |
Failing to comply with double white lines |
| TS30 |
Failing to comply with ''Stop'' sign |
| TS40 |
Failing to comply with direction of a
constable or traffic wardens |
| TS50 |
Failing to comply with traffic sign
(excluding ''Stop'' sign, traffic lights or double white lines |
| TS60 |
Failing to comply with school crossing
patrol sign |
| TS70 |
Undefined failure to comply with traffic direction
sign |
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| Aiding, abetting, counseling
or procuring |
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Offences as coded above, but with 0 changed
to 2 (e.g. PC10 becomes PC12) |
| Causing or permitting |
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Offences as coded above, but with 0 changed
to 4 (e.g. PC 10 becomes PC14) |
| Inciting |
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Offences as coded above, but with 0
changed o 6 (e.g. PC16 becomes PC16) |
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| APPENDIX III (Of three) |
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| CU10 |
Using a vehicle with defective brakes |
| CU20 |
Causing or likely to cause danger by reason
of use of unsuitable vehicle or using a vehicle with parts or accessories
(excluding brakes, steering or tyres) in a dangerous condition |
| CU30 |
Using a vehicle with defective tyres |
| CU40 |
Using a vehicle with defective steering |
| CU50 |
Causing or likely to cause danger by reason
of load or passengers |
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| SP10 |
Exceeding goods vehicle speed limit |
| SP20 |
Exceeding statutory seed limit for type of vehicle
(excluding goods or passenger vehicles |
| SP30 |
Exceeding statutory speed limit on a public
road |
| SP40 |
Exceeding passenger vehicle speed limit |
| SP50 |
Exceeding speed limit on a motorway |
| SP60 |
Undefined speed limit offence |
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| Aiding, abetting, counseling
or procuring |
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Offences as coded above, but with 0 changed
to 2 (e.g. CU 10 becomes CU12) |
| Causing or permitting |
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Offences as coded above, but with 0 changed
to 4 (e.g. CU 10 becomes CU14) |
| Inciting |
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Offences as coded above, but with 0
changed to 6 (e.g. CU 16 becomes CU16) |
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| End of guidelines as received from Nottm.
City Council March 2003 |
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