A PRIVATE hire cab driver who picked up passengers in the street has been fined £550.

Leslie Alan Wright was spotted by another driver letting two young women into his car in Rougier Street, York, in the early hours of December 18, last year. He was in breach of his private hire licence, and his insurance policy.

The other driver alerted a City of York Council enforcement officer, who challenged Wright about the incident.

Under legislation, drivers with hackney carriage licences may pick up passengers in the street without being booked in advance, but those with private hire licences may not.

There are 158 hackney carriage vehicle licences available in York, and all are currently allocated. However, the council has no power to limit the number of private hire vehicle licences.

By picking up the passengers, not only was Wright, of First Avenue, York, violating his private hire licence, he was also in breach of the terms of his insurance policy.

Matthew Boxall, prosecuting for the council, told York magistrates: "This is a serious matter. The council restricts the number of hackney carriage licences so that it can satisfy demand, but so as not to add an extra burden to the traffic congestion in the city. It is unacceptable for private hire vehicles to be operated as Hackney Carriages, as it undermines the council's policy on issuing licences."

Mr Boxall said: "Had there been an accident, there would have been no protection for anyone making an insurance claim."

Wright, who is self-employed, admitted plying for hire without a hackney carriage licence, and driving without insurance.

He apologised and told the court he had learned from his mistake.

He said: "I would like to apologise for wasting everyone's time. This won't happen again."

The court heard it was the first time he had attempted to pick up a fare without a hackney carriage licence.

He was fined £550, ordered to pay £183 prosecution costs, and given six penalty points. With three points already on his licence, he faces disqualification if he receives another three-point driving offence.

Updated: 10:59 Friday, January 14, 2005