SECTION 1 – PREAMBLE

We are licensed taxi and private hire drivers, licensed by East Renfrewshire Council, and are convening in a voluntary association to act as representatives of our trade, to serve as stakeholders of our trade, and to campaign and work for improvements to our trade.

We affirm that we are self-employed sole traders and that we are assembling together in solidarity with one another, convinced that such association provides a strong collective voice to represent our individual and shared concerns within the licensed taxi and private hire trade.

SECTION 2 – MISSION STATEMENT

The East Renfrewshire Licensed Drivers Association (ERLDA) is a stakeholder within the licensed taxi and private hire trade and represents the individual and shared concerns of drivers licensed by East Renfrewshire Council.

The work of the Association aims to promote fair income for drivers and to support the continuous improvement of working conditions within the licensed trade.

In doing this, the Association engages with East Renfrewshire Council, other licensing authorities, arm's-length external organisations, non-departmental public bodies, Police Scotland, the Scottish Government where appropriate, and other trade stakeholders.

The Association defends its members against threats to their livelihoods, including where a licence is under threat. The Association also campaigns against policies or practices that may worsen working conditions or reduce the earning potential of the trade.

The Association works to foster solidarity, fellowship and cooperation within the trade while promoting a shared sense of professionalism among licensed drivers.

SECTION 3 – ORGANISATIONAL STRUCTURE

The East Renfrewshire Licensed Drivers Association (ERLDA) is an unincorporated association.

ERLDA operates as a single association and is not organised into geographic branches.

SECTION 4 – PROJECT GROUPS

Whenever a specific task, campaign or project requires attention, a project group may be created.

Project groups are ad hoc in nature.

Project groups exist only for as long as their purpose exists.

Project groups may include any member of the Association.

Project groups may accept input from external stakeholders where appropriate.

Project groups operate under the general direction of the General Secretary and Executive Committee.

SECTION 5 – CAMPAIGN STRATEGY AND TRADE REPRESENTATION

Matters of campaign strategy are administered by the Executive Committee, chaired by the General Secretary.

The Executive Committee determines campaign direction on matters affecting drivers licensed by East Renfrewshire Council.

Strategic decisions should be taken in the belief that they reflect the views of the majority of the membership. Where doubt exists, the issue should be referred to the membership.

The General Secretary shall have one ordinary vote as a member of the Executive Committee.

Where a vote of the Executive Committee is tied, the General Secretary, as Chair, shall have an additional casting vote.

SECTION 6 – MEETINGS, DECISIONS AND MEMBERSHIP BALLOTS

The Association may hold general meetings as required.

Meetings may be open to members and non-members unless announced otherwise.

The purpose of meetings may include communicating updates to members.

The purpose of meetings may include allowing discussion of trade issues.

The purpose of meetings may include considering Association policy and direction.

The purpose of meetings may include considering motions or proposals submitted by members.

Only members in good standing may vote on formal Association business.

Unless this Constitution provides otherwise, decisions at properly convened general meetings shall be made by a simple majority of members present and entitled to vote.

The quorum for a general meeting where formal Association decisions are to be taken shall be five members in good standing, including at least two serving office bearers.

ORDINARY MEMBERSHIP BALLOTS

An ordinary membership ballot shall apply to policy, trade or other Association matters that are not specifically designated as major matters under this Constitution.

An ordinary membership ballot requires at least 25% of members in good standing to participate.

An ordinary membership ballot requires a simple majority of valid votes cast to determine the outcome.

MAJOR MEMBERSHIP BALLOTS

A major membership ballot shall apply to amendment of this Constitution.

A major membership ballot shall apply to dissolution of the Association.

A major membership ballot shall apply to removal of an elected office bearer.

A major membership ballot shall apply to overturning a veto exercised by the General Secretary.

A major membership ballot requires at least 50% of members in good standing to participate.

A major membership ballot requires at least two-thirds of valid votes cast to support the proposal.

ELECTION BALLOTS

Ballots for the election of office bearers shall be governed by the election provisions in this Constitution.

No minimum turnout shall apply to an election ballot.

The candidate receiving the highest number of valid votes shall be elected.

SECTION 7 – ANNUAL GENERAL MEETING

The Association shall hold an Annual General Meeting each calendar year where reasonably practicable.

At least 21 days' notice of the AGM shall be given to members.

The notice shall include the date, time and venue.

The notice shall include the proposed agenda.

The notice shall include deadlines for nominations.

The notice shall include deadlines for motions or proposed constitutional amendments.

The notice shall include details of any electronic voting arrangements.

The quorum for the AGM shall be five members in good standing, including at least two serving office bearers.

The General Secretary shall normally chair the AGM.

Where an item creates a direct conflict of interest for the General Secretary, another suitable member may chair that item.

Non-members may attend the AGM unless the notice states otherwise.

Non-members may contribute to general discussion at the discretion of the Chair.

Non-members may not vote.

Non-members may not count towards the quorum.

Non-members may not stand for office.

Non-members may not submit or decide formal motions.

Non-members may not take part in members-only business.

The Chair may require non-members to leave temporarily during confidential, disciplinary, election-related or other members-only business.

Members in good standing may submit motions or proposed constitutional amendments by the deadline stated in the AGM notice.

A proposed constitutional amendment must include the exact wording to be changed and the proposed replacement wording.

SECTION 8 – SPECIAL GENERAL MEETINGS

A Special General Meeting may be called where a matter cannot reasonably wait until the next AGM.

A Special General Meeting may be called by the General Secretary.

A Special General Meeting may be called by a majority of the Executive Committee.

A Special General Meeting may be called following a written request supported by at least 20% of members in good standing.

At least 14 days' notice should normally be given.

The notice must state the specific business to be considered.

No unrelated formal business shall be decided at a Special General Meeting unless it has been included in the notice.

The quorum shall be the same as for an AGM.

SECTION 9 – THE GENERAL SECRETARY

The General Secretary is elected by eligible Association members and serves a term of two years.

The General Secretary remains in office until their successor takes office, unless they resign, cease to be eligible for membership, or are removed in accordance with this Constitution.

The General Secretary shall act as spokesperson for the Association.

The General Secretary shall coordinate campaigns.

The General Secretary shall represent the Association publicly.

The General Secretary shall chair the Executive Committee.

The General Secretary shall oversee executive functions.

The General Secretary shall oversee the Association's finances.

The General Secretary shall maintain appropriate Association records.

The General Secretary shall ensure decisions of the Association are implemented.

The General Secretary may veto a decision that they reasonably believe conflicts with this Constitution or the stated aims of the Association.

Where a veto is exercised, the reason must be recorded and communicated to the Executive Committee.

The matter must then be referred to the membership within a reasonable period.

A veto may be overturned only through a major membership ballot in accordance with Section 6.

A veto does not permanently overturn a decision and remains subject to the final decision of the membership.

SECTION 10 – EXECUTIVE COMMITTEE AND OFFICE BEARERS

The Association is administered by the Executive Committee.

The Executive Committee oversees the day-to-day operation of the Association.

Executive functions include representation of members in licensing matters.

Executive functions include administration of the Association.

Executive functions include organisation of campaigns.

Executive functions include financial administration.

Executive functions include communication with stakeholders.

Executive functions include implementation of decisions made by the membership.

The elected office bearer positions are General Secretary, Taxi Representative, Private Hire Representative and National Complaints Officer.

All elected office bearers serve a term of two years.

The Association may create additional office bearer or supporting roles where required.

A new role may be created by a majority vote of the Executive Committee.

The Executive Committee shall determine the purpose and responsibilities of the role and whether it is temporary or ongoing.

Where a new role is to become a permanent elected position on the Executive Committee, this must be approved by the membership at an AGM, Special General Meeting or by ordinary membership ballot.

The Executive Committee may appoint an eligible member to a newly created role on an interim basis until the next appropriate election or membership decision.

The abolition of a permanent elected Executive Committee position must be approved by the membership at an AGM, Special General Meeting or by ordinary membership ballot.

SECTION 11 – ROLE OF THE TAXI REPRESENTATIVE

The Taxi Representative shall represent the particular interests and concerns of members operating under taxi driver licences.

The Taxi Representative shall support the General Secretary and Executive Committee in matters affecting the taxi trade.

SECTION 12 – ROLE OF THE PRIVATE HIRE REPRESENTATIVE

The Private Hire Representative shall represent the particular interests and concerns of members operating under private hire car driver licences.

The Private Hire Representative shall support the General Secretary and Executive Committee in matters affecting the private hire trade.

SECTION 13 – ROLE OF THE NATIONAL COMPLAINTS OFFICER

The National Complaints Officer shall receive and investigate complaints made by members.

The National Complaints Officer shall conduct complaints investigations fairly and impartially and present findings to the Executive Committee.

Where the National Complaints Officer has a conflict of interest or has been directly involved in the matter complained about, another suitable person shall be appointed to investigate.

The National Complaints Officer shall also support the Executive Committee in maintaining fair complaints and disciplinary procedures.

SECTION 14 – ELECTION OF OFFICE BEARERS

All elected office bearer positions shall be open for election at the relevant AGM.

A serving office bearer who wishes to stand for a further term must submit a valid nomination.

Members in good standing may stand for election.

Members in good standing may nominate another eligible member.

Members in good standing may self-nominate.

No proposer or seconder is required.

For election purposes, a member in good standing is a member whose membership is active and whose membership payments are up to date at the relevant nomination or voting deadline.

A member may stand for one elected office bearer position in each election cycle.

Where only one valid nomination is received for a position, that candidate shall be declared elected unopposed and no ballot shall be required.

Where more than one valid nomination is received, the position shall be decided by a secure and confidential membership ballot.

The Association may conduct ballots through its members app or another secure voting system capable of restricting voting to eligible members, preventing duplicate votes and recording turnout.

Candidates in a contested election may submit a statement of no more than 250 words.

Each eligible member shall have one vote for each contested position.

No minimum turnout shall apply to an election ballot.

The candidate receiving the highest number of valid votes shall be elected.

Where two or more candidates receive the same highest number of votes, a further ballot shall be held between the tied candidates.

An independent returning officer who is not standing for election shall verify the ballot and declare the result.

Where reasonably practicable, a second independent person should witness the verification.

Successful candidates shall take office at the conclusion of the AGM.

SECTION 15 – VACANCIES AND RESIGNATIONS

An office bearer may resign by giving written notice to the General Secretary.

Where the General Secretary resigns, notice shall be given to the Executive Committee.

Where the office of General Secretary becomes vacant, the remaining Executive Committee shall appoint an Acting General Secretary from among the serving office bearers.

The Acting General Secretary shall have the powers necessary to maintain the normal operation of the Association but shall not make substantial constitutional or structural changes unless authorised by the membership.

A by-election for General Secretary should normally be arranged within 60 days.

Where the next AGM is due to take place within 90 days, the Executive Committee may instead allow the Acting General Secretary to remain in place until the AGM, where an election shall be held.

Where another elected office becomes vacant, the Executive Committee may appoint an eligible member to act temporarily until the next AGM or until a by-election can reasonably be arranged.

A temporary appointment does not prevent any eligible member from standing for the position at the next election.

SECTION 16 – REMOVAL OF AN OFFICE BEARER

An elected office bearer may be removed before the end of their term only where there are reasonable grounds to do so.

Grounds may include serious misconduct.

Grounds may include serious or repeated breach of this Constitution.

Grounds may include misuse of Association funds or property.

Grounds may include serious failure to perform the duties of office.

Grounds may include conduct causing substantial harm to the Association.

Grounds may include loss of eligibility for membership.

A proposal to remove an office bearer must be supported by a majority of the remaining Executive Committee or by at least 20% of members in good standing.

The office bearer concerned must be given written notice of the reasons for the proposed removal and a reasonable opportunity to respond.

They shall be entitled to address the meeting or provide a written statement before any decision is made.

Removal shall require either a major membership ballot in accordance with Section 6 or a two-thirds majority of members present and voting at a properly convened AGM or Special General Meeting, provided the proposed removal was stated in the meeting notice.

The office bearer concerned shall not chair any meeting or agenda item dealing with their own removal.

SECTION 17 – DRIVER-OPERATOR MEDIATION

The Association may act as a mediator in disputes between licensed drivers and taxi or private hire operators.

Mediation is voluntary.

Mediation requires the consent of both parties.

Mediation seeks to facilitate fair dialogue.

The Association does not act as a legal adjudicator and cannot impose binding decisions.

SECTION 18 – MEMBERSHIP

Membership is open to any taxi or private hire driver holding a current licence issued by East Renfrewshire Council.

There is one type of membership: Regular Membership.

Regular Membership entitles a member, subject to this Constitution and the Association's available resources, to vote in Association ballots and meetings where they are a member in good standing.

Regular Membership entitles a member to stand for elected office where eligible.

Regular Membership entitles a member to seek representation, assistance and support from the Association.

Regular Membership entitles a member to participate in the activities and decision-making of the Association.

A member in good standing is a member whose membership remains active and whose membership payments are up to date.

Members agree to support the aims of the Association.

Members agree to cooperate with fellow members.

Members agree to contribute to the collective interests of the trade.

Members agree to comply with this Constitution and any properly adopted Association policies.

Regular Membership is set at £8 per month or £80 per year.

Any change to the membership fee must be approved by ordinary membership ballot or at a properly convened AGM or Special General Meeting by a simple majority of members present and voting.

Where a person joins the Association while already having an existing licensing, operator or other trade-related issue for which they are seeking representation, assistance or casework support from the Association, they shall be required to take out the annual membership option and pay the annual membership fee in full.

For the purpose of this section, an existing issue means a matter that arose, or of which the person was aware, before their membership of the Association began.

This requirement does not prevent the Association from exercising discretion in exceptional circumstances.

Membership may be subject to disciplinary action where a member acts seriously against the interests or objectives of the Association.

Membership may be subject to disciplinary action where a member seriously disrupts the principles of cooperation within the Association.

Membership may be subject to disciplinary action where a member engages in conduct that causes serious harm to the Association.

Membership may be subject to disciplinary action where a member fails to maintain membership payments.

No member shall be disciplined solely because they disagree with the Executive Committee or express a reasonable difference of opinion about Association policy.

Any suspension or termination of membership on disciplinary grounds must follow the procedure set out in this Constitution.

SECTION 19 – ASSOCIATION FUNDS AND FINANCIAL ADMINISTRATION

All funds of the East Renfrewshire Licensed Drivers Association shall be held for the purposes of the Association.

Funds shall be used solely to further the objectives of the Association in accordance with this Constitution.

No member shall have any personal entitlement to the assets or funds of the Association while the Association continues to operate.

Responsibility for the day-to-day financial administration of the Association falls to the General Secretary.

The General Secretary shall maintain accurate records of income and expenditure.

The General Secretary shall retain appropriate receipts, invoices and supporting records.

The General Secretary shall ensure Association funds are used only for Association purposes.

The General Secretary shall provide financial updates to the Executive Committee where appropriate.

The General Secretary shall present a brief annual financial summary to members at the AGM.

The General Secretary shall follow any financial controls approved by the Executive Committee or membership.

The Executive Committee may appoint another office bearer or member to review the Association's financial records.

The Executive Committee may set a spending limit above which approval from at least one other authorised office bearer is required.

SECTION 20 – CASEWORK, LICENSING AND LEGAL SUPPORT

Members are entitled to representation and support from the Association in licensing matters, subject to the nature of the case and the Association's available resources.

This support may include advice and guidance.

This support may include assistance with correspondence.

This support may include preparation of written representations.

This support may include representation or support at licensing meetings or hearings where permitted.

This support may include providing relevant information or case material to a member or their legal representative.

Where a person joins the Association seeking support with an issue that existed before their membership began, the annual membership requirement set out in Section 18 shall apply before the Association accepts the matter for casework or representation.

Membership does not include funded legal representation or payment of legal costs.

The Association does not currently fund solicitors, Sheriff Court appeals or other court proceedings.

Where independent legal advice or representation is required, the member is responsible for obtaining and funding that representation.

The Association may continue to provide reasonable non-legal support to a member who has instructed a solicitor.

Nothing in this Constitution prevents the Association from introducing a legal support or funding scheme in the future should its financial position allow.

SECTION 21 – AUTHORITY TO REPRESENT MEMBERS

By becoming a member, drivers authorise the Association and its representatives to act on their behalf in matters relating to the licensed taxi and private hire trade.

This may include correspondence with licensing authorities.

This may include participation in consultations.

This may include mediation with operators.

This may include attendance at meetings or licensing hearings.

This may include preparing representations on behalf of the member.

The Association does not act as a solicitor or legal representative unless permitted by law.

A member may withdraw the Association's authority to represent them in an individual matter at any time.

SECTION 22 – MEMBER COMPLAINTS AND DISCIPLINE

A member who is the subject of a complaint or proposed disciplinary action must be informed of the substance of the complaint against them.

The member must be given a reasonable opportunity to respond before disciplinary action is taken.

The National Complaints Officer shall investigate complaints fairly and present their findings to the Executive Committee.

Any person with a material conflict of interest or direct involvement in the matter shall not take part in determining the complaint.

The Executive Committee may, where justified, impose an informal warning.

The Executive Committee may, where justified, impose a formal written warning.

The Executive Committee may, where justified, impose temporary suspension of membership.

The Executive Committee may, where justified, terminate membership.

Any disciplinary action should be reasonable and proportionate to the circumstances.

The member must be informed of the decision and the reasons for it.

SECTION 23 – APPEALS PROCEDURE

A member may appeal a disciplinary decision.

An appeal should normally be submitted within 21 days of the member being notified of the decision.

The appeal shall be heard by a panel of not fewer than three and not more than five members.

Panel members must not have been materially involved in the original decision.

Panel members must have no material conflict of interest.

Panel members must consider the appeal fairly and impartially.

The appeal panel may uphold the original decision.

The appeal panel may vary the disciplinary action.

The appeal panel may overturn the original decision.

The appeal panel's decision shall be final within the Association.

SECTION 24 – PROTECTION OF OFFICE BEARERS

No office bearer shall be entitled to reimbursement or indemnity where they have acted fraudulently, dishonestly, recklessly or outside the authority granted by this Constitution.

Subject to the law and the Association's available assets, the Association shall indemnify an office bearer against liabilities reasonably incurred while acting in good faith and within the authority granted by this Constitution.

Nothing in this Constitution is intended to exclude or restrict any liability that cannot lawfully be excluded or restricted.

SECTION 25 – DISSOLUTION OF THE ASSOCIATION

The Association may be dissolved only through a major membership ballot in accordance with Section 6.

Upon dissolution, all debts and liabilities must first be settled.

Upon dissolution, remaining Association assets and funds shall be dealt with in accordance with the decision of the membership and applicable law.

No distribution shall be made until all known debts and liabilities have been accounted for.

SECTION 26 – STATUS AND AMENDMENT OF THE CONSTITUTION

This Constitution is the governing document of the East Renfrewshire Licensed Drivers Association.

All Association policies, resolutions and decisions must remain consistent with this Constitution.

Amendments may be proposed by the Executive Committee.

Amendments may be proposed by any member in good standing.

A proposed amendment must include the exact wording to be changed and the proposed replacement wording.

A constitutional amendment may be approved through a major membership ballot in accordance with Section 6.

A constitutional amendment may also be approved at a properly convened AGM or Special General Meeting where the proposed wording has been circulated to members in advance and at least two-thirds of members present and voting support the amendment.

Once approved, an amendment takes effect immediately unless the resolution approving it states otherwise.

SECTION 27 – ADOPTION

This Constitution was presented to and adopted by the members of the East Renfrewshire Licensed Drivers Association.

General Secretary: John Paul Duffy

Signature: J.Duffy

Date adopted: 15 October 2026