Private Hire Vehicles (London) Act 1998

Regulation of drivers of private hire vehicles in London E+W

Prospective

12 Requirement for private hire vehicle driver’s licence. E+W

(1) No vehicle shall be used as a private hire vehicle on a road in London unless the driver holds a private hire vehicle driver’s licence.

(2) The driver and operator of a vehicle used in contravention of this section are each guilty of an offence.

(3) The owner of a vehicle who permits it to be used in contravention of this section is guilty of an offence.

(4) It is a defence in proceedings against the operator of a vehicle for an offence under subsection (2) for the operator to show that he exercised all due diligence to prevent the vehicle being used in contravention of this section.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) In this section “private hire vehicle driver’s licence” means—

(a) except where paragraph (b) or (c) applies, a London PHV driver’s licence;

(b) if the vehicle is in use for the purposes of a hiring the booking for which was accepted outside London in a controlled district in England and Wales, a licence under section 51 of the 1976 Act issued by the council for that district; and

(c) if the vehicle is in use for a hiring the booking for which was accepted in Scotland, a licence under section 13 of the 1982 Act,

and for the purposes of paragraph (b) or (c) it is immaterial that the booking in question is a sub-contracted booking.

(7) This section does not apply to the use of a vehicle for the purposes of a hiring for a journey beginning outside London in an area of England and Wales which is not a controlled district.

Prospective

13 London PHV driver’s licences. E+W

(1) Any person may apply to the [F1 licensing authority] for a private hire vehicle driver’s licence for London (in this Act referred to as a “London PHV driver’s licence”).

(2) The [F1 licensing authority] shall grant a London PHV driver’s licence to an applicant if [F2 the authority] is satisfied that—

(a) the applicant has attained the age of 21, is (and has for at least three years been) authorised to drive a motor car and is a fit and proper person to hold a London PHV driver’s licence; and

(b) the requirement mentioned in subsection (3), and any further requirements prescribed by the [F1 licensing authority], are met.

(3) The [F1 licensing authority] shall require applicants to show to [F2 the authority’s] satisfaction (whether by taking a test or otherwise) that they possess a level—

(a) of knowledge of London or parts of London; and

(b) of general topographical skills,

which appears to [F2 the authority] to be appropriate.

The [F1 licensing authority] may impose different requirements in relation to different applicants.

(4) The [F1 licensing authority] may send a copy of an application to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London with a request for the Commissioner’s observations; and the Commissioner shall respond to the request.

(5) A London PHV driver’s licence—

(a) may be granted subject to such conditions as the [F1 licensing authority] may think fit;

(b) shall be in such form and shall contain such particulars as the [F1 licensing authority] may think fit; and

(c) shall be granted for three years or for such shorter period as the [F1 licensing authority] may consider appropriate in the circumstances of the particular case.

(6) An applicant may appeal to a magistrates’ court against a decision not to grant a London PHV driver’s licence or against any condition to which such a licence is subject.

(7) For the purposes of subsection (2), a person is authorised to drive a motor car if—

(a) he holds a licence granted under Part III of the M1 Road Traffic Act 1988 (other than a provisional licence) authorising him to drive a motor car; or

(b) he is authorised by virtue of section 99A(1) or 109(1) of that Act (Community licences and Northern Ireland licences) to drive a motor car in Great Britain.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 13 substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 2 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

F2 Words in s. 13(2)(3) substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 7 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

Marginal Citations

M1 1988 c. 52.

Prospective

14 Issue of driver’s badges. E+W

(1) The [F3 licensing authority] shall issue a badge to each person to whom [F4 the authority] has granted a London PHV driver’s licence.

(2) The [F3 licensing authority] may prescribe the form of badges issued under this section.

(3) A person issued with such a badge shall, when he is the driver of a vehicle being used as a private hire vehicle, wear the badge in such position and manner as to be plainly and distinctly visible.

(4) The [F3 licensing authority] may by notice exempt a person from the requirement under subsection (3), when he is the driver of a vehicle being used to provide a service specified in the notice if [F4 the authority] considers it inappropriate (having regard to that service) to require the badge to be worn.

(5) Any person who without reasonable excuse contravenes subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Words in s. 14 substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 2 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

F4 Words in s. 14(1)(4) substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 8 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2