Search Legislation

Private Hire Vehicles (London) Act 1998

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Private Hire Vehicles (London) Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Private Hire Vehicles (London) Act 1998

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Regulation of private hire vehicles in LondonE+W

Prospective

6 Requirement for private hire vehicle licence.E+W

(1)A vehicle shall not be used as a private hire vehicle on a road in London unless a private hire vehicle licence is in force for that vehicle.

(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 for an offence under subsection (2) for the driver or 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 licence” means—

(a)except where paragraph (b) or (c) applies, a London PHV 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, a licence under section 48 of the 1976 Act issued by the council for that district; and

(c)if the vehicle is in use for the purposes of a hiring the booking for which was accepted in Scotland, a licence under section 10 of the M1Civic Government (Scotland) Act 1982 (in this Act referred to as “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 a vehicle used 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.

Annotations: Help about Annotation
Close

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.

Marginal Citations

Prospective

7 London PHV licences.E+W

(1)The owner of any vehicle constructed or adapted to seat fewer than nine passengers may apply to the [F1licensing authority] for a private hire vehicle licence for London (in this Act referred to as a “London PHV licence”) for that vehicle.

(2)The [F1licensing authority] shall grant a London PHV licence for a vehicle if [F2the authority] is satisfied—

(a)that the vehicle—

(i)is suitable in type, size and design for use as a private hire vehicle;

(ii)is safe, comfortable and in a suitable mechanical condition for that use; and

(iii)is not of such design and appearance as would lead any person to believe that the vehicle is a London cab;

(b)that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of Part VI of the M2Road Traffic Act 1988; and

(c)that any further requirements that may be prescribed are met.

(3)A London PHV licence may not be granted in respect of more than one vehicle.

(4)A London PHV licence shall be granted subject to such conditions as may be prescribed and such other conditions as the [F1licensing authority] may think fit.

(5)A London PHV licence shall be in such form and shall contain such particulars as the [F1licensing authority] may think fit.

(6)A London PHV licence shall be granted for one year or for such shorter period as the [F1licensing authority] may consider appropriate in the circumstances of the case.

(7)An applicant for a London PHV licence may appeal to a magistrates’ court against a decision not to grant such a licence or against any condition (other than a prescribed condition) to which the licence is subject.

Annotations: Help about Annotation
Close

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)

F1Words in s. 7 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

Marginal Citations

Prospective

8 Obligations of owners of licensed vehicles.E+W

(1)This section applies to the owner of any vehicle to which a London PHV licence relates.

(2)The owner shall present the vehicle for inspection and testing by or on behalf of the [F3licensing authority] within such period and at such place as [F4the authority] may by notice reasonably require.

The vehicle shall not be required to be presented under this subsection on more than three separate occasions during any one period of 12 months.

(3)The owner shall (without prejudice to section 170 of the M3Road Traffic Act 1988) report any accident to the vehicle materially affecting—

(a)the safety, performance or appearance of the vehicle, or

(b)the comfort or convenience of persons carried in the vehicle,

to the [F3licensing authority] as soon as reasonably practical and in any case within 72 hours of the accident occurring.

(4)If the ownership of the vehicle changes, the person who was previously the owner shall within 14 days of the change give notice to the [F3licensing authority] of that fact and the name and address of the new owner.

(5)A person who, without reasonable excuse, contravenes any provision of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations: Help about Annotation
Close

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)

F3Words in s. 8 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

Marginal Citations

Prospective

9 Fitness of licensed vehicles.E+W

(1)A constable or authorised officer has power at all reasonable times to inspect and test, for the purpose of ascertaining its fitness, any vehicle to which a London PHV licence relates.

(2)If a constable or authorised officer is not satisfied as to the fitness of such a vehicle he may by notice to the owner of the vehicle—

(a)require the owner to make the vehicle available for further inspection and testing at such reasonable time and place as may be specified in the notice; and

(b)if he thinks fit, suspend the London PHV licence relating to that vehicle until such time as a constable or authorised officer is satisfied as to the fitness of the vehicle.

(3)A notice under subsection (2)(b) shall state the grounds on which the licence is being suspended and the suspension shall take effect on the day on which it is served on the owner.

(4)A licence suspended under subsection (2)(b) shall remain suspended until such time as a constable or authorised officer by notice to the owner directs that the licence is again in force.

(5)If a licence remains suspended at the end of the period of two months beginning with the day on which a notice under subsection (2)(b) was served on the owner of the vehicle—

(a)a constable or authorised officer may by notice to the owner direct that the licence is revoked; and

(b)the revocation shall take effect at the end of the period of 21 days beginning with the day on which the owner is served with that notice.

(6)An owner may appeal against a notice under subsection (2)(b) or (5) to a magistrates’ court.

10 Identification of licensed vehicles.E+W

(1)The [F5licensing authority] shall issue a disc or plate for each vehicle to which a London PHV licence relates which identifies that vehicle as a vehicle for which such a licence is in force.

(2)No vehicle to which a London PHV licence relates shall be used as a private hire vehicle on a road in London unless the disc or plate issued under this section is exhibited on the vehicle in such manner as may be prescribed.

(3)The [F5licensing authority] may by notice exempt a vehicle from t he requirement under subsection (2) when it is being used to provide a service specified in the notice if [F6the authority] considers it inappropriate (having regard to that service) to require the disc or plate in question to be exhibited.

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

(5)The owner of a vehicle who permits it to be used in contravention of subsection (2) is guilty of an offence.

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

(7)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations: Help about Annotation
Close

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)

F5Words in s. 10 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

Prospective

11 Prohibition of taximeters.E+W

(1)No vehicle to which a London PHV licence relates shall be equipped with a taximeter.

(2)If such a vehicle is equipped with a taximeter, the owner of that vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In this section “taximeter” means a device for calculating the fare to be charged in respect of any journey by reference to the distance travelled or time elapsed since the start of the journey (or a combination of both).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources