Part V Miscellaneous and supplementary

Licensing of private hire vehicles

265 Vehicles subject to regulation as private hire vehicles.

1

In section 79 of the M1Public Passenger Vehicles Act 1981 (which provides that a vehicle which is not a public service vehicle because of section 1(3) or (4) of that Act is to be treated as one for the purpose of excluding it from regulation as a private hire vehicle), for “1(3) or (4)” substitute “ 1(4) ”.

2

After that section insert—

79A Small PSVs subject to regulation as private hire vehicles.

1

If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of—

a

Part II of the M2Local Government (Miscellaneous Provisions) Act 1976, or

b

any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation.

2

If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the M3Private Hire Vehicles (London) Act 1998.

3

But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses.

4

In this section—

  • “small bus” means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and

  • “large buses” means public service vehicles within paragraph (a) of that subsection.

3

In section 167(4) of the M4Criminal Justice and Public Order Act 1994 (touting for hire car services: defence in case of public service vehicles), for “passengers for public service vehicles” substitute “ passengers to be carried at separate fares by public service vehicles ”.