Private Hire Vehicles (London) Act 1998

Introductory

Meaning of “private hire vehicle”, “operator” and related expressions

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• (1) In this Act—

• (a) “private hire vehicle” means a vehicle constructed or adapted to seat fewer than nine passengers which is made available with a driver ... for hire for the purpose of carrying passengers, other than a licensed taxi or a public service vehicle; ...

• (b) “operator” means a person who makes provision for the invitation or acceptance of, or who accepts, private hire bookings; and

• (c) operate”, in relation to a private hire vehicle, means to make provision for the invitation or acceptance of, or to accept, private hire bookings in relation to the vehicle.

• (2) Any reference in this Act to a vehicle being “used as a private hire vehicle” is a reference to a private hire vehicle which—

• (a) is in use in connection with a hiring for the purpose of carrying one or more passengers; or

• (b) is immediately available to an operator to carry out a private hire booking.

• (3) Any reference in this Act to the operator of a vehicle which is being used as a private hire vehicle is a reference to the operator who accepted the booking for the hiring or to whom the vehicle is immediately available, as the case may be.

• (4) In this Act “private hire booking” means a booking for the hire of a private hire vehicle for the purpose of carrying one or more passengers (including a booking to carry out as sub-contractor a private hire booking accepted by another operator).

• (5) In this Act “operating centre” means premises at which private hire bookings are accepted by an operator.

Regulation of private hire vehicle operators in London

Requirement for London operator’s licence

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• (1) No person shall in London make provision for the invitation or acceptance of, or accept, private hire bookings unless he is the holder of a private hire vehicle operator’s licence for London (in this Act referred to as a “London PHV operator’s licence”).

• (2) A person who makes provision for the invitation or acceptance of private hire bookings, or who accepts such a booking, in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

London operator’s licences

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• (1) Any person may apply to the licensing authority for a London PHV operator’s licence.

• (2) An application under this section shall state the address of any premises in London which the applicant proposes to use as an operating centre.

• (3) The licensing authority shall grant a London PHV operator’s licence to the applicant if the authority is satisfied that—

• (a) the applicant is a fit and proper person to hold a London PHV operator’s licence;

• (aa) if the applicant is an individual, the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle; and

• (b) any further requirements that may be prescribed (which may include requirements relating to operating centres) are met.

• (3A) In determining for the purposes of subsection (3) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.

• (4) A London PHV operator’s licence shall be granted subject to such conditions as may be prescribed and such other conditions as the licensing authority may think fit.

• (5) Subject to section 3A, a London PHV operator’s licence shall be granted for five years or such shorter period as the licensing authority may consider appropriate in the circumstances of the case.

• (6) A London PHV operator’s licence shall—

• (a) specify the address of any premises in London which the holder of the licence may use as an operating centre;

• (b) be in such form and contain such particulars as the licensing authority may think fit.

• (7) An applicant for a London PHV operator’s licence may appeal to a magistrates’ court against—

• (a) a decision not to grant such a licence;

• (b) a decision not to specify an address proposed in the application as an operating centre; or

• (c) any condition (other than a prescribed condition) to which the licence is subject.

Obligations of London operators

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• (1) The holder of a London PHV operator’s licence (in this Act referred to as a “London PHV operator”) shall not in London accept a private hire booking other than at an operating centre specified in his licence.

• (2) A London PHV operator shall secure that any vehicle which is provided by him for carrying out a private hire booking accepted by him in London is—

• (a) a vehicle for which a London PHV licence is in force driven by a person holding a London PHV driver’s licence; or

• (b) a London cab driven by a person holding a London cab driver’s licence.

• (3) A London PHV operator shall—

• (a) display a copy of his licence at each operating centre specified in the licence;

• (b) keep at each specified operating centre a record in the prescribed form of the private hire bookings accepted by him there;

• (c) before the commencement of each journey booked at a specified operating centre, enter in the record kept under paragraph (b) the prescribed particulars of the booking;

• (d) keep at the specified operating centre or, where more than one operating centre is specified, at one of the operating centres such records as may be prescribed of particulars of the private hire vehicles and drivers which are available to him for carrying out bookings accepted by him at that or, as the case may be, each centre;

• (da) where more than one operating centre is specified—

• (i) give notice to the licensing authority, and

• (ii) display at each specified operating centre a notice,

stating the address of the operating centre at which the records are kept under paragraph (d);

• (e) at the request of a constable or authorised officer, produce for inspection any record required by this section to be kept.

• (4) If a London PHV operator ceases to use an operating centre specified in his licence he shall preserve any record he was required by this section to keep there for such period as may be prescribed.

• (5) A London PHV operator who 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.

• (6) It is a defence in proceedings for an offence under this section for an operator to show that he exercised all due diligence to avoid committing such an offence.

Hirings accepted on behalf of another operator

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• (1) A London PHV operator (“the first operator”) who has in London accepted a private hire booking may not arrange for another operator to provide a vehicle to carry out that booking as sub-contractor unless—

• (a) the other operator is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London;

• (b) the other operator is licensed under section 55 of the Local Government (Miscellaneous Provisions) Act 1976 (in this Act referred to as “the 1976 Act”) by the council of a district and the sub-contracted booking is accepted in that district; or

• (c) the other operator accepts the sub-contracted booking in Scotland.

• (2) A London PHV operator who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) It is a defence in proceedings for an offence under this section for an operator to show that he exercised all due diligence to avoid committing such an offence.

• (4) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the first operator and the person who made the booking.

• (5) For the avoidance of doubt (and subject to any relevant contract terms), a contract of hire between a person who made a private hire booking at an operating centre in London and the London PHV operator who accepted the booking remains in force despite the making of arrangements by that operator for another contractor to provide a vehicle to carry out that booking as sub-contractor.

Regulation of private hire vehicles in London

Requirement for private hire vehicle licence

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• (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 Civic 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.

London PHV licences

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

• (2) The licensing authority shall grant a London PHV licence for a vehicle if the 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 Road 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 licensing authority may think fit.

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

• (6) A London PHV licence shall be granted for one year or for such shorter period as the licensing 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.

Obligations of owners of licensed vehicles

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• (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 licensing authority within such period and at such place as the 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 Road 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 licensing 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 licensing 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.

Fitness of licensed vehicles

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• (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.

Identification of licensed vehicles

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• (1) The licensing 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 licensing 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 the 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.

Prohibition of taximeters

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• (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).

Regulation of drivers of private hire vehicles in London

Requirement for private hire vehicle driver’s licence

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• (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,