Pedicabs (London) Bill (HC Bill 154)

A

BILL

TO

Provide for the regulation of the carrying of passengers in Greater London by
pedal cycles and power-assisted pedal cycles for hire or reward; and for
connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Power to regulate pedicabs

(1) Transport for London may make regulations for the purpose of regulating the use of
pedicabs in public places in Greater London for hire or reward (“pedicab regulations”).

(2) In this Act—

  • 5“pedicab” means a pedal cycle, or a pedal cycle in combination with a
    trailer, constructed or adapted for carrying one or more passengers;

  • “public place” means a place to which the public have access (whether or
    not on payment).

(3) Before making pedicab regulations, Transport for London must consult
10whoever it considers appropriate.

(4) Later sections of this Act contain specific examples of provision that may be
made by pedicab regulations.

2 Licences, fares and other matters

(1) Pedicab regulations may make provision for the licensing by Transport for
15London of pedicabs, their drivers or their operators, including provision
about—

(a) conditions of licences;

(b) the duration, renewal, variation, suspension or revocation of licences;

(c) the display or production of licences.

(2) 20Pedicab regulations may provide for a fee to be payable—

(a) by an applicant for a licence or an applicant for variation or renewal of a
licence;

Pedicabs (London) BillPage 2

(b) by a person who is granted a licence or whose licence is varied or renewed.

(3) The fees may be set at a level that enables the recovery of any costs incurred by
Transport for London by virtue of the regulations.

(4) Pedicab regulations may make provision about fares for pedicabs, including
5provision about—

(a) what fares may be charged;

(b) when and how passengers are to be made aware of fares.

(5) Pedicab regulations may make provision about—

(a) eligibility requirements for drivers or operators of pedicabs;

(b) 10the quality, roadworthiness or cleanliness of pedicabs;

(c) safety requirements or insurance requirements;

(d) equipment that may or must be carried on pedicabs;

(e) the appearance or marking of pedicabs;

(f) the testing of pedicabs;

(g) 15speed restrictions;

(h) the working conditions of drivers;

(i) the conduct of drivers.

(6) Pedicab regulations may—

(a) prohibit drivers from using pedicabs for standing or plying for hire—

(i) 20in specified places,

(ii) at specified times, or

(iii) in other specified circumstances;

(b) make provision to prevent pedicabs from operating in specified places,
at specified times or in other specified circumstances;

(c) 25make provision to restrict the number of pedicabs operating in
specified places or at specified times.

(7) Pedicab regulations may impose requirements on drivers or operators of
pedicabs.

(8) Pedicab regulations may confer a discretion on Transport for London.

(9) 30Pedicab regulations may confer power on Transport for London to authorise
others to carry out functions under the regulations on their behalf.

3 Enforcement

(1) Pedicab regulations may create offences relating to—

(a) the provision of false or misleading information in connection with
35applications for licences, or the renewal or variation of licences, or
decisions about licences;

(b) failure to comply with requirements, prohibitions or restrictions
imposed by the regulations.

(2) The regulations—

(a) 40must provide for any offences to be triable summarily only, and

(b) may only provide for offences to be punishable with a fine not
exceeding a level on the standard scale specified in the regulations,
which may not exceed level 4.

Pedicabs (London) BillPage 3

(3) The regulations may—

(a) make provision authorising Transport for London to impose civil
penalties in respect of conduct described in subsection (1) (as well as, or
instead of, provision for the conduct to be an offence);

(b) 5make provision for the enforcement of such penalties.

(4) Pedicab regulations may authorise the immobilisation, seizure, retention and
disposal of pedicabs that contravene, or are used in contravention of, the
regulations.

(5) Pedicab regulations may confer functions on a constable in connection with the
10enforcement of the regulations.

4 Appeals

(1) Pedicab regulations must provide for a person to whom any relevant decision
relates to have the right—

(a) to request that the decision is reconsidered, and

(b) 15to appeal to a magistrates’ court.

(2) A “relevant decision” means—

(a) a decision to refuse to grant or vary a licence;

(b) a decision to vary, suspend or revoke a licence;

(c) a decision to impose a civil penalty;

(d) 20a decision to take action under section 3(4).

(3) The regulations may make further provision about reconsideration or appeals,
including—

(a) procedural provision (including time limits);

(b) provision for a licence to remain in force until—

(i) 25the period allowed for making a request has expired and, if a
request is made, the decision has been reconsidered, and

(ii) the period allowed for appealing has expired and, if an appeal
is made, the appeal has been finally disposed of;

(c) provision prohibiting Transport for London or another person from
30taking specified action during any such period.

5 Procedure for pedicab regulations

(1) The power to make pedicab regulations is exercisable by statutory instrument.

(2) A statutory instrument containing pedicab regulations is subject to annulment
in pursuance of a resolution of either House of Parliament.

(3) 35The Statutory Instruments Act 1946 applies to an instrument containing
regulations under this Act as if they had been made by a Minister of the Crown.

(4) Pedicab regulations—

(a) may make different provision for different purposes;

(b) may contain incidental, supplemental, consequential, transitional or
40saving provision.

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6 Interpretation

In this Act—

  • “civil penalty” means a civil penalty under pedicab regulations;

  • “licence” means a licence under pedicab regulations;

  • 5“pedal cycle” includes a power-assisted pedal cycle;

  • “pedicab” has the meaning given by section 1(2);

  • “pedicab regulations” means regulations under section 1(1);

  • “public place” has the meaning given by section 1(2);

  • “specified” means specified in, or determined in accordance with, pedicab
    10regulations.

7 Commencement

This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

8 Extent

15This Act extends to England and Wales.

9 Short title

This Act may be cited as the Pedicabs (London) Act 2018.