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| Prohibition of taximeters. |
11. - (1) No vehicle to which a London PHV licence relates shall be equipped with a taximeter.
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(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.
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(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).
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Regulation of drivers of private hire vehicles in London |
| Requirement for private hire vehicle driver's licence. |
12. - (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.
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(2) The driver and operator of a vehicle used in contravention of this section are each guilty of an offence.
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(3) The owner of a vehicle who permits it to be used in contravention of this section is guilty of an offence.
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(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.
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(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.
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(6) In this section "private hire vehicle driver's licence" means-
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(a) except where paragraph (b) or (c) applies, a London PHV driver's licence; |
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(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 |
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(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, |
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and for the purposes of paragraph (b) or (c) it is immaterial that the booking in question is a sub-contracted booking.
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(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.
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| London PHV driver's licences. |
13. - (1) Any person may apply to the Secretary of State for a private hire vehicle driver's licence for London (in this Act referred to as a "London PHV driver's licence").
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(2) The Secretary of State shall grant a London PHV driver's licence to an applicant if he is satisfied that-
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(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 |
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(b) the requirement mentioned in subsection (3), and any further requirements prescribed by the Secretary of State, are met. |
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(3) The Secretary of State shall require applicants to show to his satisfaction (whether by taking a test or otherwise) that they possess a level-
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(a) of knowledge of London or parts of London; and |
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(b) of general topographical skills, |
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which appears to him to be appropriate .
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The Secretary of State may impose different requirements in relation to different applicants.
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(4) The Secretary of State 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.
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(5) A London PHV driver's licence-
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(a) may be granted subject to such conditions as the Secretary of State may think fit; |
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(b) shall be in such form and shall contain such particulars as the Secretary of State may think fit; and |
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(c) shall be granted for three years or for such shorter period as the Secretary of State may consider appropriate in the circumstances of the particular case. |
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(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.
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(7) For the purposes of subsection (2), a person is authorised to drive a motor car if-
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(a) he holds a licence granted under Part III of the Road Traffic Act 1988 (other than a provisional licence) authorising him to drive a motor car; or |
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(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. |
| Issue of driver's badges. |
14. - (1) The Secretary of State shall issue a badge to each person to whom he has granted a London PHV driver's licence.
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(2) The Secretary of State may prescribe the form of badges issued under this section.
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(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.
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(4) The Secretary of State 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 he considers it inappropriate (having regard to that service) to require the badge to be worn.
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(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.
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Licences: general provisions |
| Applications for licences. |
15. - (1) An application for the grant of a licence under this Act shall be made in such form, and include such declarations and information, as the Secretary of State may require.
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(2) The Secretary of State may require an applicant to furnish such further information as he may consider necessary for dealing with the application.
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(3) The information which an applicant for a London PHV operator's licence may be required to furnish includes in particular information about-
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(a) any premises in London which he proposes to use as an operating centre; |
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(b) any convictions recorded against him; |
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(c) any business activities he has carried on before making the application; |
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(d) if the applicant is or has been a director or secretary of a company, that company; |
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(e) if the applicant is a company, information about the directors or secretary of that company; |
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(f) if the applicant proposes to act as an operator in partnership with any other person, information about that person. |
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(4) An applicant for a London PHV driver's licence may be required by the Secretary of State-
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(a) to produce a certificate signed by a registered medical practitioner to the effect that- |
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(i) he is physically fit to be the driver of a private hire vehicle; and
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(ii) if any specific requirements of physical fitness have been prescribed for persons holding London PHV licences, that he meets those requirements; and
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(b) whether or not such a certificate has been produced, to submit to examination by a registered medical practitioner selected by the Secretary of State as to his physical fitness to be the driver of such a vehicle. |
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(5) The provisions of this Act apply to the renewal of a licence as they apply to the grant of a licence.
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