Private Hire Vehicles (London) Bill - continued        House of Commons
Licences: general provisions - continued

back to previous text
 
Production of documents.     21. - (1) The holder of a London PHV operator's licence or a London PHV driver's licence shall at the request of a constable or authorised officer produce his licence for inspection.
 
      (2) The owner of a vehicle to which a London PHV licence relates shall at the request of a constable or authorised officer produce for inspection-
 
 
    (a) the London PHV licence for that vehicle;
 
    (b) the certificate of the policy of insurance or security required in respect of the vehicle by Part VI of the Road Traffic Act 1988.
      (3) A document required to be produced under this section shall be produced either forthwith or-
 
 
    (a) if the request is made by a constable, at any police station within London nominated by the licence holder or vehicle owner when the request is made, or
 
    (b) if the request is made by an authorised officer, at such place as the officer may reasonably require,
  before the end of the period of 6 days beginning with the day on which the request is made.
 
      (4) A person who without reasonable excuse contravenes this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
Return of licences, etc.     22. - (1) The holder of a London PHV operator's licence shall return the licence to the Secretary of State after the expiry or revocation of that licence, within the period of 7 days after the day on which the licence expires or the revocation takes effect.
 
      (2) The owner of a vehicle to which a London PHV licence relates shall return the licence and the plate or disc which was issued for the vehicle under section 10 to the Secretary of State after the expiry or revocation of that licence within the period of 7 days after the day on which the licence expires or the revocation takes effect.
 
      (3) The holder of a London PHV driver's licence shall return the licence and his driver's badge to the Secretary of State after the expiry or revocation of that licence, within the period of 7 days after the day on which the licence expires or the revocation takes effect.
 
      (4) On the suspension of a licence under this Act, the Secretary of State, a constable or an authorised officer may by notice direct the holder of the licence, or the owner of the vehicle, to return the licence to him within the period of 7 days after the day on which the notice is served on that person.
 
      A direction under this subsection may also direct-
 
 
    (a) the return by the vehicle owner of the disc or plate which was issued for the vehicle under section 10 (in the case of a London PHV licence); or
 
    (b) the return by the licence holder of the driver's badge (in the case of a London PHV driver's licence).
      (5) A person who without reasonable excuse fails to comply with any requirement or direction under this section to return a licence, disc, plate or badge is guilty of an offence.
 
      (6) A person guilty of an offence under this section is liable on summary conviction-
 
 
    (a) to a fine not exceeding level 3 on the standard scale; and
 
    (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.
      (7) A constable or authorised officer is entitled to remove and retain the plate or disc from a vehicle to which an expired, suspended or revoked London PHV licence relates following-
 
 
    (a) a failure to comply with subsection (2) or a direction under subsection (4);
 
    (b) a suspension or revocation of the licence which has immediate effect by virtue of section 9(3) or 17(2).
Register of licences.     23. - (1) The Secretary of State shall maintain a register containing the following particulars for each licence issued under this Act, namely-
 
 
    (a) the number of the licence, the name and address of the person to whom it is granted, the date on which it is granted and the expiry date; and
 
    (b) such other particulars as may be prescribed.
      (2) The register shall be available for inspection free of charge by members of the public at such place or places, and during such hours, as are determined by the Secretary of State.
 
Delegation of functions by the Secretary of State.     24. - (1) The functions of the Secretary of State under this Act (apart from any power to make subordinate legislation) may be exercised by any person appointed by the Secretary of State for the purpose to such extent and subject to such conditions as may be specified in the appointment.
 
      (2) An appointment under this section may authorise the person appointed to retain any fees received by him.
 
      (3) It is the duty of a person appointed under this section to comply with any directions given to him by the Secretary of State in relation to the exercise of functions under this Act.
 
Appeals.     25. - (1) This section applies to any appeal which lies under this Act to a magistrates' court against a decision of the Secretary of State, a constable or an authorised officer in relation to, or to an application for, a licence under this Act.
 
      (2) If the Secretary of State has exercised the power to delegate functions under section 24, such an appeal shall be heard by the magistrates' court for the petty sessions area in which the person to whom the functions have been delegated has his office or principal office.
 
      (3) Any such appeal shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.
 
      (4) The time within which a person may bring such an appeal is 21 days from the date on which notice of the decision appealed against is served on him.
 
      (5) In the case of a decision where an appeal lies, the notice of the decision shall state the right of appeal to a magistrates' court and the time within which an appeal may be brought.
 
      (6) An appeal against any decision of a magistrates' court in pursuance of an appeal to which this section applies shall lie to the Crown Court at the instance of any party to the proceedings in the magistrates' court.
 
      (7) Where on appeal a court varies or reverses any decision of the Secretary of State, a constable or an authorised officer, the order of the court shall be given effect to by the Secretary of State or, as the case may be, a constable or authorised officer.
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 1998
Prepared 25 June 1998