Local Transport Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Local Transport Bill [HL]

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
41

45
Traffic regulation conditions for anticipated traffic problems
(1)
Section 7 of the TA 1985 (application of traffic regulation conditions to local
services subject to registration under section 6 of that Act) is amended as
follows.
(2)
In subsection (1) (traffic authority requesting traffic commissioner to exercise
5
powers in relation to a particular traffic problem) after “particular traffic
problem” insert “which has arisen or which the authority reasonably foresees
is likely to arise”.
(3)
In subsection (4) (traffic commissioner to be satisfied that the conditions are
required for certain purposes) for “are required” substitute “are, or are likely to
10
be, required”.
46
Transport Tribunal to decide appeals against traffic regulation conditions
(1)
Section 9 of the TA 1985 (appeals against traffic regulation conditions) is
amended as follows.
(2)
In subsection (1) (appeals are to the Secretary of State) for “the Secretary of
15
State” substitute “the Transport Tribunal”.
(3)
Omit subsections (3) and (4).
(4)
For subsection (5) (further appeal) substitute—
“(5)
An appeal lies (in accordance with paragraph 14 of Schedule 4 to this
Act) at the instance of any of the persons mentioned in subsection (6)
20
below from a decision of the Transport Tribunal on an appeal under
this section.”.
(5)
In subsection (6)—
(a)
for “the Secretary of State” substitute “the Transport Tribunal”;
(b)
for “him” (in both places) substitute “the tribunal”.
25
(6)
Omit subsections (7) to (9).
47
Fees for registration of services
(1)
Section 126(1) of the TA 1985 (application of section 52 of the PPVA 1981, which
relates to fees, to registration of local services etc) is amended as follows.
(2)
In paragraph (a) after “for the variation” insert “or cancellation”.
30
(3)
After paragraph (a) insert—
“(aa)
the continuation in force of registrations under that section;”.
Use of taxis and hire cars to provide local services
48
Use of private hire vehicles to provide local services
(1)
Section 12 of the TA 1985 (use of taxis in providing local services) is amended
35
as follows.
(2)
In subsection (1) (application by holder of taxi licence for special licence to
provide local service by means of licensed taxis)—

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(a)
after “a taxi licence” insert “or a private hire vehicle licence”;
(b)
in paragraph (b) after “licensed taxis” insert “or licensed hire cars”.
(3)
In subsection (5)—
(a)
after “a taxi licence” insert “or a private hire vehicle licence”;
(b)
for “the taxi licence of the vehicle in question” substitute “the relevant
5
licence for that vehicle”.
(4)
In subsection (7) for “taxi licences” substitute “relevant licences”.
(5)
In subsection (8) after “a licensed taxi” insert “or a licensed hire car”.
(6)
In subsection (9) after “a licensed taxi” insert “or a licensed hire car”.
(7)
In subsection (10) for the words from “Such provisions” to “being so used;”
10
substitute “At any time when a licensed taxi or a licensed hire car is being so
used the prescribed provisions of the taxi code or, as the case may be, the hire
car code shall apply in relation to it;”.
(8)
After subsection (10) insert—
“(10A)
In subsections (9) and (10) “prescribed” means prescribed by the
15
appropriate authority.”.
(9)
In consequence of the amendments made by this section, in the heading to
section 12 after “taxis” there is inserted “or hire cars”.
49
Application of certain provisions about taxis and hire cars to London
(1)
Section 13 of the TA 1985 (provisions supplementary to sections 10 to 12) is
20
amended as follows.
(2)
In subsection (1) (power to modify codes for purposes of sections 10 to 12)—
(a)
for “The Secretary of State” substitute “The appropriate authority”;
(b)
for “he” substitute “it”.
(3)
Subsection (3) (interpretation of terms used in sections 10 to 12) is amended as
25
follows.
(4)
Before the definition of “licensed taxi” insert the following definition—
““the appropriate authority” means—
(a)
in relation to—
(i)
a taxi licensed under section 37 of the Town Police
30
Clauses Act 1847 or any similar enactment which
applies outside the London taxi area,
(ii)
a licensed hire car licensed under section 48 of the Local
Government (Miscellaneous Provisions) Act 1976, or
(iii)
a taxi or private hire car licensed under section 10 of the
35
Civic Government (Scotland) Act 1982,

the Secretary of State;
(b)
in relation to—
(i)
a taxi licensed under section 6 of the Metropolitan Public
Carriage Act 1869, or
40
(ii)
a licensed hire car licensed under section 7 of the Private
Hire Vehicles (London) Act 1998,

Transport for London;”.

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(5)
For the definition of “licensed hire car” substitute—
““licensed hire car” means—
(a)
in England and Wales—
(i)
for the purposes of section 11 of this Act, a
vehicle licensed under section 48 of the Local
5
Government (Miscellaneous Provisions) Act
1976 or section 7 of the Private Hire Vehicles
(London) Act 1998,
(ii)
for the purposes of section 12 of this Act, a
vehicle licensed under section 48 of the Local
10
Government (Miscellaneous Provisions) Act
1976;
(b)
in Scotland, a private hire car licensed under section 10
of the Civic Government (Scotland) Act 1982;”.
(6)
After the definition of “taxi licence” insert—
15
“ “relevant licence” means—
(a)
in relation to a licensed taxi, a taxi licence, and
(b)
in relation to a licensed hire car, a private hire vehicle
licence;
“private hire vehicle licence” means—
20
(a)
in England and Wales, a licence under section 48 of the
Local Government (Miscellaneous Provisions) Act 1976;
(b)
in Scotland, a private hire car licence under section 10 of
the Civic Government (Scotland) Act 1982.”.
(7)
In the definition of “hire car code”, after “used as mentioned in section 11”
25
insert “or 12”.
(8)
After section 13 of the TA 1985 insert—
“13A
Application of sections 10 to 13 to London
(1)
Transport for London may by order provide that section 12 of this Act
is to apply to vehicles licensed under section 7 of the Private Hire
30
Vehicles (London) Act 1998 as it applies to vehicles licensed under
section 48 of the Local Government (Miscellaneous Provisions) Act
1976.
(2)
An order under subsection (1) of this section may amend the definitions
of “licensed hire car” and “private hire vehicle licence” in section 13 of
35
this Act accordingly.
(3)
Transport for London must consult such representative organisations
as it thinks fit before making—
(a)
regulations under section 12(9) or (10) of this Act;
(b)
an order under section 13(1) of this Act or subsection (1) of this
40
section.
(4)
Any power of Transport for London to make—
(a)
regulations under section 12(9) or (10) of this Act, or
(b)
an order under section 13(1) of this Act,

includes a power to vary or revoke any previous such regulations or
45
order (as the case may be).

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Part 4 — General provisions relating to passenger transport
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(5)
Subsection (4) applies notwithstanding that the previous regulations
were made, or the previous order was made, by the Secretary of State
by statutory instrument.
(6)
Transport for London must print and publish—
(a)
any regulations made by it under section 12(9) or (10) of this
5
Act;
(b)
any order made by it under section 13(1) of this Act or
subsection (1) of this section.
(7)
Transport for London may charge a fee for the sale of copies of any
regulations, or any order, printed under subsection (6).”.
10
50
Carrying of passengers in wheelchairs in vehicles providing local services
(1)
Section 36 of the Disability Discrimination Act 1995 (c. 50) (carrying of
passengers in wheelchairs) is amended as follows.
(2)
In subsection (1)(b) for “taxi” substitute “vehicle”.
(3)
After subsection (1) insert—
15
“(1A)
This section also imposes duties on the driver of a designated vehicle
other than a regulated taxi if—
(a)
the designated vehicle is being used to provide a local service
(within the meaning of section 2 of the Transport Act 1985), and
(b)
a person falling within paragraph (a) or (b) of subsection (1) has
20
indicated to the driver that he wishes to travel on the service.”.
(4)
In each of subsections (2), (3) and (4) for “taxi” (wherever occurring) substitute
“vehicle”.
(5)
In subsection (5) after “a regulated taxi” insert “or designated vehicle”.
(6)
In subsection (6)—
25
(a)
after “at the time of the alleged offence” insert—
“(a)
in the case of a regulated taxi,”;
(b)
after “it was required to conform,” insert—
“(b)
in the case of a designated vehicle, the vehicle
conformed to the accessibility requirements which
30
applied to it,”;
(c)
for the word “taxi” (in the last place where it appears) substitute
“vehicle”.
(7)
After subsection (9) insert—
“(10)
The driver of a designated vehicle is exempt from the duties imposed
35
by this section if—
(a)
a certificate of exemption issued to him under this section is in
force; and
(b)
he is carrying the certificate on the vehicle.
(11)
The driver of a designated vehicle who is exempt under subsection (10)
40
must show the certificate, on request, to a person falling within
paragraph (a) or (b) of subsection (1).”.

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(8)
After subsection (11) insert—
“(12)
In this section—
“designated vehicle” means a vehicle which appears on a list
maintained under section 36A;
“licensing authority” has the meaning given by section 36A.”.
5
51
Carrying of passengers in wheelchairs: supplementary provisions
(1)
The Disability Discrimination Act 1995 (c. 50) is amended as follows.
(2)
After section 36 insert—
“36A
List of wheelchair-accessible vehicles providing local services
(1)
A licensing authority may maintain a list of vehicles falling within
10
subsection (2).
(2)
A vehicle falls within this subsection if—
(a)
it is either a taxi or a private hire vehicle,
(b)
it is being used or is to be used by the holder of a special licence
under that licence, and
15
(c)
it conforms to such accessibility requirements as the licensing
authority thinks fit.
(3)
“Accessibility requirements” are any requirements for the purpose of
securing that it is possible for disabled persons in wheelchairs—
(a)
to get into and out of vehicles in safety, or to be conveyed in
20
safety into and out of vehicles while remaining in their
wheelchairs; and
(b)
to be carried in vehicles in safety and reasonable comfort
(whether or not they wish to remain in their wheelchairs).
(4)
The Secretary of State may issue guidance to licensing authorities as
25
to—
(a)
the accessibility requirements which they should apply for the
purposes of this section;
(b)
any other aspect of their functions under or by virtue of this
section.
30
(5)
A licensing authority which maintains a list under subsection (1) must
have regard to any guidance issued under subsection (4).
(6)
In this section—
“licensing authority”, in relation to any area, means the authority
responsible for licensing taxis or, as the case may be, private
35
hire vehicles in that area;
“private hire vehicle” means—
(a)
a vehicle licensed under section 48 of the Local
Government (Miscellaneous Provisions) Act 1976;
(b)
a vehicle licensed under section 7 of the Private Hire
40
Vehicles (London) Act 1998;
(c)
a vehicle licensed under an equivalent provision of a
local enactment;

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(d)
a private hire car licensed under section 10 of the Civic
Government (Scotland) Act 1982;
“special licence” has the meaning given by section 12 of the
Transport Act 1985 (use of taxis in providing local services);
“taxi” includes a taxi licensed under section 10 of the Civic
5
Government (Scotland) Act 1982.”.
(3)
Section 38 (appeal against refusal of exemption certificate) is amended as
follows.
(4)
In subsection (1) after “a magistrates’ court” insert “or, in Scotland, the sheriff
court”.
10
(5)
In subsection (2) for “this section” substitute “subsection (1)”.
(6)
At the end of the section insert—
“(4)
Any person who is aggrieved by the decision of a licensing authority to
include a vehicle on a list maintained under section 36A may appeal to
a magistrates’ court or, in Scotland, the sheriff court before the end of
15
the period of 28 days beginning with the date of the inclusion.
(5)
In this section “licensing authority” has the meaning given by section
36A.”.
(7)
In consequence of the amendments made by subsections (4) to (6), the heading
to section 38 becomes “Appeals”.
20
(8)
In section 68(1) (interpretation), in the definition of “licensing authority”, for
“section 37A” substitute “sections 36, 36A, 37A and 38”.
(9)
In section 70 (commencement etc) after subsection (2) insert—
“(2A)
The following provisions of this Act—
(a)
section 36 so far as it applies to designated vehicles,
25
(b)
section 36A, and
(c)
section 38 (which has already been brought in force in England
and Wales by an order under subsection (3)) so far as it extends
to Scotland,

come into force 2 months after the passing of the Local Transport Act
30
2008.”.
Vehicles used under permits
52
Permits in relation to use of vehicles by educational and other bodies
(1)
Section 19 of the TA 1985 (permits in relation to the use of buses by educational
and other bodies) is amended as follows.
35
(2)
In subsection (1) (definitions for sections 19 to 21) in the definition of “permit”
for “a bus” substitute “a public service vehicle”.
(3)
In subsection (2) (requirements that must be met for use of a bus under a permit
to be exempt from operator licensing)—
(a)
for “a bus” substitute “a public service vehicle”;
40
(b)
for “section 18(a)” substitute “section 18(1)(a)”;
(c)
for “the bus” substitute “the vehicle”.

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(4)
In subsection (3) (grant by designated body of permits relating to use of a small
bus) for “a small bus” substitute “a public service vehicle other than a large
bus”.
(5)
In subsection (4) (grant by traffic commissioner of permits relating to use of a
small bus) for “a small bus” substitute “a public service vehicle other than a
5
large bus”.
(6)
In subsection (7) (grant of permits by bodies designated by the Secretary of
State) in paragraph (c)—
(a)
after “may require the body to make returns” insert “and keep records”,
and
10
(b)
after “with regard to the permits granted” insert “, varied or revoked”.
(7)
In subsection (9) (only one bus to be used at one time under same permit) for
“bus” substitute “vehicle”.
(8)
In consequence of the amendments made by this section, the heading to section
19 becomes “Permits in relation to use of public service vehicles by educational
15
and other bodies”.
53
Further provision with respect to such permits
(1)
Section 20 of the TA 1985 (further provision with respect to permits under
section 19) is amended as follows.
(2)
In subsection (4)(a) (attachment of conditions) for “bus” substitute “vehicle”.
20
(3)
In subsection (5)(b) (variation or revocation of permit) for “bus” substitute
“vehicle”.
(4)
Section 21 of the TA 1985 (regulations with respect to permits under section 19)
is amended as follows.
(5)
In subsection (1)—
25
(a)
in paragraph (a), for “a bus” substitute “a public service vehicle”;
(b)
in paragraph (d), for “any bus” substitute “any vehicle”.
(6)
At the end of the section insert—
“(4)
See also section 23A of this Act (power to limit permits under section 19
or 22 to 5 years).”.
30
54
Relaxation of rules relating to community bus services
(1)
Section 22 of the TA 1985 (community bus permits) is amended as follows.
(2)
In subsection (1), in paragraph (c) of the definition of “community bus service”
(service must be provided by means of vehicle adapted to carry more than 8
but not more than 16 passengers) omit the words “but not more than sixteen”.
35
(3)
Section 23 of the TA 1985 (further provisions with respect to community bus
permits) is amended as follows.
(4)
In subsection (2) (requirements) omit paragraph (a) (no payment for driver
except expenses and loss of earnings).