Private Hire Vehicles (London) Act 1998
| Jurisdiction | UK Non-devolved |
| Citation | 1998 c. 34 |
| Year | 1998 |
Private Hire Vehicles (London) Act 1998
1998 Chapter 34
An Act to provide for the licensing and regulation of private hire vehicles, and drivers and operators of such vehicles, within the metropolitan police district and the City of London and for connected purposes.
[28th July 1998]
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:—
Introductory
1 Meaning of ‘private hire vehicle’, ‘operator’ and related expressions.
(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 to the public for hire for the purpose of carrying passengers, other than a licensed taxi or a public service vehicle and
(b) ‘operator’ means a person who makes provision for the invitation or acceptance of, or who accepts, private hire bookings.
(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 operat or).
(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
2 Requirement for London operator's licence.
(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.
3 London operator's licences.
(1) Any person may apply to the Secretary of State 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 Secretary of State shall grant a London PHV operator's licence to the applicant if he is satisfied that—
(a) the applicant is a fit and proper person to hold a London PHV operator's licence and
(b) any further requirements that may be prescribed (which may include requirements relating to operating centres) are met.
(4) A London PHV operator's licence shall be granted subject to such conditions as may be prescribed and such other conditions as the Secretary of State may think fit.
(5) A London PHV operator's licence shall be granted for five years or such shorter period as the Secretary of State 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 Secretary of State 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.
4 Obligations of London operators.
(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 each specified operating centre 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 centre
(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 e xercised all due diligence to avoid committing such an offence.
5 Hirings accepted on behalf of another operator.
(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 p erson 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
6 Requirement for private hire vehicle licence.
(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...
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