Office of Public Sector Information
PART I continued
(1)If a traffic authority asks him to exercise his powers under this section in relation to a particular traffic problem, the traffic commissioner for any traffic area may determine conditions (“traffic regulation conditions”) which must be met in the provision of services in the area to which the conditions are expressed to apply.
(2)In this section “service” means any local service to which section 6 of this Act applies.
(3)The area to which traffic regulation conditions may be expressed to apply is any part of the traffic area of the traffic commissioner determining them.
(4)No traffic commissioner shall determine traffic regulation conditions unless he is satisfied, after considering the traffic in the area in question, that such conditions are required in order to—
(a)prevent danger to road users; F1. . .
(b)reduce severe traffic congestion [F2; or
(c)reduce or limit noise or air pollution.]
(5)In considering what traffic regulation conditions to apply to a particular area a traffic commissioner shall have regard in particular to the interests of—
(a)those who have registered under section 6 of this Act services which are or will be operated in the area;
(b)those who are, or are likely to be, users of such services; and
(c)persons who are elderly or disabled.
(6)The purposes for which traffic regulation conditions may be determined are the regulation of—
(a)the routes of services;
(b)the stopping places for services;
(c)when vehicles used in providing services may stop at such stopping places and for how long they may do so; and
(d)such other matters as may be prescribed.
(7)Subject to subsection (8) below, traffic regulation conditions shall apply—
(a)to all services operated in the area to which the conditions are expressed to apply; or
(b)to such class of service operated there as may be specified in the conditions.
(8)Where the traffic commissioner for any traffic area is satisfied that traffic regulation conditions applying generally to a particular part of his traffic area would be inappropriate as a means of achieving the regulation of traffic which he considers is required there, he may determine traffic regulation conditions which apply only to the service or services specified in the conditions.
(9)Before determining any traffic regulation conditions, a traffic commissioner shall hold an inquiry if he has received (within the prescribed period) a request for an inquiry from—
(a)the traffic authority which made the request under subsection (1) above;
(b)any other traffic authority likely to be affected by traffic regulation conditions determined in response to that request; or
(c)any person who has registered under section 6 of this Act a service which is or will be operated in the area in question;
and the request has not been withdrawn.
(10)Subsection (9) above shall not apply where the traffic commissioner is satisfied that the conditions should be determined without delay.
(11)Where, in reliance on subsection (10) above, a traffic commissioner determines traffic regulation conditions without first holding an inquiry, he shall hold one as soon as is reasonably practicable if any person mentioned in subsection (9)(a) or (c) above or any other traffic authority affected by the conditions has, before the end of the prescribed period, asked him to do so.
(12)Before asking a traffic commissioner to exercise his powers under this section in relation to a [F3a road for which the Secretary of State is the highway or roads authority], a traffic authority shall obtain leave of the Secretary of State; but leave given under this subsection shall not be taken to indicate the Secretary of State’s approval of any conditions determined by the traffic commissioner in response to the request.
(13)Traffic regulation conditions may make different provision with respect to the operation of any service to which they apply during different periods of the year, on different days of the week, or at different times during any period of 24 hours.
(14)A traffic commissioner may vary or revoke any traffic regulation conditions determined by him on being requested to do so by—
(a)any traffic authority; or
(b)the operator of any service affected by the conditions.
(15)In this section “traffic authority” means—
(a)in relation to England and Wales, the council of any metropolitan district or non-metropolitan county; and
(b)in relation to Scotland, the council of any [F4local government] area.
F1Word in s. 7(4)(a) repealed (1.2.2001 for E. and 14.8.2002 for W.) by 2000 c. 38, s. 274, Sch. 31 Pt. II; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3));S.I. 2002/2024, art. 2
Word in s. 7(4)(a) repealed (S.) (1.4.2001) by asp 2, s. 42 (with s. 66): S.S.I. 2001/132, art. 2(2), Sch. Pt. I
F2S. 7(4)(c) and the preceding word “or” inserted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 142; S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II (as amended by S.I. 2001/115, art. 3)); S.I. 2001/2788, art. 2, Sch. 1 para. 2
S. 7(4)(c) and the preceding word “or” inserted (S.) (1.4.2001) by asp 2, s. 42 (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I
F3Words in s. 7(12) substituted (S.)(1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 117(2); S.I. 1991/2286, art. 2(2), Sch. 2
Words in s. 7(12) substituted (E.W.)(1.11.1991) by New Roads and Street works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 Pt. IV para. 117(2): S.I. 1991/2288, art. 3, Sch.
F4Words in s. 7(15)(b) substituted (S.) (1.4.1996) by S.I. 1996/974, art. 2(1), Sch. 1 Pt. I para. 7(a)
C1S. 6-9 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 54 of Order
Ss. 6-9 restricted (E.W.) (26.10.2001 for E. and otherwiseprosp.) by 2000 c. 38, ss. 129(1)-(3), 275; S.I. 2001/3342, art. 2, Sch.
Ss. 6-9: power to modify conferred (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 134(2)(a); S.I. 2001/2788, art. 2, Sch. 1 para. 2; S.I. 2001/3342, art. 2, Sch.
C2S. 7(6)(d): functions transferred (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 2, Sch. (with art. 4)
C3S. 7(9): functions transferred (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 2, Sch. (with art. 4)
C4S. 7(11): functions transferred (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 2, Sch. (with art. 4)
(1)Where traffic regulation conditions have been determined under section 7 of this Act, it shall be the duty of the traffic commissioner by whom any relevant licence or permit has been granted to attach the conditions to that licence or, as the case may be, to that permit.
(2)In this section—
“licence” means a PSV operator’s licence;
“permit” means a permit under section 22 of this Act;
and a licence or permit is relevant for the purposes of this section if a local service registered under section 6 of this Act by the holder of the licence or permit is affected by the conditions.
(3)Where the traffic commissioner who determined the traffic regulation conditions and the traffic commissioner who granted the relevant licence or permit are different, it shall be the duty of the commissioner determining the conditions to send to the other commissioner—
(a)details of the conditions; and
(b)the name of the person registering the particulars of the local service.
(4)If traffic regulation conditions which have been attached to a licence or permit under this section are subsequently varied or revoked, it shall be the duty of the traffic commissioner or commissioners concerned to secure that the conditions as so attached are correspondingly varied or (as the case may be) removed.
(5)Traffic regulation conditions shall be of no effect to the extent to which they are incompatible with any provision made by or under any enactment prohibiting or restricting the use of any road by traffic.
(6)Where the operator of a local service is unable both to operate the service in accordance with the particulars of the service registered under section 6 of this Act and to comply with—
(a)traffic regulation conditions; or
(b)any other provision of a kind mentioned in subsection (5) above;
any failure to operate the service in accordance with those particulars which occurs at any time before the expiry of the prescribed period beginning with the coming into force of the conditions or provision shall be disregarded to the extent to which it is attributable to his having to comply with the conditions or provision.
C1S. 6-9 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 54 of Order
Ss. 6-9 restricted (E.W.) (26.10.2001 for E. and otherwiseprosp.) by 2000 c. 38, ss. 129(1)-(3), 275; S.I. 2001/3342, art. 2, Sch.
Ss. 6-9: power to modify conferred (E.W.) (1.8.2001 for E. and 26.10.2001 for W.) by 2000 c. 38, s. 134(2)(a); S.I. 2001/2788, art. 2, Sch. 1 para. 2; S.I. 2001/3342, art. 2, Sch.
(1)Any person to whom subsection (2) below applies may appeal to the Secretary of State against—
(a)the determination, variation or revocation of any traffic regulation conditions under section 7 of this Act; or
(b)the refusal by a traffic commissioner to comply with a request duly made under that section to determine, vary or revoke any such conditions.
(2)The persons to whom this subsection applies are—
(a)in relation to any determination, variation or revocation of conditions—
(i)any person who has registered under section 6 of this Act a local service which is, or is likely to be, affected by them; and
(ii)any traffic authority aggrieved by the decision in question; and
(b)in relation to any refusal to comply with a request, the person making the request.
(3)An appeal under this section must be made within the prescribed time and in the prescribed manner, and provision may be made by regulations as to the procedure to be followed in connection with such appeals.
(4)On the determination of an appeal under this section, the Secretary of State may confirm, vary or reverse the decision appealed against and may give such directions as he thinks fit to the traffic commissioner for giving effect to his decision.
(5)An appeal lies at the instance of any of the persons mentioned in subsection (6) below on any point of law arising from a decision of the Secretary of State on an appeal under this section—
(a)to the High Court, where the area of the traffic commissioner concerned is in England or Wales; and
(b)to the Court of Session, where it is in Scotland.
(6)The persons who may appeal against any such decision of the Secretary of State are—
(a)the person who appealed to him;
(b)any person who had a right to appeal to him against the relevant decision of the traffic commissioner but did not exercise that right;
(c)any traffic authority aggrieved by the decision; and
(d)the traffic commissioner whose decision was appealed against.
(7)If on an appeal under subsection (5) above the High Court or Court of Session is of opinion that the decision appealed against was erroneous in point of law, it shall remit the matter to the Secretary of State with the opinion of the court for rehearing and determination by him.
(8)No appeal to the Court of Appeal may be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.
(9)An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section; and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the House of Lords determine.
(10)In this section “traffic authority” has the same meaning as in section 7 of this Act.
C1S. 6-9 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 54 of Order
Ss. 6-9 restricted (E.W.) (26.10.2001 for E. and otherwise prosp.) by 2000 c. 38, ss. 129(1)-(3), 275; S.I. 2001/3342, art. 2, Sch.
Ss. 6-9: power to modify conferred (E.W.) (1.8.2001 for E. and 26.10.2001 for W.) by 2000 c. 38, s. 134(2)(a); S.I. 2001/2788, art. 2, Sch. 1 para. 2; S.I. 2001/3342, art. 2, Sch.
S. 9: functions transferred (1.10.2007) by The Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 (S.I. 2007/2139), art. 2, Sch. (with art. 4)
(1)In the circumstances mentioned in subsection (2) below, a licensed taxi may be hired for use for the carriage of passengers for hire or reward at separate fares without thereby—
(a)becoming a public service vehicle for the purposes of the 1981 Act or any related enactment; or
(b)ceasing (otherwise than by virtue of any provision made under section 13 of this Act) to be subject to the taxi code.
(2)The circumstances are that—
(a)the taxi is hired in an area where a scheme made under this section is in operation;
(b)the taxi is licensed by the licensing authority for that area; and
(c)the hiring falls within the terms of the scheme.
(3)In this section “licensing authority” means—
(a)in relation to the London taxi area, [F1Transport for London] or the holder for the time being of any office designated by [F1Transport for London] for the purposes of this section; and
(b)in relation to any other area in England and Wales, the authority having responsibility for licensing taxis in that area.
(4)For the purposes of this section, a licensing authority may make a scheme for their area and shall make such a scheme if the holders of at least ten per cent. of the current taxi licences issued by the authority request the authority in writing to do so.
(5)Any scheme made under this section shall—
(a)designate the places in the area from which taxis may be hired under the scheme (“authorised places”);
(b)specify the requirements to be met for the purposes of the scheme in relation to the hiring of taxis at separate fares; and
(c)F2. . .—
(i)include such provision, or provision of such description, as may be prescribed for the purposes of this sub-paragraph;
(ii)not include provision of any such description as may be prescribed for the purposes of this sub-paragraph.
(6)Subject to subsection (5) above, any scheme made under this section may, in particular, make provision with respect to—
(a)fares;
(b)the display of any document, plate, mark or sign for indicating an authorised place or that a taxi standing at an authorised place is available for the carriage of passengers at separate fares;
(c)the manner in which arrangements are to be made for the carriage of passengers on any such hiring as is mentioned in subsection (1) above; and
(d)the conditions to apply to the use of a taxi on any such hiring.
(7)A licensing authority may, subject to subsection (5) above, vary any scheme made by them under this section.
(8)F3. . . any scheme under this section, and any variation of such a scheme, shall be made in accordance with the prescribed procedure.
(9)For the purposes of this section—
(a)the hiring of a taxi falls within the terms of a scheme if—
(i)it is hired from an authorised place; and
(ii)the hiring meets the requirements specified by the licensing authority as those to be met for the purposes of the scheme; and
(b)a taxi is hired from an authorised place if it is standing at that place when it is hired and the persons hiring it are all present there.
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in s. 10(3)(a) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 8(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F2Words in s. 10(5)(c) repealed (3.7.2000) by 1999 c. 29, ss. 253, 423, Sch. 20 Pt. I para. 8(2)(b), Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F3Words in s. 10(8) repealed (3.7.2000) by 1999 c. 29, ss. 253, 423, Sch. 20 Pt. I para. 8(2)(c), Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F4S. 10(10) repealed (3.7.2000) by 1999 c. 29, ss. 253, 423, Sch. 20 Pt. I para. 8(2)(d), Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
(1)Where the conditions mentioned in subsection (2) below are met, a licensed taxi or licensed hire car may be used for the carriage of passengers for hire or reward at separate fares without thereby—
(a)becoming a public service vehicle for the purposes of the 1981 Act or any related enactment; or
(b)ceasing (otherwise than by virtue of any provision made under section 13 of this Act) to be subject to the taxi code or (as the case may be) the hire car code.
(2)The conditions are that—
(a)all the passengers carried on the occasion in question booked their journeys in advance; and
(b)each of them consented, when booking his journey, to sharing the use of the vehicle on that occasion with others on the basis that a separate fare would be payable by each passenger for his own journey on that occasion.
(1)Where the holder of a taxi licence—
(a)applies to the appropriate traffic commissioner for a restricted PSV operator’s licence to be granted to him under Part II of the 1981 Act; and
(b)states in his application that he proposes to use one or more licensed taxis to provide a local service;
section 14 of the 1981 Act (conditions to be met before grant of PSV operator’s licence) shall not apply and the commissioner shall grant the application.
(2)In this section “special licence” means a restricted PSV operator’s licence granted by virtue of this section.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Without prejudice to his powers to attach other conditions under section 16 of the 1981 Act, any traffic commissioner granting a special licence shall attach to it, under that section, the conditions mentioned in subsection (5) below.
(5)The conditions are—
(a)that every vehicle used under the licence shall be one for which the holder of the licence has a taxi licence; and
(b)that no vehicle shall be used under the licence otherwise than for the purpose of providing a local service with one or more stopping places within the area of the authority which granted the taxi licence of the vehicle in question.
(6)In subsection (5)(b) above “local service” does not include an excursion or tour.
(7)The maximum number of vehicles which the holder of a special licence may at any one time use under the licence shall be the number of vehicles for which (for the time being) he holds taxi licences; and a condition to that effect shall be attached to every special licence under section 16(1) of the 1981 Act.
(8)Section 1(2) of the 1981 Act (vehicle used as public service vehicle to be treated as such until that use is permanently discontinued) shall not apply to any use of a licensed taxi for the provision of a local service under a special licence.
(9)At any time when a licensed taxi is being so used it shall carry such documents, plates and marks, in such manner, as may be prescribed.
(10)Such provisions in the taxi code as may be prescribed shall apply in relation to a licensed taxi at any time when it is being so used; and any such provision may be so applied subject to such modifications as may be prescribed.
(11)For the purposes of section 12(3) of the 1981 Act (which provides that where two or more PSV operators’ licences are held they must be granted by traffic commissioners for different traffic areas), special licences shall be disregarded.
(12)A person may hold more than one special licence but shall not at the same time hold more than one such licence granted by the traffic commissioner for a particular traffic area.
(13)The following provisions shall not apply in relation to special licences or (as the case may be) the use of vehicles under such licences—
(a)sections 16(1A) and (2), 17(3)(d), 18 to 20 . . . F2 and 26 of the 1981 Act; and
(b)section 26(5) and (6) of this Act;
and for the purposes of section 12 of that Act this section shall be treated as if it were in Part II of that Act.
F1S. 12(3) repealed (1.1.1996) by 1994 c. 40, ss. 68, 81, Sch. 14 para. 8, Sch. 17; S.I. 1995/2835, art. 2
F2Word in s. 12 repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
C1S. 12(12) amended by S.I. 1986/1628, reg. 5(1)
(1)The Secretary of State may by order make such modifications of the taxi code and the hire car code as he sees fit for the purpose of supplementing the provisions of sections 10 to 12 of this Act.
(2)Any order made under subsection (1) above may, in particular, modify any provision—
(a)relating to fares payable by the hirer of a vehicle;
(b)requiring the driver of any vehicle to accept any hiring, or to drive at the direction of a hirer, or (as the case may be) of a prospective hirer, to any place within or not exceeding any specified distance or for any period of time not exceeding a specified period from the time of hiring;
(c)making the carriage of additional passengers in any vehicle which is currently subject to a hiring dependent on the consent of the hirer.
(3)In this section, and in sections 10 to 12 of this Act—
“licenced taxi” means—
(a)in England and Wales, a vehicle licensed under—
(i)section 37 of the M1Town Police Clauses Act 1847; or
(ii)section 6 of the M2Metropolitan Public Carriage Act 1869;
or under any similar enactment; and
(b)in Scotland, a taxi licensed under section 10 of the M3Civic Government (Scotland) Act 1982;
“London taxi area” means the area to which the Metropolitan Public Carriage Act 1869 applies;
“licensed hire car” means a vehicle which is licensed under section 48 of the M4Local Government (Miscellaneous Provisions) Act 1976; [F1or section 7 of the Private Hire Vehicles (London Act) 1998]
“hire car code”, in relation to a licensed hire car used as mentioned in section 11 of this Act, means those provisions made by or under any enactment which would apply if it were hired by a single passenger for his exclusive use;
“related enactment”, in relation to the 1981 Act, means any statutory provision (whenever passed or made) relating to public service vehicles in which “public service vehicle” is defined directly or indirectly by reference to the provisions of the 1981 Act;
“taxi code”, in relation to any licensed taxi used as mentioned in section 10, 11 or 12 of this Act, means—
(a)in England and Wales, those provisions made by or under any enactment which would apply if the vehicle were plying for hire and were hired by a single passenger for his exclusive use; and
(b)in Scotland, the provisions of sections 10 to 23 of the M5Civic Government (Scotland) Act 1982, and Part I of that Act as it applies to these provisions; and
“taxi licence” means a licence under section 6 of the M6Metropolitan Public Carriage Act 1869, section 37 of the M7Town Police Clauses Act 1847 or any similar enactment, or a taxi licence under section 10 of the Civic Government (Scotland) Act 1982.
(4)Any order made under subsection (1) above may contain such supplementary, incidental, consequential and transitional provisions (including provisions modifying any enactment contained in any Act other than this Act) as appear to the Secretary of State to be necessary or expedient in consequence of any modification of the taxi code or the private hire car code made by the order.
F1Words in s. 13(3) inserted (8.6.2004) by 1998 c. 34, ss. 39(1), 40, Sch. 1 para. 4 (with s. 29); S.I. 2004/241, art. 2(2)
M11847 c. 89.
M21869 c. 115.
M31982 c. 45.
M41976 c. 57.
M51982 c. 45.
M61869 c. 115.
M71847 c. 89.
(1)As respects Scotland, a taxi (other than a taxi which is for the time being operating a local service which is or requires to be registered under this Part of this Act, has been previously advertised and has a destination and route which are not entirely at the discretion of the passengers) or private hire car which is used for the carriage of passengers for hire or reward at separate fares shall not by reason of such use become a public service vehicle for the purposes of the 1981 Act or any related enactment.
(2)In this section “taxi” and “private hire car” have the meanings given in section 23 of the Civic Government (Scotland) Act 1982 and “related enactment” has the meaning given in section 13(3) of this Act.
(1)Where, immediately before the commencement of this section, the provisions of the M1Town Police Clauses Act 1847 with respect to hackney carriages and of the M2Town Police Clauses Act 1889 (as incorporated in each case in the M3Public Health Act 1875) were not in force throughout the whole of the area of a district council in England and Wales whose area lies outside the area to which the M4Metropolitan Public Carriage Act 1869 applies, those provisions (as so incorporated) shall—
(a)if not then in force in any part of the council’s area, apply throughout that area; and
(b)if in force in part only of its area, apply also in the remainder of that area.
(2)Where part only of a district council’s area lies outside the area to which the Act of 1869 applies, that part shall, for the purposes of subsection (1) above, be treated as being the area of the council.
(3)So much of any local Act as enables a district council to bring to an end the application of the provisions mentioned in subsection (1) above to the whole or any part of their area shall cease to have effect.
Transport Act 1985