PART I continued
The provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in any enactment (whenever passed), shall have effect—
(a)as if in section 37, the words “such number of” and “as they think fit” were omitted; and
(b)as if they provided that the grant of a licence may be refused, for the purpose of limiting the number of hackney carriages in respect of which licences are granted, if, but only if, the person authorised to grant licences is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet.
(1)In this section—
“licence” means a licence under section 6 of the Metropolitan Public Carriage Act 1869 (taxi licences) or under section 8 of that Act (taxi driver licences); and
“licensing authority” means the person empowered to grant a licence.
(2)Where the licensing authority has refused to grant, or has suspended or revoked, a licence the applicant for, or (as the case may be) holder of, the licence may, before the expiry of the [F1designated period]—
(a)require the authority to reconsider his decision; or
(b)appeal to [F2a magistrates'] court.
(3)Any call for a reconsideration under subsection (2) above must be made to the licensing authority in writing.
(4)On any reconsideration under this section the person calling for the decision to be reconsidered shall be entitled to be heard either in person or by his representative.
(5)If the person calling for a decision to be reconsidered under this section is dissatisfied with the decision of the licensing authority on reconsideration, he may, before the expiry of the [F1designated period], appeal to F2a magistrates' court.
(6)On any appeal to it under this section, the court may make such order as it thinks fit; and any order which it makes shall be binding on the licensing authority.
(7)Where a person holds a licence which is in force when he applies for a new licence in substitution for it, the existing licence shall continue in force until the application for the new licence, or any appeal under this section in relation to that application, is disposed of, but without prejudice to the exercise in the meantime of any power of the licensing authority to revoke the existing licence.
(8)For the purposes of subsection (7) above, where the licensing authority refuses to grant the new licence the application shall not be treated as disposed of—
(a)where no call for a reconsideration of the authority’s decision is made under subsection (2) above, until the expiry of the [F1designated period];
(b)where such a reconsideration is called for, until the expiry of the [F1designated period]which begins by reference to the decision of the authority on reconsideration.
(9)Where the licensing authority suspends or revokes a licence, or confirms a decision to do so, he may, if the holder of the licence so requests, direct that his decision shall not have effect until the expiry of the [F1designated period].
(10)In this section F3. . . .
[F4“designated period” means such period as may be specified for the purpose by London cab order;
“London cab order” means an order made by Transport for London]
[ F5(11)Any power to make a London cab order under this section includes power to vary or revoke a previous such order.]
F1Words in s. 17(2)(5)(8)(a)(b)(9) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 8(3)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F2Words in s. 17(2)(b)(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 293(2); S.I. 2005/910, art. 3(y)
F3S. 17(10): Definition of "the appropriate court" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 293(3), Sch. 10; S.I. 2005/910, art. 3(y)
F4Definitions of “designated period” and “London cab order” in s. 10(10) inserted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 8(3)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F5S. 10(11) added (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 8(3)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
[F1(1)][F2Section 12(1)] of the 1981 Act (licensing of operators . . . F3 in relation to the use of public service vehicles for the carriage of passengers) shall not apply—
(a)to the use of any vehicle under a permit granted under section 19 of this Act, if and so long as the requirements under subsection (2) of that section are met; [F4or]
(b)to the use of any vehicle under a permit granted under section 22 of this Act;
[F5(2)Where a holder of a licence under Part III of the Road Traffic Act 1988 was first granted a licence under that Part before 1st January 1997, he may drive any small bus at a time when it is being used as mentioned in paragraph (a) or (b) of subsection (1) above, notwithstanding that his licence under that Part does not authorise him to drive a small bus when it is being so used.
(3)Where—
(a)a holder of a licence under Part III of the Road Traffic Act 1988 was first granted a licence under that Part on or after 1st January 1997, or
(b)a Community licence holder is authorised by virtue of section 99A(1) of that Act to drive in Great Britain a motor vehicle of any class,
he may drive any small bus to which subsection (4) below applies at a time when it is being used as mentioned in paragraph (a) or (b) of subsection (1) above, notwithstanding that he is not authorised by his licence under that Part or by virtue of that section (as the case may be) to drive such a bus.
(4)This subsection applies to any small bus which, when laden with the heaviest load which it is constructed to carry, weighs—
(a)not more than 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and
(b)not more than 4.25 tonnes otherwise.
(5)In this section—
“Community licence” has the same meaning as in Part III of the Road Traffic Act 1988, and
“small bus” has the same meaning as in sections 19 to 21 of this Act.]
F1S. 18 renumbered as s. 18(1) (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, regs. 1(2)(a)(iii)(b), 4, Sch. 3 para. 1(2)
F2Words substituted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 4(a)
F3Words repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
F4Word inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 4(b)
F5S. 18(2)-(5) substituted for words in s. 18 (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, regs. 1(2)(a)(iii)(b), 4, Sch. 3 para. 1(3)
(1)In this section and sections 20 and 21 of this Act—
“bus” means a vehicle which is adapted to carry more than eight passengers;
“large bus” means a vehicle which is adapted to carry more than sixteen passengers;
“small bus” means a vehicle which is adapted to carry more than eight but not more than sixteen passengers; and
“permit” means a permit granted under this section in relation to the use of a bus for carrying passengers for hire or reward.
(2)The requirements that must be met in relation to the use of a bus under a permit for the exemption under section 18(a) of this Act to apply are that the bus—
(a)is being used by a body to whom a permit has been granted under this section;
(b)is not being used for the carriage of members of the general public nor with a view to profit nor incidentally to an activity which is itself carried on with a view to profit;
(c)is being used in every respect in accordance with any conditions attached to the permit; and
(d)is not being used in contravention of any provision of regulations made under section 21 of this Act.
(3)A permit in relation to the use of a small bus may be granted by a body designated by an order under subsection (7) below either to itself or to any other body to whom, in accordance with the order, it is entitled to grant a permit.
(4)A permit in relation to the use of a small bus may be granted by a traffic commissioner to any body appearing to him to be eligible in accordance with subsection (8) below and to be carrying on in his area an activity which makes it so eligible.
(5)A permit in relation to the use of a large bus may be granted by a traffic commissioner to any body which assists and co-ordinates the activities of bodies within his area which appear to him to be concerned with—
(a)education;
(b)religion;
(c)social welfare; or
(d)other activities of benefit to the community.
(6)A traffic commissioner shall not grant a permit in relation to the use of a large bus unless satisfied that there will be adequate facilities or arrangements for maintaining any bus used under the permit in a fit and serviceable condition.
(7)The Secretary of State may by order designate for the purpose of this section bodies appearing to him to be eligible in accordance with subsection (8) below and, with respect to any body designated by it, any such order—
(a)shall specify the classes of body to whom the designated body may grant permits;
(b)may impose restrictions with respect to the grant of permits by the designated body and, in particular, may provide that no permit may be granted, either generally or in such cases as may be specified in the order, unless there are attached to the permit such conditions as may be so specified; and
(c)may require the body to make returns with regard to the permits granted by it.
(8)A body is eligible in accordance with this subsection if it is concerned with—
(a)education;
(b)religion;
(c)social welfare;
(d)recreation; or
(e)other activities of benefit to the community.
(9)A body may hold more than one permit but may not use more than one bus at any one time under the same permit.
C1S. 19(7): Transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
S. 19(7): Transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)
(1)Subject to subsection (2) below, a permit shall specify the body to whom it is granted.
(2)A permit may be granted to a named individual on behalf of a body if, having regard to the nature of that body, it appears to the traffic commissioner or body granting the permit appropriate to do so.
(3)Where a permit is granted to a named individual on behalf of a body, it shall be treated for the purposes of this section and section 19 of this Act as granted to that body.
(4)In addition to any conditions attached to such a permit by virtue of section 19(7)(b) of this Act, the traffic commissioner or other body granting such a permit may attach to it such conditions as he or that body considers appropriate, including, in particular, conditions—
(a)limiting the passengers who may be carried in any bus used under the permit to persons falling within such classes as may be specified in the permit; and
(b)with respect to such other matters as may be prescribed.
(5)Subject to subsection (6) below, a permit may be varied or revoked—
(a)by the traffic commissioner or body who granted it; and
(b)in the case of a permit granted by a body designated under section 19(7) of this Act, after consultation with that body, by the traffic commissioner for any traffic area in which any bus has been used under the permit.
(6)A permit may not be varied so as to substitute another body for the body to whom it was granted.
(7)A permit shall remain in force until—
(a)it is revoked under subsection (5) above; or
(b)in the case of a permit granted by a body designated under section 19(7) of this Act, that body ceases to be so designated.
(1)Regulations may prescribe—
(a)the conditions to be fulfilled by any person driving a bus while it is being used under a permit;
(b)the conditions as to fitness which are to be fulfilled by any small bus used under a permit;
(c)the form of permits; and
(d)the documents, plates and marks to be carried by any bus while it is being used under a permit and the manner and position in which they are to be carried.
(2)Where regulations are made by virtue of subsection (1)(b) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any small bus subject to the regulations.
(3)Regulations under this section may contain such transitional provisions as the Secretary of State thinks fit.
(1)In this section and section 23 of this Act—
“community bus service” means a local service provided—
(a)by a body concerned for the social and welfare needs of one or more communities;
(b)without a view to profit, either on the part of that body or of anyone else; and
(c)by means of a vehicle adapted to carry more than eight but not more than sixteen passengers; and
“community bus permit” means a permit granted under this section in relation to the use of a public service vehicle—
(a)in providing a community bus service; or
(b)in providing a community bus service and (other than in the course of a local service) carrying passengers for hire or reward where the carriage of those passengers will directly assist the provision of the community bus service by providing financial support for it.
(2)A community bus permit may be granted by the traffic commissioner for the area in which the operating centre for any vehicle used under the permit will be.
(3)A traffic commissioner shall not grant a community bus permit unless he is satisfied that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit.
(4)A body may hold more than one community bus permit but may not use more than one vehicle at any one time under the same permit.
(1)The requirements mentioned in subsection (2) below shall be conditions of every community bus permit and shall apply in relation to any use of a vehicle under such a permit.
(2)Those requirements are that—
(a)the driver receives no payment for driving except—
(i)reimbursement of any reasonable expenses incurred by him in making himself available to drive; and
(ii)an amount representing any earnings lost as a result of making himself available to drive in exceptional circumstances;
(b)the driver either holds [F1a passenger-carrying vehicle driver’s licence [F2or PCV Community licence]] (within the meaning of Part IV of the Road Traffic Act 1988) [F3or] a public service vehicle driver’s licence [F2or PCV Community licence] or fulfils any conditions prescribed in relation to a person driving a vehicle which is being used under a community bus permit; and
(c)any vehicle used under the permit fulfils any prescribed conditions of fitness for such use.
(3)A traffic commissioner may at any time attach to a community bus permit granted by him such conditions (or additional conditions) of a prescribed description as he thinks fit for restricting or regulating the use of any vehicle under the permit.
(4)The traffic commissioner by whom a community bus permit was granted may at any time while the permit is in force vary or remove any condition attached to it under subsection (3) above.
(5)Subject to section 68(3) of the 1981 Act (as applied by section 127(4) of this Act), if a condition attached to a community bus permit is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)The traffic commissioner by whom a community bus permit was granted may at any time revoke the permit on the ground—
(a)that he is no longer satisfied with respect to the adequacy of facilities or arrangements for maintaining in a fit and serviceable condition any vehicle used under the permit;
(b)that there has been a contravention of any condition attached to the permit; or
(c)that a prohibition under section 9 of the 1981 Act (power to prohibit driving of unfit public service vehicles) has been imposed with respect to a vehicle used under the permit which has its operating centre in his area.
(7)Where regulations are made by virtue of subsection (1)(c) above, section 6 of the 1981 Act (certificate of initial fitness for public service vehicles) shall not apply in relation to any vehicle subject to the regulations.
(8)Regulations may prescribe—
(a)the form of community bus permits; and
(b)the documents, plates and marks to be carried by any vehicle while it is being used under a community bus permit and the manner and position in which they are to be carried.
F1Words from “a passenger-carrying” to “1988) or” inserted (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 7, Sch. 3 para. 5
F2Words in s. 23(2)(b) inserted (23.7.1996 for specified purposes and otherwise 1.1.1997) by S.I. 1996/1974, regs. 1(2)(a)(iii)(b), 4, Sch. 3 para. 2
F3Words “or a public service vehicle driver's licence” repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 16, Sch. 6
(1)In section 16 of the 1981 Act (conditions attached to PSV operators’ licences)—
(a)the following subsection shall be inserted after subsection (1)—
“(1A)In the case of a restricted licence, the number specified as the maximum in any condition imposed under subsection (1) above shall not, except in any prescribed case or class of case, exceed two.”;
(b)in subsection (8) of that section (power of traffic commissioner to dispense temporarily with conditions attached under that subsection), after the words “under this section” there shall be inserted the words “(other than a condition so attached under subsection (1A) above)”; and
(c)in subsection (9) of that section (limited effect of conditions attached under subsection (1)), after the words “subsection (1)” there shall be inserted the words “or (1A)”.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 24(2) repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2
After section 14 of the 1981 Act (grant of licences) there shall be inserted the following section—
(1)Where an application is made for the grant of a PSV operator’s licence under this Act, any chief officer of police or local authority may object to the grant of the licence on the ground that one or more of the requirements mentioned in section 14(1) and (3) of this Act are not satisfied in relation to the application.
(2)An objection under this section shall be made within the prescribed time and in the prescribed manner and shall contain particulars of the ground on which it is made.
(3)The onus of proof of the existence of the ground on which an objection is made shall lie on the objector.
(4)In this section “local authority” means—
(a)in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and
(b)in Scotland, a regional or islands council.
(5)This section does not apply in relation to any application for a special licence (within the meaning of section 12 of the Transport Act 1985).”
(1)Where it appears to a traffic commissioner, in relation to a person (“the operator”) to whom he has granted or is proposing to grant a PSV operator’s licence, that—
(a)the operator has failed to operate a local service registered under section 6 of this Act; or
(b)the operator has operated a local service in contravention of that section [F1or section 118(4) or 129(1)(b) of the Transport Act 2000;][F2or section 8(4) or section 22(1)(b) of the Transport (Scotland) Act 2001][F3; or
(ba)the operator has failed to comply with section 138 or 140(3) of [F4the Transport Act 2000]]; or
[F5; or
(bb)the operator has failed to comply with section 32(1) or 34(3) of the Transport (Scotland) Act 2001;]
(c)the arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition are not adequate for the use of those vehicles in providing the local service or services in question; or
(d)the operator, or any employee or agent of his, has—
(i)intentionally interfered with the operation of a local service provided by another operator;
(ii)operated a local service in a manner dangerous to the public; or
(iii)been guilty of any other serious misconduct (whether or not constituting a criminal offence) in relation to the operation of a local service; or
(e)a condition attached under section 8 of this Act to the operator’s licence has been contravened;
he may (on granting the licence or at any later time) attach to it either a condition prohibiting the operator from using vehicles under the licence to provide any local service of a description specified in the condition or one prohibiting him from so using vehicles to provide local services of any description.
(2)The commissioner may attach a condition to a PSV operator’s licence under subsection (1) above, by reference to circumstances falling within paragraph (a) or (b) of that subsection if, but only if, it appears to him that the operator did not have a reasonable excuse for his conduct or that it is appropriate to attach the condition in view of—
(a)the danger to the public involved in the operator’s conduct; or
(b)the frequency of conduct of the kind in question on the part of the operator.
(3)Where the effect of a condition attached to a PSV operator’s licence under subsection (1) above is that the operator of a local service registered under section 6 of this Act is prohibited from using vehicles under the licence to provide that service, the traffic commissioner attaching the condition may—
(a)cancel the registration; or
(b)where the service is registered with another traffic commissioner, direct that it be cancelled.
(4)Where a direction is given under subsection (3)(b) above, it shall be the duty of the traffic commissioner with whom the service is registered to cancel the registration.
(5)Where it appears to the commissioner that—
(a)vehicles used under the licence (or under any PSV operator’s licence previously held by the operator) have not been maintained in a fit and serviceable condition; or
(b)the operator has been involved in arrangements with any other operator for the use of each other’s vehicles with a view to hindering enforcement of any requirements of the law relating to the operation of those vehicles;
he may (on granting the licence or at any later time) attach to the licence a condition restricting the vehicles which the operator may use under the licence to vehicles specified in the condition.
(6)A condition attached to a licence under subsection (5) above shall—
(a)apply only to vehicles which have their operating centre in the traffic area for which the commissioner acts; and
(b)be in addition to (and not be taken as prejudicing in any way) any conditions attached to the licence under section 16 of the 1981 Act as to the maximum number of vehicles which the operator may at any one time use under the licence.
F1Words in s. 26(1)(b) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 10(1)(2); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.
F2Words in s. 26(1)(b) inserted (25.7.2001) by S.I. 2001/2748, art. 3(1)(2)
F3S. 26(1)(ba) and the word “or” at the end of para. (b) inserted (E.W.) (1.2.2001 for E. and 1.8.2001 for W.) by 2000 c. 38, s. 161, Sch. 11 para. 10(1)(3); 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. 11
F4Words in s. 26(1)(ba) substituted (25.7.2001) by S.I. 2001/2748, art. 3(1)(3)
F5S. 26(1)(bb) and the word “or” inserted (25.7.2001) by S.I. 2001/2748, art. 3(1)(4)
C1S. 26-30 applied (28.7.1998) by 1998 c. iii, s. 1, Sch. s. 54 of Order