HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES

Section 52: Immediate suspension and revocation of drivers' licences

192. This section affects taxi and private hire vehicle (PHV - minicab) drivers in England and Wales (outside London, and not in Plymouth).

193. Taxi and PHV drivers must be licensed by the relevant local authority in order to carry out taxi or PHV work. Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 gives the licensing authority the power to suspend or revoke a taxi or PHV driver's licence, but, by virtue of section 77 of that Act, the driver may continue to drive a taxi or PHV (as the case may be) until the time period for appealing to the courts against the authority's decision has expired, or, if an appeal is lodged, until the appeal has been determined.

194. This section amends sections 61 and 77 of the 1976 Act to provide licensing authorities with a power to suspend or revoke a taxi or PHV driver's licence with immediate effect in cases where it appears to them that the interests of public safety require such a course of action. If a driver's licence is suspended or revoked with immediate effect, the driver may no longer drive a taxi or PHV from the time when he is given notice of the suspension or revocation.

Section 53: Abolition of "contract exemption"

195. This section affects vehicles which provide a private hire service in England and Wales (outside London, and not in Plymouth) and which are currently exempt from licensing by virtue of section 75(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

196. Section 75(1)(b) exempts from licensing any vehicle which is used only for carrying passengers for hire and reward under a contract for the hire of the vehicle for a period of not less than seven days. Accordingly, the driver of the vehicle and the operator (who arranges the hirings) are also exempt.

197. This section repeals section 75(1)(b) of the 1976 Act. Unless other exemptions apply, vehicles which fall within the definition of "private hire vehicle" in section 80 of the 1976 Act will have to be licensed regardless of whether they are used for one-off hirings or hired on a 'longer-term' contract basis.

Section 54: Private hire vehicles in London

198. This clause amends the definition of "private hire vehicles" in section 1(1)(a) of the Private Hire Vehicles (London) Act 1998 by removing the words "to the public" from that definition. The effect is to bring within the private hire vehicle licensing regime in London those operators and drivers who are currently providing a private hire service to an identified group or organisation (but not the public at large) and who at present do not require licences.

MISCELLANEOUS

Section 55: Trunk Road picnic areas

199. This section amends section 112 of the Highways Act 1980 to enable the Secretary of State to provide picnic sites on land adjoining, or in the vicinity of motorways, to enter into arrangements with a council for the provision of facilities at such sites and to provide public sanitary conveniences on land adjoining the motorway. Currently, the power to provide picnic sites and conveniences is limited to trunk roads that are not motorways.

200. The Secretary of State also has an existing power to manage trunk road picnic sites. That power is extended to the new picnic sites adjoining motorways, and will be strengthened by allowing the enforcement of parking controls at all picnic sites (i.e. those on motorways and ordinary trunk roads) and recovering the costs of doing so.

201. The provisions apply to England and Wales. The Secretary of State's functions regarding motorways and other trunk roads, including the provision of picnic areas, are devolved matters exercisable in Wales by the National Assembly for Wales.

Section 56: Vehicles modified to run on fuel stored under pressure

202. This section amends (i) section 41 of the RTA, which empowers the Secretary of State to make regulations dealing with the construction and use of vehicles, and (ii) section 66 of the RTA, which empowers the Secretary of State to make regulations prohibiting the grant of vehicle licences except on compliance with certain conditions.

203. The powers to regulate under section 41(2) are extended to cover the modification of vehicles to enable them to be powered by fuel stored under pressure. These provisions would apply to vehicle modification in respect of fuels, such as liquefied petroleum gas (LPG) and compressed natural gas (CNG) which, because they are stored under pressure, have a higher risk of explosion than petrol or diesel stored at ambient pressure. Regulations made under section 41 are enforceable through section 42 of the RTA. Section 42 makes it an offence to contravene or fail to comply with construction and use requirements, or to use on a road a motor vehicle which does not comply with such requirements.

204. There is currently no mechanism for inspecting the safety of alternative fuel vehicle modifications or for preventing vehicles that have been so modified from being used on a road. Vehicles are often modified after they have been registered, and the adequacy of that modification will not be covered by annual MOT tests.

205. Under the new section 41(2A) powers, the Secretary of State could introduce a new scheme, requiring modified vehicles to be tested by authorised examiners and issued with a new form of certificate verifying satisfactory modification. Examiners could be authorised by the Secretary of State in accordance with the regulations. Authorised examiners could be required to notify the Secretary of State of any vehicle modification carried out (whether or not a certificate was issued).

206. Once regulations under section 41(2) are made, the Secretary of State could provide under existing powers for the annual MOT test to check the continuing safety of any alternative fuel modifications on a vehicle.

207. The section also amends section 66 to enforce the new certification provisions through the vehicle licensing regime (under which it is an offence to drive without a valid vehicle licence). The new section 66(7A) will ensure that evidence of a certificate of a satisfactory examination will be required before a vehicle licence can be granted in respect of a modified vehicle.

Section 57: Powers to regulate transport of radioactive material

208. Regulations for the safe transport of radioactive material by road are made under the Radioactive Material (Road Transport) Act 1991 ("the 1991 Act").

209. The successful enforcement of these regulations depends on understanding the causes behind incidents and accidents involving the transport of radioactive material. This enforcement is hampered when individuals refuse to provide assistance and information voluntarily to inspectors conducting investigations.

210. Section 57 amends the regulation making powers of section 2 of the 1991 Act by allowing the making of regulations:

• to impose formal requirements for the provision of assistance and information on those involved in the transport of radioactive material; and

• to authorise such requirements being imposed by inspectors when conducting an investigation.

211. The scope of the offence in section 2(4) is expanded so that it will be an offence for any person to contravene or fail to comply with any requirement imposed by or by virtue of regulations made under section 2.

Section 58: Minor corrections

212. Section 58 corrects some minor errors in earlier legislation relevant to the provisions of the Act.

SUPPLEMENTARY PROVISIONS

Section 60: Power to make amendments

213. Section 60 enables the Secretary of State to make amendments to other legislation (primary and secondary) where, as a consequence of the coming into force of a provision of the Act, he considers it appropriate to do so. Although every attempt has been made to amend or repeal all provisions of other legislation which conflict with, or are inconsistent with, a provision of the Act, such a power would need to be exercised if following Royal Assent it was discovered that the effect of a particular provision had been overlooked. The power might be also be applied to a provision of an Act passed after this Act but before the provision in question comes into force.

214. The exercise of the power is subject to an affirmative resolution in both Houses of Parliament.

Section 61: Commencement

215. Section 61 provides for commencement of the Act's provisions. Save for sections 1 and 49 and certain miscellaneous and supplementary provisions, the provisions of the Act will come into force on a day appointed by order of the Secretary of State. Sections 1 and 49 come into force two months after Royal Assent. Subsection (8) provides for sections 5, 8, 9 and 10 and Schedules 1, 2 and 3 to be brought into force in a particular order to give effect to the purpose of the Act. Sections 51, 58 and 60 will come into effect on Royal Assent.

216. Subsection (4) provides that section 2B of the RTA (the new offence of causing death by careless, or inconsiderate, driving) and section 3ZB of that Act (the new offence of causing death by driving: unlicensed, disqualified or uninsured drivers) will only apply to driving occurring after those sections are commenced.

217. The effect of subsection (5) is that where offences under sections 2B and 3ZB of the RTA are committed before the commencement of section 154(1) Criminal Justice Act 2003 the maximum custodial penalty on summary conviction, throughout Great Britain, will be 6 months. Once that provision does come into force, magistrates' courts in England and Wales will have the full benefit of their extended sentencing powers, such as the custody plus scheme.

PUBLIC SERVICE MANPOWER IMPLICATIONS

218. None of the Act's provisions has significant implications for public service manpower.

TERRITORIAL EXTENT

219. The greater part of the Act amends existing legislation, particularly the RTA and the RTOA, and the amendments generally have the same extent as the enactments amended. In consequence the majority of the Act's provisions extend to Great Britain. The exceptions are as follows:-

Sections 1, 2 and 52 to 55 extend only to England and Wales.

Sections 44 to 46 (after commencement of section 46), 47, 49(1) and 51(2) extend to the United Kingdom as a whole.

Section 49(2) extends only to Northern Ireland.

Application to Wales

220. The Act grants some new powers to the National Assembly for Wales and affects some of its existing powers. For more detailed analysis of these powers please refer to the relevant sections of these Notes as indicated below:

Hansard References

The following table sets out the dates and Hansard references for each stage of this Act's passage through Parliament: