1、 Legal framework of taxi and PHV licensing in the UK Annexe A November 2003 Further copies Further copies of this paper can be downloaded from our website at www.oft.gov.uk/news/publications/leaflet+ordering.htm - look under Reports and Competition policy - or you can obtain hard copies by phoning O
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4、 CONTENTS Chapter Page 1 Legislative framework 1 2 Quantity regulation 13 3 Quality and safety regulation 18 4 Fare regulation 41 5 The Disability Discrimination Act 1995 45 6 The right to protection of property 47 The Office of Fair Trading 1 1 LEGISLATIVE FRAMEWORK Four geographical areas 1.1 Ther
5、e are four distinct geographical areas for licensing of taxis and PHVs in the United Kingdom: London; England and Wales outside of London; Scotland; and Northern Ireland. This is because distinct licensing legislation applies in each geographic area. 1.2 The legislation for London applies in the geo
6、graphic area that is made up of the metropolitan police district1and the City of London. For simplicity, we will refer to these areas together as London. Two tier licensing regime 1.3 In the UK (except Northern Ireland, as to which see paragraph 2.3 below), there is a legal distinction between a tax
7、i and a private hire vehicle (PHV)2. Both forms of vehicle are subject to a licensing regime, but taxis are licensed to ply for hire whereas PHVs are not. Broadly, this means that taxis can pick up passengers from the street or at a taxi rank and make a contract there and then to carry a passenger,
8、as well as taking passengers who have pre-booked, whereas PHVs can only pick up passengers who have pre-arranged a journey by making a booking, usually by telephone. 1.4 We use the term licensed taxi to indicate a vehicle with these distinguishing features, rather than the older expression hackney c
9、arriage. 1The metropolitan police district is defined in section 76(1) of the London Government Act 1963, as amended by section 323 of the Greater London Authority Act 1999. Since that provision came into force on 1 April 2000, it has consisted of Greater London, excluding the City of London, the In
10、ner Temple and the Middle Temple. Prior to that date it included small parts of Essex, Hertfordshire and Surrey bordering on it. 2Private hire vehicles are known as private hire cars in Scotland. For simplicity, we will use the English expression PHV throughout, and references to PHVs should be inte
11、rpreted as meaning, or including, Scottish private hire cars where appropriate. 2 Annexe A - Legal framework of taxi and PHV licensing in the UK November 2003 1.5 In Northern Ireland the licensing regime applies to all public service vehicles, which includes buses. However, there are two main types
12、of licence in the taxi and private hire sector: a public hire taxi licence3and a private hire taxi licence. A public hire taxi is permitted to ply for hire in the same way as a licensed taxi in the rest of the UK. A private hire taxi offers the same services as a PHV in the rest of the UK. For simpl
13、icity, where appropriate, references to licensed taxis should be read as including Northern Irish public hire taxis and references to PHVs should be taken to include Northern Irish private hire taxis. Types of licence 1.6 For taxis and for PHVs in Scotland and Northern Ireland there are two types of
14、 licence: a vehicle licence; and a drivers licence. For PHVs in England and Wales there are three types of licence: a vehicle licence; a drivers licence; and an operators licence. The vehicle licence 1.7 A vehicle licence is the licence that is granted to a vehicles owner, or proprietor, which allow
15、s the vehicle to be operated as a taxi or PHV. It can also be referred to as a taxi or PHV licence. 3There are two categories of public hire licence: one for operating within the City of Belfast (a Belfast Public Hire licence); and one for operating outside Belfast only (a Restricted Public Hire lic
16、ence). The Office of Fair Trading 3 1.8 The licence relates to the specific vehicle in respect of which it is granted. In England and Wales, except for taxi vehicle licences in London, the licence can be sold with the vehicle4. 1.9 A vehicle can be licensed to someone who is not the driver, as long
17、as it is driven by a licensed driver. A taxi or PHV owner who wants to drive the vehicle as well as owning it will need two licences: a vehicle licence and a drivers licence. 1.10 Taxis can pick up passengers that have pre-booked without needing a separate PHV licence. Indeed, case law applicable to
18、 England and Wales (outside London) suggests that it is not possible for a vehicle that is licensed as a taxi also to be licensed as a PHV, and nor is it possible for a vehicle that is licensed as a PHV also to be licensed as a taxi.5This appears to be the result of the legislative provisions that d
19、efine taxis and PHVs according to their characteristic use 4In relation to licensed taxis, this principle was established by case law in the case of R v Weymouth BC ex p. Teletax (Weymouth) Ltd 1947 1 All ER 779. It was subsequently recognised in legislation in section 49 Local Government (Miscellan
20、eous Provisions) Act 1976, which requires any taxi or PHV vehicle licence holder who transfers his vehicle to give notice of the transfer to the licensing authority, and to let them know the name of the new proprietor. In London, similar provisions will apply to PHV vehicle licences, when the vehicl
21、e licensing provisions are put in place, under section 8(4) Private Hire Vehicle (London) Act 1998. The principle does not, however, apply in Scotland, in London or in Northern Ireland. In Scotland this is as a result of section 10(6) Civic Government (Scotland) Act. It requires taxi and PHV vehicle
22、 licence holders to deliver the vehicle licence and licence plate to the licensing authority within 28 days of any sale or disposal of the vehicle. While, in principle, this provision is intended to prevent sales of the licence plate itself, we understand that in some cases, in areas where taxi numb
23、ers are restricted, the licence holder and the prospective buyer of a taxi business seek prior confirmation from the licensing authority that the prospective buyer will be granted the one available licence (subject to fit and proper person checks), and the value of this confirmation may be reflected
24、 in the price of the taxi business, in the private contract made between buyer and seller. In other cases, the vehicle licence may be held by a company, so that the company can change ownership (subject to fit and proper person checks) without the vehicle licence being transferred. In London, paragr
25、aph 14(m) of the London Cab Order 1934 requires taxi vehicle licence holders to return the licence and the taxi licence plates to the licensing authority on any sale or transfer of the taxi. This requirement is relaxed, however, so as to allow the transfer of a taxi vehicle licence by inheritance on
26、 the licensees death or between a husband and wife, or between members of a firm or company (paragraph 20 London Cab Order 1934). In Northern Ireland, under regulation 15 of the Public Service Vehicles Regulations (Northern Ireland) 1985, taxi and PHV licence holders must return their vehicle licenc
27、es to the Department of the Environment on the sale or other disposal of the vehicle (including by inheritance). The Department of the Environment may then (but does not have to) transfer the licence to the new vehicle owner. Any other method of transfer of the licence is unlawful. 5Hawkins v Edward
28、s 1901 2 KB 169 in relation to taxis, and Benson v Boyce 1997 R.T.R. 226 in relation to PHVs. 4 Annexe A - Legal framework of taxi and PHV licensing in the UK November 2003 throughout the period of a licence, rather than their specific use on any particular occasion.6Effectively, in England and Wale
29、s (outside London), once a vehicle is licensed as a taxi or a PHV, it cannot be used for any leisure purposes and can only be driven by a licensed driver. In London, the legislative definition of a PHV makes clear that a licensed taxi will never be a PHV7. As a result, a licensed London taxi can car
30、ry out private hire bookings without needing a separate PHV vehicle licence. In London, both taxis and PHVs can be used for leisure purposes8. The drivers licence 1.11 A drivers licence is a licence to drive a licensed taxi vehicle or PHV. 1.12 Generally, taxi and PHV drivers are licensed separately
31、, so a driver who wants to drive both a taxi and a PHV would need two separate drivers licences. However, we are aware that some licensing authorities grant dual licences to drivers, entitling them to drive both a taxi and a PHV.91.13 Inside London, taxi drivers are obliged to carry passengers to an
32、y destination within a one mile radius or for a duration of up to an hour.10Taxis that are moving along a street are not obliged to stop 6Section 38 Town Police Clauses Act 1847 in respect of taxis and section 80 Local Government (Miscellaneous Provisions) Act 1976 in respect of PHVs. 7Section 1 Pri
33、vate Hire Vehicles (London) Act 1998 defines a PHV as 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. 8For taxis, this is b
34、ecause of section 8 Metropolitan Public Carriage Act 1869, which states that no hackney carriage shall ply for hireunless under the charge of a driver having a licence Transport for London interpret this as meaning that a taxi will not be plying for hire when it is driven by someone other than a lic
35、ensed driver. For PHVs this is a result of section 12(1) Private Hire Vehicles (London) Act 1998 which states that no vehicle shall be used as a private hire vehicle . Unless the driver holds a .licence. Transport for London take the view that this allows for a vehicle not to be used as a PHV when i
36、t is being used for social purposes. 9We have had an estimate that 30 per cent of licensing authorities license drivers in this way. 10Section 7 London Hackney Carriage Act 1853 and paragraph 34 of the London Cab Order 1934, as amended by the London Cab (No. 2) Order 2001. The distance is extended t
37、o 20 miles for hirings from Heathrow by London Cab Order 1972, SI 1972/1047. The Office of Fair Trading 5 when hailed, but taxis standing in a public street or place without being hired are deemed to be plying for hire and are obliged to pick up passengers11, unless they are parked in a parking plac
38、e designated under the Road Traffic Regulation Act 198412. 1.14 In England and Wales outside London there is a similar rule. Taxi drivers that are standing at a taxi rank or on any street are obliged to carry passengers to any place within the distance prescribed by the licensing authority13. Licens
39、ing authorities usually provide that the distance within which taxis must operate is the area of the licensing district. Some local authorities, however, are divided into separate licensing zones, and taxi drivers are only obliged to carry passengers within their licensed zone. The operators licence
40、 1.15 An operators licence is a licence to operate PHVs i.e. to run a PHV business14. In the PHV trade, the operator is a distinct person who runs a PHV business from office premises, taking calls and sometimes also walk-in custom. The contract for private hire services is deemed to be made between
41、the customer and the operator15, and contractually the PHV driver is obliged to charge any fare quoted by the operator and agreed by the customer in advance. The operator must keep a record of each booking, as set out in the licence conditions imposed by the licensing authority.16The licensing of PH
42、V operators was introduced as a measure to protect customers. 1.16 In the taxi industry taxi drivers or taxi proprietors themselves often operate the taxi business and there is no separate regime for licensing taxi operators. Nevertheless taxis increasingly carry out 11Section 35 London Hackney Carr
43、iage Act 1831. 12Section 3 London Cab Act 1968. 13Section 53 Town Police Clauses Act 1847. 14The expression operate is defined at section 80(1) Local Government (Miscellaneous Provisions) Act 1976 as follows: operate means in the course of business to make provision for the invitation or acceptance
44、of bookings for a private hire vehicle. 15By virtue of section 56(1) of the Local Government (Miscellaneous Provisions) Act 1976. 16Under section 56(2) of the Local Government (Miscellaneous Provisions) Act 1976, applicable to England and Wales outside London. In London, the records that must be kep
45、t by PHV operators are set out in the Private Hire Vehicles (London) (Operators Licences) Regulations 2000 (SI 2000/3146). 6 Annexe A - Legal framework of taxi and PHV licensing in the UK November 2003 private hire work as well as picking up passengers from the street or from ranks. There has been s
46、ome legal uncertainty as to whether a taxi driver, or any other person that arranges a pre-booked journey in a taxi, needs a separate operators licence.17The Department for Transport (DfT) takes the view that a taxi driver who takes a pre-booking does not need a separate operators licence. Structure
47、 of regulation 1.17 In England and Wales outside London, and in Scotland, there are two levels of regulation: primary enabling legislation grants local authorities licensing powers subject to certain conditions; licensing authorities then set more detailed requirements in byelaws and/or licence cond
48、itions. In England outside London the licensing authorities are district councils and unitary councils. In Wales they are county councils and county borough councils, and in Scotland they are councils. For simplicity, this report refers throughout to licensing authorities, rather than to local autho
49、rities of a particular type. 1.18 In London, separate statutes that deal only with London contain the main provisions relating to taxis, and detailed licensing conditions are set out in London Cab Orders issued by the licensing authority, which is now Transport for London (TfL)18. A PHV licensing regime was introduced in London by the Private Hire Vehicles (London) Act 1998. Regulations under this Act set out licensing conditions. 1.19 In Northern Ireland, the licensing regime is set out in Orders and Regulations that apply only to No
