NEWS RELEASES
Changes to private hire vehicle licensing
17 March 2008
NEW national legislation has started which affects anyone who supplies a vehicle or driver as part of their business in England and Wales (outside London).
From 28 January the new law says that if anyone supplies a vehicle and driver and there is a commercial benefit or advantage - whether as a payment or other form - the supplier will be required to be licensed with the local authority.
Operators and drivers with vehicles operating under a contract lasting not less than seven days will now require licensing.
Likely to be affected are people who make a vehicle available for hire that can carry no more than eight passengers with a driver such as school contract transport, airport transfer services, theatre trips, courtesy cars, hotel and restaurant courtesy vehicles and chauffeur services.
Garages that make a vehicle and driver available for their customers whilst a car is being serviced are also likely to be affected.
The legislation has come about because of concerns of abuse by some drivers who were claiming the exemption in order to escape the licensing requirements that ought to have otherwise applied.
To comply with the licensing laws, up to three licences may be required:
An operator’s licence - this is granted for up to one year and places various record keeping requirements on licence holders
A vehicle licence - this is granted for up to one year after completion of a compliance test
A driver’s licence - this is currently granted for up to one year to drivers who can show they are ‘fit and proper’ after satisfactorily completing a medical examination, an enhanced Criminal Record Bureau disclosure, driving assessment test and a conditions test
There are some exemptions to the new law, including vehicles used as emergency ambulances and some vehicles used at weddings and funerals. Other exemptions exist.
There are severe penalties for not being licensed appropriately. Failing to have the correct licences in place can result in a criminal prosecution. Each offence carries a maximum penalty of £1,000.
Further information about all aspects of the new law is available from Horsham District Council on 01403 215471 or email licensing@horsham.gov.uk
Ends
Note to editors
Sections 53 of the Road Safety Act 2006 has been implemented from 28 January 2006. This will repeal section 75(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.
Under the Local Government (Miscellaneous Provisions) Act 1976, licences are required to operate or drive private hire vehicles or taxis which can carry eight or less passengers. Section 75(1)(b) provided an exemption from this requirement, where a vehicle and driver was provided under an exclusive contract of not less than seven days.
The repeal has been brought about because of concerns that section 75(1)(b) was being abused by some drivers who were claiming the exemption in order to escape the licensing requirements that ought to have otherwise applied.
In order to comply with the licensing laws, up to three licences may be required:
- An operator’s licence: this is granted for up to one year, and places various record-keeping requirements on licence holders;
- A vehicle licence: this is granted for up to one year after completion of a compliance test;
- A driver’s licence: this is currently granted for up to one year to drivers who can show they are ‘fit and proper’ after satisfactorily completing a medical examination, an enhanced Criminal Record Bureau disclosure, DSA driving assessment test and a conditions test.
CONTACT: Richard Morris, Communications Manager
Email: richard.morris@horsham.gov.uk