roythebus wrote:
This info just received from the LPHCA Newsletter. The law was enacted on the last day of parliament along with a whole raft of other legislation. the section highlighted in red throws the county council's contract even further into the realms of being not fit for purpose.
Private hire vehicles: sub-contracting
In the Local Government (Miscellaneous Provisions) Act 1976, after section 55 insert -
55A Sub-contracting by operators
(1) A person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle may arrange for another person to provide a vehicle to carry out the booking if -
(a) the other person is licensed under section 55 in respect of the same controlled district and the sub-contracted booking is accepted in that district;
(b) the other person is licensed under section 55 in respect of another controlled district and the sub-contracted booking is accepted in that district;
(c) the other person is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London; or
(d) the other person accepts the sub-contracted booking in Scotland.
(2) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the person licensed under section 55 who accepted the booking and the person who made the booking.
(3) Where a person licensed under section 55 in respect of a controlled district is also licensed under that section in respect of another controlled district, subsection (1) (so far as relating to paragraph (b) of that subsection) and section 55B (1) and (2) apply as if each licence were held by a separate person.
(4) Where a person licensed under section 55 in respect of a controlled district is also a London PHV operator, subsection (1) (so far as relating to paragraph (c) of that subsection) and section 55B (1) and (2) apply as if the person holding the licence under section 55 and the London PHV operator were separate persons.
(5) Where a person licensed under section 55 in respect of a controlled district also makes provision in the course of a business for the invitation or acceptance of bookings for a private hire car or taxi in Scotland, subsection (1) (so far as relating to paragraph (d) of that subsection) and section 55B (1) and (2) apply as if the person holding the licence under section 55 and the person making the provision in Scotland were separate persons. In this subsection, “private hire car” and “taxi” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.
(6) In this section, “London PHV operator” and “operating centre” have the same meaning as in the Private Hire Vehicles (London) Act 1998.
55B Sub-contracting by operators: criminal liability
(1) In this section—
“the first operator” means a person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle and then made arrangements for another person to provide a vehicle to carry out the booking in accordance with section 55A (1);
“the second operator” means the person with whom the first operator made the arrangements (and, accordingly, the person who accepted the sub-contracted booking).
(2) The first operator is not to be treated for the purposes of section 46(1)(e) as operating a private hire vehicle by virtue of having invited or accepted the booking.
(3) The first operator is guilty of an offence if—
(a) the second operator is a person mentioned in section 55A (1)(a) or (b),
(b) the second operator contravenes section 46(1)(e) in respect of the sub-contracted booking, and
(c) the first operator knew that the second operator would contravene section 46(1)(e) in respect of the booking.
I think it does not come into force until October.
Login
Register
FAQ
