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Please find below a copy of the legislation regarding taxi & private hire car licensing & regulation in Scotland, in particular for J.D.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 10 Taxi and private hire car licences.
(1) A licence, to be known as a "taxi licence" or, as the case may be, a
"private hire car licence", shall be required for the operation of a vehicle
as--
(a) a taxi; or
(b) a private hire car.
(2) A licensing authority shall not grant or renew a taxi licence or
private hire car licence unless they are satisfied that the vehicle to which
the licence is to relate is suitable in type, size and design for use as a
taxi or private hire car, as the case may be, and is safe for that use, and
that there is in force in relation to the vehicle such a policy of insurance
or such security as complies with Part VI of the Road Traffic Act 1972.
(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be
refused by a licensing authority for the purpose of limiting the number of
taxis in respect of which licence are granted by them if, but only if, they
are satisfied that there is no significant demand for the services of taxis
in their area which is unmet.
(4) A vehicle shall, for the purposes of subsection (2) above, be treated
by a licensing authority as being suitable in type, size and design if it
complies with regulations in that regard made by the Secretary of State
under section 20(2) of this Act in respect of their area.
(5) A taxi licence or private hire car licence shall extend to the
operation of a vehicle substituted for the vehicle in respect of which the
licence was granted or, as the case may be, last renewed if the licensing
authority are as respects the substitute vehicle satisfied as to the matters
specified in subsection (2) above, and where a taxi licence or private hire
car licence extends under this subsection to a substitute vehicle,
subsection (6) below shall not apply in respect of the vehicle replaced by
the substitute vehicle.
(6) Subject to subsection (5) above, the holder of a taxi or private hire
car licence shall within 28 days of his selling or otherwise disposing of
the vehicle to which the licence relates deliver to the licensing authority
his licence and any licence plate or other thing which has been issued by
the licensing authority for the purpose of indicating that the vehicle is a
taxi or, as the case may be, private hire car, and if without reasonable
excuse he fails to do so he shall be guilty of an offence and liable, on
summary conviction, to a fine not exceeding [level 2 on the standard scale]
Section 10(3) substituted by Transport Act 1985 (c.67), s. 139(2),
Sch. 7 para. 23(5) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975
(c.21), s. 289G
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 11 Inspection and testing of vehicles.
(1) The holder of a taxi or private hire car licence shall present the taxi
or private hire car for inspection and testing by or on behalf of the
licensing authority within such period and at such place as they may by
notice reasonably require.
(2) An authorised officer of a licensing authority (as respects a taxi or
private hire car licensed for the area of the authority) or a constable
shall have power at any reasonable time to inspect and test, for the purpose
of ascertaining its fitness, a licensed taxi or private hire car or, for the
purpose of testing its fitness or accuracy, any taximeter and if he is not
satisfied as to the safety of the taxi or private hire car for the carriage
of passengers or as to the fitness or accuracy of the taximeter he may by
notice in writing--
(a) require the holder of the taxi or private hire car licence to make the
taxi, private hire car or taximeter, as the case may be, available for
further inspection at such reasonable time and place as may be specified in
the notice;
(b) suspend the licence until such time as an authorised officer of the
licensing authority or a constable is so satisfied:
Provided that, if an authorised officer or constable is not so satisfied
before the expiration of a period of 28 days from the date of the suspension
of the licence, the said licence shall, by virtue of this subsection, be
deemed to have been suspended by the licensing authority under paragraph 11
of Schedule 1
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 12 Fees for taxi and private hire car licences.
A licensing authority shall charge such fees in respect of taxi and private
hire car licences and applications for such licences as may be resolved by
them from time to time and shall seek to ensure that the total amount of
such fees is sufficient to meet the expenses incurred by them in carrying
out their functions under sections 10 to 23 (other than section 19 of this Act in relation to such licences).
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 13 Taxi and private hire car driving licences.
(1) A licence, to be known as a "taxi driver's licence" or, as the case may
be, a "private hire car driver's licence", shall, subject to subsection (2)
below, be required for driving or otherwise having charge of a taxi or
private hire car.
(2) A private hire car driver's licence shall not be required by the holder
of a taxi driver's licence for driving or otherwise having charge of a
private hire car whilst in operation as such.
(3) A licensing authority shall not grant a licence to any person under
this section unless that person has held, during any continuous period of 12
months prior to the date of his application, a licence authorising him to
drive a motor car issued under Part III of the Road Traffic Act 1972 or a
licence which would at the time of his application entitle him to such a
licence without taking a test, not being a provisional licence.
(4) A licensing authority may, at any time, for the purposes of satisfying
themselves that he is physically fit to drive a taxi or, as the case may be,
private hire car, require an applicant for or holder of a taxi driver's
licence or private hire car driver's licence to submit to medical
examination, at their expense, by a medical practitioner nominated by them.
(5) A licensing authority may require an applicant for a taxi driver's
licence to take a test of his knowledge of the area to which the licence is
to relate, of the layout of roads in that area and such other matters
relating to the operation of a taxi as the authority consider desirable, and
the authority may refuse to grant a licence to a person who does not satisfy
them that he has adequate knowledge of any of these matters.
(6) If a person holding a licence under this section ceases for any reason
to be authorised by law to drive on a road [...] [FN1] the vehicle to which
the licence relates, the licence shall cease to have effect.
[FN1] Words repealed by Road (Scotland) Act 1984 (c.54), s. 156(3), Sch. 11
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 14 Signs on vehicles other than taxis.
(1) Subject to subsection (2) below, there shall not be displayed on or in
a private hire car any word, sign, notice, mark, illumination or other
feature which may suggest that the vehicle is available for hire as a taxi.
(2) Subsection (1) above does not apply in relation to any licence plate or
other thing issued by the licensing authority for the purpose of indicating
that the vehicle to which it relates is a private hire car or in relation to
any sign required by virtue of section 21 of the Vehicles (Excise) Act 1971.
(3) Any person who--
(a) drives a vehicle in respect of which subsection (1) is contravened; or
(b) causes or knowingly permits that subsection to be contravened in
respect of any vehicle,
shall be guilty of an offence and liable, on summary conviction, to a fine
not exceeding [level 3 on the standard scale] [FN1].
[FN1] Words substituted by virtue of Criminal Procedure (Scotland) Act 1975
(c.21), s. 289G
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 15 Operation of taxis outside licensing areas.
(1) A licensing authority, with the agreement of another licensing
authority, may name destinations or classes of destinations in the area of
the other authority and, with the agreement aforesaid, fix scales under
section 17 of this Act for journeys from their area by taxis
licensed by them to such destinations or classes thereof.
(2) The conditions to which a taxi driver's licence are subject shall
continue to apply while the taxi or its driver is engaged in such a journey.
(3) Nothing in this section or in Part I of this Act enables a condition to
be imposed in a taxi driver's licence requiring him to make any journey to a
destination outside the area in respect of which he is licensed.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 16
16. [...] [FN1]
[FN1] Inserts s. 75(2A) in Local Government (Miscellaneous Provisions) Act
1976 (c. 57)
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 17 Taxi fares.
(1) The fares for the hire of taxis in any area and all other charges in
connection with the hire of a taxi or with the arrangements for its hire
shall be not greater than those fixed for that area under this section and
section 18 of this Act.
(2) It shall be the duty of the licensing authority to fix from time to
time scales for the fares and other charges mentioned in subsection (1)
above and to review these scales at intervals not exceeding 18 months from
the date on which the scales came into effect (whether proceeding upon a
review under this section or not).
(3) Before fixing any scales or carrying out any review under this section
the licensing authority shall--
(a) consult with persons or organisations appearing to them to be, or be
representative of, the operators of taxis operating within their area; and
(b) give notice of their intention by advertisement in a newspaper
circulating in their area stating--
(i) the general effect of the proposals and the date when they propose
that their decision will take effect; and
(ii) that any person may lodge representations in writing with respect
to the proposals within a period of one month after the date of the first
publication of the notice; and
(c) consider any such representations duly lodged with them.
(4) Where, under this section, the licensing authority fix any scale or
carry out any review they shall forthwith give notice in writing of their
decision (including, in the case of a review, a decision to do nothing) to
such persons and organisations as they have consulted under subsection
(3)(a) above and inform them of the general effect of section 18(1) of this Act.
(5) Notice shall be given for the purposes of subsection (4) above by--
(a) its being sent by recorded delivery letter to the last known addresses
of the persons and organisations referred to in subsection (4) above so as
to arrive there, in the normal course of post, not later than five days
after the decision referred to in subsection (4) above; or
(b) personal service of the notice upon those persons within that time.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 18 Appeals in respect of taxi fares.
(1) Any person who operates a taxi in an area for which scales have been
fixed or in respect of which a review has been carried out under section 17 of this Act may, within 14 days after the decision
upon the scales or, as the case may be, upon the review, appeal against
these scales to the traffic [commissioner] [FN1] for the Scottish Traffic
Area as constituted for the purpose of the Public Passenger Vehicles Act
1981.
(2) The traffic [commissioner] [FN2] may hear an appeal under this section
notwithstanding that it was not lodged with [him] [FN3] within the time
mentioned in subsection (1) above.
(3) On an appeal to them under subsection (1) above, the traffic
[commissioner] [FN4] may--
(a) confirm or alter the scales; or
(b) may decline to proceed--
(i) at any stage in the appeal, on the grounds that [he considers] [FN5]
the case for the appellant is not representative of the view of a
substantial proportion of the operators of taxis operating in the area of
the licensing authority;
(ii) if less than two years have elapsed since [he decided] [FN6] an
appeal against a decision of the same authority in respect of the same
scale, and [he considers] [FN7] it inappropriate that [he should consider]
[FN8] the matter again.
(4) An appeal under this section shall have the effect of suspending the
decision referred to in subsection (1) above until the date when the appeal
is abandoned or, as the case may be, when notice is given to the appellant
advising him of its disposal.
(5) Where [he alters] [FN9] scales under subsection (3)(a) above, the
traffic [commissioner] [FN10] may substitute a different date for the coming
into effect of these scales.
(6) The Secretary of State may [by order made by statutory instrument]
[FN11]make rules as to procedure in relation to appeals under this section.
(7) The decision of the traffic [commissioner] [FN12] on an appeal under
this section shall be final.
(8) The traffic [commissioner] [FN13] shall give notice of [his] [FN14]
decision in writing to the appellant and to the licensing authority and
notice shall be given to the appellant by--
(a) its being sent by recorded delivery letter to his last known address
or, as the case may be, to them so as to arrive, in the normal course of
post, not later than five days after [his] [FN15] decision; or
(b) personal service of the notice on the appellant within that time.
(9) As soon as practicable after the expiration of the period of 14 days
referred to in subsection (1) above or, where an appeal has been lodged, on
the date when it is abandoned or when notice is given to the appellant of
its disposal, the licensing authority shall, by advertisement in a newspaper
circulating in their area, give public notice of the scales which have been
determined under section 17 of this Act and this section and the date when they
come into effect which shall be not earlier than seven days after the date
of the advertisement.
(10) A licensing authority shall pay the expenses incurred under this
section by the traffic [commissioner] [FN16] in relation to appeals under
this section.
(11) [...] [FN17]
[FN1] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN2] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN3] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(b)
[FN4] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN5] Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para.
5(c)
[FN6] Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para.
5(c)
[FN7] Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para.
5(c)
[FN8] Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para.
5(c),it is provided that in s. 18
[FN9] Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para.
5(d)
[FN10] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN11] Words inserted by Transport Act 1985 (c.67), s. 139(2), Sch. 7 para.
23(2)
[FN12] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN13] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN14] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(e)
[FN15] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(e)
[FN16] Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II
para. 5(a)
[FN17] Amends Tribunals and Inquiries Act 1971 (c. 62), Sch. 1 Pt. II
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 19 Taxi stances.
(1) A licensing authority may, after consultation with persons or
organisations appearing to them to be, or be representative of, the
operators of taxis operating in their area, appoint stances for taxis for
the whole or any part of a day in any road within their area or on any land
owned by the authority, or, with the consent of the owner, on any land owned
by him.
(2) A licensing authority may--
(a) erect and illuminate signs;
(b) cause lines or marks to be made on roads;
indicating the limits of taxi stances.
(3) A licensing authority may from time to time, after consultation as
mentioned in subsection (1) above, vary the number of taxis permitted to be
at each stance and alter the position of such stances or revoke the
appointment thereof.
(4) Before appointing any stance for taxis or varying the number of taxis
permitted to be at each stance, the licensing authority shall give notice to
the chief constable of the area in which the stance is situated and shall
also give public notice of the proposal by advertisement in at least one
newspaper circulating in their area and shall take into consideration any
objections or representations in respect of such proposal which may be made
to them in writing within 28 days of the first publication of such notice.
(5) Nothing in this section shall empower a licensing authority to appoint
any taxi stance so as unreasonably to prevent access to any premises or,
without the consent of the [roads authority] [FN1], to appoint any taxi
stance on any highway or erect or illuminate any sign there or cause any
line or mark to be made on any road [...] [FN2].
[FN1] Words substituted by Roads (Scotland) Act 1984 (c.54), s. 156(1),
Sch. 9 para. 87(2)(a)
[FN2] Words repealed by Roads (Scotland) Act 1984 (c.54), s. 156(1)(3),
Sch. 9 para. 87(2)(c), Sch. 11
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 20 Regulations relating to taxis and private hire cars and their drivers.
(1) Notwithstanding paragraph 5(2) of Schedule 1 to this Act, the Secretary of State may by
regulations provide that licensing authorities shall, in relation to taxi,
private hire car, taxi drivers' or private hire car drivers' licences,
impose such conditions or classes of conditions as may be prescribed in the
regulations and shall not impose such other conditions or classes of
conditions as may be so prescribed [and may provide that such conditions
shall be imposed or, as the case may be, shall not be imposed for different
areas or classes of areas; and different conditions or classes of conditions
may be prescribed in relation to different categories of taxi or private
hire car.
[FN1].
(2) The Secretary of State may by regulations made by statutory instrument
prescribe types, sizes and designs of vehicles for the purposes of section
10(4) of this Act and, in doing so, may prescribe
different types, sizes or designs of vehicles in respect of different areas.
(3) Regulations under subsection (1) above shall be made by statutory
instrument subject to annulment in pursuance of a resolution of either House
of Parliament.
[FN1] Words added by Transport Act 1985 (c.67), s. 139(2), Sch. 7 para.
23(3)
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 21 Offences.
(1) If any person--
(a) operates, or permits the operation of, a taxi within an area in
respect of which its operation requires to be but is not licensed or the
driver requires to be but is not licensed, or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed,
that person shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding [level 4 on the standard scale] [FN1].
(2) Subsection (1) above does not apply to the operation of a taxi or
private hire car within an area in respect of which its operation or its
driver is not licensed if the request for its hiring was received by its
driver [(otherwise than in a public place from the person to be conveyed in
it, or a person acting on his behalf, for a journey beginning there and
then) ] [FN2] whilst--
(a) in the area or in that part thereof in respect of which its operation
and its driver are licensed;
(b) engaged on hire on a journey which began in that area or part or will
end there; or
(c) returning to that area or part immediately following completion of a
journey on hire.
(3) Subsection (1)(b) above does not apply to the operation of a vehicle
within an area in respect of which its operation or its driver is not
licensed if there are in force--
(i) in respect of the vehicle, a licence under section 37 of the Town Police Clauses Act 1847 (licensing of
hackney carriages) or section 48 of the Local Government (Miscellaneous Provisions)
Act 1976 (licensing of private hire vehicles); and
(ii) in respect of its driver, a licence under section 46 of the said Act of 1847 (licensing of hackney
carriage drivers) or, as the case may be, section 51 of the said Act of 1976 (licensing of drivers of
private hire vehicles).
(4) If any person, being the holder of a taxi licence or private hire car
licence in respect of a vehicle, permits another person who does not have a
current taxi driver's licence or private hire car driver's licence, as the
case may be, to operate the vehicle as a taxi or, as the case may be, a
private hire car he shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding [level 4 on the standard scale] [FN3].
(5) If any person demands fares or other charges in respect of the hire of
a taxi or for the hire of a private hire car which is fitted with a
taximeter in excess of the scales established under sections 17 and 18 of this Act, he shall be guilty of an offence and
liable on summary conviction, to a fine not exceeding [level 4 on the
standard scale] [FN4].
(6) If any person without good cause breaks the seal on a taximeter or
operates or drives a taxi or private hire car knowing that the seal on its
meter has been broken, he shall be guilty of an offence and liable, on
summary conviction, to a fine not exceeding [level 4 on the standard scale]
[FN5] or to imprisonment for a period not exceeding 60 days or to both.
(7) If any person, without reasonable excuse, causes or permits any vehicle
other than a taxi to wait on any stance for taxis during any period for
which that stance has been appointed by a licensing authority under section
19 of this Act, he shall be guilty of an offence and
liable, on summary conviction, to a fine not exceeding [level 2 on the
standard scale] [FN6].
Notice of the effect of subsection (7) above shall be indicated by such
traffic signs as may be prescribed as authorised for the purpose by the
Secretary of State in pursuance of his powers under section 54 > of the Road Traffic Regulation Act 1967.
[FN1] Words substituted by virtue of Criminal Procedure (Scotland) Act 1975
(c.21), s. 289G
[FN2] Words inserted by Transport Act 1985 (c.67), s. 139(2), Sch. 7 para.
23(4)
[FN3] Words substituted by virtue of Criminal Procedure (Scotland) Act 1975
(c.21), s. 289G
[FN4] Words substituted by virtue of Criminal Procedure (Scotland)Act1975
(c.21), s. 289G
[FN5] Words substituted by virtue of Criminal Procedure (Scotland) Act 1975
(c.21), s. 289G
[FN6] Words substituted by virtue of Criminal Procedure (Scotland) Act 1975
(c.21), s. 289G
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 22 Saving for certain vehicles etc.
Nothing in sections 10 to 21 (with the exception of subsection (7) of section 21
of this Act shall--
(a) apply to a vehicle used for bringing passengers or goods within and
taking them out of an area in respect of which the vehicle is not licensed
as a taxi or a private hire car in pursuance of a contract for the hire of
the vehicle made outside the area if the vehicle is not made available for
hire within the area;
(b) apply to a vehicle while it is being used in connection with a funeral
or wedding;
(c) apply to any vehicle while it is being used for carrying passengers
under a contract for its exclusive hire for a period of not less than 24
hours.
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45
PART II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
LICENSING AND REGULATION OF TAXIS AND PRIVATE HIRE CARS
s 23 Interpretation of sections 10 to 22.
(1) In sections 10 to 22 of this Act--
"taxi" means a hire car which is engaged, by arrangements made in a
public place between the person to be conveyed in it (or a person acting on
his behalf) and its driver for a journey beginning there and then; and
"private hire car" means a hire car other than a taxi within the meaning
of this subsection.
(2) In subsection (1) above, "hire car" means a motor vehicle with a driver
(other than a vehicle being a public service vehicle within the meaning of
section 1(1)(a) of the Public Passenger Vehicles Act 1981) which
is, with a view to profit, available for hire by the public for personal
conveyance.
(3) Notwithstanding that a vehicle in respect of which there is a licence
for its operation as a taxi is, on any occasion, engaged as a hire car
otherwise than in the manner referred to in subsection (1) above, the
enactments relating to its operation as a taxi, and to the driving of it as
such (including any such enactments in this Act) shall nonetheless apply in
relation to it; and that other manner of engagement on that occasion shall
not of itself cause the operation or driving of the licensed taxi to be
regarded for the purposes of this Act as the operation or driving of a
private hire car within the meaning of subsection (1) above.
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