Taxi Driver Online

UK cab trade debate and advice
It is currently Mon Oct 23, 2017 11:41 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 9 posts ] 
Author Message
 Post subject: DEREGULATION ACT 2015
PostPosted: Wed Aug 26, 2015 1:11 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1279
These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
DEREGULATION ACT 2015
EXPLANATORY NOTES
COMMENTARY ON SECTIONS
Section 11: Private hire vehicles: sub-contracting
59. This section inserts two new sections (55A and 55B) into the Local Government (Miscellaneous Provisions) Act 1976 in relation to the sub-contracting of bookings from one private hire vehicle operator to another. It applies in England and Wales, but not in London or in Plymouth where different legislation applies.
60. In the new section 55A, subsection (1) allows an operator who accepts a booking for a private hire vehicle to sub-contract it to four types of operator - (a) an operator licensed and located in the same district as the initial operator; (b) an operator licensed and located in a different district from the initial operator (a different district but one which is still governed by the same legislation – in practice this means a district in England or Wales but outside London or Plymouth); (c) an operator licensed and located in London; or (d) a person located in Scotland. Scenario (a) constitutes a re-statement of existing law – it is already lawful for a private hire vehicle operator to sub-contract a booking to another operator licensed in the same licensing district. Scenario (a) has been included because it is not currently expressly stated on the face of the Act and stating all four scenarios where an operator can sub-contract a booking in this amendment makes the law clearer and easier to follow.
61. Subsection (2) of new section 55A clarifies that the new provision affects the legal position in respect of PHV operation under the 1976 Act; it is immaterial if the agreement between the passenger making the booking and the initial operator permits sub-contracting.
62. The purpose of subsections (3), (4) and (5) of new section 55A is to cover the scenario of a private hire vehicle operator who is licensed under section 55 of the 1976 but also holds a private hire vehicle operator licence in a different district or operates in a different area. This could happen where, for example, a company operates in a number of different areas.
63. Subsection (3) covers the scenario where an operator holds licences under section 55 of the 1976 Act for more than one licensing district. Subsection (4) covers the scenario where an operator holds a licence under section 55 of the 1976 Act and also holds a private hire vehicle operator licence issued by Transport for London in respect of London. Subsection (5) covers the scenario where an operator holds a licence under section 55 of the 1976 Act and also operates private hire cars or taxis in Scotland. Together, these subsections clarify that operators may sub-contract bookings effectively to themselves in the other districts or areas in exactly the same way that an operator can sub-contract to different operators by virtue of subsection (1).
64. Subsection (6) provides that the terms “London PHV operator” and “operating centre” mean exactly the same as when they are used in the legislation which regulates private hire vehicles in London.
These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
65. The new section 55B deals with operator liability in connection with sub-contracting. Subsection (1) simply draws a distinction between the operator who accepts the original booking and the operator who accepts the sub-contract (labelling them the first operator and the second operator respectively).
66. Subsection (2) of new section 55B establishes that an initial operator who sub-contracts a booking to an operator based in a different district or area in accordance with section 55A(1) does not breach the requirement in section 46(1)(e) of the 1976 Act (the requirement being that the driver and vehicle used to fulfil the booking must be licensed by the same licensing authority as granted the operator’s licence).
67. Subsection (3) applies to an operator licensed under section 55 of the 1976 Act who sub-contracts to an operator also licensed under section 55 of the 1976 Act (whether in the same or a different district). The subsection introduces criminal liability for the first operator if the second operator breaches the requirement in section 46(1)(e) in relation to the booking and the first operator knew the second operator would do so (i.e. knew the second operator would use a driver or vehicle that was not licensed in the same district as the second operator).
68. The section forms part of the law of England and Wales. It applies in England and Wales except in London or Plymouth where different legislation applies (although it does permit the sub-contracting of bookings to London operators).
69. The section comes into force on a day to be appointed by the Secretary of State in a commencement order.


Top
 Profile  
 
PostPosted: Wed Aug 26, 2015 2:57 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1279
These notes refer to the Deregulation Act 2015 (c.20) ​which received Royal Assent on 26 March 2015
DEREGULATION ACT 2015


EXPLANATORY NOTES


COMMENTARY ON SECTIONS
Section 10: Taxis and private hire vehicles: duration of licences
54. ​This section amends two sections of the Local Government (Miscellaneous Provisions)
Act 1976 that deal with the granting of licences to drive taxis and private hire vehicles and licences to operate private hire vehicles.
55. ​Subsection (2) changes the law in such a way as to establish a standard duration of three
years for taxi and private hire vehicle driver licences. The section specifies that a licence may be granted for a period of less than three years but only in the circumstances of an individual case, not because of a blanket policy.
56. ​Subsection (3) changes the law in such a way as to establish a standard duration of five
years for a private hire vehicle operator licence. The section specifies that a licence may be granted for a period of less than five years but only in the circumstances of an individual case, not because of a blanket policy.
57. ​The section forms part of the law of England and Wales. It applies in England and
Wales except in London or Plymouth where different legislation applies.
58. ​The section comes into force on a day to be appointed by the Secretary of State in a
commencement order.


Top
 Profile  
 
PostPosted: Tue Oct 13, 2015 9:45 am 
Offline

Joined: Tue Nov 26, 2013 9:55 pm
Posts: 9
can anyone tell me if a driver rents a radio or pda off a company does he need an operator licence to accept the bookings from the company. Because way I look at it they supply there own phv which makes them self employed and would class this as sub contracting


Top
 Profile  
 
PostPosted: Tue Oct 13, 2015 12:46 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1279
speedyblue wrote:
can anyone tell me if a driver rents a radio or pda off a company does he need an operator licence to accept the bookings from the company. Because way I look at it they supply there own phv which makes them self employed and would class this as sub contracting


Not if the vehicle is a Hackney,or a private hire vehicle licensed in the same area as the company is licensed.


Top
 Profile  
 
PostPosted: Thu Dec 29, 2016 5:30 am 
Offline

Joined: Wed May 11, 2016 1:19 pm
Posts: 54
Location: Houston, Texas, USA
The Deregulation Act 2015 is an Act of Parliament in the United Kingdom. It is. An Act to make provision for the reduction of burdens resulting from legislation

_________________
Taxi Driver App | Taxi booking solution | Uber Like App Development | Taxi Dispatch Software


Top
 Profile  
 
PostPosted: Thu Dec 29, 2016 12:49 pm 
Offline

Joined: Mon Jan 18, 2016 7:56 pm
Posts: 977
mancityfan wrote:
These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
DEREGULATION ACT 2015
EXPLANATORY NOTES
COMMENTARY ON SECTIONS
Section 11: Private hire vehicles: sub-contracting
59. This section inserts two new sections (55A and 55B) into the Local Government (Miscellaneous Provisions) Act 1976 in relation to the sub-contracting of bookings from one private hire vehicle operator to another. It applies in England and Wales, but not in London or in Plymouth where different legislation applies.
60. In the new section 55A, subsection (1) allows an operator who accepts a booking for a private hire vehicle to sub-contract it to four types of operator - (a) an operator licensed and located in the same district as the initial operator; (b) an operator licensed and located in a different district from the initial operator (a different district but one which is still governed by the same legislation – in practice this means a district in England or Wales but outside London or Plymouth); (c) an operator licensed and located in London; or (d) a person located in Scotland. Scenario (a) constitutes a re-statement of existing law – it is already lawful for a private hire vehicle operator to sub-contract a booking to another operator licensed in the same licensing district. Scenario (a) has been included because it is not currently expressly stated on the face of the Act and stating all four scenarios where an operator can sub-contract a booking in this amendment makes the law clearer and easier to follow.
61. Subsection (2) of new section 55A clarifies that the new provision affects the legal position in respect of PHV operation under the 1976 Act; it is immaterial if the agreement between the passenger making the booking and the initial operator permits sub-contracting.
62. The purpose of subsections (3), (4) and (5) of new section 55A is to cover the scenario of a private hire vehicle operator who is licensed under section 55 of the 1976 but also holds a private hire vehicle operator licence in a different district or operates in a different area. This could happen where, for example, a company operates in a number of different areas.
63. Subsection (3) covers the scenario where an operator holds licences under section 55 of the 1976 Act for more than one licensing district. Subsection (4) covers the scenario where an operator holds a licence under section 55 of the 1976 Act and also holds a private hire vehicle operator licence issued by Transport for London in respect of London. Subsection (5) covers the scenario where an operator holds a licence under section 55 of the 1976 Act and also operates private hire cars or taxis in Scotland. Together, these subsections clarify that operators may sub-contract bookings effectively to themselves in the other districts or areas in exactly the same way that an operator can sub-contract to different operators by virtue of subsection (1).
64. Subsection (6) provides that the terms “London PHV operator” and “operating centre” mean exactly the same as when they are used in the legislation which regulates private hire vehicles in London.
These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
65. The new section 55B deals with operator liability in connection with sub-contracting. Subsection (1) simply draws a distinction between the operator who accepts the original booking and the operator who accepts the sub-contract (labelling them the first operator and the second operator respectively).
66. Subsection (2) of new section 55B establishes that an initial operator who sub-contracts a booking to an operator based in a different district or area in accordance with section 55A(1) does not breach the requirement in section 46(1)(e) of the 1976 Act (the requirement being that the driver and vehicle used to fulfil the booking must be licensed by the same licensing authority as granted the operator’s licence).
67. Subsection (3) applies to an operator licensed under section 55 of the 1976 Act who sub-contracts to an operator also licensed under section 55 of the 1976 Act (whether in the same or a different district). The subsection introduces criminal liability for the first operator if the second operator breaches the requirement in section 46(1)(e) in relation to the booking and the first operator knew the second operator would do so (i.e. knew the second operator would use a driver or vehicle that was not licensed in the same district as the second operator).
68. The section forms part of the law of England and Wales. It applies in England and Wales except in London or Plymouth where different legislation applies (although it does permit the sub-contracting of bookings to London operators).
69. The section comes into force on a day to be appointed by the Secretary of State in a commencement order.



No one has answered the question that was asked when this was enacted.

It clearly states in these explanatory notes that the Private hire operator accepting the booking for a private hire vehicle can only sub-contract to another Private hire operator to fulfil the booking with a private hire vehicle,no mention of TAXIS therefor using a TAXI to fulfil a booking accepted by a Private hire operator surely is an infringement of the Act.

Enforcement of the Act would kill this out of town vehicle scenario immediately,again it is the lack of will by Licensing Authorities to enforce the rules allowing this to take place,but they attack the TAXI trade with costly so called training exercises to make themselves look good and earn brownie points.


Top
 Profile  
 
PostPosted: Thu Dec 29, 2016 1:51 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 16786
heathcote wrote:
mancityfan wrote:
These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
DEREGULATION ACT 2015
EXPLANATORY NOTES
COMMENTARY ON SECTIONS
Section 11: Private hire vehicles: sub-contracting
59. This section inserts two new sections (55A and 55B) into the Local Government (Miscellaneous Provisions) Act 1976 in relation to the sub-contracting of bookings from one private hire vehicle operator to another. It applies in England and Wales, but not in London or in Plymouth where different legislation applies.
60. In the new section 55A, subsection (1) allows an operator who accepts a booking for a private hire vehicle to sub-contract it to four types of operator - (a) an operator licensed and located in the same district as the initial operator; (b) an operator licensed and located in a different district from the initial operator (a different district but one which is still governed by the same legislation – in practice this means a district in England or Wales but outside London or Plymouth); (c) an operator licensed and located in London; or (d) a person located in Scotland. Scenario (a) constitutes a re-statement of existing law – it is already lawful for a private hire vehicle operator to sub-contract a booking to another operator licensed in the same licensing district. Scenario (a) has been included because it is not currently expressly stated on the face of the Act and stating all four scenarios where an operator can sub-contract a booking in this amendment makes the law clearer and easier to follow.
61. Subsection (2) of new section 55A clarifies that the new provision affects the legal position in respect of PHV operation under the 1976 Act; it is immaterial if the agreement between the passenger making the booking and the initial operator permits sub-contracting.
62. The purpose of subsections (3), (4) and (5) of new section 55A is to cover the scenario of a private hire vehicle operator who is licensed under section 55 of the 1976 but also holds a private hire vehicle operator licence in a different district or operates in a different area. This could happen where, for example, a company operates in a number of different areas.
63. Subsection (3) covers the scenario where an operator holds licences under section 55 of the 1976 Act for more than one licensing district. Subsection (4) covers the scenario where an operator holds a licence under section 55 of the 1976 Act and also holds a private hire vehicle operator licence issued by Transport for London in respect of London. Subsection (5) covers the scenario where an operator holds a licence under section 55 of the 1976 Act and also operates private hire cars or taxis in Scotland. Together, these subsections clarify that operators may sub-contract bookings effectively to themselves in the other districts or areas in exactly the same way that an operator can sub-contract to different operators by virtue of subsection (1).
64. Subsection (6) provides that the terms “London PHV operator” and “operating centre” mean exactly the same as when they are used in the legislation which regulates private hire vehicles in London.
These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
65. The new section 55B deals with operator liability in connection with sub-contracting. Subsection (1) simply draws a distinction between the operator who accepts the original booking and the operator who accepts the sub-contract (labelling them the first operator and the second operator respectively).
66. Subsection (2) of new section 55B establishes that an initial operator who sub-contracts a booking to an operator based in a different district or area in accordance with section 55A(1) does not breach the requirement in section 46(1)(e) of the 1976 Act (the requirement being that the driver and vehicle used to fulfil the booking must be licensed by the same licensing authority as granted the operator’s licence).
67. Subsection (3) applies to an operator licensed under section 55 of the 1976 Act who sub-contracts to an operator also licensed under section 55 of the 1976 Act (whether in the same or a different district). The subsection introduces criminal liability for the first operator if the second operator breaches the requirement in section 46(1)(e) in relation to the booking and the first operator knew the second operator would do so (i.e. knew the second operator would use a driver or vehicle that was not licensed in the same district as the second operator).
68. The section forms part of the law of England and Wales. It applies in England and Wales except in London or Plymouth where different legislation applies (although it does permit the sub-contracting of bookings to London operators).
69. The section comes into force on a day to be appointed by the Secretary of State in a commencement order.



No one has answered the question that was asked when this was enacted.

It clearly states in these explanatory notes that the Private hire operator accepting the booking for a private hire vehicle can only sub-contract to another Private hire operator to fulfil the booking with a private hire vehicle,no mention of TAXIS therefor using a TAXI to fulfil a booking accepted by a Private hire operator surely is an infringement of the Act.

Enforcement of the Act would kill this out of town vehicle scenario immediately,again it is the lack of will by Licensing Authorities to enforce the rules allowing this to take place,but they attack the TAXI trade with costly so called training exercises to make themselves look good and earn brownie points.

I take it that your argument is that because it doesn't state it, then it can't be done. Where as other arguments are that because it doesn't state it means it can be done. The fact that there doesn't seem to be any kind of prosecution from anywhere to show that a private hire operator can't pass work to any hackney carriage driver would seem to suggest that it is a permitted action.

_________________
Grandad,
old fart with no heart


Top
 Profile  
 
PostPosted: Thu Dec 29, 2016 5:14 pm 
Offline

Joined: Tue Jan 12, 2010 9:15 am
Posts: 79
Local Government (Miscellaneous Provisions) Act 1976 - section 67(1)

67 Hackney carriages used for private hire.

(1) No hackney carriage shall be used in the district under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or tables mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

See Brentwood v Gladen 2004


Top
 Profile  
 
PostPosted: Thu Dec 29, 2016 8:04 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 39141
Location: 1066 Country
The reason it say private hire not private hire and hackney is because the provisions that were being amended don't apply to hackneys.

In short you can't amend a provision that doesn't exist.

_________________
IDFIMH


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 7 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group