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PostPosted: Mon Dec 22, 2008 8:01 am 
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What is a Public service vehicle?


I guess we all know that a public service vehicle ('PSV') is a motor vehicle (other than a tramcar) which, if adapted to carry more than eight passengers, is used for carrying passengers for hire or reward, or, if not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers. Subject of course to certain exceptions, a PSV must not be used on a road for carrying passengers for hire or reward except under a PSV operator's licence.

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JD

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PostPosted: Mon Dec 22, 2008 8:24 am 
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Lets consider "Grant of licences".

An application for a standard licence may not be granted unless the traffic commissioner is satisfied that the applicant meets the requirements:

(1) to be of good repute;
(2) to be of appropriate financial standing; and
(3) as to professional competence.


An application for a restricted licence may not be granted unless the traffic commissioner is satisfied that the applicant meets the requirements to be of good repute and of appropriate financial standing.

Notwithstanding that it appears to the traffic commissioner on an application for a standard or restricted licence that the above requirements are met, the application may not be granted unless the commissioner is further satisfied:

(a) that there will be adequate facilities or arrangements for maintaining in a fit and serviceable condition the vehicles proposed to be used under the licence; and

(b) that there will be adequate arrangements for securing compliance with the requirements of the law relating to the driving and operation of those vehicles.

In considering on an application for a PSV operator's licence whether the requirements of heads (a) and (b) above are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application and may assume that those undertakings will be fulfilled.

If on an application for a PSV operator's licence the traffic commissioner determines that the relevant requirements of heads (1) to (3) above and the further requirements of heads (a) and (b) above are satisfied he must grant the licence in accordance with the application.

In any case where the traffic commissioner grants an application for a PSV operator's licence, any undertakings taken into account by him that he considers to be material to the granting of the application must be recorded in the licence issued to the applicant.
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PostPosted: Mon Dec 22, 2008 8:44 am 
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Gone through this many times before but here we go again.

Use of taxis in providing local services.

Where the holder of a taxi licence:

(1) applies to the appropriate traffic commissioner for a restricted PSV operator's licence to be granted to him under Part II of the Public Passenger Vehicles Act 1981; and

(2) states in his application that he proposes to use one or more licensed taxis to provide a local service, that provision of the Public Passenger Vehicles Act 1981 which specifies the conditions to be met before the grant of a PSV operator's licence is not to apply, and the commissioner must grant the application.

Without prejudice to his powers to attach other conditions, any traffic commissioner granting a special licence must attach specified conditions to it.

The conditions are:

(a) that every vehicle used under the licence must be one for which the holder of the licence has a taxi licence; and

(b) that no vehicle is to be used under the licence otherwise than for providing a local service with one or more stopping places within the area of the authority which granted the taxi licence of the vehicle in question.

At any time when a licensed taxi is being used for the provision of a local service under a special licence it must carry such documents, plates and marks, in such manner, as may be prescribed.

Such provisions of the taxi code as may be prescribed apply in relation to a licensed taxi at any time when it is being so used, and any such provision may be so applied subject to such modifications as may be prescribed.

A person may hold more than one special licence but may not at the same time hold more than one such licence granted by the traffic commissioner for a particular traffic area.

For these purposes, 'special licence' means a restricted PSV operator's licence granted by virtue of the Transport Act 1985 s 12 (as amended): s 12(2).
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