|
The following is legislation appertaining to the provisions of hire or reward. Please note the amendments. The references to the 1985 Transport act relate mainly to Taxis.
Other cases centring on PCV licensing and hire or Reward are accessibly on TDO such as
Rout v Swallow Hotels, (1993 Crawley BC v Ovenden DPP v Sikondar Wurzal v Addison And the big daddy case of Albert v Motor Insurers Bureau, [1972]. Which is not yet on TDO. I'll supply a link to this case shortly.
...............................................................................................
United Kingdom Statute 1981 c 14 Pt I s 1
Law in force. PUBLIC PASSENGER VEHICLES ACT 1981 CHAPTER 14
PART I PRELIMINARY
DEFINITION AND CLASSIFICATION OF PUBLIC SERVICE VEHICLES
UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office.
In-force date: March 31, 1991 (see Analysis Tab for Commencement Information)
s 1 Definition of "public service vehicle".
(1) Subject to the provisions of this section, in this Act "public service vehicle" means a motor vehicle (other than a tramcar) which--
(a) being a vehicle adapted to carry more than eight passengers, is used for carrying passengers for hire or reward; or
(b) being a vehicle not so adapted, is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.
(2) For the purposes of subsection (1) above a vehicle "is used" as mentioned in paragraph (a) or (b) of that subsection if it is being so used or if it has been used as mentioned in that paragraph and that use has not been permanently discontinued.
(3) A vehicle carrying passengers at separate fares in the course of a business of carrying passengers, but doing so in circumstances in which the conditions set out in Part I, [...] [FN1] or III of Schedule 1 to this Act are fulfilled, shall be treated as not being a public service vehicle unless it is adapted to carry more than eight passengers.
(4) For the purposes of this section a journey made by a vehicle in the course of which one or more passengers are carried at separate fares shall not be treated as made in the course of a business of carrying passengers if--
(a) the fare or aggregate of the fares paid in respect of the journey does not exceed the amount of the running costs of the vehicle for the journey; and
(b) the arrangements for the payment of fares by the passenger or passengers so carried were made before the journey began; and for the purposes of paragraph (a) above the running costs of a vehicle for a journey shall be taken to include an appropriate amount in respect of depreciation and general wear.
(5) For the purposes of this section, [...] [FN2] and Schedule 1 to this Act--
(a) a vehicle is to be treated as carrying passengers for hire or reward if payment is made for, or for matters which include, the carrying of passengers, irrespective of the person to whom the payment is made and, in the case of a transaction effected by or on behalf of a member of any association of persons (whether incorporated or not) on the one hand and the association or another member thereof on the other hand, notwithstanding any rule of law as to such transactions;
(b) a payment made for the carrying of a passenger shall be treated as a fare notwithstanding that it is made in consideration of other matters in addition to the journey and irrespective of the person by or to whom it is made;
(c) a payment shall be treated as made for the carrying of a passenger if made in consideration of a person's being given a right to be carried, whether for one or more journeys and whether or not the right is exercised.
(6) Where a fare is paid for the carriage of a passenger on a journey by air, no part of that fare shall be treated for the purposes of subsection (5) above as paid in consideration of the carriage of the passenger by road by reason of the fact that, in case of mechanical failure, bad weather or other circumstances outside the operator's control, part of that journey may be made by road.
Notes:
Modified in part by virtue of S.I. 1980/1460, regs. 4-6 (as amended by S.I. 1981/462, regs. 2-4) and Interpretation Act 1978 (c.30) ss. 17(2)(a), 23(3)Act modified by S.I. 1984/748, regs. 4(2), 5(2), 6(2), 7(2), 9(2), 10(2), 11(2), 12(2), Sch. 2Excluded by London Regional Transport Act 1984 (c.32), s. 44(1)Excluded by Transport Act 1985 (c.67), s. 11(1)(a)Amended by S.I. 1986/1628, reg. 5(2)(3)
Pt. I amended by Road Traffic Act 1988 (c.52), s. 187(3)
S. 1(2) excluded by Transport Act 1985 (c.67), s. 12, 8
S 1(5) applied by Transport Act 1985 (c.67) s. 137(3)
S. 1(6) applied by Transport Act 1985 (c.67), s. 2(5)
S. 1(5)(b) applied by Transport Act 1985 (c.67), s. 2(5)
S. 1(5)(c) applied by Transport Act 1985 (c.67), s. 2(5)
[FN1] Word repealed by Transport Act 1985 (c.67), s. 139(3), Sch. 8
[FN2] Words repealed by Transport Act 1985 (c.67), s. 139(3), Sch. 8
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 14 Pt I s 1
UK ST 1981 c 14 Pt I s 1
.............................................................................................
United Kingdom Statute 1981 c 14 Pt II s 12
UNITED KINGDOM LAW IN FORCE PUBLIC PASSENGER VEHICLES ACT 1981 CHAPTER 14
PART II GENERAL PROVISIONS RELATING TO PUBLIC SERVICE VEHICLES
PUBLIC SERVICE VEHICLE OPERATORS' LICENCES
UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office.
In-force date: March 31, 1991 (see Analysis Tab for Commencement Information)
s 12 PSV operators' licences.
(1) [A public service vehicle shall not be used on a road for carrying passengers for hire or reward except under a PSV operator's licence granted in accordance with the following provisions of this Part of this Act. ]
(2) The authority having power to grant a PSV operator's licence is the traffic [commissioner] [FN2] for any traffic area in which, if the licence is granted, there will be one or more operating centres of vehicles used under the licence; and, subject to the provisions of this Part of this Act, a PSV operator's licence authorises the holder to use anywhere in Great Britain vehicles which have their operating centre in the area of the traffic [commissioner] [FN3] by whom the licence was granted.
(3) A person may hold two or more PSV operators' licences each granted by the traffic commissioners for [a different area] [FN4], but shall not at the same time hold more than one such licence granted by the commissioners for the same area.
(4) An application for a PSV operator's licence shall be made in such a form as the traffic [commissioner] [FN5] may require, and an applicant shall give the [commissioner] [FN6] such information as [he] [FN7] may reasonably require for disposing of the application.
(5) Subject to section 68 (3) of this Act, if a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding [level 4 on the standard scale] [FN8].
Notes:
Modified in part by virtue of S.I. 1980/1460, regs. 4-6 (as amended by S.I. 1981/462, regs. 2-4) and Interpretation Act 1978 (c.30) ss. 17(2)(a), 23(3)Act modified by S.I. 1984/748, regs. 4(2), 5(2), 6(2), 7(2), 9(2), 10(2), 11(2), 12(2), Sch. 2Excluded by London Regional Transport Act 1984 (c.32), s. 44(1)Excluded by Transport Act 1985 (c.67), s. 11(1)(a)Amended by S.I. 1986/1628, reg. 5(2)(3)
S.12 amended by Transport Act 1985 (c.67), s. 12(13)
Excluded by Transport Act 1985 (c.67), s. 18
Amended by S.I. 1986/1628, reg. 5(1), Sch.
[FN1] Words substituted by Transport Act 1985 (c.67), s. 1 (3), Sch. 1 para. 4
[FN2] Word substituted by Transport Act 1985 (c.67), s. 3(5), Sch. 2 Pt. II para. 4(4)(a)
[FN3] Word substituted by Transport Act 1985 (c.67), s. 3(5), Sch. 2 Pt. II para. 4(4)(a)
[FN4] Words substituted by Transport Act 1985 (c. 67), s. 3(5), Sch. 2 Pt. II para. 4(4)(b)
[FN5] Word substituted by Transport Act 1985 (c.67), s. 3(5), Sch. 2 Pt. II para. 4(4)(a)
[FN6] Word substituted by Transport Act 1985 (c.67), s. 3(5), Sch. 2 Pt. II para. 4(4)(a)
[FN7] Word substituted by Transport Act 1985 (c.67), s. 3(5), Sch. 2 para. 4(4)(c)
[FN8] Words substituted by virtue of Criminal Justice Act 1982 c.48, s. 46 and by Criminal Procedure (Scotland) Act 1975 (c.21), s. 289G
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 14 Pt II s 12
UK ST 1981 c 14 Pt II s 12
.........................................................................
United Kingdom Statute 1981 c 14 Pt II s 22
UNITED KINGDOM LAW IN FORCE PUBLIC PASSENGER VEHICLES ACT 1981 CHAPTER 14
PART II GENERAL PROVISIONS RELATING TO PUBLIC SERVICE VEHICLES
DRIVERS' LICENCES
UK Statutes Crown Copyright. Reproduced by permission of the
Controller of Her Majesty's Stationery Office.
In-force date: March 31, 1991 (see Analysis Tab for Commencement Information)
s 22
22.-- Drivers' licences.
[...] [FN1]
Notes:
Modified in part by virtue of S.I. 1980/1460, regs. 4-6 (as amended by S.I. 1981/462, regs. 2-4) and Interpretation Act 1978 (c.30) ss. 17(2)(a), 23(3)Act modified by S.I. 1984/748, regs. 4(2), 5(2), 6(2), 7(2), 9(2), 10(2), 11(2), 12(2), Sch. 2Excluded by London Regional Transport Act 1984 (c.32), s. 44(1)Excluded by Transport Act 1985 (c.67), s. 11(1)(a)Amended by S.I. 1986/1628, reg. 5(2)(3)
S. 23 ° in ° repealed by S.I. 1984/31, art. 5(c)(i)
[FN1] Repealed (1.4.1991) by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c.22), ss. 1(1)(2)(7), 16, Sch. 6
GENERAL MATERIALS
Royal Assent date - Long Title - Notes
UK-LIF ST 1981 c 14 Pt II s 22
UK ST 1981 c 14 Pt II s 22
...........................................
|