Taxi Driver Online

I have the booklet.

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Grandad,

That’s good, then I suppose it tells you about your statutory requirements under the Environmental protection act 1990 and I suppose it also gives you an insight into the 1981 ppv act, 1985 transport act, 1988 road traffic act, the 2000 Transport act, etc.

We discussed all these relevant points some time ago and we came to the conclusion that the legislation is ambiguous, lackadaisical and very rarely policed.

I don't think anything has changed since then and nor will it, at least not until we get a complete new Transport act that considers every aspect of Transport including limousines, hackney carriages, p/h and buses. Perhaps then we might get something that works.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

I said that I have the booklet. I didn't say that I have read it.
When I first started doing limos, I sent of for the detail from VOSA and I also went to my LA. Fortunatly for me the LA were prepared to license me.

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Grandad,

Thank you JD for that, at least we now have the act to pick apart.

I have noted a few things that will aid my quest.

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IDFIMH

Can't Wait

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you can check out any time you like, but you can never leave.

FFs JD could you put that in layman's terms
From what I deciphered you can run any vehicle with 8 seats or less as a bus, as long as you charge separate fares have a route a time table and a ticket machine. well that would be a big saving on licence fee's compared to a taxi operators licence

If you decide on running a local service then you don't need the fixed route and time-table.

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IDFIMH

even more savings then Sussex, it could be the best £35 investment made

do you still need the ticket machine?

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

don't need a ticket machine at all, just some method of recording (for proof) that they have paid separate fares, passenger may want some sort of receipt (or "ticket" ) but it is not a legal requirement

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you can check out any time you like, but you can never leave.

Public service vehicle operator's licensing

A public service vehicle ('PSV') must not be used on a road for carrying passengers for hire or reward except under a PSV operator's licence, or under a permit granted under the Transport Act 1985.

The general scheme of PSV licensing is similar to that applicable to goods vehicles. That is to say that the system is qualitative rather than quantitative, with no restriction on the number of licences which may be held. The personal requirements of good repute, appropriate financial standing and professional competence are the same for PSV operators as they are for goods vehicle operators.

The traffic commissioner must also be satisfied that there will be adequate facilities or arrangements for maintaining the vehicles to be used in a fit and serviceable condition, and that there will be adequate arrangements for securing compliance with legal requirements relating to the driving and operation of the vehicles. However, there is no requirement for the operating centre to be assessed for suitability, and no equivalent of the environmental provisions contained in the Goods Vehicles (Licensing of Operators) Act 19958.

An application for a PSV operator's licence must be made in the form required by the traffic commissioner, and the applicant must give the commissioner such information as he may reasonably require for disposing of the application. A person may hold more than one PSV operator's licence issued by the traffic commissioner for each traffic area, but may not hold more than one such licence in any one traffic area.

A PSV operator's licence may be either a standard licence or a restricted licence. A standard licence authorises the use of any description of PSV, either for national operations only, or for national and international operations. A restricted licence authorises the use (whether for national or international operations) of PSVs not adapted to carry more than 8 passengers, and PSVs not adapted to carry more than 16 passengers when used otherwise than in the course of a business of carrying passengers, or by a person whose main occupation is not the operation of PSVs adapted to carry more than 8 passengers. The holder of a taxi licence is entitled as of right to a restricted PSV licence to enable him to operate a local service using licensed taxis.

Apart from the licensed taxi operator, a restricted licence will be of benefit to persons carrying passengers as an ancillary activity, but who do not fulfil the requirements for a permit under the Transport Act 1985.

A PSV licence is granted for an indefinite period, subject to surrender and revocation. The Public Passenger Vehicles Act 1981 makes provision for the revocation, suspension, curtailment or variation of the licence on disciplinary grounds, subject to the right of the licence holder to be heard at an inquiry.

On granting a PSV operator's licence, the traffic commissioner will impose one or more conditions specifying the maximum number of vehicles which the licence holder may use under the licence at any one time. In the case of a restricted licence, the maximum number is normally two.

Public Passenger Vehicles Act 1981 s 12(1) as substituted by the Transport Act 1985 s 1, Sch 1 para 4

See the Public Passenger Vehicles Act 1981 s 14(3) as amended. For an agreement for safety inspections and for the repair of public service vehicles, which will be evidence of such arrangements in relation to vehicle maintenance see Form 24

There is a general power to apply conditions to a licence to regulate the use of any place as a picking up or setting down place: Public Passenger Vehicles Act 1981 s 16(3), (4) as amended.

Public Passenger Vehicles Act 1981 s 13(2). There is an additional requirement as to financial standing for international operations: Public Passenger Vehicles Act 1981 s 14(2), Sch 3 para 2(2).

Ammendments to note are the Public Passenger Vehicles Act 1981 s 15(2) as substituted by the Deregulation and Contracting Out Act 1994 s 61. 1985 Transport act.

Contracts for the carriage of passengers

The majority of contracts for the carriage of passengers in a public service vehicle ('PSV'), taxi or private hire car will be one-off transactions. Where a passenger is carried in a PSV which is operating a regular service, whether a local or a long-distance service, a ticket will be issued.

This ticket will normally make reference to the operator's standard terms and conditions of service. The parties will be deemed to have contracted subject to these provided that reasonable steps have been taken to bring the conditions to the passenger's notice. In the case of the carriage of passengers by taxi, or private hire car, the contract will typically be oral and devoid of any express terms other than as to the destination, and possibly the fare.

Contracts for chauffeur-driven hire cars and for the private hire of PSVs (whether on a one-off basis or on a long-term contract) will typically be in writing.

A free or concessionary travel pass is contractual in nature unless issued to an employee of the transport undertaking, in which case it is a licence and not a contract for the carriage of a passenger.

A season ticket or multi-journey ticket can be equated in contractual terms to an ordinary single-journey ticket, with the proviso that it is valid for a longer period. The holder of a season ticket or multi-journey ticket will be less able to argue that the terms and conditions of service have not been incorporated into the contract.

Any attempt to negative, restrict or impose restrictions or conditions on the enforcement of any liability in respect of, inter alia, any passenger being carried for hire or reward, by means of any antecedent agreement or undertaking, is void.

There is a statutory code to deal with issues relating to lost property belonging to passengers on PSVs. See the Public Service Vehicles (Lost Property) Regulations 1978, SI 1978/1684 as amended.
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Agreement for hire of chauffeur-driven car/

Parties

The parties to this agreement are:

1.1 (name)[of (address) or whose registered office is at (address), company registration no ...] ('the Contractor'); and

1.2 (name)[of (address) or whose registered office is at (address), company registration no ...] ('the Customer').

Definitions

2.1 The expression 'the Motor Car' means the motor car described in the schedule below or a motor car of an equivalent specification.

2.2 The expression 'the Contract Period' means the period specified in the schedule below together with any other period when the Motor Car is at the disposal of the Customer.

Contractor's obligations

The Contractor undertakes:

3.1 to make the Motor Car available to the Customer for the Contract Period together with the services of a duly licensed driver; and

3.2 to ensure that the Motor Car is duly licensed and insured and is roadworthy and complies with the requirements of the Road Traffic Acts and all regulations made under such Acts2.

Payment

The Customer shall pay the Contractor for the use of the Motor Car and driver at the rate provided in the schedule below.

Use of vehicle

5.1 The Motor Car shall be at the Customer's disposal during the Contract Period for the carriage of the Customer and (subject to the carrying capacity of the Motor Car not being exceeded) the Customer's nominees. Provided that the Motor Car shall not be used otherwise than on public roads except on a private driveway leading to a dwelling house or place of public resort and being of a reasonable standard.

5.2 The Customer shall not require the Contractor or the driver of the Motor Car to break or use the Motor Car so as to break any provision of the Road Traffic Acts the Road Traffic Regulation Act 1984 the Vehicle Excise and Registration Act 1994 and any regulations made under such Acts.

Limitation of Contractor's liability

The Contractor's liability in respect of any failure to provide any services under this agreement shall be limited to the amount of the hire charge payable to the Contractor in respect of the period of such failure. The Contractor shall not be liable for any pecuniary or consequential loss allegedly arising from any breach of this agreement by the Contractor.

Indemnity

The Customer shall pay to the Contractor the amount required to indemnify the Contractor against any claim arising out of the custody or use of the Motor Car by the Customer in pursuance of this agreement and any costs and expenses associated with such a claim. AS WITNESS etc

SCHEDULE

Part I

Identity of the Motor Car

(give registration number and brief description of vehicle)

Part II

Contract Period

(insert details)

Part III

Hire charges

(insert details)

(signatures of both parties)

Quotation for private hire with conditions of carriage

To accept, sign and return one copy

Date:

Hirer:

Journey: Place:

Time: Destination:

Outward:

Return:

Observations: (insert details of refreshment stops, ferry arrangements etc)

Type of vehicle:

Number of passengers:

Special terms:


(name of operator) offers to provide the services specified above subject to the conditions of private hire set out overleaf.
(signature of operator)

I/We the hirer named above accept this quotation/offer subject to the conditions of private hire set out overleaf.
(signature(s) of hirer(s))

CONDITIONS OF PRIVATE HIRE

• 1 Application

These conditions apply whether or not a contract of carriage has been entered into as a result of a quotation being offered and accepted or whether a contract has been made verbally or in writing.

• 2 Quotations

Quotations are made subject to a vehicle suiting the hirer's requirements being available at the time of acceptance. Quotations are based on costs prevailing at the time and in accordance with details provided by the hirer. Unless otherwise stated admission charges meals accommodation and parking charges for special events are not included in the quoted price.

• 3 Use of vehicle

Unless confirmed in writing by the operator the vehicle should not be assumed to remain at any point between the outward and return journeys nor to remain available for the hirer's incidental use when parked at such points.

• 4 Driver's hours and rest periods

The hours agreed with the operator for the operation of any hire must be strictly observed (other than in the case of serious emergency or diversion) so that current regulations governing drivers' hours and rest periods can be complied with. The operator reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations.

• 5 Seating capacity

The hirer must not load any vehicle beyond the number of passengers which it is legally permitted to carry8. Where the vehicle is NOT fitted with seatbelts 3 children may be seated in a double adult seat. All such children must be aged 13 or under or have attained 14 during the current school year (which ends on 31 August each year).

• 6 Animals

On a private hire no animal may be carried without the prior agreement of the operator.

• 7 Confirmation

Normally written confirmation by the operator is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.

• 8 Payment

Any requested deposit must be paid by the date stated and payment in full must be made before the start of the hire unless any other terms have been confirmed by the operator. The operator reserves the right to add interest at the rate of ...% per year after the date by which payment should have been made.

• 9 Cancellation by hirer

In the event of cancellation by the hirer the operator reserves the right to retain any deposit. The hirer shall be liable to the operator for any losses incurred by the operator as a result of the cancellation or part cancellation but not exceeding the full cost of the hiring.

• 10 Cancellation by the operator

In the event of any emergency or force majeure or of any action by the hirer to vary agreed conditions unilaterally the operator may by returning all money paid and without further or other liability cancel the contract.

• 11 Route and time variation

Should a vehicle be detained by the hirer or taken on a longer journey than that contracted for the operator reserves the right to make an additional charge commensurate with the costs incurred. During the hiring the driver is the sole judge of the reasonableness of any request for a change of route or time. In any event the vehicle(s) will depart at times agreed with the hirer and the operator will not be liable for any loss or injury sustained by any passenger who fails to join a vehicle at the appointed time.

• 12 Substitution

The operator reserves the right to provide a larger vehicle than specified at no additional charge unless any extra seats are used. If extra seats are used an additional charge will be made pro rata to the hire charge. The operator reserves the right to substitute other vehicles (including those of other operators) or ancillary facilities for all or part of the hiring subject to such substitutes being of similar quality.

• 13 Delays

The operator gives any advice on journey time in good faith but does not guarantee the completion of any journey in any specific time and will not be liable for loss delay or inconvenience caused by the actual time of the journey.

• 14 Agency arrangements

Where the operator hires in vehicles from another operator at the hirer's request and where the operator arranges ancillary facilities such as meals accommodation ferries admission tickets or any other service provided by another supplier it does so as agent for and on behalf of the hirer. Any terms and conditions imposed by such other suppliers through the operator shall be binding on the hirer as if he had directly contracted for such services.

• 15 Passengers' property

The driver is the sole arbiter as to the carriage of passengers' luggage and its storage. The operator will not accept liability for any damage to or loss of any property left on a vehicle by a passenger. All articles of lost property recovered from a vehicle will be held at the depot at which the vehicle is based.

• 16 Conduct of passengers

The driver is responsible for the safety of the vehicle. Any passenger whose conduct is in breach of statutory regulations may be removed from a vehicle or prevented from boarding on the driver's authority. The hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire.

• 17 Complaints

Any complaint in respect of the operator's services should be made in writing to the operator's office within 21 days.

• 18 Notices

No bill poster or notice is to be displayed on any vehicle without the consent of the operator.

• 19 Surcharges

When more than 28 days elapse between the hire being booked and its execution the operator reserves the right to pass on any increases in cost as a surcharge but any such surcharge would be limited to a maximum of [5]% of the hire charge.

• 20 English law

This contract is governed by English law.

The quotation for hire should be prepared in duplicate so that the hirer may show his acceptance of the quotation by signing and returning one copy. The conditions of carriage should be printed on the reverse of the quotation.

No attempt has been made to limit or exclude liability in the conditions of hire. Such limitation or exclusion is ineffective in relation to death or personal injury arising from negligence: Unfair Contract Terms Act 1977 s 2(1) Exclusion or limitation is in principle available in relation to property loss or damage, but liability is likely to be insured against by the operator. Additionally, any exclusion of contractual and negligence liability will be subject to the test of reasonableness: see the Unfair Contract Terms Act 1977 ss 2(2), 3, 11. If liability is to be excluded consideration needs to be given to the protection of employees and sub-contractors. See eg Form 1 clause 2.4.

Set out here any variation of the general printed conditions and the terms of any third party suppliers of which express notice is required. See generally clause 14 of the conditions. Incorporation of the terms is necessary: see Thompson v London, Midland and Scottish Rly Co [1930] 1 KB 41, CA.4

See note 3 above. By signing the form, the hirer expressly accepts the terms: L'Estrange v F Graucob Ltd [1934] 2 KB 394, DC.5

The conditions will clearly apply where the combined quotation and conditions form is used. In other cases, it will be a question of whether there has been a consistent course of dealing. The mere assertion here is not conclusive.

In particular, the driver's services may not be available if he is taking a statutory rest period. See note 7 below.

As to the maximum number of passengers which may be carried on a public service vehicle see the Public Service Vehicles (Carrying Capacity) Regulations 1984, SI 1984/1406 as amended by SI 1996/167.

VAT: the transport of passengers is zero-rated if the vehicle being used is designed or adapted to carry not less than 10 passengers: Value Added Tax Act 1994 s 30, Sch 8 Pt II Group 8 para 4(a) as amended by SI 2001/753

VALUE ADDED TAX). The contract should say whether it is exclusive of VAT or not, even if the supply is zero-rated.

See generally the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990, SI 1990/1020 as amended. SI 1990/1020 reg 8(2).

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The tests—employee or independent contractor?

Lord Denning said in Stevenson Jordan and Harrison Ltd v MacDonald and Evans:

'It is almost impossible to give a precise definition ... It is often easy to recognise a contract of service when you see it, but difficult to say wherein the difference lies'.

Harvey on Industrial Relations and Employment Law puts it as follows:

'The stock illustration of the difference is to contrast the case of the chauffeur with that of the taxi-driver. The chauffeur is obviously a servant and the taxi-driver is obviously an independent contractor. One instinctively recognises the difference without the need for close analysis. And most workers can be so classified with equal ease. But there are bound to be borderline cases.

Although in such cases it is possible, and necessary, to examine the nature of the relationship more thoroughly, nevertheless it seems that even here the final judgment on whether the man is or is not a servant comes back to a matter of instinct or impression: taking everything into account, does he sufficiently match the expected pattern? Would the ordinary person so describe him?'

See Stevenson Jordan and Harrison Ltd v MacDonald and Evans [1952] 1 TLR 101 at 111. And Harvey on Industrial Relations and Employment Law.
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