Taxi Driver Online

Private hire vehicles: sub-contracting
In the Local Government (Miscellaneous Provisions) Act 1976, after section 55 insert—
“55ASub-contracting by operators
(1)A person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle may arrange for another person to provide a vehicle to carry out the booking if—
(a)the other person is licensed under section 55 in respect of the same controlled district and the sub-contracted booking is accepted in that district;
(b)the other person is licensed under section 55 in respect of another controlled district and the sub-contracted booking is accepted in that district;
(c)the other person is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London; or
(d)the other person accepts the sub-contracted booking in Scotland.
(2)It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the person licensed under section 55 who accepted the booking and the person who made the booking.
(3)Where a person licensed under section 55 in respect of a controlled district is also licensed under that section in respect of another controlled district, subsection (1) (so far as relating to paragraph (b) of that subsection) and section 55B(1) and (2) apply as if each licence were held by a separate person.
(4)Where a person licensed under section 55 in respect of a controlled district is also a London PHV operator, subsection (1) (so far as relating to paragraph (c) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the London PHV operator were separate persons.
(5)Where a person licensed under section 55 in respect of a controlled district also makes provision in the course of a business for the invitation or acceptance of bookings for a private hire car or taxi in Scotland, subsection (1) (so far as relating to paragraph (d) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the person making the provision in Scotland were separate persons.In this subsection, “private hire car” and “taxi” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.
(6)In this section, “London PHV operator” and “operating centre” have the same meaning as in the Private Hire Vehicles (London) Act 1998.
55BSub-contracting by operators: criminal liability
(1)In this section—
“the first operator” means a person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle and then made arrangements for another person to provide a vehicle to carry out the booking in accordance with section 55A(1);
“the second operator” means the person with whom the first operator made the arrangements (and, accordingly, the person who accepted the sub-contracted booking).
(2)The first operator is not to be treated for the purposes of section 46(1)(e) as operating a private hire vehicle by virtue of having invited or accepted the booking.
(3)The first operator is guilty of an offence if—
(a)the second operator is a person mentioned in section 55A(1)(a) or (b),
(b)the second operator contravenes section 46(1)(e) in respect of the sub-contracted booking, and
(c)the first operator knew that the second operator would contravene section 46(1)(e) in respect of the booking.”

2.1 The holder of this licence shall not whilst driving or in charge of a private hire
vehicle:
a) Take or agree to take a fare without it being pre-booked via the Operator,
b) stand or ply for hire or solicit on a road or other public place, any person to
hire or to be carried for hire in any private hire vehicle,
c) cause or procure any other persons to tout or solicit on a road or other public
place any person to hire or be carried for hire in any private hire vehicle,
d) accept an offer for the minimum hire of any private hire vehicle while the
holder or that vehicle is on the road or other public place except where such
an offer is first communicated to the holder by a licensed operator or his duly
authorised servant.

or as Wolvo puts it.....

I take this to mean wolvo p/h cannot park up but must keep on the move.

So what about the owner/operator?

Couldn't resist it, so had a look.

Quote from SI 2009/2863

Sections 46(1)(d) and (e), 75(1), 75(2A) and (2B) are omitted.


Thats in relevance to a bus service?

Section 75(2) is omitted to the extent that it would permit the use of a vehicle in contravention of the condition attached to the special licence by section 12(5)(b) of the 1985 Act.

End Quote

If Uber lets me receive jobs in an area outside of my 'council's district', and I go sit in that area and wait for a job ping, am I legal or illegal?

It's legal, in my view, in relation to the booking/operator requirements of the 1976 act.

Where you could fall fail, and you would be incredibly stupid to do this, is where you sit.

If you give the appearance of 'plying for hire', then you could fall fail of the requirements of a different act.

And don't be ashamed of working for Uber,10s of 1000s of drivers do.

If they can do it, so can I, and that's why I do so. It's obviously legal if Wolverhampton (with over 50,000+ registered vehicles) are allowed to carry out work for Uber in areas where there's no ops license for either Wolves or that district in question.