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Section 22 of the Act sets out certain exemptions from licensing requirements. Operators wishing to rely on the limited exemption provided in Section 22 c will want to ensure that they fall within its scope. Section 22 c states:. Nothing in sections 10 to 21 with the exception of subsection 7 of section 21 of this Act shall …apply to any vehicle while it is being used for carrying passengers under a contract for its exclusive hire for a period of not less than 24 hours.
The "Notes on Clauses" which accompanied the Act stated, in respect of this exemption:. It is not the intention of the taxi and private hire car licensing system to apply to a vehicle used for carrying passengers for hire and reward under contract for its exclusive hire for periods of not less than 24 hours and sub-paragraph c specifically exempts such vehicles - on the argument that longer hires are likely to be the subject of informed individual inspection and negotiation - e.
Licensing authorities will be aware that this exemption allows drivers and vehicles being used exclusively for contract work to fall outwith the licensing regime. However, the use of unlicensed individuals or firms to provide transport services, particularly to vulnerable groups, should be carefully considered. Any tendering process and final contract must clearly be compliant with relevant legislation i.
Considering the wide range of factors that this covers road worthiness, accessibility requirements, criminal records checks, driver training etc , the use of licensed drivers and vehicles may be more efficient.
Special events vehicles stretch limousines, decommissioned emergency service vehicles etc typically booked for party occasions are appearing on our roads in increasing numbers clearly demonstrating a public demand for the special service that they provide. Concern has been expressed that some such vehicles may be operating outwith any specific licensing regime.
These vehicles and their drivers may not therefore have been subject to appropriate scrutiny either under the private hire car or public service vehicle licensing arrangements the latter applies primarily to vehicles that have more than 8 passenger seats.
Responsibility for this legislation is reserved to the UK Government. Section 7 of the Act provides that any person who, without reasonable excuse, does anything for which a licence is required under Part II of the Act which includes sections without having such a licence, shall be guilty of an offence.
In terms of section 10 of the Act, licensing authorities have discretion over the types of vehicles that they license as private hire cars. We understand that some authorities license limousines, that some do not and that few if any authorities license other special events vehicles. In some instances, therefore, it is currently not possible for an operator of a special events vehicle to secure a private hire car licence.
The view the licensing authority takes in relation to the licensing of special events vehicles is a separate issue from whether a licence is required to operate or drive such a vehicle. The Scottish Government takes the view that a blanket policy to refuse to license these vehicles simply as a matter of principle presents an unacceptable safety risk to the travelling public.
Public safety considerations are best served by the adoption of policies that ensure through the licensing process the vetting of operators and drivers and inspection of vehicles. Licensing authorities in considering any variance in regard to its technical specification of vehicle for licensing as a private hire car, perhaps in recognition of the particular nature of the service provided by special event type vehicles, will wish to ensure that the principles of section 10 3 are not compromised in any way.
It should be emphasised that the above advice applies to vehicles with capacity up to 8 passenger seats.
Vehicles with greater seating capacity may fall to be considered under public service vehicle legislation. In the exercise of their discretion as to the suitability of a particular vehicle for licensing as a private hire car, authorities might wish to consider whether policies for example setting age limits on vehicles see paragraph 5. Imported stretched limousines have in the past been checked for compliance with British regulations under the Single Vehicle Approval inspection regime, prior to registration.
The IVA test verifies that the converted vehicle is built to certain safety and environmental standards. Some councils have reported difficulty due to the size of some vehicles precluding them being properly tested in conventional MOT garages. If there is not a suitable MOT testing station in the area we understand that it may be possible to arrange to test the vehicle at a local VOSA test station. The present legal provision on quantity restrictions for taxis is set out in section 10 3 of the Act.
This provides that:. Local licensing authorities will be aware that, in the event of a challenge to a decision to refuse a licence, the local authority concerned would be required to establish to the satisfaction of the court that it had first satisfied itself that there was no such significant unmet demand.
The Scottish Government remains of the view that decisions as to the case for limiting taxi licences should remain a matter for licensing authorities in the light of local circumstances. Licensing authorities that presently restrict numbers of taxi licences are, however, encouraged to periodically review this policy and to examine the wider policy direction.
Licensing authorities in reviewing their policy with regard to quantity restrictions on taxi licences should consider whether any restriction presently in place should continue. The matter should be approached in terms of the interests of taxi users. What benefit is achieved for them by the continuation of controls and how might they benefit if the controls were removed?
Is there evidence that removal of the controls would result in a clear and unambiguous deterioration in the amount or quality of taxi service provision? Authorities in assessing the case for quantity restrictions will wish also to have regard to the availability of an appropriate supply of accessible vehicles within the hire car fleet such as to meet the needs of passengers with a disability. Authorities may find the information in Annex A helpful.
The Annex sets out a number of questions which may be helpful to licensing authorities in any review of policy in regard to the quantity control of taxi licences. The Scottish Government agrees that the question of the restriction of licences should be left to the discretion of licensing authorities. However, there is a need for review of the frequency and component parts of the surveys used by local authorities to measure unmet demand. In regard to frequency, licensing authorities should carry out a survey sufficiently frequently to be able to respond to any challenge to the satisfaction of a court.
The Scottish Government are aware that some authorities have experienced difficulties over compliance with the return of taxi licence plates required under terms of Section 10 6 of the Act. The Task Group which undertook a review of the licensing provisions of the Act recommended in its report that in order to address their concerns over non-compliance authorities should be encouraged to use their powers under Schedule 1 to insert an expiry date on licence plates at time of issue.
The Scottish Government supports this recommendation and would encourage licensing authorities to consider the inclusion of an expiry date or car registration number on licence plates at time of issue to discourage non-compliance and assist enforcement personnel in identifying any cases of inappropriate use.
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