Deregulation Bill. New clauses.

Today 18 March these new clauses were added to the Deregulation Bill. Hardly a consultation. !

Private hire vehicles: circumstances in which driver’s licence required
 
Tom Brake 
Oliver Heald
 
New Clause 9.
 
To move the following Clause:— 
‘
(1)  
Section 46 of the Local Government (Miscellaneous Provisions) Act 1976 
(vehicle, drivers’ and operators’ licences) is amended as follows.
 
(2)   

In subsection (1)(b), for “driver of any private hire vehicle” substitute “driver of any vehicle when it is in use as a private hire vehicle”. 

(3)   
After subsection (1) insert— 
“(1A)    

For the purposes of this Act, a reference to a vehicle being in use as a private hire vehicle is a reference to a private hire vehicle which 

(a)  
is in use in connection with a hiring for the purpose of carrying 
passengers; or 
(b)  
is immediately available to an operator to carry out a booking for 
a private hire vehicle.”

 
Public Bill Committee: 18 March 2014             
74 
Deregulation Bill, continued  
(4)    

After subsection (2) insert— 
“(3)   

If, in any proceedings for an offence under this section in which it is
 
alleged that the defendant contravened subsection (1)(b), the prosecution prove that a private hire vehicle was at any time being used on a road to carry one or more passengers, it is to be presumed, unless the contrary is shown, that the vehicle was, at that time, in use in connection with a hiring as mentioned in subsection 

(1A)(a). 
Member’s explanatory statement 
 
This amendment inserts a new clause which allows people who do not hold a private hire vehicle driver’s licence to drive a licensed private hire vehicle when the vehicle is not being used as a 
  private hire vehicle (for example, a licensed private hire vehicle driver’s partner could use the vehicle for a family outing).
 
Taxis and private hire vehicles: duration of licences 
Tom Brake 
Oliver Heald
 
New Clause 10
 
To move the following Clause:— 
‘(1)    

The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.
 
(2)   
In section 53 (drivers’ licences for hackney carriages and private hire vehicles)— 
(a)   
in subsection (1)(a), for “for such lesser period as the district council may  specify in such licence” substitute “for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of  the case”;

 
(b)    
in subsection (1)(b), for “for such lesser period as they may specify in such licence” substitute “for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case”.
 
(3)    
In section 55 (licensing of operators of private hire vehicles), for subsection (2)  substitute—
 
“(2)    
Every licence granted under this section shall remain in force for five years or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.” ’.
 
Member’s explanatory statement 
 
This amendment inserts a new clause which sets a standard duration of three years for a taxi and private hire vehicle driver’s licence and a standard duration of five years for a private hirevehicle operator’s licence. A lesser period may be specified only if appropriate in a particular case. At present, licensing authorities could have a general policy of specifying a lesser period.

 
Public Bill Committee: 18 March 2014                  

75
 
Deregulation Bill, continued
 
Private hire vehicles: sub-contracting
 
Tom Brake
 
Oliver Heald
 
New Clause 11
 
To move the following Clause:—
 
‘In the Local Government (Miscellaneous Provisions) Act 1976, after section 55 
insert—
 
“55A  
Sub-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.

http://www.publications.parliament.uk/pa/bills/cbill/2013-2014/0162/amend/pbc1621803m.69-75.html