CROSS-BORDER HIRING:


CONTROLLED DISTRICT https://www.legislation.gov.uk/ukpga/1976/57/section/80 [ F2


“controlled district” means any area for which this Part of this Act is in force by virtue of-


(a) a resolution passed by a district council under section 45 of this Act; or


(b) section 255(4) of the Greater London Local Authority Act 1999 ]


“daily fine” means a fine for each day during which an offence continues after conviction thereof;


“the district”, in relation to a dsitrict council in whose area the provisions of this part of this Act are in force, means-


(a) if those provisions are in force throughout the area of the council, that area; and


(b) if those provisions are in force for part only of the area of the council, that part of that area;


[The National archives]


“The district” section (a) is relevant to licences being “in force”, you will see this phrase written in s.46 later.


Controlled district simply means that once the act is adopted by a council, the borough boundary and all that is within that boundary of that particular council comes under the control of that licencing authority. In doing so they are then legally able (and obligated) to enforce all the provisions of the act in their area.


S.46 THE OFFENCES https://www.legislation.gov.uk/ukpga/1976/57/section/46


46. Vehicles, drivers’ and operators’ licences (1) Except as authorised by this Part of this Act-


(a) no person being the proprietor of any vehicle, not being a hackney carriage [F1


or London cab] in respect


of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such vehicle a current licence under section 48 of this Act;


(b) no person shall in a controlled district act as a driver of any private hire vehicle without having a current licence under section 51 of this Act;


(c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;


(d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act;


(e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle-


(i) if for the vehicle a current licence under the said section 48 is not in force; or


(ii) if the driver does not have a current licence under the said section 51.


(2) If any person knowingly contavenes the provisions of this section, he shall be guilty of an offence


[The National archives]


Section 46 (1) (a) says: “in respect of which a vehicle licence is in force” - the question is, when is a vehicle licence in force? When it is inside its controlled district? When it is outside of its controlled district?


Obviously when it inside the licence authority that has complete “control” (that word again) over the vehicle, driver and operator. This is quite clear that this was the intention of Parliament, as this was the word that started it all back in that consumer protection commit- tee back in Plymouth in June 1974.


• Section 46 (1) (a) means that you can’t use a vehicle as a private hire vehicle in a council’s controlled district without that council licensing that vehicle.


• Section 46 (1) (b) means you cannot drive a vehicle that is licensed by a particular council, unless they also license you to drive that vehicle as well.


• Section 46 (1)(c) means you cannot employ someone


COME AND HAVE YOUR SAY ON THIS HOT TOPIC WITH INDUSTRY BODIES - DfT, NALEO & IoL


8 APRIL 2022


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92  |  Page 93  |  Page 94  |  Page 95  |  Page 96  |  Page 97  |  Page 98  |  Page 99  |  Page 100  |  Page 101  |  Page 102  |  Page 103  |  Page 104