OUR INDUSTRY
I did wonder why it had not been repealed, given current government policy in allowing cross-border hiring/remote licensing. However, if it were removed, it would be an admission that it had been in force and that the law had been broken. I suppose, a mandarin in Whitehall could play the role of Winston Smith in the George Orwell novel, 1984, cut it out, send it down the chute to a furnace and pretend it had never existed!
WHAT CAN COUNCILS DO TO ENFORCE IT?
Once the driver has dropped off their passengers or goods, has come to rest and has not already received any further bookings, the exemption comes to an end, and the entire Act, as adopted in that area, comes into force. They then have the option of taking a break from work or returning to the area in which they are licensed to receive further bookings.
Section 11 Deregulation Act of 2015 changes nothing. It merely allows an operator in area A to subcontract bookings to an operator in area B. Section 75 (1)(a) is still in force, and still outlaws the operator in area B from having vehicles licensed in its area waiting in area A in anticipation of receiving subcontracted bookings.
Section 75 (1)(a) is still relevant and in force
Ok, the first part of the above sentence is a matter of opinion, contrary to that of Mr Button, but the second is a fact. The 1976 Act has been subject to revisions over the years in order to take into account new pieces of legislation, including the Road Safety Act 2006, The Deregulation Act 2015 and The Immigration Act 2016.
Look at the online version of the 1976 Act and scroll down to Section 75 (1)(b):
https://shorturl.at/uklSa you’ll see it has disappeared and been replaced by an embedded link [F50] and dots (......) replacing text. Click on the [F50] link to reveal the following:
S. 75(1)(b) omitted (28.1.2008) by virtue of Road Safety Act 2006 (c. 49), ss. 53, 61; S.I. 2007/3492, art. 2 and repealed* (prosp.) by Road Safety Act 2006 (c. 49), s. 59, Sch. 7(17)
*My emphasis
You will note that 75 (1)(a) above has not been repealed. It has survived a number of revisions, including the Deregulation Act. It is still in force.
PHTM JULY 2024
It has never been tested in court, although, according to Mark Jennings and Lee Ward, records held at the National Archives in Kew show Parliament’s true intention regarding this section.
Councils would need to pool their resources and issue a statement that they would henceforth enforce this section, and both operators and drivers would be subject to prosecution if vehicles licensed outside of their area were seen waiting in their area available to receive bookings without already having a booking to attend.
This would obviously be challenged by the usual suspects in the highest of courts, unless a new government passed a simple one-line Bill or Statutory Instrument to assert that that this was indeed the law of the land. Scotland has basically already done this.
The good news is that councils could limit their liability for legal costs to their own side, in accordance with Bradford v Booth 2000 and Competition and Markets Authority v Flynn Pharma Ltd 2022.
I sincerely hope enough councils have the courage and conviction to come together and pursue this path, should it be necessary after the forthcoming election.
REFERENCES
YouTube video:
https://shorturl.at/s9T5v All above-mentioned legislation, government guid- ance, the Safe and Suitable guidance document and case law can be found online. Google is your friend!
Article by Steven Toy, Vice Chairman NPHTA and Trade leader of Cannock Chase Hackney Carriage and Private Hire Liaison Group
info@nphta.co.uk /
www.nphta.co.uk
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