§ 25 — Directions affecting licensees and class licensees

25.—(1) The LTA may give a direction to a licensee or class licensee for or in respect of —(a)

locating, distributing or collecting from public places of vehicles used by the licensee or class licensee to provide shared mobility services authorised by the licensee’s licence or class licence, as the case may be;

(b)

the safety or roadworthiness of the vehicles used in connection with the provision of shared mobility services authorised by the licensee’s licence or class licence, as the case may be; or

(c)

any matter affecting the interests of the public in connection with the shared mobility service provided by the licensee or class licensee.

(2) A direction given under subsection (1) —(a)

may require the licensee or class licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including (for a licensee) refusing to hire or further hire vehicles to any particular hirer;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3) However, a direction requiring a licensee or class licensee to refuse to hire or further hire vehicles to a particular hirer —(a)

must not have an expiry date that is longer than the prescribed period mentioned in section 23(4)(b); and

(b)

may only be given with respect to an individual who is convicted of, or has accepted a composition sum offered with respect to, any of the following offences committed or allegedly committed on or after 22 July 2020:(i)

an offence under section 21 or 22 of the Active Mobility Act 2017;

(ii)

an offence under section 5A of the Road Traffic Act 1961;

(iii)

an offence under the Parking Places Act 1974 or any rules made under that Act involving improper parking of vehicles hired from any licensee or class licensee.

(4) A direction under this section continues in force until the earlier of the following occurs:(a)

the expiry date (if any) stated in the direction is reached;

(b)

the LTA revokes the direction.

(5) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee or class licensee concerned —(a)

stating that the LTA intends to give a direction to the licensee or class licensee under this section and the nature of the direction; and

(b)

specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the LTA with respect to the proposed direction.

(6) However, subsection (5) does not apply where —(a)

a safety directive is in force and the proposed direction is occasioned by the directive; or

(b)

the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with subsection (5).

(7) The LTA may, after considering any written representation made pursuant to subsection (5)(b), decide to give or not to give the direction as the LTA considers appropriate.

(8) The LTA must serve on the licensee or class licensee concerned a notice of its decision under subsection (7).

(9) Every licensee or class licensee must comply with every direction given under this section to the licensee or class licensee as soon as it takes effect.

(10) No civil or criminal liability is incurred by the licensee or class licensee, or an officer, employee or agent of the licensee or class licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.

—(1) The LTA may give a direction to a licensee or class licensee for or in respect of —(a)

locating, distributing or collecting from public places of vehicles used by the licensee or class licensee to provide shared mobility services authorised by the licensee’s licence or class licence, as the case may be;

(b)

the safety or roadworthiness of the vehicles used in connection with the provision of shared mobility services authorised by the licensee’s licence or class licence, as the case may be; or

(c)

any matter affecting the interests of the public in connection with the shared mobility service provided by the licensee or class licensee.

(2) A direction given under subsection (1) —(a)

may require the licensee or class licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including (for a licensee) refusing to hire or further hire vehicles to any particular hirer;

(b)

takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and

(c)

may be revoked at any time by the LTA.

(3) However, a direction requiring a licensee or class licensee to refuse to hire or further hire vehicles to a particular hirer —(a)

must not have an expiry date that is longer than the prescribed period mentioned in section 23(4)(b); and

(b)

may only be given with respect to an individual who is convicted of, or has accepted a composition sum offered with respect to, any of the following offences committed or allegedly committed on or after 22 July 2020:(i)

an offence under section 21 or 22 of the Active Mobility Act 2017;

(ii)

an offence under section 5A of the Road Traffic Act 1961;

(iii)

an offence under the Parking Places Act 1974 or any rules made under that Act involving improper parking of vehicles hired from any licensee or class licensee.

(4) A direction under this section continues in force until the earlier of the following occurs:(a)

the expiry date (if any) stated in the direction is reached;

(b)

the LTA revokes the direction.

(5) Before exercising any powers under subsection (1), the LTA must, unless the LTA in respect of any particular direction considers that it is not practicable or desirable, give written notice to the licensee or class licensee concerned —(a)

stating that the LTA intends to give a direction to the licensee or class licensee under this section and the nature of the direction; and

(b)

specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the LTA with respect to the proposed direction.

(6) However, subsection (5) does not apply where —(a)

a safety directive is in force and the proposed direction is occasioned by the directive; or

(b)

the LTA, in respect of any particular direction, considers that it is not practicable or desirable to comply with subsection (5).

(7) The LTA may, after considering any written representation made pursuant to subsection (5)(b), decide to give or not to give the direction as the LTA considers appropriate.

(8) The LTA must serve on the licensee or class licensee concerned a notice of its decision under subsection (7).

(9) Every licensee or class licensee must comply with every direction given under this section to the licensee or class licensee as soon as it takes effect.

(10) No civil or criminal liability is incurred by the licensee or class licensee, or an officer, employee or agent of the licensee or class licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.