The Local Services (Operation by Licensed Hire Cars) Regulations 2009

• Citation: S.I. 2009/2863
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Local Services (Operation by Licensed Hire Cars) Regulations 2009 and come into force on 27th November 2009.

Section 2 Interpretation

(1) In these Regulations—

(a) “the 1976 Act ” means the Local Government (Miscellaneous Provisions) Act 1976 ;

(b) “the 1982 Act ” means the Civic Government (Scotland) Act 1982 ; and

(c) “the 1985 Act ” means the Transport Act 1985.

Section 3 Application

These Regulations apply in relation to a vehicle which is a licensed hire car for the purposes of section 12 of the 1985 Act at any time when that vehicle is being used to provide a local service under a special licence .

Section 4 Prescribed provisions for vehicles licensed under section 48 of the 1976 Act

(1) This regulation applies in relation to a vehicle which is licensed as a private hire vehicle under section 48 of the 1976 Act.

(2) The provisions specified in column 1 of the Table are, to the extent that they are part of the hire car code , the prescribed provisions of the hire car code for the purposes of section 12(10) of the 1985 Act.

(3) For the purposes of these Regulations the provisions specified in column 1 are modified in accordance with column 2.

(4) The provisions prescribed apply whether or not the use of the vehicle to provide a local service is within the controlled district for that vehicle.

(5) “controlled district” has the meaning given by section 80 of the 1976 Act .

Column 1

Provisions prescribed

Column 2

Modifications

Sections 46(1)(d) and (e), 75(1), 75(2A) and (2B) are omitted.

Section 75(2) is omitted to the extent that it would permit the use of a vehicle in contravention of the condition attached to the special licence by section 12(5)(b) of the 1985 Act.

The conditions shall be modified to the extent necessary to require that—

any notice that is capable of being illuminated (including a roof sign) in order to indicate that the vehicle is available for exclusive hire or has to be pre-booked must not be illuminated;

any notice that is incapable of being illuminated (including a standard door sign) which indicates that the vehicle is available for exclusive hire or has to be pre-booked must be covered over so as not to be visible; and

any condition which is incompatible with the requirements of regulation 6 is modified to the extent necessary to permit compliance with those requirements.

Section 5 Prescribed provisions for vehicles licensed under section 10 of the 1982 Act

(1) This regulation applies in relation to a vehicle which is licensed as a private hire car under section 10 of the 1982 Act.

(2) The provisions specified in the first column of the Table are, to the extent that they are part of the hire car code, the prescribed provisions of the hire car code for the purposes of section 12(10) of the 1985 Act.

(3) For the purposes of these Regulations the provisions specified in column 1 are modified in accordance with column 2.

Column 1

Provisions prescribed

Column 2

Modifications

The words “condition attached to a licence” in section 7(2) do not include any condition which imposes a requirement to—

accept a hiring; or

display signage; or

do anything else

which would be incompatible with the operation of a local service under a special licence.

Section 6 Prescribed documents, plates and marks

(1) The holder of a special licence must ensure that the vehicle is not used to provide a local service unless the requirements set out in paragraphs (2) to (4) are complied with.

(2) There must be a notice displayed on the vehicle which—

(a) is clearly legible from the front;

(b) includes the word “BUS” in letters at least 60 millimetres high; and

(c) indicates—

(i) the destination of the vehicle;

(ii) its route; or

(iii) the nature of the service being provided.

(3) A fare table which contains sufficient information to enable a passenger to ascertain without difficulty the fare for the journey being undertaken must be—

(a) displayed inside the vehicle in a manner clearly legible to passengers; or

(b) available in the vehicle for passengers who request it.

(4) The following documents must be carried in the vehicle and be readily available for inspection on request—

(a) a legible copy of the special licence; and

(b) a timetable showing the times during the year when the service will be provided and the proposed times (on the days when the service is to run) of principal points on the route.