Section 75(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 states that nothing in Part II of the Act (which deals with hackney carriages and private hire vehicles) applies to a vehicle used to bring passengers or goods into a controlled district under a hire contract made outside that district, provided the vehicle is not made available for hire within the district.
Key Points
This section applies to vehicles operating under Part II of the 1976 Act, which governs the licensing and regulation of hackney carriages and private hire vehicles in designated controlled districts that have different
local conditions of licensing.
The exemption is for vehicles hired under a contract (a booking) that is made in the controlled district that the vehicle is licensed in but ending the contract for hire in a different licensing area.
A crucial condition is; that the vehicle entering another controlled district must not be made available for hire within the newly arrived controlled district when that contract is completed.
This provision aims to allow for the natural movement of vehicles for hire from one area to enter into another licensing area when being hired on a contract (a booking). But, without that driver and vehicle having to comply with the same local licensing conditions requirements in that other controlled district that has been entered into where those local drivers and vehicles do have to comply to those local conditions of licensing. This is for the purpose for that out-of-town driver and vehicle to complete the hired contract/booking.
Simply put:
If a private hire vehicle from ‘District A’ is hired in ‘District A’ under a contract (a booking) and is then used to transport a passenger into another controlled ‘District B’, it remains exempt from the local licensing conditions under this section, as long as it is not then presented for hire within the controlled ‘District B’.
Ultimately, under Section 75 (1) (a) an out-of-town licensed driver/vehicle cannot accept contracts for hire within a controlled district for the purpose of staying within that controlled district without complying with the same local conditions of licensing of that controlled district.
Without this there is no point in having local conditions of licensing which is the exact reason why Parliament gave local licensing control to local authorities in the first place.
Why has no local Licensing Authority ever had the gumption to enforce Section 75 (1) (a) ?
Key Points
This section applies to vehicles operating under Part II of the 1976 Act, which governs the licensing and regulation of hackney carriages and private hire vehicles in designated controlled districts that have different
local conditions of licensing.
The exemption is for vehicles hired under a contract (a booking) that is made in the controlled district that the vehicle is licensed in but ending the contract for hire in a different licensing area.
A crucial condition is; that the vehicle entering another controlled district must not be made available for hire within the newly arrived controlled district when that contract is completed.
This provision aims to allow for the natural movement of vehicles for hire from one area to enter into another licensing area when being hired on a contract (a booking). But, without that driver and vehicle having to comply with the same local licensing conditions requirements in that other controlled district that has been entered into where those local drivers and vehicles do have to comply to those local conditions of licensing. This is for the purpose for that out-of-town driver and vehicle to complete the hired contract/booking.
Simply put:
If a private hire vehicle from ‘District A’ is hired in ‘District A’ under a contract (a booking) and is then used to transport a passenger into another controlled ‘District B’, it remains exempt from the local licensing conditions under this section, as long as it is not then presented for hire within the controlled ‘District B’.
Ultimately, under Section 75 (1) (a) an out-of-town licensed driver/vehicle cannot accept contracts for hire within a controlled district for the purpose of staying within that controlled district without complying with the same local conditions of licensing of that controlled district.
Without this there is no point in having local conditions of licensing which is the exact reason why Parliament gave local licensing control to local authorities in the first place.
Why has no local Licensing Authority ever had the gumption to enforce Section 75 (1) (a) ?
BRIGHTON & HOVE
CAB TRADE ASSOCIATION
CAB TRADE ASSOCIATION
