Section 51 Licensing of drivers of private hire vehicles.C1C2
England and Wales
Subject to the provisions of this Part of this Act, a district council shall, on the receipt of an application from any person for the grant to that person of a licence to drive private hire vehicles, grant to that person a driver’s licence:
Provided that a district council shall not grant a licence—
F3to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.
In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—
he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or
he is authorised by virtue of section 99A(1) F7or section 109(1) of that Act to drive in Great Britain a motor car.
A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary.
It shall be the duty of a council by which licences are granted in pursuance of this section to enter, in a register maintained by the council for the purpose, the following particulars of each such licence, namely—
the name of the person to whom it is granted;
the date on which and the period for which it is granted; and
if the licence has a serial number, that number,
and to keep the register available at its principal offices for inspection by members of the public during office hours free of charge.
Annotations
Textual amendments
- F1
Words in s. 51(1)(a) renumbered as s. 51(1)(a)(i) (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 18(2)(a) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)
- F2
S. 51(1)(a)(ii) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 18(2)(b) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)
- F3
S. 51(1)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 2(2)
- F4
S. 51(1ZA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 18(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)
- F5
S. 51(1A) repealed (1.4.1998) by 1997 c. 50, s. 134(1)(2), Sch. 9 para. 34, Sch. 10; S.I. 1998/354, art. 2(2)(ay)
- F6
By S.I. 1996/1974, reg. 5, Sch. 4 para. 3, it is provided that in s. 51 after subsection (1A) there shall be inserted (1.1.1997) subsection (1)
- F7
Words in s. 51(1)(b) inserted (5.9.1998) by S.I. 1998/1946, art.2
Modifications
- C1
S. 51: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B3
S. 51 extended (13.3.2000) by S.I. 2000/412, art. 4(5)
- C2
Ss. 48-54 modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. 1, 4 Table (with reg. 3)
Notes on Part II
Modifications
- C1
Pt. II(ss. 45–80) modified by Transport Act 1978 (c. 55, SIF 126), s. 7(3)
- C2
Pt. II(ss. 45–80) amended by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 79
- C3
Pt. II(ss. 45–80) applied with modifications by S.I. 1986/567, regs. 3, 4
- C4
Pt. II (ss. 45-80) extended (1.4.2000) by 1999 c. 29, s. 255(1)(4); S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1
Pt. II (ss. 45-80) excluded (1.7.2001) by 1981 c. 14, s. 79A(1)(a) (as inserted (1.7.2001) by 2000 c. 38, s. 265(2); S.I. 2001/1498, art. 3)