Regulation 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^f1, 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^f2.

Table

Column 1 Provisions prescribed	Column 2 Modifications
Sections 45, 46, 48 to 54, 57, 58, 60, 61, 68, 70 and 72 to 80 of the 1976 Act.	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.
Any conditions attached to the grant of a licence under section 48(2) of the 1976 Act.	The conditions shall be modified to the extent necessary to require that— (a) 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; (b) 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 (c) any condition which is incompatible with the requirements of regulation 6 is modified to the extent necessary to permit compliance with those requirements.
The Transport Act 1980, section 64^f3.	None.
The Disability Discrimination Act 1995, sections 36, 36A, 37A and 38^f4.	In section 37A(2) for “operator” substitute “driver” and in section 37A(3) for “carry out a booking accepted by the operator of the vehicle” substitute “carry a disabled person if” and omit subsection (a).

Annotations

Footnotes

f1: “Hire car code” is defined in section 13(3) of the 1985 Act.
f2: The definition of “controlled district” in section 80(1) of the 1976 Act was substituted by SI 2000/412, article 7(1) and (3).
f3: 1980 c.34; section 64 was amended by the Transport Act 1985, Schedule 7.
f4: 1995 c.50; section 36 was amended by section 55 of the Local Transport Act 2008 (“the 2008 Act”); section 36A was inserted by section 56 of the 2008 Act; section 37A was inserted by section 1(1) of the Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002 (c.37) (“the 2002 Act”); section 38 was amended by section 56 of the 2008 Act and section 3 of the 2002 Act.