Regulation 12 Bookings accepted on behalf of another operator or a pedicab driver
An operator may not arrange for—
another operator to provide a pedicab to operate a pedicab booking as sub-contractor unless the other operator is a licensed operator under these Regulations; or
a driver to carry out a pedicab booking as sub-contractor unless they are a pedicab driver.
An operator who contravenes paragraph (1) is guilty of an offence.
It is a defence in proceedings for an offence under this regulation for an operator to show that they exercised all due diligence to avoid committing such an offence.
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
It is immaterial for the purposes of paragraph (1) whether or not sub-contracting is permitted by the contract between the first operator and the person who made the pedicab booking.
For the avoidance of doubt (and subject to any relevant contract terms), a contract of hire between a person who made a pedicab booking and the operator who accepted the booking remains in force despite the making of arrangements by that operator for another contractor to provide a vehicle to carry out that booking as sub-contractor.