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Police Law 11th Edition

Updates

12. Public Service Vehicles

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Police Law 11th Edition

12. Public Service Vehicles

Chapter 12

Taxi with restricted public service vehicle operator's licence p 513

The Local Transport Act 2008, s 53 has amended the TA 1985, s 12 to permit the issue of restricted public service vehicle operators’ licences to operators of private hire vehicles in addition to taxis. Drivers must comply with the relevant ‘code’ in each case. Section 53 will only have effect in London if Transport for London decides that it should and makes an order under the TA 1985, s 13A (inserted by the LTA 2008, s 54).

Vehicle examiners' powers to issue fixed penalty notices p 516

The provisions of the RSA 2006 which extend the powers of vehicle examiners to enable them to issue fixed penalty notices are now in force. [SI 2008/3164]. See Ch 13 under heading ‘Vehicle examiner’s powers to issue fixed penalty notices’ p 549 for details of the Road Safety (Immobilisation, Removal and Disposal of Vehicles) Regulations 2009.

Seizure of vehicle, contents and personal effects where vehicle is used without an operator’s licence p 517

The Public Service Vehicles (Enforcement Powers) Regulations 2009, SI 2009/1964 introduced a statutory regime to deal with these matters. It is concerned with public service vehicles adapted to carry more than eight passengers (hereinafter a ‘vehicle’). It gives powers to an ‘authorised person’, ie an examiner appointed by the Secretary of State under the RTA 1988, s 66A or a person acting under the direction of such an examiner. Under reg 3, an authorised person may detain a vehicle and its contents where that person has reason to believe that the vehicle has been, or is being, used on a road in contravention of s 12(1) (operation of PSV on road with paying passengers without PSV operator’s licence). Regulation 3 does not authorise anyone other than a constable in uniform to stop a vehicle on a road. If passengers are on the vehicle an authorised person is required by reg 4 to make provision for them to be transported in safety either to their destination, or to a suitable place from which that destination can be reached.

Regulation 10 provides for the return of a vehicle detained under reg 3 without the need for an application to be made to a traffic commissioner where it is found that one or more of the following grounds in reg 10(3) is satisfied:

that, at the time the vehicle was detained, the person using the vehicle held a valid licence (whether or not authorising the use of the vehicle);
that at the time of detention the vehicle was not being and had not been used in contravention of s 12(1);
that although the vehicle, at the time at which it was detained, was being, or had been, used in contravention of s 12(1) the owner did not know that it was being, or had been used in contravention of s 12(1);
that, although knowing at the time of the detention that the vehicle was being, or had been, so used the owner had taken steps with a view to preventing the use and had taken steps with a view to preventing such further use.

Regulation 5 is concerned with the immobilisation of a detained vehicle. An authorised person may fix an immobilisation device at the place of detention or move the vehicle, or require it to be moved, to a more convenient place and fix the device there. An immobilisation notice must be fixed to the vehicle indicating:

that the device has been fitted to the vehicle;
indicating that release may only be effected by or under the direction of an authorised person;
providing details of where the authorised person can be contacted and information about the procedure under which an application can be made for release;
warning that the notice must not be removed or interfered with except by or on the authority of an authorised person; and
warning that no attempt must be made to drive the vehicle or otherwise put it in motion.

It is an offence against reg 6(1) to remove or attempt to remove an immobilisation device and against reg 6(3) to remove or interfere with an immobilisation notice, in either case, other than under the direction of an authorised person.

Under reg 7 a person who provides satisfactory evidence of entitlement to contents or personal effects to the authorised person or, in the case of an agent, provides satisfactory evidence of his status as an agent and of his principal’s entitlement to the contents or personal effects, is entitled to their return. In addition, under reg 8, an authorised person may direct in writing that a detained vehicle or any of its contents be removed and delivered into the custody of a specified person (nominated custodian). In giving a direction an authorised officer may allow the detained vehicle to be driven, towed or removed by such means as are reasonable in the circumstances. Provision is made to allow for the separate removal of contents where it is reasonable to do so to facilitate the removal of the vehicle; where there is good reason for storing them elsewhere; or where their condition requires immediate disposal. A direction may also allow the driver of the vehicle to transport any passenger travelling on the vehicle at the time of detention; or deliver contents or personal effects, to their destination, or to some other suitable place, before delivering the vehicle into the custody of the nominated custodian, provided that this can be done safely. The nominated custodian must be a person who has agreed with the Secretary of State to accept delivery of such vehicles, contents and personal effects.

By reg 9, an authorised person must publish a notice in at least one newspaper in such areas as the authorised person considers appropriate and publish a notice in the London Gazette if the property was detained or remained on a detained vehicle in England and Wales. Not less than 21 days before the expiry of any period given in the notice a copy of such a notice must be served on the owner of the vehicle; the traffic commissioner for the area in which the vehicle was detained; the chief officer of police for the area in which detention took place; the Association of British Insurers; and the British Vehicle Rental and Leasing Association where the vehicle was hired from a vehicle hire firm under a hiring agreement.

Regulation 11 provides that the owner of a vehicle detained under reg 3 may apply in writing, no later than the date specified to the traffic commissioner for the area in which the detention took place, for the return of his vehicle. The application must be made on any of the grounds in reg 10(3) and must include a statement of evidence in support of the application. If a hearing is required this must be stated. There is an appeal to a Transport Tribunal. Provision is made by reg 16 for the sale or destruction of a vehicle by the nominated custodian where there has been no application for the return of the vehicle or such an application has been rejected. The nominated custodian must not sell or destroy the vehicle without the permission of the authorised person.

A person seeking the return of any contents or personal effects must give written notice to the nominated custodian no later than a specified date (not less than 21 days after the date by which all of the obligations under the Regulations have been complied with). Where ownership has been established, the nominated custodian must return the property to the applicant. Regulation 22 provides that it is an offence for a person intentionally to obstruct an authorised person in the exercise of his powers under the Regulations. Obstructions are most likely to occur where an authorised person is detaining a vehicle; where he is fixing an immobilisation device to the detained vehicle; where he is moving the vehicle or requiring it to be moved under reg 5(1)(b); where he is fixing an immobilisation notice to the vehicle under reg 5(3); and where he directs the removal and delivery of the vehicle or any contents or personal effects to the custody of a nominated custodian. Regulation 23 provides that where a person makes a declaration with a view to securing the return of a vehicle under reg 14 (application to a traffic commissioner) and the declaration is (a) to the effect that the vehicle was not being, or had not been, used in contravention of the PPVA 1981, s 12(1) and (b) is to that person’s knowledge either false or in any material respect misleading, he is guilty of an offence.

Registration of Local Services p 518

In relation to the registration of a bus service with a traffic commissioner, TA 1985, s 6A (inserted by LTA 2008, s 48) provides a special procedure which must be followed by the traffic commissioner where any registration restrictions imposed under TA 1985, s 114 (quality partnership schemes) are in force. TA 1985, s 6B, inserted by LTA 2008, s 49, prospectively provides a procedure to deal with application for registration where a quality contract scheme is in force.

Certificates of initial fitness p 520

The last line of the second paragraph under this heading has been amended by the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2009, SI 2009/141, so as to read:

‘or (2) the relevant requirements of the Annexes to Directive 2001/85/EC, or of ECE Regulation 107.01 and 107.02, or of ECE Regulation 52.01.’

Provisional licences p 525

The Minibus and Other s 19 Permit Bus Regulations 1987 have been revoked. See below.

Buses operated by particular organisations p 527

The provisions under this heading have been amended by LTA 2008, s 57 and the Section 19 Permit Regulations 2009 (SI 2009/365) (which revoked and replaced the Minibus and Other Section 19 Permit Bus Regulations 1987). In consequence, the heading should be changed to 'Public service vehicles operated by particular organisations'.

LTA 2008, s 57 amended the relevant provisions so as to enable public service vehicles with fewer than 9 passenger seats to be used under a s 19 permit. As a result of these amendments there are two classes of permit: a large bus permit, which authorises the use of a large bus (a vehicle adapted to carry more than 16 passengers), and a standard permit which authorises the use of a small bus (a vehicle adapted to carry more than eight but not more than 16 passengers) or a public service vehicle other than a bus (a vehicle adapted to carry fewer than nine passengers).

The Section 19 Permit Regulations 2009, regs 3-5 prescribe the conditions which must be met by drivers of large buses, small buses and public service vehicles other than a bus, as follows:

Conditions to be fulfilled by driver of large bus

Any person who drives a large bus while it is being used under s 19 permit must hold -

a licence to drive a passenger-carrying vehicle,
a PCV Community licence, or
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle,

which authorises the driving of that vehicle.

Conditions to be fulfilled by driver of small bus

Any person who drives a small bus while it is being used under a permit and who is not the holder of-

a licence to drive a passenger-carrying vehicle,
a PCV Community licence, or
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle, which authorises the driving of that vehicle must, if that driver does not fulfil the conditions in reg 4(2), fulfil the alternative conditions specified in reg 4(3) and abide by the restrictions set out in reg 4(4) (reg 4(1)).

The conditions in reg 4(2) are that the driver-

was first granted a full licence under RTA 1988, Pt III authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) before 1 January 1997; and
is the holder of a valid full licence under that Part of the Act authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1) and sub-category D1 (not for hire or reward).

The alternative conditions in reg 4(3) are that the driver-

(a) is the holder of-

a valid full licence granted under RTA 1988, Pt III,
a valid corresponding Northern Ireland licence, or
a valid Community licence,

has held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years;
is aged 21 or over;
if aged 70 years or over, is not suffering from a relevant disability (within the meaning of RTA 1988, s 92 (see p 383 of the text)) in respect of which the Secretary of State would have to refuse that person a licence authorising the driving of vehicles of a class included in sub-category D1; and
receives no payment or other consideration for driving the vehicle other than out-of-pocket expenses.

The restrictions in reg 4(4) are that the vehicle-

must not have a trailer attached;
must, in a case where the driver's licence only authorises the driving of vehicles with automatic transmission, be fitted with automatic transmission; and
must satisfy the weight restrictions specified in the last paragraph under BUSES OPERATED BY PARTICULAR ORGANISATIONS AND COMMUNITY BUSES (pp 526-527 of the text).

Conditions to be fulfilled by driver of public service vehicle other than a bus

Any person who drives a public service vehicle other than a bus while it is being used under a permit and who is not the holder of-

a licence to drive a passenger-carrying vehicle,
a PCV Community licence, or
a Northern Ireland licence corresponding to a licence to drive a passenger-carrying vehicle, which authorises the driving of that vehicle, must fulfil the conditions specified in reg 5(2): reg 5(1).

The conditions in reg 5(2) are that the driver must-

hold a valid full licence granted under RTA 1988 Pt III authorising the driving of motor vehicles in category B (excepting a licence which only authorises the driving of vehicles in sub-category B1);
have held such a licence for a period of, or periods amounting in aggregate to, not less than 2 years; and
be aged 21 years or over.

Community bus services p 528

The reference on the fifth line under this heading to 'and by means of a vehicle adapted to carry more than eight but not more than sixteen' should be amended to exclude 'but not more than sixteen'. [LTA 2008, s 59] Thus, a service can be provided under a community bus permit using either a small bus (a vehicle adapted to carry more than eight but not more than 16 passengers) or a large bus (a vehicle adapted to carry more than 16 passengers).

The Community Bus Regulations 1986 have been revoked and replaced by the Community Bus Regulations 2009. The text of the second paragraph under the present heading has been replaced by the following provisions as to the conditions to be fulfilled by a driver of a community bus: