Citation and commencement

1. These Regulations may be cited as the Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003 and shall come into force on 1st April 2003.

Interpretation

2. In these Regulations—

“the 1998 Act” means the Private Hire Vehicles (London) Act 1998;

“application deadline” in relation to an existing driver means the date specified under regulation 4(1) as the application deadline for that driver;

“existing driver” means an individual who is registered with Transport for London as an existing driver in accordance with article 3(1);

“the first appointed day” means 1st April 2003;

“the second appointed day” means 1st June 2003; and

“temporary permit” means a temporary permit issued under regulation 5(1).

Registration of existing drivers

3. —(1) Subject to the provisions of this regulation, an individual who has been the driver of a vehicleused as a private hire vehicle on roads in London under a booking which was—

(a) made through a London PHV operator (“the relevant operator”); and

(b) accepted at an operating centre specified in the relevant operator’s London PHV operator’s licence,

may apply to be registered with Transport for London as an existing driver by delivering to Transport for London the form provided by it for the purpose completed to show such particulars as Transport for London may reasonably require.

(2) The form shall be signed by the applicant and countersigned by the relevant operator.

(3) The form shall be treated as validly delivered to Transport for London if, and only if, it is received by Transport for London on the second appointed day or at any time before that day, whether before or after the making of these Regulations.

Application deadlines

4. —(1) Transport for London shall by notice given to each existing driver specify an application deadline by which that driver is invited to submit an application for a London PHV driver’s licence.

(2) Transport for London shall not be required to consider any application for a London PHV driver’s licence from an existing driver until after the application deadline.

Issue of temporary permits

5. —(1) Transport for London may issue a temporary permit to any existing driver.

(2) Subject to regulation 6 and, except for the purposes of section 14(1) (driver’s badges) of the 1998 Act, a temporary permit shall have effect as if it were London PHV driver’s licence and may in particular be suspended or revoked under section 16 of that Act accordingly.

Duration of temporary permits

6. —(1) A temporary permit shall cease to have effect on whichever of the following dates falls first—

(a) if a London PHV driver’s licence is granted to the holder of the temporary permit, the date on which the licence was granted;

(b) if an application for a London PHV driver’s licence by the holder of the temporary permit is refused, the date on which the time for appealing against the refusal of the application expires or (where an appeal is brought) the date on which the appeal is disposed of or withdrawn;

(c) if the temporary permit is revoked, the date on which the revocation takes effect in accordance with section 17(1) or (2) of the 1998 Act; or

(d) if the temporary permit ceases to have effect in accordance with paragraph (3), the date specified or agreed as mentioned in paragraph (2).

(2) If an application for a London PHV driver’s licence is not received from the holder of a temporary permit by the application deadline, Transport for London may give notice to the holder that, if an application is not received by Transport for London from him by the date specified in the notice or such later date as Transport for London may agree, the temporary permit is to cease to have effect.

(3) If no such application is received by the date so specified or agreed, the temporary permit shall thereupon cease to have effect.

Modification of section 13 of the 1998 Act

7. —(1) In relation to an application for a London PHV driver’s licence who is an existing driver and the holder of a temporary permit or London PHV driver’s licence, section 13 of the 1998 Act shall have effect subject to the following modifications.

(2) In subsection (2) for the words “the requirement mentioned in subsection (3), and any further” there shall be substituted “any”.

(3) Subsection (3) shall be omitted.

Saving for private hire vehicles licensed in Plymouth

8. In relation to private hire vehicles licensed under the Plymouth City Council Act 1975( 2 ), the 1998 Act shall have effect as if—

(a) in section 5(1), at end of paragraph (c), there were inserted—

“ or;

(d) the other operator is licensed under the 1975 Act . ” ;

(b) in section 6(6)—

(i) the word “and” at the end of paragraph (b) were omitted;

(ii) at the end of paragraph (c) there were inserted—

“ and

(d) if the vehicle is in use for the purposes of a hiring the booking for which was accepted in the City of Plymouth, a licence issued under the 1975 Act, ” ;

(c) for “paragraph (b) or (c)” (in both places) there were substituted “paragraph (b), (c) or (d)”;

(d) in section 12(6)—

(i) in paragraph (b) the word “and” were omitted; and

(ii) after paragraph (c) there were inserted—

“ and

(d) if the vehicle is in use for the purposes of a hiring the booking for which was accepted in the City of Plymouth, a licence under the 1975 Act. ” ; and

(e) in section 36, after the definition of “road” there were inserted the following definition—

“ “the 1975 Act” means the Plymouth City Council Act 1975; ” .