Local Authorities (Public Vehicle Regulations) Bill 2023

A

BILL

TO

Empower local authorities in the Regulation of public vehicles. BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Power to regulate public vehicles

(1) Local authorities may make regulations for the purpose of regulating the use of public vehicles in public places in Greater London for hire or reward (“public vehicle regulations”).

(2) In this act–

“public vehicle” means any vehicle for hire for the purpose of transportation, as a shared mobility service or operated by another person, which are not regulated under the Private Hire Vehicles (London) Act 1998, cannot be defined as part of a transport system under section 1(1) of the Transport and Works Act 1992 and which are not a bus or a coach.

(3) Before making public vehicle regulations, the local authority must consult whoever it considers appropriate.

(4) Later sections of this Act contain specific examples of provision that may be made by public vehicle regulations.

2 Licences, fares and other matters

(1) Public vehicle regulations may make provision for the licensing by local authorities of public vehicles, their drivers or their operators, including provision about—

(a) conditions of licences;

(b) the duration, renewal, variation, suspension or revocation of licences;

(c) the display or production of licences.

(2) Public vehicle regulations that make provision about the licensing of drivers or operators of public vehicles must include provision corresponding to the provision made by the Private Hire Vehicles (London) Act 1998 in relation to immigration status.

(3) Public vehicle regulations may provide for a fee to be payable—

(a) by an applicant for a licence or an applicant for variation or renewal of a licence;

(b) by a person who is granted a licence or whose licence is varied or renewed.

(4) The fees may be set at a level that enables the recovery of any costs incurred by the local authority by virtue of the regulations.

(5) Public vehicle regulations may make provision about fares for public vehicles, including provision about—

(a) what fares may be charged;

(b) when and how passengers are to be made aware of fares.

(6) Public vehicle regulations may make provision about—

(a) eligibility requirements for drivers or operators of public vehicles;

(b) the quality, roadworthiness or cleanliness of public vehicles;

(c) safety requirements or insurance requirements;

(d) equipment that may or must be carried on public vehicles;

(e) the appearance or marking of public vehicles;

(f) the testing of public vehicles;

(g) speed restrictions;

(h) the working conditions of drivers;

(i) the conduct of drivers.

(7) Public vehicle regulations may—

(a) prohibit drivers from using public vehicles for standing or plying for hire—

(i) in specified places,

(ii) at specified times, or

(iii) in other specified circumstances;

(b) make provision to prevent public vehicles from operating in specified places, at specified times or in other specified circumstances;

(c) make provision to restrict the number of public vehicles operating in specified places or at specified times.

(8) Public vehicle regulations may impose requirements on drivers or operators of public vehicles.

(9) Public vehicle regulations may confer a discretion on local authorities.

(10) Public vehicle regulations may confer power on local authorities to authorise others to carry out functions under the regulations on their behalf.

3 Enforcement

(1) Public vehicle regulations may create offences relating to—

(a) the provision of false or misleading information in connection with applications for licences, or the renewal or variation of licences, or decisions about licences;

(b) failure to comply with requirements, prohibitions or restrictions imposed by the regulations.

(2) The regulations—

(a) must provide for any offences to be triable summarily only, and

(b) may only provide for offences to be punishable with a fine not exceeding a level on the standard scale specified in the regulations, which may not exceed level 4 (but this limitation does not apply to provision made for the purpose of complying with section 2(2)).

(3) The regulations may—

(a) make provision authorising local authorities to impose civil penalties in respect of conduct described in subsection (1) (as well as, or instead of, provision for the conduct to be an offence);

(b) make provision for the enforcement of such penalties.

(4) Public vehicles regulations may authorise the immobilisation, seizure, retention and disposal of public vehicles that contravene, or are used in contravention of, the regulations.

(5) Public vehicles regulations may confer functions on a constable in connection with the enforcement of the regulations.

4 Appeals

(1) Public vehicles regulations must provide for a person to whom any relevant decision relates to have the right—

(a) to request that the decision is reconsidered, and

(b) to appeal to a magistrates’ court.

(2) Public vehicles regulations may confer further rights to request that decisions are reconsidered, or to appeal.

(3) A “relevant decision” means—

(a) a decision to refuse to grant, renew or vary a licence;

(b) a decision to vary, suspend or revoke a licence;

(c) a decision to impose a licence condition when granting or renewing a licence;

(d) a decision to impose a civil penalty;

(e) a decision to take action under section 3(4).

(4) The regulations may make further provision about reconsideration or appeals, including—

(a) procedural provision (including time limits);

(b) provision for a licence to remain in force until—

(i) the period allowed for making a request has expired and, if a request is made, the decision has been reconsidered, and

(ii) the period allowed for appealing has expired and, if an appeal is made, the appeal has been finally disposed of;

(c) provision prohibiting local authorities or another person from taking specified action during any such period.

6 Extent, Commencement and Short Title (1) This Act shall extend to England. (5) This Act shall come into force immediately after receiving Royal Assent. (6) This Act may be cited as the Local Transport (Public Vehicle Regulations) Act 2023.

This Bill was written by The Most Hon. Dame Ina LG LT LP LD GCMG DBE CT CVO MP MSP MS MLA FRS on behalf of His Majesty’s 34th Government. It is based on the Pedicabs (London) Bill 2021 introduced by Nickie Aiken, Member of Parliament for the Cities of London and Westminster.

Deputy Speaker,

This is a rather simple bill to solve a rather local issue, mostly terrorising London’s West End as of today. That being pedicabs and other such vehicles, unregulated under existing legislation, which then use the existing lack of regulation to their own benefit. There have been stories of pedicab drivers asking outrageous prices for their services from tourists who do not know what they are getting themselves into, but their unregulated state also leads to way too many of them existing on London’s streets, clogging up the roads and causing chaos across the West End.

But in regulating pedicabs, Deputy Speaker, we decided to finally just end the absurd situation of a new form of transport being introduced to the streets of the United Kingdom with almost no power to be regulated by the relevant transport authorities. We have decided to create a generic power for public vehicles, that is, non-private vehicles, to be regulated by the relevant local authority. They can set licences for these operators, for example, through which they can limit the supply. They can set the terms for pricing, locations and times that services can operate, as well as other operational questions they think are relevant. Through this mechanism they can also refuse to grant licences, meaning that transport modes which do not fit the urban nature of a place can be barred entirely.

Through this, we also empower councils to tackle the large fleets of e-bikes and e-scooters across our cities, dumped there by venture capital backed firms in a totally unregulated fashion, creating dangerous situations on the roads and littering the streetscape with abandoned vehicles, often in rather neglectful circumstances. Local authorities need the power to regulate these industries, and this bill creates a general power for them to regulate them and other forms that may come along. In a time of rapid transport innovation we cannot allow our legislation to be strict and precise where the motto of Silicon Valley is to move fast and break things. By giving local authorities the power to licence and regulate, they can act quickly where it is needed and to protect our urban spaces from the excesses of venture capital.

This division will end on 20th November at 10pm GMT.