Arrangement of Clauses (Contents)

Transport for London Bill

 

A

BILL

To confer further powers upon Transport for London; and for related purposes.

WHEREAS—

(1)It is expedient that the powers of Transport for London should be extended and amended as provided in this Act:
(2)It is expedient that further provision be made in relation to schemes for congestion charging made by Transport for London:
(3)It is expedient that further provision be made about London cabs and private hire vehicles:
(4)It is expedient that provision be made enabling fixed penalty notices to be served in respect of certain offences relating to London cabs:
(5)It is expedient that further provision be made about penalty fares in London:
(6)It is expedient that Transport for London should have powers to apply for anti-social behaviour orders for the protection of persons on or near premises or vehicles used for transport services provided by, or under arrangement with, Transport for London:
(7)It is expedient that further provision should be made in relation to GLA roads and street management:
(8)It is expedient that Transport for London should have power to make arrangements for risk mitigation:
(9)It is expedient to make provision as regards the powers of Transport for London under section 215 of the Greater London Authority Act 1999 (c. 29):
(10)It is expedient that Transport for London should be exempt from the general prohibition under section 19(1) and 21(1) of the Financial Services and Markets Act 2000 (c. 8) to carry out certain activities:
(11)It is expedient that Transport for London should have further powers to acquire land and to grant interests in land:
(12)It is expedient that the other provisions contained in this Act should be enacted:
(13)The purposes of this Act cannot be effected without the authority of Parliament:
(14)In relation to the promotion of the Bill for this Act Transport for London has complied with the requirements of section 167 of, and Schedule 13 to, the Greater London Authority Act 1999 (c.29):

    May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Preliminary

1Citation and commencement
(1)This Act may be cited as the Transport for London Act 2005 and, except for—

sections 17 to 21 and Schedules 1 and 2 (Fixed penalties for cab and private hire vehicle offences);

section 22 (Production of London PHV driver's licence and badge);

section 23 (Return of London PHV driver's licence and badge on suspension);

section 24 (Obligation of London operators to keep records); and

section 26 (Penalty fares),

shall come into operation at the end of the period of two months beginning with the date on which it is passed.

(2)The provisions mentioned in subsection (1) shall come into operation on the appointed day.

2General interpretation

In this Act—

"the 1980 Act" means the Highways Act 1980 (c. 66);

"the 1998 Act" means the Private Hire Vehicles (London) Act 1998 (c. 34);

"the 1999 Act" means the Greater London Authority Act 1999;

"enactment" includes any instrument made under an Act;

"local authority" means—

(a)a London borough council; or
(b)the Common Council of the City of London;

"Mayor" means the Mayor of London;

"subsidiary" has the meaning given by section 736 of the Companies Act 1985 (c. 6); and

"TfL" means Transport for London.

3Appointed day
(1)In subsection (2) of section 1 (Citation and commencement) of this Act "the appointed day" means such day as may be fixed by a decision of TfL, subject to and in accordance with the provisions of this section.
(2)Different days may be fixed under this section for different provisions.
(3)No day fixed under this section may be before the end of the period of two months beginning with the date on which this Act is passed.
(4)TfL shall cause to be published in a newspaper circulating in London and in the London Gazette notice—
(a)of the taking of any such decision and of a day fixed thereby; and
(b)of the general effect of the provisions of this Act coming into operation as from that day,

and the day so fixed shall not be earlier than the expiration of three months from the publication of the notice.

(5)Either a photostatic or other reproduction certified by the officer appointed for that purpose by TfL to be a reproduction of a page or part of a page of any such newspaper or the London Gazette bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication.

Part 2

Congestion Charging

4Interpretation of Part 2

Expressions used in Part 2 and in Schedule 23 to the 1999 Act have the same meaning in that Part as in that Schedule.

5Contravention of requirement of TfL scheme
(1)A TfL scheme may provide that any person contravening, or failing to comply with, any specified requirement of the scheme shall be liable on summary conviction to a fine for each offence not exceeding level 2 on the standard scale or not exceeding a lesser amount; but such a provision shall not apply in relation to anything done before the provision comes into effect.
(2)Nothing in this section shall affect the operation of section 8 (Failure to notify changes in eligibility for exemptions etc.) or paragraph 25 or 27 of Schedule 23 to the 1999 Act (specific offences relating to congestion charging).

6Extension of power to include enforcement provisions in TfL scheme
(1)Notwithstanding paragraph 31 of Schedule 23 to the 1999 Act, a TfL scheme may authorise—
(a)the examination, for any purpose relating to or connected with a TfL scheme, of a motor vehicle found in a charging area, or
(b)the fitting of an immobilisation device to, or the removal of, a motor vehicle found in such an area,

at a time at which the vehicle is on a public off-street parking place as well as at a time at which the vehicle is on a road.

(2)The powers conferred by the Charges and Penalty Charges Regulations on TfL, or for a TfL scheme to make provision for TfL, to examine, enter, immobilise or remove any vehicle which is on a road are also exercisable in respect of any vehicle which is on a public off-street parking place.
(3)Accordingly, the Charges and Penalty Charges Regulations, so far as they relate to TfL or a TfL scheme, shall have effect as if—
(a)the reference in regulation 8(1) to a vehicle which is on a road included a reference to a vehicle which is on a public off-street parking place;
(b)the references in regulations 10(1) and 12(1) to a vehicle which is stationery on a road in a charging area included references to a vehicle which is stationery on a public off-street parking place in a charging area;
(c)the references in regulations 10(1)(a) and 12(1)(a) to "that road" were references to a road in a charging area; and
(d)the reference in regulation 10(2)(b) to "another place on that road or another road" were a reference to another place on a road.
(4)TfL may not enter a public off-street parking place for the purpose of exercising any powers conferred on TfL by the Charges and Penalty Charges Regulations, or a TfL scheme, by virtue of this section to examine, enter, immobilise or remove any vehicle there without obtaining the prior consent of the operator.
(5)For the purposes of subsection (4) an operator's consent may be given to enter a public off-street parking place—
(a)on a specific occasion; or
(b)generally.
(6)An operator's consent required under subsection (4) is not to be unreasonably withheld.
(7)Consent to enter a public off-street parking place on a specific occasion shall be deemed to have been given for the purposes of subsection (4) if—
(a)TfL has served a notice on the operator asking for consent to enter on that occasion; and
(b)the operator fails within 7 days of the service of the notice to give TfL notice of his consent or his refusal to give it.
(8)In this section—
(a)"the Charges and Penalty Charges Regulations" means the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285);
(b)"public off-street parking place" means a place, whether above or below ground and whether or not consisting of or including buildings, where off-street parking accommodation is made available by a local authority or any other person to the public (whether or not for payment); and
(c)any reference to the operator of such a parking place is a reference to the local authority or other person making such parking accommodation at the parking place so available.

7Power to suspend TfL scheme

Where it appears to TfL to be desirable or expedient TfL may suspend or partially suspend the operation of a TfL scheme for such period or periods as TfL thinks fit.

8Failure to notify changes in eligibility for exemptions etc.
(1)This section applies where a TfL scheme—
(a)makes provision for the maintenance of a register of non-chargeable, reduced rate and qualifying person's motor vehicles for the purposes of provisions in the scheme relating to—
(i)exemptions from charge,
(ii)the application of reduced rates of charge, or
(iii)the imposition of limits on the charges payable,
in the case of any particular class of motor vehicles or descriptions of persons; and
(b)requires the registered keeper of the motor vehicle or qualified person in relation to whom particulars of the vehicle are entered on the register to notify TfL if the vehicle has ceased to be a non-chargeable vehicle, a reduced rate vehicle or a qualifying person's vehicle for the purposes of those provisions.
(2)In subsection (1) "qualifying person", in relation to a TfL scheme, means a person who qualifies for an exemption from charge, a reduced rate of charge or a limit on the charge payable.
(3)Where this section applies, any person who, without reasonable excuse, fails to comply with the requirement referred to in subsection (1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4)This section shall not apply in relation to anything done before this section comes into force.

Part 3

London Cabs and Private Hire Vehicles

London cabs: general provisions

9Power to designate directional taxi ranks
(1)TfL may by London cab order designate any standing for hackney carriages appointed under section 4 of the London Hackney Carriages Act 1850 (c. 7) to be a directional taxi rank—
(a)at all times; or
(b)for such times of the day, days or other periods as may be specified in the order.
(2)Where TfL designates a directional taxi rank, TfL shall cause a sign to be displayed at the rank clearly indicating—
(a)the direction or directions in which the drivers of vehicles plying for hire at that rank are required to travel; and
(b)the times, days or other periods for which the rank is designated to be a directional taxi rank.
(3)Notwithstanding section 35 of the London Hackney Carriage Act 1831 (c. 22) and section 17 of the London Hackney Carriage Act 1853 (c. 33), the driver of a hackney carriage plying for hire at a directional taxi rank may refuse to drive his vehicle in a direction which is not the specified direction or, where more than one direction is specified, which is not one of the specified directions.
(4)Where it appears to TfL to be desirable or expedient TfL may suspend the operation of a designation under this section for such period or periods as TfL thinks fit.
(5)In this section—

"directional taxi rank" means a standing for hackney carriages whose drivers are plying for hire only for journeys in a specified direction or in one of several specified directions;

"London cab order" means an order made under section 9 of the Metropolitan Public Carriage Act 1869 (c. 115); and

"specified direction", in relation to a directional taxi rank, means the direction (or any of the directions) specified in the designation relating to that rank.

10Power to designate rest ranks
(1)TfL may by London cab order designate any standing (or part of a standing) for hackney carriages appointed under section 4 of the London Hackney Carriages Act 1850 (c. 7) to be a rest rank—
(a)at all times; or
(b)for such times of the day, days or other periods as may be specified in the order.
(2)TfL may by London cab order prescribe the maximum length of time during which a hackney carriage may stand at a rest rank; and different maximum lengths of time may be prescribed—
(a)for different rest ranks; or
(b)for different times of the day, days or other periods.
(3)Where TfL designates a rest rank, TfL shall cause a sign to be displayed at the rank clearly indicating that the rank (or the relevant part of it) is a rest rank.
(4)Notwithstanding section 35 of the London Hackney Carriage Act 1831 (c. 22) and section 17 of the London Hackney Carriage Act 1853 (c. 33), the driver of a hackney carriage which is standing at a rest rank shall not be deemed to be plying for hire and, accordingly, may not be compelled to drive his vehicle to any place by any person wishing to hire it.
(5)Where it appears to TfL to be desirable or expedient TfL may suspend the operation of a designation under this section for such period or periods as TfL thinks fit.
(6)In this section "London cab order" means an order made under section 9 of the Metropolitan Public Carriage Act 1869 (c. 115).

11Taxi drivers' badges
(1)In section 8 of the London Hackney Carriages Act 1843 (c. 86) (metal ticket to be issued to licensed driver of hackney carriage)—
(a)for "metal ticket" insert "badge", and
(b)omit "or engraved".
(2)In sections 10, 17, 18, 19, 25 and 27, for "ticket", in each case where that word occurs, substitute "badge".

12Public register of cab licences not to include holders' addresses
(1)Section 16 of the London Hackney Carriages Act 1843 shall be amended as follows.
(2)Re-number the existing provision subsection (1).
(3)In that subsection, after "may be founded; and" insert ", subject to subsection (2),".
(4)After that subsection, insert—
"(2)Transport for London may disclose the address of a licensed person to any person only if it appears to Transport for London that the person has a sufficient reason for requiring that information.".
 

 
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Prepared 6 August 2008