Arrangement of Clauses (Contents)

Transport for London Bill—continued


 

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13Cost of replacement badges

In section 19 of the London Hackney Carriages Act 1843 (cost of replacement badge to be such sum, not exceeding 15p, as TfL shall from time to time appoint) for ", not exceeding 15p, as Transport for London shall from time to time appoint" substitute "as Transport for London shall consider reasonable".

14Time limit for making complaints

Section 38 of the London Hackney Carriages Act 1843 (c. 86) (complaints to be made within 7 days) shall cease to have effect.

15Fares for journeys ending outside London

After subsection (3) of section 1 of the London Cab and Stage Carriage Act 1907 (c. 55) (fares for taximeter cabs) insert—

"(4)The fare for a cab journey starting within London but ending outside London shall be—
(a)such fare as may be agreed between the driver and the passenger before the commencement of the journey, or
(b)if no fare is so agreed, the fare shown on the taximeter.
(5)A driver of a cab who demands or takes more than the proper fare for a journey undertaken as mentioned in subsection (4) of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.".

16Unfit cabs

In section 2 of the London Hackney Carriage Act 1853 (c. 33) (service of notice on proprietor of unfit cab and suspension of licence) for the words from "which notice shall be personally served" to "horses whilst in a condition unfit for public use" substitute "which notice—

(a)shall be personally served on the proprietor or delivered at his usual place of residence, and
(b)may be personally served on the driver of the carriage;

and if, after notice has been served on the proprietor or driver as mentioned in paragraph (a) or (b), the carriage is used or let to hire as a hackney carriage whilst in a condition unfit for public use,".

London cabs and private hire vehicles: fixed penalties

17Fixed penalty cab and private hire vehicle offences
(1)Where on any occasion a constable or an authorised officer of TfL finds a person who he has reason to believe has on that occasion committed an offence under any of the enactments—
(a)specified in columns (1) and (2) of the table set out in Schedule 1 to this Act; and
(b)described in column (3) of that table;

the constable or officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2)Sections 18 to 21 (Fixed penalties) shall apply in respect of fixed penalty notices under this section.
(3)Schedule 2 to this Act shall have effect with respect to financial provisions relating to the administration and enforcement of this section and sections 18 to 21 (Fixed penalties).

18Power to amend Schedule 1
(1)TfL may, after consulting—
(a)the Mayor,
(b)the Greater London Assembly,
(c)every London borough council,
(d)the Common Council of the City of London, and
(e)such bodies or persons as appear to TfL to be representative of persons who would be affected by the proposed order,

by order, made with the consent of the Secretary of State, amend Schedule 1 to this Act by adding a relevant offence to, or removing a relevant offence from, the offences for the time being mentioned in the table set out in that Schedule.

(2)Where an order under subsection (1) is made, TfL shall cause to be published in a newspaper circulating in London and in the London Gazette notice—
(a)of the making of the order, and
(b)of the general effect of the order;

and the order shall not come into effect earlier than the expiration of three months from the publication of the notice.

(3)Either a photostat 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 newspaper or the London Gazette bearing the date of the publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication.
(4)TfL shall, as soon as reasonably practicable after the making of the order, give notice of the matters mentioned in subsection (2)(a) and (b) to the bodies and persons consulted as mentioned in subsection (1).
(5)In subsection (1) "relevant offence" means an offence under an enactment regulating hackney carriages or private hire vehicles in London or the drivers, proprietors or operators of such carriages or vehicles.

19Fixed penalty notices
(1)The provisions of this section shall have effect in relation to notices ("Fixed penalty notices") which may be given under section 17 (Fixed penalty offences).
(2)Where a person is given a fixed penalty notice in respect of an offence—
(a)no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
(b)he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(3)A fixed penalty notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—
(a)the period during which, by virtue of subsection (2), proceedings will not be taken for the offence;
(b)the amount of the fixed penalty; and
(c)the name of the person to whom and the address at which the fixed penalty may be paid;

and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(4)Where a letter is sent in accordance with subsection (3) payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(5)The form of notices under this section shall be such as the Secretary of State may by regulations prescribe.
(6)The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to TfL.
(7)In any proceedings a certificate which—
(a)purports to be signed by or on behalf of the chief finance officer of TfL; and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

20Levels of fixed penalties
(1)It shall be the duty of TfL to set the levels of fixed penalties payable to TfL.
(2)Different levels may be set for different cases or classes of case.
(3)In setting the level of fixed penalty under subsection (1) TfL may take account of—
(a)any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of the enactment under which the particular fixed penalty offence is created; and
(b)the cost or expected cost of enforcing the provisions of the relevant enactment.
(4)Levels of fixed penalties set by TfL in accordance with this section may only come into force in accordance with section 21 (Fixed penalties: reserve powers of Secretary of State).
(5)TfL shall publish, in the same manner as it publishes levels of additional parking charges which have been set in accordance with the provisions of section 74 of the Road Traffic Act 1991 (c. 40), the levels of fixed penalties which have been set by TfL in accordance with this section.

21Fixed penalties: reserve powers of Secretary of State
(1)Where TfL sets any levels of fixed penalties under subsection (1) of section 20 (Levels of fixed penalties), TfL shall notify the Secretary of State of the levels of fixed penalties so set.
(2)Where notification of any levels of fixed penalties is required to be given under subsection (1), the levels of fixed penalties shall not come into force until after the expiration of—
(a)the period of one month beginning with the day on which the notification is given; or
(b)such shorter period as the Secretary of State may allow.
(3)If, before the expiration of that period, the Secretary of State gives notice to TfL that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties shall not come into force unless and until the objection has been withdrawn.
(4)If, at any time before the levels of fixed penalties required to be notified under subsection (1) to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5)Levels of fixed penalties set under subsection (4) must be no higher than those notified under subsection (1).
(6)Where the Secretary of State makes any such regulations TfL must not set any further fixed penalties under subsection (1) until after the expiration of the period of 12 months beginning with the day on which the regulations are made.
(7)The power to make regulations under this section includes power to make provision in respect of such cases only as may be specified in the regulations and to make different provision for different circumstances.
(8)The power to make regulations under this section shall be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Private hire vehicles

22Production of London PHV driver's licence and badge
(1)In section 14(3) of the 1998 Act (obligation of driver of London private hire vehicle to wear badge) before "wear the badge in such position and manner as to be plainly and distinctly visible" insert "(a)" and after those words insert "and—
(b)at the request of any person, produce the badge for inspection.".
(2)In section 14(4) of the 1998 Act (power of TfL to exempt a driver from a requirement to wear his badge) for "subsection (3)" insert "subsection (3)(a)".
(3)In section 21 of the 1998 Act (production of documents), after subsection (1), insert—
"(1A)Without prejudice to subsection (1), the driver of a vehicle which is being used as a private hire vehicle on a road in London shall, where section 12 applies—
(a)have in his possession the private hire vehicle driver's licence which authorises him to drive that vehicle under that section, and
(b)at the request of a constable or authorised officer produce the licence for inspection forthwith.".
(4)In subsection 21(3) of the 1998 Act for "produced under this section" substitute "produced under subsection (1) or (2)".

23Return of licences etc. on suspension or revocation
(1)Section 22 of the 1998 Act (return of licences etc) shall be amended as follows.
(2)In subsection (1), at the beginning insert "Without prejudice to subsection (1A),".
(3)After subsection (1) insert—
"(1A)Where the suspension or revocation of a London PHV operator's licence has immediate effect by virtue of section 17(2), the holder of the licence shall, at the request of a constable or authorised officer, forthwith return the licence to the constable or officer.".
(4)In subsection (2)—
(a)at the beginning insert "Without prejudice to subsection (2A),";
(b)for "the plate or disc" substitute "every plate or disc"; and
(c)after "section 10" insert "or any regulations made under this Act.".
(5)After subsection (2) insert—
"(2A)Where the suspension or revocation of a London PHV licence has immediate effect by virtue of section 9(3) or 17(2), the owner of the vehicle to which the licence relates shall, at the request of a constable or officer of TfL, forthwith return to the constable or officer the licence and every plate or disc which was issued for the vehicle under section 10 or any regulations made under this Act.".
(6)In subsection (3), at the beginning insert "Without prejudice to subsection (3A),".
(7)After subsection (3) insert—
"(3A)Where the suspension or revocation of a London PHV driver's licence has immediate effect by virtue of section 17(2), the holder of the licence shall, at the request of a constable or officer of TfL, forthwith return the licence and his driver's badge to the constable or officer.".
(8)In subsection (4)—
(a)at the beginning insert "Without prejudice to subsections (1A), (2A) and (3A),"; and
(b)in paragraph (a), for "the disc or plate" substitute "every disc or plate" and after "section 10" insert "or any regulations made under this Act".

24Obligation of London operators to keep records

In section 4(3) of the 1998 Act (records to be kept by London operators), for paragraph (d) substitute—

"(d)keep at the specified operating centre or, where more than one operating centre is specified, at one of the operating centres such records as may be prescribed of particulars of the private hire vehicles and drivers which are available to him for carrying out bookings accepted by him at that or, as the case may be, each centre;
(da)display at each specified operating centre a notice stating the address of the operating centre at which the records are kept under paragraph (d);".

25Public register of licences not to include holders' addresses
(1)Section 23 of the 1998 Act (particulars to be kept in public register of licences) shall be amended as follows.
(2)In subsection (1)(a), leave out "and address".
(3)In subsection (2), after "the register" insert "kept under subsection (1)".
(4)After subsection (2) insert—
"(3) The licensing authority shall maintain a supplementary register containing, for each licence issued under this Act, the address of the person to whom it is granted.
(4) The licensing authority may disclose the address of a licence holder to any person only if it appears to the authority that the person has a sufficient reason for requiring that information.".

Part 4

Surface Transport

26Penalty fare levels
(1)Paragraph 5 of Schedule 17 to the 1999 Act (penalty fare levels) shall be amended as follows.
(2)For sub-paragraph (1) substitute—
"(1)Subject to sub-paragraph (2) below, a penalty fare shall be—
(a)in respect of any journey on a local service—
(i)£50 except where sub-paragraph (ii) below applies, or
(ii)£25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed; and
(b)in respect of any train journey—
(i)£50 except where sub-paragraph (ii) below applies, or
(ii)£25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed,
and shall in all cases be payable to the person providing the service on which the requirement to pay the relevant fare is made.".
(3)In sub-paragraph (2) (power of Mayor to alter amounts of penalty fares) for "either or both of the cases" substitute "any case".
(4)The amendments made by subsections (2) and (3) to paragraph 5 of Schedule 17 to the 1999 Act shall apply to paragraph 5 as it has effect with respect to any local service or train service by virtue of an order under paragraph 2(4) of Schedule 17 made before this section comes into force.
(5)This section shall not apply to any case where a person becomes liable to pay a penalty fare before this section comes into force.
 

 
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Prepared 6 August 2008