Part II E+W Hackney carriages and private hire vehicles

Modifications etc. (not altering text)

C1 Pt. II(ss. 45–80) modified by Transport Act 1978 (c. 55, SIF 126), s. 7(3)

C2 Pt. II(ss. 45–80) amended by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 79

C3 Pt. II(ss. 45–80) applied with modifications by S.I. 1986/567, regs. 3, 4

C4 Pt. II (ss. 45-80) extended (1.4.2000) by 1999 c. 29, s. 255(1)(4); S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1

Pt. II (ss. 45-80) excluded (1.7.2001) by 1981 c. 14, s. 79A(1)(a) (as inserted (1.7.2001) by 2000 c. 38, s. 265(2); S.I. 2001/1498, art. 3)

46 Vehicle, drivers’ and operators’ licences. E+W

(1) Except as authorised by this Part of this Act—

(a) no person being the proprietor of any vehicle, not being a hackney carriage [F1 or London cab] in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;

(b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;

(c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;

(d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act;

(e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle—

(i) if for the vehicle a current licence under the said section 48 is not in force; or

(ii) if the driver does not have a current licence under the said section 51.

(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.

Textual Amendments

F1 Words inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 17(1)

Modifications etc. (not altering text)

C5 S. 46 modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. 1, 4 Table (with reg. 3)