Local Government (Miscellaneous Provisions) Act 1976

75 Saving for certain vehicles etc. E+W

(1) Nothing in this Part of this Act shall—

(a) apply to a vehicle used for bringing passengers or goods within a controlled district in pursuance of a contract for the hire of the vehicle made outside the district if the vehicle is not made available for hire within the district;

(b) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) apply to a vehicle while it is being used in connection with a funeral or a vehicle used wholly or mainly, by a person carrying on the business of a funeral director, for the purpose of funerals;

[F2 (cc) apply to a vehicle while it is being used in connection with a wedding;]

(d) require the display of any plate, disc or notice in or on any private hire vehicle licensed by a council under this Part of this Act during such period that such vehicle is used for carrying passengers for hire or reward—

F3 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) under a contract for the hire of the vehicle for a period of not less than 24 hours.

(2) Paragraphs (a), (b) and (c) of section 46(1) of this Act shall not apply to the use or driving of a vehicle or to the employment of a driver of a vehicle while the vehicle is used as a private hire vehicle in a controlled district if a licence issued under section 48 of this Act by the council whose area consists of or includes another controlled district is then in force for the vehicle and a driver’s licence issued by such a council is then in force for the driver of the vehicle.

[F4 (2A) Where a vehicle is being used as a taxi or private hire car, paragraphs (a), (b) and (c) of section 46(1) of this Act shall not apply to the use or driving of the vehicle or the employment of a person to drive it if—

(a) a licence issued under section 10 of the Civic Government (Scotland) Act 1982 for its use as a taxi or, as the case may be, private hire car is then in force, and

(b) the driver holds a licence issued under section 13 of that Act for the driving of taxis or, as the case may be, private hire cars.

In this subsection, “private hire car” and “taxi” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.]

[F5 (2B) Paragraphs (a), (b) and (c) of section 46(1) of this Act shall not apply to the use or driving of a vehicle, or to the employment of a driver of a vehicle, if—

(a) a London PHV licence issued under section 7 of the Private Hire Vehicles (London) Act 1998 is in force in relation to that vehicle; and

(b) the driver of the vehicle holds a London PHV driver’s licence issued under section 13 of that Act.]

(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

Textual Amendments

F1 S. 75(1)(b) omitted (28.1.2008) by virtue of Road Safety Act 2006 (c. 49), ss. 53, 61; S.I. 2007/3492, art. 2 and repealed (prosp.) by Road Safety Act 2006 (c. 49), s. 59, Sch. 7(17)

F2 S. 75(1)(cc) inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 17(2)

F3 S. 75(1)(d)(i) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 17(2)

F4 S. 75(2A) inserted after subsection (2) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), ss. 16, 22, 23

F5 S. 75(2B) inserted (8.6.2004) by 1998 c. 34, ss. 39(1), 40(2), Sch. 1 para. 1 (with s. 29); S.I. 2004/241, art. 2(2)

Modifications etc. (not altering text)

C1 Ss. 72-80 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)