12.—(1) A person who is the keeper of a vehicle is not liable to pay a fixed penalty for a littering offence committed in respect of the vehicle if—
(a)the vehicle is of a kind listed in paragraph (2), and
(b)the person who committed the offence was, at the time of the offence, a passenger in the vehicle.
(2) The kinds of vehicle are—
(a)a public service vehicle, within the meaning of section 1 of the Public Passenger Vehicles Act 1981(1);
(b)a hackney carriage licensed under section 37 of the Town Police Clauses Act 1847(2) or section 6 of the Metropolitan Public Carriage Act 1869(3);
(c)a vehicle in respect of which a private hire vehicle licence is in force within the meaning given by section 6(6) of the Private Hire Vehicles (London) Act 1998(4);
(d)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976(5) (licensing of private hire vehicles);
(e)a vehicle licensed under section 5 of the Plymouth City Council Act 1975(6) (licensing of private hire vehicles).
1981 c.14. Section 1 was amended by Schedule 8 to the Transport Act 1985 (c.67).
10 and 11 Vict c.89.
1869 c.115. Section 6 was substituted by paragraph 5(3) of Schedule 20 to the Greater London Authority Act 1999 (c.29) and amended by S.I. 2014/560.
32 and 33 Vict c.115.
1976 c.57. Section 48 was amended by paragraph 16 of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c.54).