Private Hire Vehicles (London) Act 1998

13 London PHV driver’s licences. E+W

(1) Any person may apply to the [F1 licensing authority] for a private hire vehicle driver’s licence for London (in this Act referred to as a “London PHV driver’s licence”).

(2) The [F1 licensing authority] shall grant a London PHV driver’s licence to an applicant if [F2 the authority] is satisfied that—

(a) the applicant has attained the age of 21, is (and has for at least three years been) authorised to drive a motor car and is a fit and proper person to hold a London PHV driver’s licence;

[F3 (aa) the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; and]

(b) the requirement mentioned in subsection (3), and any further requirements prescribed by the [F1 licensing authority], are met.

[F4 (2A) In determining for the purposes of subsection (2) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, the licensing authority must have regard to any guidance issued by the Secretary of State.]

(3) The [F1 licensing authority] shall require applicants to show to [F2 the authority’s] satisfaction (whether by taking a test or otherwise) that they possess a level—

(a) of knowledge of London or parts of London; and

(b) of general topographical skills,

which appears to [F2 the authority] to be appropriate.

The [F1 licensing authority] may impose different requirements in relation to different applicants.

(4) The [F1 licensing authority] may send a copy of an application to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London with a request for the Commissioner’s observations; and the Commissioner shall respond to the request.

(5) A London PHV driver’s licence—

(a) may be granted subject to such conditions as the [F1 licensing authority] may think fit;

(b) shall be in such form and shall contain such particulars as the [F1 licensing authority] may think fit; and

(c) [F5 subject to section 13A,] shall be granted for three years or for such shorter period as the [F1 licensing authority] may consider appropriate in the circumstances of the particular case.

(6) An applicant may appeal to a magistrates’ court against a decision not to grant a London PHV driver’s licence or against any condition to which such a licence is subject.

(7) For the purposes of subsection (2), a person is authorised to drive a motor car if—

(a) he holds a licence granted under Part III of the M1 Road Traffic Act 1988 (other than a provisional licence) authorising him to drive a motor car; or

(b) he is authorised by virtue of section 99A(1) or 109(1) of that Act (Community licences and Northern Ireland licences) to drive a motor car in Great Britain.

Textual Amendments

F1 Words in s. 13 substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 2 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

F2 Words in s. 13(2)(3) substituted (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 7 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

F3 S. 13(2)(aa) substituted for word (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 38(2) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F4 S. 13(2A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 38(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F5 Words in s. 13(5)(c) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 38(4) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

Modifications etc. (not altering text)

C1 S. 13 modified (1.4.2003) by Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003 (S.I. 2003/655), regs. 1, 7

Commencement Information

I1 S. 13(1) (2)(a) (4)-(7) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(a)

I2 S. 13(2)(b) in force at 1.4.2003 for specified purposes by S.I. 2003/580, arts. 1(2), 2(1)(b)

I3 S. 13(2)(b) in force at 1.4.2006 in so far as not already in force in relation to applications for London PHV drivers' licences received by Transport for London on or after 1.4.2006 by S.I. 2003/580, arts. 1(2), 2(3)

I4 S. 13(3) in force at 1.4.2006 in relation to applications for London PHV drivers' licences received by Transport for London on or after 1.4.2006 by S.I. 2003/580, arts. 1(2), 2(3)

Marginal Citations

M1 1988 c. 52.