SCHEDULES

Sections 1 and 2.

SCHEDULE 1 E+W+S Public Service Vehicles: Conditions Affecting Status or Classification

Part I E+W+S Sharing of Taxis and Hire-Cars

1 E+W+S The making of the agreement for the payment of separate fares must not have been initiated by the driver or by the owner of the vehicle, by any person who has made the vehicle available under any arrangement, or by any person who receives any remuneration in respect of the arrangements for the journey.

2 (1) The journey must be made without previous advertisement to the public of facilities for its being made by passengers to be carried at separate fares, except where the local authorities concerned have approved the arrangements under which the journey is made as designed to meet the social and welfare needs of one or more communities, and their approvals remain in force. E+W+S

(2) In relation to a journey the local authorities concerned for the purposes of this paragraph are those in whose area any part of the journey is to be made; and in this sub-paragraph “local authority” means—

(a) in relation to England and Wales, [F1 the council of a county, metropolitan district or London borough and the Common Council of the City of London];

(b) in relation to Scotland, a [F2 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 3(7)

F2 Words in Sch. 7 para. 2(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 121(5) (with s. 128(8)); S.I. 1996/323, art. 2

3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 1 para. 3 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

Part II E+W+S

4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 1 para. 4 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 21(12), Sch. 8

Part III E+W+S Alternative Conditions Affecting Status or Classification

5 E+W+S Arrangements for the bringing together of all the passengers for the purpose of making the journey must have been made otherwise than by, or by a person acting on behalf of—

(a) the holder of the PSV operator’s licence under which the vehicle is to be used, if such a licence is in force.

(b) the driver or the owner of the vehicle or any person who has made the vehicle available under any arrangement, if no such licence is in force,

and otherwise than by any person who receives any remuneration in respect of the arrangements.

6 E+W+S The journey must be made without previous advertisement to the public of the arrangements therefor.

7 E+W+S All passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey.

8 E+W+S No differentiation of fares for the journey on the basis of distance or of time must be made.

Part IV E+W+S Supplementary

9 E+W+S For the purposes of paragraphs 2 and 6 above no account shall be taken of any such advertisement as follows, that is to say—

(a) a notice displayed or announcement made—

(i) at or in any place of worship for the information of persons attending that place of worship;

(ii) at or in any place of work for the information of persons who work there; or

(iii) by any club or other voluntary association at or in any premises occupied or used by the club or association;

(b) a notice contained in any periodical published for the information of, and circulating wholly or mainly among—

(i) persons who attend or might reasonably be expected to attend a particular place of worship or a place of worship in a particular place; or

(ii) persons who work at a particular place of work or at any of two or more particular places of work; or

(iii) the members of a club or other voluntary association.