added 2nd January 2008
LEGISLATION NEWS- As it happens

CURRENT LICENSING

PSV “O” LICENSES FOR SMALLER VEHICLES

If you operate a smaller vehicle (8 passenger seats or less) under a PSV operators licence, you will have to comply with section 265 of the Transport 2000 act. IE  Journeys of over 15 miles (in a straight line) from pick up point to first stopping or dropping off point, and charge separate fares.

However, if your journey starts and finishes at the same point, even with a break in the middle, then the journey would be as defined under “tours and excursions” and as such would be exempt from the 15 mile minimum ruling (Example: Journey from the customers home to a restaurant, or any specific venue, and then a return journey later to the original address) Separate fares would still apply.

NUMBER PLATES
Under the “Road vehicles (display of registration marks) 2001”  covering the Motor car Act 1903, the sizes of  number plates, the letters, numbers and spacings, and position of the plates on the vehicle are clearly laid out.

However, there is a dispensation granted on the 31st July 2001 by the then Minister for Transport, Mr John Spellar, for certain imported cars including those from the USA with smaller spaces available for the number plates to be mounted, to display 300mm (12”) by 150mm (6”) sized number plates on both the front and rear of the vehicle. Letters and numbers may be 64mm high in lieu of 79mm high (or 89mm pre 2001) Spacings are defined in the act under motor cycle sized plates.
If you read the act as published on the internet you will not readily find this dispensation (7-2979) as the act appears to be published in its original form, sans any amendments or dispensations.

1st January 2008.
TACHOGRAPHS

Vehicles with over eight (8) passenger seats, or over 3.5 tonnes maximum gross vehicle weight, will require a tachograph to be fitted, although not all types of use will demand the use of the tachograph.

VOSA have issued a new guidance book for the use of tachographs and drivers hours (ref 277533) This replaces the old pink book (PSV 375) and is available, free of charge, by calling 0870 6060 440.

1st January 2008.
SPEED LIMITERS

Vehicles with over eight (8) passenger seats, or over 3.5 tonnes maximum gross vehicle weight, will require a speed limiter fitting unless they have an engine that does not meet Euro 3 or higher specification for emissions (Directive 88/77/EC). If so then to comply with the requirements of IM33 of the PSV inspection manual they need to have a declaration completed (VOSA 73 V2 Revision April 2007. SL 2007 PSV). This can be downloaded from the VOSA web site. It is advisable to keep a copy of this form with your vehicle as some of the police and VOSA representatives may not be aware of the requirements.

28th January 2008
WRITTEN CONTRACT

Section 75 (1) (b) of the Local government miscellaneous provisions act 1976 ceases to exist. This means that you can no longer operate under written contract after this date. You must either be registered as a Private hire vehicle (PHV) or have a Public service vehicle operators licence (PSV) to work for hire and reward.

Exemptions for weddings and funerals still continue.

By note, Section 74 of the Local government miscellaneous provisions act 1976 does state that if you have applied to become licensed as a private hire operator you should be allowed to continue to trade whilst your application is being processed. (Please, register & clarify this with your local authority, and don’t just rely on it. It also may not exempt you from the drivers licensing requirements prior to being granted a licence. Please check and always confirm in writing) This may just assist any operator who has not achieved licensing by the 28th January 2008.

4th February 2008
“THE LOW EMMISSION ZONE, CLEANER AIR FOR LONDON”

If you operate a diesel engine limousine, minibus or even a fire engine limousine, or even a large hearse, then you need to be aware of the requirements of the act otherwise you “may” incur the £200.00 daily charge.

Generally the LEZ will apply to passenger vehicles over eight (8) passenger seats and under 5 tonnes in October 2010, and problems will generally be confined to vehicles registered before 2002. Larger and heavier PSV vehicles will be affected in January 2012.

By note, smaller and petrol engined vehicles and limousines are as yet not included in the act.

For more information call 0845 607 0009 or visit tfl.gov.uk/lezlondon

DISCLAIMER
These notes on licensing are intended for guidance only. Any individual case or situation should be specifically addressed, and confirmation of interpretations received from the relevant authority or case law.

Bill Bowling
Legislation Officer
NLCA

Updated 2nd January 2008

***STOP PRESS - 30th July 2007***

Following today's meeting between the NLCA, VOSA, the Police & the DfT we can report that significant progress has been made in achieving an accord on possible legislation governing the safe and legal operation of vehicles up to and including 8 passenger seats, and from 9 to 16 passenger seats.

Whilst details may not be discussed until proposals have been placed in front of the minister. We feel that we will soon be able to offer definitive and specific advice on both the current interpretation of the rules, and also major changes which will occur early in the new year affecting both up to 8 passenger, and 9 to 16 passenger limousines.