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Pedicabs (London) Bill [HL]

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Transport, have been ordered to be published as HL Bill 2—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Vere of Norbiton has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Pedicabs (London) Bill [HL] are compatible with the Convention rights.

Pedicabs (London) Bill [HL]
[As Introduced]
CONTENTS
1 Power to regulate pedicabs
2 Licences, fares and other matters
3 Enforcement
4 Appeals
5 Exclusion from private hire vehicles legislation
6 Procedure for pedicab regulations
7 Interpretation
8 Commencement
9 Extent
10 Short title
[As Introduced]

A

bill

to

Make provision for regulating pedicabs in public places in Greater London; and for connected purposes.

B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Power to regulate pedicabs

(1)

Transport for London may make regulations for the purpose of regulating
pedicabs in public places in Greater London.

(2)

In this Act—

“
pedicab” means a pedal cycle, or a pedal cycle in combination with a
trailer, that is constructed or adapted for carrying one or more
passengers and is made available with a driver for hire or reward;

“
pedicab regulations” means regulations under subsection (1) .

(3)

Before making pedicab regulations, Transport for London must consult
whoever it considers appropriate.

2 Licences, fares and other matters

(1)

Pedicab regulations may make provision for the licensing by Transport for
London of pedicabs, their drivers or their operators, including provision
about—

(a)

conditions of licences;

(b)

the duration, renewal, variation, suspension or revocation of licences;

(c)

the display or production of licences.

(2)

Pedicab regulations that make provision about the licensing of drivers or
operators of pedicabs must include provision corresponding to the provision
made by the Private Hire Vehicles (London) Act 1998 in relation to
immigration status.

(3)

Pedicab regulations may provide for a fee to be payable—

(a)

by an applicant for a licence or an applicant for variation or renewal
of a licence;

(b)

by a person who is granted a licence or whose licence is varied or
renewed.

(4)

The fees may be set at a level that enables the recovery of any costs incurred
by Transport for London by virtue of the regulations.

(5)

Pedicab regulations may make provision about fares for pedicabs, including
provision about—

(a)

what fares may be charged;

(b)

when and how passengers are to be made aware of fares;

(c)

methods of payment.

(6)

Pedicab regulations may make provision about—

(a)

eligibility requirements for drivers or operators of pedicabs;

(b)

the quality, roadworthiness or cleanliness of pedicabs;

(c)

safety requirements or insurance requirements;

(d)

equipment that may or must be carried on pedicabs;

(e)

the appearance or marking of pedicabs;

(f)

the testing of pedicabs;

(g)

speed restrictions;

(h)

the working conditions of drivers;

(i)

the conduct of drivers.

(7)

Pedicab regulations may—

(a)

prohibit drivers from using pedicabs for standing or plying for hire—

(i)

in specified places,

(ii)

at specified times, or

(iii)

in other specified circumstances;

(b)

make provision to prevent pedicabs from operating in specified places,
at specified times or in other specified circumstances;

(c)

make provision to restrict the number of pedicabs operating in
specified places or at specified times.

(8)

Pedicab regulations may make provision for Transport for London to make
publicly available information about licences or the pedicabs, operators or
drivers to which they relate.

(9)

Pedicab regulations may impose requirements on drivers or operators of
pedicabs.

(10)

Pedicab regulations may—

(a)

confer a discretion on Transport for London;

(b)

confer power on Transport for London to authorise others to carry
out functions under the regulations on their behalf.

3 Enforcement

(1)

Pedicab regulations may create offences relating to—

(a)

the provision of false or misleading information in connection with
applications for licences, or the renewal or variation of licences, or
decisions about licences;

(b)

failure to comply with requirements, prohibitions or restrictions
imposed by the regulations.

(2)

The regulations—

(a)

must provide for any offences to be triable summarily only, and

(b)

may only provide for offences to be punishable with a fine not
exceeding a level on the standard scale specified in the regulations,
which may not exceed level 4 (but this limitation does not apply to
provision made for the purpose of complying with section 2 (2) ).

(3)

The regulations may make provision for or in connection with the giving of
fixed penalty notices in respect of offences under subsection (1) .

(4)

In subsection (3) “fixed penalty notice” means a notice giving a person accused
of an offence an opportunity to discharge any liability to conviction for that
offence by payment of a fixed penalty.

(5)

The regulations may—

(a)

make provision authorising Transport for London to impose civil
penalties in respect of conduct described in subsection (1) (as well as,
or instead of, provision for the conduct to be an offence);

(b)

make provision for the enforcement of such penalties.

(6)

Pedicab regulations may authorise the immobilisation, seizure, retention and
disposal of pedicabs that contravene, or are used in contravention of, the
regulations.

(7)

Pedicab regulations may confer functions on a constable in connection with
the enforcement of the regulations.

4 Appeals

(1)

Pedicab regulations must provide for a person to whom any relevant decision
relates to have the right—

(a)

to request that the decision is reconsidered, and

(b)

to appeal to a magistrates’ court.

(2)

Pedicab regulations may confer further rights to request that decisions are
reconsidered, or to appeal.

(3)

A “relevant decision” means—

(a)

a decision to refuse to grant, renew or vary a licence;

(b)

a decision to vary, suspend or revoke a licence;

(c)

a decision to impose a licence condition when granting or renewing
a licence;

(d)

a decision to impose a civil penalty;

(e)

a decision to take action under provision made by virtue of section
3 (6) .

(4)

The regulations may make further provision about reconsideration or appeals,
including—

(a)

procedural provision (including time limits);

(b)

provision for a licence to remain in force until—

(i)

the period allowed for making a request for the reconsideration
of a decision has expired and, if a request is made, the decision
has been reconsidered, and

(ii)

the period allowed for appealing has expired and, if an appeal
is made, the appeal has been finally disposed of;

(c)

provision prohibiting Transport for London or another person from
taking specified action during any such period.

5 Exclusion from private hire vehicles legislation


In section 36 of the Private Hire Vehicles (London) Act 1998 (interpretation)—

(a)

in the definition of “vehicle”, for “(other than a tramcar)” substitute
“, other than a power-assisted pedicab or a tramcar,”;

(b)

at the appropriate place insert—

““
power-assisted pedicab” means a power-assisted pedal cycle, or a power-assisted pedal cycle in combination with a trailer, that is constructed or adapted for carrying one or more passengers;”.

6 Procedure for pedicab regulations

(1)

The power to make pedicab regulations is exercisable by statutory instrument.

(2)

A statutory instrument containing pedicab regulations is subject to annulment
in pursuance of a resolution of either House of Parliament.

(3)

The Statutory Instruments Act 1946 applies to an instrument containing
regulations under this Act as if they had been made by a Minister of the
Crown.

(4)

Pedicab regulations—

(a)

may make different provision for different purposes;

(b)

may contain incidental, supplemental, consequential, transitional or
saving provision.

7 Interpretation

(1)

In this Act—

“
civil penalty” means a civil penalty under pedicab regulations;

“
licence” means a licence under pedicab regulations;

“
pedal cycle” includes a power-assisted pedal cycle;

“
pedicab” has the meaning given by section 1 (2) ;

“
pedicab regulations” has the meaning given by section 1 (2) ;

“
public place” means a place to which the public have access (whether
or not on payment);

“
specified” means specified in, or determined in accordance with, pedicab
regulations.

(2)

In section 2(2) “provision made by the Private Hire Vehicles (London) Act
1998 in relation to immigration status” means the following provisions of that
Act—


section 3(3)(aa) and (3A),


section 3A(1) to (7),


section 13(2)(aa) and (2A),


section 13A(1) to (7),


section 16(2)(aa), (2A), (4)(aa) and (5),


section 25(8),


section 35A, and


section 35B.

8 Commencement


This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

9 Extent


This Act extends to England and Wales.

10 Short title


This Act may be cited as the Pedicabs (London) Act 2024.

Pedicabs (London) Bill [HL]
[As Introduced]

A

bill

to

Make provision for regulating pedicabs in public places in Greater London; and for connected purposes.

Baroness Vere of Norbiton

Ordered to be Printed, .

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