[The Driver-Guides Association]

My driver-guide colleagues in Scotland maintain that they don’t need PH licences if they do only one job per day and that is the policy of many of the local authorities. There is at least one authority that requires licencing. But driver-guides in that area are saying that they don’t have the authority and are refusing to comply.

Private Hire legislation is contained in the Civic Government (Scotland) Act 1982 and exceptions are mentioned in section 22. https://www.legislation.gov.uk/ukpga/1982/45/section/22 Subsection F2 (c) says an exemption applies to” any vehicle while it is being used for carrying passengers under a contract for its exclusive hire for a period of not less than 24 hours.”

Nothing about an exemption when only one job per day is booked.

I would like to know if this exemption actually exists and if so where is it written down.

[Steve Wright]

Peter, The Devolved Taxi & PHV Licensing Powers in Scotland did not end the Contract Exemption as happened via Section 53 of the Road Safety Act 2006 which repealed the exemption from PHV licensing for vehicles which were used on contracts lasting not less than seven days in England and Wales. The change came into effect in January 2008 and a similar change was introduced in respect of London in March 2008.
This means that Scotland still has a variation of the contract exemption, which enables Chauffeurs and Executive vehicles to remain unlicensed.
The LPHCA has raised this with The Institute of Licensing and senior government officials in Scotland and we expect that this loophole will be closed.