Changes to private hire vehicle licensing
In January 2008 Government legislation in England changed which
had previously exempted vehicles with fewer than nine passengers
seats from private hire vehicle (PHV) licensing requirements.
When the change was made, it meant that vehicles which seat
fewer than nine passengers which is provided for hire with the
services of a driver for the purpose of carrying passengers, and
are used for more than seven days as part of a contract, fall
within the PHV licensing requirements. This could include
childminders who take children to groups or do the school run by
car. The only exclusions to the vehicles that fall under this
category are hackney carriages, public service vehicles, London
cabs or tramcars.
The Department for Transport guidance states that they "consider
it unlikely that a court would consider that Parliament intended
that the majority of the many thousands of childminders across
England and Wales should have to obtain PHV licenses in order to be
able to transport children in their care".
However, childminders may not be considered an exception if it
is a contractual requirement that a vehicle is provided as part of
looking after a child.
NCMA is working with the Government to clarify the exact
position and also taking legal advice on this issue. As soon as we
have any further information we will update the website. We advise
childminders to contact their local authority Licensing Department
to see how they are interpreting the change in the legislation and
if there is a requirement to obtain a PHV licenses.
If you are required to obtain a license please contact Tim
Farrow in the External Relations team at NCMA by emailing tim.farrow@ncma.org.uk
or calling 020 8290 2429. Tim will be keeping details of which
local authorities are enforcing this and will be communicating our
concerns to Government.