Clause 1 - Power to regulate pedicabs

Part of Pedicabs (London) Bill [Lords] – in the House of Commons at 2:51 pm on 26 March 2024.

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Photo of Roger Gale Roger Gale Deputy Speaker and Chairman of Ways and Means, Deputy Speaker 2:51, 26 March 2024

With this it will be convenient to discuss the following:

Amendment 1, page 1, line 9, after “must” insert

“carry out a public consultation including details of the proposed licensing framework and”.

This amendment would require Transport for London to carry out a public consultation before making pedicab regulations and would require that consultation to include details of the proposed licensing framework.

Amendment 2, page 1, line 10, leave out “whoever” and insert

“the London Pedicab Operators Association, Cycling UK and whoever else”.

This amendment would ensure that the London Pedicab Operators Association and Cycling UK would be consulted by Transport for London before TfL makes pedicab regulations.

Amendment 21, page 1, line 10, leave out “whoever” and insert

“local authorities, elected representatives, and whoever else”.

This amendment would require Transport for London to consult with local authorities and elected representatives as well as anyone else it considers appropriate before making pedicab regulations.

Amendment 4, page 1, line 10, at end insert—

“(4) Transport for London shall not make provision for regulating pedicabs in public places in Greater London until the Secretary of State has issued guidance under the provisions of section 7.”

This amendment would ensure that no regulation could be introduced by Transport for London until the Secretary of State for Transport had issued guidance to Transport for London about the exercise of their functions under pedicab regulations.

Clause stand part.

Amendment 8, in clause 2, page 2, line 4, at end insert

“or at a level that enables investment in pedicab infrastructure in Greater London”.

This amendment would allow pedicab licence fees to be set at a level that enables investment in pedicab infrastructure in Greater London.

Amendment 6, page 2, line 29, at end insert —

“(d) designate sites to be used as pedicab ranks.”

This amendment would allow Transport for London to use pedicab regulations to designate sites as pedicab ranks.

Amendment 12, page 2, line 29, at end insert—

“(d) make provision for the designation by traffic authorities of places where pedicabs may stand for hire.”

This amendment allows for the regulations to make provision for the designation by traffic authorities of pedicab stands.

Clause 2 stand part.

Amendment 17, in clause 3, page 3, line 11, at end insert—

“(2A) The regulations may only create offences relating to the use of a pedicab for any of the following purposes—

(a) carrying passengers for hire or reward;

(b) travelling to carry a passenger or passengers for hire or reward;

(c) returning from carrying a passenger or passengers for hire or reward; or

(d) plying for hire.”

This amendment ensures that offences created by pedicab regulations only apply when the pedicab is being used to carry passengers, when travelling to or from carrying passengers, or when plying for hire.

Amendment 14, page 3, line 20, at end insert

“, provided that equivalent conduct committed by the driver or rider of a motor vehicle is subject to a civil penalty.”

This amendment provides that civil penalties relating to pedicab drivers may only be used if equivalent conduct committed by a driver or rider of a motor vehicle would be subject to a civil penalty.

Amendment 15, page 3, line 22, leave out from “immobilisation” to end of line 24 and insert

“and seizure by a constable in uniform or by a civil enforcement officer of any pedicab that—

(a) is being used in a manner that is causing alarm or distress to members of the public, or

(b) is being driven in a manner that—

(i) contravenes section 35 of the Offences Against the Person Act 1861,

(ii) contravenes sections 29 to 32 of the Road Traffic Act 1988, or

(iii) in the case of a mechanically propelled pedicab, would amount to a contravention of sections 29 to 32 of the Road Traffic Act 1988 if committed on a pedal cycle without mechanical propulsion, if the driver has been given warning on a prior occasion by a constable in uniform or a civil enforcement officer that the driver is using or driving the pedicab in a manner described in this paragraph or paragraph (a).”

This amendment ensures that the powers to immobilise and seize pedicabs are assigned to police constables in uniform or to traffic officers duly authorised by local authorities, and that they are proportionate to the powers to immobilise and seize motor vehicles in section 59 of the Police Reform Act 2002.

Clause 3 stand part.

Clause 4 stand part.

Amendment 18, in clause 5, page 4, line 17, leave out from “means” to the end of line 21 and insert

“a pedicab, as defined in section 1(2), which conforms to the Electrically Assisted Pedal Cycles Regulations 1983;”.

This amendment defines “power-assisted pedicab” as a pedicab which conforms to the Electrically Assisted Pedal Cycles Regulations 1983.

Clause 5 stand part.

Clause 6 stand part.

Amendment 3, in clause 7, page 4, line 32, leave out “may” and insert “must”.

This amendment would require the Secretary of State to issue guidance to Transport for London about the exercise of their functions under pedicab regulations.

Amendment 19, page 4, line 32, leave out “may” and insert

“must, within six months of the passage of this Act,”.

This amendment requires the Secretary of State to issue guidance to Transport for London about the exercise of their functions under pedicab regulations within six months of the passage of this Act.

Amendment 10, page 4, line 32, leave out “the exercise of” and insert

“making pedicab regulations and exercising”.

This amendment clarifies that the Secretary of State’s guidance to TfL encompasses the making of pedicab regulations, as well as the exercise of its functions under those regulations.

Amendment 11, page 4, line 37, at end insert—

“(3A) In preparing guidance to be issued under this section, the Secretary of State must have regard to the following objectives—

(a) the benefits to the environment, economic vitality and the health and quality of life that properly regulated pedicab services can provide;

(b) the safety of pedicab drivers and passengers;

(c) the need to minimise danger, disruption and disturbance to the public;

(d) the reasonableness of pedicab fares for the passengers, riders and operators of pedicabs;

(e) the designation of places where pedicabs may stand for hire;

(f) the need for licensing and other charges or requirements imposed on pedicab riders and operators, and the penalties for contraventions of offences created by pedicab regulations, to be reasonable and proportionate to the risks that pedicabs pose to their riders, passengers and the wider public.”

This amendment defines the objectives that the Secretary of State must have regard to when drawing up guidance on pedicab regulations, including to take into account the benefits that properly regulated pedicabs can provide.

Amendment 5, page 5, line 6, leave out “whoever” and insert

“the London Pedicab Operators Association, Cycling UK and whoever else”.

This amendment would require the Secretary of State to consult the London Pedicab Operators Association and Cycling UK as well as anyone the Secretary of State considers appropriate before issuing guidance.

Amendment 7, page 5, line 6, leave out “whoever” and insert

“with local authorities, elected representatives, and whoever else”.

This amendment would require the Secretary of State to consult with local authorities and elected representatives as well as anyone the Secretary of State considers appropriate before issuing guidance.

Clause 7 stand part.

Amendment 16, in clause 8, page 5, line 8, at end insert—

“‘civil enforcement officer’ has the meaning given by section 76 of the Traffic Management Act 2004;”.

This amendment is linked to Amendment 15.

Amendment 13, page 5, line 17, at end insert—

“‘traffic authority’ has the same meaning as in section 121A(1A) and (2) of the Road Traffic Regulation Act 1984.”

This amendment is linked to Amendment 12.

Clause 8 stand part.

Clause 9 stand part.

Clause 10 stand part.

Government amendment 20.

Clause 11 stand part.

New clause 1—Protection of children and vulnerable adults—

“(1) The Policing and Crime Act 2017 is amended as follows.

(2) In section 177, in subsection (6), at end insert—

(g) the Pedicabs (London) Act 2024”

This new clause includes this Bill in the definition of “taxi and private hire vehicle legislation” for the purposes of section 177 of the Policing and Crime Act 2017. This permits the Secretary of State to issue guidance to public authorities exercising licensing functions so as to protect children and vulnerable adults.

New clause 2—Licensing functions under pedicab regulations: protection of children and vulnerable adults—

“(1) The Secretary of State must issue guidance to Transport for London under the provisions of section 177 of the Policing and Crime Act 2017 as to how its licensing functions under pedicab regulations may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.

(2) The guidance must include a requirement for enhanced Disclosure and Barring Service checks to be a condition of licensing.

(3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.”

This new clause is linked to NC1. It would require the Secretary of State to issue guidance to TfL as to how its licensing functions under pedicab regulations may be exercised so as to protect children and vulnerable adults from harm, including compulsory DBS checks.

New clause 3—Conditions of licensing: Disclosure and Barring Service check—

“(1) Any provision related to conditions of licences under section (1)(a) may include a requirement for pedicab drivers or operators to have enhanced Disclosure and Barring Service checks.

(2) The Secretary of State may by regulations make provision that is consequential on this section.

(3) Regulations under this section must be made by statutory instrument and may not be made until they are approved by both Houses of Parliament.

(4) Regulations under this section may amend, repeal or revoke provision made by or under any legislation passed before this Act.”

This new clause enables TfL to include DBS checks as a condition of licensing for pedicab drivers or operators in any licensing provision made by Transport for London. It also permits the Secretary of State to make regulations to make any consequential provision.