UK Offence Report

London pedicab driver’s licence: general

regulation 5(7) of The Pedicab Drivers (London) Regulations 2026

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

7 A person who without reasonable excuse fails to comply with paragraph (6) is guilty of an offence and liable on summary conviction to

a fine not exceeding level

4 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

7 A person who without reasonable excuse fails to comply with paragraph (6) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

What would breach regulation 5(7)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person without reasonable excuse fails to comply with paragraph (6).
  2. Not doing what the provision requires under the Pedicab Drivers (London) Regulations 2026, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
18 February 2026
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, made by TfL under the powers conferred on it by the Pedicabs (London) Act 2024 (c. 7), regulate drivers of pedicabs in Greater London. Regulation 3 provides that a driver of a pedicab in Greater London must hold a London pedicab driver’s licence. Drivers and operators of a pedicab used without a licence are guilty of an offence punishable by a fine not exceeding level 4 on the standard scale. A pedicab is defined in regulation 2 and is given the same meaning as in the Pedicabs (London) Act 2024 which is a ‘pedal cycle, or 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’. Regulation 4 enables any person to apply to TfL for a London pedicab driver’s licence, which is granted for one year or such shorter period as TfL considers appropriate. Applications must be made in the form TfL requires and must be accompanied by the appropriate fee (as set out in the Pedicabs (London) (Fares and Fees) Regulations 2006). TfL may also require further information. Regulation 5 requires the holder of a London pedicab driver’s licence, when driving a pedicab or plying for hire, to have in their possession the licence issued to that person by TfL and to produce it for inspection when requested to do so by a police constable or authorised officer (defined in regulation 2 as person authorised in writing by TfL). A London pedicab driver’s licence issued to a person remains the property of TfL and the person to whom it has been issued must return the licence to TfL within 7 days of its expiry or revocation. Regulation 5 provides that where a London pedicab driver’s licence is suspended under regulation 15, a police constable or authorised officer may direct the holder of the licence to return the licence to TfL within 7 days. Such a direction may also direct the licence holder to return the form of identification issued under regulation 6. A person who without reasonable excuse fails to comply with any such requirement or direction is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. Regulation 5 requires a person to whom a London pedicab driver’s licence is issued to maintain a policy of insurance against public liability risks which provides a minimum indemnity of £5,000,000. A person who without reasonable excuse fails to comply with this requirement is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. A London pedicab driver’s licence holder must, when driving a pedicab or plying for hire, have in their possession a valid certificate of the insurance held and must produce it for inspection if requested to do so by a police constable or authorised officer. A person who without reasonable excuse fails to comply with this requirement is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. The holder of a pedicab driver’s licence must notify TfL within 48 hours if the licence holder has, since the grant of the licence, been arrested and released, charged, cautioned or convicted in connection with a criminal offence. The driver must also notify TfL within 48 hours of any change in the information which the licence holder supplied to TfL with the application for the licence and of any change in the licence holders health which affects the person’s ability to meet the physical fitness requirement under regulation 11. The holder of a London pedicab driver’s licence must, when driving a pedicab or plying for hire, make available to passengers in such manner as TfL may specify a copy of the passenger information card which is defined in regulation 2 and includes details of the fares which a driver may charge. The holder of a London pedicab driver’s licence must, when driving a pedicab or plying for hire, comply with the requirements of regulations 3 and 4 of the Pedicabs (London) (Fares and Fees) Regulations 2006 which prescribe the fare that a driver may charge. Regulation 6 provides that TfL may issue a means of identification to a person to whom it has granted a London pedicab driver’s licence which may be in such form and contain such particulars as TfL thinks fit. A person issued with such identification must, when driving a pedicab, or plying for hire, wear the form of identification so as to be plainly visible and as specified in the Handbook (defined in regulation 2 as the London pedicab driver’s handbook which is published on TfL’s website). The form of identification issued to a person under regulation 6 remains the property of TfL and the person to whom it is issued must return it if requested to do so by TfL within the period of 7 days. A person who without reasonable excuse fails to comply with this regulation is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. TfL is authorised to charge the appropriate fee in respect of the replacement of the means of identification (as set out in the Pedicabs (London) (Fares and Fees) Regulations 2006). Regulation 7 empowers TfL to grant licences subject to conditions that TfL may impose or to refuse the application. Failure to comply with licence conditions without reasonable excuse is an offence, punishable by a fine not exceeding level 4 on the standard scale. Regulation 8 applies to any advertisement indicating that a pedicab can be hired and prohibits the use of certain words namely “taxi”, “taxis”, “cab”, or “cabs” or any word closely resembling any of those words. An advertisement which includes the word “pedicab”, pedi-cab” or pedi cab” does not contravene this. A person who issues an advertisement which contravenes this regulation is guilty of an offences and liable on summary conviction to a fine not exceeding level 4 on the standard scale, however a defence is provided for a person if they are a person whose business it is to publish or arrange publication of advertisements, they received the advertisement for publication in the ordinary course of business and the person did not know and had no reason to suspect that its publication would amount to an offence under this regulation. Regulation 9 provides that TfL may grant a licence if satisfied that the applicant is over 18, holds a DVSA theory test or is authorised to drive a car or motor cycle, is a fit and proper person and is not disqualified by reason of immigration status. A person is disqualified if they are subject to immigration control and they have not been granted leave to enter or remain in the UK, or their leave is invalid or has ceased to have effect. Regulation 10 provides that where an applicant has limited leave to remain in the UK and the licence would otherwise extend beyond the leave period, it must be granted for a period ending at or before the end of the leave period. Where leave has been extended under section 3C of the Immigration Act 1971, the licence must not exceed six months. A licence ceases to be in force if the holder becomes disqualified by reason of their immigration status and the licence must be returned to TfL within seven days. Where a person contravenes this regulation they are guilty of an offence punishable by a fine not exceeding level 4 on the standard scale and, where there is a continuing offence, to a fine not exceeding £10 for each day during which the offence continues. Regulation 11 requires that a London pedicab driver’s licence must not be granted to a person unless TfL is satisfied that the applicant meets the physical fitness requirement. The physical fitness requirement is that the applicant is the holder of a Group 2 licence or satisfies TfL that the applicant is medically fit to hold a London pedicab driver’s licence. In assessing whether an applicant is medically fit to hold a London pedicab driver’s licence, TfL is to have regard to the medical standards that apply in relation to a Group 2 licence. TfL may at any time require a person to produce a certificate signed by a registered medical practitioner to the effect that the applicant is physically fit to be the driver of a pedicab and whether or not such a certificate has been produced, to submit to examination by a registered medical practitioner as to the person’s physical fitness to be the driver of a pedicab. Regulation 12 requires that a London pedicab driver’s licence is not to be granted to a person who has not passed the safety, equality and regulatory understanding requirement which is a requirement that includes the applicant having an understanding of their obligations under the Regulations and any other enactment that are relevant to persons granted a London pedicab driver’s licence as well as policies and guidance issued by TfL or other persons that are relevant. An applicant for a London pedicab driver’s licence must satisfy TfL of their ability to meet the requirements under regulation 12 by satisfactorily completing a test. Regulation 13 requires that an applicant for a London pedicab driver’s licence must satisfy TfL that the applicant meets the English language requirement (which is a requirement that the applicant must be able to communicate in English at or above level B1 on the Common European Framework of Reference for Languages) by satisfactorily completing a test. The inclusion of speaking and listening in the ability to communicate in English for the purposes of the English language requirement does not apply if TfL is satisfied that an applicant for a London pedicab driver’s licence has a disability within the meaning of section 6 of the Equality Act 2010. An applicant for a London pedicab driver’s licence who is the holder of a cab-driver’s licence or a London PHV Driver’s licence and has previously satisfied TfL of their ability to meet the English language requirement is not required to comply with the requirements. Regulation 14 requires applicants to undertake an enhanced DBS check and provide the certificate to TfL with their application. A driver is required to maintain a continuous subscription to the DBS Update Service but should they be unable to do so, the person must produce a further enhanced DBS check if required. A cab-driver or London PHV driver who maintains a DBS subscription to the Update Service is exempt. Regulation 15 requires a person who has lived in a country other than the UK for a continuous period of three months or more within the ten years prior to application to provide a Certificate of Good Conduct for each such country. Periods before the age of 18 are disregarded. Persons granted or awaiting asylum or refugee status need not provide certificates for the country from which they seek protection. Regulation 16 empowers TfL to vary, suspend or revoke a licence where there has been a breach of requirements or conditions. Specific grounds include arrest, charge, caution or conviction in connection with a criminal offence; TfL no longer being satisfied that the licence holder is fit and proper; conviction for an immigration offence or the imposition of an immigration penalty (which are defined in regulation 2); supply of false or misleading information in the application; failure to comply with licence conditions or any other reason TfL considers to be relevant. Regulation 17 requires TfL to give notice of suspension or revocation decisions, which take effect seven days except where public safety requires immediate effect. A suspended licence remains suspended until TfL directs otherwise or it is revoked. Regulation 18 makes it an offence for a person to obstruct a police constable or authorised officer acting under powers conferred under the Regulations or to fail to comply with a requirement or give false information. Regulation 19 provides for offences under the Regulations, except for the more serious offences under regulations 3 (driving without a licence), 5(7) driver failing to have insurance), 5(9) (failing to carry the insurance) and 18 (obstructing an officer), to be a fixed penalty offence . Where on any occasion a police constable or authorised officer believes that a person has committed an offence they may serve the person concerned with a notice (“a fixed penalty notice”) on the spot offering the person the opportunity of paying a fixed penalty instead of being prosecuted for the offence. Regulation 20 provides for a fixed penalty notice to be given in respect of a fixed penalty offence under regulation 19. Where a fixed penalty notice is served, the recipient cannot be convicted of an offence if the person pays the fixed penalty within 28 days from the date of the notice. No proceedings can be instituted for the offence until the end of that period. Regulation 19 includes provision relating to the contents, manner of service and form of fixed penalty notice, provides that the fixed penalty must be paid to TfL or a person authorised by TfL and that a certificate signed by TfL’s chief operating officer stating that a fixed penalty was or was not received by a specified date is evidence of the facts stated in the notice. Regulation 21 provides for the setting of the amount of the fixed penalty which TfL may charge. Regulation 22 empowers TfL to maintain a register of licences containing the licence number, holder’s name, grant date and expiry date and other appropriate particulars. TfL may maintain a supplementary register of licence holders’ addresses, which may only be disclosed to persons with sufficient reason. Regulation 23 provides that applicants may request TfL to reconsider decisions to refuse, renew vary, suspend or revoke a licence, or to impose licence conditions. If TfL maintains its decision following reconsideration, the applicant may appeal to a magistrates’ court. The court may not consider questions as to whether a person should have been granted leave to enter or remain in the UK, or whether leave has subsequently been granted. Regulation 23 also makes provision in connection with the continuation of a driver’s licence pending its renewal.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source