UK Offence Report

London pedicab operator’s licence: persons subject to immigration control

regulation 7(7) of The Pedicab Operators (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, contravenes paragraph (6) is guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
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, contravenes paragraph (6) is guilty of an offence.

What would breach regulation 7(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 contravenes paragraph (6).
  2. Doing the thing the provision prohibits under the Pedicab Operators (London) Regulations 2026, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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 Transport for London under the powers conferred on it by the Pedicabs (London) Act 2024 (c. 7), provide for the licencing regulation of operators of pedicabs in Greater London. Regulation 3 provides that any operator of pedicabs in Greater London must hold an operator’s licence. Operating without a licence is an offence punishable by a fine not exceeding level 4 on the standard scale. Regulation 4 enables any person to apply to TfL for an operator’s licence, which is granted for three years 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. TfL may require further information and may share such information with persons or bodies TfL considers necessary or appropriate. An example of the intended use of this power is the sharing of information provided to TfL relating to the storage and charging of pedicab batteries with the London fire brigade. TfL may conduct inspections of proposed operating centres or other premises. Licences are not transferable. A fee must be paid on the grant of a licence. Regulation 5 empowers TfL to grant licences that are subject to requirements in the Regulations and schedule and any other conditions that TfL may impose. The non exclusive list of matters that conditions may relate to include the following: the operating model, requiring further approval before licensed activities commence, requiring equipment provision, maintenance and testing, permitting inspection by TfL of operating centres and other premises, and requiring information provision to TfL. The licence may provide for specified dates or periods of time that it shall remain in force. Failure to comply with licence requirements or conditions without reasonable excuse is an offence, punishable by a fine not exceeding level 4 on the standard scale. Regulation 6 provides that TfL may grant a licence if satisfied that the applicant and associated persons (where their interest requires them to live and work in the UK) are fit and proper persons and are not disqualified by reason of immigration status. A person is disqualified if subject to immigration control and has not been granted leave to enter or remain, or their leave is invalid, has ceased to have effect, or is subject to a condition preventing them from being an operator. Regulation 7 provides that where an applicant or associated person has limited leave to remain 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 (c. 77), the licence must not exceed six months. A licence ceases to be in force if the holder or associated person becomes disqualified by 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 8 requires applicants and associated persons, not including a pedicab driver, to undertake a basic DBS check from TfL’s appointed service provider and provide the certificate to TfL with their application. Operators must also ensure that persons employed in pedicab booking, not including a pedicab driver, holder of a cab-drivers licence or the holder of a London PHV Driver’s licence, who have direct contact with the public undergo DBS checks before commencing employment. Associated persons must undertake annual DBS checks during the licence period and provide certificates to TfL upon request. Regulation 9 requires associated persons who have lived in a country other than the UK for a continuous period of three months or more within the ten year prior to application to provide a Certificate of Good Conduct for each such country. Periods before the applicant attain 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 10 requires operators to ensure that any pedicab provided to operate a booking is validly licensed by TfL and driven by a licensed pedicab driver. Fleet operators must ensure the same when renting out or providing pedicabs to drivers. Contravention is an offence punishable by a fine not exceeding level 4 on the standard scale. A defence of due diligence is available. Regulation 11 prohibits operators from using the words “taxi”, “taxis”, “cab” or “cabs” (or similar words likely to be mistaken for them) in advertisements for pedicab bookings. Use of “pedicab”, “pedi-cab” or “pedi cab” does not contravene this prohibition. Contravention is an offence, punishable by a fine not exceeding level 4 on the standard scale. A defence is available for publishers who received the advertisement in the ordinary course of business without knowledge of the contravention. Regulation 12 prohibits operators from sub-contracting bookings to unlicensed operators or drivers. Contravention is an offence punishable by a fine not exceeding level 4 on the standard scale. A defence of due diligence is available. The contract between the original operator and the person making the booking remains in force despite sub-contracting arrangements. Regulation 13 makes provision for the continuance of a licence following the death, bankruptcy or incapacity of an individual licence holder. TfL may direct that the licence be suspended rather than terminated on death, and may direct that a person carrying on the operator’s business following the death, bankruptcy or incapacity of the operator be treated as the operator for up to six months or the remainder of the licence period. Regulation 14 empowers TfL to issue replacement licences where an operator has changed their business name or personal name, or where a licence has been lost, destroyed or defaced. The original licence must be returned before a replacement is issued unless it has been lost or destroyed. Regulation 15 requires operators to keep a record of pedicab bookings, either in writing or in a form that can easily be reduced to writing. Regulation 16 specifies the information that must be recorded for each pedicab booking, including the date, the names of the person accepting and making the pedicab booking, collection time and place, destination, driver details, any sub-contracting, additional services, fare information, passenger consent, and the pedicab vehicle licence identification number. Regulation 17 requires operators and fleet operators to keep records of pedicab vehicles available to them or rented out, including the vehicle licence identification number, copies of the vehicle licence and insurance certificate, and the dates the vehicle became and ceased to be available. Regulation 18 requires fleet operators to keep legible copies of pedicab driver licences and operator licences for persons to whom they provide pedicabs. Operators must keep records of pedicab drivers available to them, including personal details, national insurance number, legible licence copies, photographs, and the dates the vehicle became and ceased to be available. Regulation 19 requires operators to keep records of persons employed in pedicab booking who have direct contact with the public, including their name, date of birth, and DBS certificate details. Regulation 20 requires operators to keep records of complaints made about pedicab bookings and other aspects of their undertaking, including booking details, complainant contact information, the nature of the complaint, and details of any investigation and action taken. Regulation 21 requires operators to keep records of lost property found at operating centres or in pedicabs, and property reported as lost, including dates, locations, descriptions, and evidence of attempts to return or find items. Regulation 22 requires operators to preserve booking records for 12 months from acceptance, vehicle and driver records for 12 months after they cease to be available, complaint and lost property records for 12 months from entry, and tape recordings of bookings for 12 months. Records must be preserved for 12 months after an operator ceases to use an operating centre. Regulation 23 makes it an offence, punishable by a fine not exceeding level 4, for an operator to fail without reasonable excuse to comply with the record-keeping requirements in regulations 12 to 20. Regulation 24 empowers TfL to vary, suspend or revoke a licence where there has been a breach of any terms requirements or conditions. Specific grounds include criminal conviction of the licence holder or any associated person; TfL no longer being satisfied that an associated person is fit and proper; conviction of an immigration offence or imposition of an immigration penalty; supply of false or misleading information in the application; failure to comply with licence requirements or conditions; or any other relevant reason. Regulation 25 requires TfL to give notice of suspension or revocation decisions, which take effect seven days after service. Where public safety requires immediate effect, TfL may so state in the notice and the suspension or revocation takes effect upon service. A suspended licence remains suspended until TfL directs otherwise. Regulation 26 enables operators to apply to TfL to add or remove operating centres from their licence. TfL may require information and must be satisfied that new premises meet the approval requirements in the Schedule. Applications must be accompanied by the appropriate fee. Regulation 27 empowers TfL to maintain a register of operator 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 28 provides that applicants may request TfL to reconsider decisions to refuse, vary, suspend or revoke a licence, or to impose licence conditions, with such request being made within 28 days of the date on which TfL issued its decision. If TfL maintains its decision following reconsideration, the applicant may appeal to a magistrates’ court within 28 days from the date on which the notice of the decision is served. 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. The Schedule sets out further requirements attached to operator licences. These requirements impose ongoing obligations on operators relating to matters including notification to TfL of certain events (such as arrests, convictions, and changes to application information), the maintenance and use of operating centres, material changes to the operating model, insurance, fare transparency and passenger communications, the provision of information to TfL, and the establishment of complaints and lost property procedures and the adoption of business names.

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