1.1These terms and conditions apply to the Scheme provided by Transport for London ("TfL"). The terms and conditions are between TfL and the Registered Keeper of the Taxi as set out in the Application. TfL reserves the right to make changes to these terms and conditions from time to time.
1.2The Scheme is part of the Taxi and Private Hire Action Plan launched jointly by the Mayor of London and TfL in September 2016. The Scheme is open to Taxi's that meet the eligibility criteria as set out in Clause 2 below. It allows the Registered Keeper of a Taxi to apply to have their Taxi delicensed by TfL for use in Greater London in return for a Payment from TfL if the Application is successful. The Scheme will run until 31 December 2020 (subject to grant availability) and applications will be accepted for assessment up until and including that date.
1.3In these Terms and Conditions some words have a special meaning as set out below:
Data Protection Legislation means the Data Protection Act 1998 as amended from time to time and, from 25 May 2018 only, the Regulation (EU) 2016/679 the General Data Protection Regulation;
Application means the application submitted by the Registered Keeper to TfL to delicense their Taxi from use as a taxi in Greater London;
Report is the report issued by TfL to the Registered Keeper once an Inspection has taken place;
Scheme means the delicensing scheme as further described in paragraph 1.2;
Inspection is an inspection process of the Taxi and applicable documentation, conducted at a TfL Inspection Centre;
Payment is the payment made to a Registered Keeper by TfL in return for the Registered Keeper's Taxi being delicensed from use as a Taxi in Greater London. A Payment will be made following the successful completion of an Application and Inspection;
De Minimis Aid means the ceiling of two hundred thousand euros (€200,000) of financial assistance provided under the De Minimis Block Exemption to a Registered Keeper as further described in Clause 9.1 and in the De Minimis Disclosure Form (please see Schedule 1 to this Agreement) over a three year fiscal period;
Inspection Letter means a letter sent by TfL to the Registered Keeper once TfL has approved an Application setting out the details of the Inspection;
Registered Keeper is the person named in section 5 of the Taxi's V5C registration document and the applicant on the Application form;
Taxi is a Taxi vehicle licenced by TfL to operate as a taxi in Greater London;
Taxi Licence is the vehicle licence issued by TfL;
Taxi Licensing Requirements is TfL's standard for licencing and re-licencing a taxi for use as a taxi in Greater London; and
Taxi Owner is the legal owner of the Taxi.
To be eligible to make an Application, the following requirements must be met:
2.1 An Application must be made by the Registered Keeper of the Taxi. Where the Registered Keeper is not the Taxi Owner the Registered Keeper must ensure they have written permission from the Taxi Owner before applying to delicense the Taxi and provide it with the Application. TfL may at its discretion require additional evidence from the Registered Keeper that the Taxi Owner has given permission for this Application before processing the Application.
2.2 The age of the Taxi must be a minimum of 10 years old and must not exceed 15 years old. The Taxi age is determined with reference to the dates shown at 4(B) and (B1) of the Taxi's V5C registration document. The Registered Keeper (or authorised third party) will be required to bring the Taxi's V5C registration document to the Taxi Inspection.
2.3 The Taxi must have a valid Taxi Licence, issued by TfL to be eligible to apply for this Scheme.
2.4 At the time of submitting an Application, the Taxi must be roadworthy and have a valid MOT certificate which has been issued no more than six months prior to the Inspection and must be provided as part of the Inspection.
2.5 The Taxi must successfully pass the Inspection to be eligible for a Payment.
2.6 The information provided by the Registered Keeper in the Application must match up with the licensing records and documents held by TfL, if there are any discrepancies TfL will seek further information from the Registered Keeper or authorised third party, as applicable.
2.7 The Registered Keeper must not have exceeded the De Minimis Aid level as further set out in Clause 9.1.
2.8 TfL may request additional documentation from the Registered Keeper or authorised third party to ensure the Registered Keeper meets the eligibility criteria in this Clause 2 to TfL's satisfaction.
2.9 A Registered Keeper can only make one Application which has been successfully approved by TfL to receive one Payment per Taxi.
3.1The Registered Keeper may appoint a third party to manage the Inspection only. The third party must provide sufficient evidence to satisfy TfL that the third party has applicable authority to manage the Inspection on behalf of the Registered Keeper. TfL in its absolute discretion may refuse a third party from undertaking this process if it not satisfied with the evidence provided.
3.2 The Registered Keeper or authorised third party must bring to the Inspection all required documentation as set out in the Inspection Letter. Failure to provide such documentation will result in the Inspection either being unsuccessful, rescheduled or cancelled.
3.3 Following an Inspection, the Registered Keeper or authorised third party will be issued with a Report informing them whether they have passed or failed the Inspection.
3.4 If during the Inspection any documentation provided by the Registered Keeper (or authorised third party) or the Taxi presented for inspection fails TfL's Taxi Licensing Requirements, TfL reserves the right to retain a Registered Keeper's Taxi Licence.
4.1 A Registered Keeper's Taxi that meets the eligibility criteria in Clause 2 is eligible for a Payment.
4.2 The Payment amount is determined by the Taxi age at the time of a successful Inspection. The table below shows the current payment figures. The Payment amounts are subject to change at TfL's sole discretion.
|Age of Taxi from DVLA first registration||Delicensing Payment|
|10 years up to but not including 11 years||£5,000|
|11 years up to but not including 12 years||£3,800|
|12 years up to but not including 13 years||£2,800|
|13 years up to but not including 14 years||£1,900|
|14 years up to but not including 15th
anniversary of the date of 1st registration
4.3 If a Taxi passes the Inspection and the Registered Keeper (or authorised third party) has been issued with a Report confirming such outcome, the Payment amount is confirmed in writing to the Registered Keeper of the Taxi. Payment will only be made to the Registered Keeper of the Taxi to a UK bank account.
4.4 TfL will request bank details of a UK bank account from the Registered Keeper and the Payment is paid by BACS within 21 days of receiving bank details from the Registered Keeper.
5.1 The Registered Keeper warrants:
(a)they have full capacity and authority to enter into this Agreement with TfL and appropriate authority from the Taxi Owner as applicable;
(b) all information and documentation provided as part of the Application and Inspection is accurate. The Registered Keeper will inform TfL immediately if any part of the information provided is no longer correct; and
(c ) that he/she will not attempt to sell their Taxi after receiving a Payment if there is any outstanding finances or other charges on the Taxi.
6.1 Once a Payment has been paid to the Registered Keeper in accordance with these terms and conditions the Application cannot be withdrawn and the following shall apply:
(a) the Taxi shall remain permanently delicensed in Greater London;
(b) a delicensed Taxi cannot be relicensed in Greater London;
(c) the delicensing Taxi is not permitted for use in Greater London as a Taxi; and
(d) a delicensing of a Taxi cannot be reversed.
7.1 TfL in its absolute discretion can decline an Application if the Registered Keeper, Taxi Owner and/or third party does not provide sufficient information or additional information as required by TfL within a reasonable time period from TfL requesting such information.
7.2 Where an Application is found to be in breach of these terms and conditions including fraudulent applications, TfL may seek recovery of the Payment paid to the Registered Keeper and may prosecute the Registered Keeper and/or where applicable, revoke the Registered Keeper's Taxi Licence.
8.1 TfL is not liable and not responsible for any losses, claims, damages, demands, expenses, liabilities, proceeding and judgments incurred by a Registered Keeper, the Taxi Owner or authorised third party as a result of the Scheme.
8.2 TfL is not responsible or liable for any action taken by a Registered Keeper, Taxi Owner or authorised third party in relation to the sale, lease, financial arrangement or future use of a delicensed Taxi.
9.1 In accepting the Payment, the Registered Keeper shall comply with all applicable European Union rules on State aid. The Registered Keeper must complete the attached De Minimis Aid disclosure form and provide this to TfL prior to booking your Inspection. The Registered Keeper shall fully cooperate with TfL in utilising the applicable approvals and procedures in relation to State Aid rules.
10.1 TfL, it subsidiaries and service providers will comply with all its obligations under the Data Protection Legislation and will only process the Registered Keepers personal data (as defined in the Data Protection Legislation) for the purposes of assessing your eligibility for the Scheme and to contact you regarding your Application.
11.1 This Agreement is governed by the laws of England and Wales. The Courts of England and Wales have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Agreement.