Transport for LondonGround six
We are a vehicle hire firm and the vehicle was hired out under a hire agreement on the date of contravention and the hirer signed a statement of liability for any resulting penalty charges.
The Regulations define this ground as:
That the recipient is a vehicle-hire firm and:
1. The vehicle in question was at the material time hired from that firm under a hiring agreement; and
2. The person hiring it had signed a statement of liability acknowledging his liability in respect of any Penalty Charge Notice imposed in relation to the vehicle during the currency of the hiring agreement.
If you are the registered keeper of the vehicle, and want to transfer liability to the hirer, liability can only be transferred if you can provide a hire agreement that shows you, as the registered keeper, have entered into an agreement with a hirer to hire the vehicle and the agreement fully meets the requirements of Section 66 of the Road Traffic Offenders
Act 1988, and
- The vehicle is on hire for a period of less than six months, and
- The agreement has a signed statement of liability and
- The hire agreement has all the relevant information on it where relevant as defined in Schedule 2 of the Road Traffic (Owner Liability) Regulations 2000
A director of a hire company cannot transfer liability from themselves where they are the registered keeper of the vehicle using the 'company hire agreement'. This is because as a director you are a separate legal entity to the hire company and the hire agreement is not sufficient to transfer liability away from you.
Schedule 2 of the Road Traffic (Owner Liability) Regulations 2000
Particulars required in a Hiring Agreement to comply with Section 66 of the Road Traffic Offenders Act 1988
A. Particulars of person signing statement of liability
1. Full name
2. Date of birth
3. Permanent address
4. Address at time of hiring (if different from 3 above and stay is likely to be more than two months from date of hiring)
5. Details of driving licence:
- Country where issued (if not UK)
- Serial number or driver's number
- Date of expiry (which should be no later than date specified in B7 below)
If the person taking possession of the vehicle is not the same as the person by or on whose behalf the statement was signed, the full name of that person should also be supplied (if known).
B. Particulars of hiring agreements
1. Vehicle registration mark of vehicle hired under the hiring agreement
2. Make and model of vehicle hired under the hiring agreement
3. Vehicle registration mark of any vehicle substituted for the above during the currency of the hiring agreement
4. Make and model of any vehicle substituted for the above during the currency of the hiring agreement
5. Time and date of any change of vehicle
6. Time and date of commencement of original hiring period
7. Expected time and date of expiry of original hiring period
8. Time and date of commencement of authorised extension of hiring period*
9. Expected time and date of expiry of authorised extension of hiring period*
10 Actual time and date of return of vehicle (or when vehicle returned out of hours; time and date on which vehicle hire firm next opened for business)*
* This requirement applies only to the vehicle hire firm's copy of the hiring agreement.
