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Town Police Clauses Act 1847

Hackney carriages

37 Commissioners may licence hackney carriages And with respect to hackney

carriages, be it enacted as follows:

The commissioners may from time to time licence to ply for hire within the

prescribed distance, or if no distance is prescribed, within five miles from the General

Post Office of the city, town, or place to which the special Act refers, (which in that case

shall be deemed the prescribed distance,) such number of hackney coaches or carriages of

any kind or description adapted to the carriage of persons as they think fit.

Modification

Modified, in relation to hackney carriages, by the Transport Act 1985, s 16.

See further, in relation to a licensed taxi, licensed under this section, providing a local service

under a special licence: the Local Services (Operation by Taxis) Regulations 1986, SI 1986/567.

38 What vehicles to be deemed hackney carriages Every wheeled carriage, whatever

may be its form or construction, used in standing or plying for hire in any street within

the prescribed distance, and every carriage standing upon any street within the prescribed

distance, having thereon any numbered plate required by this or the special Act to be

fixed upon a hackney carriage, or having thereon any plate resembling or intended to

resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the

meaning of this Act; and in all proceedings at law or otherwise the term "hackney

carriage" shall be sufficient to describe any such carriage: Provided always, that no stage

coach used for the purpose of standing or plying for passengers to be carried for hire at

separate fares, and duly licensed for that purpose, and having thereon the proper

numbered plates required by law to be placed on such stage coaches, shall be deemed to

be a hackney carriage within the meaning of this Act.

39……

Amendment

Repealed by the Transport Act 1981, s 40(1), Sch 12, Pt III.

40 Persons applying for licence to sign a requisition Before any such licence is

granted a requisition for the same, in such form as the commissioners from time to time

provide for that purpose, shall be made and signed by the proprietor or one of the

proprietors of the hackney carriage in respect of which such licence is applied for; and in

every such requisition shall be truly stated the name and surname and place of abode of

the person applying for such licence, and of every proprietor or part proprietor of such

carriage, or person concerned, either solely or in partnership with any other person, in the

keeping, employing, or letting to hire of such carriage; and any person who, on applying

for such licence, states in such requisition the name of any person who is not a proprietor

or part proprietor of such carriage, or who is not concerned as aforesaid in the keeping,

employing, or letting to hire of such carriage, and also any person who wilfully omits to

specify truly in such requisition as aforesaid the name of any person who is a proprietor

or part proprietor of such carriage, or who is concerned as aforesaid in the keeping,

employing, or letting to hire of such carriage, shall be liable to a penalty not exceeding

level 1 on the standard scale].

Amendment

Maximum penalty increased by the Criminal Justice Act 1967, s 92(1), Sch 3, Part I, and

converted to a level on the standard scale by the Criminal Justice Act 1982, ss 37, 38, 46.

41 What shall be specified in the licences In every such licence shall be specified the

name and surname and place of abode of every person who is a proprietor or part

proprietor of the hackney carriage in respect of which such licence is granted, or who is

concerned, either solely or in partnership with any other person, in the keeping,

employing, or letting to hire of any such carriage, and also the number of such licence

which shall correspond with the number to be painted or marked on the plates to be fixed

on such carriage, together with such other particulars as the commissioners think fit.

42 Licences to be registered Every licence shall be made out by the clerk of the

commissioners, and duly entered in a book to be provided by him for that purpose; and in

such book shall be contained columns or places for entries to be made of every offence

committed by any proprietor or driver or person attending such carriage; and any person

may at any reasonable time inspect such book, without fee or reward.

43 Licence to be in force for one year only Every licence so to be granted shall be

under the common seal of the commissioners, if incorporated, or, if not incorporated,

shall be signed by two or more of the commissioners, and shall not include more than one

carriage so licensed, and shall be in force for one year only from the day of the date of

such licence or until the next general licensing meeting, in case any general licensing day

be appointed by the commissioners.

44 Notice to be given by proprietors of hackney carriages of any change of abode So

often as any person named in any such licence as the proprietor or one of the proprietors,

or as being concerned, either solely or in partnership with any person, in the keeping,

employing, or letting to hire of any such carriage, changes his place of abode, he shall,

within seven days next after such change, give notice thereof in writing, signed by him, to

the commissioners, specifying in such notice his new place of abode; and he shall at the

same time produce such licence at the office of the commissioners, who shall by their

clerk, or some other officer, endorse thereon and sign a memorandum specifying the

particulars of such change; and any person named in any such licence as aforesaid as the

proprietor, or one of the proprietors, of any hackney carriage, or as being concerned as

aforesaid, who changes his place of abode and neglects or wilfully omits to give notice of

such change, or to produce such licence in order that such memorandum as aforesaid may

be endorsed thereon, within the time and in the manner limited and directed by this or the

special Act, shall be liable to a penalty not exceeding [level 1 on the standard scale].

Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37,46.

45 Penalty for plying for hire without a licence If the proprietor or part proprietor of

any carriage, or any person so concerned as aforesaid, permits the same to be used as a

hackney carriage plying for hire within the prescribed distance without having obtained a

licence as aforesaid for such carriage, or during the time that such licence is suspended as

hereinafter provided, or if any person be found driving, standing, or plying for hire with

any carriage within the prescribed distance for which such licence as aforesaid has not

been previously obtained, or without having the number of such carriage corresponding

with the number of the licence openly displayed on such carriage, every such person so

offending shall for every such offence be liable to a penalty not exceeding [level 4 on the

standard scale].

Amendment

Maximum penalty on any conviction increased and converted to a level on the standard scale by

the Criminal Justice Act 1982, ss 37, 39, 46, Sch 3.

46 Drivers not to act without first obtaining a licence No person shall act as driver of

any hackney carriage licensed in pursuance of this or the special Act to ply for hire within

the prescribed distance without first obtaining a licence from the commissioners, which

licence shall be registered by the clerk to the commissioners, [and such fee as the

commissioners may determine shall be paid] for the same; and every such licence shall be

in force until the same is revoked except during the time that the same may be suspended

as after mentioned.

Amendment

Words in square brackets substituted by the Local Government, Planning and Land Act 1980, s

1(6), Sch 6.

47 Penalty on drivers acting without licence, or proprietors employing unlicensed

drivers If any person acts as such driver as aforesaid without having obtained such

licence, or during the time that his licence is suspended, or if he lend or part with his

licence, except to the proprietor of the hackney carriage, or if the proprietor of any such

hackney carriage employ any person as the driver thereof who has not obtained such

licence, or during the time that his licence is suspended, as herein-after provided, every

such driver and every such proprietor shall for every such offence respectively be liable

to a penalty not exceeding [level 3 on the standard scale].

Amendment

Enhanced penalty on a subsequent conviction abolished, maximum penalty on any conviction

increased and converted to a level on the standard scale by the Criminal Justice Act

1982,ss35,37,38,46.

48 Proprietor to retain licences of drivers, and to produce the same before justices

on complaint In every case in which the proprietor of any such hackney carriage permits

or employs any licensed person to act as the driver thereof, such proprietor shall cause to

be delivered to him, and shall retain in his possession, the licence of such driver, while

such driver remains in his employ; and in all cases of complaint, where the proprietor of a

hackney carriage is summoned to attend before a justice, or to produce the driver, the

proprietor so summoned shall also produce the licence of such driver, if he be then in his

employ; and if any driver complained of be adjudged guilty of the offence alleged against

him, such justice shall make an endorsement upon the licence of such driver, stating the

nature of the offence and amount of the penalty inflicted; and if any such proprietor

neglect to have delivered to him and to retain in his possession the licence of any driver

while such driver remains in his employ, or if he refuse or neglect to produce such

licence as aforesaid, such proprietor shall for every such offence be liable to a penalty not

exceeding [level 1 on the standard scale].

Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to ;

level on the standard scale by the Criminal Justice Act 1982, ss 37, 46.

49 Proprietor to return licence to drivers except in case of misconduct

When any driver leaves the service of the proprietor by whom he is employed without

having been guilty of any misconduct, such proprietor shall forthwith return to such

driver the licence belonging to him; but if such driver have been guilty of any

misconduct, the proprietor shall not return his licence, but shall give him notice of the

complaint which he intends to prefer against him, and shall forthwith summon such

driver to appear before any justice to answer the said complaint; and such justice, having

the necessary parties before him, shall inquire into and determine the matter of complaint,

and if upon inquiry it appear that the licence of such driver has been improperly withheld,

such justice shall direct the immediate re-delivery of such licence, and award such sum of

money as he thinks proper to be paid by such proprietor to such driver by way

compensation.

50 Revocation of licences of proprietors or drivers The commissioners may, upon the

conviction for the second time of the proprietor or driver of any such hackney carriage

for any offence under the provisions of this or the special Act with respect to hackney

carriages, or any byelaw made in pursuance thereof, suspend or revoke, as they deem

right, the licence of any such proprietor or driver.

51 Number of persons to be carried in a hackney carriage to be painted thereon No

hackney carriage shall be used or employed or let to hire, or shall stand or ply for hire,

within the prescribed distance, unless the number of persons to be carried by such

hackney carriage, in words at length, and in form following, (that is to say,) "To

carry.......... persons," be painted on a plate placed on some conspicuous place on the

outside of such carriage, and in legible letters, so as to be clearly distinguishable from the

colour of the ground whereon the same are painted, one inch in length, and of a

proportionate breadth; and the driver of any such hackney carriage shall not be required

to carry in or by such hackney carriage a greater number of persons than the number

painted thereon.

Amendment

Repealed, in relation to tramcars and trolley vehicles, by the Transport Charges &c

(Miscellaneous Provisions) Act 1954, ss 14(1), 15(2), Sch 2, Part IV.

52 Penalty for neglect to exhibit the number, or for refusal to carry the prescribed

number If the proprietor of any hackney carriage permit the same to be used, employed,

or let to hire, or if any person stand or ply for hire with such carriage, without having the

number of persons to be carried thereby painted and exhibited in manner aforesaid, or if

the driver of any such hackney carriage refuse, when required by the hirer thereof, to

carry in or by such hackney carriage the number of persons painted thereon, or any less

number, every proprietor or driver so offending shall be liable to a penalty not exceeding

[level 1 on the standard scale].

Amendment

Repealed, in relation to tramcars and trolley vehicles, by the Transport Charges &c

(Miscellaneous Provisions) Act 1954, ss 14(1), 15(2), Sch 2, Part IV. Maximum penalty

increased by the Criminal Law Act 1977, s 31 (6), and converted to a level on the

standard scale by the Criminal Justice Act 1982, ss 37,46.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares)

Order 1986, SI 1986/1386, art 4.

53 Penalty on driver for refusing to drive A driver of a hackney carriage standing at

any of the stands for hackney carriages appointed by the commissioners, or in any street,

who refuses or neglects, without reasonable excuse, to drive such carriage to any place

within the prescribed distance, or the distance to be appointed by any byelaw of the

commissioners, not exceeding the prescribed distance, to which he is directed to drive by

the person hiring or wishing to hire such carriage, shall for every such offence be liable to

a penalty not exceeding [level 2 on the standard scale].

Amendment

Maximum penalty increased and converted to a level on the standard scale by the Criminal

Justice Act 1982, ss 37, 39,46, Sch 3.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/1386, art 4.

54 Penalty for demanding more than the sum agreed for If the proprietor or driver of

any such hackney carriage, or if any other person on his behalf, agree beforehand with

any person hiring such hackney carriage to take for any job a sum less than the fare

allowed by this or the special Act, or any byelaw made thereunder, such proprietor or

driver shall be liable to a penalty not exceeding [level 1 on the standard scale] if he exact

or demand for such job more than the fare so agreed upon.

Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37,46.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI1986/1386, art 4.

55 Agreement to pay more than the legal fare No agreement whatever made with the

driver, or with any person having or pretending to have the care of any such hackney

carriage, for the payment of more than the fare allowed by any byelaw made under this or

the special Act, shall be binding on the person making the same; and any such person

may, notwithstanding such agreement, refuse, on discharging such hackney carriage, to

pay any sum beyond the fare allowed as aforesaid; and if any person actually pay to the

driver of any such hackney carriage, whether in pursuance of any such agreement or

otherwise, any sum exceeding the fare to which such driver was entitled, the person

paying the same shall be entitled, on complaint made against such driver before any

justice of the peace, to recover back the sum paid beyond the proper fare, and moreover

such driver shall be liable to a penalty for such exaction not exceeding [level 3 on the

standard scale]; and in default of the repayment by such driver of such excess of fare, or

of payment of the said penalty, such justice shall forthwith commit such driver to prison,

there to remain for any time not exceeding one month, unless the said excess of fare and

the said penalty be sooner paid.

Amendment

Maximum penalty increased and converted to a level on the standard scale by the Criminal

Justice Act 1982, ss 37, 39,46, Sch 3. Modified, in relation to the taxi code, by the Licensed

Taxis (Hiring at Separate Fares) Order 1986, SI 1986/1386, art 4.

56 Agreements to carry passengers a discretionary distance for a fixed sum

If the proprietor or driver of any such hackney carriage, or if any other person on his

behalf, agree with any person to carry in or by such hackney carriage persons not

exceeding in number the number so painted on such carriage as aforesaid, for a distance

to be in the discretion of such proprietor or driver, and for a sum agreed upon, such

proprietor or driver shall be liable to a penalty not exceeding [level 1 on the standard

scale] if the distance which he carries such persons be under that to which they were

entitled to be carried for the sum so agreed upon, according to the fare allowed by this or

the special Act, or any byelaw made in pursuance thereof.

Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37, 46.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/13 86, art 4.

57 Deposit to be made for carriages required to wait When any hackney carriage is

hired and taken to any place, and the driver thereof is required by the hirer there to wait

with such hackney carriage, such driver may demand and receive from such hirer his fare

for driving to such place, and also a sum equal to the fare of such carriage for the period,

as a deposit over and above such fare, during which he is required to wait as aforesaid, or

if no fare for time be fixed by the byelaws, then the sum of [7p] for every half hour

during which he is so required to wait, which deposit shall be accounted for by such

driver when such hackney carriage is finally discharged by such hirer; and if any such

driver who has received any such deposit as aforesaid refuses to wait as aforesaid, or goes

away or permits such hackney carriage to be driven or taken away without the consent of

such hirer, before the expiration of the time for which such deposit was made, or if such

driver on the final discharge of such hackney carriage refuse duly to account for such

deposit, every such driver so offending shall be liable to a penalty not exceeding [level 1

on the standard scale].

Amendment

First sum in square brackets substituted by the Decimal Currency Act 1969, s 10, rounded down

to 7p in consequence of the abolition of the halfpenny, by Proclamation dated 31 December

1984; maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to a

level on the standard scale by the Criminal Justice Act 1982, ss 37, 46.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/13 86, art 4.

58 Penalty on proprietors, etc convicted of overcharging Every proprietor or driver of any

such hackney carriage who is convicted of taking as a fare a greater sum than is

authorized by any byelaw made under this or the special Act shall be liable to a penalty

not exceeding [level 3 on the standard scale], and such penalty may be recovered before

one justice; and in the conviction of such proprietor or driver an order may be included

for payment of the sum so overcharged, over and above the penalty and costs; and such

overcharge shall be returned to the party aggrieved...

Amendment

Maximum penalty increased and converted to a level on the standard scale by the Criminal

Justice Act 1982, ss 37, 39,46, Sch 3; words omitted repealed by the Statute Law Revision Act

1894.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/1386, art4.

59 Penalty for permitting persons to ride without consent of hirer Any proprietor or

driver of any such hackney carriage which is hired who permits or suffers any person to

be carried in or upon or about such hackney carriage during such hire, without the

express consent of the person hiring the same, shall be liable to a penalty not exceeding

[level 1 on the standard scale]. Amendment

Maximum penalty increased by the Criminal Law Act 1977,s 31(6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37, 46.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/1386, art4.

60 No unauthorized person to act as driver No person authorized by the proprietor of

any hackney carriage to act as driver of such carriage shall suffer any other person to act

as driver of such carriage without the consent of the proprietor thereof; and no person,

whether licensed or not, shall act as driver of any such carriage without the consent of the

proprietor; and any person so suffering another person to act as driver, and any person so

acting as driver without such consent as aforesaid, shall be liable to a penalty not

exceeding [level 1 on the standard scale] for every such offence. Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37, 46.

61 Penalty on drivers for drunkenness, furious driving, etc If the driver or any other

person having or pretending to have the care of any such hackney carriage be intoxicated

while driving, or if any such driver or other person by wanton and furious driving, or by

any other wilful misconduct, injure or endanger any person in his life, limbs, or property,

he shall be liable to a penalty not exceeding [level 1 on the standard scale];...Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31 (6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 3 7,46; words omitted repealed by the

Statute Law (Repeals) Act 1989.

62 Penalties in case of carriages being unattended at places of public resort

If the driver of any such hackney carriage leave it in any street or at any place of public

resort or entertainment, whether it be hired or not, without some one proper to take care

of it, any constable may drive away such hackney carriage and deposit it, and the horse or

horses harnessed thereto, at some neighbouring livery stable or other place of safe

custody; and such driver shall be liable to a penalty not exceeding [level 1 on the standard

scale] for such offence; and in default of payment of the said penalty upon conviction,

and of the expences of taking and keeping the said hackney carriage and horse or horses,

the same, together with the harness belonging thereto, or any of them, shall be sold by

order of the justice before whom such conviction is made, and after deducting from the

produce of such sale the amount of the said penalty, and of all costs and expences, as well

of the proceedings before such justice as of the taking, keeping, and sale of the said

hackney carriage, and of the said horse or horses and harness, the surplus (if any) of the

said produce shall be paid to the proprietor of such hackney carriage.

Amendment

Maximum penalty increased by the Criminal Law Act 197 7, s 31 (6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37,46.

63 Compensation for damage done by driver In every case in which any hurt or

damage has been caused to any person or property as aforesaid by the driver of any

carriage let to hire, die justice before whom such driver has been convicted may direct

that the proprietor of such carriage shall pay such a sum, not exceeding five pounds, as

appears to the justice a reasonable compensation for such hurt or damage; and every

proprietor who pays any such compensation as aforesaid may recover the same from the

driver, and such compensation shall be recoverable from such proprietor, and by him

from such driver, as damages.

64 Penalty on drivers obstructing other drivers Any driver of any hackney carriage who

suffers the same to stand for hire across any street or alongside of any other hackney

carriage, or who refuses to give way, if he conveniently can, to any other carriage, or who

obstructs or hinders the driver of any other carriage in taking up or setting down any

person into or from such other carriage, or who wrongfully in a forcible manner prevents

or endeavours to prevent the driver of any other hackney carriage from being hired, shall

be liable to a penalty not exceeding [level 1 on the standard scale].

Amendment

Maximum penalty increased by the Criminal Law Act 1977, s 31(6), and converted to a level on

the standard scale by the Criminal Justice Act 1982, ss 37,46.

65 Compensation to drivers attending to answer complaints not substantiated

If the driver of any such hackney carriage be summoned or brought before any justice to

answer any complaint or information touching or concerning any offence alleged to have

been committed by such driver against the provisions of this or the special Act, or any

byelaw made thereunder, and such complaint or information be afterwards withdrawn or

quashed or dismissed, or if such driver be acquitted of the offence charged against him,

the said justice, if he think fit, may order the complainant or informant to pay to the said

driver such compensation for his loss of time in attending the said justice touching or

concerning such complaint or information as to the said justice seems reasonable;...

Amendment

Words omitted repealed by the Statute Law (Repeals) Act 1989.

66 Fare unpaid may be recovered as a penalty If any person refuse to pay on demand

to any proprietor or driver of any hackney carriage the fare allowed by this or the special

Act, or any byelaw made thereunder, such fare may, together with costs, be recovered

before one justice as a penalty.

Amendment

Repealed by the Criminal Damage Act 1971, s 11(8), Schedule, Pt I, and SI 1977/426, art

13(6),Sch2.

68 Byelaws for regulating hackney carriages The commissioners may from time to

time (subject to the restrictions of this and the special Act) make byelaws for all or any of

the purposes following; (that is to say,)

For regulating the conduct of the proprietors and drivers of hackney carriages

plying within the prescribed distance in their several employments, and determining

whether such drivers shall wear any and what badges, and for regulating the hours within

which they may exercise their calling:

For regulating the manner in which the number of each carriage, corresponding

with the number of its licence, shall be displayed:

For regulating the number of persons to be carried by such hackney carriages, and

in what manner such number is to be shown on such carriage, and what number of horses

or other animals is to draw the same, and the placing of check strings to the carriages, and

the holding of the same by the driver, and how such hackney carriages are to be furnished

or provided:

For fixing the stands of such hackney carriages, and the distance to which they

may be compelled to take passengers, not exceeding the prescribed distance:

For fixing the rates or fares, as well for time as distance, to be paid for such

hackney carriages within the prescribed distance, and for securing the due publication of

such fares;

For securing the safe custody and re-delivery of any property accidentally left in

hackney carriages, and fixing the charges to be made in respect thereof.

Modification

Modified, in relation to the taxi code, by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/13 86, art 4.

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1985 transport act

https://www.legislation.gov.uk/id/ukpga/1985/67

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Local Government (Miscellaneous Provisions)

Act 1976

Part II

Hackney Carriages unit Private Hire Vehicles

45 Application of Part II (I) The provisions of this Part of this Act, except this

section, shall come into force in accordance with the following provisions of this

section.

(2) If the Act of 1847 is in force in the area of a district council, the council may

resolve that the provisions of this Part of this Act, other than this section, are to apply

to the relevant area; and if the council do so resolve those provisions shall come into

force in the relevant area on the day specified in that behalf in the resolution (which

must not be before the expiration of the period of one month beginning with the day

on which the resolution is passed).

In this subsection "the relevant area", in relation to a council, means —

(a) if the Act of 1847 is in force throughout the area of the council, that

area:

and

(b) if the Act of 1847 is in force for part only of the area of the council,

that pan of that area.

(3) A council shall not pass a resolution in pursuance of the foregoing subsection

unless they have —

(a) published in two consecutive weeks, in a local newspaper circulating

in their area, notice of their intention to pass the resolution;

and

(b) served a copy of the notice, not later than the date on which it is first

published in pursuance of the foregoing paragraph, on the council of

each parish or community which would be affected by the resolution

or, in the case of such a parish which has no parish council, on the

chairman of the parish meeting.

(4) If after a council has passed a resolution in pursuance of subsection (2) of this

section the Act of 1847 comes into force for any part of the area of the council for

which it was not in force when the council passed the resolution, the council may

pass a resolution in accordance with the foregoing provisions of this section in respect

of that part as if that part were included in the relevant area for the purposes of

subsection (2) of this section.

46 Vehicle, drivers' and operators' licences (1) Except as authorised by this

Part of this Act—

(a) no person being the proprietor of any vehicle, not being a hackney

carriage [or London Cab] in respect of which a vehicle licence is in

force, shall use or permit the same to be used in a controlled district as

a private hire vehicle without having for such a vehicle a current

licence under section 48 of this Act;

(b) no person shall in a controlled district act as driver of any private hire

vehicle without having a current licence under section 51 of this Act;

(c) no person being the proprietor of a private hire vehicle licensed under

this Part of this Act shall employ as the driver thereof for the purpose

of any hiring any person who does not have a current licence under the

said section 51;

(d) no person shall in a controlled district operate any vehicle as a private

hire vehicle without having a current licence under section 55 of this

Act;

(e) no person licensed under the said section 55 shall in a controlled

district operate any vehicle as a private hire vehicle—

(i) if for die vehicle a current licence under die said section 48 is not in

force; or (ii) if the driver does not have a current licence under the said

section 51.

(2) If any person knowingly contravenes the provisions of this section, he shall be

guilty of an offence.

Amendment

Sub-s (I): words in square brackets inserted by the Transport Act 1985, s 139(2), Sch

7, para 17.

47 Licensing of hackney carriages (1) A district council may attach to the grant of a

licence of a hackney carriage under the Act of 1847 such conditions as the district

council may consider reasonably necessary.

(2) Without prejudice to the generality of the foregoing subsection, a district council

may require any hackney carriage licensed by them under the Act of 1847 to be of

such design or appearance or bear such distinguishing marks as shall clearly identify

it as a hackney carriage.

(3) Any person aggrieved by any conditions attached to such a licence may appeal to

a magistrates' court.

.

Modification

Modified for certain purposes by the Licensed Taxis (Hiring at Separate Fares) Order

1986,

SI 1986/1386, reg4.

48 Licensing of private hire vehicles (1) Subject to the provisions of this Part of

this Act, a district council may on the receipt of an application from the proprietor

of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as

a private hire vehicle, grant in respect thereof a vehicle licence:

Provided that a district council shall not grant such a licence unless they are

satisfied—

(a) that the vehicle is—

(i) suitable in type, size and design for use as a private hire

vehicle;

(ii) not of such design and appearance as to lead any person to

believe that the vehicle is a hackney carriage;

(iii) in a suitable mechanical condition;

(iv) safe; and

(v) comfortable;

(b) that there is in force in relation to the use of the vehicle a policy of

insurance or such security as complies with the requirements of [Part

VI of the Road Traffic Act 1988],

and shall not refuse such a licence for the purpose of limiting the number of vehicles

in respect of which such licences are granted by the council.

(2) A district council may attach to the grant of a licence under this section such

conditions as they may consider reasonably necessary including, without prejudice

to the generality of the foregoing provisions of this subsection, conditions requiring

or prohibiting the display of signs on or from the vehicle to which die licence relates.

(3) In every vehicle licence granted under this section there shall be specified—

(a) the name and address of —

(i) the applicant; and

(ii) every other person who is a proprietor of the private hire

vehicle in respect of which the licence is granted, or who is

concerned, either solely or in partnership with any other person,

in the keeping, employing or letting on hire of the private hire

vehicle;

(b) the number of the licence which shall correspond with the number to

be painted or marked on the plate or disc to be exhibited on the private

hire vehicle in accordance with subsection (6) of this section;

(c) the conditions attached to the grant of the licence; and

(d) such other particulars as the district council consider reasonably

necessary.

(4) Every licence granted under this section shall —

(a) be signed by an authorised officer of the council which granted it;

(b) relate to not more than one private hire vehicle; and

(c) remain in force for such period not being longer than one year as the

district council may specify in the licence.

(5) Where a district council grant under this section a vehicle licence in respect of a

private hire vehicle they shall issue a plate or disc identifying that vehicle as a private

hire vehicle in respect of which a vehicle licence has been granted.

(6)

(a) Subject to the provisions of this Part of this Act, no person shall use or

permit to be used in a controlled district as a private hire vehicle a

vehicle in respect of which a licence has been granted under this

section unless the plate or disc issued in accordance with subsection

(5) of this section is exhibited on the vehicle in such manner as the

district council shall prescribe by condition attached to the grant of the

licence.

(b) If any person without reasonable excuse contravenes the provisions of

this subsection he shall be guilty of an offence.

(7) Any person aggrieved by the refusal of a district council to grant a vehicle licence

under this section or by any conditions specified in such a licence, may appeal to a

magistrates' court.

Amendment

Sub-s (I): words in square brackets in para (b) substituted by the Road Traffic

(Consequential Provisions) Act 1988, s 4, Sch 3, para 16.

49 Transfer of hackney carriages and private hire vehicles (1) If the proprietor of

hackney carriage or a private hire vehicle in respect of which a vehicle licence has

been granted by a district council transfers his interest in the hackney carriage or

private hire vehicle to a person other than the proprietor whose name is specified in

the licence, he shall within fourteen days after such transfer give notice in writing

thereof to the district council specifying the name and address of the person to whom

the hackney carriage or private hire vehicle has been transferred.

(2) If a proprietor without reasonable excuse fails to give notice to a district council

as provided by subsection (1) of this section he shall be guilty of an offence.

50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68

of this Act, the proprietor of any hackney carriage or of any private hire vehicle

licensed by a district council shall present such hackney carriage or private hire

vehicle for inspection and testing by or on behalf of the council within such period

and at such place within the area of the council as they may by notice reasonably

require:

Provided that a district council shall not under the provisions of this subsection

require a proprietor to present the same hackney carriage or private hire vehicle for

inspection and testing on more than three separate occasions during any one period of

twelve months.

(2) The proprietor of any hackney carriage or private hire vehicle—

(a) licensed by a district council under the Act of 1847 or under this Part

of this Act; or

(b) in respect of which an application for a licence has been made to a

district council under the Act of 1847 or under this Part of this Act;

shall, within such period as the district council may by notice

reasonably require, state in writing the address of every place where

such hackney carriage or private hire vehicle is kept when not in use,

and shall if the district council so require afford to them such facilities

as may be reasonably necessary to enable them to cause such hackney

carriage or private hire vehicle to be inspected and tested there.

(3) Without prejudice to the provisions of [section 170 of the Road Traffic Act 1988],

the proprietor of a hackney carriage or of a private hire vehicle licensed by a district

council shall report to them as soon as reasonably practicable, and in any case within

seventy-two hours of the occurrence thereof, any accident to such hackney carriage or

private hire vehicle causing damage materially affecting the safety, performance or

appearance of the hackney carriage or private hire vehicle or the comfort or

convenience of persons carried therein.

(4) The proprietor of any hackney carriage or of any private hire vehicle licensed by a

district council shall at the request of any authorised officer of the council produce for

inspection the vehicle licence for such hackney carriage or private hire vehicle and the

certificate of the policy of insurance or security required by [Part VI of the Road

Traffic Act 1988] in respect of such hackney carriage or private hire vehicle.

(5) If any person without reasonable excuse contravenes the provisions of this section,

he shall be guilty of an offence.

Amendment

Sub-ss (3), (4): words in square brackets substituted by the Road Traffic

(Consequential Provisions) Act 1988, s 4, Sch 3, para 16.

51 Licensing of drivers of private hire vehicles (1) Subject to the provisions of this

Part of this Act, a district council shall, on the receipt of an application from any

person for the grant to that person of a licence to drive private hire vehicles, grant to

that person a driver's licence:

Provided that a district council shall not grant a licence—

(a) unless they are satisfied that the applicant is a fit and proper person to

hold a driver's licence; or

[(b) to any person who has not for at least twelve months been authorised

to drive a motor car, or is not at the date of the application for a

driver's licence so authorised].

[(1A) ...]

[(1B) For the purposes of subsection (1) of this section a person is authorised to

drive a motor car if—

(a) he holds a licence granted under Part III of the Road Traffic Act 1988

(not being a provisional licence) authorising him to drive a motor car,

or

(b) he is authorised by virtue of section 99A(1) [or section 109(1)] of that

Act to drive in Great Britain a motor car.]

(2) A district council may attach to the grant of a licence under this section such

conditions as they may consider reasonably necessary.

(3) It shall be the duty of a council by which licences are granted in pursuance of this

section to enter, in a register maintained by the council for the purpose, the following

particulars of each such licence, namely—

(a) the name of the person to whom it is granted;

(b) the date on which and the period for which it is granted; and

(c) if the licence has a serial number, that number, and to keep the register

available at its principal offices for inspection by members of the

public during office hours free of charge.

Amendment

Sub-s (I): para (b) substituted by SI 1996/1974, reg 5, Sch 4, para 2(2).

Sub-s (1A): inserted by the Road Traffic Act 1991, s 47(1).

Sub-s (1A): prospectively repealed by the Police Act 1997, s 134, Sch 9, para 34, Sch

10, as from a day to be appointed.

Sub-s (1A): repealed by the Police Act 1997, s 134, Sch 9, para 34, Sch 10.

Date in force: 1 April 1998: see SI 1998/354, art 2(2)(bb).

Sub-s (1B): inserted by SI 1996/1974, reg5, Sch 4, para 2(3) (note that this subsection

was inserted as sub-s (1) but it is understood that it should be numbered sub-s (1B)).

Sub-s (1B): in para (b) words "or section 109(1)" in square brackets inserted by SI

1998/1946, art 2.

Date in force: 5 September 1998: see SI 1998/1946, art 1.

52 Appeals in respect of drivers' licences Any person aggrieved by—

(1) the refusal of the district council to grant a driver's licence under

section 51 of this Act; or

(2) any conditions attached to the grant of a driver's licence; may appeal to

a magistrates' court.

53 Drivers' licences for hackney carriages and private hire vehicles

(1)

(a) Every licence granted by a district council under the provisions of this

Part of this Act to any person to drive a private hire vehicle shall

remain in force for three years from the date of such licence or for such

lesser period as the district council may specify in such licence.

(b) Notwithstanding the provisions of the Public Health Act 1875 and the

Town Police Clauses Act 1889, every licence granted by a district

council under the provisions of the Act of 1847 to any person to drive a

hackney carriage shall remain in force for three years from the date of

such licence or for such lesser period as they may specify in such

licence.

(2) Notwithstanding the provisions of the Act of 1847, a district council may demand

and recover for the grant to any person of a licence to drive a hackney carriage, or a

private hire vehicle, as the case may be, such a fee as they consider reasonable with a

view to recovering the costs of issue and administration and may remit the whole or

part of the fee in respect of a private hire vehicle in any case in which they think it

appropriate to do so.

(3) The driver of any hackney carriage or of any private hire vehicle licensed by a

district council shall at the request of any authorised officer of the council or of any

constable produce for inspection his driver's licence either forthwith or—

(a) in the case of a request by an authorised officer, at the principal offices

of the council before the expiration of the period of five days

beginning with the day following that on which the request is made;

(b) in the case of a request by a constable, before the expiration of the

period aforesaid at any police station which is within the area of the

council and is nominated by the driver when the request is made.

(4) If any person without reasonable excuse contravenes the provisions of this section,

he shall be guilty of an offence.

54 Issue of drivers' badges (1) When granting a driver's licence under section 51 of

this Act a district council shall issue a driver's badge in such a form as may from time

to time be prescribed by them.

(2)

(a) A driver shall at all times when acting in accordance with the driver's

licence granted to him wear such badge in such position and manner as

to be plainly and distinctly visible.

(b) If any person without reasonable excuse contravenes the provisions of

this subsection, he shall be guilty of an offence.

55 Licensing of operators of private hire vehicles (1) Subject to the provisions of

this Part of this Act, a district council shall, on receipt of an application from any

person for the grant to that person of a licence to operate private hire vehicles grant to

that person an operator's licence:

Provided that a district council shall not grant a licence unless they are satisfied that

the applicant is a fit and proper person to hold an operator's licence.

(2) Every licence granted under this section shall remain in force for such period, not

being longer than five years, as a district council may specify in the licence.

(3) A district council may attach to the grant of a licence under this section such

conditions as they may consider reasonably necessary.

(4) Any applicant aggrieved by the refusal of a district council to grant an operator's

licence under this section, or by any conditions attached to the grant of such a licence,

may appeal to a magistrates' court.

56 Operators of private hire vehicles (1) For the purposes of this Part of this Act

every contract for the hire of a private hire vehicle licensed under this Part of this Act

shall be deemed to be made with the operator who accepted the booking for that

vehicle whether or not he himself provided the vehicle.

(2) Every person to whom a licence in force under section 55 of this Act has been

granted by a district council shall keep a record in such form as the council may, by

condition attached to the grant of the licence, prescribe and shall enter therein, before

the commencement of each journey, such particulars of every booking of a private

hire vehicle invited or accepted by him, whether by accepting the same from the hirer

or by undertaking it at the request of another operator, as the district council may by

condition prescribe and shall produce such record on request to any authorised officer

of the council or to any constable for inspection.

(3) Every person to whom a licence in force under section 55 of this Act has been

granted by a district council shall keep such records as the council may, by condition

attached to the grant of the licence, prescribe of the particulars of any private hire

vehicle operated by him and shall produce the same on request to any authorised

officer of the council or to any constable for inspection.

(4) A person to whom a licence in force under section 5 5 of this Act has been granted

by a district council shall produce the licence on request to any authorised officer of

the council or any constable for inspection.

(5) If any person without reasonable excuse contravenes the provisions of this section,

he shall be guilty of an offence.

57 Power to require applicants to submit information (1) A district council may

require any applicant for a licence under the Act of 1847 or under this Part of this Act

to submit to them such information as they may reasonably consider necessary to

enable them to determine whether the licence should be granted and whether

conditions should be attached to any such licence.

(2) Without prejudice to the generality of the foregoing subsection —

(a) a district may require an applicant for a driver's licence in respect of a

hackney carriage or a private hire vehicle —

(i) to produce a certificate signed by a registered medical

practitioner to the effect that he is physically fit to be the driver

of a hackney carriage or a private hire vehicle; and

(ii) whether or not such a certificate has been produced, to submit

to examination by a registered medical practitioner selected by

the district council as to his physical fitness to be the driver of a

hackney carriage or a private hire vehicle;

(b) a district council may require an applicant for an operator's licence to

submit to them such information as to—

(i) the name and address of the applicant;

(ii) the addresses or address whether within the area of the council

or not from which he intends to carry on business in connection

with private hire vehicles licensed under this Part of this Act;

(iii) any trade or business activities he has carried on before making

the application;

(iv) any previous application he has made for an operator's licence;

(v) the revocation or suspension of any operator's licence

previously held by him;

(vi) any convictions recorded against the applicant; as they may

reasonably consider necessary to enable them to determine

whether to grant such licence;

(c) in addition to the information specified in paragraph (b) of this

subsection, a district council may require an applicant for an operator's

licence to submit to them —

(i) if the applicant is or has been a director or secretary of a

company, information as to any convictions recorded against

that company at any relevant time; any trade or business

activities carried on by that company; any previous application

made by that company for an operator's licence; and any

revocation or suspension of an operator's licence previously

held by that company;

(ii) if the applicant is a company, information as to any convictions

recorded against a director or secretary of that company; any

trade or business activities carried on by any such director or

secretary; any previous application made by any such director

or secretary for an operator's licence; and any revocation or

suspension of an operator's licence previously held by such

director or secretary;

(iii) if the applicant proposes to operate the vehicle in partnership

with any other person, information as to any convictions

recorded against that person; any trade or business activities

carried on by that person; any previous application made by

that person for an operator's licence; and any revocation or

suspension of an operator's licence previously held by him.

(3) If any person knowingly or recklessly makes a false statement or omits any

material particular in giving information under this section, he shall be guilty of an

offence.

58 Return of identification plate or disc on revocation or expiry of licence

etc (1) On —

(a) the revocation or expiry of a vehicle licence in relation to a hackney

carriage or private hire vehicle; or

(c) the suspension of a licence under section 68 of this Act;

a district council may by notice require the proprietor of that hackney carriage or

private hire vehicle licensed by them to return to them within seven days after the

service on him of that notice the plate or disc which —

(a) in the case of a hackney carriage, is required to be affixed to the

carriage as mentioned in section 38 of the Act of 1847; and

(b) in the case of a private hire vehicle, was issued for the vehicle under

section 48(5) of this Act.

(2) If any proprietor fails without reasonable excuse to comply with the terms of a

notice under subsection (1) of this section —

(a) he shall be guilty of an offence and liable on summary conviction to a

fine not exceeding [level 3 on the standard scale] and to a daily fine not

exceeding ten pounds; and

(b) any authorised officer of the council or constable shall be entitled to

remove and retain the said plate or disc from the said hackney carriage

or private hire vehicle.

.

Amendment

Sub-s (2): first-mentioned maximum fine increased and converted to a level on the

standard scale by virtue of the Criminal Justice Act 1982, ss 37, 38,46.

59 Qualifications for drivers of hackney carriages (1) Notwithstanding anything in

the Act of 1847, a district council shall not grant a licence to drive a hackney

carriage—

(a) unless they are satisfied that the applicant is a fit and proper person to

hold a driver's licence; or

[(b) to any person who has not for at least twelve months been authorised

to drive a motor car, or is not at the date of the application for a driver's

licence so authorised].

1(1A) ...]

[(1A) For the purposes of subsection (1) of this section a person is authorised to

drive a motor car if—

(a) he holds a licence granted under Part III of the Road Traffic Act 1988

(not being a provisional licence) authorising him to drive a motor car,

or (b) he is authorised by virtue of section 99A(1) [or section 109(1)]

of that Act to drive in Great Britain a motor car.]

(2) Any applicant aggrieved by the refusal of a district council to grant a driver's

licence on the ground that he is not a fit and proper person to hold such licence may

appeal to a magistrates' court.

Amendment

Sub-s (I): para (b) substituted by SI 1996/1974, reg 5, Sch 4, para 2(4).

First sub-s (1A): inserted by the Road Traffic Act 1991, s 47(1).

First sub-s (1A): prospectively repealed by the Police Act 1997, s 134, Sch 9, para 34,

Sch 10, as from a day to be appointed. First sub-s (1A): repealed by the Police Act

1997, s 134, Sch 9, para 34, Sch 10.

Date in force: 1 April 1998: see SI 1998/354, art 2(2)(bb).

Second sub-s (1A): inserted by SI 1996/1974, reg 5, Sch 4, para 2(5).

Second sub-s (1A): in para (b) words "or section 109(1)" in square brackets inserted

by SI 1998/1946, art 3.

Date in force: 5 September 1998: see SI 1998/1946, art 1.

60 Suspension and revocation of vehicle licences (1) Notwithstanding anything in

the Act of 1847 or in this Part of this Act, a district council may suspend or revoke, or

(on application therefor under section 40 of the Act of 1847 or section 48 of this Act,

as the case may be) refuse to renew a vehicle licence on any of the following

grounds—

(a) that the hackney carriage or private hire vehicle is unfit for use as a

hackney carriage or private hire vehicle;

(b) any offence under, or non-compliance with, the provisions of the Act

of 1847 or of this Part of this Act by the operator or driver; or

(c) any other reasonable cause.

(2) Where a district council suspend, revoke or refuse to renew any licence under this

section they shall give to the proprietor of the vehicle notice of the grounds on which

the licence has been suspended or revoked or on which they have refused to renew the

licence within fourteen days of such suspension, revocation or refusal.

(3) Any proprietor aggrieved by a decision of a district council under this section

may appeal to a magistrates' court.

61 Suspension and revocation of drivers' licences (1) Notwithstanding anything in

the Act of 1847 or in this Part of this Act, a district council may suspend or revoke or

(on application therefor under section 46 of the Act of 1847 or section 51 of this Act,

as the case may be) refuse to renew the licence of a driver of a hackney carriage or a

private hire vehicle on any of the following grounds—

(a) that he has since the grant of the licence—

(i) been convicted of an offence involving dishonesty, indecency

or violence; or

(ii) been convicted of an offence under or has failed to comply with

the provisions of the Act of 1847 or of this Part of this Act; or

(b) any other reasonable cause.

(2)

(a) Where a district council suspend, revoke or refuse to renew any licence

under this section they shall give to the driver notice of the grounds on

which the licence has been suspended or revoked or on which they

have refused to renew such licence within fourteen days of such

suspension, revocation or refusal and the driver shall on demand return

to the district council the driver's badge issued to him in accordance

with section 54 of this Act.

(b) If any person without reasonable excuse contravenes the provisions of

this section he shall be guilty of an offence and liable on summary

conviction to a fine not exceeding [level 1 on the standard scale].

(3) Any driver aggrieved by a decision of a district council under this section may

appeal to a magistrates' court.

Amendment

Sub-s (2): maximum fine increased and converted to a level on the standard scale by

virtue of the Criminal Justice Act 1982, ss 37, 38,46.

62 Suspension and revocation of operators' licences (1) Notwithstanding anything

in this Part of this Act a district council may suspend or revoke, or (on application

therefor under section 5 5 of this Act) refuse to renew an operator's licence on any of

the following grounds—

(a) any offence under, or non-compliance with, the provisions of this Part

of this Act;

(b) any conduct on the part of the operator which appears to the district

council to render him unfit to hold an operator's licence;

(c) any material change since the licence was granted in any of the

circumstances of the operator on the basis of which the licence was

granted; or

(d) any other reasonable cause.

(2) Where a district council suspend, revoke or refuse to renew any licence under this

section they shall give to the operator notice of the grounds on which the licence has

been suspended or revoked or on which they have refused to renew such licence

within fourteen days of such suspension, revocation or refusal.

(3) Any operator aggrieved by a decision of a district council under this section may

appeal to a magistrates' court.

63 Stands for hackney carriages (1) For the purposes of their functions under the

Act of 1847, a district council may from time to time appoint stands for hackney

carriages for the whole or any part of a day in any highway in the district which is

maintainable at the public expense and, with the consent of the owner, on any land in

the district which does not form part of a highway so maintainable and may from time

to time vary the number of hackney carriages permitted to be at each stand.

(2) Before appointing any stand for hackney carriages or varying the number of

hackney carriages to be at each stand in exercise of the powers of this section, a

district council shall give notice to the chief officer of police for the police area in

which the stand is situated and shall also give public notice of the proposal by

advertisement in at least one local newspaper circulating in the district and shall take

into consideration any objections or representations in respect of such proposal which

may be made to them in writing within twenty-eight days of the first publication of

such notice.

(3) Nothing in this section shall empower a district council to appoint any such

stand —

(a) so as unreasonably to prevent access to any premises;

(b) so as to impede the use of any points authorised to be used in

connection with a [local service within the meaning of the Transport

Act 1985] [or PSV operator's licence granted under [the Public

Passenger Vehicles Act 1981]], as points for the taking up or setting

down of passengers, or in such a position as to interfere unreasonably

with access to any station or depot of any passenger road transport

operators, except with the consent of those operators;

(c) on any highway except with the consent of the highway authority; and

in deciding the position of stands a district council shall have regard to

the position of any bus stops for the time being in use.

(4) Any hackney carriage byelaws for fixing stands for hackney carriages which were

made by a district council before the date when this section comes into force in the

area of the council and are in force immediately before that date shall cease to have

effect, but any stands fixed by such byelaws shall be deemed to have been appointed

under this section.

(5) The power to appoint stands for hackney carriages under subsection (1) of this

section shall include power to revoke such appointment and to alter any stand so

appointed and the expressions "appointing" and "appoint" in subsections (2) and (3)

of this section shall be construed accordingly.

Amendment

Sub-s (3): first words in square brackets substituted by the Transport Act 1985, s 1,

Sch 1, para 2; second words in square brackets substituted by the Transport Act

1980, s 43, Sch 5, Part II, words in square brackets therein substituted by the Public

Passenger Vehicles Act 1981, s 88, Sch 7, para 19.

64 Prohibition of other vehicles on hackney carriage stands (1) No person shall

cause or permit any vehicle other than a hackney carriage to wait on any stand for

hackney carriages during any period for which that stand has been appointed, or is

deemed to have been appointed, by a district council under the provisions of section

63 of this Act.

(2) Notice of the prohibition in this section shall be indicated by such traffic signs as

may be prescribed or authorised for the purpose by the Secretary of State in pursuance

of his powers under [section 64 of the Road Traffic Regulation Act 1984].

(3) If any person without reasonable excuse contravenes the provisions of this section,

he shall be guilty of an offence.

(4) In any proceedings under this section against the driver of a public service vehicle

it shall be a defence to show that, by reason of obstruction to traffic or for other

compelling reason, he caused his vehicle to wait on a stand or part thereof and that he

caused or permitted his vehicle so to wait only for so long as was reasonably

necessary for the taking up or setting down of passengers.

.

Amendment

Sub-s (2): words in square brackets substituted by the Road Traffic Regulation Act

1984, s 146,Schl3,para36.

65 Fixing of fares for hackney carriages (1) A district council may fix the rates or

fares within the district as well for a time as distance, and all other charges in

connection with the hire of a vehicle or with the arrangements for the hire of a

vehicle, to be paid in respect of the hire of hackney carriages by means of a table

(hereafter in this section referred to as a "table of fares") made or varied in accordance

with the provisions of this section.

(2)

(a) When a district council make or vary a table of fares they shall publish

in at least one local newspaper circulating in the district a notice setting

out the table of fares or the variation thereof and specifying the period,

which shall not be less than fourteen days from the date of the first

publication of the notice, within which and the manner in which

objections to the table of fares or variation can be made.

(b) A copy of the notice referred to in paragraph (a) of this subsection

shall for the period of fourteen days from the date of the first

publication thereof be deposited at the offices of the council which

published the notice, and shall at all reasonable hours be open to public

inspection without payment.

(3) If no objection to a table of fares or variation is duly made within the period

specified in the notice referred to in subsection (2) of this section, or if all objections

so made are withdrawn, the table of fares or variations shall come into operation on

the date of the expiration of the period specified in the notice or the date of

withdrawal of the objection or, if more than one, of the last objection, whichever date

is the later.

(4) If objection is duly made as aforesaid and is not withdrawn, the district council

shall set a further date, not later than two months after the first specified date, on

which the table of fares shall come into force with or without modifications as

decided by them after consideration of the objections.

(5) A table of fares made or varied under this section shall have effect for the

purposes of the Act of 1847 as if it were included in hackney carriage byelaws made

thereunder.

(6) On the coming into operation of a table of fares made by a council under this

section for the district, any hackney carriage byelaws fixing the rates and fares or any

table of fares previously made under this section for the district, as the case may be,

shall cease to have effect.

(7) Section 2 3 6(8) (except the words "when confirmed") and section 238 of the

Local Government Act 1972 (except paragraphs (c) and (d) of that section) shall

extend and apply to a table of fares made or varied under this section as they apply to

byelaws made by a district council.

Modification

Modified for certain purposes by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/1386, art 4.

66 Fares for long journeys (1) No person, being the driver of a hackney carriage

licensed by a district council, and undertaking for any hirer a journey ending outside

the district and in respect of which no fare and no rate of fare was agreed before the

hiring was effected, shall require for such journey a fare greater than that indicated on

the taximeter with which the hackney carriage is equipped or, if it is not equipped

with a taximeter, greater than that which, if the current byelaws fixing rates or fares

and in force in the district in pursuance of section 68 of the Act of 1847 or, as the case

may be, the current table of fares in force within the district in pursuance of section 65

of this Act had applied to the journey, would have been authorised for the journey by

the byelaws or table.

(2) If any person knowingly contravenes the provisions of this section, he shall be

guilty of an offence.

Modification

Modified for certain purposes by the Licensed Taxis (Hiring at Separate fares) Order

1986, SI 1986/13 86, art 4.

67 Hackney carriages used for private hire (1) No hackney carriage shall be used in

the district under contract or purported contract for private hire except at a rate of

fares or charges not greater than that fixed by the byelaws or table mentioned in

section 66 of this Act, and, when any such hackney carriage is so used, the fare or

charge shall be calculated from the point in the district at which the hirer commences

his journey.

(2) Any person who knowingly contravenes this section shall be guilty of an offence.

(3) In subsection (1) of this section "contract" means—

(a) a contract made otherwise than while the relevant hackney carriage is

plying for hire in the district or waiting at a place in the district which,

when the contract is made, is a stand for hackney carriages appointed

by the district council under section 63 of this Act; and

(b) a contract made, otherwise than with or through the driver of

the relevant hackney carriage, while it is so plying or waiting.

(c)

Modification

Modified for certain purposes by the Licensed Taxis (Hiring at Separate Fares) Order

1986, SI 1986/1386,art 4.

68 Fitness of hackney carriages and private hire vehicles Any authorised officer of

the council in question or any constable shall have power at all reasonable times to

inspect and test, for the purpose of ascertaining its fitness, any hackney carriage or

private hire vehicle licensed by a district council, or any taximeter affixed to such a

vehicle, and if he is not satisfied as to the fitness of the hackney carriage or private

hire vehicle or as to the accuracy of its taximeter he may by notice in writing require

the proprietor of the hackney carriage or private hire vehicle to make it or its

taximeter available for further inspection and testing at such reasonable time and

place as may be specified in the notice and suspend the vehicle licence until such time

as such authorised officer or constable is so satisfied:

Provided that, if the authorised officer or constable is not so satisfied before the

expiration of a period of two months, the said licence shall, by virtue of this section,

be deemed to have been revoked and subsections (2) and (3) of section 60 of this Act

shall apply with any necessary modifications.

69 Prolongation of journeys (1) No person being the driver of a hackney carriage or

of a private hire vehicle licensed by a district council shall without reasonable cause

unnecessarily prolong, in distance or in time, the journey for which the hackney

carriage or private hire vehicle has been hired.

(2) If any person contravenes the provisions of this section, he shall be guilty of an

offence.

70 Fees for vehicle and operators' licences (1) Subject to the provisions of

subsection

(2) of this section, a district council may charge such fees for the grant of vehicle and

operators' licences as may be resolved by them from time to time and as may be

sufficient in the aggregate to cover in whole or in part —

(a) the reasonable cost of the carrying out by or on behalf of the district

council of inspections of hackney carriages and private hire vehicles

for the purpose of determining whether any such licence should be

granted or renewed;

(b) the reasonable cost of providing hackney carriage stands; and

(c) any reasonable administrative or other costs in connection with the

foregoing and with the control and supervision of hackney carriages

and private hire vehicles.

(2) The fees chargeable under this section shall not exceed —

(a) for the grant of a vehicle licence in respect of a hackney carriage,

twenty-five pounds;

(b) for the grant of a vehicle licence in respect of a private hire vehicle,

twenty-five pounds; and

(c) for the grant of an operator's licence, twenty-five pounds per annum;

or, in any such case, such other sums as a district council may, subject

to the following provisions of this section, from time to time

determine.

(3)

(a) If a district council determine that the maximum fees specified in

subsection (2) of this section should be varied they shall publish in at

least one local newspaper circulating in the district a notice setting out

the variation proposed, drawing attention to the provisions of

paragraph (b) of this subsection and specifying the period, which shall

not be less than twenty-eight days from the date of the first publication

of the notice, within which and the manner in which objections to the

variation can be made.

(b) A copy of the notice referred to in paragraph (a) of this subsection

shall for the period of twenty-eight days from the date of the first

publication thereof be deposited at the offices of the council which

published the notice and shall at all reasonable hours be open to public

inspection without payment.

(4) If no objection to a variation is duly made within the period specified in the notice

referred to in subsection (3) of this section, or if all objections so made are withdrawn,

the variation shall come into operation on the date of the expiration of the period

specified in the notice or the date of withdrawal of the objection or, if more than one,

of the last objection, whichever date is the later.

(5) If objection is duly made as aforesaid and is not withdrawn, the district council

shall set a further date, not later than two months after the first specified date, on

which the variation shall come into force with or without modification as decided by

the district council after consideration of the objections.

(6) A district council may remit the whole or part of any fee chargeable in pursuance

of this section for the grant of a licence under section 48 or 5 5 of this Act in any case

in which they think it appropriate to do so.

71 Taximeters (1) Nothing in this Act shall require any private hire vehicle to be

equipped with any form of taximeter but no private hire vehicle so equipped shall be

used for hire in a controlled district unless such taximeter has been tested and

approved by or on behalf of the district council for the district or any other district

council by which a vehicle licence in force for the vehicle was issued.

(2) Any person who —

(a) tampers with any seal on any taximeter without lawful excuse; or

(b) alters any taximeter with intent to mislead; or

(c) knowingly causes or permits a vehicle of which he is the proprietor to

be used in contravention of subsection (1) of this section. shall be

guilty of an offence.

72 Offences due to fault of other person (1) Where an offence by any person under

this Part of this Act is due to the act or default of another person, then, whether

proceedings are taken against the first-mentioned person or not, that other person may

be charged with and convicted of that offence, and shall be liable on conviction to the

same punishment as might have been imposed on the first-mentioned person if he had

been convicted of the offence.

(2) Section 44(3) of this Act shall apply to an offence under this Part of this Act as it

applies to an offence under Part I of this Act.

73 Obstruction of authorised officers (1) Any person who —

(a) wilfully obstructs an authorised officer or constable acting in

pursuance of this Part of this Act or the Act of 1847; or

(b) without reasonable excuse fails to comply with any requirement

properly made to him by such officer or constable under this Part of

this Act; or

(c) without reasonable cause fails to give such an officer or constable so

acting any other assistance or information which he may reasonably

require of such person for the purpose of the performance of his

functions under this Part of this Act or the Act of 1847; shall be guilty

of an offence.

(2) If any person, in giving any such information as is mentioned in the preceding

subsection, makes any statement which he knows to be false, he shall be guilty of an

offence.

74 Saving for certain businesses Where any provision of this Part of this Act coming

into operation on [the relevant day] requires the licensing of a person carrying on any

business, or of any vehicle used by a person in connection with any business, it shall

be lawful for any person who —

(a) immediately before that day was carrying on that business; and

(b) had before that day duly applied for the licence required by that

provision;

to continue to carry on that business until he is informed of the decision with regard to

his application and, if the decision is adverse, during such further time as is provided

under section 77 of this Act.

[In this section "the relevant day" means —

(a) in relation to a district the whole or part of which ceased to be within

the metropolitan police district by virtue of the coming into force of

section 323 of the Greater London Authority Act 1999 (alteration of

the metropolitan police district), 1st April 2000;

(b) in any other case, a day fixed by resolution under section 45 of this

Act.]

Amendment

Words "the relevant day" in square brackets substituted by SI 2000/412, art 7(1),

(2)(a).

Date in force: 13 March 2000: see SI 2000/412, art 1. Words from "In this section" to

"section 45 of this Act" in square brackets inserted by SI 2000/412, art 7(1), (2)(b).

Date in force: 13 March 2000: see SI 2000/412, art 1.

7 5 Saving for certain vehicles etc (I) Nothing in this Part of this Act shall —

(a) apply to a vehicle used for bringing passengers or goods within a

controlled district in pursuance of a contract for the hire of the vehicle

made outside the district if the vehicle is not made available for hire

within the district;

(b) apply to a vehicle used only for carrying passengers for hire or reward

under a contract for the hire of the vehicle for a period of not less than

seven days;

(c) apply to a vehicle while it is being used in connection with a funeral or

a vehicle used wholly or mainly, by a person carrying on the business

of a funeral director, for the purpose of funerals;

[(cc) apply to a vehicle while it is being used in connection with a wedding;]

(d) require the display of any plate, disc or notice in or on any private hire

vehicle licensed by a council under this Part of this Act during such

period that such vehicle is used for carrying passengers for hire or

reward—

(i) ...

(ii) under a contract for the hire of the vehicle for a period of not

less than 24 hours.

(2) Paragraphs (a), (b) and (c) of section 46(1) of this Act shall not apply to the use or

driving of a vehicle or to the employment of a driver of a vehicle while the vehicle is

used as a private hire vehicle in a controlled district if a licence issued under section

48 of this Act by the council whose area consists of or includes another controlled

district is then in force for the vehicle and a driver's licence issued by such a council is

then in force for the driver of the vehicle.

[(2A) Where a vehicle is being used as a taxi or private hire car, paragraphs (a),

(b) and (c) of section 46(1) of this Act shall not apply to the use or driving of the

vehicle or the employment of a person to drive it if—

(a) a licence issued under section 10 of the Civic Government

(Scotland) Act 1982 for its use as a taxi or, as the case may be,

private hire car is then in force, and

(b) the driver holds a licence issued under section 13 of that Act for

the driving of taxis or, as the case may be, private hire cars.

In this subsection, "private hire car" and "taxi" have the same meaning as in sections

10 to 22 of the Civic Government (Scotland) Act 1982.]

[(2B) Paragraphs (a), (b) and (c) of section 46(1) of this Act shall not apply to the use

or driving of a vehicle, or to the employment of a driver of a vehicle, if—

(a) a London PHV licence issued under section 7 of the Private Hire

Vehicles (London) Act 1998 is in force in relation to that vehicle; and

(b) the driver of the vehicle holds a London PHV driver's licence issued

under section 13 of that Act.]

(3) Where a licence under section 48 of this Act is in force for a vehicle, the council

which issued the licence may, by a notice in writing given to the proprietor of the

vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to

the vehicle on any occasion specified in the notice or shall not so apply while the

notice is carried in the vehicle; and on any occasion on which by virtue of this

subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall

not apply to the driver of the vehicle.

Amendment

Sub-s (I): para (cc) inserted and para (d)(i) repealed by the Transport Act 1985, s

139(2), Sch 7.

Sub-s (2A): inserted by the Civic Government (Scotland) Act 1982, s 16.

Sub-s (2B): inserted by the Private Hire Vehicles (London) Act 1998, s 39(1), Sch 1,

para 1.

Date in force: to be appointed: see the Private Hire Vehicles (London) Act 1998, s

40(2).

76 Penalties Any person who commits an offence against any of the provisions of this

Part of this Act in respect of which no penalty is expressly provided shall be liable on

summary conviction to a fine not exceeding [level 3 on the standard scale].

Amendment

Maximum fine increased and converted to a level on the standard scale by virtue of

the Criminal Justice Act 1982, ss 37, 38, 46.

77 Appeals (1) Sections 300 to 302 of the Act of 1936, which relate to appeals, shall

have effect as if this Part of this Act were part of that Act. (2) If any requirement,

refusal or other decision of a district council against which a right of appeal is

conferred by this Act —

(a) involves the execution of any work or the taking of any action; or

(b) makes it unlawful for any person to carry on a business which he was

lawfully carrying on up to the time of the requirement, refusal or

decision;

then, until the time for appealing has expired, or, when an appeal is lodged, until the

appeal is disposed of or withdrawn or fails for want of prosecution —

(i) no proceedings shall be taken in respect of any failure to execute the

work, or take the action; and

(ii) that person may carry on that business.

78 Application of provisions of Act of 1936 Subsection (1) of section 283 and

section 304 of the Act of 1936 shall have effect as if references therein to that Act

included a reference to this Part of this Act.

79 Authentication of licences Notwithstanding anything in section 43 of the Act of

1847, any vehicle or driver's licence granted by a district council under that Act, or

any licence granted by a district council under this Part of this Act, shall not be

required to be under the common seal of the district council, but if not so sealed shall

be signed by an authorised officer of the council.

80 Interpretation of Part II (1) In this Part of this Act, unless the subject or context

otherwise requires —

"the Act of 1847 " means the provisions of the Town Police Clauses Act 1847

with respect to hackney carriages;

"the Act of 1936" means the Public Health Act 1936;

"authorised officer" means any officer of a district council authorised in

writing by the council for the purposes of this Part of this Act;

"contravene" includes fail to comply;

["controlled district" means any area for which this Part of this Act is in force

by virtue of—

(a) a resolution passed by a district council under section 45 of this

Act; or

(b) section 255(4) of the Greater London Authority Act 1999;]

"daily fine" means a fine for each day during which an offence continues after

conviction thereof;

"the district", in relation to a district council in whose area the provisions of

this Part of this Act are in force, means—

(a) if those provisions are in force throughout the area of the

council, that area; and

(b) if those provisions are in force for part only of the area of the

council, that part of that area;

"driver's badge" means, in relation to the driver of a hackney carriage, any

badge issued by a district council under byelaws made under section 68 of the

Act of 1847 and, in relation to the driver of a private hire vehicle, any badge

issued by a district council under section 54 of this Act;

"driver's licence" means, in relation to the driver of a hackney carriage, a

licence under section 46 of the Act of 1847 and, in relation to the driver of a

private hire vehicle, a licence under section 51 of this Act;

"hackney carriage" has the same meaning as in the Act of 1847;

"hackney carriage byelaws" means the byelaws for the time being in force in

the controlled district in question relating to hackney carriages;

["London cab" means a vehicle which is a hackney carriage within the

meaning of the Metropolitan Public Carriage Act 1869;]

"operate" means in the course of business to make provision for the invitation

or acceptance of bookings for a private hire vehicle;

"operator's licence" means a licence under section 55 of this Act;

"private hire vehicle" means a motor vehicle constructed or adapted to seat

[fewer than nine passengers], other than a hackney carriage or public service

vehicle [or a London cab] [or tramcar], which is provided for hire with the

services of a driver for the purpose of carrying passengers;

"proprietor" includes a part-proprietor and, in relation to a vehicle which is the

subject of a hiring agreement or hire-purchase agreement, means the person in

possession of the vehicle under that agreement;

"public service vehicle" has the same meaning as in [the Public Passenger

Vehicles Act 1981];

"taximeter" means any device for calculating the fare to be charged in respect

of any journey in a hackney carriage or private hire vehicle by reference to the

distance travelled or time elapsed since the start of the journey, or a

combination of both; and

"vehicle licence" means in relation to a hackney carriage a licence under

sections 37 to 45 of the Act of 1847 [in relation to a London cab a licence

under section 6 of the Metropolitan Public Carriage Act 1869] and in relation

to a private hire vehicle means a licence under section 48 of this Act.

(2) In this Part of this Act references to a licence, in connection with a controlled

district, are references to a licence issued by the council whose area consists of or

includes that district, and "licensed" shall be construed accordingly.

(3) Except where the context otherwise requires, any reference in this Part of this Act

to any enactment shall be construed as a reference to that enactment as applied,

extended, amended or varied by, or by virtue of, any subsequent enactment including

this Act.

[(4) In this Part of this Act, except where the context otherwise requires, references

to a district council shall, in relation to Wales, be construed as references to a county

council or county borough council.]

Amendment

Sub-s (I): definition "the Act of 1972 " (omitted) repealed by the Road Traffic

(Consequential Provisions) Act 1988, s 3(1), Sch 1, PtI.

Sub-s (I): definition "controlled district" substituted by SI 2000/412, art 7(1), (3).

Date in force: 13 March 2000: see SI 2000/412, art 1.

Sub-s (I): definition "London cab" inserted by the Transport Act 1985,s 139(2), Sch 7,

para 17(3).

Sub-s (I): in definition "private hire vehicle" words "fewer than nine passengers" in

square brackets substituted by the Transport Act 1980, s 43, Sch 5, Pt II.

Sub-s (I): in definition "private hire vehicle" words "or a London cab" in square

brackets inserted by the Transport Act 1985, s 139(2), Sch 7, para 17(3).

Sub-s (I): in definition "private hire vehicle" words "or tramcar" in square brackets

inserted by the Transport and Works Act 1992, s 62(3).

Sub-s (I): in definition "public service vehicle" words "the Public Passenger Vehicles

Act 1981" in square brackets substituted by the Public Passenger Service Vehicles Act

1981, s 88, Sch 7, para 20.

Sub-s (I): in definition "vehicle licence" words from "in relation to" to "Metropolitan

Public Carriage Act 1869" in square brackets inserted by the Transport Act 1985,

s139(2), Sch 7, para 17(3).

Sub-s (4): inserted by SI 1996/3071, art 2, Schedule, para 1(8).