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BYELAWS


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Byelaws.

A district council may make byelaws, in respect of hackney carriages for all or any of the following purposes:

(1) for regulating the conduct of the proprietors and drivers of such vehicles in their several employments, and for determining whether such drivers should wear any and what badges, and for regulating the hours within which they may exercise their calling;

(2) for regulating the manner in which the number of each carriage, corresponding with the number of its licence, is to be displayed;

(3) 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;

(4) for fixing the stands of such hackney carriages and the distance which they may be compelled to take passengers not exceeding the prescribed distance;

(5) 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;

(6) for securing the safe custody and redelivery of any property accidentally left in such vehicles, and for fixing the charges to be made in respect of it.

12 Ibid s 68; Town Police Clauses Act 1889 s 6. As to the conduct of proprietors and drivers see Blackpool Local Board of Health v Bennett (1859) 4 H & N 127 (plying for hire at forbidden place); Mackenzie v Somerville (1900) 3 F 4, Ct of Sess (loitering); Murphy v Neilson (1901) 3 F 77, Ct of Sess (loitering); Derham v Strickland (1911) 104 LT 820, DC (touting); Dunning v Maher (1912) 106 LT 846, DC (provision of taximeter lamps).

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Stands for hackney carriages.

A district council may make byelaws fixing the stands for hackney carriages.

For the purposes of its functions under the Town Police Clauses Act 1847, a district council for an area to which Part II of the Local Government (Miscellaneous Provisions) Act 1976 applies 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.

Before appointing any stand for hackney carriages or varying the number of hackney carriages to be at each stand, a district council must give notice to the chief officer of police for the police area in which the stand is situated and must also give public notice of the proposal by advertisement in at least one local newspaper circulating in the district and must take into consideration any objections or representations in respect of such proposal which may be made to it in writing within 28 days of the first publication of such notice.

Nothing can empower a district council to appoint any such stand:

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

(2) 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;

(3) on any highway except with the consent of the highway authority, and in deciding the position of stands a district council must have regard to the position of any bus stops for the time being in use.

Any hackney carriage byelaws for fixing stands for hackney carriages which were made by a district council before a certain date in the area of the council and were in force immediately before that date cease to have effect, but any stands fixed by such byelaws are deemed to have been appointed.

1 As to the devolution of powers to district councils see para 1053 ante.

2 As to byelaws see para 1059 ante. As to the effect on existing byelaws of the passing by a district council of a resolution bringing into force within its area the provisions of the Local Government (Miscellaneous Provisions) Act 1976 Pt II (ss 45–80) (as amended) see the text and notes 22–24 infra.

3 Town Police Clauses Act 1847 s 68. A byelaw may not fix the site of the stand or starting place of any hackney carriage on railway property without the consent of the railway company: see para 1055 note 4 ante. A byelaw need not define the position of a stand otherwise than as such stand as may from time to time be indicated by notice boards: Blackpool Local Board of Health v Bennett (1859) 4 H & N 127. Byelaws may prohibit plying for hire in forbidden places, touting and loitering: see the Town Police Clauses Act 1847 s 68 and the cases cited in para 1066 note 6 post. For the meaning of 'hackney carriage' see para 1055 ante.

4 As to the application of the Town Police Clauses Act 1847 see para 1053 ante.

5 As to the meaning of 'district council' see para 1054 note 5 ante.

6 Ie the Local Government (Miscellaneous Provisions) Act 1976 Pt II (as amended).

7 As to the application of ibid Pt II (as amended) see para 1054 ante.

8 The power to appoint stands for hackney carriages under ibid s 63(1) includes power to revoke such appointment and to alter any stand so appointed, and 'appointing' and 'appoint' in s 63(2) (see note 14 infra), (3) (see notes 16–21 infra) are to be construed accordingly: s 63(5).

9 'The district', in relation to a district council in whose area the provisions of ibid Pt II (as amended) are in force, means if those provisions are in force throughout the area of the council, that area, and if those provisions are in force for part only of the area of the council, that part of that area: s 80(1).

10 As to highways maintainable at the public expense see HIGHWAYS, STREETS AND BRIDGES vol 21 (Reissue) para 51.

11 Local Government (Miscellaneous Provisions) Act 1976 s 63(1).

12 Ie in exercise of the powers of ibid s 63 (as amended).

13 For the meaning of 'chief officer of police' see POLICE vol 36(1) (Reissue) para 205.

14 Local Government (Miscellaneous Provisions) Act 1976 s 63(2).

15 Ie nothing in ibid s 63 (as amended).

16 Ibid s 63(3)(a).

17 For the meaning of 'local service' within the meaning of the Transport Act 1985 see s 2; and para 859 ante.

18 As to the granting of PSV operator's licences see the Public Passenger Vehicles Act 1981 s 12 (as amended); and para 826 ante.

19 Local Government (Miscellaneous Provisions) Act 1976 s 63(3)(b).

20 Ibid s 63(3)(c). As to highway authorities see HIGHWAYS, STREETS AND BRIDGES vol 21 (Reissue) para 45 et seq.

21 Ibid s 63(3) (amended by the Transport Act 1980 s 43, Sch 5 Pt II; the Public Passenger Vehicles Act 1981 s 88, Sch 7 para 19; and the Transport Act 1985 s 1, Sch 1 para 2).

22 'Hackney carriage byelaws' means the byelaws for the time being in force in the controlled district in question relating to hackney carriages: Local Government (Miscellaneous Provisions) Act 1976 s 80(1). 'Controlled district' means an area for which Pt II (as amended) is in force by virtue of (1) a resolution passed by a district council under s 45; or (2) the Greater London Authority Act 1999 s 255(4): Local Government (Miscellaneous Provisions) Act 1976 s 80(1) (amended by the Greater London Authority Act 1999 (Hackney Carriages and Private Hire Vehicles) (Transitional and Consequential Provisions) Order 2000, SI 2000/412, art 7(3)).

23 Ie before the date when the Local Government (Miscellaneous Provisions) Act 1976 s 63 (as amended) comes into force: see s 45; and para 1054 ante.

24 Ibid s 63(4). The reference in the text to stands which must be deemed to have been appointed is to those deemed to have been appointed under s 63 (as amended).

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