Office of Public Sector Information
PART II continued
(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.
C1S. 60: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B3
(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.
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 [F1level 1 on the standard scale].
[F2(2A)Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section.
(2B)If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.]
(3)Any driver aggrieved by a decision of a district council under [F3subsection (1) of] this section may appeal to a magistrates’ court.
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F2S. 61(2A)(2B) inserted (16.3.2007) by Road Safety Act 2006 (c. 49), ss. 52(2), 61; S.I. 2007/466, art. 2
F3Words in s. 61(3) inserted (16.3.2007) by Road Safety Act 2006 (c. 49), ss. 52(3), 61; S.I. 2007/466, art. 2
C1S. 61: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B4
(1)Notwithstanding anything in this Part of this Act a district council may suspend or revoke, or (on application therefor under section 55 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.
C1S. 62: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B5
(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 [F1local service within the meaning of the Transport Act 1985][F2or PSV operator’s licence granted under [F3the 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.
F1Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1, Sch. 1
F2Words substituted by Transport Act 1980 (c. 34, SIF 107:1), s. 43(1), Sch. 5
F3Words substituted by virtue of Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 88(2), Sch. 7 para. 19
C1S. 63 extended (13.3.2000) by S.I. 2000/412, art. 6(1)(2)
(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 [F1section 64 of the M1Road 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.
F1Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 36
M11984 c. 27.
(1)A district council may fix the rates or fares within the district as well for 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.
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 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.
(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 236(8) (except the words “when confirmed”) and section 238 of the M1Local 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.
(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 bylaws or table.
(2)If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.
(1)No hackney carriage shall be used in the district under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or tables 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.
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.
(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 vehicle has been hired.
(2)If any person contravenes the provisions of this section, he shall be guilty of an offence.
(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.
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 55 of this Act in any case in which they think it appropriate to do so.
(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.
(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.
(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.
Where any provision of this Part of this Act coming into operation on [F1the 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.
[F2In 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.]
F1Words in s. 74 substituted (13.3.2000) by S.I. 2000/412, art. 7(2)(a)
F2Words in s. 74 inserted (13.3.2000) by S.I. 2000/412, art. 7(2)(b)
(1)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)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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;
[F2(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—
F3(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.
[F4(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.]
[F5(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.
F1S. 75(1)(b) omitted (28.1.2008) by virtue of Road Safety Act 2006 (c. 49), ss. 53, 61; S.I. 2007/3492, art. 2 and repealed (prosp.) by Road Safety Act 2006 (c. 49), s. 59, Sch. 7(17)
F2S. 75(1)(cc) inserted by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 17(2)
F3S. 75(1)(d)(i) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 17(2)
F4S. 75(2A) inserted after subsection (2) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), ss. 16, 22, 23
F5S. 75(2B) inserted (8.6.2004) by 1998 c. 34, ss. 39(1), 40(2), Sch. 1 para. 1 (with s. 29); S.I. 2004/241, art. 2(2)
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 [F1level 3 on the standard scale].
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
(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.
[F1(3)Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.]
F1S. 77(3) inserted (16.3.2007) by Road Safety Act 2006 (c. 49), ss. 52(4), 61; S.I. 2007/466, art. 2
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.
Notwithstanding anything in section 43 of the Act of 1847, any vehicle licence 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.
C1S. 79: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B3-5
(1)In this Part of this Act, unless the subject or context otherwise requires—
“the Act of 1847” means the provisions of the M1Town Police Clauses Act 1847 with respect to hackney carriages;
“the Act of 1936” means the M2Public Health Act 1936;
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
[F2“controlled district” means any area for which this Part of this Act is in force by virtue of—
a resolution passed by a district council under section 45 of this Act; or
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—
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;
“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;
[F3“London cab” means a vehicle which is a hackney carriage within the meaning of the Metropolitan Public Carriage Act M31869;]
“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 [F4fewer than nine passengers], other than a hackney carriage or public service vehicle [F5or a London cab][F6or 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 [F7the M4 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 [F8in 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.
Local Government (Miscellaneous Provisions) Act 1976