Part II Hackney carriages and private hire vehicles

45 Application of Part II

(1)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 part 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 [F1or 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 the vehicle a current licence under the 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.

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.

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:

(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 [F1Part 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 the 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.

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 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.

49 Transfer of hackney carriages and private hire vehicles

(1)If the proprietor of a hackney carriage or of 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:

(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 [F1section 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 [F2Part 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.

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:

F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(1)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) [F4or 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.

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

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 M1Public Health Act 1875 and the M2Town 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.

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:

(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 conditions 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 55 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 council 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 address or addresses 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

(b)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 [F1level 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.

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

[F1(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.]

[F2(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) [F3or section 109(1)]of that Act to drive in Great Britain a motor car.]

F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 magistrate’s court.