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Halsbury's laws of england Common carriers, classification of carriers, Hackney carriages.

505. Hackney carriages.

Within the metropolitan police district1 and the City of London2, drivers of hackney carriages3 are obliged to carry a reasonable quantity of passengers’ luggage4, and are therefore regarded as common carriers of that luggage5. Outside that area, although there may well be a statutory obligation to carry passengers6, there is no express obligation to carry their luggage, and in a particular case it may be doubtful whether the proprietor is a common carrier or a private carrier7.

1 As to the metropolitan police district see POLICE vol 36(1) (Reissue) para 202.

2 As to the City of London see LONDON GOVERNMENT vol 29(2) (Reissue) para 31.

3 For these purposes, the term ‘hackney carriage’ or ‘cab’ means any carriage for the conveyance of passengers which plies for hire and is neither a stage carriage nor a tramcar: see the Metropolitan Public Carriage Act 1869 s 4 (amended by the Transport and Works Act 1992 s 62(1)); the London Cab Act 1896 s 3; the London Cab and Stage Carriage Act 1907 s 6(1) (amended by the Greater London Authority Act 1999 s 253, Sch 20 Pt I paras 5(a), (b), 6(1), Pt II para 15(4)); and the London Cab and Stage Carriage Act 1907 s 6(2) (amended by the Statute Law Revision Act 1907; and the Statute Law (Repeals) Act 1976).

A hackney carriage is not a ‘public service vehicle’ within the meaning of the Public Passenger Vehicles Act 1981 s 1 (see ROAD TRAFFIC vol 40(2) (Reissue) para 818), the provisions of the Hackney Carriage Acts having been repealed, so far as they related to public service vehicles, by the Road Traffic Act 1930 s 122, Sch 5 (repealed). Thus a hackney carriage is generally a motor taxi-cab carrying fewer than eight passengers, or, rarely, a horse-drawn vehicle carrying passengers for payment. As to public service vehicles see ROAD TRAFFIC vol 40(2) (Reissue) para 818 et seq; and as to hackney carriages see ROAD TRAFFIC vol 40(2) (Reissue) para 1052 et seq.

4 See the London Hackney Carriage Act 1853 ss 10, 20 (both as amended); and ROAD TRAFFIC vol 40(2) (Reissue) para 1110. As to the carriage of passengers’ luggage cf paras 614–616 post.

5 As to common carriers see paras 503 ante, 541 et seq post.

6 See the Town Police Clauses Act 1847 ss 52, 53 (both as amended); and ROAD TRAFFIC vol 40(2) (Reissue) para 1066.

7 As to private carriers see paras 506–507, 572 et seq post; and as to the liability of a ‘coachman’ for the luggage he carries see also Lovett v Hobbs (1680) 2 Show 127

So am I a stage carriage or a tramcar?

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IDFIMH

OMINIBUSES OUTSIDE LONDON

Meaning of ‘omnibus.

The term ‘omnibus’ includes every omnibus, char-a-banc, wagonette, brake, stage coach, and other carriage plying or standing for hire by or used to carry passengers at separate fares, to, from or in any part of the prescribed distance. The term ‘omnibus’ does not include:

(1) any tramcar or tram carriage;

(2) any carriage starting from and previously hired for the particular passengers thereby carried at any livery stable yard (within the prescribed distance) where horses are stabled and carriages let for hire, the carriage starting from the stable yard and being bona fide the property of the occupier, not standing or plying for hire within the prescribed distance.

(3) any omnibus belonging to or hired or used by any railway company for conveying passengers and their luggage to or from any railway station of that company, not standing or plying for hire within the prescribed distance; or

(4) any omnibus starting from outside the prescribed distance, and not standing or plying for hire within the prescribed distance.

1 As to plying for hire with an omnibus see the Roads Act 1920 s 14 (amended by the Statute Law Revision Act 1927; the Road Traffic Act 1930 s 122, Sch 5; and the Vehicles (Excise) Act 1949 s 30, Sch 7).
2 As to separate fares see para 818 note 7 ante.
3 Town Police Clauses Act 1889 s 3. As to the ‘prescribed distance’ see para 1055.

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