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Application of hackney carriage legislation to omnibuses.

The several terms ‘hackney carriages’, ‘hackney coach’, ‘carriages’, and ‘carriage’, whenever used in certain provisions of the Town Police Clauses Act 1847 are deemed to include every omnibus.

The power to make byelaws for specified purposes in relation to omnibuses is conferred by the Town Police Clauses Act 1889.

The Town Police Clauses Act 1889 was, however, repealed by the Road Traffic Act 1930 so far as it related to public service vehicles, the definition of which was limited to motor vehicles. Accordingly, the Town Police Clauses Act 1889 is now virtually obsolete since it only applies to omnibuses falling within the statutory definition which are not motor vehicles.

1 For the meaning of ‘hackney carriage’ see para 1055 ante.
2 The specified provisions of the Town Police Clauses Act 1847 are ss 37, 40–52, 54, 58, 60–66 (all as amended): Town Police Clauses Act 1889 s 4(1). The Town Police Clauses Act 1889 is to be construed as one with the Town Police Clauses Act 1847: Town Police Clauses Act 1889 s 2(1). The Town Police Clauses Act 1889 is also deemed to be incorporated with the Public Health Act 1875 by s 171 (as amended): Town Police Clauses Act 1889 s 2(2).

3 Ie notwithstanding anything contained in the Town Police Clauses Act 1847 s 38: see para 1055 ante.

4 Town Police Clauses Act 1889 s 4(1).

5 See ibid ss 4(3), 6; and para 1059 ante.

6 See the Road Traffic Act 1930 s 122, Sch 5 (repealed).

7 See ibid s 121 (repealed).

8 See para 1091 ante.

9 In practice this means horse-drawn omnibuses. However, byelaws have been made in relation to pedal rickshaws carrying passengers at separate fares.

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