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Licensing of vehicles as hackney carriages. http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=1&t=2872	Page 1 of 1

Author:	JD [ Tue Nov 29, 2005 3:46 am ]
Post subject:	Licensing of vehicles as hackney carriages.
In response to information requested. Licensing of vehicles as hackney carriages. Each hackney carriage1 requires a separate licence2 which must, except in relation to an area to which Part II of the Local Government (Miscellaneous Provisions) Act 19763 applies, be under the seal of the district council4 and must specify the name and surname and place of abode of every person who is a proprietor or part proprietor of the vehicle or person concerned in keeping or hiring it, the number corresponding with that to be affixed to the vehicle and such other particulars as the council thinks fit5. A requisition for a licence, in such form as the council provides, must be made and signed by the proprietor or one of the proprietors, as the case may be, and must give those details required to be recorded on the licence6. The licence must be made out by the proper officer of the council7 and entered in a register which is to be open for inspection by any person, without fee, at all reasonable times, and is to contain spaces for recording any offences by the proprietor, driver or conductor of, or any person attending, the vehicle8. Notice of any change of abode must be given within seven days, and the licence must be produced for the necessary changes to be endorsed on it. A district council10 for an area to which the Local Government (Miscellaneous Provisions) Act 1976 applies may attach to the grant of a licence of a hackney carriage under the Town Police Clauses Act 1847 such conditions as the district council may consider reasonably necessary12. Without prejudice to the generality of the foregoing, a district council may require any hackney carriage licensed by it under the Town Police Clauses Act 1847 to be of such design or appearance or bear such distinguishing marks as must clearly identify it as a hackney carriage13. Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court. A licence for a vehicle normally enures for a year from its date, or until the next annual licensing day, where one is fixed15, but it may be granted for any less period specified in it16. The grant of a licence for a vehicle may be refused for the purpose of limiting the number of hackney carriages in respect of which licences are granted, if, but only if, the person authorised to grant the licence is satisfied that there is no significant demand for the services of hackney carriages (within the area to which the licence would apply) which is unmet. 1 For the meaning of 'hackney carriage' see para 1055 ante. 2 The licence attaches to the vehicle and not to the proprietor and, therefore, when the vehicle changes hands, the new owner is entitled to have his name and address entered on the licence and in the register: R v Weymouth Borough Council, ex p Teletax (Weymouth) Ltd [1947] KB 583, [1947] 1 All ER 779, DC. A proprietor of a hackney carriage in respect of which a vehicle licence has been granted by a district council must notify the council in writing of the name and address of any person to whom he transfers his interest in the vehicle within 14 days after the transfer: see the Local Government (Miscellaneous Provisions) Act 1976 s 49(1); and para 1076 post. Failure to do so is an offence: see s 49(2); and para 1097 post. The reference in the text to a licence is to one under the Town Police Clauses Act 1847 s 37 (as amended) for a hackney carriage to ply for hire within the prescribed distance: see para 1055 note 3 ante. As to the charging of fees for the grant of licences see the Local Government (Miscellaneous Provisions) Act 1976 s 70; and para 1086 post. Where s 70 is not in force in a district, the council may charge a fee by virtue of the Transport Act 1981 s 35(3). As to hackney carriage licences which may be granted see para 1056 ante. 3 Ie the Local Government (Miscellaneous Provisions) Act 1976 Pt II (ss 45–80) (as amended). As to the application of Pt II (as amended) see para 1054 ante. 4 See the Town Police Clauses Act 1847 s 43. As to the derivation of powers of local authorities under that Act see para 1053 ante. As to the authentication of licences in areas to which the Local Government (Miscellaneous Provisions) Act 1976 Pt II (as amended) applies see para 1090 post. 5 Ibid s 41. A licensee who ceases to be one of the proprietors is entitled to have his name removed: Hodges v London Trams Omnibus Co (1883) 12 QBD 105, DC. As to the transfer of licences see the Local Government (Miscellaneous Provisions) Act 1976 s 49; and para 1076 post. 6 Town Police Clauses Act 1847 s 40. It is an offence when applying for a licence for a hackney carriage or an omnibus to include in the requisition the name of any person who is not a proprietor or part proprietor or is not concerned in the keeping or hiring of the vehicle, or wilfully to omit to specify in it truly the name of any person who is a proprietor or part proprietor or is concerned in the keeping or hiring of the vehicle: see s 40. A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 1 on the standard scale: s 40 (amended by virtue of the Criminal Justice Act 1982 ss 38, 46). As to the standard scale see para 29 note 3 ante. 7 Town Police Clauses Act 1847 s 42. 8 Ibid s 42. 9 Ibid s 44. It is an offence for a licensed proprietor of a hackney carriage or omnibus, on changing his abode, to fail duly to give notice of the change or to produce the licence for endorsement: s 44. A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 1 on the standard scale: s 40 (amended by virtue of the Criminal Justice Act 1982 ss 38, 46). 10 As to the meaning of 'district council' see para 1054 note 5 ante. 11 Ie the Local Government (Miscellaneous Provisions) Act 1976 Pt II (as amended). 12 Ibid s 47(1). 13 Ibid s 47(2). 14 See ibid s 47(3); and para 1088 post. A local authority can appeal as an aggrieved person against the decision of justices to allow an appeal against the authority's decision to revoke the licence of a hackney carriage driver: Cook v Southend Borough Council [1990] 2 QB 1, [1990] 1 All ER 243, CA. 15 Town Police Clauses Act 1847 s 43. 16 Town Police Clauses Act 1889 s 5. 17 See the Transport Act 1985 s 16. See generally the Department of Transport Circular 3/85 (1985) paras 26, 27. As to whether a council may defer a decision on an application whilst it assesses whether there is unmet demand see R v Reading Borough Council, ex p Egan [1990] RTR 399n, not followed in Ghafoor v Wakefield Metropolitan District Council [1990] RTR 389; and R v Middlesborough Borough Council, ex p IJH Cameron (Holdings) [1992] COD 247. Decisions by licensing authorities not to limit the number of hackney carriage licences issued were upheld in R v Great Yarmouth Borough Council, ex p Sawyer [1989] RTR 297n, CA. In satisfying itself that there is no unmet demand a broader approach is legitimate: Stevenage Borough Council v Younas [1990] RTR 405n; R v Great Yarmouth Borough Council, ex p Sawyer [1989] RTR 297n. In considering an appeal against the decision of a council to refuse a licence on the ground that it was satisfied that there was not significant unmet demand, the Crown Court is entitled to take a different view from the council in deciding whether to exercise the power conferred by the Transport Act 1985 s 16: Cannock Chase District Council v Aldritt (28 January 1993) Lexis, Enggen Library, Cases File, DC.

Author:	JD [ Tue Nov 29, 2005 3:56 am ]
Post subject:
Hackney carriage licences which may be granted. A district council may from time to time license hackney carriages to ply for hire within the prescribed distance and persons to act as drivers of licensed hackney carriages. In granting or refusing licences the council must exercise a just and reasonable discretion, and in the case of drivers may require the applicant to attend in person. 1 Ie a district council in England or a county council or county borough council in Wales in whose area the Town Police Clauses Act 1847 and (but not necessarily) the Local Government (Miscellaneous Provisions) Act 1976 are in force: see paras 1053–1054 ante. As to the devolution of powers to district councils in respect of hackney carriages see para 1053 ante. 2 For the meaning of 'hackney carriage' see para 1055 ante. 3 As to the meaning of 'ply for hire' see para 1055 note 3 ante. 4 See the Town Police Clauses Act 1847 s 37 (amended by Transport Act 1985 ss 16(a), 139(3), Sch 8. For the meaning of the 'prescribed distance' see para 1055 note 5 ante. 5 See the Town Police Clauses Act 1847 s 46 (amended by Local Government, Planning and Land Act 1980 s 1(6), Sch 6 para 1). The Town Police Clauses Act 1847 s 46 (as amended) does not apply to a person driving a hackney carriage licensed under that Act for the purpose of or in connection with: (1) any test of the mechanical condition or fitness of the hackney carriage or its equipment carried out for the purposes of the Road Traffic Act 1988 s 45 (as amended) (see para 431 ante) (tests of satisfactory condition of vehicles other than goods vehicles) or for the purposes of any requirements with respect to such condition or fitness imposed by or under any other enactment (Transport Act 1985 s 139(2), Sch 7 para 3(a)) (amended by the Road Traffic (Consequential Provisions) Act 1988 s 4, Sch 3 para 31); or (2) any test of that person's competence to drive a hackney carriage carried out for the purposes of any application made by him for a licence to drive a hackney carriage (Transport Act 1985 Sch 7 para 3(b)) (amended by the Road Traffic (Consequential Provisions) Act 1988 Sch 3 para 31). 6 R v Blackpool Corpn (1899) Times, 7 December, DC; R v Barry District Council, ex p Jones (1900) 16 TLR 565, DC; R v Brighton Corpn, ex p Thomas Tilling Ltd (1916) 85 LJKB 1552, DC. The council must be prepared to hear from both the applicant and any other person whose interests might be affected: R v Liverpool Corpn, ex p Liverpool Taxi Fleet Operators' Association [1972] 2 QB 299, sub nom Re Liverpool Taxi Owners' Association [1972] 2 All ER 589, CA. It is doubtful whether the fares to be charged can be taken into account on an application, since these are regulated by the authority: R v Farnborough UDC, ex p Aldershot District Traction Co [1920] 1 KB 234, DC, as explained and distinguished in R v Minister of Transport, ex p HC Motor Works Ltd [1927] 2 KB 401, DC. As to the fixing of hackney carriage fares see para 1062 post. 7 Banton v Davies (1891) 56 JP 294, DC. As to the information a council may request from drivers of hire cars or hackney carriages see the Local Government (Miscellaneous Provisions) Act 1976 s 57(1), (2)(a); and paras 1058 note 10 post. As to the information that may be requested from operators of private hire vehicles see s 57(1), (2)(b), (c); and para 1080 post. UPDATE 1056 Hackney carriage licences which may be granted note 4—A district council has no power to impose further restrictions on a licence-holder plying for trade where he has been issued with a licence in respect of a prescribed distance: R (on the application of Maud) v Castle Point BC [2002] EWCA Civ 1526, [2003] LGR 47. Councillors have an unfettered discretion to issue taxi licenses under the 1847 Act s 37: R (on the application of Johnson) v Reading BC [2004] EWHC 765 (Admin), [2004] ACD 284.

Author:	JD [ Tue Nov 29, 2005 4:09 am ]
Post subject:
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. 1 As to the devolution of powers to district councils see para 1053 ante. 2 As to byelaws generally see LOCAL GOVERNMENT. 3 For the meaning of 'hackney carriage' see para 1055 ante. 4 Town Police Clauses Act 1847 s 68. 5 Ibid s 68. 6 Ibid s 68. As to the number of a licence see the Town Police Clauses Act 1847 s 41 (see para 1057 ante); and Eccles v Kirke [1949] 1 All ER 428. 7 Town Police Clauses Act 1847 s 68. 8 As to hackney carriage stands see para 1060 post. 9 Town Police Clauses Act 1847 s 68. As to the 'prescribed distance' see para 1055 note 5 ante. 10 As to the fixing of fares for hackney carriages see para 1062 post. 11 Town Police Clauses Act 1847 s 68. 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).

Author:	jeff daggers [ Tue Nov 29, 2005 12:53 pm ]
Post subject:
STATUTE LAW Vehicle Excise and Registration Act 1994 (c. 22) Part III Hackney carriages 3.—(1) The annual rate of vehicle excise duty applicable to a hackney carriage (not being a vehicle for which the annual rate of duty is specified by Part II) is— (a) £130 if its seating capacity is under nine, (b) £150 if its seating capacity is nine to sixteen, (c) £200 if its seating capacity is seventeen to thirty-five, (d) £300 if its seating capacity is thirty-six to sixty, and (e) £450 if its seating capacity is over sixty. (2) For the purpose of sub-paragraph (1) the seating capacity of a hackney carriage shall be determined in accordance with regulations made by the Secretary of State. (3) In this paragraph"hackney carriage" means a vehicle— (a) standing or plying for hire, or (b) bailed (or, in Scotland, hired) under a hire agreement by a person whose trade it is to sell vehicles or to bail or hire vehicles under hire agreements, ------------------------------------------------------ Finance Act 1995 1995 c. 4 Vehicle excise duty Increased rates on 30th November 1994. 18.—(1) Schedule 1 to the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (annual rates of duty) shall be amended as follows. (2) In paragraph 1(b) (rate for vehicle constructed after 1946 and for which no other rate is specified) for "£130" there shall be substituted "£135". (3) In paragraph 3(1)(a) (rate for hackney carriage with seating capacity under nine) for "£130" there shall be substituted "£135". This is the legislation which sets the fee and the terms as applicable to Mechanically propelled vehicles.

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