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| Commonn Carrier of luggage http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=3591 |
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| Author: | JD [ Wed Apr 26, 2006 1:46 pm ] |
| Post subject: | Commonn Carrier of luggage |
Carrying luggage - Common Carier. Within the metropolitan police district and the City of London, drivers of hackney carriages are obliged to carry a reasonable quantity of passengers' luggage, and are therefore regarded as common carriers of that luggage. Outside that area, although there may well be a statutory obligation to carry passengers, 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 carrier. 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Act 1981 s 1 (see ROAD TRAFFIC vol 40(2) (Reissue) para 818), the provisions of the Hackney Carriage Acts having been repealed, so far as they related to public service vehicles, by the Road Traffic Act 1930 s 122, Sch 5 (repealed).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. |
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