Hackney carriage to be driven by licensed drivers. Regulations as to hackney and stage carriages. carriage found on any stand without having such distinguishing mark, or being otherwise distinguished in such manner as may for the time being be prescribed by the said Secretary of State, shall be deemed to be an unlicensed carriage. Licensing Drivers of Hackney and Stage Carriages. 8. No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence from the said Secretary of State, and no stage carriage shall ply for hire within the limits of this Act unless the conductor and driver of such carriage have respectively licences from the said Secretary of State. If any hackney or stage carriage plies for hire in contravention of this section, the person driving the same, and also the owner of such carriage, unless he proves, in the case of a hackney carriage, that the driver, and in the case of a stage carriage, that the conductor or driver, as the case may require, acted without his privity or consent, shall respectively be liable to a penalty not exceeding forty shillings. A licence to the driver or conductor of a hackney or stage carriage may be granted at such price, on such conditions, be in such form, be subject to revocation or suspension in such events, and generally be dealt with in such manner as the said Secretary of State may by order prescribe, subject to this provision, that any such licence shall, if not revoked or suspended, be in force for one year, and there shall be paid in respect thereof to the receiver of the Metropolitan Police, to be carried to the account of the Metropolitan Police Fund, such sum not exceeding five shillings as the said Secretary of State may prescribe. This clause shall not repeal the tenth section of an Act of the sixth and seventh years of the reign of her present Majesty, chapter eighty-six. Regulations relating to Hackney and Stage Carriages. 9. The said Secretary of State may from time to time by order make regulations for all or any of the following purposes; that is to say, (1.) For regulating the number of persons to be carried in any hackney or stage carriage, and in what manner such number is to be shown on such carriage, and how such hackney carriages are to be furnished or fitted: (2.) For fixing the stands of hackney carriages, and the distances to which they may be compelled to take passengers, and the persons to attend at such stands: (3.) For fixing the rates or fares, as well for time as distance, to be paid for hackney carriages, and for securing the due publication of such fares; provided that it shall not be made compulsory on the driver of any hackney carriage to take passengers at a less fare than the fare payable at the time of the passing of this Act: (4.) For forming, in the case of hackney carriages, a table of distances, as evidence for the purpose of any fare to be charged by distance, by the preparation of a book, map, or plan, or any combination of a book, map, or plan: (5.) For securing the safe custody and re-delivery of any property accidentally left in hackney or stage carriages and fixing the charges to be paid in respect thereof, with power to cause such property to be sold or to be given to the finder in the event of its not being claimed within a certain time: Subject to the following restrictions : (1.) In fixing the stands for hackney carriages within the city of (2.) No hackney carriage shall be compelled to take any pas- This clause shall not repeal section thirteen of the Act of the fifth and sixth years of the reign of her present Majesty, chapter seventy-nine, so far as regards existing carriages or any which may be built within one year after the passing of this Act. 10. Where the Secretary of State is authorized to make any order Penalties for under this Act, he may annex a penalty not exceeding forty breach of shillings for the breach of such order or of any part or parts thereof, regulations. or of any regulation or regulations thereby made; and any penalties under this section shall be deemed to be penalties under this Act, and may be enforced accordingly. 11. Any licence grantable by a Secretary of State under this Act Licences by may, if the said Secretary of State so direct, be granted by the whom to be Commissioner of the Metropolitan Police, or by such other person granted. as the said Secretary of State appoints for the purpose. 12. The said Secretary of State may appoint such officers and Powers to constables of the Metropolitan Police Force, and for the city of carry Act into London of the City Police, as he thinks fit to perform any duties execution. required to be performed for the purposes of carrying this Act into execution, and may award such sums by way of compensation for their services out of the monies raised under this Act as he may think just. Legal Proceedings and Miscellaneous. 13. All penalties under this Act may be recovered summarily in Recovery of the manner directed by the Act of the session of the eleventh and penalties. twelfth years of her present Majesty, chapter forty-three, and any Act amending the same; and the term " 'justice or "justice of the peace" shall include any metropolitan police magistrate sitting alone at a police court or other appointed place, and the Lord Mayor of the city of London or any alderman of the said city sitting alone or with others at the Mansion House or Guildhall. 14. The Commissioner of the Metropolitan Police may cause to Placard, &c. be attached to any lamp post any placard or signal for the purpose may be affixed of carrying into effect the provisions of this Act. to lamp post. 15. All the provisions of the Acts relating to hackney carriages Existing Acts and metropolitan stage carriages in force at the time of the com- to continue mencement of this Act shall, subject to any alteration made therein in force. by this Act or by any order or regulation of the said Secretary of State made in pursuance of this Act, continue in force, and all such provisions of the said Acts as relate to licences granted under those Acts, or any of them, shall, subject to any alteration as aforesaid, apply to licences granted under this Act. TOWNS POLICE CLAUSES ACT, 1889. (52 & 53 VICT. c. 14.) An Act to amend the Provisions relating to Hackney Carriages of the Town Police Clauses Act, 1847. [24th June, 1889.] WHEREAS it is expedient to amend the provisions with respect to 10 & 11 Vict. hackney carriages of the Town Police Clauses Act, 1847, in this Act called the principal Act: c. 89. Short title. Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Town Police Clauses Act, 1889, 10 & 11 Vict. and this Act and the Town Police Clauses Act, 1847, may be cited together as the Town Police Clauses Acts, 1847 and 1889. c. 89. Construction of Act. 38 & 39 Vict. c. 55. Defining 33 & 34 Vict. c. 78. 2.-(1.) This Act shall be construed as one with the principal Act, and the expression "this Act" in the principal Act shall be construed to mean the principal Act as amended by this Act. (2.) This Act shall be deemed to be incorporated with the Public Health Act, 1875, by section one hundred and seventy-one of that Act. 3. The term " omnibus," where used in this Act, shall include— Every omnibus, char-à-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; but shall not include Any tramcar or tram carriage duly licensed under the provisions of the Tramways Act, 1870, or of any provisional order made thereunder and confirmed by Parliament, or under the provisions of any local Act of Parliament: Any carriage starting from and previously hired for the particular Any omnibus belonging to or hired or used by any railway com- 4.—(1.) The several terms "hackney carriages," "hackney coach," Extending "carriages," and "carriage," whenever used in sections thirty-seven, certain proforty to fifty-two (both inclusive), fifty-four, fifty-eight, and sixty visions of to sixty-seven (both inclusive) of the principal Act shall, notwith- principal Act standing anything contained in section thirty-eight of that Act, be to omnibuses. deemed to include every omnibus. (2.) The word "driver" or "drivers" when used in any of the said sections of the principal Act shall be deemed to include every conductor of any omnibus. (3.) For the purposes of sections fifty-four, fifty-eight, and sixtysix of the principal Act, the fare, according to the statement of fares exhibited on any omnibus, shall be deemed to be the fare allowed by the principal Act or authorized by any bye law under that Act. 5. Any licence may be granted under the principal Act to continue in force for such less period than one year as the Commissioners may think fit, and shall specify in the licence. 6. The Commissioners may from time to time make bye laws for all or any of the following purposes, that is to say:— For regulating the conduct of the proprietors, drivers, and conductors of omnibuses plying within the prescribed distance in their several employments, and determining whether such drivers and conductors shall wear any and what badges: For regulating the manner in which the number of each omnibus corresponding with the number of its licence shall be displayed: For regulating the number of persons to be carried by such omnibus, and in what manner such number is to be shown thereon: For regulating the number and securing the fitness of the animals to be allowed to draw an omnibus, and for the removal therefrom of unfit animals: For securing the fitness of the omnibus and the harness of the animals drawing the same: For fixing the stands for omnibuses and the points at which they may stop a longer time than is necessary for the taking up and setting down of passengers desirous of entering or leaving the same: For securing the safe custody and re-delivery of any property accidentally left in any omnibus, and fixing the charge to be made in respect thereof: To provide for the carrying and the lighting of proper lamps for denoting the direction in which the omnibus is proceeding, and promoting the safety and convenience of the passengers carried thereby: To provide for the exhibition on some conspicuous part of every omnibus of a statement in legible letters and figures of the fares to be demanded and received from the persons using or carried for hire in such omnibus: To prevent within the prescribed distance (a) the owner, driver, or conductor of any omnibus, or any (b) the blowing of or playing upon horns or other musical Licences may be granted for short periods. Bye laws. instruments, or the ringing of bells, by the driver or conductor of any omnibus, or by any person travelling on or using any such omnibus. Provided that nothing in this Act contained shall empower the Commissioners to fix the site of the stand of any omnibus in any railway station, or in any yard adjoining or connected therewith, except with the consent of the railway company owning such site. Penalties for defrauding cabmen. Repeal of c. 33. Meaning of cab. 32 & 33 Vict. c. 115. Short title. LONDON CAB ACT, 1896. (59 & 60 VICT. c. 27.) An Act to amend the Law relating to Cabs in London. [7th August, 1896.] BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. If any person commits any of the following offences with respect to a cab, namely: (a) hires a cab, knowing or having reason to believe that he cannot pay the lawful fare, or with intent to avoid payment of the lawful fare; or (b) fraudulently endeavours to avoid payment of a fare lawfully due from him; or (c) having failed or refused to pay a fare lawfully due from him, either refuses to give to the driver an address at which he can be found, or, with intent to deceive, gives a false address, he shall be liable on summary conviction to pay, in addition to the lawful fare, a fine not exceeding forty shillings, or, in the discretion of the Court, to be imprisoned for a term not exceeding fourteen days; and the whole or any part of any fine imposed may be applied in compensation to the driver. 2. Section eighteen of the London Hackney Carriage Act, 1853, is hereby repealed from "and in case of any dispute" to the end of the section. 3. In this Act the expression "cab" shall mean any hackney carriage within the meaning of the Metropolitan Public Carriage Act, 1869. 4. This Act may be cited as the London Cab Act, 1896. |