E+W+S+N.I.

London Cab Act 1968

1968 CHAPTER 7

An Act to extend the power of the Secretary of State to prescribe fares in respect of journeys by cab within the metropolitan police district and the City of London; to make provision for extending the length of such journeys which the driver of a cab is obliged by law to undertake; to relax restrictions on the parking of cabs; to prohibit the display on certain vehicles in that district or the City of London of signs or notices containing the word “taxi” or “cab” and signs or notices of certain other descriptions; and to restrict the issue, in connection with certain vehicles, of advertisements containing either of those words.

[15th February 1968]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1 Act (except s. 4(1)-(5)) in force at Royal Assent see s. 4(6)

1 Power to regulate fares for non-obligatory journeys. E+W+S+N.I.

(1) The power of [F1 Transport for London] under paragraph (3) of section 9 of the M1 Metropolitan Public Carriage Act 1869 and section 1 of the M2 London Cab and Stage Carriage Act 1907 (regulations governing cab fares in London) shall include power to prescribe fares for the hire of cabs in respect of all journeys in London whether or not the journey is one which the driver of the cab is obliged by law to undertake.

[F2 (1A) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section 9 of the said Act of 1869.]

(2) In this section “cab”, “fare” and “London” have the same meaning as in the said Act of 1907, and for the purposes of this section a journey shall be treated as a journey in London if it begins and ends there.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Subordinate Legislation Made

P1 S. 1: power exercised by S.I. 1991/1301

S. 1: for previous exercises of this power see Index to Government Orders

Amendments (Textual)

F1 Words in s. 1(1) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F2 S. 1(1A) inserted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M1 1869 c. 115.

M2 1907 c. 55.

2 Power to increase length of obligatory journeys. E+W+S+N.I.

(1) [F3 Transport for London] may [F4 by London cab order] direct that for the reference to the distance of six miles in section 7 and paragraph (2) of section 17 of the M3 London Hackney Carriage Act 1853 (being the length of a journey which the driver of a cab is by law obliged to undertake) there shall be substituted a reference to such greater distance as appears to [F5 Transport for London] to be appropriate.

(2) [F4 A London cab order] under this section may be limited so as to apply only in relation to hirings in respect of journeys which begin, or which end, at such places as may be specified in the order, and may substitute different distances in relation to such hirings or any of them and in relation to other hirings.

(3) The power to make [F4 London cab orders] under this section includes power to vary or revoke a previous [F6 such] order F7 . . . .

(4) Before making [F4 any London cab order] under this section [F3 Transport for London] shall consult with such bodies appearing to [F5 Transport for London] to represent the owners and drivers of cabs as [F5 Transport for London] considers appropriate.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Words in s. 2(1)(4) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(4)(a)(i)(d)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F4 Words in s. 2(1)-(4) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(4)(a)(ii)(b)(c)(i)(d)(i) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F5 Words in s. 2(1)(4) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(4)(a)(ii)(d)(iii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F6 Words in s. 2(3) inserted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(4)(c)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F7 Words in s. 2(3) repealed (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(4)(c)(iii), Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M3 1853 c. 33.

3 Relaxation of restrictions on the parking of cabs. E+W+S+N.I.

(1) Section 55 of the M4 London Hackney Carriage Act 1831 (which makes it an offence to leave a cab unattended) is hereby repealed.

(2) In section 35 of the said Act of 1831 (under which a cab found standing in any street or place is, in certain circumstances, deemed to be plying for hire) the reference to a street or place shall not include a reference to any parking place for the time being designated by an order in force under the M5 Road Traffic Regulation Act [F8 1984]or to any part of a road the use of which as a parking place is for the time being authorised by an order in force under that Act.

(3) Notwithstanding anything in any enactment whereby the said section 35 has effect in relation to premises of the British Railways Board or the London Transport Board, the reference in that section to a street or place shall not include a reference to any part of those premises which is set aside by the Board concerned as a parking place for vehicles.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 “1984” substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 4

Modifications etc. (not altering text)

C2 The text of ss. 3(1), 5(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3 S. 3(3) amended by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 Pt. I para. 1(1)(2)(d)

Marginal Citations

M4 1831 c. 22.

M5 1984 c. 27.

4 Prohibition of the display of certain signs or notices on, and the issue of certain advertisements in connection with, private hire-cars. E+W+S+N.I.

(1) There shall not, in the metropolitan police district or the City of London, be displayed on any private hire-car any sign or notice—

(a) which consists of or includes the word “taxi” or “cab”, whether in the singular or plural and whether alone or as part of another word; or

(b) which consists of the words “for hire”, or the form or wording of which is in any other way such as to suggest that the vehicle on which it is displayed is presently available to take up any passenger wishing to hire it, or would be so available if not already hired.

(2) No advertisement—

(a) indicating that motor vehicles can be hired on application to a specified address or telephone number, being the address or telephone number of premises in the metropolitan police district or the City of London; or

(b) on or near any such premises indicating that motor vehicles can be hired at those premises,

shall include the word “taxi” or “cab”, whether in the singular or plural and whether alone or as part of another word, unless the vehicles offered for hire are licensed cabs or the advertisement makes it clear that they are not.

(3) Any person who—

(a) drives a vehicle in respect of which subsection (1) of this section is contravened or causes or permits that subsection to be contravened in respect of any vehicle; or

(b) subject to subsection (4) of this section, issues, or causes to be issued, an advertisement which contravenes subsection (2) of this section,

shall be guilty of an offence and [F9 liable on summary conviction to a fine not exceeding [F10 level 4 on the standard scale]].

(4) Where a person is charged with an offence under paragraph (b) of subsection (3) of this section, it shall be a defence to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement in question for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under that paragraph.

(5) In this section—

• “advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television [F11 or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service], and references to the issue of an advertisement shall be construed accordingly;

• “private hire-car” means a motor vehicle, other than a licensed cab or public service vehicle [F12 or tramcar], which is used for the purpose of carrying passengers for hire or reward;

• “licensed cab” means a vehicle licensed under section 6 of the M6 Metropolitan Public Carriage Act 1869, section 37 of the M7 Town Police Clauses Act 1847 or any similar local enactment; and

• “public service vehicle” has the same meaning as in the M8 Road Traffic Act 1960.

(6) The foregoing provisions of this section shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9 Words substituted by London Cab Act 1973 (c. 20), s. 1

F10 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F11 Words inserted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 10

F12 Words in definition in s. 4(5) inserted (E.W.S.) (8.7.1996) by Transport and Works Act 1992 (c. 42), s. 62(2); S.I. 1996/1609, art. 2, Sch.

Modifications etc. (not altering text)

C4 15.7.1968 appointed for s. 4(1)-(5) by S.I. 1968/597

Marginal Citations

M6 1869 c. 115.

M7 1847 c. 89.

M8 1960 c. 16.

F13 4A

(1) [F14 Transport for London] may, with a view to preventing private hire-cars from competing unfairly with vehicles licensed under section 6 of the M9 Metropolitan Public Carriage Act 1869, [F15 by London cab order] prohibit the display on or from private hire-cars in the metropolitan police district and the City of London of any sign, notice, mark, illumination or other feature of a description specified in the order.

(2) Any prohibition imposed [F15 by a London cab order] under this section may be expressed to apply only in circumstances specified in the order or to apply subject to any exceptions so specified.

(3) The power to make [F15 London cab orders] under this section includes power to vary or revoke a previous [F16 such]order [F17 and shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament].

(4) Before making any [F15 London cab order] under this section [F14 Transport for London] shall consult with such bodies appearing to [F18 Transport for London] to represent the owners and drivers of vehicles licensed under section 6 of the said Act of 1869 and the private hire-car trade as [F18 Transport for London] considers appropriate.

(5) This section is without prejudice to subsection (1) of section 4 of this Act and the references in subsection (3)(a) of that section to contravention of the said subsection (1) shall include references to contravention of [F15 a London cab order] under this section.

(6) In this section “private hire-car” has the same meaning as in section 4 of this Act.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13 S. 4A added by London Cab Act 1973 (c. 20), s. 2

F14 Words in s. 4A(1)(4) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(5)(a)(i)(d)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F15 Words in s. 4A(1)-(5) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(5)(a)(ii)(b)(c)(i)(d)(i)(e) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F16 Word in s. 4A(3) inserted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(5)(c)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F17 Words in s. 4A(3) repealed (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(5)(c)(iii), Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F18 Words in s. 4A(4) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(5)(d)(iii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M9 1869 c. 115.

[F19 4B London cab orders. E+W+S+N.I.

(1) In this Act, “London cab order” means an order made by Transport for London.

(2) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19 S. 4B inserted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 7(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

5 Short title and repeals. E+W+S+N.I.

(1) This Act may be cited as the London Cab Act 1968.

(2) In paragraph (2) of section 9 of the Metropoliltan Public Carriage Act 1869 the words “and the distances to which they may be compelled to take passengers” and the restriction numbered (2) in that section are herby repealed.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5 The text of ss. 3(1), 5(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.