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Local Government (Miscellaneous Provisions) Act 1976

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Version Superseded: 01/04/1998

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59 Qualifications for drivers of hackney carriages.E+W

(1)Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—

(a)unless they are satisfied that the applicant is a fit and proper person to hold a driver’s licence; or

[F1(b)to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.]

[F2(1A)For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—

(a)he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or

(b)he is authorised by virtue of section 99A(1) of that Act to drive in Great Britain a motor car.]

[F3(1A)For the purpose of satisfying themselves as to whether an applicant is a fit and proper person to hold a driver’s licence, a council may send to the chief officer of police for the police area in which the council is situated—

(a)a copy of that person’s application, and

(b)a request for the chief officer’s observations;

and the chief officer shall respond to the request.]

(2)Any applicant aggrieved by the refusal of a district council to grant a driver’s licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrate’s court.

Textual Amendments

F2By S.I. 1996/1974, reg. 5 Sch. 4 para. 2(5) it is provided that in s. 59 subsection (1A) shall be inserted (1.1.1997) after subsection (1)

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