C2C3C4C5 Part II Hackney carriages and private hire vehicles

Annotations:
Modifications etc. (not altering text)
C2

Pt. II(ss. 45–80) modified by Transport Act 1978 (c. 55, SIF 126), s. 7(3)

C4

Pt. II(ss. 45–80) applied with modifications by S.I. 1986/567, regs. 3, 4

C5

Pt. II (ss. 45-80) extended (1.4.2000) by 1999 c. 29, s. 255(1)(4); S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1

Pt. II (ss. 45-80) excluded (1.7.2001) by 1981 c. 14, s. 79A(1)(a) (as inserted (1.7.2001) by 2000 c. 38, s. 265(2); S.I. 2001/1498, art. 3)

C159 Qualifications for drivers of hackney carriages.

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 F5—

i

that the applicant is a fit and proper person to hold a driver’s licence; F6and

ii

that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or

F1b

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.

F71ZA

In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.

F21A

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) F3or section 109(1)of that Act to drive in Great Britain a motor car.

F41A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.