London Hackney Carriage Act 1853

I Persons desirous of obtaining a Licence to keep a Hackney Carriage, &c. to make Application to Commissioners of Police, who, if Carriage is found fit, shall grant a Certificate. No Licence to be granted by Board of Inland Revenue without such Certificate.

From and after the First Day of October next every Person desirous of obtaining a Licence to keep, use, and let to hire any Metropolitan Stage or Hackney Carriage within the Limits of this Act must apply in Writing to the Commissioners of Police of the Metropolis, in order that they may cause an Inspection to be made of every Carriage to be kept, used, or let to hire by virtue of such Licence, and upon such Application the said Commissioners shall cause an Inspection to be made of every such Carriage, and if such Carriage or Carriages shall be found by the said Commissioners to be in a fit and proper Condition for public Use they shall grant a Certificate to that Effect, and shall specify in such Certificate the Number of Persons to be carried in and by such Carriage, in the Form given in Schedule (B.) to this Act annexed, and upon Production of such Certificate at the Office of the Board of Inland Revenue, a Licence shall be granted; but it shall not be lawful for the said Board of Inland Revenue to grant or issue any Licence for any Metropolitan Stage or Hackney Carriage, within the Limits of this Act, unless the Person applying for the same shall produce such Certificate as aforesaid.

II Commissioners of Police may cause Carriages, &c. to be inspected, and if not in fit Condition may suspend Licences, and recall Stamp Office Plate. Notice to be given to Inland Revenue.

It shall be lawful for the said Commissioners of Police to cause an Inspection to be made, as often as they deem it necessary, of all Metropolitan Stage and Hackney Carriages, and of the Horse or Horses used in drawing the same, within the Limits of this Act; and if any such Carriage, or the Horse or Horses used in drawing the same, shall at any Time be in a Condition unfit for public Use, the said Commissioners shall give Notice in Writing accordingly to the Proprietor thereof, which Notice shall be personally served on such Proprietor, or delivered at his usual Place of Residence; and if, after Notice as aforesaid, any Proprietor shall use or let to hire such Carriage as a Metropolitan Stage or Hackney Carriage, or use or let to hire such Horse or Horses whilst in a Condition unfit for public Use, the said Commissioners shall have Power to suspend, for such Time as they may deem proper, the Licence of the Proprietor of such Carriage, and to recall and take away the Stamp Office Plate belonging to the same, and to retain the same during the Suspension of such Licence; and a Notice shall be given to the Board of Inland Revenue, according to the Form in the Schedule (C.) to this Act annexed, in every Case by the said Commissioners of the Suspension of any such Licence, and of the Time for which it is suspended.

III Penalty for using Carriage not in fit Condition.

Every Proprietor or Driver of a Metropolitan Stage or Hackney Carriage who shall use or let to hire within the Limits of this Act any Carriage as a Metropolitan Stage or Hackney Carriage which has not been certified by the said Commissioners of Police to be in a fit and proper Condition for public Use, or who shall use or let to hire within the Limits of this Act any Carriage as a Metropolitan Stage or Hackney Carriage for which such a Certificate had been granted, after Notice given to him as hereinbefore required by the said Commissioners that such Carriage was no longer in a fit and proper Condition for public Use, shall be liable to a Penalty not exceeding Three Pounds for each Day that he shall so use or let to hire such Carriage, or in default of Payment may be imprisoned for any Time not exceeding One Month.

IV As to Rates and Fares to be taken for Hackney Carriages. No Back Fare to be taken or demanded.

The Proprietor or Driver of any Hackney Carriage within the Limits of this Act shall be entitled to demand and take for the Hire of such Carriage the Fares set forth in the Schedule (A.) to this Act annexed: Provided always, that when the Proprietor or Driver of any Hackney Carriage to be paid a Fare calculated according to the Distance shall be required by the Hirer thereof to stop such Carriage for Fifteen Minutes, or for any longer Time, it shall be lawful for the Proprietor or Driver to demand and receive from the Hirer so requiring him to stop a further Sum (above the Fare to which he shall be entitled, calculated according to the Distance) of Sixpence for every Fifteen Minutes completed that he shall have been so stopped; and no Proprietor or Driver shall demand or receive over and above the said Fare any Sum, for or by way of Back Fare, for the Return of such Carriage from the Place at which such Carriage shall be discharged.

V Table of Fares to be put up distinctly inside and outside of Hackney Carriages. Driver to produce Book of Fares when required.

The Proprietor of every Hackney Carriage within the Limits of this Act shall put up, and at all Times keep, distinctly painted or marked, in such a Manner and in such a Position as shall be directed by the said Commissioners of Police, both on the Inside and Outside of such Hackney Carriage, the Amount of Fare according to Distance and Time which may legally be demanded and taken from the Hirer of such Carriage; and the Driver of every Hackney Carriage within the Limits of this Act shall have with him at all Times when plying for Hire a Book or Table in such Form as shall be directed by the said Commissioners of Police of the Fares for the Hire of such Carriage, which Book or Table the Driver shall produce when required for the Information of any Person hiring or intending to hire such Carriage.

VI As to Settlement of Disputes as to Distances.

In case of Disputes as to the Fare to be calculated according to the Distance, any Table or Book signed by the said Commissioners of Police shall, on Proof of such Signature, be deemed and taken to be conclusive Evidence of all the Distances therein stated to have been measured by the Authority of the said Commissioners of Police; and it shall be lawful for the said Commissioners to cause to be placed or "erected at the several Standings for Hackney Carriages or elsewhere within the Metropolitan District, as they may deem convenient, Tables of Distances and Fares, and such other Information as may be useful to Persons hiring such Carriage.

VII As to Distance Drivers of Hackney Carriages shall be required to drive.

The Driver of every Hackney Carriage which shall ply for Hire at any Place within the Limits of this Act shall (unless such Driver have a reasonable Excuse, to be allowed by the Justice before whom the Matter shall be brought in question,) drive such Hackney Carriage to any Place to which he shall be required by the Hirer thereof to drive the same, not exceeding Six Miles from the Place where the same shall have been hired, or for any Time not exceeding One Hour from the Time when hired: Provided always, that when any Hackney Carriage shall have been hired by Time, the Driver thereof may be required to drive at any Rate not exceeding Four Miles within One Hour, and if the Driver of such Carriage shall be required to drive more than Four Miles within One Hour, then in every such Case the Driver thereof shall be entitled to demand, in addition to the Fare regulated by Time in Schedule (A.) to this Act annexed, for every Mile or any Part thereof exceeding Four Miles, the Fare regulated by Distance as set forth in the same Schedule.

VIII Driver to deliver a Ticket to Hirer of Carriage.

Every Driver of a Hackney Carriage within the Limits of this Act shall, on each Occasion when such Carriage shall be hired, deliver to the Hirer thereof a Card, on which shall be printed, in legible Letters and Figures, the Words " Hackney Carriage," and the Number of the Stamp Office Plate fixed on such Hackney Carriage, or such other Words or Figures as the said Commissioners of Police may direct.

IX Number of Persons to be carried to be painted or marked on Hackney Carriage.

The Proprietor of every Hackney Carriage within the Limits of this Act shall put up and at all Times keep distinctly painted or marked on such Carriage, in such a Manner and in such a Position as shall be directed by the said Commissioners of Police, the Number of Persons to be carried thereby as specified in the Certificate granted by the said Commissioners for such Hackney Carriage, and the Driver of any such Hackney Carriage shall, if required by the Hirer thereof, carry in and by such Carriage the Number of Persons painted or marked-thereon, or any less Number of Persons.

X As to Quantity of Luggage to be carried without extra Charge.

The Driver of every Hackney Carriage within the Limits of this Act shall carry in or upon such Carriage a reasonable Quantity of Luggage for every Person hiring such Carriage without any additional Charge, except as provided in Schedule (A.) to this Act annexed.

XI Property left in Hackney Carriages to be deposited at the Police Office. Penalty on Driver for Default. Property not claimed to be disposed of. Penalty on refusing or neglecting to give up Property left in Stage Carriages.

The Driver of every Hackney Carriage within the Limits of this Act wherein any Property shall be left by any Person shall within Twenty-four Hours carry such Property, if not sooner claimed by the Owner thereof, in the State in which' he shall find the same, to the nearest Police Station, and shall there deposit and leave the same with the Inspector or other Officer on Duty, upon pain that every such Driver making any Default herein shall be liable to a Penalty not more than Ten Pounds, or at the Discretion of the Magistrate may be imprisoned for any Time not exceeding One Month; and the said Officer with whom any such Property shall be deposited shall forthwith enter in a Book to be kept for that Purpose the Description of such Property, and the Name and Address of the Driver who shall bring the same, and the Day on which it shall be brought; and the Property so entered shall be returned to the Person who shall prove, to the Satisfaction of the Commissioners of Police, that the same belonged to him, such Person previously paying all Expenses incurred, together with such reasonable Sum to the Driver who brought the same as the said Commissioners shall award: Provided always, that if such Property shall not be claimed by and proved to belong to some Person within One Year after the same shall have been deposited, the said Commissioners shall cause such Property to be sold or otherwise disposed of, and the Proceeds thereof to be paid over to the Receiver-General of Inland Revenue, to be carried to the Public Account, all Expenses incurred about such Property, together with such reasonable Sum to the Driver who brought the same as the said Commissioners shall award, being first paid thereout; and all Property left by any Passenger in any Metropolitan Stage Carriage shall be given up to the Conductor of such Carriage, or, if there be no Conductor, to the Driver, upon pain of a Penalty of Ten Pounds, to be paid by any Person refusing or neglecting to give up any such Property belonging to another Person; and the Conductor or Driver of every such Carriage to whom any such Property shall be given up, or who shall himself find it in the Carriage, shall within Twenty-four Hours carry the Property, if not sooner claimed by the Owner thereof, in the State in which he shall find the same to the nearest Police Station, and shall there deposit and leave the same with the Inspector or other Officer on Duty, upon pain that every such Driver or Conductor making Default herein shall be liable to a Penalty not more than Ten Pounds, or at the Discretion of the Magistrate may be imprisoned for any Time not exceeding One Month; and the Property so deposited by any Conductor or Driver shall be dealt with in the same Manner as Property left in Hackney Carriages and deposited by the Drivers of such Carriages.

XII Commissioners of Police to appoint Persons to enforce good Order at Hackney Carriage Stands, &c.

It shall be lawful for the said Commissioners of Police from Time to Time to appoint a sufficient Number of fit Men to enforce good Order at the Standings for Hackney Carriages, and at the Places at which Metropolitan Stage Carriages or Hackney Carriages shall call or ply for Passengers, and at such Places of public Resort within the Metropolitan Police District as they may deem necessary; and the said Commissioners may from Time to Time make such Orders and Regulations as they shall deem expedient, subject to the Approval of One of Her Majesty's Principal Secretaries of State given in Writing relative to the Duties to be performed by such Persons and the Places at which each shall act; provided that the said Commissioners shall not have Authority to appoint any such Person to act within or upon the Premises belonging to any Railway Company unless with the Consent of the Directors of the Company.

XIII Power to Commissioners, with Consent of Treasury, to pay Wages to such Persons, and also to direct Water Rates to be paid.

The said Commissioners of Police, subject to the Approbation of the Commissioners of Her Majesty's Treasury, shall appoint Wages to be paid to the said Persons appointed by them to keep good Order at the Standings for Hackney Carriages and at the Places at which Metropolitan Stage Carriages or Hackney Carriages shall call or ply for Passengers, and at such Places of public Resort as they may deem necessary; and the said Commissioners shall also, in such Cases as they think fit, direct the Water Rates and the Expenses of the necessary Apparatus for laying on the Water at the Standings for Hackney Carriages and at Places where Metropolitan Stage Carriages usually call or ply for Hire to be paid.

XIV Lamps to be placed inside Metropolitan Stage Carriages.

The Proprietor of every Metropolitan Stage Carriage shall cause to be placed inside such Carriage a Lamp, in such a Position and Manner as shall be directed by the said Commissioners of Police ; and the Conductor, or if there be no Conductor the Driver, of such Carriage shall keep the said Lamp properly lighted whenever such Carriage shall be used to ply for Hire or carry Passengers at any Time after Sunset and before Sunrise.

XV Printed Bills, &c. not to be put on Metropolitan Stage or Hackney Carriages, so as to obstruct Light, &c.

It shall not be lawful for the Proprietor of any Metropolitan Stage or Hackney Carriage to suffer any Notice, Advertisement, or printed Bill, or any Names, Letters, or Numbers, to appear upon the Outside of any such Carriage in such a Manner as to obstruct the Light or Ventilation of such Carriage, or on the Inside of any such Carriage in such Position that any such Notice, Advertisement, or printed Bill shall obstruct the Light or Ventilation of such Carriage or cause Annoyance to any Passenger therein.

XVI Advertising Vehicles, &c. prohibited.

It shall not be lawful for any Person to carry about on any Carriage or on Horseback or on Foot, in any Thoroughfare or public Place within the Limits of this Act, to the Obstruction or Annoyance of the Inhabitants or Passengers, any Picture, Placard, Notice, or Advertisement, whether written, printed, or painted upon or posted or attached to any Part of such Carriage, or on any Board, or otherwise.

XVII Drivers and Conductors of Metropolitan Stage Carriages, and Drivers of Hackney Carriages, liable to Penalties for Offences herein named.

The Driver or Conductor of any Metropolitan Stage Carriage, or the Driver of any Hackney Carriage, who shall respectively commit any of the following Offences within the Limits of this Act, shall be liable to a Penalty not exceeding Forty Shillings for each Offence, or in default of Payment to Imprisonment for any Time not exceeding One Calendar Month :

1.

Every Driver of a Hackney Carriage who shall demand or take more than the proper Fare as set forth in Schedule (A.) to this Act annexed, or who shall refuse to admit and carry in his Carriage the Number of Persons painted or marked on such Carriage or specified in the Certificate granted by the said Commissioners of Police in respect of such Carriage, or who shall refuse to carry by his Carriage a reasonable Quantity of Luggage for any Person hiring or intending to hire such Carriage:

2.

Every Driver of a Hackney Carriage who shall refuse to drive such Carriage to any Place within the Limits of this Act, not exceeding Six Miles, to which he shall be required to drive any Person hiring or intending to hire such Carriage, or who shall refuse to drive any such Carriage for any Time not exceeding One Hour, if so required by any Person hiring or intending to hire such Carriage, or who shall not drive the same at a reasonable and proper Speed, not less than Six Miles an Hour, except in Cases of unavoidable Delay, or when required by the Hirer thereof to drive at any slower Pace:

3.

Every Driver of a Hackney Carriage who shall ply for Hire with any Carriage or Horse which shall be at the Time unfit for public Use, or who shall refuse or neglect to deliver to the Hirer of his Carriage a Ticket with the Number of the Stamp Office Plate on such Carriage printed thereon.

XVIII Power to Police Magistrates or Justices of the Peace to hear and determine Offences. In case of Disputes the Hirer may require the Driver to drive to a Police Court, &c. or to a Police Station.

It shall be lawful for any One of the Police Magistrates at any of the Metropolitan Police Courts to hear and determine all Offences against the Provisions of this Act, and also all Disputes or Causes of Complaint that may arise out of the same ; or if the Offence, Dispute, or Cause of Complaint shall be committed or occur in any Place not comprised within the Limits of a Police Court District, the same may be heard and determined by Two Justices of the Peace for the County; or if the Offence, Dispute, or Cause of Complaint shall be committed or occur within the City of London, the same shall be heard and determined by One Justice of the Peace for the said City, or by a Metropolitan Police Magistrate sitting at the Police Court in Bow Street; and in case of any Dispute between the Hirer and Driver of any Hackney Carriage, the Hirer may require the Driver forthwith to drive to the nearest Metropolitan Police Court or Justice Room, where Complaint may be made to the Magistrate then sitting, who shall hear and determine the same, without requiring any Summons to be issued for that Purpose; and if such Dispute should arise at a Time when the Police Court or Justice Room shall not be open, the Hirer may require the Driver to drive to the nearest Police Station or Justice Room, where the Complaint shall be entered, and Notice given to both Parties that the Matter in Dispute shall be heard by the Magistrate at his' next Sitting.

XIX Penalty for Offences against this Act for which no Penalty is appointed.

For every Offence against the Provisions of this Act for which no special Penalty is herein-before appointed, the Offender shall be liable to a Penalty not exceeding Forty Shillings, or in default of Payment be imprisoned for any Time not exceeding One Month in any Gaol or House of Correction within the Jurisdiction of the Magistrate before whom the Conviction shall take place.

XX Meaning of certain Words used in this Act.

All Things herein authorized to be done by the said Commissioners of Police of the Metropolis shall be done by such One of the said Commissioners as One of Her Majesty's Principal Secretaries of State shall from Time to Time be pleased to appoint; and the Words " the Limits of this Act" shall include every Part of the Metropolitan Police District and City of London.

XXI This Act to be construed with 6 & 7 Vict. c.86 and 13 & 14 Vict. c.7.

This Act shall be construed as One Act with the Act passed in the Seventh Year of the Reign of Her Majesty Queen Victoria, Chapter Eighty-six, and the Act passed in the Thirteenth Year of the Reign of Her Majesty, Chapter Seven ; and all the Provisions of the said Acts, except so far as is herein otherwise provided, shall extend to this Act, and to all Things done in execution of this Act.

XXII Commencement of Act.

This Act shall 'commence and take effect from and after the Tenth Day of July One thousand eight hundred and fifty-three, except as herein otherwise specially provided.