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An Act for amending the Law relating to Hackney and Stage Carriages within the Metropolitan Police District.
[11th August 1869]
Modifications etc. (not altering text)
C1Act restricted by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 64(1)
C2Functions of Secretary of State as to licensing of hackney carriages now exercisable by an Assistant Commissioner of Police of the Metropolis: S. R.&O. 1934/1346 (Rev. XIV, p. 795: 1934 I, p. 1221) and S. I. 1955/1853 (1955 I, p. 1143)
C3Functions of Secretary of State as to licensing of tramcars, light railway cars and trolley vehicles now again exercisable by Secretary of State: London Passenger Transport Act 1933 (c. 14), s. 51, S. R.&O. 1941/654 (Rev. XV, p. 228: 1941 I, p. 1221), 1946/375 (Rev. XV, p. 229: 1946 I, p. 1009) and S. I. 1970/1681
C4London Hackney Carriages Act 1843 cited or referred to by its short title under authority of Statute Law Revision Act 1893 (c. 14), s. 3
Commencement Information
I1Act wholly in force at Royal Assent
This Act may be cited for all purposes as “The Metropolitan Public Carriage Act, 1869.”
The limits of this Act shall be the metropolitan police district, and the city of London . . . F1.
Textual Amendments
F1Words repealed by Statute Law (Repeals) Act 1989 (c. 43), Sch. 1 Pt. X
Textual Amendments
F2S. 3 repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
In this Act “stage carriage” shall mean any carriage for the conveyance of passengers which plies for hire in any public street, road, or place within the limits of this Act, and in which the passengers or any of them are charged to pay separate and distinct or at the rate of separate and distinct fares for their respective places or seats therein.
“Hackney carriage” shall mean any carriage for the conveyance of passengers which plies for hire within the limits of this Act, and is [F3neither a stage carriage nor a tramcar].
[F4“London cab order” shall mean an order made by Transport for London.
“Prescribed” shall mean prescribed by London cab order.]
[F5Any power to make a London cab order under this Act includes power to vary or revoke a previous such order.]
Textual Amendments
F3Words in definition of "hackney carriage" in s. 4 substituted (8.7.1996) by Transport and Works Act 1992 (c. 42), s. 62(1); S.I. 1996/1609, art. 2, Sch.
F4S. 4: definitions of “London cab order” and “Prescribed” substituted for definition of “Prescribed” (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F5Paragraph in s. 4 added (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Textual Amendments
F6S. 5 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII
(1)Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed.
(2)A licence under this section may—
(a)be granted on such conditions,
(b)be in such form,
(c)be subject to revocation or suspension in such event, and
(d)generally be dealt with in such manner,
as may be prescribed.
(3)Subsection (2) of this section is subject to the following provisions of this section.
(4)A licence under this section shall, if not revoked or suspended, be in force for one year.
(5)A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—
(a)by any applicant for a licence under this section, on making the application for the licence;
(b)by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
(c)by any person granted a licence under this section, on the grant of the licence.
(6)In paragraph (b) of subsection (5) of this section “matter of fitness” means—
(a)any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
(b)any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
(7)Different amounts may be determined under subsection (5) of this section for different purposes or different cases.
(8)Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section.
(9)Provision shall be made by London cab order—
(a)for the transfer of a licence under this section to the widow or to any child of full age of any person to whom such a licence has been granted who may die during the continuance of the licence leaving a widow or child of full age; and
(b)for the transfer of a licence under this section to the husband of any woman to whom such a licence has been granted and who marries during the continuance of the licence.]
Textual Amendments
F7S. 6 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
If any unlicensed hackney . . . F8 carriage plies for hire, the owner of such carriage shall be liable to a penalty not exceeding five pounds for every day during which such unlicensed carriage plies. And if any unlicensed hackney carriage is found on any stand within the limits of this Act, the owner of such carriage shall be liable to a penalty not exceeding five pounds for each time it is so found. The driver also shall in every such case be liable to a like penalty unless he proves that he was ignorant of the fact of the carriage being an unlicensed carriage.
Any hackney . . . F8 carriage plying for hire, and any hackney 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 F9. . ., shall be deemed to be an unlicensed carriage.
Textual Amendments
F8Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII
F9Words in s. 7 repealed (3.7.2000) by 1999 c. 29, ss. 253, 423, Sch. 20 Pt. I para. 5(4), Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
Modifications etc. (not altering text)
C5S. 7: by Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 3 Pt. I it was provided that s. 7 should have effect as if the maximum fine which might be imposed on summary conviction for any offence specified in s. 7 were a fine not exceeding £20 for a first offence and £50 for a second or subsequent offence and, as regards s. 7 as so amended, Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 39(2) (and Sch. 3) (increase of fines) and 46 (substitution of references to levels on the standard scale) apply
(1)Transport for London shall have the function of licensing persons to be drivers of hackney carriages.
(2)No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London.
(3)If any hackney carriage plies for hire in contravention of this section—
(a)the person driving the carriage, and
(b)the owner of the carriage, unless he proves that the driver acted without his privity or consent,
shall each be liable to a penalty not exceeding level 3 on the standard scale.
(4)Transport for London may send to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London—
(a)details of a person to whom Transport for London is considering granting a licence under this section, and
(b)a request for the Commissioner’s observations;
and the Commissioner shall respond to the request.
(5)A licence under this section may—
(a)be granted on such conditions,
(b)be in such form,
(c)be subject to revocation or suspension in such event, and
(d)generally be dealt with in such manner,
as may be prescribed.
(6)Subsection (5) of this section is subject to the following provisions of this section.
(7)A licence under this section shall, if not revoked or suspended, be in force for three years.
(8)A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—
(a)by any applicant for a licence under this section, on making the application for the licence;
(b)by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
(c)by any person granted a licence under this section, on the grant of the licence.
(9)In paragraph (b) of subsection (8) of this section “matter of fitness” means—
(a)any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
(b)any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
(10)Different amounts may be determined under subsection (8) of this section for different purposes or different cases.
(11)Transport for London may remit or refund the whole or part of a fee under subsection (8) of this section.]
Textual Amendments
F10S. 8 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
[F11Transport for London may from time to time by London cab order] make regulations for all or any of the following purposes; that is to say,
(1)For regulating [F12the number of persons to be carried in any hackney . . . F13 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, . . . F14, 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: . . . F15
(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 . . . F13 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 London . . . F16 the consent of the Court of the Lord Mayor and Aldermen shall be required to any stand appointed by [F17Transport for London]:
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
[F20(4)Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.]
F21 . . .
Subordinate Legislation Made
P1S. 9: power exercised by S.I. 1991/1301. For previous execise of power see the Index to Government Orders
Textual Amendments
F11Words in s. 9 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(6)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F12Words repealed so far as they relate to tramcars or trolley vehicles by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), s. 14(1), Sch. 2 Pt. IV
F13Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII
F14Words repealed by London Cab Act 1968 (c. 7), s. 5(2)
F15Proviso repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI
F16Words repealed by Statute Law (Repeals) Act 1989 (c. 43), Sch. 1 Pt. X
F17S. 9: words in para. (1) of the restriction substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(6)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F18S. 9 restriction (2) repealed by London Cab Act 1968 (c. 7), s. 5(2)
F19S. 9 restriction (3) repealed by Road Transport Lighting Act 1927 (c. 37), Sch.
F20S. 9: restriction para. (4) added (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(6)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F21Words repealed by Statute Law Revision Act 1966 (c. 5)
[F22Where Transport for London is authorised to make a London cab order under this Act, Transport for London] may annex a penalty not exceeding [F23level 1 on the standard scale] for the breach of such order or of any part or parts thereof, 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.
Textual Amendments
F22Words in s. 10 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(7) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F23Words substituted by virtue of Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 3 Pt. II and Criminal Justice Act 1982 (c. 48. SIF 39:1), ss. 40, 46
Any licence which may be granted by Transport for London under this Act may, if Transport for London so directs, be granted by such person as may be appointed for the purpose in the direction.]
Textual Amendments
F24S. 11 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
[F25Transport for London] may appoint such officers and constables of the metropolitan police force, and for the city of London of the city police, as [F26Transport for London] thinks fit to perform any duties 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 [F26Transport for London] may think just.
Textual Amendments
F25Words in s. 12 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(9)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
F26Words in s. 12 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(9)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
All penalties under this Act may be recovered summarily . . . F27.
Textual Amendments
F27Words repealed by Statute Law (Repeals) Act 1989 (c. 43), Sch. 1 Pt. X
[F28Transport for London] may cause to be attached to any lamp post any placard or signal for the purpose of carrying into effect the provisions of this Act.
Textual Amendments
F28Words in s. 14 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(10) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
All the provisions of the Acts relating to hackney carriages . . . F29 in force at the time of the commencement of this Act shall, subject to any alteration made therein by this Act or [F30by any London cab order] 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.
Textual Amendments
F29Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII
F30Words in s. 15 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 5(11) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3
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